S.C. Code Ann. § 48-59-40 — SC Code / Title 48 / Chapter 59 / Section 48-59-40
SECTION 48-59-40. South Carolina Conservation Bank; board members and meetings; terms, recusal, and personal liability of members.
Status: in_force

(A) There is established the South Carolina Conservation Bank. The bank is governed by a seventeen-member board selected as follows: (1) the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, the Commissioner of Agriculture, the Secretary of Commerce, the Secretary of Transportation, and the Director of the South Carolina Department of Parks, Recreation and Tourism, or their designees, all of whom shall serve ex officio and without voting privileges; (2) three members appointed by the Governor from the State at large; (3) four members appointed by the Speaker of the House of Representatives, one each from the Third, Fourth, and Sixth Congressional Districts and one member from the State at large; and (4) four members appointed by the President of the Senate, one each from the First, Second, Fifth, and Seventh Congressional Districts. (B)(1) In making their respective appointments to the board, the Governor, Speaker of the House of Representatives, and President of the Senate shall take all reasonable steps to ensure that the members of the board reflect the state's racial and gender diversity. (2) Each member of the board must possess experience in the areas of natural resources, land development, forestry, farming, finance, land conservation, real estate, or law. (C) Terms of board members are for four years and until their successors are appointed and qualify, except that the initial terms of each appointing official's appointees must be staggered with the initial term noted on the appointment. Regardless of the date of appointment, all terms expire on July first of the applicable year. Vacancies must be filled in the manner of original appointments for the unexpired portion of the term. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The board shall elect a chairman and other officers as necessary from its membership. (D) Board members must recuse themselves from any vote in which they have a conflict of interest including, but not limited to, any vote affecting or providing funding for the acquisition of interests in land: (1) on land owned or controlled by the board member, the board member's immediate family, or an entity the board member represents, works for, or in which the member has a voting or ownership interest; (2) on land contiguous to land described in item (1) of this subsection; and (3) by an eligible trust fund recipient that the board member represents, works for, or in which the member has a voting or ownership interest. The provisions of this subsection are cumulative to and not in lieu of provisions of law or applicable rule relating to the ethics of public officers. (E) The board shall meet at least quarterly in regularly scheduled meetings and in special meetings as the chairman may call. The bank is a public body and its records and meetings are public records and public meetings for purposes of Chapter 4, Title 30, the Freedom of Information Act. All meetings shall be open to the public and allow for public input. (F) Board members shall have no personal liability for any actions or refusals to act in their official capacity as long as such actions or refusals to act do not involve wilful or intentional malfeasance or recklessness. Editor's Note 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." 2018 Act No. 224, SECTION 7, provides as follows: "SECTION 7. (A) Effective July 1, 2018, the South Carolina Conservation Bank Board must be made up of members elected pursuant to the provisions of Section 48-59-40, as amended by this act. The members serving on the board immediately prior to July 1, 2018, only may serve on the commission until their successor has been appointed or the member is reappointed pursuant to Section 48-59-40, as amended by this act. The initial appointments to the board must be staggered so that one of the members appointed by the Governor, the member from the Third Congressional District and the member appointed from the State at large appointed by the Speaker of the House of Representatives, and the members from the First and Fifth Congressional Districts appointed by the President Pro Tempore of the Senate must be appointed to an initial term of two years. The Governor must clearly specify which of his appointments are for two-year terms. The remaining initial appointments and all subsequent appointments must be for four-year terms pursuant to Section 48-59-40. "(B) To ensure an efficient transition, upon approval by the Governor, the appointing officials may begin appointing members whose terms will take effect on July 1, 2018." Effect of Amendment The 2012 amendment in subsection (A), substituted "fourteen-member" for "twelve-member"; in item (3), substituted "four" for "three" and added "and one member from the State at large"; in item (4), substituted "four" for "three" and added ", and seventh"; and made other nonsubstantive changes. 2018 Act No. 224, SECTION 2, inserted (B), relating to racial and gender diversity on the board; redesignated (B) to (E) as (C) to (F); and in (E), in the first sentence, substituted "quarterly" for "twice annually", and in the second sentence, substituted "Chapter 4, Title 30" for "Chapter 4 of Title 30". 2019 Act No. 1, SECTION 59, in (A)(4), substituted "President of the Senate" for "President Pro Tempore of the Senate". 2024 Act No. 117, SECTION 1, in (A), in the second sentence, substituted "seventeen-member board" for "fourteen-member board", and in (1), inserted "the Commissioner of Agriculture, the Secretary of Commerce, the Secretary of Transportation," and "or their designees"; and in (B), in (1), substituted "President of the Senate" for "President Pro Tempore of the Senate", and in (2), inserted "farming,".
S.C. Code Ann. § 48-39-270 — SC Code / Title 48 / Chapter 39 / Section 48-39-270
SECTION 48-39-270. Definitions.
Status: in_force

As used in this chapter: (1) Erosion control structures or devices include: (a) seawall: a special type of retaining wall that is designed specifically to withstand normal wave forces; (b) bulkhead: a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline; (c) revetment: a sloping structure built along an escarpment or in front of a bulkhead to protect the shoreline or bulkhead from erosion. (2) Habitable structure means a structure suitable for human habitation including, but not limited to, single or multifamily residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure but, if a building is divided into apartments, then the entire building, not the individual apartment, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements. (3) Department means the Department of Health and Environmental Control. (4) Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide. (5) The beach/dune system includes all land from the mean highwater mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280. (6) A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not influenced directly by tidal inlets or associated inlet shoals. (7) An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which is influenced directly by the inlet and its associated shoals. (8) Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community. (9) Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms, master plan, or planned unit development. (10) Planned unit development means a residential, commercial, or industrial development, or all three, designed as a unit and approved by local government. (11) Destroyed beyond repair means that more than sixty-six and two-thirds percent of the replacement value of the habitable structure or pool has been destroyed. If the owner disagrees with the appraisal of the department, he may obtain an appraisal to evaluate the damage to the building or pool. If the appraisals differ, then the two appraisers must select a third appraiser. If the two appraisers are unable to select a third appraiser, the clerk of court of the county where the structure lies must make the selection. Nothing in this section prevents a court of competent jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner. (12) Pool is a structure designed and used for swimming and wading. (13) Active beach is that area seaward of the escarpment or the first line of stable natural vegetation, whichever first occurs, measured from the ocean.
S.C. Code Ann. § 48-39-345 — SC Code / Title 48 / Chapter 39 / Section 48-39-345
SECTION 48-39-345. Coastal Division to administer funds reimbursed to nonfederal project sponsors under local cooperative agreement with army corps of engineers for cost-shared beach renourishment project.
Status: in_force

Any funds reimbursed to nonfederal project sponsors under the terms of a Local Cooperative Agreement (LCA) with the Army Corps of Engineers for a federally cost-shared beach renourishment project, where the reimbursement is for credit to the nonfederal sponsor for federally approved effort and expenditures toward the nonfederal project sponsor obligations detailed in the LCA and where the State has provided funding to the nonfederal sponsor to meet the financial cost-sharing responsibilities under the LCA, must be refunded by the nonfederal sponsor to the State with the State and the nonfederal sponsor sharing in this reimbursement in the same ratio as each contributed to the total nonfederal match specified in the LCA. The Coastal Division of the South Carolina Department of Health and Environmental Control shall administer these funds and make these funds available to other beach renourishment projects.
S.C. Code Ann. § 48-9-1300 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1300
SECTION 48-9-1300. Commissioners of different districts cooperation.
Status: in_force

The commissioners of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.
S.C. Code Ann. § 48-2-30 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-30
SECTION 48-2-30. Environmental Protection Fund established; sources of funds; accounting; investment and interest; allowable expenditures.
Status: in_force

(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. Effect of Amendment The 2010 amendment added item (B)(8), relating to the Surface Water Withdrawal, Permitting, Use, and Reporting Act.
S.C. Code Ann. § 48-39-190 — SC Code / Title 48 / Chapter 39 / Section 48-39-190
SECTION 48-39-190. Lands not affected by chapter.
Status: in_force

Nothing in this chapter shall affect the status of the title of the State or any person to any land below the mean highwater mark. The State shall in no way be liable for any damages as a result of the erection of permitted works.
S.C. Code Ann. § 48-9-620 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-620
SECTION 48-9-620. Filing and contents of application by appointed commissioners with Secretary of State.
Status: in_force

The two appointed commissioners shall present to the Secretary of State an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals) that: (1) A petition for the creation of the district was filed with the department pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to such petition; (2) The application is being filed in order to complete the organization of the district under this chapter and the department has appointed the signers as commissioners; (3) The name and official residence of each of the commissioners, together with a certified copy of the appointments evidencing their right to office; (4) The term of office of each of the commissioners; (5) The name which is proposed for the district; and (6) The location of the principal office of the commissioners of the district. The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of this State to take and certify oaths, who shall certify upon the application that he personally knows the commissioners and knows them to be the officers as affirmed in the application and that each has subscribed thereto in the officer's presence. The application shall be accompanied by a statement by the department which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued and hearing held as provided in Sections 48-9-510 and 48-9-540; that the department did duly determine that there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; and that thereafter the department did duly determine that the operation of the proposed district is administratively practicable and feasible. Such statement shall set forth the boundaries of the district as defined by the department.
S.C. Code Ann. § 48-9-1020 — SC Code / Title 48 / Chapter 9 / Article 9 / Section 48-9-1020
SECTION 48-9-1020. Referendum on discontinuance.
Status: in_force

Within sixty days after such a petition has been received by the department it shall give due notice of the holding of a referendum and shall supervise such referendum and issue appropriate regulations governing the conduct thereof. The question shall be submitted by ballots upon which the words "For terminating the existence of the (name of the soil and water conservation district to be here inserted)" and "Against terminating the existence of the (name of the soil and water conservation district to be here inserted)" shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions as the voter may favor or oppose discontinuance of such district. All owners of land lying within the boundaries of the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in the matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in this section and the referendum shall have been fairly conducted.
S.C. Code Ann. § 48-1-110 — SC Code / Title 48 / Chapter 1 / Section 48-1-110
SECTION 48-1-110. Permits required for construction or alteration of disposal systems; classification; unlawful operations or discharges.
Status: in_force

(a) It shall be unlawful for any person, until plans therefor have been submitted to and approved by the department and a written permit therefor shall have been granted to: (1) Construct or install a disposal system or source; (2) Make any change in, addition to or extension of any existing disposal system or part thereof that would materially alter the method or the effect of treating or disposing of the sewage, industrial waste or other wastes; (3) Operate such new disposal systems or new source, or any existing disposal system or source; (4) Increase the load through existing outlets of sewage, industrial waste or other wastes into the waters of the State. (b) The director of Health and Environmental Control shall classify all public wastewater treatment plants, giving due regard to size, types of work, character, and volume of waste to be treated, and the use and nature of the water resources receiving the plant effluent. Plants may be classified in a group higher than indicated at the discretion of the classifying officer by reason of the incorporation in the plant of complex features which cause the plant to be more difficult to operate than usual or by reason of a waste unusually difficult to treat, or by reason of conditions of flow or use of the receiving waters requiring an unusually high degree of plant operation control or for combinations of such conditions or circumstances. The classification is based on the following groups: (1) For biological wastewater treatment plants: Group I-B. All wastewater treatment plants which include one or more of the following units: primary settling, chlorination, sludge removal, imhoff tanks, sand filters, sludge drying beds, land spraying, grinding, screening, oxidation, and stabilization ponds. Group II-B. All wastewater treatment plants which include one or more of the units listed in Group I-B and, in addition, one or more of the following units: sludge digestion, aerated lagoon, and sludge thickeners. Group III-B. All wastewater treatment plants which include one or more of the units listed in Groups I-B and II-B and, in addition, one or more of the following: trickling filters, secondary settling, chemical treatment, vacuum filters, sludge elutriation, sludge incinerator, wet oxidation process, contact aeration, and activated sludge (either conventional, modified, or high rate processes). Group IV-B. All wastewater treatment plants which include one or more of the units listed in Groups I-B, II-B, and III-B and, in addition, treat waste having a raw five-day biochemical oxygen demand of five thousand pounds a day or more. (2) Effective July 1, 1987, for physical-chemical wastewater treatment plants: Group I-P/C. All wastewater treatment plants which include one or more of the following units: primary settling, equalization, pH control, and oil skimming. Group II-P/C. All wastewater treatment plants which include one or more of the units listed in Group I-P/C and, in addition, one or more of the following units: sludge storage, dissolved air flotation, and clarification. Group III-P/C. All wastewater treatment plants which include one or more of the units listed in Groups I-P/C and II-P/C and, in addition, one or more of the following: oxidation/reduction reactions, cyanide destruction, metals precipitation, sludge dewatering, and air stripping. Group IV-P/C. All wastewater treatment plants which include one or more of the units listed in Groups I-P/C, II-P/C, and III-P/C and, in addition, one or more of the following: membrane technology, ion exchange, tertiary chemicals, and electrochemistry. (c) It shall be unlawful for any person or municipal corporation to operate a public wastewater treatment plant unless the operator-in-charge holds a valid certificate of registration issued by the Board of Certification of Environmental Systems Operators in a grade corresponding to the classification of the public wastewater treatment plant supervised by him, except as hereinafter provided. (d) It shall be unlawful for any person to operate an approved waste disposal facility in violation of the conditions of the permit to construct or the permit to discharge. (e) It shall be unlawful for any person, directly or indirectly, negligently or willfully, to discharge any air contaminant or other substance in the ambient air that shall cause an undesirable level.
S.C. Code Ann. § 48-59-30 — SC Code / Title 48 / Chapter 59 / Section 48-59-30
SECTION 48-59-30. Definitions.
Status: in_force

As used in this chapter: (1) "Bank" means the South Carolina Conservation Bank. (2) "Board" means the governing board of the bank. (3) "Trust fund" means the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60. (4) "Eligible trust fund recipient" means: (a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values: (i) South Carolina Department of Natural Resources, (ii) South Carolina Forestry Commission, and (iii) South Carolina Department of Parks, Recreation and Tourism. (b) a municipality of this State and any agency, commission, or instrumentality of such a municipality; (c) a county of this State and any agency, commission, or instrumentality of such county; or (d) a not-for-profit charitable corporation or trust authorized to do business in this State whose principal activity is the acquisition and management of interests in land for conservation or historic preservation purposes and which has tax-exempt status as a public charity under the Internal Revenue Code of 1986. (5) "Farmland" means land used for the production of food, fiber, or other agricultural products. (6) "Land" means real property, including highlands and wetlands of any description. (7) "Conservation easement" means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991. (8) "Interests in lands" means fee simple titles to lands or conservation easements. Effect of Amendment 2018 Act No. 224, SECTION 1, in (4), inserted (c), relating to counties, redesignated (c) as (d), and made a nonsubstantive change.
S.C. Code Ann. § 48-1-270 — SC Code / Title 48 / Chapter 1 / Section 48-1-270
SECTION 48-1-270. Availability of records, reports, and information to the public; confidentiality of trade secrets.
Status: in_force

Any records, reports or information obtained under any provision of this chapter shall be available to the public. Upon a showing satisfactory to the Department by any person that records, reports or information, or particular parts thereof, other than effluent or emission data, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Department shall consider such record, report or information or particular portion thereof confidential in the administration of this chapter.
S.C. Code Ann. § 48-43-80 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-80
SECTION 48-43-80. Chapter inapplicable if act is done pursuant to federal or state permit.
Status: in_force

Nothing in this chapter shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the state pursuant to either a federal or state permit.
S.C. Code Ann. § 48-56-60 — SC Code / Title 48 / Chapter 56 / Section 48-56-60
SECTION 48-56-60. Application requirements; interested persons group.
Status: in_force

Applications submitted for participation in the program must include a draft cooperative agreement that satisfies Section 48-56-30. An applicant must establish an interested persons group that includes residents of the area in which the facility proposed to be covered by the agreement is located and the application must include a description of the process used by the applicant to the group. The application must also include a list of members of the interested persons group, and any other interested person who has requested notification.
S.C. Code Ann. § 48-39-30 — SC Code / Title 48 / Chapter 39 / Section 48-39-30
SECTION 48-39-30. Legislative declaration of state policy.
Status: in_force

