Environmental-crime
bill advances
By Zane Wilson The Sun News
COLUMBIA - A measure expanding the state
grand jury's powers to environmental crimes was advanced by a Senate
subcommittee Wednesday with no opposition.
Sen. Jake Knotts, R-West Columbia, has been trying to get the
bill through for four years, but it has been blocked by legislators
who support business interests, including those from Horry
County.
Knotts and business leaders have worked on the proposal since the
end of the legislative session last year and came up with something
the state Chamber of Commerce, S.C. Manufacturing Alliance and Small
Business Chamber of Commerce all support.
Horry legislators said they want to study the revised bill and
may no longer oppose it if their concerns are addressed.
State grand jury handling of an environmental case would be rare
under the provisions proposed in the bill.
"I hope it won't get used any," Attorney General Henry McMaster
said. Environmental damage would have to amount to at least $1
million. The offense would have to be intentional, not accidental or
negligent, he said.
The Department of Health and Environmental Control and State Law
Enforcement Division would have to investigate and then report to
the attorney general that they are unable to complete the
investigation without the grand jury.
The difference in what is currently available to law enforcement
and prosecutors is that the state grand jury can subpoena records
and compel testimony, McMaster said.
An example of a case in which the state grand jury could have
been used was that of Tin Products, a company that intentionally
released toxic materials into public water. The contamination
damaged water and sewer systems in the plant's Lexington County
community. Federal courts took the case.
The bill would not apply to incidents such as illegal
tree-cutting at property development sites or minor filling of
swamps or marshes.
The possibility of using the grand jury to punish people for
those kinds of offenses is what concerned Horry County
legislators.
Rep. Tracy Edge, R-North Myrtle Beach, said "people were afraid
that for filling in a ditch that they would be forced to pay
thousands of dollars in legal fees and fines." The $1 million
threshold may make the bill reasonable, he said.
Rep. Billy Witherspoon, R-Conway, also said the damage minimum
helps ease his concerns, but he wants to know more about the
proposal before withdrawing his opposition.
"I just can't see somebody with an accidental spill being
prosecuted for it," he said.
The bill goes next to the Senate Judiciary Committee. A companion
House bill has not been taken up.
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