> Chapter Home
 

Water Quality:
DHEC Permit Administrative Appeals

Our Position: oppose
Bill Number: H.3285
Sponsor: Reps. Wilkins, Clemmons, Harrison, Loftis.
Legislative Session: 05/06

Removes oversight over the permit appeals process from the DHEC Board and transfers authority to the Administrative Law Judges. Also removes the "automatic stay" provisions while in appeals process.

Status

www.scstatehouse.net/cgi-bin/web_bh10.exe 01/12/05 House Introduced and read first timeHJ-13 01/12/05 House Referred to Committee on Judiciary HJ-13 03/29/05 House Member(s) request name added as sponsor: Clemmons 03/30/05 House Committee report: Favorable Judiciary HJ-15 03/31/05 House Member(s) request name added as sponsor: Harrison 04/05/05 House Member(s) request name added as sponsor: Loftis 04/05/05 House Read second time HJ-27 04/06/05 House Read third time and sent to Senate HJ-19 04/06/05 Senate Introduced and read first time SJ-5 04/06/05 Senate Referred to Committee on Judiciary SJ-5 05/18/05 Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary SJ-17

Action Needed

Call your Senator. Oppose the transfer of appeal to the ALJ, and the removal of the automatic stay provision.

More information

 

Background

This bill, currently on the Senate calendar, removes the authority from the DHEC Board to hear permit appeals and transfers this authority to the Administrative Law Judges. These Judges are not accountable to voters and have no technical backgroung in environmental issues. The bill also removes the "automatic stay" provisions, currently in state law, and allows the permit applicant to move ahead with the proposed, possibly environmentally damaging activity, while the appeals process moves forward. This has the potential of causing serious environmental problems.

     
     

© copyright Sierra Club 1892-2014