(A) The General Assembly declares the basic state policy in the implementation of this chapter is to protect the quality of the coastal environment and to promote the economic and social improvement of the coastal zone and of all the people of the State. (B) Specific state policies to be followed in the implementation of this chapter are: (1) To promote economic and social improvement of the citizens of this State and to encourage development of coastal resources in order to achieve such improvement with due consideration for the environment and within the framework of a coastal planning program that is designed to protect the sensitive and fragile areas from inappropriate development and provide adequate environmental safeguards with respect to the construction of facilities in the critical areas of the coastal zone; (2) To protect and, where possible, to restore or enhance the resources of the State's coastal zone for this and succeeding generations; (3) To formulate a comprehensive tidelands protection program; (4) To formulate a comprehensive beach erosion and protection policy including the protection of necessary sand dunes. (5) To encourage and assist state agencies, counties, municipalities and regional agencies to exercise their responsibilities and powers in the coastal zone through the development and implementation of comprehensive programs to achieve wise use of coastal resources giving full consideration to ecological, cultural and historic values as well as to the needs for economic and social development and resources conservation. (C) In the implementation of the chapter, no government agency shall adopt a rule or regulation or issue any order that is unduly restrictive so as to constitute a taking of property without the payment of just compensation in violation of the Constitution of this State or of the United States. (D) Critical areas shall be used to provide the combination of uses which will insure the maximum benefit to the people, but not necessarily a combination of uses which will generate measurable maximum dollar benefits. As such, the use of a critical area for one or a combination of like uses to the exclusion of some or all other uses shall be consistent with the purposes of this chapter. (E) It shall be the policy of the State to coordinate the coastal planning and management program effort with other coastal states and organizations of coastal states.
S.C. Code Ann. § 48-27-130 — SC Code / Title 48 / Chapter 27 / Section 48-27-130
SECTION 48-27-130. Requirements for qualification as registered forester.
Status: in_force

(A) The following are minimum evidence satisfactory to the board that the applicant is qualified for registration as a registered forester: (1) graduation from a curriculum in forestry of four years or more in a department, school, or college approved by the board and a specific record of an additional two years' or more experience in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry; or (2) successfully passing a written examination designed to show knowledge and skill approximating that obtained through graduation from an approved four-year curriculum in forestry and a specific record of six years or more of practice in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry. (B) The board shall issue licenses only to applicants who meet the requirements of this section. However, no person may register as a forester who has been convicted of a felony or crime involving moral turpitude. However, the applicant may be licensed by the board if: (1) At least five years have passed since he was convicted, sentenced, or released from incarceration, whichever is later. (2) No criminal charges are pending against him. (C) The completion of the junior year of a curriculum in forestry in a school or college approved by the board is equivalent to two years of practice. The completion of the senior year of a curriculum in forestry, without graduation, in a school or college approved by the board is equivalent to three years of practice. (D) Beginning June 1, 1991, applicants shall take the examination for registration.
S.C. Code Ann. § 48-57-90 — SC Code / Title 48 / Chapter 57 / Section 48-57-90
SECTION 48-57-90. Construction.
Status: in_force

Nothing in this chapter limits, waives, or abrogates: (1) the scope or nature of any statutory or common law privilege, including the work-product privilege or the attorney-client privilege; (2) any existing ability or authority under state law to challenge privilege; or (3) the department's authority to obtain or use documents or information that the department otherwise has the authority to obtain under state regulations promulgated pursuant to federally-approved programs.
S.C. Code Ann. § 48-62-330 — SC Code / Title 48 / Chapter 62 / Article 3 / Section 48-62-330
SECTION 48-62-330. Authority; authorizations and functions.
Status: in_force

(A) With regard to the fund, the authority is authorized to: (1) make and service below-market interest rate loans and grants as financial incentives to eligible fund recipients meeting the criteria of Section 48-62-50 for the purchase of flooded properties and land to complete floodplain restorations, so long as the loans advance the purposes of this article and meet applicable criteria; (2) enter into loan agreements and accept and enforce loan obligations, so long as the loans advance the purposes of this article and meet applicable criteria; (3) receive and collect the inflow of payments on loan amounts; (4) apply for and receive additional funding for the fund from federal, state, private, and other sources; (5) receive charitable contributions and donations to the fund; (6) receive contributions to the fund in satisfaction of any public or private obligation for flooding mitigation, whether such obligation arises out of law, equity, contract, regulation, administrative proceeding, or judicial proceeding. Such contributions must be used as provided for in this article; (7) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions; (8) establish policies and procedures for the making and administration of loans, fiscal controls, and accounting procedures to ensure proper accounting and reporting; and (9) exercise its discretion in determining what portion of funds must be disbursed and awarded in any particular year and what portion of funds shall remain in the fund from one fiscal year to the next. Sums within the fund must be invested or deposited into interest-bearing instruments or accounts, and the accrued interest must be credited to the fund. (B) To carry out these functions, the authority shall: (1) operate a program in order to implement the purposes of this article; (2) receive final approval from the State Fiscal Accountability Authority for fund disbursements prior to the issuance of a loan; (3) develop additional guidelines and prescribe procedures, consistent with the criteria and purposes of this article; (4) submit an annual report to the Governor, Lieutenant Governor, State Treasurer, and General Assembly that: (a) accounts for fund receipts and disbursements; (b) briefly describes applications submitted to the fund and, in greater detail, describes grants and loans that were approved or funded during the current year and the public benefits, including increased flood retention resulting from such grants and loans; (c) describes recipients of fund loans and grant monies; and (d) sets forth a list and description of all loans and grants approved and all acquisitions of homes and lands obtained since the fund's inception; and (5) have an annual audit of the fund conducted by outside independent certified public accountants and submitted to the Governor, Lieutenant Governor, State Treasurer, and General Assembly. The accounting of fund receipts and expenditures required above must be part of this annual audit.
S.C. Code Ann. § 48-5-180 — SC Code / Title 48 / Chapter 5 / Section 48-5-180
SECTION 48-5-180. Liberal construction of chapter; chapter contains all notice and security requirements; provisions of chapter controlling.
Status: in_force

The provisions of this chapter must be liberally construed to the end that its beneficial purposes may be effectuated. No proceeding, notice, or approval is required for the issuance of bonds of the authority or loan obligations by a project sponsor or instruments or the security for the bonds or loan obligation, except as provided in this chapter. If the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter are controlling.
S.C. Code Ann. § 48-52-850 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-850
SECTION 48-52-850. Certification using Green Globes Rating System; inspection and monitoring of environmental benefits.
Status: in_force

(A) In order to become certified using a Green Globes Rating System, a major facility project shall register with GBI prior to filing the first building construction permit application. GBI shall have the sole discretion in determining whether a major facility project receives certification. (B) All major facility projects that were first certified as receiving two globes using the Green Globes Rating System must be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year following certification. The third-party commissioning agent shall determine whether the building is operating at the standard to which it was originally designed and certified. The third-party commissioning agent shall report its findings to the State Engineer. The report must include, but is not limited to, the building's savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements. If the State Engineer determines that the building is not operating within the spirit of this article, the State Engineer may take appropriate measures to bring the building into compliance. (C) The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed, or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after certification of the major facility project and shall continue for nineteen years thereafter. All data concerning energy and environmental benefits collected pursuant to this section must be made available to the Department of Administration to be compiled and submitted to the General Assembly pursuant to Section 48-52-860.
S.C. Code Ann. § 48-28-60 — SC Code / Title 48 / Chapter 28 / Section 48-28-60
SECTION 48-28-60. Rate of cost-sharing payments; maximum payments to eligible landowners; exclusion of land for which federal cost-sharing payments are received.
Status: in_force

An eligible landowner may receive cost-sharing payments for satisfactory completion of approved practices as determined by the State Forester at rates established by him. The cost-share rates for all practices shall not exceed the cost-sharing rate of any other compatible governmental forestry program that may be in effect. The maximum amount of cost-sharing funds allowed to any eligible landowner in one fiscal year shall be limited to the amount needed to complete approved practices on one hundred acres of land subject to provisions under paragraph one of this section. Eligible landowners may not use state cost-sharing funds if funds from any federal cost-sharing program are used on the same acreage for forestry practices during the same fiscal year.
S.C. Code Ann. § 48-5-50 — SC Code / Title 48 / Chapter 5 / Section 48-5-50
SECTION 48-5-50. Continuation of existing fund; deposits to fund; use of funds.
Status: in_force

(A) The clean water fund established pursuant to the former provisions of Chapter 6 of Title 48 is continued in existence and held and administered by the authority in accordance with the provisions of this chapter and policies, rules, regulations, directives, and agreements as may be promulgated or entered into by the authority pursuant to this chapter. Earnings on balances in the clean water fund must be credited to the clean water fund. Amounts remaining in the clean water fund at the end of a fiscal year accrue only to the credit of the clean water fund. Amounts in the clean water fund must be available in perpetuity for the purpose of providing financial assistance in accordance with the provisions of this chapter and the Clean Water Act. (B) There must be deposited in the clean water fund: (1) federal capitalization grants and awards or other federal assistance received by the department under authority of the Clean Water Act for purposes of the clean water fund; (2) funds appropriated by the General Assembly for deposit to the clean water fund; (3) payments received from a project sponsor in repayment of a loan, including amounts withheld by the State Treasurer and paid to the authority pursuant to Section 48-5-170; (4) net proceeds of bonds issued by the authority; (5) interest or other income earned on the investment of monies in the clean water fund; and (6) additional monies made available from public or private sources for the purposes for which the clean water fund has been established. (C) Amounts in the clean water fund may be used only: (1) to make loans to project sponsors in accordance with provisions of this chapter and the Clean Water Act; (2) to buy or refinance debt obligations of project sponsors at or below market rates, if the debt obligations were incurred after March 7, 1985; (3) to guarantee or purchase insurance for bonds, notes, or other evidences of obligation issued by a project sponsor for the purpose of financing all or a portion of the cost of a project, if the action improves credit market access or reduces interest rates; (4) as a source of revenue or security for the payment of principal and interest on bonds issued by the authority if the proceeds of the sale of the bonds are deposited in the clean water fund; (5) to earn interest on clean water fund accounts; (6) for the reasonable costs of administering the clean water fund and conducting activities under the Clean Water Act; and (7) for any other purpose authorized by the Clean Water Act or any other federal law governing or appropriating funds for the clean water fund. (D) The authority may establish accounts and subaccounts within the clean water fund as considered desirable to effectuate the purposes of this chapter, to comply with the provisions of a bond resolution, or to meet a requirement of the Clean Water Act. Effect of Amendment The 2010 amendment in subsection (C)(7) added the text following the reference to the Safe Drinking Water Act.
S.C. Code Ann. § 48-60-62 — SC Code / Title 48 / Chapter 60 / Section 48-60-62
SECTION 48-60-62. Liability of counties, solid waste authorities, and municipalities.
Status: repealed

Section effective until December 31, 2029. Counties, solid waste authorities serving one or more counties, and municipalities that fully comply with the storage and packaging requirements of this chapter shall be exempt from liability upon the proper removal of covered devices from the solid waste facilities. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
S.C. Code Ann. § 48-1-20 — SC Code / Title 48 / Chapter 1 / Section 48-1-20
SECTION 48-1-20. Declaration of public policy.
Status: in_force

It is declared to be the public policy of the State to maintain reasonable standards of purity of the air and water resources of the State, consistent with the public health, safety and welfare of its citizens, maximum employment, the industrial development of the State, the propagation and protection of terrestrial and marine flora and fauna, and the protection of physical property and other resources. It is further declared that to secure these purposes and the enforcement of the provisions of this chapter, the Department of Health and Environmental Control shall have authority to abate, control and prevent pollution.
S.C. Code Ann. § 48-7-20 — SC Code / Title 48 / Chapter 7 / Section 48-7-20
SECTION 48-7-20. Powers of Clemson University.
Status: in_force

The trustees of Clemson University may: (1) Receive the grants and use them for the benefit of the State in accordance with the terms and conditions expressed in the act of Congress and as it may be hereafter amended by Congress and in accordance with such rules and regulations as may be prescribed by the Secretary of Agriculture under the authority delegated to him by Congress in the act; (2) Submit to the Secretary prior to such time and in such manner and form as the Secretary prescribes a State plan to effectuate the purposes of the soil and water conservation and domestic allotment act for the year to which such plan is applicable; (3) Provide for such methods of administration and such participation in the administration of the plan by county and community committees or associations of agricultural producers organized for such purpose as the Secretary finds necessary for the effective administration of the plan; (4) Provide for the submission to the Secretary of such reports as he finds necessary to ascertain whether the plan is being carried out according to its terms and for compliance with such requirements as the Secretary may prescribe to assure the correctness of and make possible the verification of such reports; and (5) Submit to the General Assembly an annual report for each year covering the administration and operation of such plan.
S.C. Code Ann. § 48-52-420 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-420
SECTION 48-52-420. Duties of State Energy Office.
Status: in_force

In carrying out the purposes of the Plan for State Energy Policy, the State Energy Office shall: (1) provide, in cooperation and conjunction with the Governor's Office, informational and technical assistance programs to assist with residential, commercial, governmental, industrial, and transportation conservation and efficiency and to encourage the use of renewable indigenous energy resources; (2) promote, in conjunction with the South Carolina Energy Research and Development Center and the Governor's Office, continued and expanded energy research and development programs geared toward the energy needs of the State; (3) evaluate and certify energy conservation products in cooperation with the South Carolina Energy Research and Development Center; (4) in cooperation with the Governor's Office and other appropriate entities, examine and consider the desirability and feasibility of mechanisms for tax incentives, low-interest loans, and other financing means for cost-effective energy consideration and efficiency and use of renewable and indigenous energy resources, and advocate their implementation when deemed appropriate; (5) work with the Public Service Commission and other groups to promote appropriate financial incentives for electric and gas utilities to maximize the use of cost-effective demand-side options in meeting future energy needs; (6) promote the adoption and use of energy efficient building codes and certification procedures for builders, heating and cooling specialists, and building inspectors; (7) promote energy efficiency in manufactured housing; (8) promote the use of less-polluting transportation fuels, public transportation and other transportation alternatives, higher mileage and less-polluting vehicles, and work with state and local entities through policy development, planning, and advocacy to encourage reduction in the need for vehicle travel; (9) ensure that state government agencies establish comprehensive energy efficiency plans and become models for energy efficiency in South Carolina, and assist the Department of Education in achieving energy efficiency in public schools; (10) collect currently published and publicly available energy data and provide energy information clearinghouse functions in conjunction with the Governor's Office, and conduct long-range energy planning; (11) assist the Governor's Office and the General Assembly in assessing the public economic and environmental interest on issues related to energy production, transportation, and use and provide information on the public interest in appropriate forums. (12) ensure that any future energy strategy that promotes carbon-free, nongreenhouse gas emitting sources includes nuclear energy, renewable energy resources, and energy conservation and efficiency. Editor's Note Under the provisions of Chapter 34, Title 1, an agency is required to adopt the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing by giving notice in the State Register. Effect of Amendment The 2009 amendment added item (12) relating to future energy strategy.
S.C. Code Ann. § 48-39-35 — SC Code / Title 48 / Chapter 39 / Section 48-39-35
SECTION 48-39-35. Coastal Division created.
Status: in_force

The Coastal Division of the Department of Health and Environmental Control is created July 1, 1994.
S.C. Code Ann. § 48-52-820 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-820
SECTION 48-52-820. Promoting effective energy and environmental standards for buildings; adoption of policies and procedures.
Status: in_force

The purpose of this section is to promote effective energy and environmental standards for construction, rehabilitation, and maintenance of buildings in this State, improving the state's capacity to design, build, and operate high-performance buildings and creating new jobs and contributing to economic growth and increasing the state's energy independence. To accomplish the objectives of this article, the State shall adopt policies and procedures that: (1) optimize the energy performance of buildings throughout this State; (2) increase the demand for environmentally preferable building materials, finishes, and furnishings; (3) improve environmental quality in this State by decreasing the discharge of pollutants from state buildings and their manufacture; (4) create public awareness of new technologies that can improve the health and productivity of building occupants by meeting advanced criteria for indoor air quality; (5) improve working conditions and reduce building-related health problems; (6) reduce the state's dependence on imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources; (7) protect and restore this state's natural resources by avoiding development of inappropriate building sites; (8) reduce the burden on municipal water supply and treatment by reducing potable water consumption; (9) reduce waste generation and manage waste through recycling and diversion from landfill disposal; (10) establish life cycle cost analysis as the appropriate and most efficient analysis to determine a building project's optimal performance level; (11) ensure each building project's systems are designed, installed, and tested to perform according to the building's design intent and its operational needs through third-party, post-construction review and verification; and (12) authorize the board to pursue ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence.
S.C. Code Ann. § 48-20-40 — SC Code / Title 48 / Chapter 20 / Section 48-20-40
SECTION 48-20-40. Definitions.
Status: in_force

