(A) There is established within the Treasurer's Office an agency-restricted, interest-bearing account to be known as the South Carolina Environmental Protection Fund.

(B) Notwithstanding any provision of law to the contrary, there must be deposited in the fund all fees as authorized by this article to be collected for the following environmental programs administered by the department, including fees for environmental permits, licenses, certificates, and registrations:

(1) Pollution Control Act;

(2) Clean Air Act;

(3) Safe Drinking Water Act;

(4) Hazardous Waste Management Act;

(5) Atomic Energy Act;

(6) Oil and Gas Act;

(7) any environmental program for which applicable federal law requires the establishment and collection of fees.

(8) Surface Water Withdrawal, Permitting, Use, and Reporting Act.

(C) The department shall maintain separate accounting for the monies collected and expended under each of the acts enumerated in subsection (B).

(D) Unencumbered monies and any unexpended balance of the fund remaining at the end of a fiscal year do not revert to the general fund but must be carried forward and maintained in separate accounts until expended in accordance with this article.

(E) Interest accruing on investments and deposits of the fund must be credited to the general fund.

(F) Monies in the fund must be invested by the State Treasurer for the benefit of the fund. The fund must be administered by the appropriate program area within the department.

(G) Monies in the fund may be expended only in accordance with annual appropriations approved by the General Assembly, except as otherwise authorized under Section 48-2-60.

HISTORY: 1993 Act No. 122, Section 2; 2010 Act No. 247, Section 2, eff January 1, 2011.

Effect of Amendment

The 2010 amendment added item (B)(8), relating to the Surface Water Withdrawal, Permitting, Use, and Reporting Act.