S.C. Code Ann. § 48-43-30 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-30
SECTION 48-43-30. Application of chapter; authority of department.
Status: in_force

(A) This chapter shall apply to all lands however owned, including the submerged lands, both inland and offshore, tidelands and wetlands located within the jurisdictional limits of the State and any lands owned or administered by any government or any agency or political subdivision thereof, over which the State, under its police power has jurisdiction; and to that end the department is authorized to: (1) Prevent waste of oil and gas, to protect correlative rights and to prevent pollution of the water, air and land by oil or gas, and otherwise to administer and enforce this chapter. It has jurisdiction over all persons and property necessary for that purpose. In the event of a conflict, the duty to prevent waste is paramount. (2) Make such investigations as it deems proper to determine whether action by the department in discharging its duties is necessary. (3) Hire personnel to carry out the purposes of this chapter. (B) Without limiting its general authority, the department shall have specific authority: (1) To require: (a) identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil and gas; (b) the preparing and filing of well logs and samples, directional surveys and reports on well location, drilling and production, provided, however, that the log and samples of an exploratory or wildcat well need not be filed before one year after the completion of the well and upon the filing of the log and samples of such well the department shall keep the log and samples and information contained therein confidential for one year from the date of filing if requested by the operator in writing to do so and the department may keep the log and samples and information contained therein confidential for an additional year at its discretion if the operator requests in writing that the department keep such log and samples and information confidential for an additional year. (c) the drilling, casing, operation, and plugging of wells in such manner as to prevent (a) the escape of oil or gas out of one pool into another, (b) the detrimental intrusion of water into an oil or gas pool that is avoidable by efficient operations, (c) the pollution of fresh water supplies by oil, gas, or salt water, and (d) blowouts, cavings, seepages, and fire; (d) the taking of tests of oil or gas wells; (e) the furnishing by all persons who apply for a drilling permit a reasonable performance bond with good and sufficient surety with the State of South Carolina as beneficiary to indemnify the State from loss or expense resulting from such person's failure to comply with the provisions of this chapter or the rules, regulations or orders of the department including the duty to plug each dry or abandoned well and to repair each well causing waste or pollution if repair will prevent waste or pollution; a performance bond may cover more than one drilling operation of the same person provided that the amount of such performance bond is increased to cover the additional well each time an application for a drilling permit is submitted to the department by that person. (f) that the production from wells be separated into gaseous and liquid hydrocarbons, and that each be measured by means and upon standards that may be prescribed by the department; (g) that wells not be operated with inefficient gas-oil or water-oil ratios, to fix these ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios; (h) certificates of clearance in connection with the transportation or delivery of oil, gas, or product; (i) the metering or other measuring of oil, gas, or product; (j) that every person who produces, sells, purchases, acquires, stores, transports, refines, or processes oil or gas in this State keep and maintain complete and accurate records of the quantities thereof, which records shall be available for examination by the department or its agents at all reasonable times; (k) the filing of reports or plats with the department that it may prescribe; (l) permits for the onshore and offshore exploration of oil and gas both on public and private lands whether highlands, wetlands or submerged land; (m) the placing of meters approved by the department which shall at all times be under the supervision and control of the department wherever the department may designate on all pipelines, gathering systems, barge terminals, loading racks, refineries, or other places deemed necessary to prevent the transportation of illegally produced oil and gas; (n) payment of reasonable fees for all publications, materials, charts, services and similar items furnished to persons at their request; (o) that all persons who desire to drill wells for oil or gas obtain a permit from the department prior to the commencement of any drilling operations; (p) that all pipelines placed in the Atlantic Ocean, its harbors, bays and other bodies of water which are a part of the Atlantic Ocean to transport oil, gas, condensate or product that cross the lands and under waters that are within the territorial jurisdiction of the State of South Carolina be located under the bottom of the Atlantic Ocean, its harbors, bays and other bodies of water which are a part of the Atlantic Ocean so that the pipelines will not interfere with navigation, fishing, shrimping, and other lawful recreational and commercial activities. (2) To regulate: (a) the drilling, testing, completing, stimulating, producing, reworking and plugging of wells, and all other operations associated with the production of oil and gas; (b) the spacing or locating of wells; (c) operations to increase ultimate recovery, such as cycling of gas, the maintenance of pressure, and the introduction of gas, water or other substances into a producing formation; (d) the disposal of salt water and oil-field wastes; (e) the exploration for oil or gas in the waters and on the lands that are within the jurisdictional limits of the State regardless of ownership; (f) the transportation of oil and gas, as defined by this chapter and as distinguished by the definitions from product, from whatever source to gathering systems, refineries, and other storage and processing facilities which handle oil and gas; (g) the commingling of oil and gas produced from wells having different owners or producers and to adopt such rules and regulations applicable to such commingling as may be necessary to protect the rights of the owners, producers and royalty owners of the wells from which the commingling oil or gas is produced. (3) To limit the production of oil, gas, or condensate from any field, pool, area, lease, or well, and to allocate production. (4) To classify and reclassify pools as oil, gas and condensate pools and to classify and reclassify wells as oil, gas or condensate wells. (5) To promulgate, after hearing and notice as hereinafter provided, such rules and regulations, and issue such orders reasonably necessary to prevent waste and oil discharges from drilling and production platforms, pipelines, gathering systems, processing facilities, storage facilities, refineries, port facilities, tankers and other facilities and vessels that may be a source of oil spills and to protect correlative rights, to govern the practice and procedure before the board and to fulfill its duties and the purposes of this chapter. (6) To regulate the exploration, drilling, production, and transportation of methane gas in and related to sanitary landfills. The department is authorized to exercise discretion in regulating such activities and may impose any requirement of this chapter as is necessary, in the opinion of the department, to prevent waste of oil and gas, to protect correlative rights and to prevent pollution of the water, air, and land by oil and gas. The department is further authorized to require any person applying for a drilling permit or otherwise producing methane gas in a sanitary landfill to comply with one of the following requirements for financial responsibility in an amount deemed sufficient by the department in its discretion in order to achieve the purpose specified in Section 48-43-30(A)(1): (i) furnish a bond consistent with the requirements of Section 48-43-30(B)(1)(e); or (ii) furnish proof of insurance with the State of South Carolina as beneficiary. Before the issuance of drilling permits for methane gas recovery from sanitary landfills, the department must certify that the proposed activity is consistent with the Department of Health and Environmental Control regulations governing the operation, monitoring, and maintenance of the landfills and applicable permit conditions.
S.C. Code Ann. § 48-60-130 — SC Code / Title 48 / Chapter 60 / Section 48-60-130
SECTION 48-60-130. Annual solid waste report to contain information provided by manufacturers.
Status: repealed

Section effective until December 31, 2029. The department shall include in its annual solid waste report information provided by manufacturers on recovery programs offered pursuant to this chapter. 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. § 48-52-470 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-470
SECTION 48-52-470. Funding for State Energy Office.
Status: in_force

Funding for the State Energy Office, as created in this part, must be derived from existing financial resources available to the State and may be derived from oil overcharge funds. Personnel for the State Energy Office must be derived from the consolidation of existing state government personnel slots with no new FTE's.
S.C. Code Ann. § 48-17-30 — SC Code / Title 48 / Chapter 17 / Section 48-17-30
SECTION 48-17-30. Powers of authority.
Status: in_force

In order to carry out the purposes for which it was created the Authority shall have the following powers: (1) To have perpetual succession; (2) To sue and be sued; (3) To adopt, use and alter a corporate seal; (4) To define a quorum for its meetings; (5) To establish a principal office; (6) To make bylaws for the management and regulation of its affairs; (7) To accept gifts or grants of services, properties or moneys from the United States Government or any of its agencies or from the State or any of its political subdivisions or from private or other sources; (8) To sell, lease, or otherwise dispose of any of its property or interest therein to any political subdivision of the State of South Carolina or any Federal or State agency in furtherance of the purposes and provisions of this chapter; (9) Clean out, straighten, open up, widen, or deepen, any watercourse or natural stream without diminishing the quality or quantity of the flow of water therein; (10) Construct and maintain main and lateral ditches, canals, levees, dikes, dams, revetments, reservoirs, holding basins, and pumping stations and connect them or any of them with any canals, drains, ditches, levees or other works; (11) Construct or enlarge or cause to be constructed or enlarged any and all bridges that may be needed across any ditch, canal, floodway, holding basin, excavation, public highway, railroad right-of-way, track, grade, fill or cut; (12) Construct roadways over levees and embankments; (13) Construct any and all of such works and improvements across, through or over any public highway, railroad right-of-way, track, grade, fill or cut; (14) Remove any fence, building or other improvement; (15) Hold, control and acquire by donation or purchase and if need be condemn any land, easement, railroad right-of-way, reservoir, holding basin or franchise for rights-of-way, holding basins or for any of the purposes herein provided or for material to be used in constructing and maintaining the works and improvements for draining, protecting and reclaiming the lands; (16) To exercise the rights of eminent domain. The condemnation of an existing public use must be denied unless it is shown that the specific property to be condemned is absolutely essential to the Authority and the use to be condemned does not materially impair the existing public use. All of the above powers shall be exercised within the geographical boundaries of the counties comprising the Authority.
S.C. Code Ann. § 48-37-60 — SC Code / Title 48 / Chapter 37 / Section 48-37-60
SECTION 48-37-60. Chapter to not limit powers of State Commission of Forestry.
Status: in_force

Any powers granted in this chapter to the State Commission of Forestry shall be regarded as in aid of and supplemental to, and in no case a limitation upon, any of the powers vested in the Commission by other laws of the State of South Carolina or by the laws of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, Virginia, and West Virginia or by the Congress or the terms of such compact.
S.C. Code Ann. § 48-23-136 — SC Code / Title 48 / Chapter 23 / Section 48-23-136
SECTION 48-23-136. Pledge of revenue.
Status: in_force

Notwithstanding any other provision of law, for the payment of the loan and the interest thereon, there is annually pledged all revenues derived from the sale of timber from Forestry Commission lands which exceed the amount of one hundred eight thousand, six hundred seventy dollars to be credited to the General Fund of the State and those funds designated for allocation to counties under the provisions of SECTION 48-23-260 of the 1976 Code, and all donations and revenues made available to the Commission for this purpose. Each year, after allocation of revenue from timber sales to the General Fund, counties, and the payment of principal and interest on the loan, any remaining funds may be used for the reforestation of Forestry Commission lands cut pursuant to this section and SECTION 48-23-135. Any unexpended balance at the close of each fiscal year must be carried forward and expended in accordance with the provisions of this section and SECTION 48-23-135.
S.C. Code Ann. § 48-39-210 — SC Code / Title 48 / Chapter 39 / Section 48-39-210
SECTION 48-39-210. Department only state agency authorized to permit or deny alterations or utilizations within critical areas.
Status: in_force

(A) The department is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit must be acted upon within the time prescribed by this chapter. (B) A critical area delineation for coastal waters or tidelands established by the department is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by the department, the department validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement: "The area shown on this plat is a representation of department permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By delineating the permit authority of the department, the department in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not." (C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) expires after five years from the department date on the survey described in subsection (B). (D) Exceptions to subsection (C) are eroding coastal saltwater stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the five year time limit and where manmade alterations change the critical area line.
S.C. Code Ann. § 48-36-20 — SC Code / Title 48 / Chapter 36 / Section 48-36-20
SECTION 48-36-20. Definitions.
Status: in_force

For the purposes of this chapter: (1) "Silvicultural activity" means multiple-use forest management activity including, but not limited to, the harvesting of timber, construction of roads and trails for forest management purposes, and preparation of property for reforestation. (2) "Best Management Practices" means a set of guidelines for silvicultural activities to protect water quality, air quality, soil quality and productivity, wildlife habitat, and the aesthetic integrity of the forest.
S.C. Code Ann. § 48-11-190 — SC Code / Title 48 / Chapter 11 / Section 48-11-190
SECTION 48-11-190. Discontinuance of district.
Status: in_force

(A) Any time after five years after the organization of a watershed conservation district twenty-five or more qualified electors residing in the district, or if less than fifty qualified electors are involved a majority of them, may file a petition with the board of commissioners of the soil and water conservation district asking that the existence of the watershed conservation district be discontinued. The petition must state the reasons for discontinuance and that all obligations of the watershed conservation district have been met. After giving due notice the commissioners shall conduct a hearing on the petition to determine whether the reasons given for discontinuance are valid and that all obligations have been met. If it is determined that all obligations have not been met, the petition for discontinuance must be denied. If the watershed conservation district has begun or completed implementation of a work of improvement that requires or will require operation or maintenance, the board of commissioners shall determine that all obligations have not been met and deny the petition. (B) If it is determined that the reasons given for discontinuance are valid and all obligations have been met, the board of commissioners shall notify the county election commission who, after giving due notice, shall hold a referendum on the discontinuance of the watershed conservation district in the next countywide election in the county. Due notice of the referendum must contain a description of the watershed conservation district proposed to be discontinued. Only qualified electors of the watershed conservation district may vote in the election. The county election commission shall tabulate the results of the referendum at the close of the polls, deliver a written report of the results to the board of commissioners of the soil and water conservation district, and certify the results to the clerks of court and auditors of the counties involved. (C) After recording the results of the referendum, the clerks of court shall notify the board of commissioners of the soil and water conservation district and the board of directors of the watershed conservation district in writing that the watershed conservation district has been discontinued, and the directors immediately shall terminate the affairs of the watershed conservation district. The board of commissioners shall submit to the department a copy of the notification from the clerks of court.
S.C. Code Ann. § 48-1-280 — SC Code / Title 48 / Chapter 1 / Section 48-1-280
SECTION 48-1-280. Health laws not affected.
Status: in_force

Nothing herein contained shall be construed to postpone, stay or abrogate the enforcement of the provisions of the public health laws of this State and rules and regulations promulgated hereunder in respect to discharges causing actual or potential hazards to public health nor to prevent the Department of Health and Environmental Control from exercising its right to prevent or abate nuisances.
S.C. Code Ann. § 48-43-10 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-10
SECTION 48-43-10. Definitions.
Status: in_force

Unless the context otherwise requires, the terms defined in this section shall have the following meaning when used in this chapter: (A) "Waste" means and includes: (1) physical waste, as that term is generally understood in the oil and gas industry; (2) the inefficient, excessive, or improper use, or the unnecessary dissipation of, reservoir energy; (3) the inefficient storing of oil and gas; (4) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction or oil or gas; (5) the production of oil or gas in excess of (a) transportation or marketing facilities; (b) the amount reasonably required to be produced in the proper drilling, completing or testing of the well from which it is produced; or (c) oil or gas otherwise usefully utilized but gas produced from an oil well or condensate well pending the time when, with reasonable diligence, the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable shall not be considered waste if the production of such gas has been approved by order of the department; (6) underground or above ground waste in the production or storage of oil, gas, or condensate, however caused, and whether or not defined in other subdivisions hereof. (B) "Department" means the South Carolina Department of Health and Environmental Control. (C) "Person" means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representatives of any kind, and includes any government or any political subdivision or any agency thereof. (D) "Oil" means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir. (E) "Gas" means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir. (F) "Condensate" means liquid hydrocarbons that were originally in the gaseous phase in the reservoir. (G) "Pool" means an underground reservoir containing a common accumulation of oil and gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool. (H) "Field" means the general area underlain by one or more pools. (I) "Owner" means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas that he produces therefrom, either for himself or for himself and others. (J) "Producer" means the owner of a well or wells capable of producing oil or gas or both. (K) "Just and Equitable Share of the Production" means, as to each person, that part of the authorized production from the pool that is substantially in the proportion that the amount of recoverable oil or gas or both in the developed areas of his tract or tracts in the pool bears to the recoverable oil or gas or both in the total of the developed areas in the pool. (L) "Developed Area" means a spacing unit on which a well has been completed that is capable of producing oil or gas, or the acreage that is otherwise attributed to a well by the department for allowable purposes. (M) "Protect Correlative Rights" means that the action or regulation by the department should afford a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in his tract or tracts or the equivalent thereto, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent. (N) "Product" means any commodity made from oil or gas, and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubrication oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not. (O) "Illegal Oil" means oil that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the department. (P) "Illegal Gas" means gas that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the department. (Q) "Illegal Product" means any product derived in whole or in part from illegal oil or illegal gas. (R) "Certificate of Clearance" means a permit prescribed by the department for the transportation or the delivery of oil or gas or product. (S) "Pollutant" means any emission that significantly derogates the quality of the air, water or land. (T) "Pollution" means the act of emitting pollutants into the air or water or onto the land. (U) "Royalty owner" means the person who pursuant to a lease arrangement with another has the right to receive, free of costs, an allocation of production or payments based upon the value of production. (V) "Geothermal resources" mean the resources defined in Section 10-9-310 of the 1976 Code. (W) "Sanitary landfill" means a solid waste disposal facility regulated by the Department of Health and Environmental Control. (X) "Board" means board of the department.
S.C. Code Ann. § 48-3-40 — SC Code / Title 48 / Chapter 3 / Section 48-3-40
SECTION 48-3-40. Security for bonds.
Status: in_force