As used in this chapter: (1) "Mining" means: (a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business; (b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. Removal of overburden and the mining of limited amounts of ores or mineral solids are not considered mining when done only for the purpose of determining location, quantity, or quality of a natural deposit if no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a business and if the affected land does not exceed two acres in area. Mining does not include plants engaged in processing minerals except as the plants are an integral on-site part of the removal of ores or mineral solids from natural deposits. Mining does not include excavation or grading when conducted solely in aid of on-site farming or of on-site construction. Mining does not include dredging operations where the operations are engaged in the harvesting of oysters, clams, or the removal of shells from coastal bottoms. (2) "Council" means the Mining Council created by Sections 48-21-10 and 48-21-20. (3) "Department" means the South Carolina Department of Health and Environmental Control. Whenever in this chapter the department is assigned duties, they may be performed by the director or by subordinates as he designates. (4) "Minerals" means soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance found in natural deposits on or in the earth. (5) "Affected land" means: (a) the area of land from which overburden or minerals have been removed or upon which overburden has been deposited, or both, including an area on which a plant is located which is an integral part of the process of the removal of ores or mineral solids from natural deposits; or (b) stockpiles and settling ponds located on or adjacent to lands from which overburden or minerals have been removed. (6) "Neighboring" means in close proximity, in the immediate vicinity, or in actual contact. (7) "Termination of mining" means cessation of mining operations or a segment of a mining operation with intent not to resume, or cessation of mining operations or a segment of a mining operation as a result of revocation of an operating permit. Whenever the department has reason to believe that a mining operation or a segment of a mining operation has terminated, it shall give the operator written notice of its intention to declare the operation or segment of the operation terminated, and he has an opportunity to appear within thirty days and present evidence that the operation or segment is continuing. Where the department finds that the evidence is satisfactory, it may not make such a declaration. (8) "Operator" means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. (9) "Overburden" means the earth, rock, and other materials that lie above the natural deposit of minerals. (10) "Refuse" means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources. (11) "Spoil bank" means a deposit of excavated overburden or refuse. (12) "Peak" means overburden removed from its natural position and deposited elsewhere in the shape of conical piles or projecting points. (13) "Ridge" means overburden removed from its natural position and deposited elsewhere in the shape of a long, narrow elevation. (14) "Reclamation" means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. Although both the need for and the practicability of reclamation control the type and degree of reclamation in a specific instance, the basic objective is to establish on a continuing basis the vegetative cover, soil stability, water conditions, and safety conditions appropriate to the area. Closure activities are a part of reclamation. (15) "Reclamation plan" means the operator's written proposal as required and approved by the department for reclamation of the affected land, which includes but is not limited to: (a) proposed practices to protect adjacent surface resources; (b) specifications for surface gradient restoration, including sketches delineating slope angle, to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment; (c) manner and type of revegetation or other surface treatment of the affected areas; (d) method of prevention or elimination of conditions that are hazardous to animal or fish life in or adjacent to the area; (e) method of compliance with state air and water pollution laws; (f) proposed methods to limit significant adverse effects on adjacent surface water and groundwater resources; (g) proposed methods to limit significant adverse effects on significant cultural or historic sites; (h) method of rehabilitation of settling ponds; (i) method of control of contaminants and disposal of mining refuse; (j) method of restoration or establishment of stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution; (k) maps and other supporting documents reasonably required by the department; and (l) a time schedule, including the anticipated years for completion of reclamation by segments, that meets the requirements of Section 48-20-90. (16) "Borrow pit" means an area from which soil or other unconsolidated materials are removed to be used, without further processing, for highway construction and maintenance. (17) "Land" includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands. (18) "Permitted land" means the affected land in addition to (a) lands identified for future mining to become affected land; (b) an undisturbed or buffer area that is or may become adjacent to the affected land. (19) "Exploration" means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. Exploration includes, but is not limited to, drilling core and bore holes, trial open pits, open cuts, trenching, and tunneling for the purpose of extracting mineral samples. (20) "Explorer" means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. (21) "Operating permit" means a permit for mining activity that is issued to an operator by the department. (22) "Closure" means the act of rendering a mine facility or portion of a mine facility to an inoperative state that prevents the gradual or sudden release of contaminants that are harmful to the environment.
S.C. Code Ann. § 48-40-70 — SC Code / Title 48 / Chapter 40 / Section 48-40-70
SECTION 48-40-70. Annual analysis of accumulated data from monitoring and evaluation of erosion rates; funding.
Status: in_force

(A) The accumulated data from annual monitoring and evaluation of erosion rates and hazard areas for all beach areas as required of the office in Sections 48-39-280, 48-39-320, and 48-39-330 must be analyzed and used in the determination of priorities of need for storm damage reduction, property protection, recreational beach restoration, and public notification of erosion and hazardous conditions. (B) The annual analysis must be funded by the trust fund, in an annual amount not to exceed two hundred fifty thousand dollars to provide for comprehensive beach profile monitoring of all beach areas to establish annual erosion rates and to identify sand loss or accretion. (C) In seriously eroding areas or after storms, surveys must be conducted twice annually, or more frequently as needed. (D) The monitoring data produced pursuant to this section must be made available to the public. (E) The office and local governments must use the annual analysis to document beach restoration needs and for restoration project design.
S.C. Code Ann. § 48-52-680 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-680
SECTION 48-52-680. Identification of "energy efficient" goods; energy conservation standards; building specifications.
Status: in_force

(A) The State Energy Office shall assist the Materials Management Office as established in Section 11-35-810 and all governmental bodies defined in and subject to the Consolidated Procurement Code, by identifying goods which are "energy efficient" or for which the State can achieve long-term savings through consideration of life cycle costs. The State Energy Office must compile a list of these goods. Before issuing any solicitation for these goods, the procuring agency shall notify the State Energy Office which shall assist in drafting or reviewing specifications for the goods being procured and which shall approve the specifications before issuing the solicitation. Upon request of a governmental body the State Energy Office shall provide assistance in evaluating bids or offers received in response to the solicitation to ensure that procurements are made in accordance with the purposes and policies of this article. (B) The State Energy Office shall assist the Office of the State Engineer and all governmental bodies defined in and subject to the Consolidated Procurement Code by drafting energy conservation standards to be applied in the design and construction of buildings that are owned or lease/purchased by these governmental bodies. Before any construction contracts are bid under Section 11-35-3020, the State Engineer's Office or the governmental body soliciting the bids shall review the plans and specifications to ensure that they are in compliance with the standards drafted by the State Energy Office. The State Energy Office shall provide assistance in reviewing these plans and specifications upon the request of the State Engineer's Office or the affected governmental body. (C) The State Energy Office shall provide the Office of Property Management, Division of General Services of the Department of Administration, information to be used in evaluating energy costs for buildings or portions of buildings proposed to be leased by governmental bodies that are defined in and subject to the Consolidated Procurement Code. The information provided must be considered with the other criteria provided by law by a governmental body before entering into a real property lease. Effect of Amendment 2014 Act No. 121, SECTION 15, in subsection (C), substituted "Management, Division of General Services of the Department of Administration" for "Management of the Budget and Control Board, Division of General Services".
S.C. Code Ann. § 48-15-20 — SC Code / Title 48 / Chapter 15 / Section 48-15-20
SECTION 48-15-20. Membership of authority; appointment, terms, and organization.
Status: in_force

The authority shall be composed of fifteen members who shall be appointed by the Governor. The original members shall be the present commissioners of the Low Country resources, conservation and development project. There shall be two members from each county, except Charleston, which shall have four members; and one member-at-large. The terms of office shall be for four years, except of those initially appointed, one member from each county, except Charleston, and two from Charleston County shall be appointed for two-year terms, and the member-at-large shall be appointed for a two-year term. The organizational meeting shall be called by the present chairman of the Low Country resources, conservation and development project as soon as all members have been appointed and qualified. Upon the expiration of any member's term, or should a vacancy occur, the remaining members, after consultation with the resident members of the county legislative delegation entitled to representation, shall make recommendations for appointment to the Governor. In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996. Editor's Note By Resolution 96-07, dated July 15, 1996, the Dorchester County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 512 of 1996 which were formerly made by the Dorchester County Legislative Delegation pursuant to the authority of this section.
S.C. Code Ann. § 48-14-40 — SC Code / Title 48 / Chapter 14 / Section 48-14-40
SECTION 48-14-40. Certain land-disturbing activities exempt from provisions of chapter.
Status: in_force

The provisions of this chapter do not apply to the following land disturbing activities: (A) Land disturbing activities on agricultural land for production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees and dairy products; fur animals and aquaculture, except that the construction of an agricultural structure of one or more acres, such as broiler houses, machine sheds, repair shops, and other major buildings and which require the issuance of a building permit shall require the submittal and approval of a stormwater management and sediment control plan prior to the start of the land disturbing activity. (B) Land disturbing activities undertaken on forest land for the production and harvesting of timber and timber products. (C) Activities undertaken by persons who are otherwise regulated by the provisions of Chapter 20 of this title, the South Carolina Mining Act. (D) Construction or improvement of single family residences or their accessory buildings which are separately built and not part of multiple construction in a subdivision development. (E) Land disturbing activities, other than activities identified in subsection (F) of this section, that are conducted under another state or federal environmental permitting, licensing, or certification program where the state or federal environmental permit, license, or certification is conditioned on compliance with the minimum standards and criteria developed under this chapter. (F) Any of the following land disturbing activities undertaken by any person who provides gas, electrification, or communications services, subject to the jurisdiction of the South Carolina Public Service Commission, or corporations organized and operating pursuant to Section 33-49-10 et seq.: (1) land disturbing activities conducted pursuant to a certificate of environmental compatibility and public convenience and necessity issued pursuant to Title 58, Chapter 33 or land disturbing activities conducted pursuant to any other certification or authorization issued by the Public Service Commission; (2) land disturbing activities conducted pursuant to a federal environmental permit, including Section 404 of the Federal Clean Water Act, and including permits issued by the Federal Energy Regulatory Commission; (3) land disturbing activities associated with emergency maintenance or construction of electric, gas, or communications facilities, when necessary to restore service or when the Governor declares the area to have sustained a disaster and the actions are undertaken to protect the public from a threat to health or safety; (4) land disturbing activities associated with routine maintenance and/or repair of electric, gas, or communications lines; (5) land disturbing activities associated with the placement of poles for overhead distribution or transmission of electric energy or of communications services; (6) land disturbing activities associated with placement of underground lines for distribution or transmission of electric energy or of gas or communications services; or (7) land disturbing activities conducted by a person filing environmental reports, assessments, or impact statements with the United States Department of Agriculture, Rural Electrification Administration in regard to a project. Any person, other than a person identified in subparagraph (7), who undertakes land disturbing activities described in subparagraphs (4), (5), and (6) of this subsection must file with the South Carolina Public Service Commission, in a Policy and Procedures Manual, the procedures it will follow in conducting such activities. Any person, other than a person identified in subparagraph (7), who conducts land disturbing activities described in subparagraph (2) of this subsection, must address the procedures it will follow in conducting the activities in the Policy and Procedures Manual filed with the South Carolina Public Service Commission to the extent that the land disturbing activities are not specifically addressed in the federal permit or permitting process. If any person, other than a person identified in subparagraph (7), does not have a Policy and Procedures Manual on file with the Public Service Commission, such manual must be filed with the Public Service Commission not later than six months after May 27, 1992. Any person who undertakes land disturbing activities described in subparagraph (7) of this subsection shall give the same written notice to the department as given to agencies whose permits are required for project approval by the regulations of the United States Department of Agriculture, Rural Electrification Administration. (G) Activities relating to the routine maintenance and/or repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company. (H) Activities undertaken on state-owned or managed lands that are otherwise regulated by the provisions of Chapter 18 of this title, the Erosion and Sediment Reduction Act. (I) Activities undertaken by local governments or special purpose or public service districts relating to the repair and maintenance of existing facilities and structures.
S.C. Code Ann. § 48-52-670 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-670
SECTION 48-52-670. Guaranteed energy, water, or wastewater savings contracts.
Status: in_force

(A) A governmental unit may enter into a guaranteed energy, water, or wastewater savings contract for a duration of more than one year with vendors of guaranteed energy, water, or wastewater savings programs. The financing for the guaranteed energy, water, or wastewater savings contracts may be provided by the vendor of the guaranteed energy, water, or wastewater savings program or by a third-party financial institution or company. No funds disclaimer clause as provided for in Section 11-35-2030 is required in these contracts. Repayment may be made from savings on the agency utility budget. (B) A governmental unit may award a guaranteed energy, water, or wastewater savings contract pursuant to Section 11-35-1530 or in the case of a governmental unit not subject to the South Carolina Consolidated Procurement Code, pursuant to other applicable procurement law if it includes a written guarantee that savings will meet or exceed the cost of energy, water, or wastewater conservation measures. A governmental unit may request that the State Energy Office review the methodology used by the guaranteed energy, water, or wastewater savings vendor to project and measure savings and future billable revenues. The State Energy Office shall deliver the written approval or shall deliver a written notice that it has determined not to deliver the approval within thirty days of the receipt of a guaranteed energy, water, or wastewater performance contract. The State Energy Office is authorized to charge a reasonable hourly rate for its review of guaranteed energy, water, or wastewater savings programs or guaranteed energy, water, or wastewater savings contracts, and the payment of the charges may be included in the financing for the guaranteed energy, water, or wastewater savings contract. (C) For purposes of this section, "governmental unit" means a state government agency, department, institution, college, university, technical school, legislative body, or other establishment or official of the executive, judicial, or legislative branches of this State authorized by law to enter into contracts including all local political subdivisions including, but not limited to, counties, municipalities, public school districts, or public service or special purpose districts. (D) For purposes of this section, "guaranteed energy, water, or wastewater savings contract" means a contract for the evaluation and recommendation of energy, water, or wastewater conservation measures and for implementation of one or more of these measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, must be made over time and the energy, water, or wastewater cost savings or billable revenue increases resulting from implementation of the energy, water, or wastewater conservation measures may be used to make payments for the energy, water, or wastewater conservation systems installed pursuant to guaranteed energy, water, or wastewater savings contracts. Annual revenues or savings from the guaranteed contract may be less than annual payments, if during the length of the contract aggregate savings occur as provided for by the terms of the contract. (E) For purposes of this section "energy, water, or wastewater conservation measure" means a training program, facility alteration, or technology upgrade designed to produce measurable, long-term reductions in energy, water, wastewater, or other consumption, personnel costs, operational costs including, but not limited to: (1) insulation of the building structure or systems within the building; (2) storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption; (3) automated or computerized energy control systems; (4) heating, ventilating, or air conditioning system modifications or replacements; (5) replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made; (6) energy recovery systems; (7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings; (8) water and sewer conservation measures including, without limitation, plumbing fixtures and infrastructure; (9) equipment upgrades that improve accuracy of billable revenue generating systems; (10) automated, electronic, or remotely controlled systems or measures that reduce direct personnel costs; and (11) such other energy, water, or wastewater measures as may provide measurable, long-term operating costs reductions or billable revenue increases. Code Commissioner's Note The reference to "Section 11-35-1530" in subsection (B) of this section originally read "Section 11-35-130." At the direction of the Code Commissioner, the reference was changed to "Section 11-35-1530" to correct an error in the original Act. Editor's Note Under the provisions of Chapter 34, Title 1, an agency is required to adopt the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing by giving notice in the State Register.
S.C. Code Ann. § 48-1-220 — SC Code / Title 48 / Chapter 1 / Section 48-1-220
SECTION 48-1-220. Institution of prosecutions.
Status: in_force

Prosecutions for the violation of a final determination or order shall be instituted only by the Department or as otherwise provided for in this chapter.
S.C. Code Ann. § 48-1-30 — SC Code / Title 48 / Chapter 1 / Section 48-1-30
SECTION 48-1-30. Promulgation of regulations; approval of alternatives.
Status: in_force

