June 7, 2012

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After much negotiation, on Wednesday, June 6, 2012, Governor Haley signed into law the amended South Carolina Pollution Control Act (R255, H4654).  As expected, the compromise between business and environmental groups, which postpones the creation of an isolated wetlands regulatory program and excludes private rights of action under the Act, is in the final version of the legislation.  Although the law provides no private right of action, it does allow individuals to petition the SC Department of Health and Environmental Control (DHEC) to determine if an unpermitted discharge into the environment is required to be permitted.  The Act also provides DHEC with discretion to order any necessary actions to protect public health or property in emergency situations.  Read the complete text of the amended Pollution Control Act.