The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the county or the incorporated municipality, as the case may be, pursuant to the loan agreement and may also be secured by a lien on any property given as security by the industry pursuant to the loan agreement and any bonds may be issued pursuant to and secured by a trust indenture. The proceedings under which bonds are authorized to be issued or any such trust indenture may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of the sums payable by the industry to the county or the incorporated municipality, as the case may be, pursuant to the loan agreement, the maintenance and insurance of the pollution control facilities, the creation and maintenance of special funds by the industry, and the rights and remedies available in the event of default to the bondholders or to the trustee under such trust indenture, all as the governing board shall deem advisable. Provided, however, that in making any such agreements or provisions no county or incorporated municipality shall have the power to obligate itself except with respect to any security pledged, mortgaged or otherwise made available by the industry for the securing of the bonds, and the application of the revenues from the loan agreement, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The proceedings authorizing any bonds hereunder and any trust indenture securing such bonds may provide that in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with such powers as may be necessary to enforce the obligations thereof. No breach of any such agreement shall impose any pecuniary liability upon any county or incorporated municipality, as the case may be, or any charge upon its general credit or against its taxing power. The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such persons or corporations as the governing board shall designate, notwithstanding that they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
S.C. Code Ann. § 48-39-135 — SC Code / Title 48 / Chapter 39 / Section 48-39-135
SECTION 48-39-135. Protection of certain golf courses seaward of the baseline.
Status: in_force

Golf courses seaward of the baseline that existed prior to the effective date of the regulations promulgated in 1991 pursuant to the Beachfront Management Act may be protected under emergency orders issued or approved by the department using the same methodology that is used to protect structures pursuant to emergency orders.
S.C. Code Ann. § 48-57-70 — SC Code / Title 48 / Chapter 57 / Section 48-57-70
SECTION 48-57-70. Burden of proof.
Status: in_force

A party asserting the privilege provided for in Section 48-57-30 has the burden of proving that the materials claimed as privileged constitute an environmental audit report as defined by Section 48-57-20 and also of proving that compliance has been achieved or will be achieved through the exercise of best efforts. A party seeking disclosure under Section 48-57-50 has the burden of proving the condition for disclosure set forth in that section.
S.C. Code Ann. § 48-43-340 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-340
SECTION 48-43-340. Integration of separately owned tracts or separately owned interests.
Status: in_force

(A) When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of a spacing unit, the interested persons may integrate their tracts or interests for the development and operation of the spacing unit. In the absence of voluntary integration, the department upon the application of any interested person, shall make an order integrating all tracts or interests in the spacing unit for the development and operation thereof and for the sharing of production therefrom. The department, as a part of the order establishing a spacing unit or units, may prescribe the terms and conditions upon which the interest of the royalty owners in the unit or units shall, in the absence of voluntary agreement, be deemed to be integrated without the necessity of a subsequent separate order integrating the interest of the royalty owners. Each such integration order shall be upon terms and conditions that are just and reasonable. (B) All operations, including, but not limited to, the commencement, drilling, or operation of a well upon any portion of a spacing unit for which an integration order has been entered, shall be deemed for all purposes the conduct of such operations upon each separately owned tract or interest in the spacing unit by the several owners thereof. That portion of the production allocated to a separately owned tract or interest included in a spacing unit shall, when produced, be deemed, for all purposes, to have been actually produced from such tract or interest by a well drilled thereon. (C) Each such integration order shall authorize the drilling, equipping, and operation, or operation, of a well on the spacing unit; shall provide who may drill and operate the well; shall prescribe the time and manner in which all the owners in the spacing unit may elect to participate therein; and shall make provision for the payment by all those who elect to participate therein of the reasonable actual cost thereof, plus a reasonable charge for supervision and interest. If requested, each such integration order shall provide for one or more just and equitable alternatives whereby an owner who does not elect to participate in the risk and cost of the drilling and operation, or operation, of a well may elect to surrender his leasehold interest to the participating owners on some reasonable basis and for a reasonable consideration which, if not agreed upon, shall be determined by the department, or may elect to participate in the drilling and operation, or operation, of the well, on a limited or carried basis upon terms and conditions determined by the department to be just and reasonable. If one or more of the owners shall drill, equip, and operate, or operate, or pay the costs of drilling, equipping, and operating, or operating, a well for the benefit of another person as provided for in an order of integration, then such owner or owners shall be entitled to the share of production from the spacing unit accruing to the interest of such other person, exclusive of a royalty not to exceed one-eighth of the production except in the event that the state is the royalty owner in which case the royalty shall not exceed one-sixth of production until the market value of such other person's share of the production, exclusive of such royalty, equals the sums payable by or charged to the interest of such other person. If there is a dispute as to the costs of drilling, equipping, or operating a well, the department shall determine such costs. In instances where a well is completed prior to the integration of interests in a spacing unit, the sharing of production shall be from the effective date of the integration, except that, in calculating costs, credit shall be given for the value of the owner's share of any prior production from the well.
S.C. Code Ann. § 48-43-60 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-60
SECTION 48-43-60. Appeals.
Status: in_force

Any person, who is aggrieved and has a direct interest in the subject matter of any final order issued by the board, may appeal such order to the circuit court.
S.C. Code Ann. § 48-59-20 — SC Code / Title 48 / Chapter 59 / Section 48-59-20
SECTION 48-59-20. Purpose.
Status: in_force

The General Assembly finds that: (1) South Carolina is experiencing rapid land development and economic growth which has benefited the state's people and economy, but has also led to the loss of forestlands, farmlands, wildlife habitats, outstanding natural areas, beaches and public areas for outdoor recreation; and has impacted the health of the state's streams, rivers, wetlands, estuaries, and bays, all of which impacts the quality of life of the state's current and future citizens and may jeopardize the well-being of the state's environment and economy if not addressed appropriately. (2) This same rapid land development has also led to the loss of historical and archaeological sites that embody the heritage of human habitation in the State. (3) Additionally, as urban areas expand and the separation of urban residents from open lands increases, there is a need to preserve greenways, open space, and parks in urban areas in order to promote balanced growth and promote the well-being and quality of life of our state's citizens. (4) There is a critical need to fund the preservation of, and public access to, wildlife habitats, outstanding natural areas, sites of unique ecological significance, historical sites, forestlands, farmlands, watersheds, and open space, and urban parklands as an essential element in the orderly development of the State. (5) The protection of open space by acquisition of interests in real property from willing sellers is essential to ensure that the State continues to enjoy the benefits of wildlife habitats, forestlands, farmlands, parks, historical sites, and healthy streams, rivers, bays, and estuaries; for recreational purposes, for scientific study, for aesthetic appreciation, for protection of critical water resources, to maintain the state's position as an attractive location for visitors and new industry, and to preserve the opportunities of future generations to access and benefit from the existence of the state's outstanding natural and historical sites. (6) It is critical to encourage cooperation and innovative partnerships among landowners, state agencies, municipalities, and nonprofit organizations, which must work together in order to meet these objectives. (7) In order to carry out these purposes, the State must establish an ongoing funding source to acquire interests in land from willing sellers that meets these objectives and to ensure the orderly development of the State. To these ends, the General Assembly enacts the "South Carolina Conservation Bank Act".
S.C. Code Ann. § 48-1-100 — SC Code / Title 48 / Chapter 1 / Section 48-1-100
SECTION 48-1-100. Permits for discharge of wastes or air contaminants; jurisdiction of department.
Status: in_force

(A) A person affected by the provisions of this chapter or the rules and regulations adopted by the department desiring to make a new outlet or source, or to increase the quantity of discharge from existing outlets or sources, for the discharge of sewage, industrial waste or other wastes, or the effluent therefrom, or air contaminants, into the waters or ambient air of the State, first shall make an application to the department for a permit to construct and a permit to discharge from the outlet or source. If, after appropriate public comment procedures, as defined by department regulations, the department finds that the discharge from the proposed outlet or source will not be in contravention of provisions of this chapter, a permit to construct and a permit to discharge must be issued to the applicant. The department, if sufficient hydrologic and environmental information is not available for it to make a determination of the effect of the discharge, may require the person proposing to make the discharge to conduct studies that will enable the department to determine that its quality standards will not be violated. (B) The Department of Health and Environmental Control is the agency of state government having jurisdiction over the quality of the air and waters of the State of South Carolina. It shall develop and enforce standards as may be necessary governing emissions or discharges into the air, streams, lakes, or coastal waters of the State, including waste water discharges. (C) The Department of Health and Environmental Control is the agency of state government having jurisdiction over those matters involving real or potential threats to the health of the people of South Carolina, including the handling and disposal of garbage and refuse; septic tanks; and individual or privately-owned systems for the disposal of offal and human or animal wastes.
S.C. Code Ann. § 48-23-20 — SC Code / Title 48 / Chapter 23 / Section 48-23-20
SECTION 48-23-20. Terms of office of members of commission.
Status: in_force

The terms of office of the present members of the State Commission of Forestry are hereby extended from the thirtieth day of May to the thirtieth day of June of the year in which their present terms expire. The successor to the member whose term expires hereunder on June 30, 1953 shall be appointed for a term of five years from that date, and the successors to the members whose terms expire on June 30, 1954, 1955 and 1956, respectively, shall be for a period of six years, and thereafter all appointive members shall be appointed for a term of six years. The president of Clemson University shall continue a member of the Commission as long as he retains his office as president of the University.
S.C. Code Ann. § 48-43-360 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-360
SECTION 48-43-360. Submission of agreement for unit or cooperative development or operation to department.
Status: in_force

An agreement for the unit or cooperative development or operation of a field, pool or part thereof may be submitted to the department for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. Such approval shall constitute a complete defense to any suit charging violation of any statute of the State relating to trusts and monopolies on account thereof or on account of operations conducted pursuant thereto. The failure to submit such an agreement to the department for approval shall not for that reason imply or constitute evidence that the agreement or operations conducted pursuant thereto are in violation of laws relating to trusts and monopolies.
S.C. Code Ann. § 48-23-85 — SC Code / Title 48 / Chapter 23 / Section 48-23-85
SECTION 48-23-85. Power of commission to negotiate agreements with Federal Agencies for certain services on Federal lands.
Status: in_force

The Forestry Commission may negotiate agreements with Federal Agencies for providing fire, detection, presuppression, and suppression services on Federal lands. The charges for these services must be no less than the cost to the Commission for rendering the services. All receipts from services provided by the Commission must be used to offset the cost of providing the services. When the State Forester determines the assistance received from a federal agency on adjoining private or state lands equals that provided by the state on federal lands, no charges will be made.
S.C. Code Ann. § 48-52-440 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-440
SECTION 48-52-440. State Energy Office; distribution of federal funds; plans for use of funds; Energy Advisory Council; report.
Status: in_force

(A) All funds allocated or directed to this State by the federal government relating to energy planning, energy conservation, and energy efficiency must be allocated or directed to the State Energy Office in the Office of Regulatory Staff to be distributed in accordance with the provisions of this section; provided, however, that no funding from the following federal programs is subject to the provisions of this section: (1) the Low Income Home Energy Assistance Program (LIHEAP), created by Title XXVI of the Omnibus Budget Reconciliation Act of 1981 and codified as Chapter 94, Title 42 of the United States Code, as amended by the Human Services Reauthorization Act of 1984, the Human Services Reauthorization Act of 1986, the Augustus F. Hawkins Human Services Reauthorization Act of 1990, the National Institutes of Health Revitalization Act of 1993, the Low-Income Home Energy Amendments of 1994, the Coats Human Services Reauthorization Act of 1998, and the Energy Policy Act of 2005, which is administered and funded by the United States Department of Health and Human Services on the federal level and administered locally by community action agencies; or (2) the Weatherization Assistance Program, created by Title IV of the Energy Conservation and Production Act of 1976 and codified as Part A, Subchapter III, Chapter 81, Title 42 of the United States Code, amended by the National Energy Conservation Policy Act, the Energy Security Act, the Human Services Reauthorization Act of 1984, and the State Energy Efficiency Programs Improvement Act of 1990 and administered and funded by the United States Department of Energy on the federal level and administered locally by community action agencies. Nothing in this section changes the exclusive administration of the Low Income Home Energy Assistance Program and Weatherization Assistance Program by local community action agencies through the Department of Administration's Office of Economic Opportunity pursuant to its authority under the provisions of Chapter 45, Title 43, the Community Economic Opportunity Act of 1983. (B) All funds described in subsection (A) that are not exempted by items (1) and (2) must be distributed by the State Energy Office in the Office of Regulatory Staff in accordance with all requirements of federal law associated with these funds. Persons seeking to obtain funding for energy related programs must submit to the State Energy Office a plan for the use of the funds in a manner consistent with the provisions of this section. (C) Upon receipt of the plans required by subsection (B), the State Energy Office of the Office of Regulatory Staff must prepare an analysis of the plans and their consistency with the provisions of this section and submit that analysis to the Department Advisory Council for its review and recommendations. (D) There is hereby created in the Office of Regulatory Staff the Energy Advisory Council, which will advise the State Energy Office on all matters for which the State Energy Office is responsible and specifically with respect to its review of the annual plans required to be submitted pursuant to this section. The Advisory Council shall be composed of nine members as follows: (1) three appointed by the Governor, one of whom must have a substantial background in environmental or consumer protection matters; (2) three appointed by the President of the Senate, one of whom must have a substantial background in environmental or consumer protection matters; and (3) three appointed by the Speaker of the House of Representatives, one of whom must have a substantial background in environmental or consumer protection matters. All appointees must have backgrounds in environmental issues; the electricity, transportation, or natural gas industries; or economic development related to these sectors. (E) In evaluating the plans required by this section, the Advisory Council shall consider the extent to which the plans allocate funds in a cost effective manner and promote the following alternative sources of domestic energy or avoidance of consumption of energy: (1) the development of energy efficiency and conservation; (2) renewable sources of energy, including wind power, solar power, energy from biomass sources, and energy storage; (3) nuclear energy; and (4) alternative fuels or power sources for the transportation sector. In considering the cost-effectiveness of the plans the Advisory Council must consider the cost of the proposed measures as to the expected useful life of the measures being proposed and the impact of the proposed measures on consumers. For each proposed plan, the Advisory Council must consider the value of the avoided cost of complying with anticipated state and federal environmental regulations. (F) Upon completion of its review of plans submitted in compliance with this section, the Advisory Council must prepare a report describing the results of its review and submit copies of that report to the State Energy Office of the Office of Regulatory Staff and the Public Utility Review Committee of Article 5, Chapter 3, Title 58. (G) The Executive Director of the Office of Regulatory Staff shall make the final determinations of distributions of funds as required by this section, taking into account the recommendations of the Advisory Council. Grant awards shall be made in a manner consistent with this section. Effect of Amendment 2014 Act No. 121, SECTION 12, rewrote the section. 2019 Act No. 1, SECTION 58, in (D)(2), substituted "President of the Senate" for "President Pro Tempore of the Senate".
S.C. Code Ann. § 48-27-30 — SC Code / Title 48 / Chapter 27 / Section 48-27-30
SECTION 48-27-30. Qualifications of board members.
Status: in_force

Each member of the Board must be a citizen of the United States and a resident of this State. Each registered forester member must have been engaged in the practice of forestry for at least ten years.
S.C. Code Ann. § 48-1-210 — SC Code / Title 48 / Chapter 1 / Section 48-1-210
SECTION 48-1-210. Duties of Attorney General and solicitors.
Status: in_force

The Attorney General shall be the legal adviser of the Department and shall upon request of the Department institute injunction proceedings or any other court action to accomplish the purpose of this chapter. In the prosecution of any criminal action by the Attorney General and in any proceeding before a grand jury in connection therewith the Attorney General may exercise all the powers and perform all the duties which the solicitor would otherwise be authorized or required to exercise or perform and in such a proceeding the solicitor shall exercise such powers and perform such duties as are requested of him by the Attorney General.
S.C. Code Ann. § 48-27-40 — SC Code / Title 48 / Chapter 27 / Section 48-27-40
SECTION 48-27-40. Compensation and expenses of board members.
Status: in_force