The Department shall promulgate regulations to implement this chapter to govern the procedure of the Department with respect to meetings, hearings, filing of reports, the issuance of permits and all other matters relating to procedure. The regulations for preventing contamination of the air may not specify any particular method to be used to reduce undesirable levels, nor the type, design, or method of installation or type of construction of any manufacturing processes or other kinds of equipment. Except where the Department determines that it is not feasible to prescribe or enforce an emission standard or standard of performance, it may, by regulation, specify equipment, operational practice, or emission control method, or combination thereof. The Department may grant approval for alternate equipment, operational practice, or emission control method, or combination thereof, where the owner or operator of a source can demonstrate to the Department that such alternative is substantially equivalent to that specified.
S.C. Code Ann. § 48-39-330 — SC Code / Title 48 / Chapter 39 / Section 48-39-330
SECTION 48-39-330. Disclosure statement.
Status: in_force

Thirty days after the initial adoption by the department of setback lines, a contract of sale or transfer of real property located in whole or in part seaward of the setback line or the jurisdictional line must contain a disclosure statement that the property is or may be affected by the setback line, baseline, and the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N.A.D.-1983) and include the local erosion rate most recently made available by the department for that particular standard zone or inlet zone as applicable. Language reasonably calculated to call attention to the existence of baselines, setback lines, jurisdiction lines, and the seaward corners of all habitable structures and the erosion rate complies with this section. The provisions of this section are regulatory in nature and do not affect the legality of an instrument violating the provisions.
S.C. Code Ann. § 48-1-300 — SC Code / Title 48 / Chapter 1 / Section 48-1-300
SECTION 48-1-300. Certain violations excused.
Status: in_force

The civil and criminal liabilities herein imposed upon persons violating the provisions hereof shall not be construed to include any violation which was caused by an act of God, war, strike, riot or other catastrophe as to which negligence on the part of such person was not the proximate cause.
S.C. Code Ann. § 48-3-120 — SC Code / Title 48 / Chapter 3 / Section 48-3-120
SECTION 48-3-120. Exemptions from taxation generally.
Status: in_force

The bonds authorized by this chapter and the income therefrom, all trust indentures and mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof, and the revenues derived from any loan agreement thereof shall be exempt from all taxation in the State of South Carolina except for inheritance, estate or transfer taxes; and all trust indentures, mortgages and loan agreements made pursuant to the provisions of this chapter shall be exempt from South Carolina stamp and transfer taxes.
S.C. Code Ann. § 48-35-30 — SC Code / Title 48 / Chapter 35 / Section 48-35-30
SECTION 48-35-30. Chapter inapplicable to fires within municipalities.
Status: in_force

The provisions of this chapter shall not apply to fires which may be started within the corporate limits of any town or city.
S.C. Code Ann. § 48-5-20 — SC Code / Title 48 / Chapter 5 / Section 48-5-20
SECTION 48-5-20. Definitions.
Status: in_force

As used in this chapter, unless a different meaning clearly appears from the context: (1) "Agency" means the United States Environmental Protection Agency. (2) "Authority" means the South Carolina Water Quality Revolving Fund Authority. (3) "Bonds" means bonds, notes, debentures, interim certificates, commercial paper, bond, grant, or revenue anticipation notes, or any other evidence of indebtedness of the authority. (4) "Clean Water Act" means the Federal Water Pollution Control Act, Chapter 26, Title 33, United States Code, as modified or amended, and any successor, substitute, or replacement provisions of law, and the rules and regulations promulgated under it. (5) "Clean water fund" means the water pollution control revolving loan fund originally established pursuant to Section 48-6-20 and comprising monies derived from capitalization grants pursuant to the Clean Water Act and associated state match money, as well as repayments of all principal and interest on loans made from the clean water fund, investment earnings, and any other money committed to the clean water fund. (6) "Department" means the South Carolina Department of Health and Environmental Control. (7) "Drinking water fund" means the drinking water revolving loan fund established pursuant to Section 48-5-55, and comprising monies derived from capitalization grants pursuant to the Safe Drinking Water Act and associated state match money, as well as repayments of all principal and interest on loans made from the drinking water fund, investment earnings, and any other money committed to the drinking water fund. (8) "Loan" means a loan from the authority to a project sponsor for the purpose of financing all or a portion of the cost of a project. (9) "Loan agreement" means a written agreement between the authority and a project sponsor with respect to a loan. (10) "Loan obligation" means a bond, note, or other evidence of obligation issued by a project sponsor to evidence its indebtedness under a loan agreement with respect to a loan. (11) "Project" means: (a) publicly-owned treatment works, or the capacity or rights to the capacity of a publicly-owned treatment work, including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units; and any works, including site acquisition of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems before land application), or is used for ultimate disposal of residues resulting from the treatment and any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including stormwater runoff and waste in combined stormwater and sanitary sewer systems; (b) management programs authorized under the Clean Water Act; (c) development and implementation of a conservation and management plan authorized under the Clean Water Act; (d) construction or improvements to drinking water supply, storage, treatment, and distribution facilities and associated costs authorized by the Safe Drinking Water Act; and (e) other projects as the authority and the department determine are permissible uses of the clean water fund and the drinking water fund under the terms of the Clean Water Act and Safe Drinking Water Act, respectively, to the extent then applicable. (12) "Project sponsor" means a county, municipality, special purpose or special service district, commissioners of public works, or any other public body or agency of the State which may own or operate a project; this term includes any combination of two or more of these entities acting jointly to construct, own, or operate a project. With respect to the drinking water fund, project sponsor also means a nonprofit corporation established under Title 33, Chapter 35. (13) "Safe Drinking Water Act" means Title XIV of the Public Health Service Act, Title 42, United States Code, as modified or amended, and any successor, substitute, or replacement provisions of law, and the rules and regulations promulgated under it.
S.C. Code Ann. § 48-28-10 — SC Code / Title 48 / Chapter 28 / Section 48-28-10
SECTION 48-28-10. Short title.
Status: in_force

This chapter shall be known as the "Forest Renewal Law".
S.C. Code Ann. § 48-9-1220 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1220
SECTION 48-9-1220. Nomination and election of commissioners.
Status: in_force

Effective November, 1982, and in November of the appropriate years thereafter, three commissioners from each district must be elected. The election must be nonpartisan and must be conducted by the county election commission at the same time as other county officers are elected in the general election. To be placed on the ballot for county offices, each candidate shall submit to the county election commission a nominating petition with the signatures of one hundred qualified registered electors or one percent of the qualified registered electors of the district, whichever is lesser. The nominees in the petition must be placed on the appropriate official ballot for the election if the petition is submitted to the county election commission not later than twelve noon on July fifteenth or, if July fifteenth falls on Sunday, no later than twelve noon on the following Monday. The form of the petition must comply with the requirements in Section 7-11-80 pertaining to the conduct of general elections not conflicting with this section. Candidates must be qualified registered electors and residents of the district in which elected. The three candidates who receive the largest number of votes cast in the election are elected and shall assume office the following February first. This election must be conducted pursuant to Title 7, mutatis mutandis, except as otherwise provided for in this section. Effective with the 1990 election, the two candidates who receive the highest number of votes shall serve for terms of four years each and the other candidate who receives the next highest number of votes shall serve for a term of two years. Thereafter, their successors must be elected in a nonpartisan election to be held at the same time as the general election for terms of four years each. Effect of Amendment 2019 Act No. 74, SECTION 6, deleted the third undesignated paragraph, which provided that the official number of qualified registered electors of the geographical area of any office was the number of registered electors of the area registered one hundred twenty days before the date of the election for which the nomination petition was being submitted; in the third undesignated paragraph, in the first sentence, substituted "July fifteenth or, if July fifteenth falls on Sunday, no later" for "August first or, if August first falls on Sunday, not later"; and in the fifth undesignated paragraph, made a nonsubstantive change.
S.C. Code Ann. § 48-62-310 — SC Code / Title 48 / Chapter 62 / Article 3 / Section 48-62-310
SECTION 48-62-310. Definitions.
Status: in_force

As used in this article: (1) "Authority" means the South Carolina Disaster Recovery Office within the South Carolina Office of Resilience. (2) "Conservation easement" means an interest in real property as defined in Chapter 8, Title 27, the South Carolina Conservation Easement Act of 1991. (3) "Eligible fund recipient" means: (a) the State of South Carolina and any agency, commission, or instrumentality of the State; (b) local governments of the State and any agency, commission, or instrumentality of the local government; and (c) land trusts operating within the State accredited by the Land Trust Accreditation Commission, an independent program of the Land Trust Alliance that provides independent verification that land trusts meet the high standards of land conservation, stewardship, and nonprofit management in the nationally recognized Land Trust Standards and Practices. (4) "Floodplain restoration" means any activity undertaken to reestablish the hydrology and ecology of the floodplain to its natural state. (5) "Fund" means the South Carolina Resilience Revolving Fund. (6) "Loan" means a loan from the authority to an eligible fund recipient for the purpose of financing all or a portion of the cost of a project. (7) "Loan agreement" means a written agreement between the authority and a project sponsor with respect to a loan. (8) "Loan obligation" means a bond, note, or other evidence of obligation issued by a project sponsor to evidence its indebtedness under a loan agreement with respect to a loan. (9) "Local government" means any county, city, town, municipal corporation, authority, district, commission, or political subdivision created by the General Assembly or established pursuant to the laws of this State. (10) "Multifamily residence" means a building with multiple separate residential housing units. (11) "Office" means the South Carolina Office of Resilience. (12) "Primary single-family residence" means a single detached dwelling that is occupied as the main home by the owners for the majority of the year. (13) "Proposed project" means a plan submitted to the authority by an eligible fund recipient for the use of loan funds. (14) "Repetitive loss" means a residence that sustained two or more incidents of weather-related flooding causing damages over one thousand dollars each within a period of ten consecutive years. (15) "Restrictive covenant" means a recorded covenant that imposes activity and use limitations on real property.
S.C. Code Ann. § 48-4-40 — SC Code / Title 48 / Chapter 4 / Section 48-4-40
SECTION 48-4-40. Expenses of board members reimbursed.
Status: in_force

The board members shall receive reimbursement for their expenses incurred while engaged in the work of the board as provided by law for state boards and commissions.
S.C. Code Ann. § 48-11-150 — SC Code / Title 48 / Chapter 11 / Section 48-11-150
SECTION 48-11-150. Collection of taxes.
Status: in_force

The county treasurer shall collect the taxes due the watershed conservation district at the same time and in the same manner as other taxes of the county are collected. The taxes are subject to the same provisions of law for due and delinquency dates, discounts, penalties, and interest and tax liens applicable to county taxes.
S.C. Code Ann. § 48-53-20 — SC Code / Title 48 / Chapter 53 / Section 48-53-20
SECTION 48-53-20. Litter to be covered to prevent it from escaping from vehicle during transportation.
Status: in_force

No vehicle which transports litter may be driven or moved on any highway unless the litter is secured by means of a covering which is fastened securely so as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle.
S.C. Code Ann. § 48-56-140 — SC Code / Title 48 / Chapter 56 / Section 48-56-140
SECTION 48-56-140. Review of proposed corrective actions and compliance schedule; revocation or amendment of cooperative agreements; factors for approval of compliance schedule.
Status: in_force

(A) The department shall review the report, the actions, or proposed actions to correct the violations and the proposed compliance schedule. The department may: (1) approve the actions and the compliance schedule as submitted; (2) propose different actions or compliance schedule; or (3) disapprove the proposed actions or compliance schedule. (B) If the department and the participant do not reach an agreement on the actions to correct the violations or on a compliance schedule or the department disapproves the use of a compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action. (C) If the parties reach agreement, the department may amend the cooperative agreement to incorporate the actions to correct the violations and the compliance schedule. (D) The department may consider these factors in determining whether to approve a compliance schedule: (1) environmental and public health consequences of the violations; (2) time needed to implement a change in raw materials or method of production if that change is an available alternative to other approaches for correcting the violations; and (3) time needed to purchase any equipment or supplies that are needed to correct the violations.
S.C. Code Ann. § 48-46-50 — SC Code / Title 48 / Chapter 46 / Section 48-46-50
SECTION 48-46-50. Appointment of commissioners, alternate commissioners, and technical representatives from certain state agencies to Atlantic Compact Commission; restrictions on voting authority of commissioners.
Status: in_force

(A) The Governor shall appoint two commissioners to the Atlantic Compact Commission and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the office, the PSC, and other state agencies may participate in relevant portions of meetings of the compact commission upon the request of a commissioner, alternate commissioner, or staff of the compact commission, or as called for in the compact commission bylaws. (B) South Carolina commissioners or alternate commissioners to the compact commission may not vote affirmatively on any motion to admit new member states to the compact unless that state volunteers to host a regional disposal facility. (C) Compact commissioners or alternate commissioners to the Atlantic Compact Commission may not vote to approve a regional management plan or any other plan or policy that allows for acceptance at the Barnwell regional disposal facility of more than a total of 800,000 cubic feet of waste from Connecticut and New Jersey. (D) South Carolina's commissioners or alternate commissioners to the compact commission shall cast any applicable votes on the compact commission in a manner that authorizes the importation of waste into the region for purposes of disposal at a regional disposal facility in South Carolina so long as importation would not result in the facility accepting more than the following total volumes of all waste: (1) 160,000 cubic feet in fiscal year 2001; (2) 80,000 cubic feet in fiscal year 2002; (3) 70,000 cubic feet in fiscal year 2003; (4) 60,000 cubic feet in fiscal year 2004; (5) 50,000 cubic feet in fiscal year 2005; (6) 45,000 cubic feet in fiscal year 2006; (7) 40,000 cubic feet in fiscal year 2007; (8) 35,000 cubic feet in fiscal year 2008. South Carolina's commissioners or alternate commissioners shall not vote to approve the importation of waste into the region for purposes of disposal in any fiscal year after 2008. Effect of Amendment 2014 Act No. 121, SECTION 7.GG, in subsection (A), substituted "the office" for "the board".
S.C. Code Ann. § 48-5-30 — SC Code / Title 48 / Chapter 5 / Section 48-5-30
SECTION 48-5-30. South Carolina Water Quality Revolving Fund Authority created; membership of authority.
Status: in_force

There is created the South Carolina Water Quality Revolving Fund Authority. The authority is a public instrumentality of this State and the exercise by it of a power conferred in this chapter is the performance of an essential public function. The members of the State Fiscal Accountability Authority comprise the authority. Effect of Amendment 2014 Act No. 121, SECTION 20.P, substituted "Fiscal Accountability Authority" for "Budget and Control Board".
S.C. Code Ann. § 48-49-40 — SC Code / Title 48 / Chapter 49 / Section 48-49-40
SECTION 48-49-40. Authorization by county or municipality for construction of tall buildings or furnishing of utility services.
Status: in_force

(a) No county or municipality may authorize the construction of, and no person may construct, a tall building or structure on any protected mountain ridge. (b) No county or municipality may authorize the providing of the following utility services to any building or structure constructed in violation of subsection (a) of this section: electricity, telephone, gas, water, sewer, or septic system.
S.C. Code Ann. § 48-23-240 — SC Code / Title 48 / Chapter 23 / Section 48-23-240
SECTION 48-23-240. Liability of State for obligations for acquisition of land.
Status: in_force

Obligations for the acquisition of land incurred by the Commission under the authority of SECTION 48-23-130 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the State.
S.C. Code Ann. § 48-11-30 — SC Code / Title 48 / Chapter 11 / Section 48-11-30
SECTION 48-11-30. Area of district.
Status: in_force

The area embraced in a watershed conservation district must be contiguous, must lie within a well-defined watershed, and must be situated within one or more soil and water conservation districts. The area may not include lands located within the boundary of an incorporated municipality, unless approved by its governing body, or another watershed conservation district. The boundary of each watershed conservation district in existence on the effective date of this chapter, as amended, is not affected unless otherwise provided in this chapter.
S.C. Code Ann. § 48-23-110 — SC Code / Title 48 / Chapter 23 / Section 48-23-110
SECTION 48-23-110. Conveyance of State-owned wasteland to commission.
Status: in_force

