South Carolina S 139: NPDES Outlet Sign

Bill Text

2025-2026 Bill 139 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 139

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
48-1-91 SO AS TO REQUIRE ANY PERSON POSSESSING A NPDES PERMIT WHICH ALLOWS THE 
DISCHARGE OF EFFLUENT INTO STATE WATERS TO POST A SIGN, TO PROVIDE FOR THE REQUIREMENTS 
OF THAT SIGN, AND TO ESTABLISH CERTAIN EXEMPTIONS AND CIRCUMSTANCES TO WAIVE 
THE REQUIREMENTS OF THIS SECTION.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 48 of the S.C. Code is amended by 
adding:

 Section 
48-1-91. (A) Any person possessing a 
NPDES permit which allows the discharge of effluent into the waters of the 
State shall post a conspicuous and legible sign as provided for in subsection 
(B), except for those sites which are exempted in subsection (C) or those sites 
for which the requirements of this section are waived in accordance with 
subsection (D).

 (B) The 
sign shall be attached to the outlet or posted adjacent to the outlet in such a 
way that the sign shall be visible from the receiving 
water. If the outlet is submerged, the sign shall be posted on the bank as 
close to the outlet as possible. The sign shall be made of materials that are 
durable to typical weather conditions. The sign must be at least eighteen 
inches square and must include the following information:

 (1) 
the words "Treated Wastewater" or "Cooling Water", as 
appropriate;

 (2) 
the name of the permittee and the facility;

 (3) 
the permit number;

 (4) 
a telephone number for the permittee; and

 (5) 
a telephone number for reporting to the department.

 (C) The 
following are exempt from the requirements of this section:

 (1) 
discharges that are composed exclusively of stormwater; and

 (2) 
discharges associated with NPDES General Permits for hydroelectric generating 
facilities, hydrostatic test water, vehicle wash water, potable water treatment 
plants, and the application of pesticides.

 (D) The 
permittee may apply to the department for a waiver from the requirements of 
this section for any of the following circumstances:

 (1) 
the posting of the sign would be inconsistent with any other state or federal 
statute;

 (2) 
the outlet to the receiving water is located on private or governmental 
property, which is restricted to the public through fencing, patrolling, or 
other control mechanisms;

 (3) 
such a sign cannot reasonably be maintained;

 (4) 
such a sign cannot be so located as to provide a public purpose; or

 (5) 
the nature of the discharge is temporary and of a relatively short duration.

 (E) The 
sign must be posted no later than twelve months after the effective date of 
this act, and it must be properly maintained from that point forward.

 (F) The 
department shall notify all NPDES permit holders registered with the department 
of the requirements in this section no later than November 29, 2025.

SECTION 2. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reason held to be unconstitutional or invalid, such holding shall not 
affect the constitutionality or validity of the remaining portions of this act, 
the General Assembly hereby declaring that it would have passed this act, and 
each and every section, subsection, paragraph, subparagraph, sentence, clause, 
phrase, and word thereof, irrespective of the fact that any one or more other 
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, 
or words hereof may be declared to be unconstitutional, invalid, or otherwise 
ineffective.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 11, 2024 at 04:35 PM