Every member of the Board shall receive a per diem allowance when actually attending to the work of the Board or any of its committees and for the time spent in necessary travel and, in addition thereto, shall be reimbursed for all actual traveling, incidental and clerical expenses necessarily incurred in carrying out the provisions of this chapter.
S.C. Code Ann. § 48-46-90 — SC Code / Title 48 / Chapter 46 / Section 48-46-90
SECTION 48-46-90. Custody and maintenance of Barnwell site following closure.
Status: in_force

(A) In accordance with Section 13-7-30, the office, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The Department of Health and Environmental Control is responsible for continued site monitoring. (B) Nothing in this chapter may be construed to alter or diminish the existing statutory authority of the Department of Health and Environmental Control to regulate activities involving radioactive materials and radioactive wastes. Effect of Amendment 2014 Act No. 121, SECTION 7.II, in subsection (A), substituted "the office" for "the board".
S.C. Code Ann. § 48-1-115 — SC Code / Title 48 / Chapter 1 / Section 48-1-115
SECTION 48-1-115. Public notice of sludge storage facility construction permit.
Status: in_force

The department shall provide public notice before issuing a construction permit pursuant to Regulation 61-67 for a facility that stores sludge or other residuals, or any combination of these, that is not located at the site of a wastewater or sludge treatment facility permitted pursuant to Regulation 61-67. Public notice must be provided in accordance with Regulation 61-9.
S.C. Code Ann. § 48-20-70 — SC Code / Title 48 / Chapter 20 / Section 48-20-70
SECTION 48-20-70. Application for, and issuance of, operating permit.
Status: in_force

An operator desiring to engage in mining shall make written application to the department for an operating permit. The application must be on a form furnished by the department and must state fully the called for information. The applicant may be required to furnish other information as may be necessary to the department in order to enforce this chapter adequately. The application must be accompanied by a reclamation plan which meets the requirements of Section 48-20-90. No operating permit may be issued until the plan has been approved by the department pursuant to Section 48-20-90. The application for an operating permit must be accompanied by a signed agreement, in a form specified by the department, that if a bond forfeiture is ordered pursuant to Section 48-20-170, the department and its representatives and its contractors may make whatever entries on the permitted land and take whatever actions necessary to carry out reclamation which the operator has failed to complete. The department shall publish notice of an application for an operating permit or a substantial modification of an operating permit in a newspaper of general circulation in the area of the proposed mining activity and, to the extent practicable, shall notify the public of the application. The department shall afford all interested parties reasonable opportunity to submit data, views, or arguments orally or in writing regarding the proposed mining activity. Opportunity for public hearing must be granted if requested by ten persons or by a governmental subdivision or agency or by an association having not less than ten members and if the request for a hearing is based on sufficient technical reasons. The request for a public hearing must be made within fifteen calendar days from the latest date of public notice of an application. The department shall consider fully all written and oral submissions respecting the mining activity before final action by the department on the application for an operating permit. The department shall grant or deny the operating permit requested as expeditiously as possible but in no event later than sixty calendar days after the application form and any supplemental information required has been filed with the department. Priority consideration must be given to applicants who submit evidence that the mining proposed is for supplying materials for highway maintenance or highway construction. The department shall deny an operating permit upon finding that: (1) a requirement of this chapter or a regulation promulgated under it is to be violated by the proposed operation; (2) the operation will have undue adverse effects on wildlife or freshwater, estuarine, or marine fisheries; (3) the operation will violate standards of air quality, surface water quality, or groundwater quality which have been promulgated by the South Carolina Department of Health and Environmental Control; (4) the operation will constitute a substantial physical hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public property; (5) the operation will have a significantly adverse effect on the purposes of a publicly-owned park, publicly-owned forest, or publicly-owned recreation area; (6) previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution; or (7) the operator has not corrected all violations which he may have committed under an operating permit or certificate of exploration and which resulted in: (a) revocation of his permit; (b) forfeiture of part or all of his bond or other security; (c) conviction of a misdemeanor under Section 48-20-230; (d) any other court order issued under Section 48-20-230; or (e) issuance of a notice of uncorrected violations. In the absence of any such finding, an operating permit must be granted. An operating permit issued must be conditioned expressly on compliance with all requirements of the approved reclamation plan for the operation and with further reasonable and appropriate requirements and safeguards of the department to assure that the operation complies fully with the requirements and objectives of this chapter. The conditions may include a requirement of visual screening, vegetative or otherwise, so as to screen the view of the operation from public highways, public parks, or residential areas, if the department finds the screening to be feasible and desirable. Violation of the conditions must be treated as a violation of this chapter and constitutes a basis for suspension or revocation of the operating permit. An operator wishing modification of the terms and conditions of an operating permit or of the approved reclamation plan shall submit a request for modification in accordance with the provisions of Section 48-20-80. If the department denies an application for an operating permit, it shall notify the operator in writing, stating the reasons for its denial and modifications in the application which would make it acceptable. The operator may modify his application or file an appeal, as provided in Section 48-20-190, but the appeal may not be accepted more than thirty days after notice of disapproval has been mailed to him at the address shown on his application. Upon approval of an application, the department shall set the amount of the performance bond or other security which is to be required pursuant to Section 48-20-110. The operator shall have sixty days following the mailing of the notification in which to deposit the required bond or security with the department. The operating permit may not be issued until receipt of this deposit. In addition to the applicant, all individuals and organizations requesting in writing to be notified of final action concerning an operating permit must be notified by the department. The time limits for taking appeal may not be extended because of the timing of notices sent pursuant to this paragraph. When one operator succeeds to the interest of another in an uncompleted mining operation, by virtue of a sale, lease, assignment, or otherwise, the department may release the first operator from the duties imposed upon him by this chapter with reference to the operation and transfer the operating permit to the successor operator if both operators have complied with the requirements of this chapter and if the successor operator assumes the duties of the first operator with reference to reclamation of the land and posts a suitable bond or other security.
S.C. Code Ann. § 48-56-10 — SC Code / Title 48 / Chapter 56 / Section 48-56-10
SECTION 48-56-10. Purpose of chapter.
Status: in_force

It is the purpose of this chapter to: (1) create a voluntary pilot program by which the department may enter into not more than ten cooperative agreements with eligible participants to test and evaluate innovative environmental approaches to achieve superior environmental performance that are not otherwise authorized under existing South Carolina environmental law; (2) encourage public participation and consensus among interested persons in the development of innovative environmental approaches and in monitoring the environmental performance of participants in the pilot program; (3) determine whether innovative environmental approaches implemented through the pilot program result in environmental benefits such that changes in existing South Carolina law to allow these approaches are warranted; (4) ensure that participants in the pilot program are of the highest caliber in environmental leadership and that innovative environmental approaches included in the cooperative agreements as well as any other environmental requirements applicable to the participants will be fully met. Editor's Note 2002 Act No. 318, SECTION 2, provides as follows: "Notwithstanding any regulations of the Department of Health and Environmental Control or any provisions of law to the contrary, over-fill prevention devices are not required for the refilling of existing noncommercial propane gas tanks."
S.C. Code Ann. § 48-28-30 — SC Code / Title 48 / Chapter 28 / Section 48-28-30
SECTION 48-28-30. Definitions.
Status: in_force

As used in this chapter: 1. "Commission" shall mean the State Commission of Forestry. 2. "State Forester" shall mean the director of the State Commission of Forestry. 3. "Eligible landowner" shall mean a private individual, group, partnership, association, corporation or other legal entity which owns nonindustrial private forest lands capable of producing industrial wood crops. Where forest land is owned jointly by more than one individual, group, association or corporation, as tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purposes of this chapter, as one eligible landowner and shall be entitled to receive cost-sharing payments as provided herein. Private entities which engage in the business of manufacturing forest products, including, but not limited to, sawmills, pulp mills, paper mills, plywood plants, oleoresin plants or providing public utilities services of any type or the subsidiaries of such entities shall not be included in such definition but private individual forest landowners who are stockholders in such business are included. 4. "Eligible lands" shall mean land owned by an eligible landowner. 5. "Cost-sharing payment" shall mean financial assistance to partially cover the cost of implementing approved practices in such amounts as the State Forester shall determine, subject to the limitations of this chapter. 6. "Approved practices" shall mean those silvicultural practices approved by the State Forester for the purpose of commercially growing timber through the establishment of forest stands or of ensuring the proper regeneration of forest stands to commercial production levels following the harvest of timber. Such practices shall include those required to accomplish site preparation, natural and artificial reforestation, noncommercial removal of undesirable vegetation for silvicultural purposes and cultivation of established young growth of desirable trees. In each case, approved practices shall be determined by the needs of the individual forest stand. These practices shall include existing practices and such practices as are developed in the future to ensure both maximum forest productivity and environmental protection. 7. "Approved forest management plan" shall mean a forest management plan approved by the State Forester for an eligible landowner. Such plan shall include forest management practices to ensure both maximum forest productivity and environmental protection of the lands to be treated under the management plan. 8. "Forest renewal fund" shall mean the special nonlapsing fund provided by SECTION 48-28-100 established in the Commission designated as the forest renewal fund. 9. "Forest renewal assessment" shall mean an assessment on primary forest products from timber severed in South Carolina for the funding of the provisions of this chapter. 10. "Slippage" shall mean the difference in funds earmarked in the management plan for an approved practice and funds actually earned when the practice is completed.
S.C. Code Ann. § 48-59-50 — SC Code / Title 48 / Chapter 59 / Section 48-59-50
SECTION 48-59-50. Bank powers and duties; executive director.
Status: in_force

(A) The bank is established and authorized to: (1) award grants to eligible trust fund recipients for the purchase of interests in land, so long as the grants advance the purposes of this chapter and meet criteria contained in Section 48-59-70; (2) make loans to eligible trust fund recipients for the purchase of interests in land, at no interest or at an interest rate determined by the board, and under terms determined by the board, so long as the loans advance the purposes of this chapter and meet criteria contained in Section 48-59-70; (3) apply for and receive additional funding for the trust fund from federal, private, and other sources, to be used as provided in this chapter; (4) receive charitable contributions and donations to the trust fund, to be used as provided in this chapter; (5) receive contributions to the trust fund in satisfaction of any public or private obligation for environmental mitigation or habitat conservation, 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 chapter; (6) exercise its discretion in determining what portion of trust funds shall be expended, awarded, or loaned in any particular year, and what portion of trust funds shall remain in the trust fund from one fiscal year to the next. Funds within the trust fund shall be invested or deposited into interest-bearing instruments or accounts, with the interest accruing and credited to the fund; and (7) when requested, collaborate and advise on mitigation efforts between state agencies and other parties to help ensure that mitigation efforts are consistent with the purposes set forth in this chapter. (B) To carry out its functions, the bank shall: (1) operate a program in order to implement the purposes of this chapter; (2) develop additional guidelines and prescribe procedures, consistent with the criteria and purposes of this chapter, as necessary to implement this chapter; (3) submit an annual report to the Governor, Lieutenant Governor, and General Assembly that: (a) accounts for trust fund receipts and dispersals; (b) briefly describes applications submitted to the bank, and in greater detail describes grants and loans that were approved or funded during the current year, and the public benefits, including public access, resulting from such grants and loans; (c) describes recipients of trust fund grants and loans; and (d) sets forth a list and description of all grants and loans approved, and all acquisitions of land or interests in land obtained with trust funds since the bank's inception. The report shall include a map setting forth the location and size of all such protected lands; (4) have an annual audit of the Conservation Bank and Conservation Bank Trust Fund conducted by outside independent certified public accountants and submitted to the Governor, Lieutenant Governor, and General Assembly. The accounting of trust fund receipts and expenditures required above shall be part of this annual audit; and (5) develop conservation criteria to be used, in addition to the criteria set forth in Section 48-59-70(D), that advance and support federal, state, and local conservation goals, plans, objectives, and initiatives. In order to assist in the development of conservation criteria, the bank must coordinate with the appropriate groups to integrate the goals, plans, objectives, and initiatives, as well as land use patterns, into a statewide conservation map. The map must be created by July 1, 2019, and the criteria and map must be reviewed no less than every ten years thereafter. The criteria list and map must be submitted to the General Assembly annually. (C)(1) To operate the bank and carry out the purposes of this chapter the board shall hire an executive director with the advice and consent of the Senate, and may hire staff, contract for services, and enter into cooperative agreements with other state agencies. The executive director must possess experience in the areas of natural resources, land development, forestry, finance, land conservation, real estate, or law. The executive director must notify the municipality and county where the land is located upon receipt of the application. However, the bank may not contract for services that include land management or the enforcement of conservation easements, nor may the bank contract for services with an eligible trust fund recipient or nonprofit organization. Enforcement of conservation easements and management of interest in land acquired with trust funds are the sole responsibility of the owner or eligible trust fund recipient. (2) A board member or member of the General Assembly or member of his immediate family may not be hired to serve as executive director while the member is serving on the board or in the General Assembly unless the member either: (a) ceases to be a member of the board or the General Assembly; or (b) is not reappointed in accordance with Section 48-59-40 or fails to file for election to the General Assembly in accordance with Section 7-11-15. Also, a lobbyist or member of his immediate family may not be hired to serve as the executive director for a period of one year after the person ceases to be a lobbyist. For purposes of this paragraph, the definitions provided in Chapter 17, Title 2 apply. (D) Operating expenses of the bank must be paid out of the trust fund. (E) The bank may not award a grant or make a loan unless the funds for the grant or loan are in the trust fund at the time of the award. However, the bank may make an award for an extraordinary conservation opportunity in excess of the funds in the trust fund. Such awards must be approved by a two-thirds vote of the board members and go before the Joint Bond Review Committee to review the application for an extraordinary conservation opportunity and make a recommendation for approval or denial before the funds may be used. These awards may cross fiscal years and, in certain situations, may rely on anticipated funds. Editor's Note 2002 Act No. 200, SECTION 8, provides as follows: "The Board of the Conservation Bank shall perform a biennial review of the plight of land loss by small landowners and holders of heirs' property. The results of this review, upon completion, must be published in an official board report and submitted to the South Carolina General Assembly for its use." Effect of Amendment 2018 Act No. 224, SECTION 3, in (A), in (1) and (2), substituted "Section 48-59-70" for "Section 48-59-60", and added (7), relating to collaboration between state agencies; in (B), added (5), authorizing the bank to develop conservation criteria to advance and support conservation goals; in (C), inserted the (1) designator, in the first sentence, inserted "with the advice and consent of the Senate" following "hire an executive director", inserted the second and third sentences, relating to qualifications and responsibilities of the executive director, and inserted (2), providing certain restrictions on who may serve as executive director; added (E), prohibiting the award of a grant or loan unless the funds are presently available in a trust fund; and made nonsubstantive changes throughout.
S.C. Code Ann. § 48-27-80 — SC Code / Title 48 / Chapter 27 / Section 48-27-80
SECTION 48-27-80. Bylaws of board; rules of procedure.
Status: in_force

The Board may adopt and amend all bylaws and rules of procedure, not inconsistent with the Constitution and laws of this State, which may be reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it.
S.C. Code Ann. § 48-35-10 — SC Code / Title 48 / Chapter 35 / Section 48-35-10
SECTION 48-35-10. Starting fire in woodlands, grasslands, and other places unlawful unless certain precautions are taken.
Status: in_force

It shall be unlawful for any owner or lessee of land or any employee of such owner or lessee or other person to start, or cause to be started, a fire in any woodlands, brushlands, grasslands, ditchbanks, or hedgerows or in any debris, leaves or other flammable material adjacent thereto, except under the following conditions: (a) Proper notification shall be given to the State Forester, or his duly authorized representative or other persons designated by the State Forester. The notice shall contain all information required by the State Forester or his representative. (b) Such persons shall have cleared around the area to be burned and have immediately available sufficient equipment and personnel to adequately secure the fire and prevent its spread. (c) The person starting the burning shall supervise carefully the fire started and have it under control prior to leaving the area.
S.C. Code Ann. § 48-43-370 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-370
SECTION 48-43-370. Permit required for drilling oil or gas well.
Status: in_force

(A) The department shall require that all persons who desire to drill oil or gas wells obtain a permit for each well proposed to be drilled prior to the commencement of any drilling operations. The drilling of any well is hereby prohibited until a permit is granted by the department. (B) No permit to drill a gas or oil well shall be granted within the corporate limits of any municipality, unless the governing authority of the municipality shall have first duly approved the issuance of such permit by resolution. (C) No permit to drill a gas or oil well on any beach shall be granted by the department.
S.C. Code Ann. § 48-20-220 — SC Code / Title 48 / Chapter 20 / Section 48-20-220
SECTION 48-20-220. Cease and desist orders; restraining orders or injunctions; civil penalties.
Status: in_force

Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator engages in mining without obtaining a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the department may issue an immediate cease and desist order. A cease and desist order also may be issued against an operator who is engaged in mining before his receipt of written notification from the department that he is eligible to mine under the authority of a general permit for areas over two acres, or for not complying with the requirements of the general permit during mining. In addition to the issuance of the order, the department may seek a restraining order or injunction pursuant to Section 48-20-230. Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator conducts mining without a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the explorer or operator may be subject to a civil penalty assessed by the department of not more than one thousand dollars for each offense. Civil penalties may be levied against an operator who is engaged in mining before his receipt of written notification from the department that he is eligible to mine under the authority of a general permit or for not complying with the requirements of the general permit during mining. Each day of continued violation after issuance of a cease and desist order may be considered a further and separate offense. The severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation must be considered in determining the amount of the civil penalty. Orders and penalties issued pursuant to this section may be appealed under Section 48-20-190.
S.C. Code Ann. § 48-1-240 — SC Code / Title 48 / Chapter 1 / Section 48-1-240
SECTION 48-1-240. Chapter remedies are cumulative; estoppel.
Status: in_force

It is the purpose of this chapter to provide additional and cumulative remedies to abate the pollution of the air and waters of the State and nothing herein contained shall abridge or alter rights of action in the civil courts or remedies existing in equity or under the common law or statutory law, nor shall any provision in this chapter or any act done by virtue of this chapter be construed as estopping the State, persons or municipalities, as riparian owners or otherwise, in the exercise of their rights under the common law, statutory law or in equity to suppress nuisances or to abate any pollution.
S.C. Code Ann. § 48-20-10 — SC Code / Title 48 / Chapter 20 / Section 48-20-10
SECTION 48-20-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Mining Act".
S.C. Code Ann. § 48-39-148 — SC Code / Title 48 / Chapter 39 / Section 48-39-148
SECTION 48-39-148. Certain businesses permitted to utilize commercial decks or marinas.
Status: in_force

Notwithstanding any statutory or regulatory provision of law to the contrary, including any provision of or authorized by this chapter, a business that contains a grandfathered or permitted commercial deck or marina that is located in a critical area may utilize such structure for purposes of providing food and beverage services for consumption by patrons of the business.
S.C. Code Ann. § 48-57-100 — SC Code / Title 48 / Chapter 57 / Section 48-57-100
SECTION 48-57-100. Voluntary disclosure.
Status: in_force

(A) If a person or entity makes a voluntary disclosure of an environmental compliance violation of the state's laws, or the federal, regional, or local counterpart or extension of these laws, that person has the burden of proving that the disclosure is voluntary by establishing the elements in Section 48-57-100(B) and that the person is therefore entitled to immunity from any administrative or civil penalties associated with the issues disclosed. Nothing in this section may be construed to provide immunity from criminal penalties. (B) For purposes of this section, disclosure is voluntary if: (1) the disclosure is made within fourteen days following a reasonable investigation; (2) the disclosure is made to an agency having regulatory authority with regard to the violation disclosed; (3) the person or entity making the disclosure initiates an action to resolve the violation identified in the disclosure in a diligent manner; (4) the person or entity making the disclosure cooperates with the appropriate agency in connection with investigation of the issues identified in the disclosure; and (5) the person or entity making the disclosure diligently pursues compliance and promptly corrects the noncompliance within a reasonable time. (C) A disclosure is not voluntary for purposes of this section if: (1) specific permit conditions require monitoring or sampling records and reports or assessment plans and management plans to be maintained or submitted to the department pursuant to an established schedule; (2) specific permit conditions, final departmental orders, or environmental laws require notification of releases to the environment; (3) the violation was committed intentionally, wilfully, or through criminal negligence by the person or entity making the disclosure; (4) the violation was not corrected in a diligent manner; (5) significant environmental harm or a public health threat was caused by the violation; (6) the violation occurred within one year of a similar prior violation at the same facility and immunity from civil and administrative penalties was granted by the department for the prior violation; (7) the violation has resulted in a substantial economic benefit which gives the violator a clear economic advantage over its business competitors; or (8) the violation is a violation of the specific terms of a judicial or administrative order. (D) If a person meets the burden of proving that the disclosure is voluntary, the burden shifts to the government to prove that the disclosure was not voluntary, based upon the factors set forth in this section. The person claiming immunity under this chapter retains the ultimate burden of proving the voluntariness of the disclosure. (E) A voluntary disclosure made pursuant to this section is subject to disclosure by the agency pursuant to the South Carolina Freedom of Information Act. (F) Final waiver of penalties and fines is not granted until full compliance has been certified by the department as occurring in a reasonable time. If full compliance is not certified by the department, the department shall retain discretion to assess penalties based on the department's Uniform Enforcement Policy.
S.C. Code Ann. § 48-2-20 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-20
SECTION 48-2-20. Definitions.
Status: in_force

As used in this article: (1) "South Carolina Environmental Protection Fund" or "fund" means a special account established within the Treasurer's Office in which is deposited all fees as authorized by this article to be collected for the department's environmental programs. (2) "Department" means the South Carolina Department of Health and Environmental Control.
S.C. Code Ann. § 48-9-1250 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1250
SECTION 48-9-1250. Employees and agents; delegation of powers and duties; legal services.
Status: in_force

The commissioners may employ such additional employees and agents, permanent and temporary, as they may require and shall determine their qualifications, duties and compensation. The commissioners may delegate to their chairman or to one or more agents, or employees such powers and duties as they may deem proper. The commissioners may call upon the Attorney General of the State for such legal services as they may require or may employ their own counsel and legal staff. Effect of Amendment 2019 Act No. 74, SECTION 7, deleted the first sentence, which provided that each country agricultural agent may be the secretary to the board of commissioners of each district within his county, and in the second sentence, deleted "may also utilize in other respects the services of the agricultural agents and the facilities of the county agricultural agent's officers insofar as practicable and feasible and" following "The commissioners".
S.C. Code Ann. § 48-1-140 — SC Code / Title 48 / Chapter 1 / Section 48-1-140
SECTION 48-1-140. Revision or modification of national pollutant discharge elimination system or final compliance date for stationary source or class or sources of air pollution.
Status: in_force

(a) The Department may, after notice and opportunity for a public hearing, revise or modify a national pollutant discharge elimination system permit in accordance with the procedures and criteria set out in Sections 301(c), 302 and 316(a) of the Federal Water Pollution Control Act Amendments of 1972. (b) The Department may, after notice and opportunity for a public hearing, revise or modify a final compliance date for any stationary source or class or sources of air pollution whether contained in regulations or a compliance order, if the Department determines that (1) good faith efforts have been made to comply with such requirement before such date; (2) such source (or class) is unable to comply with such requirement because the necessary technology or other alternative methods of control are not reasonably available or have not been available for a sufficient period of time; (3) any available alternative operating procedures and interim control measures have reduced or will reduce the impact of such source on public health; (4) the continued operation of such source is essential to national security or to the public health or welfare. Provided, however, that where the compliance date is one prescribed in the State Implementation Plan, the findings and recommendations of the Department shall be submitted to the Governor for transmittal to the Administrator of the Federal Environmental Protection Agency or his designated representative for his concurrence or rejection. Rejection by the administrator may constitute grounds for rejection of a request for modification or revisions of such compliance requirement. (c) Any determination under items (a) or (b) of this section shall (1) be made on the record after notice to interested persons and opportunity for hearing, (2) be based upon a fair evaluation of the entire record at such hearing, and (3) include a statement setting forth in detail the findings and conclusions upon which the determination is based.
S.C. Code Ann. § 48-39-180 — SC Code / Title 48 / Chapter 39 / Section 48-39-180
SECTION 48-39-180. Judicial review of permit determinations.
Status: in_force

Any applicant whose permit application has been finally denied, revoked, suspended or approved subject to conditions of the department, or any person adversely affected by the permit, may obtain judicial review as provided in Chapter 23 of Title 1, or may file a petition in the circuit court having jurisdiction over the affected land for a review of the department's action "de novo" or to determine whether the department's action so restricts or otherwise affects the use of the property as to deprive the owner of its existing practical use and is an unreasonable exercise of the state's police power because the action constitutes the equivalent of taking without compensation. If the court finds the action to be an unreasonable exercise of the police power it shall enter a finding that the action shall not apply to the land of the plaintiff, or in the alternative, that the department shall pay reasonable compensation for the loss of use of the land. The use allowed by any permit issued under this chapter may, in the discretion of the court, be stayed pending decision on all appeals that may be taken. The court may in its discretion require that a reasonable bond be posted by any person.
S.C. Code Ann. § 48-3-10 — SC Code / Title 48 / Chapter 3 / Section 48-3-10
SECTION 48-3-10. Definitions.
Status: in_force

Whenever used in this chapter, unless a different meaning clearly appears from the context, the following terms, whether used in the singular or plural, shall be given the following meanings: (1) "Bonds" shall include notes, bonds, refunding notes or bonds, and other obligations authorized to be issued by this chapter. (2) "Governing board" shall mean the governing bodies of the several counties and incorporated municipalities of the State as now or hereafter constituted; and in the event that any pollution control facilities shall be located in more than one county, the term "governing board" shall also relate to the governing bodies of the several counties wherein such pollution control facilities shall be located. (3) "Pollution control facilities" shall mean any facilities which are designed for the elimination, mitigation or prevention of air or water pollution, and shall include all things which are required to collect, treat and thereafter dispose of all waste of any sort originating in or about any industrial enterprise. Pollution control facilities may include facilities designed both for water and air pollution. Pollution control facilities may be constructed as part of, and may include, facilities also designed for the recovery of chemicals or to serve some other purpose, but which also contribute to the elimination, mitigation or prevention of air or water pollution. It is not intended that the meaning of pollution control facilities shall be limited to only those facilities which can be financed under the provisions of the Internal Revenue Code by the issuance of tax exempt bonds. Pollution control facilities financed pursuant to this chapter by an incorporated municipality shall not be a part of such municipality's municipal water or sewer system. (4) "Industry" shall mean any person, firm or corporation operating any enterprise or facility for the manufacturing, processing, assembling, distributing or shipping of any type of product, from which operation, conditions result which would, unless eliminated, mitigated or prevented, bring about the pollution of the atmosphere or which would create water pollution problems. (5) "Authority" shall mean the State Fiscal Accountability Authority of South Carolina. (6) "Department" shall mean the Department of Health and Environmental Control of South Carolina. (7) "Loan agreement" shall mean any agreement including without limitation an agreement, whereby a county or incorporated municipality shall lease pollution control facilities to the industry, made by and between the governing board and the industry by which the industry agrees to pay to (and to secure if so required) the county or the incorporated municipality, as the case may be, or to any assignee thereof, the sums required to meet the payment of the principal, interest and redemption premium, if any, on any bonds. 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. § 48-14-120 — SC Code / Title 48 / Chapter 14 / Section 48-14-120
SECTION 48-14-120. Authority of implementing agencies to accept assistance; fee system to fund programs; establishment of stormwater utilities.
Status: in_force

(A) The implementing agencies are authorized to receive from federal, state, or other public or private sources financial, technical, or other assistance for use in accomplishing the purposes of this chapter. (B) The implementing agency has authority to adopt a fee system to help fund program administration. A fee system may be adopted by the implementing agency to help to fund overall program management, plan review, construction review, enforcement actions, and maintenance responsibilities. In those situations where the department becomes the implementing agency, the department may assess a plan review and inspection fee. Fees must be based upon the costs to the implementing agency to implement and administer the program. The implementing agency is granted authority to expend the funds it collects from the fee system to administer the provisions of this chapter. The department shall not assess a local government a plan review and inspection fee. (C) Authority is granted to local governments to establish a stormwater utility. The stormwater utility may fund such activities as watershed master planning, facility retrofitting, and facility maintenance. This funding shall occur through the establishment of a fee system or tax assessment that must be reasonable and equitable. Criteria for the implementation of the stormwater utility must be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the adoption of a local utility ordinance prior to its implementation.
S.C. Code Ann. § 48-39-280 — SC Code / Title 48 / Chapter 39 / Section 48-39-280
SECTION 48-39-280. Beach preservation policy established; notice requirements; appeals procedures.
Status: in_force

(A) A policy of beach preservation is established. The department must implement this policy and utilize the best available scientific and historical data in the implementation. The department must establish a baseline that parallels the shoreline for each standard erosion zone and each inlet erosion zone. (1) The baseline for each standard erosion zone is established at the location of the crest of the primary oceanfront sand dune in that zone. (a) If the primary ocean front sand dune is more than two hundred feet landward of the current line of stable vegetation, then the baseline must be established seaward of the primary oceanfront sand dune at a distance equal to thirty percent of the measured distance from the primary oceanfront sand dune to the current line of stable vegetation. (b) If there is no primary oceanfront sand dune, then the baseline must be established at whichever is further landward of the following: (i) the most seaward of the locations specified in item (4); or (ii) the landward edge of the active beach. (c) If the shoreline has been altered naturally or artificially by the construction of erosion control devices, then the baseline must be established by the department using the best scientific and historical data, as where the crest of the primary oceanfront sand dune for that zone would be located if the shoreline had not been altered. (2) The baseline for inlet erosion zones that are not stabilized by jetties, terminal groins, or other structures must be determined by the department as the most landward point of erosion at any time during the past forty years, unless the best available scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position. In collecting and utilizing the best scientific and historical data available for the implementation of the beach preservation policy, the department, as part of the State Comprehensive Beach Management Plan provided for in this chapter, among other factors, must consider historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets. (3) The baseline within inlet erosion zones that are stabilized by jetties, terminal groins, or other structures must be determined in the same manner as provided for in item (1). However, the actual location of the crest of the primary oceanfront sand dune of that erosion zone is the baseline of that zone, not the location if the inlet had remained unstabilized. (4) A baseline established pursuant to this section must not move seaward from the most seaward location of the following: (a) the location of the baseline as established during the 2008 through 2012 establishment cycle; (b) the location of the baseline as proposed by the department on October 6, 2017; and (c) the location of the proposed October 6, 2017, baseline as revised by the department pursuant to a review or an appeal initiated before January 1, 2018. (B) To implement the beach preservation policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the department as a part of the State Comprehensive Beach Management Plan. (C) The department must establish baselines and setback lines for all geographic areas where baselines and setback lines were established on or before January 31, 2012. The baselines and setback lines must be established anew during establishment cycles that are not less than every seven years, but not more than every ten years following a previous establishment cycle and must be based upon the best available data. Until the department establishes new baselines and setback lines for a geographic area, the existing baselines and setback lines for the geographic area must be used. (D)(1) In each new establishment cycle of the baselines and setback lines, the department must: (a) stagger the establishment of the baselines and setback lines by geographic area and provide a tentative schedule of establishment for each geographic area on the department's website at least one hundred twenty days prior to beginning a new establishment cycle; (b) publish proposed locations of baselines and setback lines for a geographic area on the department's website for public input at least one hundred twenty days prior to establishing the baselines and setback lines for the geographic area; (c) on the date of the publication of the proposed locations of baselines and setback lines for a geographic area: (i) provide notice of the publication in a newspaper of general statewide circulation and a newspaper of local circulation in the geographic area; and (ii) make readily available to the public, including on the department's website, the information and raw data that the department used to determine the locations of the proposed baselines and setback lines and explanations for these determinations; (d) hold at least one public hearing in the county or municipality of a geographic area at least ninety days prior to establishing the baselines and setback lines for the geographic area; and (e) accept and review data up to thirty days prior to establishing baselines and setback lines for a geographic area to determine if a proposed baseline or setback line for the geographic area should be revised. (2) Baselines and setback lines for a geographic area are in effect upon the date of establishment and are subject to review pursuant to the provisions of subsection (F). (E)(1) In order to locate the baselines and the setback lines, the department must establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The department must acquire sufficient surveyed topographical information on which to locate the baselines. (2) Surveyed topographical data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near-term development and in areas currently developed, the interval, at the discretion of the department, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dune to be used as the baseline for computing the forty-year erosion rate. (3) The department, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude significant development, or both. (4) If an erosion zone incurs extraordinary erosion due to the impact of a storm system or event named by the National Weather Service after June 1, 2018, then data collected from the erosion zone within eighteen months of the date of impact of the storm system or event must not be used to locate the crests of primary oceanfront sand dunes or to establish baselines pursuant to subsection (A)(1) and (A)(3). (F)(1) A landowner claiming ownership of property adversely affected by the establishment of a baseline or setback line, upon submittal of substantiating evidence, must be granted a review of the baseline or setback line. Alternatively, the municipality or county in which the property is situated, acting on behalf of the landowner with his written authorization, or an organization acting on behalf of the landowner with his written authorization, upon submittal of substantiating evidence, must be granted a review of the baseline and setback line. A review is initiated by filing a request for a review conference with the department board via certified mail within one year of the establishment of the baseline or setback line and must include a one hundred-dollar-review fee per property. (2) The initial decision to establish a baseline or setback line must be a department staff decision. (3) No later than sixty calendar days after the receipt of a request for review, the board must: (a) decline to schedule a review conference in writing; or (b) conduct a review conference in accordance with the provisions of item (4). (4) A review conference may be conducted by the board, its designee, or a committee of three members of the board appointed by the chair. The board shall set the place, date, and time for the conference; give twenty calendar days' written notice of the conference; and advise the landowner or the county, municipality, or organization acting on behalf of the landowner that evidence may be presented at the conference. The review conference must be held as follows: (a) Review conferences are open to the public; however, the officers conducting the conference may meet in closed session to deliberate on the evidence presented at the conference. The burden of proof in a conference is upon the landowner or the county, municipality, or organization acting on behalf of the landowner. During the course of the review conference, the staff must explain the staff decision and the materials relied upon to support its decision. The landowner or the county, municipality, or organization acting on behalf of the landowner shall state the reasons for contesting the staff decision and may provide evidence to support amending the staff decision. The staff may rebut information and arguments presented by the landowner or the county, municipality, or organization acting on behalf of the landowner, and the landowner or the county, municipality, or organization acting on behalf of the landowner may rebut information and arguments presented by the staff. Any review conference officer may request additional information and may question the landowner or the county, municipality, or organization acting on behalf of the landowner and the staff. (b) After the review conference, the board, its designee, or a committee of three members of the board appointed by the chair shall issue, based upon the evidence presented, a written decision to the landowner or the county, municipality, or organization acting on behalf of the landowner via certified mail no later than thirty calendar days after the date of the review conference. The written decision must explain the basis for the decision and inform the landowner or the county, municipality, or organization acting on behalf of the landowner of the right to request a contested case hearing before the Administrative Law Court. (5) The landowner or the county, municipality, or organization acting on behalf of the landowner may file a request with the Administrative Law Court, in accordance with Chapter 23, Title 1, for a contested case hearing within thirty calendar days after: (a) written notice is received by the landowner or the county, municipality, or organization acting on behalf of the landowner that the board declines to hold a review conference; (b) the sixty-calendar-day deadline to hold the review conference has lapsed and no conference has been held; or (c) the final agency decision resulting from the review conference is received by the landowner or the county, municipality, or organization acting on behalf of the landowner." 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 2016 Act No. 197, SECTION 3, rewrote the section, so as to prohibit the baseline from moving seaward from the position determined on December 31, 2017, and to eliminate the right to petition the administrative law court to move the baseline seaward upon completion of a beach renourishment project. 2018 Act No. 173, SECTION 4, rewrote the section, implementing a beach preservation policy, prohibiting the seaward movement of a baseline from a certain location, establishing that the Department of Health and Environmental Control must establish baselines and setback lines for certain areas, and establishing guidelines for review. 2021 Act No. 41, SECTION 1, rewrote (A)(1). 2021 Act No. 41, SECTION 2, in (E)(2), deleted the fourth sentence, which related to a study requirement in cases where primary oceanfront sand dunes did not exist.
S.C. Code Ann. § 48-59-70 — SC Code / Title 48 / Chapter 59 / Section 48-59-70
SECTION 48-59-70. Trust fund grants or loans for land interests; application; conservation criteria.
Status: in_force