The State Fiscal Accountability Authority shall convey to the State Commission of Forestry certain wastelands now owned by such authority or hereafter owned by the State, as in the judgment of the authority may be to the interest of the State for forestry development, reforestation or other uses of the State Commission of Forestry. Upon the sale of trees, timber or other articles or things upon such lands conveyed to the Commission by the Board or upon the sale of such lands so conveyed, the Commission shall pay to the Board a sum equal to the amount chargeable against such lands at the time of such conveyance. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 48-52-650 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-650
SECTION 48-52-650. Revolving loan fund for energy conservation measures.
Status: in_force

The State Energy Office shall establish a mechanism for a revolving loan fund for state agencies and political subdivisions of the State to use for energy conservation measures. Repayment may be from the savings in the entity's utility budget.
S.C. Code Ann. § 48-45-100 — SC Code / Title 48 / Chapter 45 / Section 48-45-100
SECTION 48-45-100. Effect of consortium on member institutions and commissions.
Status: in_force

Membership in the consortium shall be in no way infringe upon the autonomy of any member institution or commission. The consortium shall have no authority or control in the budgeting or financial affairs of member institutions or commissions.
S.C. Code Ann. § 48-9-610 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-610
SECTION 48-9-610. Appointment of two commissioners of new district.
Status: in_force

If the department shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible it shall appoint two commissioners to act with the three commissioners elected as provided in Article 11 of this chapter as the governing body of the district.
S.C. Code Ann. § 48-1-10 — SC Code / Title 48 / Chapter 1 / Section 48-1-10
SECTION 48-1-10. Short title; definitions.
Status: in_force

This chapter may be cited as the "Pollution Control Act" and, when used herein, unless the context otherwise requires: (1) "Person" means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever; (2) "Waters" means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction; (3) "Marine district" means the waters of the Atlantic Ocean within three nautical miles from the coast line and all other tidal waters within the State; (4) "Sewage" means the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present and the admixture with sewage of industrial wastes or other wastes shall also be considered "sewage"; (5) "Industrial waste" means any liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development of any natural resources; (6) "Other wastes" means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, clay, lime, cinders, ashes, offal, oil, gasoline, other petroleum products or by-products, tar, dye stuffs, acids, chemicals, dead animals, heated substances and all other products, by-products or substances not sewage or industrial waste; (7) "Pollution" means (1) the presence in the environment of any substance, including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination thereof in such quantity and of such characteristics and duration as may cause, or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure or degraded, or which is, or tends to be injurious to human health or welfare; or which damages property, plant, animal or marine life or use of property; or (2) the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water; (8) "Standard" or "standards" means such measure of purity or quality for any waters in relation to their reasonable and necessary use as may after hearing be established; (9) "Department" means the Department of Health and Environmental Control; (10) "Sewage system" or "sewerage system" means pipelines and conductors, pumping stations, force mains and all other construction, devices and appliances appurtenant thereto used for conducting sewage, industrial waste or other wastes to a point of ultimate discharge; (11) "Treatment works" means any plant, disposal field, lagoon, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills or other works not specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage, industrial waste or other wastes; (12) "Disposal system" means a system for disposing of sewage, industrial waste or other wastes, including sewerage systems and treatment works; (13) "Outlet" means the terminus of a sewer system or the point of emergence of any water-borne sewage, industrial waste or other wastes, or the effluent therefrom, into the waters of the State; (14) "Shellfish" means oysters, scallops, clams, mussels and other aquatic mollusks and lobsters, shrimp, crawfish, crabs and other aquatic crustaceans; (15) "Ambient air" means that portion of the atmosphere outside of buildings and other enclosures, stacks, or ducts which surrounds human, plant, or animal life, water or property; (16) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combination thereof produced by processes other than natural; (17) "Source" means any and all points of origin of air contaminants whether privately or publicly owned or operated; (18) "Undesirable level" means the presence in the outdoor atmosphere of one or more air contaminants or any combination thereof in sufficient quantity and of such characteristics and duration as to be injurious to human health or welfare, or to damage plant, animal or marine life, to property or which unreasonably interfere with enjoyment of life or use of property; (19) "Emission" means a release into the outdoor atmosphere of air contaminants; (20) "Environment" means the waters, ambient air, soil and/or land; (21) "Effluent" means the discharge from a waste disposal system; (22) "Effluent limitations" means restrictions or prohibitions of chemical, physical, biological, and other constituents which are discharged from point sources into State waters, including schedules of compliance; (23) "Point source" means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel, or other floating craft, from which pollutants are or may be discharged. Editor's Note 2012 Act No. 198, SECTIONS 4 and 5, provide as follows: "SECTION 4. (A) There is created the 'Isolated Wetlands and Carolina Bays Task Force' to review, study, and make recommendations concerning issues related to isolated wetlands and Carolina Bays in South Carolina. The task force shall be comprised of the following members: "(1) the Chairman of the Senate Agriculture and Natural Resources Committee, ex officio, or his designee, who shall serve as chairman; "(2) the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee, ex officio, or his designee, who shall serve as vice chairman; "(3) one member representing the South Carolina Chamber of Commerce; "(4) one member representing the Coastal Conservation League; "(5) one member representing the Conservation Voters of South Carolina; "(6) one member representing the South Carolina Association of Realtors; "(7) one member representing the South Carolina Association of Homebuilders, upon consultation with the South Carolina Association of General Contractors; "(8) one member representing the South Carolina Farm Bureau; "(9) one member representing the South Carolina Manufacturer's Alliance; "(10) one member representing the South Carolina Chapter of the Sierra Club; "(11) one member representing the South Carolina Wildlife Federation; "(12) one member representing the Environmental Law Project; and "(13) one member representing the utilities industry. "(B) The task force shall meet as soon as practicable after the effective date of this act for organizational purposes. "(C) The members of the task force shall serve without compensation and may not receive mileage or per diem. "(D) Vacancies on the task force shall be filled in the same manner as the original appointment. "(E) The task force shall compile a comprehensive inventory of existing data and information regarding Carolina Bays and isolated wetlands in South Carolina. The inventory, as far as possible, must identify the number, distribution, size, description, and characteristics of the Carolina Bays and isolated wetlands throughout the State. The task force also must compile a glossary of standard terms and definitions used when describing Carolina Bays and isolated wetlands, their various types, and characteristics. "(F) During its review and study of Carolina Bays and isolated wetlands, and in its findings and recommendations, the task force shall consider at least: "(1) the biological, hydrological, ecological, and economic values and services of Carolina Bays and isolated wetlands; "(2) prior disturbances of Carolina Bays and isolated wetlands and the cumulative impacts of disturbances to isolated wetlands and their functions; "(3) methods to avoid adverse impact on Carolina Bays and isolated wetlands; "(4) methods to minimize adverse impact on Carolina Bays and isolated wetland functions that can be avoided; "(5) manners of compensation for any loss of Carolina Bays and isolated wetland functions that cannot be avoided or minimized; "(6) methods to provide public notice of wetlands permitting applications; "(7) the utility of using a general permitting program for Carolina Bays and isolated wetlands disturbance, where practical; "(8) the proper balance between the economic development value of a proposed permitted activity and the impact on Carolina Bays and isolated wetlands; "(9) achieving a goal of 'no net loss' wetlands; "(10) concerning proposals to impact Carolina Bays and isolated wetlands, including those appearing to be geographically isolated, the aggregate benefits and services of similarly situated wetlands in the watershed should be considered; "(11) concerning mitigation for Carolina Bays and isolated wetland impacts, whether a watershed based approach should be followed in order to replace wetland functions and services where they are most needed in the impacted watershed; and "(12) whether, and the extent to which, the standards used by the Department of Health and Environmental Control in evaluating discharges to federal wetlands can and should be used for non-federal wetlands. "(G) The task force shall make a report of its findings and recommendations related to Carolina Bays to the General Assembly on or before January 1, 2013. The task force shall make a report of its findings and recommendations related to isolated wetlands on or before July 1, 2013, at which time the study committee terminates. "(H) The staffing for the task force must be provided by the appropriate committees or offices of the Senate and House of Representatives. The task force may utilize staff of other government agencies with relevant issue area expertise upon request. "SECTION 5. The term 'permit' as used in the Pollution Control Act is inclusive and intended to mean all permits, certifications, determinations, or other approvals required by law issued by the department, consistent with the definition of 'license' as found in Chapter 23, Title 1 of the Administrative Procedures Act."
S.C. Code Ann. § 48-59-120 — SC Code / Title 48 / Chapter 59 / Section 48-59-120
SECTION 48-59-120. Repeal or amendment requirements applicable to SECTION 48-59-90.
Status: repealed

Neither this section nor Section 48-59-90 may be repealed, amended, or otherwise modified except by an affirmative two-thirds vote of the total membership of both the House of Representatives and the Senate.
S.C. Code Ann. § 48-60-90 — SC Code / Title 48 / Chapter 60 / Section 48-60-90
SECTION 48-60-90. Consumers placing or discarding covered devices in waste stream that is to be disposed of in a solid waste landfill; duty of owner of solid waste landfill.
Status: repealed

(A) After July 1, 2011, a consumer must not knowingly place or discard a covered device or subassemblies of a covered device in a waste stream that is to be disposed of in a solid waste landfill. (B) An owner or operator of a solid waste landfill must not, at the gate, knowingly accept, for disposal, loads containing more than an incidental amount of covered devices. (C) The owner or operator of a solid waste landfill must post, in a conspicuous location at the landfill, a sign stating that covered devices or any components of covered devices are not accepted for disposal at the landfill. (D) The owner or operator of a solid waste landfill must notify, in writing, all haulers delivering solid waste to the landfill that covered devices or any components of covered devices are not accepted for disposal at the landfill. Editor's Note 2010 Act No. 178, SECTION 3, provides: "This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act." 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2014 Act No. 129, SECTION 7, in subsection (A), deleted "any of the components or" before "subassemblies", and substituted "a waste stream" for "any waste stream". 2022 Act No. 234, SECTION 1.A, reenacted the section with no apparent change.
S.C. Code Ann. § 48-9-300 — SC Code / Title 48 / Chapter 9 / Article 3 / Section 48-9-300
SECTION 48-9-300. Delegation of powers and duties; cooperation with other agencies.
Status: in_force

The department may delegate to one or more agents or employees such powers and duties as it may deem proper and it may furnish information as well as call upon any or all State or local agencies for cooperation in carrying out the provisions of this chapter.
S.C. Code Ann. § 48-62-380 — SC Code / Title 48 / Chapter 62 / Article 3 / Section 48-62-380
SECTION 48-62-380. Construction of article.
Status: in_force

The provisions of this article must be liberally construed to the end that its beneficial purposes may be effectuated. No proceeding, notice, or approval is required for loan obligations by a project sponsor or instruments or the security for the loan obligation, except as provided in this article. If the provisions of this article are inconsistent with the provisions of any other law, whether general, special, or local, then the provisions of this article are controlling.
S.C. Code Ann. § 48-11-10 — SC Code / Title 48 / Chapter 11 / Section 48-11-10
SECTION 48-11-10. Definitions.
Status: in_force

As used in this chapter, unless a different meaning clearly appears from the context: (1) "Watershed conservation district" means a governmental subdivision of this State and a public body corporate and politic organized and functioning in accordance with this chapter for the purposes and with the powers and duties provided in this chapter and subject to its restrictions. (2) "Director" means one of the members of the governing body of a watershed conservation district selected in accordance with this chapter. "Board of directors" means the governing body of a watershed conservation district. (3) "Soil and water conservation district" means a governmental subdivision of this State and a public body corporate and politic organized in accordance with Chapter 9 of Title 48 for the purposes, with the powers, and subject to the restrictions in the chapter. It applies to all districts organized under law including districts originally designated as "soil conservation districts". (4) "Commissioner" means one of the members of the governing body of each soil and water conservation district in which part of a watershed conservation district is situated. "Board of commissioners" means the governing body of the soil and water conservation district in which a watershed conservation district is situated or, if the watershed conservation district is situated in more than one soil and water conservation district, the joint governing bodies of the districts. (5) "Petition" means a petition filed under Section 48-11-40 for the creation of a watershed conservation district. (6) "Nominating petition" means a petition filed under Section 48-11-100(B) or (C) to nominate candidates for the office of director of a watershed conservation district. (7) "State" means South Carolina. (8) "Owner of land" includes a person, firm, or corporation holding legal or equitable title to lands or interest in lands lying within a watershed conservation district organized under this chapter. (9) "Qualified elector" includes a person qualified to vote in elections by the people under the Constitution of this State. (10) "Due notice" means notice published at least twice, with an interval of at least one week between the two publication dates, in a publication of general circulation within the appropriate area or, if no publication of general circulation is available, notice posted at a reasonable number of conspicuous places within the appropriate area. When possible, notice must be posted at public places where it is customary to post notices concerning county or municipal affairs generally. (11) "Watershed" means the drainage area contributing stormwater runoff to a single point. (12) "Department" means the Department of Natural Resources. (13) "Division" means Land, Water, and Conservation Division. (14) "Board" means the board of the Department of Natural Resources. Effect of Amendment 2019 Act No. 74, SECTION 8, in (13), substituted "Land, Water, and Conservation Division" for "Land Resources and Conservation Districts Division".
S.C. Code Ann. § 48-23-265 — SC Code / Title 48 / Chapter 23 / Section 48-23-265
SECTION 48-23-265. Payment to landowner for forest products purchased; penalties.
Status: in_force

(A)(1) A person who purchases forest products directly from a landowner possessing lands in this State, and who has received payment for the forest products from a sale to a third party, must make payment in full to the landowner within forty-five days of the receipt of payment. (2) If the landowner has not received payment within the required forty-five days, the landowner must send written notice, by certified mail or by personal delivery, to the purchaser's last known address stating the landowner's demand for payment. The purchaser violates the provisions of this section and is subject to a criminal penalty if he knowingly and wilfully fails to make payment in full to the landowner within ten days after receiving this notice. (3) This section does not apply to a written agreement signed between the landowner and the purchaser providing for a means of payment other than the one provided for in this section. (B) If the value of the forest products is less than five thousand dollars, a person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished: (1) if the value of the forest products is five hundred dollars or less: (a) for a first offense, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days; or (b) for a second or subsequent offense, by a fine of two hundred dollars or by imprisonment for not more than thirty days; (2) if the value of the forest products is more than five hundred dollars but less than five thousand dollars: (a) for a first offense, by a fine of not less than three hundred dollars nor more than five hundred dollars or by imprisonment for not more than thirty days; or (b) for a second or subsequent offense, by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days, or both. (C) If the value of the forest products is five thousand dollars or more, a person who violates subsection (A) is guilty of a felony and, upon conviction, must be punished: (1) for a first offense by a fine of not less than three hundred dollars nor more than one thousand dollars or by imprisonment for not more than two years, or both; or (2) for a second or subsequent offense by a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment for not less than thirty days nor more than ten years. (D) The court shall order restitution to the victim as a mandatory condition of the sentence imposed. (E) If the value of the forest products is five thousand dollars or more, in addition to the penalties provided in this section, all motor vehicles, conveyances, tractors, trailers, watercraft, vessels, tolls, and equipment of any kind used or positioned for use in acquiring, cutting, harvesting, manufacturing, producing, processing, delivering, importing, or exporting the forest products are subject to confiscation and forfeiture pursuant to Section 16-13-177. (F) As used in this section, "forest products" include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned. (G) As used in this section, "conviction" includes a guilty plea, plea of nolo contendere, or the forfeiture of bail.
S.C. Code Ann. § 48-60-58 — SC Code / Title 48 / Chapter 60 / Section 48-60-58
SECTION 48-60-58. Annual submission of a manufacturer electronic waste program plan; requirements.
Status: repealed

