S.C. lawmakers are looking to loosen, cut or stop more than two
dozen environmental programs. Those programs protect the state's
natural resources, according to conservationists.
On the chopping block are new plans to keep sewage and fertilizer
from polluting groundwater or creeks. Legislators also are pushing
ahead with a proposal limiting regulation of hog farms.
And they're discussing whether to divert money from funds set up
specifically for environmental protection. One such fund was
supposed to pay for cleaning up hazardous waste pollution near South
Carolina's largest lake.
Some environmentalists worry the Republican-controlled General
Assembly either will erode environmental protections or stop tougher
rules. They say the environment is taking an unnecessary hit.
But some legislative leaders say environmental programs are under
scrutiny because they're either too expensive or too tough on
property owners.
LOSS OF 'CHECKS AND BALANCES'?
In the past, legislative fights over the environment often
focused on one or two major issues each session.
This year, at least 30 major programs or money used to protect
the environment are under attack, conservation groups say.
Money from 15 environmental funds under review would be used to
help balance the state budget this year. In some cases, legislators
haven't said whether they later would restore the money.
"It's distressing to me," said Brad Wyche, chairman of the S.C.
Department of Health and Environmental Control board. "A number of
studies show that protecting the environment goes hand in hand with
economic prosperity."
A poor economy has distracted attention from protecting natural
resources, said state Reps. James Smith and Joe Neal, both Richland
County Democrats.
Neal said some lawmakers who don't like certain regulations are
using the state's budget crisis to get what they want - less
scrutiny.
South Carolina's state government also has taken a more
conservative turn, some say. Republicans control the House, the
Senate and the Governor's Mansion, and the GOP's dominance has
overwhelmed the two-party system, S.C. Sierra Club director Dell
Isham said.
"I'm not sure in this climate you have the checks and balances
you would have had in the past," Isham said.
Environmental lawyer Bob Guild said South Carolina's attitude
toward the environment reflects the attitude of the federal
government. The Bush Administration has proposed numerous changes to
water, air and forestry rules. Environmentalists say those changes
will weaken federal protections.
A spokesman for Gov. Mark Sanford, supported by many Lowcountry
environmentalists in last year's election, said the governor is
committed to preserving South Carolina's quality of life. But
Sanford hasn't made up his mind about many of the issues being
debated, spokesman Will Folks said.
TAKING $10 MILLION FROM CLEANUP FUND
Many of the programs under review haven't been voted on yet by
the full House or Senate, and remain under discussion. The House is
expected to begin debating its proposed budget for the state this
week.
In some cases, the Legislature can't avoid taking action that
might have environmental consequences, said several lawmakers, who
criticized environmentalists for what they said are extreme
views.
With the state's economy still faltering, the Legislature is
looking to save money instead of raise taxes, some legislators
said.
Natural resource programs aren't being singled out, House
Majority Leader Rick Quinn said.
"Basically, we are in a budget situation where no one is going to
be a winner and we are having to put a budget together that protects
essential services," said Quinn, R-Richland.
That's why House budget writers want to take more than $10
million from a fund to clean up any pollution that might leak from
the Safety-Kleen hazardous waste dump near Lake Marion in Sumter
County. The money in the fund came from industries and others that
paid to use the landfill.
The Safety-Kleen landfill is full of poisonous metals, solvents
and other toxins from industrial sites across the Southeast.
Quinn said he supported taking money from the fund. In part, he
said, that's because the amount that legislators propose to take
wouldn't come close to paying for the landfill's possible cleanup
costs, which could top $100 million.
"I understand this is an emotional issue, but we didn't hurt the
trust fund for cleanup one bit," he said. "It's almost
nonexistent."
If legislators take more than $10 million from the Safety-Kleen
fund for other purposes, the state would have about $23 million left
in cash for cleanup, according to the Department of Health and
Environmental Control.
But some environmentalists fear this year's fund raid might
foreshadow future action on the Safety-Kleen funds.
"This ought to concern everybody," Neal said.
Legislators also are looking at other environmental protection
accounts, according to the S.C. Wildlife Federation.
All told, legislators are discussing whether to take nearly $16
million from 15 environmental funds. Those accounts include money to
pay for cleaning up leaking underground storage tanks and money to
maintain the Jocassee Gorges mountain preserve near Pickens, the
federation reported this past week.
PROPOSED RULES 'GO TOO FAR'
Besides the debate over money, environmentalists fear the
Legislature will kill or weaken several proposed regulations that
are intended to better protect the environment. Proposed by the
Department of Health and Environmental Control's board, the
regulations would protect rivers and wells from septic tank
pollution and stormwater runoff.
The proposals alarm homebuilders and others who are affected.
They say the regulations are an unreasonable infringement on
property rights.
Regulations sometimes are tougher than necessary, said state Rep.
Billy Witherspoon, chairman of the House Agriculture, Natural
Resources and Environmental Affairs Committee. The Horry County
Republican said he has heard an earful from businesspeople upset
over the new septic tank regulations.
"Nobody wants polluted water, and I don't want to fill all the
wetlands," said Witherspoon, a former county extension agent. "But
some of the regulations go too far.''
One of the most contentious plans would have increased the
distance required between septic tank systems and groundwater from
six inches to one foot. Witherspoon's committee blocked the
regulations after homebuilders complained. The rules were
recommended by DHEC earlier this year.
The U.S. Environmental Protection Agency and the National Oceanic
and Atmospheric Administration also urged the change in regulation.
Without the tougher rules, these agencies have indicated they would
cut $1.7 million in federal money normally pledged for environmental
programs in South Carolina.
South Carolina's septic tank regulations are among the
Southeast's weakest, past studies have shown.
However, the need for more restrictive septic tank rules was
poorly studied, said Michael Dey, governmental affairs director for
the Homebuilders Association of S.C. The rules would have rendered
some property in the Lowcountry useless for new homes, regulators
acknowledge.
"We did not think they were well grounded with scientific
support," Dey said, adding, "People have got to live somewhere."
Dey said his organization also opposes a plan to require a
35-foot, vegetated buffer between large new construction sites and
creeks, rivers or nearby lakes. The buffer rules were approved by
the DHEC board, which said they were needed to protect water
quality.
MAKING IT EASIER FOR HUGE HOG FARMS?
Perhaps the issue that most upsets environmentalists is a
proposal to prevent counties from regulating hog and poultry farms
more strictly than state law. The bill has passed the House
Agriculture Committee and is awaiting action by the House.
Environmentalists say counties should have the right to control
animal farms as strictly as necessary. Witherspoon said some
counties have enacted unduly restrictive rules that make animal
farming almost impossible.
Mega hog farms, many with thousands of pigs confined to low-slung
barns, are blamed for fouling water quality throughout North
Carolina in the 1990s. Some fear the industry wants to move into
South Carolina as Tarheel lawmakers clamp down with tougher laws on
swine operations. Poultry farms can produce polluted runoff and bad
smells.
Nancy Vinson, a water quality specialist with the S.C. Coastal
Conservation League, said preventing counties from enacting tough
animal farm regulations could be the first step in an eventual push
to loosen statewide animal farming rules.