(A) An eligible trust fund recipient may apply for a grant or loan from the trust fund to acquire a specific interest in land identified in its application. An application must not be submitted to the board without the written consent of the owner of the interest in land identified in the application and a detailed statement of applicable fees and costs of the acquisition of the interest in the land including, but not limited to, finders' fees, real estate commissions, and closing fees. The executive director must notify the municipality and county where the land is located upon receipt of the application. Contiguous landowners and other interested parties may submit in writing to the board their views in support of or in opposition to the application. The board must hold a public hearing on the application at which the eligible trust fund recipient, contiguous landowners, and other interested parties shall be heard. Interested parties include representatives of the municipality, county, and public or private utilities in the area wherein the property is located. The board shall conduct a public hearing on an application before awarding a grant or loan pursuant to the application. (B) Before applying for trust funds for the purchase of an interest in land, the eligible trust fund recipient receiving the funds must notify the owner of the land that is the subject of the trust fund grant or loan of the following in writing: (1) that interests in land purchased with trust funds result in a permanent conveyance of such interests in land from the landowner to the eligible trust fund recipient or its assigns; and (2) that it may be in the landowner's interest to retain independent legal counsel, appraisals, and other professional advice. The application must contain an affirmation that the notice requirement of this subsection has been met. (C) Grants and loans from the trust fund must be awarded based upon the conservation criteria contained in subsection (D) and the financial criteria contained in subsection (E). In each application the qualifying entity must provide information regarding how the proposal meets one or more of the following criteria and advances the purposes of the bank. (D) For purposes of this chapter, conservation criteria include: (1) the value of the proposal for the conservation of unique or important wildlife habitat; (2) the value of the proposal for the conservation of any rare or endangered species; (3) the value of the proposal for the conservation of a relatively undisturbed or outstanding example of an ecosystem indigenous to South Carolina; (4) the value of the proposal for the conservation of riparian habitats, wetlands, water quality, watersheds of significant ecological value, critical aquifer recharge areas, estuaries, bays, or beaches; (5) the value of the proposal for the conservation of outstanding geologic features; (6) the value of the proposal for the conservation of a site of unique historical or archaeological significance; (7) the value of the proposal for the conservation of an area of critical forestlands, farmlands, or wetlands; (8) the value of the proposal for the conservation of an area of forestlands or farmlands which are located on prime soils, in microclimates or have strategic geographical significances; (9) the value of the proposal for the conservation of an area for public outdoor recreation, greenways, or parkland; (10) the value of the proposal for the conservation of a larger area or ecosystem already containing protected lands, or as a connection between natural habitats or open space that are already protected; (11) the value of the proposal for the amount of land protected; (12) the value of the proposal for the unique opportunity it presents to accomplish one or more of the criteria contained in this subsection, where the same or a similar opportunity is unlikely to present itself in the future; and (13) the value of the proposal for access to the public. (E) For purposes of this chapter, financial criteria include: (1) the degree to which the proposal presents a unique value opportunity in that it protects land at a reasonable cost; (2) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from other governmental sources; (3) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from private or nonprofit sources, or charitable donations of land or conservation easements; (4) the degree to which the proposal leverages trust funds by purchasing conservation easements that preserve land at a cost that is low relative to the fair market value of the fee simple title of the land preserved; and (5) the degree to which other conservation incentives and means of conservation, such as donated conservation easements or participation in other governmental programs, have been explored, applied for, secured, or exhausted. (F)(1) The board shall evaluate each proposal according to the conservation criteria listed in subsection (D), the financial criteria listed in subsection (E), and the extent to which the proposal provides public access for hunting, fishing, outdoor recreational activities, and other forms of public access. The board shall award grants or loans on the basis of how well proposals meet these three criteria. (2) The chairman shall establish a grant review committee to review, comment, and make recommendations on proposals received by the bank. The chairman shall appoint five members of the board to serve on the committee for a term of no more than one year, and no member may serve consecutive terms. (G) For each grant or loan application the applicant shall specify: (1) the purpose of the application; (2) how the application satisfies criteria listed in subsections (D), (E), and (F); (3) the uses to which the land will be put; (4) the extent to which hunting, fishing, or other forms of outdoor recreation will be conducted upon the land; (5) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land; (6) the party responsible for managing and maintaining the land; (7) the parties responsible for enforcing any conservation easements or other restrictions upon the land; (8) the extent to which the public is afforded access on the land, including documentation that clearly specifies: (i) the level of public access on the land; (ii) limitations on public access to the land and the reason for the limit; and (iii) the manner in which the public access will be maintained and monitored. (H) Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire fee simple title to land, it must demonstrate both the expertise and financial resources to manage the land for the purposes set forth in its application. Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire a conservation easement, it must demonstrate both the expertise and financial resources to manage and enforce the restrictions placed upon the land for the purposes set forth in its application. The board shall evaluate each proposal to determine the qualifications of the proposed managing party and to determine whether the proposed management is consistent with the purposes of the bank and the purposes set forth in the application. (I) An eligible trust fund recipient seeking a grant or loan from the trust fund must: (1) demonstrate that it is able to complete the project and acquire the interests in land proposed; (2) indicate the total number of acres of land it has preserved in the State; and (3) briefly describe the lands it has preserved in the State, including their size, location, and method of preservation. The reporting requirement of this subsection need not be complied with for specific preserved lands when in the grant or loan applicant's discretion, or in the discretion of the owners of such preserved lands, the privacy or proprietary interests of the owners of such preserved lands would be violated. (J) Partnerships, matching contributions, management agreements, management leases, and similar collaborations among state agencies, the federal government, eligible trust fund recipients, and local governments, boards, and commissions may be encouraged to fulfill the requirements of this section and promote the objectives of this chapter. (K) No matching funds or other contributions are required to receive grants or loans from the trust fund. However, the board shall encourage matching funds and other contributions by weighing the degree to which applications meet the criteria of subsection (E)(2) and (3) when determining which proposals to fund. (L) The board may not authorize the purchase of a conservation easement for more than one million dollars unless the transaction is reviewed by the Joint Bond Review Committee and the committee provides its recommendation to the board. (M) The board only may authorize grants or loans to purchase interests in lands at or below fair market value. In no cases may funds from the trust fund be used to acquire interests in lands at a price that exceeds the fair market value of the interest being acquired. The board must establish reasonable procedures and requirements to document the fair market value of interests in lands and to ensure that the purchase price does not exceed the fair market value. The requirements may include the qualifications that appraisers must meet in order to submit appraisals for consideration by the board. The board shall promulgate regulations pursuant to Chapter 23, Title 1, the Administrative Procedures Act, that provide for the procurement of appraisal services and for the procedure and process in those cases where a discrepancy of ten percent or more arises between the determination of fair market value obtained by the board and that provided by the owner or others interested in the subject land or interest in land. The board must also establish reasonable procedures to ensure the confidentiality of appraisals before the award of a grant or loan, and the subsequent acquisition of interests in lands obtained with such grant or loan. (N) In awarding a grant or loan from the trust fund the board shall set forth findings that indicate: (1) how the application satisfies the purposes of this chapter, and the criteria and other considerations set forth in this section; (2) the purpose of the award and the use to which the land will be put; (3) the extent to which public access, hunting, fishing, or other forms of outdoor recreation will be conducted upon the land; (4) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land; (5) the party responsible for managing and maintaining the land; (6) the party responsible for enforcing any easements or other restrictions upon the land; (7) the parties designated in items (5) and (6) possess the expertise and financial resources to fulfill their obligations; and (8) any other findings or information relevant to the award. (O)(1) Trust funds may not be used to acquire interest in land downzoned within three years of the application unless the interest is sold for the predownzoning value or current value, whichever is greater. However, this requirement is waived if the owner of the downzoned property agrees to accept a lesser amount. (2) If the owner of an interest in land which is the subject of an application for acquisition with trust funds proves to the satisfaction of the board that intentional and improper acts of planning, zoning, or other regulatory officials resulted in substantial delay or denial of a lawful permit or permission to develop the interest in land and the permit or permission was requested by the owner before the application, then the value of the interest in land is deemed to be its value as if those permits or permissions were granted unless the owner of the interest agrees to a lesser value in writing. An owner aggrieved by the decision of the board with respect to this item may appeal to the Administrative Law Court where the matter must be heard as a contested case. (P) Upon application from the Department of Natural Resources, the board shall award up to three million dollars annually in trust funds to provide the state match for federally funded grant programs in order to leverage funds to meet the conservation criteria set forth in subsection (D). Effect of Amendment 2018 Act No. 224, SECTION 4, rewrote the section, expanding the conservation criteria to include the value of the proposal for access to the public, requiring a detailed statement of applicable fees and costs of the acquisition of the interest in the land on application, requiring the establishment of a grant review committee, and establishing certain application requirements.
S.C. Code Ann. § 48-43-90 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-90
SECTION 48-43-90. Construction of chapter with Federal Water Pollution Control Act.
Status: in_force

This chapter shall be liberally construed to effect the purposes set forth herein and the Federal Water Pollution Control Act, as amended.
S.C. Code Ann. § 48-37-30 — SC Code / Title 48 / Chapter 37 / Section 48-37-30
SECTION 48-37-30. Effective date of compact; exchange of official documents.
Status: in_force

When the Governor shall have executed such compact on behalf of this State and shall have caused a verified copy thereof to be filed with the Secretary of State, and when such compact shall have been ratified by one or more of the states named in SECTION 48-37-10, then such compact shall become operative and effective as between this State and such other state or states. The Governor shall take such action as may be necessary to complete the exchange of official documents as between this State and any other state ratifying such compact.
S.C. Code Ann. § 48-22-10 — SC Code / Title 48 / Chapter 22 / Section 48-22-10
SECTION 48-22-10. Creation of State Geological Survey Unit; hiring of State Geologist; qualifications.
Status: in_force

The South Carolina Geological Survey Unit is established under the Department of Natural Resources. The State Geologist must be hired by the Director of the Department of Natural Resources. He must have graduated from an accredited college or university with a full curriculum in geology and had at least eight years of practical work experience, academic, governmental, or industrial, in geology. Effect of Amendment 2019 Act No. 75, SECTION 1, in the second sentence, substituted "hired by" for "appointed by", and in the third sentence, substituted "at least eight years" for "at least five years".
S.C. Code Ann. § 48-45-80 — SC Code / Title 48 / Chapter 45 / Section 48-45-80
SECTION 48-45-80. Advisory committee; members; terms.
Status: in_force

There is hereby created an advisory committee to the Consortium Director to consist of seven members who shall serve for terms of four years and until their successors are appointed and qualified. Four members must be appointed by the Governor. The chairmen of the Senate Fish, Game and Forestry Committee, House Agriculture and Natural Resources Committee, and Department of Natural Resources Board shall each appoint one member upon the recommendation of a majority of the members of their respective committees and commissions. The four members appointed by the Governor must be residents of coastal counties, no more than one from each county, and two must be associated with the commercial fishing industry. Effect of Amendment The 2008 amendment, deleted "with the advice and consent of the Senate" from the end of the second sentence.
S.C. Code Ann. § 48-43-810 — SC Code / Title 48 / Chapter 43 / Article 4 / Section 48-43-810
SECTION 48-43-810. Unlawful acts.
Status: in_force

It shall be unlawful for any person to: (a) willfully violate any provision of this chapter, or any rule, regulation or order of the department; (b) commence operations for the drilling of a well for oil or gas without first obtaining a permit from the department, under such rules and regulations as may be prescribed by the department; (c) do any of the following for the purpose of evading or violating this chapter, or any rule, regulation or order of the department; make any false entry or statement in a report required by this chapter or by any rule, regulation of the department or order of the department; make or cause to be made any false entry in any record, account or memorandum, required by this chapter, or by any such rule, regulation or order; omit, or cause to be omitted, from any such record, account or memorandum full, true and correct entries as required by this chapter, or by any such rule, regulation or order; or remove from this State or destroy, mutilate, alter or falsify any such record, account or memorandum; (d) refuse to attach or install a meter as prescribed by the department pursuant to Section 48-43-30B(1)(m) herein when ordered to do so by the department or in any way to tamper with such meter so as to produce a false or inaccurate reading, or to have any bypass at such a place where the oil or gas can be passed around; (e) permit through negligence or willfulness any gas or oil well to go wild or to get out of control. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or be imprisoned for not more than six months, or both.
S.C. Code Ann. § 48-23-10 — SC Code / Title 48 / Chapter 23 / Section 48-23-10
SECTION 48-23-10. State Commission of Forestry.
Status: in_force

There is created and established a State Commission of Forestry to consist of nine members, each of whom shall be a resident of this State and shall be appointed by the Governor. Of this commission, two members shall be practical lumbermen, one member shall be a farmer who is a landowner, three members shall be selected and appointed from the public at large, two members shall be appointed by the Governor from the public at large upon the advice and consent of the Senate and the ninth member shall be the President of Clemson University or the Dean of the School of Forestry to serve as his designee on the commission. The members of the commission shall be selected and appointed with reference to their knowledge of and interest in the forests of the State and the products derived therefrom. In making his appointments, the Governor shall make all reasonable effort to provide representation from every geographical section of the State and a reasonable balance between the interests of corporations and individuals.
S.C. Code Ann. § 48-40-20 — SC Code / Title 48 / Chapter 40 / Section 48-40-20
SECTION 48-40-20. Definitions.
Status: in_force