Section effective until December 31, 2029. (A) By November 1, 2022, for program year 2023, and by September first each year thereafter, each computer monitor and television manufacturer shall, individually or through a manufacturer clearinghouse, submit to the department a manufacturer electronic waste plan, which includes at a minimum, the following: (1) contact information for the individual who will serve as the point of contact for the manufacturer electronic waste program; (2) a list of each county that has elected to participate in the manufacturer electronic waste program during the program year; (3) for each county, the location of each program collection site and one-day collection event included in the manufacturer electronic waste program for the program year; (4) the recoverers that the program plans to use to transport and subsequently recycle covered television devices and covered computer monitor devices, with the updated list of recoverers to be provided to the department no later than December first preceding each program year; (5) an explanation of any deviation from the applicable convenience standard as described in Section 48-60-56 for the program year, along with copies of all written agreements or confirmed electronic correspondence made pursuant to Section 48-60-56(C)(1) or (2); and (6) if two or more manufacturers are participating in a manufacturer clearinghouse, certification that the methodology used for allocating responsibility for the transportation and recycling of covered television devices and covered computer monitor devices by manufacturers participating in the manufacturer clearinghouse for the program year will be in compliance with the allocation methodology established pursuant to Section 48-60-61. (B)(1) Within sixty days of receiving a manufacturer electronic waste program plan, the department shall review and approve or disapprove the plan. (2) If the department approves the plan, the manufacturer or manufacturer clearinghouse shall provide written notice of approval to the designated contact person for the program, and the program must be published on the department's website. (3) If the department disapproves the plan, the manufacturer or manufacturer clearinghouse shall provide written notice to the designated contact person for the program listing the reasons for the disapproval. Within thirty days after the date of disapproval, the manufacturer or manufacturer clearinghouse shall submit a revised recovery plan to address the insufficiencies in the department's disapproval. (C) Every manufacturer shall assume financial responsibility for carrying out its recovery program plan including, but not limited to, financial responsibility for providing the packaging materials necessary to prepare shipments of collected covered television devices and covered computer monitor devices in compliance with federal, state, and local requirements, as well as financial responsibility for bulk transportation and recycling of collected covered television devices and covered computer monitor devices. (D) A county or solid waste authority serving one or more counties, that receives recycling services from a manufacturer electronic waste plan to recycle covered television devices and covered computer monitor devices must not charge the manufacturer, the clearinghouse, or the representative operating the program for collection costs and shall offer the manufacturer, the clearinghouse, or its representative other covered devices collected by a participating local government at no cost. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
S.C. Code Ann. § 48-1-90 — SC Code / Title 48 / Chapter 1 / Section 48-1-90
SECTION 48-1-90. Causing or permitting pollution of environment prohibited; remedies.
Status: in_force

(A)(1) It is unlawful for a person, directly or indirectly, to throw, drain, run, allow to seep, or otherwise discharge into the environment of the State organic or inorganic matter, including sewage, industrial wastes, and other wastes, except in compliance with a permit issued by the department. (2) The permit requirements of subsection (A)(1), Section 48-1-100, and Section 48-1-110 do not apply to: (a) discharges in a quantity below applicable threshold permitting requirements established by the department; (b) discharges for which the department has no regulatory permitting program; (c) discharges exempted by the department from permitting requirements; or (d) normal farming, silviculture, aquaculture, ranching, and wildlife habitat management activities that are not prohibited by or otherwise subject to regulation. (3) Subsection (A)(2) must not be construed to: (a) impair or affect common law rights; (b) repeal prohibitions or requirements of other statutory law or common law; or (c) diminish the department's authority to abate public nuisances or hazards to public health or the environment, to abate pollution as defined in Section 48-1-10(7), or to respond to accidental discharges or spills. (4) A person must first petition the department in writing for a declaratory ruling as to the applicability of a specific, existing regulatory program to a proposed or existing discharge into the environment, provided that the proposed or existing discharge is not exempt or excluded from permitting as is set forth in subsection (A)(2). The person proposing to emit or emitting such discharge must be named on and served with the petition. The department must, within sixty days after receipt of such petition, issue a declaratory ruling as to the applicability of such program to such discharge. If the department determines a permit is required under such program and that no exception or exclusion exists, including, but not limited to, the exceptions set forth in subsection (A)(2), the department must issue a declaration requiring the submission of an application to permit such discharge pursuant to the applicable permitting program. If the department further determines that immediate action is necessary to protect the public health or property due to such unpermitted discharge, the department may further declare the existence of an emergency and order such action as the department deems necessary to address the emergency. Any person to whom such emergency order is directed may apply directly to the Administrative Law Court for relief and must be afforded a hearing within forty-eight hours. Regardless of whether a hearing is held, the department must revoke all emergency orders as soon as conditions or operations change to the extent that an emergency no longer exists. A party contesting any department decision on a petition may request a contested case hearing in the Administrative Law Court. Notwithstanding the administrative remedy provided for in this section, no private cause of action is created by or exists under this chapter. (B)(1) A person who discharges organic or inorganic matter into the waters of this State as described in subsection (A) to the extent that the fish, shellfish, aquatic animals, wildlife, or plant life indigenous to or dependent upon the receiving waters or property is damaged or destroyed is liable to the State for the damages. The action must be brought by the State in its own name or in the name of the department. (2) The amount of a judgment for damages recovered by the State, less costs, must be remitted to the agency, commission, department, or political subdivision of the State that has jurisdiction over the fish, shellfish, aquatic animals, wildlife, or plant life or property damaged or destroyed. (3) The civil remedy provided in subsection (B)(2) is not exclusive, and an agency, commission, department, or political subdivision of the State with appropriate authority may undertake in its own name an action to recover damages independent of this subsection. Effect of Amendment The 2012 amendment rewrote the section.
S.C. Code Ann. § 48-27-150 — SC Code / Title 48 / Chapter 27 / Section 48-27-150
SECTION 48-27-150. Examinations and re-examinations.
Status: in_force

When written examinations are required, they shall be held at such time and place as the Board shall determine. The methods of procedure shall be prescribed by the Board. A candidate failing on examination may apply for re-examination at the expiration of six months and will be re-examined without payment of an additional fee. Subsequent examination will be granted upon payment of a fee to be determined by the Board.
S.C. Code Ann. § 48-11-70 — SC Code / Title 48 / Chapter 11 / Section 48-11-70
SECTION 48-11-70. Referendum to be held on establishment of district.
Status: in_force

After the board of commissioners of the soil and water conservation district has recorded a determination that there is need in the interest of the public health, safety, and welfare for a watershed conservation district to function in the territory considered at the hearing and that the operation of the watershed conservation district is administratively practicable and feasible and has defined its boundaries, the board shall determine whether the majority of the qualified electors residing in the proposed watershed conservation district desire that the district be created. To make this decision a referendum to approve or disapprove the creation of the watershed conservation district must be held by the county election commission in the next scheduled countywide election in the counties in which the proposed district is located. Only qualified electors residing in the watershed are eligible to vote in the referendum. Applicable rules of the election apply to the referendum. Due notice of the referendum must be given by the board of commissioners. The notice must describe the boundaries of the proposed watershed district as determined by the board of commissioners of the soil and water conservation district, as provided in Section 48-11-60(B) and must state the authority for taxes to be levied each fiscal year for the purposes of the watershed conservation district. If the majority of the qualified electors voting in the referendum approve the creation of the watershed conservation district, the district is established and must be organized pursuant to this chapter.
S.C. Code Ann. § 48-29-40 — SC Code / Title 48 / Chapter 29 / Section 48-29-40
SECTION 48-29-40. Authority of State Commission of Forestry as to uncontrolled outbreaks.
Status: in_force

Whenever the State Commission of Forestry determines that a forest pest outbreak cannot be or is not being controlled by the forest landowners in the control zone, the State Commission of Forestry is authorized to: (a) Take necessary measures to control the forest pest. (b) Procure necessary equipment, supplies and services to control, suppress, or eradicate the forest pest. (c) Enter into agreements with the United States Forest Service or other federal or State agencies, corporations, and others to carry out the provisions of this chapter.
S.C. Code Ann. § 48-11-90 — SC Code / Title 48 / Chapter 11 / Section 48-11-90
SECTION 48-11-90. Tabulation, certification, and recordation of results of referendum; resulting district to constitute governmental subdivision and public body corporate and politic.
Status: in_force

The county election commission shall tabulate the results of the referendum at the close of the polls and certify the results to the clerks of court of the counties in which part of the district is situated. Upon proper recordation of the referendum results by the clerks of court the watershed conservation district constitutes a governmental subdivision of this State and a public body corporate and politic. After recording the results the clerks of court shall notify the board of commissioners in writing that the watershed conservation district has been created, and the soil and water conservation district board shall submit to the department a copy of the notification.
S.C. Code Ann. § 48-20-290 — SC Code / Title 48 / Chapter 20 / Section 48-20-290
SECTION 48-20-290. Authority to department to accept grants, to engage in research, and cooperate with governmental entities.
Status: in_force

The department, with the approval of the Governor, and in order to accomplish any of the purposes of the department, may apply for, accept, and expend grants from the federal government and its agencies and from a foundation, corporation, association, or individual may enter into contracts relating to the grants, and may comply with the terms, conditions, and limitations of the grants or contracts. The department may engage in appropriate research to further its ability to accomplish its purposes under this chapter and may contract for the research to be done by others. The department may cooperate with the federal, state, or a local government or agency of this or any other state in mutual programs to improve the enforcement of this chapter or to accomplish its purposes more successfully.
S.C. Code Ann. § 48-27-20 — SC Code / Title 48 / Chapter 27 / Section 48-27-20
SECTION 48-27-20. Creation of State Board of Registration for Foresters.
Status: in_force

A State Board of Registration for Foresters is created whose duty it is to administer the provisions of this chapter. The Board shall consist of five registered foresters, recommended by the Foresters Council of South Carolina and two nonforester members recommended by the South Carolina Forestry Association, appointed by the Governor. The Governor shall also consider nominations from any other individual, group, or association. Each member of the Board must be commissioned by the Governor and, before beginning his term of office, shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty. On the expiration of the term of any member of the Board, three nominees for each position recommended by the designated group must be submitted to the Governor from which he shall appoint for a term of five years a Board member having the qualifications required by SECTION 48-27-30 to take the place of each member whose term on the Board is expiring. Any vacancy occurring for a reason other than the expiration of office must be filled by the Governor from three nominees recommended by the designated group to fill the unexpired term of the member. If the Governor fails to make appointment in ninety days after expiration of any term, the Board shall make the necessary appointment. Each member shall hold office until the expiration of the term for which he is appointed and until a successor is duly appointed and qualifies.
S.C. Code Ann. § 48-1-260 — SC Code / Title 48 / Chapter 1 / Section 48-1-260
SECTION 48-1-260. Conditions within industrial plants and employer-employee relations not affected.
Status: in_force

Nothing contained in this chapter shall be deemed to grant to the Department any authority to make any rule, regulation or determination or to enter any order with respect to air conditions existing solely within the industrial boundaries of commercial and industrial plants, works or shops or to affect the relations between employers and employees with respect to or arising out of any air pollution within such boundaries.
S.C. Code Ann. § 48-43-540 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-540
SECTION 48-43-540. Registration certificate required to operate terminal facility; issuance of certificates; fees.
Status: in_force

(1) No person shall operate or cause to be operated a terminal facility as defined in Section 48-43-510 (8) without a registration certificate. (2) Registration certificates shall be issued on a five-year basis and shall expire on December thirty-first of the fifth year, such certificates shall be subject to such terms and conditions as the Department may determine are necessary to carry out the purposes of this article. (3) As a condition precedent to the issuance or renewal of a registration certificate, the Department shall require satisfactory evidence that the applicant has implemented, or is in the process of implementing, state and federal plans and regulations for prevention, control and abatement of pollution when a discharge occurs. (4) Registration certificates issued to any terminal facility shall include vessels used to transport pollutants between the facility and vessels within state waters. (5) The Department shall require, in connection with the issuance of a terminal facility registration certificate, the payment of a reasonable fee for processing applications for registration certificates. The fee shall be reasonably related to the administrative costs of verifying data submitted pursuant to obtaining the certificates and reasonable inspections; however, the fee shall not exceed two hundred fifty dollars per terminal facility per year. (6) No later than January 1, 1978 every owner or operator of a terminal facility shall obtain a registration certificate. The department shall issue a registration certificate upon the showing that the registrant can provide all required equipment to prevent, contain, and remove discharges of pollutants or is a member of a Discharge Cleanup Organization. (7) On or after a date to be determined by the Department, but in no case later than January 1, 1978 no person shall operate or cause to be operated any terminal facility without a terminal facility registration certificate issued by the Department. Registration certificates shall be valid for five years; provided however, they shall be subject to annual inspection. Each applicant for a terminal facility registration certificate shall pay the registration certificate application fee and shall submit information, in a form satisfactory to the Department, describing the following: (a) The barrel or other measurement capacity of the terminal facility. (b) All prevention, containment, and removal equipment, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals, and communication devices to which the facility has access, whether through direct ownership or by contract or membership an an approved discharge cleanup organization. (c) The terms of agreement and operation plan of any discharge cleanup organization to which the owner or operator of the terminal facility belongs. (8) Upon showing of satisfactory containment and cleanup capability under this section, and upon payment of the registration certificate application fee, the applicant shall be issued a registration certificate covering the terminal facility and related appurtenances, including vessels as defined in Section 48-43-510(11).
S.C. Code Ann. § 48-27-210 — SC Code / Title 48 / Chapter 27 / Section 48-27-210
SECTION 48-27-210. Replacement of licenses; replacement fee.
Status: in_force

A new license to replace any license revoked, lost, destroyed, or mutilated, may be issued, subject to the rules of the Board. A charge of three dollars shall be made for such issuance.
S.C. Code Ann. § 48-29-50 — SC Code / Title 48 / Chapter 29 / Section 48-29-50
SECTION 48-29-50. State Commission of Forestry or its agents may enter property to investigate or control forest pests.
Status: in_force

The State Commission of Forestry or its authorized agents shall have the power to go upon any land in the State to investigate, take measures to control, suppress, or eradicate forest pests. If any person refuses to allow the State Commission of Forestry or its agents to go upon his land to carry out the purposes of this chapter, or interferes with the investigation and control of forest pests, the State Commission of Forestry may apply to any court of competent jurisdiction for an injunction or other appropriate means to restrain the person from interfering with the State Commission of Forestry or its agents.
S.C. Code Ann. § 48-2-80 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-80
SECTION 48-2-80. Fees do not reduce general fund appropriations; limitation on amount of fees that may be collected in any fiscal year.
Status: in_force

Fees collected pursuant to Section 48-2-50 do not supplant or reduce in any way the general fund appropriation to the department from the state or federal program; and the total amount of fees authorized by this article collected in any fiscal year, may not exceed thirty-three and one-third percent of the "Total Funds" appropriated to the Office of Environmental Quality Control in the annual appropriations act.
S.C. Code Ann. § 48-60-10 — SC Code / Title 48 / Chapter 60 / Section 48-60-10
SECTION 48-60-10. Legislative findings.
Status: repealed

Section effective until December 31, 2029. The General Assembly finds: (1) Televisions, computing, and printing devices are critical to the development of this state's economy and the promotion of the quality of life of the citizens of this State. (2) Many of these televisions, computing, and printing devices can be refurbished and reused, or recycled. (3) Developing and implementing a system for recovering televisions, computing, and printing devices promotes resource conservation, public health, public safety, and economic prosperity. (4) In order to carry out these purposes, the State must establish a comprehensive and convenient recovery program for televisions, computing, and printing devices based on individual manufacturer responsibility and shared responsibility among consumers, retailers, and government, and that the program must ensure that end-of-life televisions, computing, and printing devices are disposed of in a manner that promote resource conservation through the development of an effective and efficient system for collection and recycling, and to encourage manufacturers to offer convenient collection and recycling service to consumers at no charge. Editor's Note 2010 Act No. 178, SECTION 3, provides: "This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act." 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2022 Act No. 234, SECTION 1.A, reenacted the section with no apparent change.
S.C. Code Ann. § 48-22-40 — SC Code / Title 48 / Chapter 22 / Section 48-22-40
SECTION 48-22-40. Duties of unit.
Status: in_force

In addition to other duties assigned to it, the unit: (1) shall conduct field and laboratory studies in geologic reconnaissance, mapping, evaluating mineral resources, and related gathering of surface and subsurface data. Investigative areas include offshore and onshore lands in this State; (2) shall make surface and subsurface data available to governmental agencies, private business, and the public by disseminating published geologic information as bulletins, maps, economic reports, and related series and open-file reports; (3) shall provide geologic advice and assistance to other state and local governmental agencies engaged in environmental protection or in industrial or economic development projects. In addition, the unit must be involved actively in geologic aspects of regional planning and effective land use in the State; (4) shall encourage economic development in the State by disseminating published geologic information as bulletins, maps, economic reports, and related series and open-file reports to appropriate governmental agencies and private industry. The unit is encouraged further to initiate and maintain appropriate industrial contacts to promote the extraction and conservation of South Carolina's earth raw materials and their manufacture to the economic improvement of the State; (5) shall provide unsolicited advice, when appropriate, to the Mining Council and its associated state regulatory agency, on geologic and related mining matters in keeping with the intent of the South Carolina Mining Act; (6) shall operate and maintain a central, statewide repository for rock cores, well cuttings and related subsurface samples, and all associated supplemental data. Private firms and public agencies are encouraged to notify the unit before exploratory or developmental drilling and coring; (7) may conduct cooperative work with appropriate agencies of the United States Government in its geologic activities and investigations; (8) shall provide a minerals research laboratory related to the identification, extraction, and processing of industrial minerals and minerals of economic potential wherever found throughout the onshore and offshore areas of the State. The minerals research laboratory is encouraged to accept mineral research projects from South Carolina businesses or citizens on a per cost, per unit basis and to encourage expended use of the raw materials of the State. The minerals research laboratory may accept public and private gifts or funds and may enter into cooperative agreements for the purpose of applied research in the metallic and nonmetallic minerals of this State; (9) when appropriate, shall provide unsolicited advice to other state and governmental agencies concerning geologic hazards including, but not limited to, earthquakes, ground liquefaction, sinkhole development and collapse, landslide development, and coastal vulnerability; (10) shall conduct topographic mapping using light detection and ranging (LiDAR) data collections by December 31, 2022, and at least every seven years thereafter. The information must be shared with the South Carolina Department of Natural Resources Flood Mitigation Program to ensure compliance with Federal Emergency Management Agency guidelines and standards for flood risk analysis and mapping activities under the Risk Mapping, Assessment, and Planning Program. The unit is authorized to work with local, state, and federal governmental entities in South Carolina to complete the topographic mapping and share the results of the topographic mapping with these agencies. The unit shall work with the Flood Mitigation Program to publish the results to the public on the Department of Natural Resources' website. The provisions of this item may only be enforced when the General Assembly appropriates the necessary funding for the topographic mapping in the general appropriations act. Effect of Amendment 2019 Act No. 75, SECTION 3, in (1), in the first sentence, substituted "evaluating mineral resources" for "prospecting for mineral resources"; inserted (2) and redesignated (2) to (7) as (3) to (8); rewrote (7) to remove certain mapping duties; in (8), in the third sentence, made a nonsubstantive change; and added (9). 2022 Act No. 230, SECTION 1, added (10).
S.C. Code Ann. § 48-1-230 — SC Code / Title 48 / Chapter 1 / Section 48-1-230
SECTION 48-1-230. Disposition of funds.
Status: in_force

Any funds appropriated to or received by the Department shall be deposited in the State Treasury as provided by law. Such funds shall be paid out on warrants issued by the State as prescribed by law, but only on order of the authorized representatives of the Department and in accordance with an annual budget or amendments thereto approved by the Department at an official meeting, such order being the authority of the proper fiscal officials of the State for making payment.
S.C. Code Ann. § 48-20-280 — SC Code / Title 48 / Chapter 20 / Section 48-20-280
SECTION 48-20-280. Application of chapter.
Status: in_force

The provisions of this chapter do not apply to those activities of the: (1) South Carolina State Ports Authority, nor of a person acting under contract with the authority; undertaken solely in connection with the construction, repair, and maintenance of the authority's shipping container terminals; (2) Department of Transportation, nor of a person acting under contract with the department, on highway rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public road systems of the State. This exemption does not become effective until the department has adopted reclamation standards applying to those activities and the standards have been approved by the council. At the discretion of the department, the provisions of this chapter may apply to mining on federal lands; or Text of (3) effective upon adoption of the Department of Commerce's reclamation standards applying to those activities used by the Department of Transportation. See Editor's Note. (3) Department of Commerce, Division of Public Railways, nor of a person acting under contract with the Department of Commerce, on rail rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public rail infrastructure of the State. Editor's Note 2018 Act No. 209, SECTION 2, provides as follows: "SECTION 2. Section 48-20-280(3) is effective upon adoption of the Department of Commerce's reclamation standards applying to those activities used by the Department of Transportation." Effect of Amendment 2016 Act No. 188, SECTION 7, added the paragraph identifiers, and inserted (1), relating to the South Carolina State Ports Authority. 2018 Act No. 209, SECTION 1, added (3), relating to the Division of Public Railways of the Department of Commerce, and made nonsubstantive changes.
S.C. Code Ann. § 48-9-580 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-580
SECTION 48-9-580. Referendum on establishment of district.
Status: in_force

After the department has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof hold a referendum within the proposed district upon the proposition of the creation of the district and cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words "For creation of a soil and water conservation district of the lands below described and lying in the county(ies) of (and )" and "Against creation of a soil and water conservation district of the lands below described and lying in the county(ies) of (and )" shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the department. All owners of lands lying within the boundaries of the territory, as determined by the department, shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote.
S.C. Code Ann. § 48-9-1010 — SC Code / Title 48 / Chapter 9 / Article 9 / Section 48-9-1010
SECTION 48-9-1010. Petition for discontinuance of district; hearings on discontinuance.
Status: in_force

At any time after five years after the organization of a district under the provisions of this chapter any twenty-five owners of land lying within the boundaries of such district may file a petition with the department praying that the operations of the district be terminated and the existence of the district discontinued. The department may conduct such public meetings and public hearings upon the petition as may be necessary to assist it in the consideration thereof.
S.C. Code Ann. § 48-43-50 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-50
SECTION 48-43-50. Authority to conduct hearings, summon witnesses, administer oaths, and issue subpoenas; effect of failure to comply.
Status: in_force

(A) The board or an Administrative Law Judge shall have the power to conduct hearings, to summon witnesses, to administer oaths and to require the production of records, books and documents for examination at any hearing or investigation. (B) Upon failure or refusal on the part of any person to comply with a subpoena issued by the board pursuant to this section, or upon the refusal of any witness to testify as to any matter regarding which he may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the State, upon the application of the board, may issue an order to compel such person to comply with such subpoena, and to attend before the board and produce such records, books and documents for examination, and to give his testimony. Such court shall have the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
S.C. Code Ann. § 48-23-290 — SC Code / Title 48 / Chapter 23 / Section 48-23-290
SECTION 48-23-290. Use of income from Sandhills State Forest and Carolina Sandhills National Wildlife Refuge.
Status: in_force

The State Commission of Forestry may use the income from the Sand Hills State Forest, with the approval of the State Department of Administration, for the operation, development, and obligations of the forest and other purposes. Income not expended in one year must be retained by the commission and carried forward each year for use pursuant to this section. The commission shall promulgate regulations necessary to carry out this section. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 48-34-20 — SC Code / Title 48 / Chapter 34 / Section 48-34-20
SECTION 48-34-20. Definitions.
Status: in_force

As used in this chapter: (1) "Prescribed fire" means a controlled fire applied to forest, brush, or grassland vegetative fuels under specified environmental conditions and precautions which cause the fire to be confined to a predetermined area and allow accomplishment of the planned land management objectives. It also is known as "controlled burn". (2) "Certified prescribed fire manager" means an individual who successfully completes a certification program approved by the State Commission of Forestry. (3) "Prescribed fire plan" means a written prescription for starting and controlling a prescribed fire.
S.C. Code Ann. § 48-29-10 — SC Code / Title 48 / Chapter 29 / Section 48-29-10
SECTION 48-29-10. Definitions.
Status: in_force

For the purpose of this chapter: (a) "Forest pest" means any insect, disease or closely related organism which is harmful, injurious, or destructive to forests or timber. (b) "Forest land" or "forest" means land supporting a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses, or for other purposes. (c) "Timber" includes forest trees standing or down, alive or dead, and shall include shade trees of any species around houses, along highways, within cities and towns, and any other locations which constitute insect and disease menaces to nearby timber trees or forests. (d) "Control zone" means an area of potential or actual forest pest outbreak with designated boundaries clearly described in a manner to definitely identify the zone. (e) "Outbreak" means the existence of populations of a forest pest in such proportions as to threaten forests or timber and the benefits derived from them. (f) "Action programs" shall mean those programs which are necessary to detect, control, suppress or eradicate forest pests which are in outbreak proportion.
S.C. Code Ann. § 48-3-30 — SC Code / Title 48 / Chapter 3 / Section 48-3-30
SECTION 48-3-30. Terms, form, execution, and sale of bonds; bond anticipation notes.
Status: in_force

All bonds issued by a governing board under authority of this chapter shall be limited obligations of its county or incorporated municipality, as the case may be. The principal, interest and redemption premium, if any, shall be payable solely out of the moneys to be derived by such county or incorporated municipality pursuant to the loan agreement. Bonds and interest coupons issued under authority of this chapter shall never constitute an indebtedness of such county or incorporated municipality within the meaning of any State constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the county or incorporated municipality, or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty years from their date, may be subject to such terms of redemption, may be payable at such place or places, may bear interest at such rate or rates as the governing board and the industry shall agree upon without limitation, may be payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which shall be provided in the proceedings of the governing board authorizing the bonds. Any bonds issued under the authority of this chapter may be sold at public or private sale at such price and in such manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the cost of acquiring any pollution control facility, and out of the bond proceeds, all expenses, premiums and commissions which the governing board may deem necessary or advantageous in connection with the authorization, sale and issuance thereof. All bonds issued under the authority of this chapter, except registered bonds which are registered otherwise than to bearer, and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued, but such proceedings shall preclude the issuance of bonds or any obligations of any sort secured by any lien or claim prior to any lien or claim securing such of the bonds or bonds afterwards issued on a parity with such bonds. Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of SECTIONS 11-17-10 to 11-17-110, as now or hereafter amended, shall be applicable to such bond anticipatory borrowing.
S.C. Code Ann. § 48-33-10 — SC Code / Title 48 / Chapter 33 / Section 48-33-10
SECTION 48-33-10. Short title.
Status: in_force

This chapter shall be cited as the "South Carolina Forest Fire Protection Act."
S.C. Code Ann. § 48-3-160 — SC Code / Title 48 / Chapter 3 / Section 48-3-160
SECTION 48-3-160. Existing powers of incorporated municipalities not affected.
Status: in_force

Nothing contained in this chapter shall be construed to restrict or limit the power of incorporated municipalities to construct and finance water pollution control facilities pursuant to the authorizations contained in the Revenue Bond Act for Utilities, Chapter 21, Title 6, as amended, and the Revenue Bond Refinancing Act, Chapter 17, Title 6, and the General Assembly hereby confirms that the public works and enterprises authorized by the Revenue Bond Act for Utilities and the Revenue Bond Refinancing Act include facilities designed for the elimination, mitigation or prevention of water pollution, including things which are required to collect, treat and thereafter dispose of all waste of any sort originating in or about any industrial enterprise.
S.C. Code Ann. § 48-20-20 — SC Code / Title 48 / Chapter 20 / Section 48-20-20
SECTION 48-20-20. Chapter purpose.
Status: in_force

The purposes of this chapter are to provide that: (1) the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State receive the greatest practical degree of protection and restoration; (2) no mining may be carried on in the State unless plans for the mining include reasonable provisions for protection of the surrounding environment and for reclamation of the area of land affected by mining.
S.C. Code Ann. § 48-39-350 — SC Code / Title 48 / Chapter 39 / Section 48-39-350
SECTION 48-39-350. Local comprehensive beach management plan.
Status: in_force

(A) The local governments must prepare by July 1, 1991, in coordination with the department, a local comprehensive beach management plan which must be submitted for approval to the department. The local comprehensive beach management plan, at a minimum, must contain all of the following: (1) an inventory of beach profile data and historic erosion rate data provided by the department for each standard erosion zone and inlet erosion zone under the local jurisdiction; (2) an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking; (3) an inventory of all structures located in the area seaward of the setback line; (4) an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary; (5) a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line; (6) an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction; (7) a drainage plan for the area seaward of the setback zone; (8) a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter; (9) a detailed strategy for achieving the goals of this chapter; (10) a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State. The plan must be updated at least every five years in coordination with the department following its approval. The local governments and the department must implement the plan by July 1, 1992. (B) Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the department must impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the department in its administrative capacities. Editor's Note 2018 Act No. 173, SECTIONS 1 and 8, provide as follows: "SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'." "SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020." Effect of Amendment 2018 Act No. 173, SECTION 7, in (A)(9), deleted "by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities" following "goals of this chapter".
S.C. Code Ann. § 48-9-1320 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1320
SECTION 48-9-1320. Information to be furnished to Land, Water, and Conservation Division Advisory Committee.
Status: in_force

The commissioners shall furnish to the department, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ and such other information concerning their activities as it may require in the performance of its duties under this chapter.
S.C. Code Ann. § 48-52-610 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-610
SECTION 48-52-610. Energy efficiency standards for state buildings.
Status: in_force

The State Energy Office shall develop energy efficient code standards for state-owned and leased buildings, including public school buildings. These standards must provide for life-cycle cost-effectiveness.
S.C. Code Ann. § 48-5-60 — SC Code / Title 48 / Chapter 5 / Section 48-5-60
SECTION 48-5-60. Authority of Department of Health and Environmental Control.
Status: in_force

The department may: (1) promulgate regulations with authority input to effectuate the provisions of this chapter and the Clean Water Act and the Safe Drinking Water Act; (2) develop priority systems with authority input which ensure consistency with the Clean Water Act and Safe Drinking Water Act for the clean water fund and drinking water fund, respectively; (3) prepare annual plans in accordance with the Clean Water Act and Safe Drinking Water Act after providing for input from the authority and public comment and review; (4) receive monies from the clean water fund for program and project management activities of the clean water fund; (5) establish accounts and deposit portions of the federal capitalization grants, as authorized by the Safe Drinking Water Act, for the purposes of administering the drinking water fund and other authorized activities; and (6) enter into binding agreements with the agency as necessary to effect the implementation of this chapter.
S.C. Code Ann. § 48-43-550 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-550
SECTION 48-43-550. Regulations as to removal of discharges of pollutants.
Status: in_force

The Department shall from time to time adopt, amend, repeal, and enforce reasonable regulations relating to the cleanup and removal of discharges of pollutants into the waters or onto the coasts of this State. Such regulations shall include, but not be limited to: (a) Operation and inspection requirements for terminal facilities, vessels, and other matters relating to certification under this article but shall not require vessels to maintain spill prevention gear, holding tanks of any kind, and containment gear in excess of federal requirements. (b) Procedures and methods of reporting discharges and other occurrences prohibited by this article. (c) Procedures, methods, means, and equipment to be used by persons subject to regulation by this article on the removal of pollutants. (d) Development and implementation of criteria and plans to meet pollution occurrences of various degrees and kinds. (e) Creation by contract or administrative action of a state response team which shall be responsible for creating and maintaining a contingency plan of response, organization, and equipment for handling emergency cleanup operations. The state plans shall include detailed emergency operating procedures for the State as a whole and the team shall from time to time conduct practice alerts. These plans shall be filed with the Governor and all Coast Guard stations in the State and Coast Guard captains of the port having responsibility for enforcement of federal pollution laws within the State, on or before January 1, 1978. The contingency plan shall include all necessary information for the total containment and cleanup of pollution, including but not limited to an inventory of equipment and its location, a table of organization with the names, addresses, and telephone numbers of all persons responsible for implementing every phase of the plan, a list of available sources of supplies necessary for cleanup, and a designation of priority zones to determine the sequence and methods of cleanup. The state response team shall act independently of agencies of the federal government but is directed to cooperate with any federal cleanup operation. (f) Requirements that, before being granted entry into any port in this State, the master of a vessel shall report: (1) discharges of pollutants the vessel has had since leaving the last port; (2) mechanical problems on the vessel which creates the possibility of a discharge; (3) denial of entry into a port during the current cruise of the vessel. A person who makes or causes to be made a false statement with a fraudulent intent in response to requirements of any provision of this article is guilty of a misdemeanor and, upon conviction, must be imprisoned two years or fined five thousand dollars, or both. (g) Requirements that any registrant causing or permitting the discharge of a pollutant in violation of the provisions of this article and at other reasonable times, be subject to a complete and thorough inspection. If the Department determines there are unsatisfactory preventive measures or containment and cleanup capabilities, it shall, a reasonable time after notice and hearing, suspend the registration until such time as there is compliance with the Department requirements. (h) Such other rules and regulations as the exigencies of any condition may require or as may reasonably be necessary to carry out the intent of this article.
S.C. Code Ann. § 48-5-120 — SC Code / Title 48 / Chapter 5 / Section 48-5-120
SECTION 48-5-120. Pledge as valid and binding; lien of pledge; record of proceedings relative to issuance of bonds to be filed.
Status: in_force