As used in this chapter: (1) "Trust fund" means the South Carolina Beach Restoration and Improvement Trust Fund. (2) "Office" means the Office of Ocean and Coastal Resource Management of the Department of Health and Environment Control. (3) "Beach renourishment" 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, as described in Section 48-39-270, to include where considered appropriate and necessary by the office, groin construction and maintenance to extend the life of such projects.
S.C. Code Ann. § 48-52-825 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-825
SECTION 48-52-825. Adoption of current facility energy efficiency rating system.
Status: in_force

(A)(1)(a) The board shall automatically adopt by reference the most current editions of the rating systems developed by Green Building Initiative and U.S. Green Building Council's Leadership in Energy and Environmental Design used for certification pursuant to this article. Upon adoption, the most current edition of the rating system shall be used for certification purposes under this article. Provided, however, that the most current edition of the rating system shall be subject to regulations concerning that edition of the rating system when promulgated pursuant to item (2). (b) In the event that two rating systems from the same organization have been adopted by reference and are effective concurrently for certification purposes, then either rating system may be utilized to certify projects as required pursuant to this article. The latter of the two rating systems to be adopted by reference pursuant to subitem (a) shall be deemed to be the most current edition of the rating system for purposes of review and regulation pursuant to subsection (B). (2) The board shall refer new or updated rating systems to the Energy Independence and Sustainable Construction Advisory Committee for consideration pursuant to Section 48-52-865(B) immediately upon the release of the new or updated rating system and prior to the rating system's effective date. After receiving the advisory committee's recommendations, the board shall promulgate regulations to amend the rating system under consideration to remove specific provisions, provided that the recommended amendments would not so alter the rating system as to render certification under the rating system impossible. If the advisory committee does not make a recommendation within the time period prescribed in Section 48-52-865(B)(2) the board, upon consultation with the State Engineer, shall proceed with promulgating regulations as provided in this item. (B) The regulations promulgated pursuant to subsection (A) must provide that the rating systems provide certification credits for, preference for, and promotes building materials or furnishings, including, but not limited to, wood grown in this State, and masonry, plastics, concrete, steel, textiles, and wood that are manufactured or produced within the State. The regulations promulgated may not place at a disadvantage building materials or furnishings that are manufactured or produced within the State.
S.C. Code Ann. § 48-9-50 — SC Code / Title 48 / Chapter 9 / Article 1 / Section 48-9-50
SECTION 48-9-50. Agencies operating public lands shall cooperate with commissioners.
Status: in_force

Agencies of this State which shall have jurisdiction over or be charged with the administration of any state-owned lands and agencies of any county or other governmental subdivision of the State which shall have jurisdiction over or be charged with the administration of any county owned or other publicly owned lands, lying within the boundaries of any district organized under this chapter, shall cooperate to the fullest extent with the commissioners of such districts in the effectuation of programs and operations undertaken by the commissioners under the provisions of this chapter. The commissioners of such districts shall be given free access to enter and perform work upon such publicly owned lands. Effect of Amendment 2019 Act No. 74, SECTION 3, in the first sentence, substituted "state-owned" for "State-owned", and deleted the third sentence, which references certain land-use regulations.
S.C. Code Ann. § 48-20-190 — SC Code / Title 48 / Chapter 20 / Section 48-20-190
SECTION 48-20-190. Appeals of decisions or determinations of department.
Status: in_force

An applicant for a certificate of exploration or operating permit or a person who is aggrieved and is directly affected by the permit may appeal to the council from a decision or determination of the department issuing, refusing, modifying, suspending, revoking, or terminating a certificate of exploration or operating permit or reclamation plan, or imposing a term or condition on the certificate, permit, or reclamation plan. An explorer or operator may appeal to the council from a decision or determination of the department issuing a notice of deficiencies or violations and administrative fees or assessing civil penalties. The person taking the appeal within thirty days after the department's decision shall give written notice to the council through its secretary that he desires to appeal and file a copy of the notice with the department at the same time. If more than one appeal regarding the same certificate, permit, or reclamation plan is filed with the council within the thirty-day period following the decision by the department, the council may consolidate the hearing and review of the appeals by the council. The chairman of the council shall fix a reasonable time, not less than twenty nor more than forty days from the receipt of the appeal, and place for a hearing, giving reasonable notice to the applicant, appellant, and to the department. The council, or a committee of the council designated by the council's rules of procedure, or if agreed by appellant, the council, the operator, and the department, a hearing panel consisting of one or more individuals shall conduct a full and complete hearing as to the matters in controversy, and within thirty days shall give a written decision setting forth its findings of fact and its conclusions. The council or its designated committee or the hearing panel may affirm, affirm with modifications, or overrule the decision of the department and may direct the department to take action required to effectuate its decision. A further appeal may be taken from the appellate decision to the Administrative Law Court as provided in Section 48-20-200.
S.C. Code Ann. § 48-39-220 — SC Code / Title 48 / Chapter 39 / Section 48-39-220
SECTION 48-39-220. Legal action to determine interest in tidelands.
Status: in_force

(A) Any person claiming an interest in tidelands which, for the purpose of this section, means all lands except beaches in the Coastal zone between the mean high-water mark and the mean low-water mark of navigable waters without regard to the degree of salinity of such waters, may institute an action against the State of South Carolina for the purpose of determining the existence of any right, title or interest of such person in and to such tidelands as against the State. Service of process shall be made upon the State Fiscal Accountability Authority. (B) Any party may demand a trial by jury in any such action by serving upon the other party(s) a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue. Such demand may be endorsed upon a pleading of the party. (C) Nothing contained in this chapter shall be construed to change the law of this State as it exists on July 1, 1977, relative to the right, title, or interest in and to such tidelands, except as set forth in this section. (D) The Attorney General shall immediately notify the department upon receipt of any private suit made under this section, his response to that suit, and the final disposition of the suit. The department will publish all such notifications in the state register. 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. § 48-23-90 — SC Code / Title 48 / Chapter 23 / Section 48-23-90
SECTION 48-23-90. General duties of commission.
Status: in_force

The Commission shall inquire into and make an annual report to the General Assembly upon the forest conditions in the State, with reference to the preservation of forests, the effect of the destruction of forests upon the general welfare of the State and other matters pertaining to the subject of forestry and tree growth, including recommendations to the public generally as to reforestation. It shall take such action and afford such organized means as may be necessary to prevent, control and extinguish fires, including the enforcement of any and all laws pertaining to the protection of the forests and woodlands of the State. It shall give such advice, assistance and cooperation as may be practical to private owners of land and promote, so far as it may be able, a proper appreciation by the public of the advantages of forestry and the benefits to be derived from forest culture and preservation. It shall cooperate with the Federal Government in the distribution of funds allotted to the State for forestry purposes and shall assist in the enforcement of all laws pertaining thereto. It shall have the control of the expenditure of all funds received by it.
S.C. Code Ann. § 48-49-20 — SC Code / Title 48 / Chapter 49 / Section 48-49-20
SECTION 48-49-20. Legislative findings.
Status: in_force

The General Assembly finds that the construction of tall or major buildings and structures on the ridges and higher elevations of South Carolina's mountains can cause unusual problems and hazards to the residents of and to visitors to the mountains. Supplying water to, and disposing of the sewage from, buildings at high elevations with significant numbers of residents may infringe on the groundwater rights and endanger the health of those persons living at lower elevations. Providing fire protection may be difficult given the lack of water supply and pressure and the possibility that fire will be fanned by high winds. Extremes of weather can endanger buildings, structures, vehicles, and persons. Tall or major buildings and structures located on ridges are a hazard to air navigation and persons on the ground and detract from the natural beauty of the mountains. Finally, the construction of tall buildings or structures within or in visible proximity to any such mountain ridges would mar, destroy, or greatly damage their natural beauty and greatly reduce their attractiveness to both the citizens of this State and to visitors to our State. For these reasons, it is imperative that the State protect this unique, valuable, and enduring asset against the consequences of this unsightly construction.
S.C. Code Ann. § 48-20-150 — SC Code / Title 48 / Chapter 20 / Section 48-20-150
SECTION 48-20-150. Modification of reclamation plans.
Status: in_force

If at any time it appears to the department that the activities under the reclamation plan and other terms and conditions of the operating permit are failing to achieve the purposes and requirements of this chapter, it shall give the operator written notice of that fact, of its intention to modify the reclamation plan and other terms and conditions of the permit in a stated manner, and of the operator's right to a hearing on the proposed modification at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice unless the department and the operator mutually agree on another date. Following the hearing, the department may modify the reclamation plan and other terms and conditions of the permit in the manner stated in the notice or in such other manner it considers appropriate in view of the evidence submitted at the hearing.
S.C. Code Ann. § 48-15-10 — SC Code / Title 48 / Chapter 15 / Section 48-15-10
SECTION 48-15-10. Low Country Resources, Conservation and Development Authority created; purpose.
Status: in_force

There is hereby created the Low Country Resources Conservation and Development Authority which shall be a body corporate and politic hereinafter referred to as the "authority". The purpose of the authority shall be to institute and operate programs of soil drainage and flood prevention and any and all other measures to improve, enlarge, increase and otherwise enhance conservation of the natural resources in the counties of Beaufort, Jasper, Colleton, Dorchester, Berkeley, Hampton and Charleston.
S.C. Code Ann. § 48-11-140 — SC Code / Title 48 / Chapter 11 / Section 48-11-140
SECTION 48-11-140. Preparation of list of landowners; computation of tax due from each landowner.
Status: in_force

(A) The board of directors of a watershed conservation district for which directors are elected, at its discretion, may levy a tax each fiscal year on real property in the watershed conservation district to meet all or part of the budget prepared according to Section 48-11-130(B) for the purposes of the district. After approval of the budget by the board of commissioners of the soil and water conservation district, if the board of directors desires to levy a tax, the board of commissioners shall submit a copy of the budget in writing to the county auditors of the corresponding counties, and the county auditors shall levy a tax on all real property in the watershed conservation district at the millage rate sufficient to meet the budget, or a portion of it, as specified by the board of directors. The board of directors of the watershed conservation district shall provide the boundaries of the district to the county auditor. (B) When the property tax rolls are delivered to the county treasurer by the county auditor as required by law, the county treasurer shall compute the tax due the watershed conservation district from each landowner in accordance with the millage rate set by the county auditor pursuant to subsection (A) and the assessed valuation of the real property shown on the tax roll. The computation must be made on the regular tax bills.
S.C. Code Ann. § 48-17-10 — SC Code / Title 48 / Chapter 17 / Section 48-17-10
SECTION 48-17-10. Crossroads of History Resource, Conservation and Development Authority created; purpose.
Status: in_force

There is hereby created the Crossroads of History Resource, Conservation and Development Authority which shall be a body corporate and politic hereinafter referred to as the "Authority." The purpose of the Authority shall be to institute and operate programs of watershed protection and flood prevention and any and all other measures to improve, enlarge, increase and otherwise enhance the conservation and development of all resources in the counties of Chester, Cherokee, Fairfield, Lancaster, Union and York.
S.C. Code Ann. § 48-33-30 — SC Code / Title 48 / Chapter 33 / Section 48-33-30
SECTION 48-33-30. "Forest fire" defined.
Status: in_force

The term "forest fire," as used in this chapter, means any fire burning uncontrolled on any land covered wholly or in part by timber, brush, grass or other inflammable vegetation.
S.C. Code Ann. § 48-62-370 — SC Code / Title 48 / Chapter 62 / Article 3 / Section 48-62-370
SECTION 48-62-370. Actions of office.
Status: in_force

The office may: (1) promulgate regulations to effectuate the provisions of this article; (2) establish an operational structure within its authority to administer the fund; (3) develop priority systems that ensure consistency with the provisions of this article; (4) prepare annual plans in accordance with this article; (5) receive monies from the fund for program administration and project management activities of the fund; and (6) hire staff and employ agents, advisers, consultants, and other employees, including attorneys, financial advisers, engineers, and other technical advisers, and public accountants and determine their duties and compensation.
S.C. Code Ann. § 48-31-20 — SC Code / Title 48 / Chapter 31 / Section 48-31-20
SECTION 48-31-20. Unlawful to start fires or throw burning materials in protected areas.
Status: in_force

During such periods and in such areas as the Governor shall proclaim, it shall be unlawful for any person to build or ignite any fire of any nature, or for any person to throw or cause to be thrown any matches, ashes, tobacco or other burning material on or adjacent to forests, woodlands, brushlands, or grasslands under protection from forest fires. It shall be unlawful to burn or cause to be burned any right of way.
S.C. Code Ann. § 48-9-1270 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1270
SECTION 48-9-1270. General powers of districts and commissioners.
Status: in_force

A soil and water conservation district organized under the provisions of this chapter and the commissioners thereof shall have the following powers, in addition to others granted in other sections of this chapter: (1) To conduct surveys, investigations and research relating to the character of soil erosion and floodwater and sediment damages, and to the conservation, development, utilization, and disposal of water, and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations or research and to disseminate information concerning such preventive and control measures and works of improvement; provided, however, that, in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this State or one of its agencies or with the United States or one of its agencies; (2) To conduct demonstrational projects within the district on lands owned or controlled by this State or one of its agencies with the cooperation of the agency administering and having jurisdiction thereof and on any other lands within the district upon obtaining the consent of the owner and occupiers of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods and measures by which soil and water resources may be conserved and soil erosion in the form of soil blowing and soil washing may be prevented and controlled, and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water may be carried out; provided, however, that in order to avoid duplication of demonstrational activities, no district shall initiate any demonstrational program except in cooperation with the government of this State or one of its agencies or with the United States or one of its agencies; (3) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, recreational development, water storage facilities, and the measures listed in item (3) of SECTION 48-9-20 on lands owned or controlled by this State or one of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and the occupiers of such lands or the necessary rights or interests in such lands; (4) To cooperate, or enter into agreements with and, within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or to any owner or occupier of lands within the district in the carrying on of erosion control or prevention operations and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water within the district, subject to such conditions as the commissioners may deem necessary to advance the purposes of this chapter; (5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and to sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter; (6) To make available, on such terms as it shall prescribe, to landowners and occupiers within the district agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings and such other material or equipment as will assist such landowners and occupiers to carry on operations upon their lands for the conservation of soil and water resources and for the prevention or control of soil erosion and for flood prevention or the conservation, development, utilization, and disposal of water; (7) To construct, improve, operate and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter; (8) To develop comprehensive plans for the conservation of soil and water resources and for the control and prevention of soil erosion and for flood prevention or the conservation, development, utilization, and disposal of water within the district, which plans shall specify in such detail as may be possible the acts, procedures, performances and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, changes in use of land, recreational developments, and water storage facilities; and to publish such plans and information and bring them to the attention of owners and occupiers of lands within the district; (9) To take over, by purchase, lease or otherwise, and to administer any soil conservation, flood-prevention, drainage, irrigation, water management, erosion-control or erosion-prevention project, or combinations thereof, located within its boundaries undertaken by the United States or one of its agencies or by this State or one of its agencies; to manage, as agent of the United States or one of its agencies or of this State or one of its agencies, any soil-conservation, flood-prevention, drainage, irrigation, water management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to act as agent for the United States or one of its agencies or for this State or one of its agencies in connection with the acquisition, construction, operation or administration of any soil-conservation, flood-prevention, drainage, irrigation, water management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to accept donations, gifts and contributions in money, services, materials or otherwise from the United States or one of its agencies or from this State or one of its agencies, or from others, and to use or expend such moneys, services, materials or other contributions in carrying on its operations; and (10) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as provided in Article 9 of this chapter; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and to make, amend and repeal rules and regulations not inconsistent with this chapter to carry into effect its purposes and powers.
S.C. Code Ann. § 48-62-70 — SC Code / Title 48 / Chapter 62 / Article 1 / Section 48-62-70
SECTION 48-62-70. Hazard mitigation; infrastructure improvements; eligibility.
Status: in_force

(A) To satisfy the purposes of removing residents from hazard areas, safeguarding property, and restoring the natural function of the floodplain, the Disaster Relief and Resilience Reserve Fund may be allocated to enable hazard mitigation and infrastructure improvements through loans and through a competitive grant process administered by the office. For purposes of this section, hazard mitigation and infrastructure improvements include, but are not limited to: (1) mitigation buyouts, relocations, and buyout assistance for homes, including multifamily units, not covered by the Hazard Mitigation Grant Program; (2) gap funding related to buyouts in order to move residents out of floodplain hazard areas and restore or enhance the natural flood-mitigation capacity of functioning floodplains; (3) assistance to low- and moderate-income homeowners to help lower flood risk through flood insurance, structural and nonstructural mitigation projects, or other means; (4) loans and grants to state and local governmental entities for hazard mitigation and infrastructure improvement projects; and (5) approved mitigation projects identified in local post-disaster recovery plans created and adopted prior to a disaster. (B) Upon its creation, funding priority must be given to projects identified by the Statewide Resilience Plan or local hazard mitigation plans. (C) In approving financial assistance for hazard mitigation and infrastructure improvement projects, the office shall ensure that selected projects are in compliance with requirements of the National Flood Insurance Program or any more stringent requirements adopted by a local government and shall give priority to projects which offer enhanced protection from future flood events or which utilize or incorporate natural features to achieve protections. Funds may not be used for projects which, rather than lowering risks overall, increase the flood vulnerabilities of neighboring areas. (D) In order to qualify for hazard mitigation and infrastructure improvement grants and loans, eligible fund recipients must apply to the office and meet all criteria set forth by the office.
S.C. Code Ann. § 48-14-30 — SC Code / Title 48 / Chapter 14 / Section 48-14-30
SECTION 48-14-30. Restriction of land-disturbing activities generally.
Status: in_force

(A) Unless exempted, no person may engage in a land disturbing activity without first submitting a stormwater management and sediment control plan to the appropriate implementing agency and obtaining a permit to proceed. (B) Each person responsible for the land disturbing activity shall certify, on the stormwater management and sediment control plan submitted, that all land disturbing activities will be done according to the approved plan. (C) All approved land disturbing activities must have associated therein at least one individual who functions as responsible personnel.
S.C. Code Ann. § 48-20-120 — SC Code / Title 48 / Chapter 20 / Section 48-20-120
SECTION 48-20-120. Annual report of operator; operating fee; late penalty.
Status: in_force

Within thirty days following the end of the state fiscal year, and each year thereafter until reclamation is completed and approved, the operator shall file a report of activities completed during the preceding year for each permitted mining operation on a form prescribed by the department which at a minimum: (1) identifies the mine, the operator, and the permit number; (2) states acreage disturbed by mining in the last twelve-month period; (3) states and describes the amount and type of reclamation by segments carried out in the last twelve-month period; (4) estimates acreage to be newly disturbed by mining in the next twelve-month period; (5) states and describes the amount and type of reclamation by segments, expected to be carried out in the next twelve-month period; (6) provides maps as specifically requested by the department. As part of the annual report, the department may assess and collect an annual operating fee for each mine. The department may assess and collect a penalty following written notification to the operator by the department for each annual report and annual operating fee not filed within thirty days following the end of the state fiscal year. If the required operating fee and the annual report are not filed by December thirty-first following the end of the state fiscal year, the department shall give written notice to the operator and then initiate permit revocation proceedings in accordance with the provisions of Section 48-20-160.
S.C. Code Ann. § 48-9-840 — SC Code / Title 48 / Chapter 9 / Article 7 / Section 48-9-840
SECTION 48-9-840. Determination as to subdivisions.
Status: in_force

After such hearing the department shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, whether there is need in the interest of the public health, safety and welfare for the proposed subdivision and whether the operation of the districts within the proposed boundaries will be administratively practicable and feasible. In making such determination, the department shall give due weight and consideration to the legislative determinations set forth in Section 48-9-20 and to the standards provided in Sections 48-9-560 and 48-9-600 for the guidance of the department in making its determinations in connection with the organization of districts. If the department determines that the proposed subdivision is not necessary in the interest of the public health, safety and welfare, or that the operation of the districts within the proposed boundaries would not be administratively practicable or feasible, it shall record such determination and deny the petition. If the department shall determine in favor of the proposed subdivision, it shall record such determination and define the boundary lines between the districts and shall notify the chairman of the governing body of the district to be divided of its determination.
S.C. Code Ann. § 48-20-130 — SC Code / Title 48 / Chapter 20 / Section 48-20-130
SECTION 48-20-130. Inspections; notice of deficiencies.
Status: in_force

Upon receipt of the operator's annual report or report of completion of reclamation and at any other reasonable time the department may elect, the department shall inspect the permit area to determine if the operator has complied with the reclamation plan, the requirements of this chapter, regulations promulgated by its authority, and the terms and conditions of his permit. Accredited representatives of the department at all reasonable times may enter upon the land subject to the certificate of exploration or operating permit for the purpose of making the inspection. The operator shall proceed with reclamation as scheduled in the approved reclamation plan. Following its inspection, the department shall give written notice to the operator of any deficiencies noted. The operator shall commence action within thirty days to rectify these deficiencies and proceed diligently until they have been corrected. The department may extend performance periods referred to in this section and in Section 48-20-90 for delays clearly beyond the operator's control but only in cases where the department finds that the operator is making every reasonable effort to comply. In the absence of corrective action by the operator to rectify deficiencies where previous written notice has been given, the department may issue a notice of uncorrected deficiencies or violations. Upon completion of reclamation of an area of affected land, the operator shall notify the department. The department shall make an inspection of the area and, if it finds that reclamation has been properly completed, it shall notify the operator in writing and release him from further obligations regarding the affected land. At the same time, it shall release all of the appropriate portion of a performance bond or other security which he has posted under Section 48-20-110. If at any time the department finds that reclamation of the permit area is not proceeding in accordance with the reclamation plan and that the operator has failed within thirty days, or any extension of that date after receiving a notice of uncorrected deficiencies to commence corrective action, or if the department finds that reclamation has not been completed properly in conformance with the reclamation plan within two years, or longer if authorized by the department, after termination of mining on any segment of the permit area, the operator shall show cause why it has not complied, and, upon just cause given, an extension of time to comply must be granted. If just cause is not demonstrated, the department shall initiate forfeiture proceedings against the bonds or other security filed by the operator under Section 48-20-170. The failure constitutes grounds for suspension or revocation of the operator's permit as provided in Section 48-20-160.
S.C. Code Ann. § 48-11-120 — SC Code / Title 48 / Chapter 11 / Section 48-11-120
SECTION 48-11-120. Issuance of bonds, notes, and other evidences of debt; tax levy for payment.
Status: in_force

(A) Bonds, notes, and other evidences of debt authorized by Section 48-11-110(3) must not be issued until proposed by order or resolution of the directors of the watershed conservation district specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued, and the maximum rate of interest they are to bear. A copy of the order or resolution must be certified to the board of commissioners of the soil and water conservation district. (B) The board of commissioners shall hold a hearing on a proposal for bonds or other long term indebtedness required by law to be voted upon at an election after having given due notice of the hearing. If it appears that the proposal is within the scope and purpose of this chapter and meets all other requirements of the law, the proposal must be submitted to the qualified electors residing in the watershed conservation district by a referendum held in the next scheduled countywide election in the counties. (C) Applicable rules of the election apply to the referendum. Due notice of the referendum must be given by the county election commission. (D) If two-thirds of the votes cast in the referendum favor the proposal, the directors may issue the bonds. (E) The type of indebtedness incurred or bonds issued is that adopted by the board of directors of the watershed conservation district. (F) The board of directors, if necessary for the payment of interest or indebtedness incurred or bonds issued by the district or to amortize indebtedness or bonds, shall levy an annual tax on real property within the watershed conservation district. For the purposes of the tax levy the assessed valuation of the real property is the same assessed valuation used for the general county levy. The tax must be levied and collected in the same manner provided for the levy and collection of other taxes authorized by this chapter.
S.C. Code Ann. § 48-20-100 — SC Code / Title 48 / Chapter 20 / Section 48-20-100
SECTION 48-20-100. Authority to assess and collect fees.
Status: in_force

The department may assess and collect fees to assist with the costs of administering the provisions of this chapter. All appropriate fees must be received by the department before processing and approving an application as referenced in this chapter.
S.C. Code Ann. § 48-25-30 — SC Code / Title 48 / Chapter 25 / Section 48-25-30
SECTION 48-25-30. Combination of districts into compact forestry districts.
Status: in_force

The General Assembly may combine any two or more of the forestry districts herein enumerated and designated into a compact forestry district and likewise may combine a forestry district or forestry districts with a compact forestry district and, also compact forestry districts with compact forestry districts. Provided, that the forestry districts or the compact forestry districts so combined, as herein provided, are contiguous. Provided, further , that the fire protection laws of the forests of any compact forestry district are equal and uniform throughout such compact forestry district. The first compact forestry district created and established by combining two or more contiguous forestry districts, as herein provided, for fire protection of the forests of such compact forestry district by equal and uniform fire protection laws of the forests throughout the compact forestry district shall be designated and enumerated as Compact Forestry District No. 1, and any following compact forestry districts shall be successively designated and enumerated in numerical order. The remaining forestry districts each composed of a single county shall be renumbered appropriately in successive numerical order as herein provided.
S.C. Code Ann. § 48-4-80 — SC Code / Title 48 / Chapter 4 / Section 48-4-80
SECTION 48-4-80. Power of board to make rules, promulgate regulations, exercise authority under certain other rules and regulations, and conduct hearings.
Status: in_force

The board may: (1) make rules and promulgate regulations, not inconsistent with law, to aid in the performance of its duties. The board may prescribe the extent, if any, to which these rules and regulations must be applied without retroactive effect. (2) exercise all authority granted to it under the laws and regulations relating to wildlife, marine and natural resources. (3) conduct such hearings as may be required by law.
S.C. Code Ann. § 48-5-55 — SC Code / Title 48 / Chapter 5 / Section 48-5-55
SECTION 48-5-55. Drinking Water Revolving Loan Fund; deposits; use of funds.
Status: in_force

(A) There is established the Drinking Water Revolving Loan Fund, which must be 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 drinking water fund must be credited to the drinking water fund. Amounts remaining in the drinking water fund at the end of a fiscal year accrue only to the credit of the drinking water fund. Amounts in the drinking water fund must be available in perpetuity for the purpose of providing financial assistance in accordance with the provisions of this chapter and the Safe Drinking Water Act. (B) There must be deposited in the drinking water fund: (1) federal capitalization grants, awards, or other federal assistance received by the department under authority of the Safe Drinking Water Act for purposes of the drinking water fund; (2) funds appropriated by the General Assembly for deposit to the drinking 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 drinking water fund; and (6) additional monies made available from public or private sources for the purposes for which the drinking water fund has been established. (C) Amounts in the drinking water fund may be used only: (1) to make loans to project sponsors in accordance with provisions of this chapter and the Safe Drinking Water Act; (2) to buy or refinance debt obligations of project sponsors at or below market rates, if the debt obligations were incurred after July 1, 1993; (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 drinking water fund; (5) to earn interest on drinking water fund accounts; and (6) for any other purposes authorized by the Safe Drinking Water Act or any other federal law governing or appropriating funds for the drinking water fund. (D) The authority may establish accounts and subaccounts within the drinking 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 Safe Drinking Water Act. Effect of Amendment The 2010 amendment in subsection (C)(6) added the text following the reference to the Safe Drinking Water Act.
S.C. Code Ann. § 48-14-60 — SC Code / Title 48 / Chapter 14 / Section 48-14-60
SECTION 48-14-60. Delegation of stormwater management and sediment control to local governments; programs for land-disturbing activities conducted by federal or local governments or for cross-jurisdictional activities.
Status: in_force

(A) The department may delegate any or all components of stormwater management and sediment control programs to a local government or conservation district pursuant to regulations promulgated by the department. (B) Requests for delegation of program elements must be submitted within six months of the promulgation of the applicable state regulation, and by January first of subsequent years if delegation is desired at a future date. The department shall approve, approve with modification, or deny such a request on or before April first of the year for which delegation is sought. (C) Delegation, once applied for, becomes effective on July first and may not exceed three years, at which time delegation renewal is required. (D) A local government may develop the program in cooperation with conservation districts. (E) In the event a local government does not adopt and request approval of a stormwater management and sediment control program within its jurisdiction, the local conservation district may adopt a program in conjunction with subdivision regulations, if applicable, and submit it to the department for approval. (F) The department has jurisdiction, to the exclusion of other implementing agencies, for the purpose of adopting the components of a sediment control and stormwater management program for land disturbing activities that are: (1) conducted by the United States; (2) conducted by persons having the power of eminent domain for land disturbing activities which cross jurisdictional boundaries; (3) conducted by local governments.
S.C. Code Ann. § 48-3-50 — SC Code / Title 48 / Chapter 3 / Section 48-3-50
SECTION 48-3-50. Letting of contracts for construction of pollution control facilities.
Status: in_force

Contracts for the construction of any pollution control facilities may be let on such terms and under such conditions as the governing board and the industry agree upon and may be let with or without advertisement or call for bids.
S.C. Code Ann. § 48-23-200 — SC Code / Title 48 / Chapter 23 / Section 48-23-200
SECTION 48-23-200. Rules and regulations.
Status: in_force

The State Commission of Forestry may make such rules and regulations as it deems advisable for the protection, preservation, operation and maintenance, and for the most beneficial service to the general public, of the State forests in this State.
S.C. Code Ann. § 48-62-10 — SC Code / Title 48 / Chapter 62 / Article 1 / Section 48-62-10
SECTION 48-62-10. Definitions.
Status: in_force

As used in this article: (1) "Fund" means the Disaster Relief and Resilience Reserve Fund. (2) "Office" means the South Carolina Office of Resilience.
S.C. Code Ann. § 48-5-90 — SC Code / Title 48 / Chapter 5 / Section 48-5-90
SECTION 48-5-90. Authority authorized to pledge its revenues or funds to payment of bonds; other security for payment of bonds.
Status: in_force

The authority may pledge its revenues or funds to the payment of its bonds, subject only to prior agreement with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of a loan obligation owned by the authority, a grant, contribution, or guaranty from the United States, the State, or a corporation, association, institution or person, other property or assets of the authority, or a pledge of money, income, or revenue of the authority from any source.
S.C. Code Ann. § 48-14-95 — SC Code / Title 48 / Chapter 14 / Section 48-14-95
SECTION 48-14-95. Right of entry for inspection; issuance of stop work order and notification of chapter requirements in event of noncompliance.
Status: in_force

(A) The implementing agency shall have the right of entry for the purpose of determining if a land disturbing activity is being conducted without an approved stormwater management and sediment control plan, conducting inspections and taking enforcement actions. (B) Upon inspection, if the implementing agency determines that a land disturbing activity is taking place without an approved stormwater management and sediment control plan, the implementing agency shall post a stop work order at the site of the land disturbing activity and shall notify the person responsible for the land disturbing activity of the requirements to submit a stormwater management and sediment control plan to the implementing agency and receive approval prior to resuming the land disturbing activity and the requirement to correct all violations.
S.C. Code Ann. § 48-43-850 — SC Code / Title 48 / Chapter 43 / Article 4 / Section 48-43-850
SECTION 48-43-850. Injunctions.
Status: in_force

Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule, regulation of the department or order of the department, the Attorney General may, at the request of the department, bring suit in the name of the department against such persons in the court of common pleas of the county where the violation occurs or is threatened, or in the county in which the defendant resides or in which any defendant resides if there is more than one defendant, to restrain such person from continuing such violation or from carrying out the threat of violation. In any such suit, the court shall have jurisdiction to grant without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions.
S.C. Code Ann. § 48-59-140 — SC Code / Title 48 / Chapter 59 / Section 48-59-140
SECTION 48-59-140. Conservation easements.
Status: in_force

When trust funds are used to purchase a conservation easement on land, the conservation easement will be the controlling legal document regarding what is and what is not permitted upon the land, how the land will be preserved, and what rights are vested with the eligible trust fund recipient or its assigns which hold the conservation easement. If any inconsistencies or ambiguities arise between the provisions of this chapter and the terms and conditions of a conservation easement purchased with trust funds, the terms and conditions of the conservation easement must prevail. The board must exercise due diligence to assure the terms and conditions of conservation easements are consistent with the purposes of this chapter before disbursing trust funds for the purchase of such conservation easements.
S.C. Code Ann. § 48-49-50 — SC Code / Title 48 / Chapter 49 / Section 48-49-50
SECTION 48-49-50. Previously existing buildings.
Status: in_force

Section 48-49-40 applies to buildings that existed upon the effective date of this chapter as follows: (1) No reconstruction, alteration, or expansion may aggravate or intensify a violation by an existing building or structure that did not comply with SECTION 48-49-40 upon its effective date. (2) No reconstruction, alteration, or expansion may cause or create a violation by an existing building or structure that did comply with SECTION 48-49-40 upon its effective date.
S.C. Code Ann. § 48-14-20 — SC Code / Title 48 / Chapter 14 / Section 48-14-20
SECTION 48-14-20. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the South Carolina Department of Health and Environmental Control. (2) "District" means any soil and water conservation district created pursuant to Chapter 9 of this title. (3) "Local government" means any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter. (4) "Implementing agency" means the department, local government, or conservation district with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, and conducting inspections and enforcement actions in a specified jurisdiction. (5) "Responsible personnel" means any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities. (6) "Designated Watershed" means a watershed designated by a local government and approved by the Department of Health and Environmental Control and identified as having an existing or potential stormwater, sediment control, or nonpoint source pollution problem. (7) "Erosion" means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces. (8) "Land disturbing activity" means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff. (9) "Person" means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, electric supplier, municipality, interstate body, the federal government, or other legal entity. (10) "Sediment" means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin. (11) "Stormwater management" means, for: (a) quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land; (b) qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff. (12) "Stormwater Management and Sediment Control Plan" means a set of drawings, other documents, and supporting calculations submitted by a person as a prerequisite to obtaining a permit to undertake a land disturbing activity, which contains all of the information and specifications required by an implementing agency. (13) "Stormwater runoff" means direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer, or other concentrated flow during and following the precipitation. (14) "Stormwater utility" means an administrative organization that has been created for the purposes of planning, designing, constructing, and maintaining stormwater management, sediment control, and flood control programs and projects. (15) "Watershed master plan" means a plan for a designated watershed that analyzes the impact of existing and future land uses and land disturbing activities in the entire watershed and includes strategies to reduce nonpoint source pollution, to manage stormwater runoff and control flooding. The plan must be developed for the entire watershed, regardless of political boundaries, and must include appropriate physical, institutional, economic, and administrative data needed to justify the plan. (16) "Subdivision", unless otherwise defined in an ordinance adopted by a local government pursuant to Section 6-7-1010, means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, or parcels less than five acres, for the purpose, whether immediate or future, of sale, legacy, or building development, or includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, in the context, shall relate to the process of subdividing or to the land or area subdivided; (17) "Person responsible for the land disturbing activity" means: (a) the person who has or represents having financial or operational control over the land disturbing activity; and/or (b) the landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefited from it or who has failed to comply with any provision of the act, these regulations, or any order or local ordinance adopted pursuant to this chapter as imposes a duty upon him. (18) "Nonpoint source pollution" means pollution contained in stormwater runoff from ill-defined diffuse sources. (19) "Stop work order" means an order directing the person responsible for the land disturbing activity to cease and desist all or any portion of the work which violates the provisions of this chapter.
S.C. Code Ann. § 48-28-40 — SC Code / Title 48 / Chapter 28 / Section 48-28-40
SECTION 48-28-40. Promulgation of rules and regulations; employment and compensation of support personnel; purchase and use of equipment.
Status: in_force

The State Forester shall administer the provisions of this chapter and may promulgate regulations to carry out such provisions subject to the limitations set forth in SECTION 48-28-100. The State Forester may employ administrative, clerical and field personnel to support the program created by this chapter and compensate such employees from the forest renewal fund for services rendered in direct support of the program. The State Forester may purchase equipment for the implementation of this program from the forest renewal fund subject to the limitations of SECTION 48-28-100. All equipment purchases with such funds shall be assigned to and used only for the forest renewal program except for emergency use in forest fire suppression and other activities relating to the protection of life or property. The forest renewal fund shall be reimbursed from other program funds for equipment costs incurred during such emergency use.
S.C. Code Ann. § 48-52-410 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-410
SECTION 48-52-410. State Energy Office established; purpose.
Status: in_force

There is established the State Energy Office within the Office of Regulatory Staff which shall serve as the principal energy planning entity for the State. Its primary purpose is to develop and implement a well-balanced energy strategy and to increase the efficiency of use of all energy sources throughout South Carolina through the implementation of the Plan for State Energy Policy. The State Energy Office must not function as a regulatory body. Effect of Amendment 2014 Act No. 121, SECTION 11, substituted "Office of Regulatory Staff" for "State Budget and Control Board".
S.C. Code Ann. § 48-40-50 — SC Code / Title 48 / Chapter 40 / Section 48-40-50
SECTION 48-40-50. Appropriation and designation of funds; local matching; project approval and administration.
Status: in_force

(A) Beginning in fiscal year 1999-2000 and each fiscal year after that, the General Assembly must appropriate from general tax revenues an amount it considers appropriate for credit to the trust fund. The monies must be designated for funding: (1) public beach restoration and maintenance projects; or (2) improvement and enhancement of public beach access. (B) Allocations of trust fund monies for public beach restoration and maintenance or improvement and enhancement of public beach access must be matched equally by municipal and county jurisdictions which are the sites of the projects. (1) The local cost must be financed by all municipal and county jurisdictions in which the trust fund monies are applied, in proportion to the area of beach located within the respective jurisdictions. (2) The matching requirement of this subsection does not apply to beach renourishment projects within state parks or other state-owned beachfront property. (C) Trust fund allocations for a public beach restoration or maintenance project or project to improve and enhance public beach access may be made only to a project approved by the office pursuant to the application, review, ranking, and approval regulations promulgated, and procedures adopted, by the office. (D) Municipal and county jurisdictions which apply for matching funds for proposed projects must be: (1) ranked in relation to all other qualifying local government project applications; and (2) approved according to the minimum regulatory criteria for construction within the beach and dune critical area. (E) An application for trust fund monies for a public beach restoration or maintenance project or project to improve and enhance public beach access may be accepted by the office only from a municipal or county government with a Local Beach Management Plan approved by the office. (F) An application pursuant to this section for matching funds for a public beach renourishment project may be accepted and ranked by the office only if the project first has been fully permitted and approved as otherwise provided by law. (G) Allocations of trust fund monies may be made to approved public beach restoration or maintenance projects or projects for improvement and enhancement of public beach access only through properly executed written agreements between the office and all the municipal and county project sponsors. All the trust fund monies and the nonstate matching funds required for financing the projects must be deposited in an escrow account within five business days of the execution of the agreement and receipt of the monies from the trust fund. The office must be given quarterly financial status reports of this account and annual and final audit reports throughout the project's duration and at completion. (H) State funds appropriated and designated for funding local efforts pursuant to this section may be used only for the purposes of public beach access improvement and enhancement and public beach restoration and maintenance projects.
S.C. Code Ann. § 48-1-290 — SC Code / Title 48 / Chapter 1 / Section 48-1-290
SECTION 48-1-290. Emergency orders.
Status: in_force

Whenever the Department finds that an emergency exists requiring immediate action to protect the public health or property, the Department, with concurrent notice to the Governor, may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as the Department deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the Department or by direction of the Governor shall be afforded a hearing within forty-eight hours. On the basis of such hearing the Department shall continue such order in effect, revoke it or modify it. Regardless of whether a hearing is held, the Department shall revoke all emergency orders as soon as conditions or operations change to the extent that an emergency no longer exists.
S.C. Code Ann. § 48-52-827 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-827
SECTION 48-52-827. Certain major facility projects may not seek rating credit or point for building product disclosure and optimization credit.
Status: in_force

A major facility project, as defined in Section 48-52-810(10), requesting third-party certification shall not be allowed to seek a rating credit or point for building product disclosure and optimization credit that requires material ingredient reporting; and, the language would apply to any subsequent editions of rating systems developed by the Green Building Initiative, the U.S. Green Building Council's Leadership in Energy and Environmental Design, or third-party certification initiatives.
S.C. Code Ann. § 48-45-40 — SC Code / Title 48 / Chapter 45 / Section 48-45-40
SECTION 48-45-40. Membership; terms.
Status: in_force

The membership of the consortium consists of The Citadel, the College of Charleston, Clemson University, the Medical University of South Carolina, South Carolina State College, the University of South Carolina, and the Department of Natural Resources. These members are designated as charter members. The terms of the members are perpetual, and a majority of the charter members may vote the admission of a new member into the consortium.
S.C. Code Ann. § 48-1-50 — SC Code / Title 48 / Chapter 1 / Section 48-1-50
SECTION 48-1-50. Powers of department.
Status: in_force

The Department may: (1) Hold public hearings, compel attendance of witnesses, make findings of fact and determinations and assess such penalties as are herein prescribed; (2) Hold hearings upon complaints or upon petitions in accordance with SECTION 48-1-140 or as otherwise provided in this chapter; (3) Make, revoke or modify orders requiring the discontinuance of the discharge of sewage, industrial waste or other wastes into any waters of the State, or the discharge of air contaminants into the ambient air so as to create an undesirable level, resulting in pollution in excess of the applicable standards established. Such orders shall specify the conditions and time within which such discontinuance must be accomplished; (4) Institute or cause to be instituted, in a court of competent jurisdiction, legal proceedings, including an injunction, to compel compliance with the provisions of this chapter or the determinations, permits and permit conditions and orders of the Department. An injunction granted by any court shall be issued without bond; (5) Issue, deny, revoke, suspend or modify permits, under such conditions as it may prescribe for the discharge of sewage, industrial waste or other waste or air contaminants or for the installation or operation of disposal systems or sources or parts thereof; provided, however, that no permit shall be revoked without first providing an opportunity for a hearing; (6) Conduct studies, investigations and research with respect to pollution abatement, control or prevention. Such studies shall include but not be limited to, air control, sources, disposal systems and treatment of sewage, industrial waste or other wastes, by all scientific methods and, if necessary, of the use of mobile laboratories; (7) Settle or compromise any action or cause of action for the recovery of a penalty or damages under this chapter as it may deem advantageous to the State; (8) Cooperate with the governments of the United States or other states or State agencies or organizations, official or unofficial, in respect to pollution control matters or for the formulation of interstate pollution control compacts or agreements; (9) Prepare and develop a general comprehensive program for the abatement, control and prevention of air and water pollution; (10) Require to be submitted to it and consider for approval plans for disposal systems or sources or any parts thereof and inspect the construction thereof for compliance with the approved plans; (11) Administer penalties as otherwise provided herein for violations of this chapter, including any order, permit, regulation or standards; (12) Accept, receive and administer grants or other funds or gifts for the purpose of carrying out any of the purposes of this chapter; accept, receive and receipt for Federal money given by the Federal government under any Federal law to the State of South Carolina for air or water control activities, surveys or programs; (13) Encourage voluntary cooperation by persons, or affected groups in restoration and preservation of a reasonable degree of purity of air and water; (14) Collect and disseminate information on air or water control; (15) Approve projects for which applications for loans or grants under the Federal Water Pollution Control Act or the Federal Air Quality Act are made by any municipality (including any city, town, district, or other public body created by or pursuant to the laws of this State and having jurisdiction over disposal of sewage, industrial wastes or other wastes) or agency of this State or by an interstate agency; (16) Participate through its authorized representatives in proceedings under the Federal Water Pollution Control Act or the Federal Air Quality Act to recommend measures for abatement of water pollution originating in this State; (17) Take all action necessary or appropriate to secure to this State the benefits of the Federal Water Pollution Control Act or the Federal Air Quality Act and any and all other Federal and State acts concerning air and water pollution control; (18) Consent on behalf of the State to request by the Federal Security Administrator to the Attorney General of the United States for the bringing of suit for abatement of such pollution; (19) Consent to the joinder as a defendant to such suit of any person who is alleged to be discharging matter contributing to the pollution, abatement of which is sought in such suit; (20) Conduct investigations of conditions in the air or waters of the State to determine whether or not standards are being contravened and the origin of materials which are causing the polluted condition; (21) Establish the cause, extent and origin of damages from waste including damages to the fish, waterfowl, and other aquatic animals and public property which result from the discharge of wastes to the waters of the State; (22) Require the owner or operator of any source or disposal system to establish and maintain such operational records; make reports; install, use, and maintain monitoring equipment or methods; sample and analyze emissions or discharges in accordance with prescribed methods, at locations, intervals, and procedures as the Department shall prescribe; and provide such other information as the Department reasonably may require; (23) Adopt emission and effluent control regulations, standards and limitations that are applicable to the entire State, that are applicable only within specified areas or zones of the State, or that are applicable only when a specified class of pollutant is present; (24) Enter at all times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to pollution or the possible pollution of the environment of the State. Its authorized agents may examine and copy any records or memoranda pertaining to the operation of a disposal system or source that may be necessary to determine that the operation thereof is in compliance with the performance as specified in the application for a permit to construct; provided, however, that if such entry or inspection is denied or not consented to, and no emergency exists, the Department is empowered to and shall obtain from the magistrate from the jurisdiction in which such property, premise or place is located, a warrant to enter and inspect any such property, premise or place prior to entry and inspection. The magistrate of such jurisdiction is empowered to issue such warrants upon a proper showing of the needs for such entry and inspection. The results of any such inspection and investigation conducted by the Department shall be reduced to writing and a copy shall be furnished to the owner or operator of the source or disposal system; and (25) Issue orders prohibiting any political entity having the authority to issue building permits from issuing such permits when the political entity has been ordered to correct a condition which has caused or is causing pollution. Provided, that no such order shall be issued until the State is capable of participating in Federal, State and local cost-sharing arrangements for municipal waste treatment facilities as set forth in the Clean Water Restoration Act of 1966. (26) Review and consider the environmental compliance history of an applicant or person that is or operates an advanced recycling facility, as defined by Section 44-96-40, in making a determination to issue, reissue, deny, revoke, modify, or suspend a permit or interim status; prohibit the transfer of a permit or the transfer or achievement of interim status; or prohibit a change in the ownership of or a controlling interest in an existing advanced recycling facility. Effect of Amendment 2022 Act No. 119, SECTION 4, added (26).
S.C. Code Ann. § 48-5-140 — SC Code / Title 48 / Chapter 5 / Section 48-5-140
SECTION 48-5-140. Authority exempt from taxes and assessments; bonds issued by authority free from taxation and assessments of every kind.
Status: in_force

The authority in performing an essential governmental function in the exercise of the powers conferred upon it is not required to pay taxes or assessments upon property or upon its operations or the income from them, or taxes or assessments upon property or loan obligation acquired or used by the authority or upon the income from them. Bonds issued by the authority, the transfer of bonds, and the income from them, are free from taxation and assessment of every kind by this State, and by the project sponsors and other political subdivisions of this State.
S.C. Code Ann. § 48-21-30 — SC Code / Title 48 / Chapter 21 / Section 48-21-30
SECTION 48-21-30. Governor's alternate or designee member on Interstate Mining Commission.
Status: in_force

The eleventh member appointed to the Mining Council of South Carolina, authorized by this chapter, shall be the Governor's alternate or designee on the Interstate Mining Commission as provided by the Interstate Mining Compact.
S.C. Code Ann. § 48-27-230 — SC Code / Title 48 / Chapter 27 / Section 48-27-230
SECTION 48-27-230. Endorsement of documents by registrants; illegal endorsements.
Status: in_force

Plans, maps, specifications, and reports issued by a registrant must be endorsed with his name and license number. It is unlawful for a person to endorse any documents after his license has expired or has been revoked. It also is unlawful for a registered forester to endorse any plan, specification, estimate, or map unless he has actually prepared the plan, specification, estimate, or map or has been in actual charge of its preparation. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both.
S.C. Code Ann. § 48-6-80 — SC Code / Title 48 / Chapter 6 / Section 48-6-80
SECTION 48-6-80. Proceedings against a person maintaining a nuisance.
Status: in_force

Nothing contained in Section 48-6-60 in any way abridges or limits the right of a person to maintain or prosecute a civil or criminal proceeding against a person maintaining a nuisance.
S.C. Code Ann. § 48-1-190 — SC Code / Title 48 / Chapter 1 / Section 48-1-190
SECTION 48-1-190. Refusal to obey notice of hearing or subpoena.
Status: in_force

In case of refusal to obey a notice of hearing or subpoena, the court of common pleas shall have jurisdiction, upon application of the Department, to issue an order requiring such person to appear and testify or produce evidence, as the case may require, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
S.C. Code Ann. § 48-1-180 — SC Code / Title 48 / Chapter 1 / Section 48-1-180
SECTION 48-1-180. Oaths; examination of witnesses; subpoenas.
Status: in_force

In any such hearing, any member of the Department, the executive director or any employee or agent thereof authorized by the Department may administer oaths, examine witnesses and issue in the name of the Department notices of hearings and subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing. Witnesses shall receive the same fees and mileage as in civil actions.
S.C. Code Ann. § 48-11-15 — SC Code / Title 48 / Chapter 11 / Section 48-11-15
SECTION 48-11-15. Department of Natural Resources to assist in organization and function of watershed conservation districts.
Status: in_force

The Department of Natural Resources shall assist boards of commissioners of soil and water conservation districts and boards of directors of watershed conservation districts with the organization and function of watershed conservation districts. For the purpose of this chapter, the responsibility of the department is limited to this activity. The construction, operation, and maintenance of watershed works of improvement are the sole responsibility of watershed conservation districts and others as specified in documents for the works of improvement.