A pledge made by the authority is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the authority is immediately subject to the lien of the pledge without physical delivery or further act. The lien of a pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing bonds, or other instrument including filings under the Uniform Commercial Code is necessary to create or perfect a pledge or security interest granted by the authority to secure bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.
S.C. Code Ann. § 48-39-70 — SC Code / Title 48 / Chapter 39 / Section 48-39-70
SECTION 48-39-70. Cooperation of other agencies and commissions; administration of oaths; subpoenas.
Status: in_force

(A) All other state and local agencies and commissions shall cooperate with the department in the administration of enforcement of this chapter. All agencies currently exercising regulatory authority in the coastal zone shall administer such authority in accordance with the provisions of this chapter and rules and regulations promulgated thereunder. (B) The department, in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary in connection with the work of the department. The only exception shall be, that information considered proprietary by the applicant. If in the opinion of the department a proper decision cannot be rendered without the submission of such proprietary information, the department shall be empowered to execute an agreement on confidentiality with the applicant and such information shall not be made a part of the public record of current or future proceedings. (C) In case the contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which such person guilty of contumacy or refusal to obey is found, resides or transacts business, upon application by the department, may issue to such person an order requiring him to appear before the department to produce evidence if so ordered or give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the department and signed by the department director. Subpoenas shall be issued to such persons as the department may designate.
S.C. Code Ann. § 48-9-510 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-510
SECTION 48-9-510. Petition for creation of a district.
Status: in_force

Any twenty-five owners of land lying within the limits of territory proposed to be organized into a soil and water conservation district may file a petition with the department asking that a soil and water conservation district be organized to function in the territory described in the petition.
S.C. Code Ann. § 48-3-80 — SC Code / Title 48 / Chapter 3 / Section 48-3-80
SECTION 48-3-80. Optional provisions in loan agreements.
Status: in_force

Any loan agreement may provide that the pollution control facilities will be owned by the county or incorporated municipality, as the case may be, and leased to the industry; may provide the industry with an option to purchase the pollution control facility upon such terms and conditions as the governing board and the industry shall agree upon at a price which may be a nominal amount or less than the true value at the time of purchase; or may provide that the pollution control facilities shall become the property of the industry upon the acquisition thereof. Any loan agreement may also include a guaranty agreement whereby a corporation, foreign or domestic, other than the industry guarantees in whole or in part the obligations of the industry under the loan agreement upon such terms and conditions as the governing board may deem appropriate.
S.C. Code Ann. § 48-52-870 — SC Code / Title 48 / Chapter 52 / Article 10 / Section 48-52-870
SECTION 48-52-870. Purpose of program; adoption of rules.
Status: in_force

(A) The Energy Efficient Manufactured Homes Incentive Program is established to provide financial incentives for the purchase and installation of energy efficient manufactured homes in South Carolina. Any person who purchases a manufactured home designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy saving efficiency requirements or which has been designated as meeting or exceeding such requirements under each agency's ENERGY STAR program from a retail dealership licensed by the South Carolina Manufactured Housing Board for use in this State is eligible for a nonrefundable income tax credit equal to seven hundred fifty dollars. The credit may be claimed beginning July 1, 2009, and no later than July 1, 2024. (B) The South Carolina Energy Office shall adopt rules pursuant to this article to develop tax credit applications and administer the issuance of tax credits and must track and report on the fiscal and energy impacts of this program. Code Commissioner's Note Pursuant to the direction of the Code Commissioner, "this article to" was added in subsection (B). Effect of Amendment 2020 Act No. 138, SECTION 1, in (A), in the third sentence, substituted "July 1, 2024" for "July 1, 2019".
S.C. Code Ann. § 48-14-170 — SC Code / Title 48 / Chapter 14 / Section 48-14-170
SECTION 48-14-170. Department to promulgate regulations.
Status: in_force

The department shall promulgate regulations necessary to implement Chapter 14, Title 48 of the 1976 Code added by this act.
S.C. Code Ann. § 48-2-330 — SC Code / Title 48 / Chapter 2 / Article 3 / Section 48-2-330
SECTION 48-2-330. Fund created; deposit of fines and penalties; maximum; interest.
Status: in_force

(A) There is created within the Department of Health and Environmental Control a restricted account to be known as the Environmental Emergency Fund. (B) The fund must be financed through the collection and deposit of fines and penalties levied by the department. However, a fine or penalty collected under any statute which provides explicitly for distribution of the fine or penalty, other than to the general fund including, but not limited to, those penalties distributed to the counties pursuant to Section 48-1-350, must not be deposited in the fund. (C) Fines and penalties must be credited to the fund until the fund reaches two hundred fifty thousand dollars, at which time all subsequent fines and penalties must be deposited to the general fund or as otherwise prescribed by law. At no time shall the balance in the fund exceed two hundred fifty thousand dollars, and no more than two hundred fifty thousand dollars may be deposited to the fund in any fiscal year. (D) Interest accruing to the fund must be remitted to the general fund of the State.
S.C. Code Ann. § 48-9-850 — SC Code / Title 48 / Chapter 9 / Article 7 / Section 48-9-850
SECTION 48-9-850. Organization of subdivision as district.
Status: in_force

The department shall then proceed in accordance with Sections 48-9-610 to 48-9-630 to organize the subdivision into a district and to inform the Secretary of State of the change in the boundaries of the remaining district and to complete the organization of the governing body of the remaining district.
S.C. Code Ann. § 48-9-820 — SC Code / Title 48 / Chapter 9 / Article 7 / Section 48-9-820
SECTION 48-9-820. Petition for subdivision of district.
Status: in_force

A portion of a soil and water conservation district, such portion being composed of one or more entire counties, may withdraw from such district and constitute itself a separate soil and water conservation district by the procedure set forth in this section and Sections 48-9-830 and 48-9-840. A petition signed by a majority of the members of the governing body of the soil and water conservation district or a petition signed by twenty-five landowners of the county or counties wishing to withdraw and constitute themselves a separate district may be filed with the department asking that the subdivision be made and constitute a district. Such petition shall (a) set forth the name of the district, (b) describe the existing boundary lines of the district and boundary lines of the proposed district (subdivision) and (c) request that the department hold a public hearing upon the question of the proposed subdivision and that the department duly define the boundary lines as set out in the petition.
S.C. Code Ann. § 48-57-110 — SC Code / Title 48 / Chapter 57 / Section 48-57-110
SECTION 48-57-110. Effect of state or local governmental rule, regulation, guidance, policy, or permit condition.
Status: in_force

No state or local governmental rule, regulation, guidance, policy, or permit condition may circumvent or limit the privileges established by this chapter or the exercise of the privileges or the presumption and immunity established by this chapter.
S.C. Code Ann. § 48-9-1260 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1260
SECTION 48-9-1260. Bonds; records; audit.
Status: in_force

The commissioners shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements.
S.C. Code Ann. § 48-20-240 — SC Code / Title 48 / Chapter 20 / Section 48-20-240
SECTION 48-20-240. Disposition of fees and civil penalties.
Status: in_force

All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer. Fee revenue attributable to increased or additional fees imposed pursuant to this chapter after May 1, 2003, must be retained and expended for the department's mining and reclamation program. Funds retained pursuant to this section must be used specifically to provide additional staff for the mining and reclamation program and to provide educational and training assistance to the mining industry in South Carolina.
S.C. Code Ann. § 48-23-120 — SC Code / Title 48 / Chapter 23 / Section 48-23-120
SECTION 48-23-120. Acquisition of real estate for timber production and other purposes.
Status: in_force

The State Commission of Forestry may acquire, by purchase, gift or otherwise, submarginal agricultural lands and cut over forest lands in this State at an average price not to exceed five dollars per acre and in no event above ten dollars per acre and use such lands for timber production, demonstration in forestry practice, erosion and flood prevention, game sanctuaries, public shooting grounds and places of general recreation.
S.C. Code Ann. § 48-9-310 — SC Code / Title 48 / Chapter 9 / Article 3 / Section 48-9-310
SECTION 48-9-310. Submission of statements, estimates, budgets, and other information.
Status: in_force

The department may require the commissioners of the respective soil and water conservation districts to submit to it such statements, estimates, budgets and other information as it may deem necessary. Effect of Amendment 2019 Act No. 74, SECTION 5, rewrote the section, removing unnecessary statutory requirements that are now accomplished through the budgeting process.
S.C. Code Ann. § 48-20-210 — SC Code / Title 48 / Chapter 20 / Section 48-20-210
SECTION 48-20-210. Department to promulgate regulations.
Status: in_force

The department shall promulgate regulations to implement the provisions of this chapter as provided by Article 1, Chapter 23 of Title 1. The regulations must set forth the duties of operators applying for certificates of exploration and operating permits under this chapter and also those of the department director, his subordinates, or designees.
S.C. Code Ann. § 48-34-30 — SC Code / Title 48 / Chapter 34 / Section 48-34-30
SECTION 48-34-30. Authority to promulgate regulations.
Status: in_force

The State Commission of Forestry shall promulgate regulations for the use of prescribed fire and for the certification of prescribed fire managers.
S.C. Code Ann. § 48-46-20 — SC Code / Title 48 / Chapter 46 / Section 48-46-20
SECTION 48-46-20. Purpose.
Status: in_force

The purpose of this act is to establish South Carolina as a member of the Atlantic Low-Level Radioactive Waste Compact, known in federal statute as the "Northeast Interstate Low-Level Radioactive Waste Management Compact" and to authorize and direct specific processes and procedures that are necessary to implement South Carolina's responsibilities in the compact.
S.C. Code Ann. § 48-20-60 — SC Code / Title 48 / Chapter 20 / Section 48-20-60
SECTION 48-20-60. Operating permits generally.
Status: in_force

No operator may engage in mining without having first obtained from the department an operating permit which covers the affected land and which has not been terminated, revoked, suspended for the period in question, or otherwise invalidated. An operating permit may be modified to include land neighboring the affected or permitted land in accordance with procedures set forth in Section 48-20-80. A separate operating permit is required for each mining operation that is not on land neighboring a mining operation for which the operator has a valid permit. No operating permit may be issued except in accordance with the procedures set forth in Section 48-20-70. No operating permit may be modified except in accordance with the procedures set forth in Section 48-20-80 or 48-20-150. An appeal from the department's decision regarding an operating permit may be taken to the council, as provided by Section 48-20-190. No operating permit becomes effective until the operator has deposited with the department an acceptable performance bond or other security pursuant to Section 48-20-110. If at any time the bond or other security, or any part of it, lapses for a reason other than a release by the department, and the lapsed bond or security is not replaced by the operator within thirty days after notice of the lapse, the operating permit to which it pertains must be suspended until such time as the reason for the suspension is remedied and written documentation of the remedy is provided to the department. An operating permit must be granted and remain valid unless the operating permit terminates as set forth in this chapter or until revoked by the department under the provisions of Section 48-20-160. If the mining operation terminates and the reclamation required under the approved reclamation plan is completed, the permit terminates. Termination of an operating permit does not relieve the operator of any obligations which he has incurred under his approved reclamation plan or otherwise. Where the mining operation itself has terminated, no operating permit is required in order to carry out reclamation measures under the reclamation plan. An operating permit may be suspended or revoked for cause pursuant to Section 48-20-160. Code Commissioner's Note At the direction of the Code Commissioner, "Section 48-20-110" was substituted for "Section 40-20-110" in the first sentence of the fifth paragraph.
S.C. Code Ann. § 48-9-45 — SC Code / Title 48 / Chapter 9 / Article 1 / Section 48-9-45
SECTION 48-9-45. Land, Water, and Conservation Division accountable to director of department.
Status: in_force

The Land, Water, and Conservation Division, shall be directly accountable to and subject to the director of the department. Effect of Amendment 2019 Act No. 74, SECTION 2, substituted "Land, Water, and Conservation Division" for "Land Resources and Conservation Districts Division".
S.C. Code Ann. § 48-54-40 — SC Code / Title 48 / Chapter 54 / Section 48-54-40
SECTION 48-54-40. Biennial review and evaluation of strategic plan; report.
Status: in_force

(A) Biennially, the commission shall review and evaluate its Strategic State Plan for Litter to identify areas of progress and improvement in attaining the overall goal of reducing litter in this State and barriers to achieving this goal. Accordingly, the commission shall revise the plan to incorporate its findings. (B) The commission biennially, following its review and evaluation of its Strategic State Plan for Litter, shall submit a report in writing to the General Assembly before November sixteenth in even numbered years, beginning in 2016. The report must include, but is not limited to, the extent programs and campaigns for litter removal, reduction and prevention, and litter law enforcement have made progress in reaching the overall goal of litter reduction in this State; the extent the commission has been successful in facilitating the coordination and cooperation among state agencies, local governments, and private profit and nonprofit organizations in the development and implementation of programs and campaigns undertaken pursuant to the Strategic State Plan for Litter; whether the incidence of litter violations have decreased and whether the enforcement of litter laws and prosecutions have increased; measurements of the effectiveness of litter removal, reduction and prevention, and litter law enforcement programs and campaigns; new programs implemented; and recommendations for legislative changes needed to assist the commission in achieving the overall goal of litter reduction and in carrying out its duties and responsibilities under this chapter.
S.C. Code Ann. § 48-43-320 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-320
SECTION 48-43-320. Allocation of allowable production.
Status: in_force

(A) Whenever the department limits the amount of oil that may be produced in the State, the department shall allocate the allowable production among the pools on a reasonable basis. (B) Whenever the department limits the total amount of oil, gas, or condensate that may be produced in any pool to an amount less than the amount that the pool could produce if no limitation were imposed, the department shall, subject to the reasonable necessities for the prevention of waste, allocate the allowable production among the several wells or producing properties in the pool so that each person entitled thereto will have a reasonable opportunity to produce or to receive a just and equitable share of the production. (C) In allocating oil allowables to pools, the department may consider, but shall not be bound by, nominations of purchasers to purchase from particular pools or groups of pools. The department shall allocate the oil allowable from the State in such manner as will prevent undue discrimination among pools that would result from selective buying or nomination by purchasers.
S.C. Code Ann. § 48-23-95 — SC Code / Title 48 / Chapter 23 / Section 48-23-95
SECTION 48-23-95. Official summons form for making arrests; disposition of charges.
Status: in_force

The State Commission of Forestry shall prescribe and prepare a special official summons form to be used exclusively by its law enforcement officers in making arrests for misdemeanors triable in magistrate's court. A person charged with these offenses, upon service of the commission summons by a law enforcement officer, shall appear in the court therein named at the time and place designated and the service shall vest in the court jurisdiction to hear and dispose of the charge for which the summons was issued.
S.C. Code Ann. § 48-56-150 — SC Code / Title 48 / Chapter 56 / Section 48-56-150
SECTION 48-56-150. Enforcement actions.
Status: in_force

(A) If the participant diligently pursues compliance and corrects the violations that are disclosed in a report in accordance with Sections 48-56-130 and 48-56-140, the department may not commence an enforcement action for the violations. (B) The department may not commence an enforcement action for violations covered by a compliance schedule that is approved under Section 48-56-140 during the period of the compliance schedule if the participant is not in violation of the schedule. If the participant violates the compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action for the violations. (C) Notwithstanding subsection (A), the department may at any time commence an enforcement action for violations if: (1) significant environmental harm or a public health threat was caused by the violation; (2) the department discovers the violations before submission of a report under Section 48-56-130; (3) the department disapproves the compliance schedule or proposed actions under Section 48-56-140; (4) the violation has resulted in a substantial economic benefit which gives the violator a clear economic advantage over its business competitors; (5) the violation occurred within one year of a similar prior violation at the same facility; (6) there is a violation of a judicial or administrative order against the facility; or (7) the violation was committed intentionally, wilfully, or through criminal or gross negligence.
S.C. Code Ann. § 48-9-1230 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1230
SECTION 48-9-1230. Terms of office; vacancies; removal.
Status: in_force

Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold office until his successor has been elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been selected, except that in the case of a vacancy in the unexpired term of an elected commissioner a successor may be appointed by the board upon the unanimous recommendation of the remaining commissioners. Any commissioner may be removed by the board upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason.