S.C. Code Ann. § 48-1-87 — SC Code / Title 48 / Chapter 1 / Section 48-1-87
SECTION 48-1-87. Aquatic Life Protection Act.
Status: in_force

(A) In order to provide for the survival and propagation of a balanced community of aquatic flora and fauna as set forth in Regulation 61-68 in a manner consistent with Section 48-1-20, the department shall, where necessary to protect aquatic life, impose NPDES permit limitations for whole effluent toxicity (WET) based on the mixing zone authorized in subsection (C), where the department determines that a discharge causes or has the reasonable potential to cause or contribute to an excursion of a water quality criterion in Regulation 61-68, other than numeric criteria for specific pollutants, that apply to the protection of aquatic organisms. (B) As directed by this section, the department may promulgate regulations to implement WET tests that calibrate EPA's standard toxicity testing species and methods to the natural water chemistry representative of the lakes, streams, groundwater, and stormwater runoff of this State. In developing these regulations the department may use the findings of any scientifically defensible study it may conduct and may use other pertinent peer reviewed studies or conclusions. In the interim, this section shall not be construed to limit the department's authority to impose WET limits. (C) For purposes of performing WET reasonable potential determinations for a specific discharge and, where justified, setting WET permit limitations for that discharge, the department, notwithstanding any other provision of law shall: (1) develop procedures to allow up to one hundred percent dilution in waterbodies, based on the 7Q10 flow as defined by Regulation 61-68, where justified by the permittee or permit applicant and approved by the department; (2) use stream flow conditions other than those described in item (1) where justified by hydrological controls that are capable of ensuring critical flow conditions higher than the respective ten-year flows identified in item (1), to evaluate acute and chronic exposure; (3) use, for stormwater discharges, a representative flow greater than 7Q10 flow, as demonstrated on a site-specific basis, with any resulting WET permit limitations comprising only those expressed in terms of acute survival endpoints; (4) consider such mixing calculations as described in items (1), (2), and (3) to be consistent with its policy set forth in Regulation 61-68 for minimizing mixing zones; (5) give consideration to compliance with numeric criteria and actual instream biological conditions, in the absence of a valid scientific correlation between sublethal WET test results and the biological integrity of representative lakes, streams, and estuaries in this State, wherein biological integrity includes the richness, abundance, and balanced community structure of indigenous aquatic organisms; (6) allow, at the request of the permittee, the use of ambient receiving waters as control and dilution waters in WET tests; (7) exempt once-through, noncontact cooling water, which contains no additives, from toxicity requirements; and (8) allow dischargers to use WET testing protocols that utilize alternative species in accordance with applicable EPA regulations and guidance. (D) No part of this section shall be construed to limit the department's authority to adopt water quality criteria, to impose permit limits for specific chemical pollutants, to obligate the department to revalidate existing water quality criteria, or to establish additional water quality criteria for specific chemical pollutants. The department, whenever appropriate, shall utilize the flexibility of interpretation concerning WET testing and the use of WET test results provided by EPA. (E) For the purpose of implementing Section 48-1-20 and Regulation 61-68: (1) "propagation" is defined in Regulation 61-68; (2) "biological integrity" means a measure of the health of an aquatic or marine ecosystem using the richness and abundance of species as the primary indicator, and "biological integrity" is a key component of an "instream bioassessment"; (3) "sublethal toxicity tests" means laboratory experiments that measure the nonlethal biological effects, including, but not limited to, growth or reproduction, of effluents or receiving waters on aquatic organisms; (4) "calibrate" means a process to establish the baseline control condition based on the normal range of biological responses likely to occur when standard test organisms are exposed to various nontoxic waters sampled from streams and lakes throughout the State. (F) For any NPDES permit that was taken over by EPA due to provisions of Act 258 of 2004 from July 1, 2004, through the effective date of this subsection as revised by the provisions of this 2005 act, the department shall convey to EPA, through the certification process (40 C.F.R. Part 124.53), any additional requirements mandated under state law. Moreover, notwithstanding any other provision of law or regulation, the requirement for a counterpart state permit for any such discharge is waived. Alternatively, at the request of the permittee, the department may waive the certification process and issue a state permit. However, affected permittees shall submit applications for reissuance to the department in accordance with Regulation 61-9, at least one hundred eighty days in advance of the expiration of the federal permits. At the discretion of the department, the annual fees for NPDES permits in Regulation 61-30 may continue to be charged, when certifying a federal permit, if the department waives the certification fee. (G) The department shall reduce or eliminate WET monitoring requirements, as appropriate, in accordance with permit modification processes contained in Regulation 61-9, where dischargers demonstrate that their effluents do not demonstrate reasonable potential.
S.C. Code Ann. § 48-59-150 — SC Code / Title 48 / Chapter 59 / Section 48-59-150
SECTION 48-59-150. The Working Farmland Protection Fund.
Status: in_force

(A) There is established in the State Treasury the Working Farmland Protection Fund for the purpose of providing permanent protection to working farmland properties whose continued availability to commercial agricultural businesses is essential to the long-term future of the economic sector. Balances in the fund must be retained and carried forward annually and interest earned on balances in the fund must be credited to the fund. (B) The Working Farmland Protection Fund must be used by the bank only for the purpose of awarding grants to eligible trust fund recipients for the purchase of interests in farmland in which a landowner derives at least fifty percent of his income. (C) When evaluating applications for grants under this section, the bank must use the criteria set forth in Section 48-59-70(D), except for Section 48-59-70(D)(9) and Section 48-59-70(D)(13), along with the following criteria: (1) the authority of the owner of the working farmland property to make the subject farmland available via lease or transfer of the protected property to another farmer or other farmers so as to advance the goal of preserving and increasing access to farmland for new and expanding farms; (2) the threat of conversion of the working farmland property such that it would become unavailable for commercial production of agricultural products; (3) the percentage of soils classified by the United States Department of Agriculture as prime farmland, unique farmland, farmland of statewide importance, and farmland of local importance; (4) the agricultural structures and improvements associated with the working farmland property; (5) the economic viability of the working farmland property in terms of current and potential future commercial agricultural activities in local, regional, and statewide markets; connection of the working farmland property to agricultural services including processors, aggregators, and distributors; and the number of on-farm jobs supported by the working farmland property; (6) the multiple natural resources values associated with the working farmland property, including open space land, forested land and wetlands, riparian buffers, wildlife habitat, and freshwater aquifers; and (7) whether the working farmland is located or serving in an underserved or underprivileged community.
S.C. Code Ann. § 48-57-20 — SC Code / Title 48 / Chapter 57 / Section 48-57-20
SECTION 48-57-20. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the South Carolina Department of Health and Environmental Control. (2) "Environmental audit" means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. For the purposes of this act, an environmental audit does not include an environmental site assessment of a facility conducted solely in anticipation of the purchase, sale, or transfer of the business or facility. An environmental audit may be conducted by the owner or operator, the parent corporation of the owner or operator or by their officers or employees, or by independent contractors. An environmental audit must be a discrete activity with a specified beginning date and scheduled ending date reflecting the auditor's bona fide intended completion schedule. (3) "Environmental audit report" means a document marked or identified as such with a completion date existing either individually or as a compilation prepared in connection with an environmental audit. An environmental audit report may include, but is not limited to, field notes and records of observations, findings, opinions, suggestions, recommendations, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically-recorded information, maps, charts, graphs, and surveys, provided the supporting information is collected or developed for the primary purpose and in the course of an environmental audit. An environmental audit report, when completed, may have these components: (a) an audit report prepared by an auditor, which may include the scope and date of the audit and the information gained in the audit, together with exhibits and appendices and may include conclusions and recommendations; (b) memoranda and documents analyzing the report and discussing implementation issues; (c) an audit implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance. (4) "Environmental laws" means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters.
S.C. Code Ann. § 48-23-300 — SC Code / Title 48 / Chapter 23 / Section 48-23-300
SECTION 48-23-300. Major facility projects may not seek rating points which discriminate against State wood products.
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 point that would discriminate against wood products of this State derived from forest lands certified by the Sustainable Forestry Initiative or the American Tree Farm System.
S.C. Code Ann. § 48-20-110 — SC Code / Title 48 / Chapter 20 / Section 48-20-110
SECTION 48-20-110. Bonding or other security requirements.
Status: in_force

Each applicant for a certificate of exploration, and each applicant for an operating permit, shall file with the department, upon approval of the application, and maintain in force a bond in an amount set forth in this section. All bonds must be in favor of the State of South Carolina, executed by a surety approved by the Department of Insurance in the amount set forth in this section. The bond must be continuous in nature and must remain in force until canceled by the surety. Cancellation by the surety is effectuated only upon sixty days' written notice to the department and to the operator. The applicant may file a separate bond for each certificate of exploration or operating permit or may file a blanket bond covering all exploration activities or mining operations within the State for which he holds certificates or permits. The amount of each bond required for a certificate of exploration must be two thousand, five hundred dollars. The amount of each bond for operating permits must be based upon the area of affected land to be reclaimed under the approved reclamation plan to which it pertains, less any area whose reclamation has been completed and released from coverage by the department pursuant to Section 48-20-130. If the area totals less than ten acres, the bond must be ten thousand dollars. If it is ten acres or more but less than fifteen acres, the bond must be fifteen thousand dollars. If it is fifteen or more acres the bond must be twenty-five thousand dollars. If an area totals more than twenty-five acres, the department may require a bond in excess of twenty-five thousand dollars if a greater bond is necessary to insure reclamation as provided by this chapter. All mining operations must have the reclamation bond amounts in effect by July 1, 1995, or before if the mining permit is modified to increase the affected land. The bond must be conditioned upon the faithful performance of the requirements set forth in this chapter and of the regulations adopted pursuant to it. Liability under the bond must be maintained as long as reclamation is not completed in compliance with the approved reclamation plan unless released only upon written notification from the department. Notification must be given upon completion of compliance or acceptance by the department of a substitute bond. In no event may the liability of the surety exceed the amount of surety bond required by this section. In lieu of the surety bond required by this section, the explorer or operator may file with the department a cash deposit, registered securities acceptable to the department, an assignment of a savings account in a South Carolina bank, or other securities acceptable to the department on an assignment form prescribed by the department. If the license to do business in South Carolina of a surety upon a bond filed pursuant to this chapter is suspended or revoked, the operator, within sixty days after receiving notice, shall substitute for the surety a good and sufficient corporate surety authorized to do business in this State or file with the department one of the alternative forms of surety prescribed in this section. Upon failure of the operator to make the substitution, the permit must be suspended until the substitute bond is posted and written documentation is provided to the department.
S.C. Code Ann. § 48-52-660 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-660
SECTION 48-52-660. Lease purchase agreements with energy efficiency products vendors and utility companies; procurements for energy-using goods and facilities.
Status: in_force

(A) A state agency or political subdivision of the State may enter into lease purchase agreements for a duration of more than one year with vendors of energy efficiency products and utility companies. No funds disclaimer clause as provided for in Section 11-35-2030 is required in these contracts. Repayment is allowed from savings on the entity's budget. (B) Procurements under the South Carolina Consolidated Procurement Code for energy-using goods and facilities must be procured through competitive sealed proposals pursuant to Section 11-35-1530 with life cycle cost criteria stated as an evaluation factor that must be addressed in a proposal.
S.C. Code Ann. § 48-27-195 — SC Code / Title 48 / Chapter 27 / Section 48-27-195
SECTION 48-27-195. Registered forester's escrow account; recordkeeping requirements.
Status: in_force

Any registered forester shall place, as soon as practically possible, any deposit money or other money received by him in a forestry transaction in a separate trust or escrow account maintained by him in a banking institution authorized to do business in the State, where the funds must be kept until the transaction has been consummated or otherwise terminated, at which time a full accounting must be made by the registered forester. Records relative to the deposit, maintenance, and withdrawal of the funds must be properly maintained and be made available to a representative of the South Carolina State Board of Registration for Foresters upon request.
S.C. Code Ann. § 48-35-55 — SC Code / Title 48 / Chapter 35 / Section 48-35-55
SECTION 48-35-55. Fire regulation exemptions.
Status: in_force

Except as otherwise provided by law, the provisions of this chapter do not apply to a fire used for the preparation of food for immediate consumption, or fires burned in portable outdoor fireplaces, chimineas, or permanent fire pits constructed of stone, masonry, metal, or other noncombustible material that conforms with all applicable South Carolina fire codes so long as a person has cleared around the area to be burned and has immediately available sufficient equipment and personnel to adequately secure the fire and prevent its spread.
S.C. Code Ann. § 48-18-30 — SC Code / Title 48 / Chapter 18 / Section 48-18-30
SECTION 48-18-30. Exceptions from application of chapter.
Status: in_force

This chapter does not apply to the following: (1) Activities regulated by the South Carolina Mining Act (Chapter 20 of Title 48). (2) Beach erosion, which for the purpose of this chapter, means removal of soil, sand, or rock from the land adjacent to the ocean due to wave action.
S.C. Code Ann. § 48-39-300 — SC Code / Title 48 / Chapter 39 / Section 48-39-300
SECTION 48-39-300. Local governments given authority to exempt certain erosion control structures from restrictions.
Status: in_force

A local governing body, if it notifies the department before July 1, 1990, may exempt from the provisions of Section 48-39-290, relating to reconstruction and removal of erosion control devices, the shorelines fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986 and approved by the United States Army Corps of Engineers. Erosion control devices exempt under this section must not be constructed seaward of their existing location, increased in dimension, or rebuilt out of materials different from that of the original structure.
S.C. Code Ann. § 48-9-1050 — SC Code / Title 48 / Chapter 9 / Article 9 / Section 48-9-1050
SECTION 48-9-1050. Effect of dissolution.
Status: repealed

Upon issuance of a certificate of dissolution under the provisions of this article all ordinances and regulations theretofore adopted and in force within such district shall be of no further force and effect. All contracts theretofore entered into to which the district or commissioners are parties shall remain in force and effect for the period provided in such contracts. The department shall be substituted for the district or commissioners as a party to such contracts. The department shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon and to modify or terminate such contracts by mutual consent or otherwise as the commissioners of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of Section 48-9-1630 nor the pendency of any action instituted under the provisions of Section 48-9-1610 and the department shall succeed to all the rights and obligations of the district or commissioners as to such liens and actions. Editor's Note Sections 48-9-1610 and 48-9-1630, referenced in the text, were repealed by 2019 Act No. 74, SECTION 9.
S.C. Code Ann. § 48-23-205 — SC Code / Title 48 / Chapter 23 / Section 48-23-205
SECTION 48-23-205. Local regulation of development affecting forest land.
Status: in_force

(A) For purposes of this section: (1) "Development" means any activity, including timber harvesting, that is associated with the conversion of forestland to nonforest or nonagricultural use. (2) "Forestland" means land supporting a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses, or for other purposes. (3) "Forest management plan" means a document or documents prepared or approved by a forester registered in this State that defines a landowner's forest management objectives and describes specific measures to be taken to achieve those objectives. A management plan shall include silvicultural practices, objectives, and measures to achieve them, that relate to a stand or potential stand of trees that may be utilized for timber products, watershed or wildlife protection, recreational uses, or for other purposes. (4) "Forestry activity" includes, but is not limited to, timber harvest, site preparation, controlled burning, tree planting, applications of fertilizers, herbicides, pesticides, weed control, animal damage control, fire control, insect and disease control, forest road construction, and any other generally accepted forestry practices. (B) A county or municipality must not adopt or enforce any ordinance, rule, regulation, resolution, or permit related to forestry activities on forestland that is: (1) taxed on the basis of its present use value as forestland under Section 12-43-220(d); (2) managed in accordance with a forest management plan; (3) certified under the Sustainable Forestry Initiative, the Forest Stewardship Council, the American Forest Foundations Tree Farm System, or any other nationally recognized forest certification system; (4) subject to a legally binding conservation easement under which the owner limits the right to develop or subdivide the land; or (5) managed and harvested in accordance with the best management practices established by the State Commission of Forestry pursuant to Section 48-36-30. (C) This section does not limit, expand, or otherwise alter the authority of a county or municipality to: (1) regulate activities associated with development, provided that a county or municipality requires a deferral of consideration of an application for a building permit, a site disturbance or subdivision plan, or any other approval for development that if implemented would result in a change from forest land to nonforest or nonagricultural use, the deferral may not exceed a period of up to: (a) one year after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees from the specific area included in a building permit, site disturbance or subdivision plan in item (1), and the removal qualified for an exemption contained in subsection (B); or (b) five years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees from the specific area included in a building permit, site disturbance or subdivision plan in item (1), and the removal qualified for an exemption contained in subsection (B) for which the permit or approval is sought and the harvest was a wilful violation of the county regulations; (2) regulate trees pursuant to any act of the General Assembly; (3) adopt ordinances that are necessary to comply with any federal or state law, regulation, or rule; or (4) exercise its development permitting, planning, or zoning authority as provided by law. (D) A person whose application for a building permit, a site disturbance or subdivision plan, or any other approval for development is deferred pursuant to the provisions contained in this section may appeal the decision to the appropriate governmental authority.
S.C. Code Ann. § 48-2-320 — SC Code / Title 48 / Chapter 2 / Article 3 / Section 48-2-320
SECTION 48-2-320. Definitions.
Status: in_force

As used in this article: (1) "Commissioner" means the Commissioner of the Department of Health and Environmental Control. (2) "Department" means the Department of Health and Environmental Control. (3) "Environmental Emergency" means a situation, to be determined by the commissioner, that constitutes an immediate threat to the environment or public health, or both, and providing immediate, but temporary relief to the situation may require the expenditure of funds to effect a solution, provide temporary relief, or retain the services of appropriate technical personnel or contractors. (4) "Fund" means the "Environmental Emergency Fund" established pursuant to this article. (5) "Responsible party" means a person determined to be legally responsible for any environmental pollution or threat to public health which requires expenditures from the fund.
S.C. Code Ann. § 48-49-10 — SC Code / Title 48 / Chapter 49 / Section 48-49-10
SECTION 48-49-10. Short title.
Status: in_force

This chapter known and may be cited as the South Carolina Mountain Ridge Protection Act of 1984.
S.C. Code Ann. § 48-31-30 — SC Code / Title 48 / Chapter 31 / Section 48-31-30
SECTION 48-31-30. Exception for fires in municipalities and cultivated lands enclosed by firebreaks.
Status: in_force

The provisions of this chapter shall not apply to fires which may be started within the corporate limits of any town or city, and to cultivated lands enclosed by firebreaks which will prevent the spread of fire to adjacent forests, woodlands, brushlands or grasslands.
S.C. Code Ann. § 48-52-620 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-620
SECTION 48-52-620. State agencies and school districts to submit energy conservation plans and reports; metering of state buildings; annual compilation of reports.
Status: in_force

(A)(1) Each state agency and public school district shall submit for approval to the State Energy Office an energy conservation plan for buildings in use on July 1, 2008, with a goal to reduce energy consumption by at least one percent annually for five consecutive years beginning July 1, 2008. The plan also must have a goal of ultimately reducing energy consumption for buildings in use on July 1, 2008, by twenty percent by July 1, 2020, relative to year 2000 levels. An agency shall implement all available cost-effective energy-saving measures to pursue these goals. In determining whether an energy-saving method is cost effective, an agency should primarily consider the measure's cost effectiveness over a five-year period rather than within one fiscal year. The State Energy Office shall provide agency assistance and information needed to help meet these goals. (2) The provisions of this section do not apply to a building designed, constructed or rehabilitated, and maintained in compliance with the Energy Independence and Sustainable Construction Act of 2007. (B) In order to monitor energy consumption, the State Energy Office must determine those state buildings that require individual metering. Metering must be installed by the agency, the cost of which must be borne by the agency responsible for the utility bill for the building. (C)(1) Each state agency and public school district annually shall submit energy conservation reports in the manner and at the times required by the State Energy Office. (2) An agency that does not attain the annual reduction goals required by this section shall include in its report a detailed justification that it implemented all available, cost-effective energy conservation methods. (3) An agency that submits a report indicating it has implemented all available, cost-effective energy-saving measures as contemplated in subsection (A) is exempt from these reporting requirements for a year in which a subsequent report would indicate no status change. The agency must notify the State Energy Office that the agency is exempt under this item. (D) Each public school district and state agency shall submit to the State Energy Office and each state agency shall include in its annual report to the State Department of Administration: (1) activities undertaken implementing its energy conservation plan; and (2) progress made in achieving its energy conservation goals. (E) The State Energy Office shall compile the reports submitted pursuant to subsection (C) to be submitted annually, no later than December thirty-first, to the General Assembly. The State Energy Office shall provide suggested formats for plans and goals that must be submitted pursuant to subsection (A), reporting forms for reports required by subsection (C), and all technical assistance necessary for state agencies and school districts to satisfy the requirements of these subsections. (F) For purposes of this article: (1) "Energy consumption" includes, but is not limited to, electricity, natural gas, fuel oil, and propane. Energy consumption must be measured using BTU's for each gross square foot. (2) "State agency" means a state government agency subject to the procurement code. For state institutions of higher learning, this definition only applies to those facilities greater than ten thousand gross square feet and does not include those facilities whose function is defined as athletics or research. For state technical colleges, this definition does not apply to those facilities whose primary function is to provide technical training and education in programs where significant energy consumption is necessary for the conduct of the academic program. 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. Effect of Amendment The 2008 amendment rewrote subsections (A) and (C) and added subsection (F).
S.C. Code Ann. § 48-20-310 — SC Code / Title 48 / Chapter 20 / Section 48-20-310
SECTION 48-20-310. Exceptions to civil penalty provisions.
Status: in_force

The civil penalties imposed upon certain violations of this chapter, including failure to act, do not include a violation which was caused by an act of God, war, strike, riot, or other catastrophe when negligence on the part of the violator was not the proximate cause.
S.C. Code Ann. § 48-46-30 — SC Code / Title 48 / Chapter 46 / Section 48-46-30
SECTION 48-46-30. Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires a different construction: (1) "Allowable costs" means costs to a disposal site operator of operating a regional disposal facility. These costs are limited to costs determined by standard accounting practices and regulatory findings to be associated with facility operations. (2) "Atlantic Compact" means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the "Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985", Public Law 99-240, Title II. Use of the term "Atlantic Compact" does not change in any way the substance of and is to be considered identical to the Northeast Interstate Low-Level Radioactive Waste Management Compact. (3) "Atlantic Compact Commission" or "compact commission" means the governing body of the Atlantic Compact, consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina. (4) "Decommissioning trust fund" means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the State Fiscal Accountability Authority (beneficiary as the successor in interest to the South Carolina Budget and Control Board), and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose. (5) "Office" means the Office of Regulatory Staff. (6) "Disposal rates" means the price paid by customers of a regional disposal facility for disposal of waste, including any price schedule or breakdown of the price into discrete elements or cost components. (7) "Extended care maintenance fund" means the "escrow fund for perpetual care" that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control and for activities associated with closure of the site as provided for in Section 13-7-30(4). (8) "Facility operator" means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina. (9) "Generator" means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste. (10) "Maintenance" means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers. (11) "Nonregional generator" means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. (12) "Nonregional waste" means waste produced by a nonregional generator. (13) "Person" means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states. (14) "Price schedule" means disposal rates. (15) "PSC" means the South Carolina Public Service Commission. (16) "Receipts" means the total amount of money collected by the site operator for waste disposal over a given period of time. (17) "Regional disposal facility" means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility. (18) "Regional generator" means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. (19) "Regional waste" means waste generated within a member state of the Atlantic Compact. Consistent with the regulatory position of the Department of Health and Environmental Control, Bureau of Radiological Health, dated May 1, 1986, some waste byproducts shipped for disposal that are derived from wastes generated within the Atlantic Compact region, such as residues from recycling, processing, compacting, incineration, collection, and brokering facilities located outside the Atlantic Compact region may also be considered regional waste. (20) "Site operator" means a facility operator. (21) "South Carolina generator" means a waste generator that produces waste within the boundaries of the State of South Carolina, whether or not this waste is sent to facilities outside South Carolina for purposes of consolidation, treatment, or processing for disposal. (22) "Waste" means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7.2.22, that is eligible for acceptance for disposal at a regional disposal facility. Effect of Amendment 2014 Act No. 121, SECTION 7.EE, deleted former paragraph (4), definition of "board"; redesignated former paragraph (5) as (4); in paragraph (4), substituted "State Fiscal Accountability Authority (beneficiary as the successor in interest to the South Carolina Budget and Control Board)" for "South Carolina Budget and Control Board State Fiscal Accountability Authority (beneficiary)"; and added paragraph (5), "office" defined.
S.C. Code Ann. § 48-27-110 — SC Code / Title 48 / Chapter 27 / Section 48-27-110
SECTION 48-27-110. Records of board; annual report.
Status: in_force

The Board shall keep a record of its proceedings and a register of all applications for registration, which register shall show (a) the name, age, and residence of each applicant, (b) the date of the application, (c) the place of business of such applicant, (d) his educational and other qualifications, (e) whether or not an examination was required, (f) whether the application was rejected, (g) whether a license was granted, (h) the date of the action of the Board and (i) such other information as may be deemed necessary by the Board. The records of the Board shall be prima facie evidence of the proceedings of the Board set forth therein, and a transcript thereof duly certified by the secretary of the Board under seal shall have the same force and effect as if the original were produced. Annually, as of June thirtieth, the Board shall submit to the Governor a report of its transactions of the preceding year.
S.C. Code Ann. § 48-9-260 — SC Code / Title 48 / Chapter 9 / Article 3 / Section 48-9-260
SECTION 48-9-260. Employees; legal services.
Status: in_force

The Department of Natural Resources may employ an administrative officer and such technical experts and other agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. The department may call upon the Attorney General for such legal services as it may require or may employ its own counsel and legal staff.
S.C. Code Ann. § 48-23-170 — SC Code / Title 48 / Chapter 23 / Section 48-23-170
SECTION 48-23-170. Execution of deeds, mortgages, or contracts.
Status: in_force

Whenever it shall become necessary to execute deeds, mortgages or contracts to carry out any of the provisions of this chapter the Commission may, by resolution duly adopted, delegate the execution and delivery of any such documents to the chairman of the Commission and the State Forester. Such instruments shall be executed in the name of the State Commission of Forestry, shall be signed by the chairman and by the State Forester and, in case of deeds or mortgages, shall be witnessed and probated as required by law. Such instruments, when so authorized by resolution of the Commission, executed as above set out and delivered, shall be in all respects the acts of the State Commission of Forestry and shall be binding upon it as fully as if executed by the members of the Commission themselves.
S.C. Code Ann. § 48-11-130 — SC Code / Title 48 / Chapter 11 / Section 48-11-130
SECTION 48-11-130. Preparation and approval of budgets.
Status: in_force

(A) At least once every five years the board of directors of each watershed conservation district shall establish an operating budget for the purposes of the district. The budget must be established only after the board provides due notice of and conducts a public hearing at which all residents of the watershed conservation district and owners of land lying in the district have an opportunity to be heard concerning the proposed budget. After the hearing the operating budget must be set by the board of directors after it is approved by the board of commissioners of the soil and water conservation district. The annual itemized budget prepared by the watershed conservation district board according to subsection (B) may not exceed the most recently established operating budget. (B) Within the first quarter of each calendar year the board of directors of the watershed conservation district shall prepare an itemized budget of the funds needed during the upcoming fiscal year for costs and expenses of organizing the district, for administration of the district, and for carrying out an authorized purpose, power, or duty of the district, including construction, operation, and maintenance of works of improvement. The budget must be approved by the board of commissioners of the soil and water conservation district. A surplus or deficit in a fiscal year must be carried forward and applied to the next fiscal year's account and calculated into the budget for that year.
S.C. Code Ann. § 48-9-30 — SC Code / Title 48 / Chapter 9 / Article 1 / Section 48-9-30
SECTION 48-9-30. Definitions.
Status: in_force

Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) "District" or "soil and water conservation district" means a governmental subdivision of this State, a public body corporate and politic, organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions herein set forth; (2) "Commissioner" means one of the members of the governing body of a district elected or appointed in accordance with the provisions of this chapter; (3) [Deleted] (4) "Petition" means a petition filed under the provisions of SECTION 48-9-510 for the creation of a district; (5) "Nominating petition" means a petition filed under the provisions of SECTION 48-9-1220 to nominate candidates for the office of commissioner of a soil and water conservation district; (6) "State" means the State of South Carolina; (7) "Agency of this State" includes the government of this State and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this State; (8) "United States" or "agencies of the United States" includes the United States of America, the Natural Resources Conservation Service of the United States Department of Agriculture and its successors, and any other agency or instrumentality, corporate or otherwise, of the United States of America; (9) "Government" or "governmental" includes the government of this State, the government of the United States and any subdivision, agency or instrumentality, corporate or otherwise, or either of them; (10) "Landowner" or "owner of land" includes any person who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this chapter; (11) "Land occupier" or "occupier of land" includes any person, other than the owner, who shall be in possession of any lands lying within a district organized under the provisions of this chapter, whether as lessee, renter, tenant or otherwise; (12) "Qualified elector" includes any person qualified to vote in elections by the people under the Constitution of this State; (13) "Due notice" means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation be available, by posting at a reasonable number of conspicuous places within the appropriate area, such posting to include, when possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally; and (14) "Board" means the governing body of the Department of Natural Resources. Effect of Amendment 2019 Act No. 74, SECTION 1.B, in (8), substituted "Natural Resources Conservation Service" for "soil and water conservation service", and inserted "its successors, and" following "United States Department of Agriculture and". 2019 Act No. 74, SECTION 1.C, added (14), relating to the definition of "Board".
S.C. Code Ann. § 48-23-30 — SC Code / Title 48 / Chapter 23 / Section 48-23-30
SECTION 48-23-30. Chairman of commission; meetings.
Status: in_force

The members of the Commission shall from their number select a chairman whose duty shall be to call the Commission together as often as the public interests and need demand. The place of the meeting shall be designated by the chairman, who shall likewise designate a place for the headquarters of the State Forester.
S.C. Code Ann. § 48-22-30 — SC Code / Title 48 / Chapter 22 / Section 48-22-30
SECTION 48-22-30. Powers and duties of State Geologist.
Status: in_force

(A) The State Geologist shall: (1) travel throughout the State so as to make himself familiar with the geology, geologic hazards, and mineral resources of each section; (2) undertake field and laboratory work his time permits; (3) perform other duties that properly pertain to his office. (B) The department may employ geologists, technicians, and other personnel necessary to conduct the objectives of the unit. Effect of Amendment 2019 Act No. 75, SECTION 2, in (A)(1), inserted ", geologic hazards,".
S.C. Code Ann. § 48-9-60 — SC Code / Title 48 / Chapter 9 / Article 1 / Section 48-9-60
SECTION 48-9-60. Adjournment of hearings.
Status: in_force

At any hearing pursuant to due notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
S.C. Code Ann. § 48-60-150 — SC Code / Title 48 / Chapter 60 / Section 48-60-150
SECTION 48-60-150. Promulgation of regulations.
Status: repealed

Section effective until December 31, 2029. (A) To carry out the purposes and provisions of this chapter, the department is authorized to: (1) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety or the environment from the adverse effects of improper, inadequate, or unsound management of covered devices; (2) issue, deny, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of facilities that recover covered devices; (3) conduct inspections, conduct investigations, obtain samples, and conduct research regarding the operation and maintenance of any facility that recovers covered devices; (4) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the department determines appropriate, with other state, federal, or interstate agencies, counties, municipalities, educational institutions, other local governments, and local health departments, consistent with the purposes and provisions of this chapter; and (5) cooperate with private organizations and with business and industry in carrying out the provisions of this chapter. (B) Regulations promulgated to carry out the purposes and provisions of this chapter must be submitted to the General Assembly pursuant to the Administrative Procedures Act. (C) The requirements of this chapter supersede all regulations, rules, standards, orders, or other actions of the department that are not consistent with 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 2014 Act No. 129, SECTION 10, rewrote the section, deleting text relating to fees. 2022 Act No. 234, SECTION 1.A, rewrote the section.
S.C. Code Ann. § 48-60-140 — SC Code / Title 48 / Chapter 60 / Section 48-60-140
SECTION 48-60-140. Recovery of covered devices to comply with law; recoverer minimum compliance.
Status: repealed

Section effective until December 31, 2029. (A) Covered devices must be recovered in a manner that complies with all applicable federal, state, and local requirements. Collection and storage of covered devices must be performed in accordance with best management practices. (B) All recycling or reuse facilities used by recoverers of covered electronic devices must, at a minimum, achieve and maintain third-party accredited certification. Acceptable certification programs include the Responsible Recycling (R)(2) Practices and e-Stewards. Other certification programs recognized by the department or the United States Environmental Protection Agency also are acceptable. Manufacturers of covered electronic devices shall ensure that recycling or reuse facilities used as part of their recovery programs meet this requirement. Local governments and other consolidators of covered electronic devices shall ensure that the material they collect is transferred to a recycling or reuse facility that meets this requirement. Editor's Note 2010 Act No. 178, SECTION 3, provides: "This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act." 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2014 Act No. 129, SECTION 9, in subsection (A), added the second sentence; and rewrote subsection (B). 2022 Act No. 234, SECTION 1.A, reenacted the section with no apparent change.
S.C. Code Ann. § 48-17-50 — SC Code / Title 48 / Chapter 17 / Section 48-17-50
SECTION 48-17-50. Rights-of-way and easements.
Status: in_force

When political subdivisions of the State submit requests to the Authority for works of improvement, and when the Authority determines that the works of improvement to be installed is a feasible project and consists entirely of construction of floodwater retarding dam and stream channel improvement, including necessary clearing of vegetation, and disposition of excavated material, according to standards of good drainage and other works of improvement as described in SECTION 48-17-30 (9), (10), (11), (12), (13), and (14), the Authority may by virtue of this chapter acquire by any means, including condemnation, rights-of-way, and easements necessary to locate, survey, cause to be constructed, and to maintain works of improvement for the purpose of flood preventing and draining wet or overflow lands, or lands subject to overflow. The drainage or flood prevention must be considered public benefits and conducive to public health, convenience, and welfare.
S.C. Code Ann. § 48-23-96 — SC Code / Title 48 / Chapter 23 / Section 48-23-96
SECTION 48-23-96. Appointment of officers to carry out law enforcement responsibilities of commission; terms; removal; warning tickets.
Status: in_force

(A) The State Forestry Commission shall appoint law enforcement officers whose terms of office must be permanent unless revoked by the commission. Officers may be removed by the commission on proof satisfactory to it that they are not fit persons for these commissions. These officers shall carry out the law enforcement responsibilities of the commission. (B) The officers appointed by the State Forestry Commission may issue a written warning ticket on a form approved by the State Forestry Commission, as appropriate, in their discretion. Effect of Amendment 2021 Act No. 72, SECTION 2, inserted the (A) designator, and added (B).
S.C. Code Ann. § 48-9-560 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-560
SECTION 48-9-560. Determination of need for district; boundaries.
Status: in_force

After such hearing, if the department shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries the department shall give due weight and consideration to the topography of the area considered and of the State, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already organized or proposed for organization under the provisions of this chapter and such other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 48-9-20. The territory to be included within such boundaries need not be contiguous.
S.C. Code Ann. § 48-2-90 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-90
SECTION 48-2-90. Department may establish applicable federal requirements; use of federal fee caps; federal requirements prevail over conflicting provisions of article.
Status: in_force

If the requirements of this article are not in agreement with applicable federal requirements pertaining to the establishment and collection of fees as authorized by this article, the federal requirements take precedence. The department has the authority to establish, by regulation, applicable federal requirements. A permissible maximum fee or cap on a fee authorized by federal law or regulation, or both, must be used by the department.
S.C. Code Ann. § 48-45-70 — SC Code / Title 48 / Chapter 45 / Section 48-45-70
SECTION 48-45-70. Consortium Director; powers and duties.
Status: in_force

A. The board has the power to employ an executive director to be known as the Consortium Director. The salary and fringe benefits appropriated to the position must be derived from funds directly assigned to the consortium for this purpose by the General Assembly. B. The director has the following powers and duties to: 1. direct supervision over all consortium proposals; 2. prepare consortium proposals to be submitted to interested agencies; 3. prepare an annual summary of all submitted proposals; 4. negotiate funding levels for proposals submitted by member institutions; 5. provide an accounting to the board of the director's development funds; 6. request and receive funds from local, state, federal, and private sources for use by the director, consortium, individual member institutions, or other persons; 7. gather, maintain, and make available to interested persons natural resource information from state and federal agencies, higher education institutions, and any other appropriate entity; 8. designate the location of the consortium office, subject to the approval of the board; 9. exercise all incidental powers necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 48-9-1210 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1210
SECTION 48-9-1210. Qualifications of appointed commissioners.
Status: in_force

The two commissioners appointed by the board shall be persons who are by training and experience qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter.
S.C. Code Ann. § 48-11-40 — SC Code / Title 48 / Chapter 11 / Section 48-11-40
SECTION 48-11-40. Petition for formation of district.
Status: in_force

When twenty-five or more qualified electors residing within a proposed watershed conservation district, or, if less than fifty qualified electors are involved, a majority of the qualified electors, desire to form a watershed conservation district, they shall file a petition with the board of commissioners of the soil and water conservation district in which the proposed watershed conservation district is situated, asking that a watershed conservation district be organized to function in the area described in the petition. The petition must: (1) set forth the proposed name of the watershed conservation district; (2) state that there is need in the interest of the public health, safety, and welfare for a watershed conservation district to function in the territory described in the petition; (3) include a map of the proposed watershed conservation district; (4) state the approximate number of acres in the proposed watershed conservation district; (5) state the authority for taxes to be levied each fiscal year for the purposes of the watershed conservation district; (6) include a request that the area described in the petition be established as a watershed conservation district.
S.C. Code Ann. § 48-62-50 — SC Code / Title 48 / Chapter 62 / Article 1 / Section 48-62-50
SECTION 48-62-50. Creation of fund; use of funds.
Status: in_force

There is created in the State Treasury the Disaster Relief and Resilience Reserve Fund, which shall be separate and distinct from the general fund and all other reserve funds. Funds appropriated to the fund only may be used to develop, implement, and maintain the Statewide Resilience Plan, and for disaster relief assistance, hazard mitigation, and infrastructure improvements as set forth in this article. Interest accrued by the fund must remain in the fund and unexpended funds must be retained and carried forward to be used for the same purposes.
S.C. Code Ann. § 48-44-10 — SC Code / Title 48 / Chapter 44 / Section 48-44-10
SECTION 48-44-10. Short title.
Status: in_force

This chapter may be cited as the South Carolina Oil Spill Responders Liability Act.
S.C. Code Ann. § 48-25-10 — SC Code / Title 48 / Chapter 25 / Section 48-25-10
SECTION 48-25-10. Establishment of forestry districts for fire protection.
Status: in_force

There are hereby created and established forty-six several respective forestry districts for fire protection of the forests of South Carolina. Each of the several respective forestry districts shall be composed of one of the several respective counties of the State of South Carolina, and shall be as follows and so numbered and designated, to wit: Each forestry district enumerated and designated herein shall have the same territory and territorial boundaries as the county which it represents and in which it is located.
S.C. Code Ann. § 48-17-20 — SC Code / Title 48 / Chapter 17 / Section 48-17-20
SECTION 48-17-20. Membership of Authority; appointment, terms and organization.
Status: in_force

The Authority shall be composed of thirteen members who shall be appointed by the Governor. The original members shall be the present commissioners of the Crossroads of History Resource, Conservation and Development Project. There shall be two members from each county, and one member at large. The terms of office shall be for four years, except of those initially appointed, one member from each county, and the member at large, shall be appointed for two-year terms. The organizational meeting shall be called by the present chairman of the Crossroads of History Resource, Conservation and Development Project as soon as all members have been appointed and qualified. Upon the expiration of any member's term, or should a vacancy occur, the remaining members shall make recommendations for appointment to the Governor.
S.C. Code Ann. § 48-43-610 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-610
SECTION 48-43-610. Violations and penalties.
Status: in_force

(1) It is unlawful for any person to violate any provision of this article or any rule, regulation of the department, or order of the department made pursuant to this article. Except as otherwise provided, a violation shall be punishable by a civil penalty of up to ten thousand dollars per violation per day to be assessed by the department. Each day during any portion of which the violation occurs constitutes a separate offense. (2) Penalties assessed herein for a discharge shall be the only penalties assessed by the State, and the assessed person or persons, shall be excused from paying any other penalty for water pollution for the same occurrence. (3) The penalty provisions of this section shall not apply to any discharge promptly reported and removed by a registrant or vessel in accordance with the rules, regulations and orders of the Department.
S.C. Code Ann. § 48-23-100 — SC Code / Title 48 / Chapter 23 / Section 48-23-100
SECTION 48-23-100. Growth and sale of forest tree seedlings and transplants; restrictions; receipts to revolving fund; purchase for resale and revolving fund.
Status: in_force

The State Commission of Forestry may grow and sell tree seedlings and transplants to landowners desiring to plant them for reforestation, wildlife, and Christmas tree purposes. No trees may be sold by the commission under the provisions of this section that are to be planted for table trees, potted trees, or shade trees or for ornamental use. Nothing in this section may be construed to prohibit the commission from growing seedlings or transplants for distribution to be planted on state or federal lands, public school grounds, and other public institutions or along state highways. All receipts from the sale of tree seedlings or transplants under the provisions of this section must be retained by the Forestry Commission for use by the commission in the operation of forest tree nurseries and seed orchards. The commission may refund deposits placed with it for tree seedling orders. When demand for forest tree seedlings from landowners in this State exceeds the supply available from commission nurseries, the commission may purchase seedlings for resale at cost plus shipping and one dollar a thousand for administrative costs. The revenue received from the resale and distribution of these seedlings must be retained in a seedling purchase revolving fund and expended only for that purpose.
S.C. Code Ann. § 48-33-90 — SC Code / Title 48 / Chapter 33 / Section 48-33-90
SECTION 48-33-90. Title to property acquired vested in State Commission of Forestry.
Status: in_force

The title to all property acquired incident to carrying out the provisions of this chapter shall be vested in the State Commission of Forestry.
S.C. Code Ann. § 48-9-1290 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1290
SECTION 48-9-1290. Provisions as to acquisitions; operations or dispositions by other public bodies; property of districts tax free.
Status: in_force

No provisions with respect to the acquisition, operation or disposition of property by other public bodies of this State shall be applicable to a district organized under the provisions of this chapter unless the General Assembly shall specifically so state. The property and property rights of every kind and nature acquired by any district organized under the provisions of this chapter shall be exempt from State, county and other taxation.
S.C. Code Ann. § 48-43-380 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-380
SECTION 48-43-380. Lessee's duty to lessor as to termination of oil or gas lease.
Status: in_force

Whenever by reason of the termination of the full period within which an optional gas and oil lease which is of record may be kept alive by the payments of rentals, or at the termination of any of the options in such lease by reason of failure on the part of the lessee to comply with the condition therein for the prevention of forfeiture, such lease shall lapse, the lessee shall, on request in writing by the lessor, with an instrument, duly acknowledged, direct the cancellation of such lease on the records or shall supply the lessor with such instrument. Any lessee failing or refusing to supply the lessor with such an instrument, or failing or refusing to cancel any lease on the records within thirty days after receiving written demand as above, shall be liable to such lessor for a reasonable attorney's fee incurred by the lessor in bringing suit to have such forfeiture and cancellation adjudged, and in addition thereto shall be liable to the lessor for all damages suffered by the lessor by reason of his inability to make any lease on account of the first lease not having been canceled. This section shall be construed to apply to all leases for oil or gas heretofore entered into.
S.C. Code Ann. § 48-1-320 — SC Code / Title 48 / Chapter 1 / Section 48-1-320
SECTION 48-1-320. Penalties for violation of Pollution Control Act.
Status: in_force

A person who wilfully or with gross negligence or recklessness violates a provision of this chapter or a regulation, permit, permit condition, or final determination or order of the department is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or both.
S.C. Code Ann. § 48-30-70 — SC Code / Title 48 / Chapter 30 / Section 48-30-70
SECTION 48-30-70. Time and manner of payment of assessments; processors to maintain production records for assessment purposes; confidentiality of records.
Status: in_force

The assessment shall be levied against the processor of the primary forest product. It shall be submitted on a quarterly basis of the state's fiscal year due and payable the twenty-fifth of the month following the end of each quarter. It shall be remitted to the Department of Revenue, by check or money order, with such production reports as may be required by the Department of Revenue. The processor shall maintain for a period of three fiscal years and make available to the Department of Revenue such production records necessary to verify proper reporting and payment of revenue due the forest renewal fund. The production reports of the various processors shall be used only for assessment purposes. Production information on an individual processor basis shall not be made a part of the public record. Any official or employee of the State who discloses information obtained from a production report, except as may be necessary for administration and collection of the assessment, or in the performance of official duties, or in administrative or judicial proceedings related to the levy of collection of the assessment, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned not more than thirty days.
S.C. Code Ann. § 48-27-260 — SC Code / Title 48 / Chapter 27 / Section 48-27-260
SECTION 48-27-260. Injunctive relief and civil fines.
Status: in_force

The Board may, either before or after the institution of criminal proceedings, institute civil action in the circuit court, in the name of the State, for injunctive relief against any person violating the provisions of this chapter, or the regulations or orders of the Board. For each violation, the court may, in its discretion, impose a fine of no more than ten thousand dollars and order restitution to injured persons.
S.C. Code Ann. § 48-5-110 — SC Code / Title 48 / Chapter 5 / Section 48-5-110
SECTION 48-5-110. Requirements for bonds; security for bonds.
Status: in_force

(A) The bonds of the authority must be authorized by a resolution of the authority and must be in the form and executed in the manner provided in the resolution. The bonds must bear the date and mature at the time which the resolution provides, except that no bond may mature more than thirty years from its date of issue. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the authority before their issuance. The bonds may bear interest payable at a time and at a rate as determined by the authority, including the determination of interest rates by agents designated by the authority under guidelines established by it. Bonds may be sold by the authority at public or private sale at the price it determines and approves. (B) Bonds may be secured by a trust indenture between the authority and a corporate trustee, which may be the State Treasurer or a bank having trust powers or a trust company, designated by the State Treasurer doing business in South Carolina. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the authority in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the authority to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. (C) A resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to such matters relating to the terms of the bonds or the security or protection of the holders of the bonds which the authority considers appropriate.
S.C. Code Ann. § 48-39-145 — SC Code / Title 48 / Chapter 39 / Section 48-39-145
SECTION 48-39-145. Application fee for permit to alter critical area; special provision as to construction of marinas and commercial dock facilities.
Status: in_force

(A) The department may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must pay an administrative fee of two hundred fifty dollars, unless the application is for a dock one hundred feet or less in length, in which case the fee must be one hundred and fifty dollars. Applications for amendments or modifications of permits that must be placed on public notice must be charged an administrative fee of one hundred dollars. The department may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act. A reasonable fee, determined by the department, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature. (B) Permit applicants for construction of marina and commercial dock facilities pursuant to this section are not required to demonstrate a need for the facilities before consideration of the application. (C) For permit applications to construct private recreational docks on the Atlantic Intracoastal Waterway Federal Navigation Project in a county where more than eighty percent of the Atlantic Intracoastal Waterway is outside of the critical area, the department shall defer to the United States Army Corps of Engineers in determining the total allowable dock square footage of the structure. Effect of Amendment 2019 Act No. 29, SECTION 1, added (C), authorizing the Department of Health and Environmental Control to defer to the United States Army Corps of Engineers in determining the size of a private recreational dock in certain circumstances.
S.C. Code Ann. § 48-9-270 — SC Code / Title 48 / Chapter 9 / Article 3 / Section 48-9-270
SECTION 48-9-270. Seal; hearings; rules and regulations.
Status: in_force

The Department of Natural Resources shall adopt a seal which shall be judicially noticed and may perform such acts, hold such public hearings and promulgate such rules and regulations as may be necessary for the execution of its functions under this chapter.
S.C. Code Ann. § 48-45-60 — SC Code / Title 48 / Chapter 45 / Section 48-45-60
SECTION 48-45-60. Officers.
Status: in_force

The officers of the board are the chairman and vice-chairman. These officers must be elected annually by members of the board but may not serve more than two consecutive terms.
S.C. Code Ann. § 48-5-170 — SC Code / Title 48 / Chapter 5 / Section 48-5-170
SECTION 48-5-170. Failure of project sponsor to make payment to authority; section not applicable to certain counties.
Status: in_force

If at any time a project sponsor fails to effect the punctual payment of an amount payable by the project sponsor to the authority pursuant to a loan agreement or other agreement between the project sponsor and the authority, the State Treasurer shall, upon notification by the authority of the failure by the project sponsor to make the payment, and subject to the withholding of amounts pursuant to Article X, Section 14, Paragraph (5) of the Constitution of this State, withhold from the project sponsor sufficient monies from a state appropriation to the project sponsor and apply so much as necessary to the payment of the amount. All appropriations for project sponsors are subject to the provisions of this section. This section shall not apply to a county which, prior to July 15, 1992, has adopted a referendum pursuant to Article VIII, Section 16 of the Constitution, that contains specific restrictions which would prevent the county from receiving a loan from the fund due soley to the foregoing provisions of this section.
S.C. Code Ann. § 48-52-865 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-865
SECTION 48-52-865. Energy Independence and Sustainable Construction Advisory Committee; creation; membership; duties.
Status: in_force

(A)(1) There is established the Energy Independence and Sustainable Construction Advisory Committee. The committee shall consist of thirteen members, ten of which shall be appointed by the Governor for terms of four years until their successors are appointed and qualified. The committee shall be composed of the following: (a) the State Engineer, or his designee, who shall serve as chairman; (b) the Director of the State Energy Office, or his designee; (c) the Director of the Department of Health and Environmental Control, or his designee; (d) one member recommended by the Association of General Contractors; (e) two members recommended by the Commission on Higher Education, one of which shall be appointed from either a research university or a comprehensive teaching institution and one of which shall be appointed from either a regional two-year campus of the University of South Carolina or a technical college; (f) one member recommended by the South Carolina Manufacturer's Alliance; (g) one member recommended by the American Chemistry Council; (h) one member recommended by the South Carolina Chapter of the American Institute of Architects; (i) one member recommended by the South Carolina Forestry Association; (j) one member recommended by the South Carolina Council of Engineering and Surveying Societies; (k) one member recommended by the South Carolina Chapter of the American Society of Heating, Refrigerating and Air Conditioning Engineers; and (l) one member recommended by the conservation community. (2) When making appointments to the committee, the Governor shall appoint members that have subject area expertise related to the design, engineering, construction, operation, maintenance, management, energy management, or growing or manufacturing products used in major facility projects certified under this article. (B)(1) The committee shall: (a) review and analyze all rating systems referred to it by the board pursuant to Section 48-52-825; (b) closely monitor the development of new rating systems, or updates to existing rating systems, to expedite review and analysis of the new or updated rating systems pursuant to subitem (a); (c) review and analyze rating systems in use concerning the rating systems' effectiveness in meeting the goals set forth in Section 48-52-820; (d) make recommendations to the State Engineer concerning the promulgation of regulations concerning rating systems referred to it by the board pursuant to Section 48-52-825; (e) report to the board concerning the effectiveness of current rating systems in meeting the goals set forth in Section 48-52-820; and (f) develop and implement a methodology by which the cost-benefit ratio of the rating systems may be measured so that the State may consider the return on its investment for projects subject to this chapter. (2) The committee shall make recommendations to the board concerning the promulgation of regulations relating to rating systems referred to it by the board pursuant to Section 48-52-825 no later than thirty days after the referral. The thirty day review time shall commence on the day of referral. (C)(1) The committee shall meet as soon as practicable after being referred new rating systems pursuant to Section 48-52-820. (2) Except as provided in item (1), the committee shall meet quarterly, or more frequently as necessary upon the call of the chair or a majority of the membership. (3) Seven members constitutes a quorum to transact committee business. (D) Vacancies on the committee shall be filled in the manner of the original appointment. (E) Members of the committee shall not receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees.
S.C. Code Ann. § 48-23-80 — SC Code / Title 48 / Chapter 23 / Section 48-23-80
SECTION 48-23-80. General powers of commission.
Status: in_force

The State Commission of Forestry may acquire, own, sell, lease, exchange, transfer, rent, pledge and mortgage real and personal property and cooperate with all agencies of the Federal Government in all matters pertaining to reforestation and providing employment for the benefit of the public and may also cooperate with any other department of government of this State to accomplish the intent and purposes of this chapter, and any and all powers deemed necessary for the Commission to conform to any act of Congress or to any rule or regulation promulgated by any duly authorized agency of the Federal Government is hereby vested in the Commission.
S.C. Code Ann. § 48-59-130 — SC Code / Title 48 / Chapter 59 / Section 48-59-130
SECTION 48-59-130. Recreational and economic use.
Status: in_force

The provisions of this chapter must not be construed to eliminate or unreasonably restrict hunting, fishing, farming, forestry, timber management, or wildlife habitat management, as regulated by the laws of this State, upon lands for which interests in lands are obtained pursuant to this chapter. These and other traditional and compatible activities may be conducted, where appropriate, upon lands preserved with trust funds.
S.C. Code Ann. § 48-36-30 — SC Code / Title 48 / Chapter 36 / Section 48-36-30
SECTION 48-36-30. Designated agency; duties.
Status: in_force

The State Commission of Forestry is the designated agency in South Carolina to provide public oversite and guidance for technical forest management practices and related activities in laws pertaining to forest lands. To carry out this charge, the commission may enter into contracts and memorandums of understanding with other state or federal agencies. The commission shall establish Best Management Practices, related monitoring programs, and other programs to assure that forestry practices are in compliance with state and federal regulations.
S.C. Code Ann. § 48-57-60 — SC Code / Title 48 / Chapter 57 / Section 48-57-60
SECTION 48-57-60. Privilege in criminal proceedings.
Status: in_force

The privilege provided for in Section 48-57-30 is not applicable in any criminal proceeding.
S.C. Code Ann. § 48-18-40 — SC Code / Title 48 / Chapter 18 / Section 48-18-40
SECTION 48-18-40. Duties and responsibilities of department.
Status: in_force

The department shall implement a statewide erosion and sediment reduction and stormwater management program as follows: (1) The department is designated as the state agency responsible for developing, coordinating, and promoting erosion and sediment reduction and stormwater management programs in the State. (2) The department must develop general guidelines for reducing erosion and sedimentation and improving stormwater management for use by conservation districts, local government, landowners, and land users of the State. The department must publicize and promote these guidelines through information and education programs. (3) The department must conduct surveys, investigations, and assessments of erosion, sediment, and stormwater management problems. (4) The department must make available existing technical assistance upon request to local governments, conservation districts, landowners, and land users. (5) The department must promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by the State, a state agency, or quasi-state agency or land under the management or control of such an entity through right-of-way easements or other agreements between such entities and private landowners, and must develop regulations for this purpose pursuant to Section 48-18-70. The regulations shall apply to privately owned lands only where they are under the management or control of the State, a state agency, or quasi-state agency through right-of-way easements or other agreements.
S.C. Code Ann. § 48-20-90 — SC Code / Title 48 / Chapter 20 / Section 48-20-90
SECTION 48-20-90. Reclamation plans.
Status: in_force

An explorer shall submit with his application for a certificate of exploration or an operator shall submit with his application for an operating permit a proposed reclamation plan. The reclamation plan for an operating permit only must be furnished to the local soil and water conservation district in which the mining operation is to be conducted. The plan must include as a minimum each of the elements specified in the definition of "reclamation plan" in Section 48-20-40 and other information required by the department. The reclamation plan must provide that reclamation activities, particularly those relating to control of erosion, to the extent feasible, must be conducted simultaneously with mining operations and be initiated at the earliest practicable time after completion or termination of mining on a segment of the permitted land. The plan must provide that reclamation activities must be completed within two years after completion or termination of mining on each segment of the area for which an operating permit is requested unless a longer period specifically is permitted by the department. The department may approve, approve subject to stated modifications, or reject the plan. The department shall approve a reclamation plan as submitted or modified, only if it finds that it adequately provides for those actions necessary to achieve the purposes and requirements of this chapter and that the plan meets the following minimum standards: (1) The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials are to be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. (2) Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. Safety provisions may be required for excavations in unconsolidated materials that are adjacent to residential developments, schools, churches, hospitals, and commercial and industrial buildings. (3) In open cast mining operations, all overburden and spoil must be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. (4) In no event may a provision of this section be construed to allow small pools of water that are, or are likely to become, noxious, odious, or foul to collect or remain on the mined area. Suitable drainage ditches or conduits must be constructed or installed to avoid those conditions. Lakes, ponds, and marsh lands are to be considered adequately reclaimed lands when approved by the department. (5) The type of vegetative cover and methods of its establishment must be specified and in every case conform to accepted and recommended agronomic and reforestation restoration practices as established by the South Carolina Agricultural Experiment Station of Clemson University and the South Carolina Forestry Commission. Advice and technical assistance may be obtained through the state soil and water conservation districts. The department may approve a reclamation plan despite the fact that the plan does not provide for reclamation treatment of every portion of the affected land if the department finds that because of special conditions the treatment is not feasible for particular areas and that the plan takes all practical steps to minimize the extent of the areas. An operator shall have the right to substitute an area mined in the past for an area presently being mined with the approval of the department.
S.C. Code Ann. § 48-52-450 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-450
SECTION 48-52-450. Consolidation of energy-related offices and programs.
Status: in_force

Where possible, the State Energy Office shall encourage consolidating other offices or programs in state government related to energy, energy efficiency, and energy reliability.
S.C. Code Ann. § 48-34-40 — SC Code / Title 48 / Chapter 34 / Section 48-34-40
SECTION 48-34-40. Requirements for conducting prescribed fire; South Carolina Smoke Management Guidelines.
Status: in_force

(A) For purposes of this section, "South Carolina Smoke Management Guidelines" means smoke management guidelines for vegetative debris burning for forestry, agriculture, and wildlife purposes that are promulgated as regulations by the State Forestry Commission pursuant to the Administrative Procedures Act. (B) Prescribed fires conducted pursuant to this chapter: (1) must have a written prescribed fire plan that: (a) complies with the South Carolina Smoke Management Guidelines; (b) is prepared before authorization to burn is issued by the State Commission of Forestry; and (c) is on site and followed during the burn; (2) must have present at least one certified prescribed fire manager who must: (a) be certified by the commission; (b) personally supervise the burn from ignition until the certified prescribed fire manager determines the burn to be safe; (c) fully consider both fire behavior and related smoke management issues during and after the burn; (3) are considered in the public interest and do not constitute a public or private nuisance when conducted pursuant to the South Carolina Smoke Management Guidelines, Chapters 1 and 35, Title 48, and Chapter 2, Title 50; prescribed fires that are purposefully set in accordance with these chapters and the South Carolina Smoke Management Guidelines are exempt from the open fire prohibition pursuant to R. 61-62.2 and are acceptable to the Department of Health and Environmental Control if the fire is for: (a) burning forest lands for specific management practices; (b) agricultural control of diseases, weeds, and pests and for other specific agricultural purposes; (c) open burning of trees, brush, grass, and other vegetable matter for game management purposes; (4) are considered a property right of the property owner. Editor's Note 2012 Act No. 139, SECTION 3, provides as follows: "The guidelines published by the State Forestry Commission in August 2006 entitled, 'Smoke Management Guidelines for Vegetative Debris Burning for Forestry, Agriculture, and Wildlife purposes in the State of South Carolina' are hereby considered promulgated by the State Forestry Commission and approved by the General Assembly. Any amendment, replacement, or revision of these guidelines must be promulgated by the State Forestry Commission pursuant to the Administrative Procedures Act." Effect of Amendment The 2012 amendment rewrote the section.
S.C. Code Ann. § 48-14-130 — SC Code / Title 48 / Chapter 14 / Section 48-14-130
SECTION 48-14-130. Watershed master plan.
Status: in_force

(A) In addition to the other regulatory requirements in this chapter, designated watersheds shall have the regulatory requirements for land disturbing activities within the watershed clearly specified through a watershed master plan which includes nonpoint source pollution control, stormwater management, and flood control components. The watershed master plan for the designated watershed must contain the following information: (1) stormwater quantity or quality problem identification; (2) the overall condition and needs of the watershed, not just the additional impacts of new development activities; (3) alternative approaches to address the existing and future problems; (4) a defined approach which includes the overall costs and benefits; (5) a schedule for implementation; (6) funding sources and amounts; and (7) a public involvement process which includes the establishment of a local watershed advisory committee and public hearing prior to approval by the department. (B) Upon approval of the watershed master plan, all projects undertaken in the designated watershed must have stormwater management and nonpoint source pollution control requirements placed upon them that are consistent with the designated watershed master plan.
S.C. Code Ann. § 48-3-70 — SC Code / Title 48 / Chapter 3 / Section 48-3-70
SECTION 48-3-70. Required provisions in loan agreements; provision for additional parity bonds.
Status: in_force

Every loan agreement shall contain a covenant obligating the industry to effect the completion of the pollution control facilities if the proceeds of the bonds prove insufficient, and each such loan agreement shall obligate the industry to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such pollution control facilities, (b) to build up and maintain any reserves deemed by the governing board to be advisable in connection therewith, and (c) to pay the costs of maintaining the pollution control facilities in good repair and the cost of keeping it properly insured. The loan agreement may provide for the issuance of additional parity bonds as required in order to complete the pollution control facility.
S.C. Code Ann. § 48-9-550 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-550
SECTION 48-9-550. Determination against establishment; filing of subsequent petition.
Status: in_force

If the department shall determine after such hearing, after due consideration of the facts presented at such hearing and such other relevant facts and information as may be available, that there is no need for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as provided in Section 48-9-510 and new hearings held and determinations made thereon.
S.C. Code Ann. § 48-49-70 — SC Code / Title 48 / Chapter 49 / Section 48-49-70
SECTION 48-49-70. Identification of protected mountain ridge crests.
Status: in_force

(a) The Department of Parks, Recreation and Tourism shall identify the protected mountain ridge crests in each county by showing them on a map or drawing, describing them in a document, or any combination thereof. These maps, drawings, or documents shall identify the protected mountain ridges as defined in SECTION 48-49-30 and such other mountain ridges as any county may request, and shall specify those protected mountain ridges that serve as all or part of the boundary line between two counties. By January 1, 1985, the map, drawing, or document tentatively identifying the protected mountain ridge crests of each county must be filed with the governing body of that county, with the municipal governing body of each municipality that requests it, and with the register of deeds or the clerk of court in the county where the land lies, and made available for inspection at the Department's offices in Columbia. (b) Determinations by the Department of elevations under this section are conclusive in the absence of fraud. Code Commissioner's Note 1997 Act No. 34, SECTION 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
S.C. Code Ann. § 48-56-90 — SC Code / Title 48 / Chapter 56 / Section 48-56-90
SECTION 48-56-90. Public comment on issuance or revocation of cooperative agreements; notice.
Status: in_force

(A) The department shall provide at least 30 days for public comment on the proposed issuance or revocation of a cooperative agreement and in other instances as the department deems appropriate. (B) The department shall prepare a public notice of a proposed action under subsection (A) that: (1) briefly describes the facility that is the subject of the proposed action; (2) identifies the proposed action and states whether any variances would be granted under Section 48-56-50 by the proposed action; (3) identifies an employee of the department and an employee of the applicant or participant who may be contacted for additional information about the proposed action; (4) states that the draft of the proposed action is available upon request; (5) states that comments concerning the proposed action may be submitted to the department during the comment period and states the last date of the comment period. (C) Before the start of the public comment period, the department shall provide the public notice under subsection (B) to the applicant or participant, the federal Environmental Protection Agency, the members of the interested persons group established under Section 48-56-60 and all persons who have asked to receive notice of proposed actions under subsection (A). The department shall mail the public notice to any other person upon request. The department shall make a copy of the public notice available at the department's main office and at the environmental quality control district office where the facility subject to the proposed action is located. The applicant shall circulate the public notice in the area of the facility subject to the proposed action by posting the notice in public buildings, publishing the notice in local newspapers, and by any other approaches that the department determines are effective. (D) The department shall hold a public informational forum on a proposed action if the comments received during the public comment period demonstrate considerable public interest in the proposed action.
S.C. Code Ann. § 48-14-70 — SC Code / Title 48 / Chapter 14 / Section 48-14-70
SECTION 48-14-70. Review of local government programs; approval, modification, disapproval.
Status: in_force

(A) Any local government that has adopted a stormwater management and/or sediment control program before May 27, 1992 may request approval of any or all components of its existing program within its jurisdiction. This request must be submitted within six months of the promulgation of the applicable state regulation. The review and approval, approval with modification, or disapproval of these existing programs must be given priority by the department. The local government shall continue to administer its existing programs during the review process by the department. The review must include consideration of the efficiency and effectiveness of the existing program in meeting the intent of this chapter. (B) The department shall approve a program upon determining that its standards equal or exceed those of this chapter. The department shall only modify the portions of a program which do not meet the minimum standards of this chapter. (C) If a local government's request for approval of one or more components of an existing stormwater management or sediment control is not approved by the department, the local government may appeal the department's action following the procedures detailed in the Administrative Procedures Act.
S.C. Code Ann. § 48-39-305 — SC Code / Title 48 / Chapter 39 / Section 48-39-305
SECTION 48-39-305. Judicial determination of ownership and whether construction prohibition applies or requires compensation; burden of proof.
Status: in_force

(A) A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the petitioner is the owner of the land or has an interest in it. If he is adjudged the owner of the land or to have an interest in it, the court shall determine whether the prohibition so restricts the use of the property as to deprive the owner of the practical uses of it and is an unreasonable exercise of police power and constitutes a taking without compensation. The burden of proof is on the petitioner as to ownership, and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of police power. (B) The method provided in this section for the determination of the issue of whether the prohibition constitutes a taking without compensation is the exclusive judicial determination of the issue, and it must not be determined in another judicial proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of the petitioner, the order must require the State either to issue the necessary permits for construction or reconstruction of a structure, order that the prohibition does not apply to the property, or provide reasonable compensation for the loss of the use of the land or the payment of costs and reasonable attorney's fees, or both. Either party may appeal the court's decision. Editor's Note Note: The Supreme Court, 1991 leading cases: Lucas v. South Carolina Coastal Council. 106 Harv L Rev 269 (Nov 1992).
S.C. Code Ann. § 48-30-40 — SC Code / Title 48 / Chapter 30 / Section 48-30-40
SECTION 48-30-40. Assessment on primary forest products; conditions for suspension of assessment.
Status: in_force

There is levied in assessment on all primary forest products harvested from lands within the State at rates established in SECTION 48-30-60 and the proceeds of such assessment shall be deposited in the forest renewal fund as provided in SECTION 48-28-100. Collection of the assessment shall be suspended in any fiscal year in which the General Assembly fails to make general fund appropriations to the forest renewal fund. Collection of the assessment shall be suspended in any fiscal year in which there is carried forward from previous years a balance of unobligated funds in the forest renewal fund greater than four times the amount appropriated from the general fund for that fiscal year. If the assessment is suspended because of either paragraph 2 or 3 of this section, the suspension shall cease when the condition causing the suspension no longer exists.
S.C. Code Ann. § 48-52-435 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-435
SECTION 48-52-435. Prior approval required for studies of alternative energy usage or conservation measures.
Status: in_force

In order to avoid duplicative studies, funds shall not be expended by state agencies for studies investigating alternative energy usage or conservation measures without prior approval of the State Energy Office and the Joint Legislative Committee on Energy.
S.C. Code Ann. § 48-57-50 — SC Code / Title 48 / Chapter 57 / Section 48-57-50
SECTION 48-57-50. Revocation of privilege in administrative proceedings.
Status: in_force

In an administrative proceeding before an administrative law judge, the department may seek by motion a declaratory ruling on the issue of whether an environmental audit report is privileged. The administrative law judge shall revoke the privilege granted in Section 48-57-30 to an audit report if the factors set forth in this section apply. In a civil proceeding, the court, after an in camera review, shall revoke the privilege provided for in Section 48-57-30 if the court determines that disclosure of the environmental audit report was sought after the effective date of this chapter, and: (1) the privilege is asserted for purposes of deception or evasion; or (2) even if subject to the privilege provided for in Section 48-57-30: (a) the material shows evidence of significant noncompliance with applicable environmental laws; (b) the owner or operator of the facility has not promptly initiated and pursued with diligence appropriate action to achieve compliance with these environmental laws or has not made reasonable efforts to complete any necessary permit application; and (c) as a result, the owner or operator of the facility did not or will not achieve compliance with applicable environmental laws or did not or will not complete the necessary permit application within a reasonable period of time.
S.C. Code Ann. § 48-52-810 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-810
SECTION 48-52-810. Definitions.
Status: in_force

As used in this article: (1) "Board" means the State Fiscal Accountability Authority's governing board. (2) "Building project" means the design, construction, renovation, operation, and maintenance of any inhabited physical structure and its associated project building site. (3) "Commercial interior fit-out" means interior design and installation by owners or tenants of new or existing office space, typically exclusive of structural components and core and shell elements. (4) "GBI" means the Green Building Initiative. (5) "Globes" means the level of a building's sustainability and energy efficiency performance as determined by GBI's Green Globes Rating System. (6) "Green Globes Rating System" means the environmental building rating system established by the Green Building Initiative. (7) "High-performance building" means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment. (8) "LEED" means the U.S. Green Building Council's Leadership in Energy and Environmental Design Rating System. (9) "LEED Silver standard" means the Silver standard as set forth by USGBC's LEED Green Building Rating System. (10)(a) "Major facility project" means: (i) a state-funded new construction building project in which the building to be constructed is larger than ten thousand gross square feet; (ii) a state-funded renovation project in which the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or (iii) a state-funded commercial interior tenant fit-out project that is larger than seven thousand five hundred square feet of leasable area. (b) "Major facility project" does not mean: (i) a building, regardless of size, that does not have conditioned space as defined by Standard 90.1 of the American Society of Heating, Refrigerating and Air-Conditioning Engineers; (ii) a public kindergarten, elementary school, middle school, secondary school, junior high school, or high school, all as defined in Section 59-1-150; (iii) a correctional facility constructed for the Department of Corrections, Office of Mental Health, or Department of Juvenile Justice; (iv) a building project funded by the State Ports Authority, the Coordinating Council for Economic Development, or the State Infrastructure Bank; or (v) a building project funded by the Department of Health and Environmental Control in which the primary purpose of the building project is for the storage of archived documents. (11) "Renovation project" means a building project involving the modification or adaptive reuse of an existing facility. (12) "Third-party commissioning agent" means a person accredited by the USGBC or GBI, with expertise in building system performance, who will analyze, evaluate, and confirm the proper function and performance of a high performance building, its systems, equipment, and indoor air quality, and who did not participate in the original certification of the major facility project or renovation project. (13) "USGBC" means the United States Green Building Council. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2014 Act No. 150, SECTION 3, in subsection (1), substituted "Fiscal Accountability Authority's governing board" for "Budget and Control Board".
S.C. Code Ann. § 48-23-40 — SC Code / Title 48 / Chapter 23 / Section 48-23-40
SECTION 48-23-40. Payment of commission members' expenses.
Status: in_force

The members of the Commission shall be paid their actual expenses while in attendance upon the meetings of the Commission or while going to and from such meetings.
S.C. Code Ann. § 48-14-80 — SC Code / Title 48 / Chapter 14 / Section 48-14-80
SECTION 48-14-80. Conduct of regulated activity by federal agency; requirement of approval by commission.
Status: in_force

One year after May 27, 1992, a federal agency may not undertake any regulated activity unless the agency has submitted a stormwater management and sediment control plan to the department and received its approval. The only variation to this requirement is when program elements are delegated by the department to a federal agency.
S.C. Code Ann. § 48-2-60 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-60
SECTION 48-2-60. Challenges to fees; petition, hearing, and determination of challenge.
Status: in_force

A person required to pay the fees set forth in this article who disagrees with the calculation or applicability of the fee may petition the department for a hearing by submitting a petition setting forth the fee which is challenged, the grounds on which relief is sought, and the total amount of the fee due. The petition and the fee must be received by the department no later than thirty days after the due date. The hearing must be conducted in accordance with contested case provisions set forth in the Administrative Procedures Act and department regulations. If it is finally determined that the amount in dispute was improperly assessed, the department shall return the amount determined to be improperly assessed with interest not to exceed the statutory rate.
S.C. Code Ann. § 48-9-530 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-530
SECTION 48-9-530. Consolidation of overlapping petitions.
Status: in_force

When more than one petition is filed covering parts of the same territory the department may consolidate all or any of such petitions.
S.C. Code Ann. § 48-27-180 — SC Code / Title 48 / Chapter 27 / Section 48-27-180
SECTION 48-27-180. Registration of persons licensed by other states or countries; criminal convictions.
Status: in_force

A person licensed to practice forestry by a state or country whose requirements are commensurate with the requirements of this State, upon payment of the fee established pursuant to Section 48-27-140, may be registered and licensed to practice forestry in this State, with renewal privileges set forth in Section 48-27-190. The board shall deny licensure to a person convicted of a felony or crime involving moral turpitude. However, the applicant may be licensed by the board if: (1) At least five years have passed since he was convicted, sentenced, or released from incarceration, whichever is later. (2) No criminal charges are pending against him.
S.C. Code Ann. § 48-23-150 — SC Code / Title 48 / Chapter 23 / Section 48-23-150
SECTION 48-23-150. Disbursement of funds.
Status: in_force

All of such funds shall be disbursed by the State Treasurer upon warrants drawn by the State Commission of Forestry.
S.C. Code Ann. § 48-20-200 — SC Code / Title 48 / Chapter 20 / Section 48-20-200
SECTION 48-20-200. Appeals of decision of council, its committee or hearing panel; appeal of department's refusal to release bond or security.
Status: in_force

An appeal to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) may be taken from any decision of the council, or its designated committee or the hearing panel. An appeal also may lie against the department's refusal to release part or all of a bond or other security posted pursuant to Section 48-20-110 as provided in Section 48-20-130.
S.C. Code Ann. § 48-35-20 — SC Code / Title 48 / Chapter 35 / Section 48-35-20
SECTION 48-35-20. Authorization must be obtained from landowner to conduct burning.
Status: in_force

A lessee of any land, or any employee of any landowner or lessee of land, or other person, must receive prior authorization from the landowner to conduct such burning, in addition to complying with the other provisions of this chapter.
S.C. Code Ann. § 48-30-80 — SC Code / Title 48 / Chapter 30 / Section 48-30-80
SECTION 48-30-80. Enforcement of primary forest product assessment.
Status: in_force

The Department of Revenue shall enforce collection of the primary forest product assessment in accordance with statutory remedies and procedures pertaining to collection of revenue by it.
S.C. Code Ann. § 48-43-560 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-560
SECTION 48-43-560. Removal and abatement of discharge; use of federal funds; liability and rights of persons rendering assistance.
Status: in_force

(1) Any person discharging pollutants in violation of this article shall immediately undertake to contain remove, and abate the discharge to the Department's satisfaction. Notwithstanding the above requirement, the Department may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the Department. (2) If the person causing a discharge, or the person in charge of facilities at which a discharge has taken place, fails to act, the Department may arrange for the removal of the pollutant, except that if the pollutant was discharged into or upon the navigable waters of the United States, the Department shall act in accordance with the national contingency plan for removal of such pollutant as established pursuant to the Federal Water Pollution Control Act, as amended, and the costs of removal incurred by the Department shall be paid in accordance with the applicable provisions of the law. Federal funds provided under this act shall be used to the maximum extent possible prior to the expenditure of state funds. (3) In the event of discharge the source of which is unknown, any local discharge cleanup organization shall, upon the request of the Department or its designee, immediately contain and remove the discharge. No action taken by any person to contain or remove a discharge, whether such action is taken voluntarily or at the request of the Department or its designee, shall be construed as an admission of liability for the discharge. (4) No person who, voluntarily or at the request of the Department or its designee, renders assistance in containing or removing pollutants shall be liable for any civil damages to third parties resulting solely from acts or omissions or such person in rendering such assistance, except for acts or omissions amounting to gross negligence or willful misconduct. (5) Nothing in this article shall affect in any way the right of any person who renders assistance in containing or removing pollutants to reimbursement for the costs of the containment or removal under the applicable provisions of this article or the Federal Water Pollution Control Act, as amended, or any rights which that person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of the pollutants.
S.C. Code Ann. § 48-25-40 — SC Code / Title 48 / Chapter 25 / Section 48-25-40
SECTION 48-25-40. Laws applicable to all forestry and compact forestry districts.
Status: in_force

The State laws in force on March 6, 1964 affecting forestry shall, until changed, apply to all of the forestry districts and compact forestry districts of the State, except where otherwise specified, and all laws of the State thereafter enacted shall apply to the entire State except where otherwise specified.
S.C. Code Ann. § 48-34-60 — SC Code / Title 48 / Chapter 34 / Section 48-34-60
SECTION 48-34-60. Conducting prescribed fire without certified prescribed manager present.
Status: in_force

Notwithstanding the requirements of this chapter, a person may conduct a prescribed fire without a certified prescribed fire manager present.
S.C. Code Ann. § 48-27-220 — SC Code / Title 48 / Chapter 27 / Section 48-27-220
SECTION 48-27-220. Roster of registered foresters.
Status: in_force

A roster, showing the names and places of business of all registered foresters qualified according to the provisions of this chapter, shall be prepared by the secretary of the Board during the month of July of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the Secretary of State, and furnished to the public on request.
S.C. Code Ann. § 48-9-1280 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1280
SECTION 48-9-1280. Commissioners may require contributions or agreements by landowners or occupiers as to permanent use.
Status: in_force

As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this State or one of its agencies the commissioners may require contributions in money, services, materials or otherwise to any operations conferring such benefits and may require landowners and occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damage thereon.
S.C. Code Ann. § 48-4-70 — SC Code / Title 48 / Chapter 4 / Section 48-4-70
SECTION 48-4-70. General duties of board.
Status: in_force

The board shall: (1) hold meetings, as considered necessary by the chairman, with a majority of the board members constituting a quorum. The board may hold meetings, transact business, or conduct investigations at any place necessary; however, its primary office is in Columbia; (2) formulate and recommend legislation to enhance uniformity, enforcement, and administration of the wildlife, marine, and natural resource laws; (3) make an annual report to the General Assembly on all matters relating to its action; (4) pay travel expenses; and purchase or lease all necessary facilities, equipment, books, periodicals, and supplies for the performance of its duties; and (5) exercise and perform other powers and duties as granted to it or imposed upon it by law. Effect of Amendment 2022 Act No. 230, SECTION 2.B, deleted (4), which related to giving bond for the faithful performance of duties, and redesignated former (5) and (6) as (4) and (5).
S.C. Code Ann. § 48-20-140 — SC Code / Title 48 / Chapter 20 / Section 48-20-140
SECTION 48-20-140. Administrative fee for deficiencies.
Status: in_force

The department may assess an administrative fee as part of the issuance of notices of uncorrected deficiencies or violations. A fee of two hundred fifty dollars may be assessed for the first notice of uncorrected deficiencies or violations with subsequent notices for the same deficiencies assessed at five hundred dollars a notice. The operator may appeal the issuance of the notice of uncorrected deficiencies and violations and administrative fees as provided in Section 48-20-190.
S.C. Code Ann. § 48-43-590 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-590
SECTION 48-43-590. Financial responsibility of owners or operators of terminal facilities.
Status: in_force

All persons operating or owning terminal facilities, within the territorial jurisdiction of the State shall furnish, under such conditions as may be prescribed from time to time by the Department, evidence of financial responsibility of fourteen million dollars to meet any and all liabilities to all persons caused by the operations of any such terminal facilities. Evidence of financial responsibility may be established by an insurance or surety bond issued by an insurance or bonding company authorized to do business in the State, qualifications of a self-insurer or other evidence of financial responsibility acceptable to the Department. This provision shall not be construed as limiting the liability of any person operating or owning terminal facilities.
S.C. Code Ann. § 48-9-320 — SC Code / Title 48 / Chapter 9 / Article 3 / Section 48-9-320
SECTION 48-9-320. Allocation of State appropriations.
Status: in_force

Unless otherwise provided by law all moneys which may from time to time be appropriated out of the State Treasury for the use of soil and water conservation districts shall be available to pay the administrative and other expenses of such districts and shall be allocated by the department among the districts already organized and to be organized during the fiscal year for which such appropriation is made. Such allocation shall be fair, reasonable and in the public interest, giving due consideration to the greater relative expense of carrying on operations within the particular districts because of such factors as unusual topography, unusual severity of erosion, special difficulty of carrying on operations, special volume of work to be done and the special importance of instituting erosion control and soil and water conservation operations immediately. In making allocations of such moneys, the department shall reserve an amount estimated by it to be adequate to enable it to make subsequent allocations in accordance with the provisions of this section from time to time among districts which may be organized within the current fiscal year after the initial allocations are made. All appropriations made for the purpose of this chapter shall be disbursed by the State Treasurer on warrants approved and signed by the department.
S.C. Code Ann. § 48-60-56 — SC Code / Title 48 / Chapter 60 / Section 48-60-56
SECTION 48-60-56. Collection sites for manufacturer electronic waste program.
Status: repealed

Section effective until December 31, 2029. (A) Beginning in program year 2023, each manufacturer electronic waste program must offer collection sites in accordance with the following convenience standards for each county or solid waste authority serving one or more counties that elects to participate in the manufacturer electronic waste program during a given program year: (1) one collection site in each county that has a population of less than one hundred thousand inhabitants; (2) two collection sites in each county that has a population of at least one hundred thousand inhabitants and less than two hundred thousand inhabitants; (3) three collection sites in each county that has a population of at least two hundred thousand inhabitants. (B) For purposes of this section, county population must be determined using the most recent federal decennial census. (C) A designated representative of a county or a solid waste authority serving one or more counties pursuant to the provisions of Section 48-60-57, that elects to participate in a manufacturer electronic waste program may enter into a written agreement with the operator of a manufacturer electronic waste program in order to: (1) reduce or increase the number of collection sites in the county for the program year; provided, however, the agreement must be included in the manufacturer electronic waste program as required pursuant to Section 48-60-57(A); (2) substitute a collection site in the county for four one-day collection events or a different number of such events as provided for in the written agreement; provided, however, the agreement must be included in the manufacturer electronic waste program as required pursuant to Section 48-60-57(A); (3) substitute the location of a collection site in the county for the manufacturer electronic waste program with another location; (4) substitute the location of a one-day collection event in the county with another location; or (5) with the agreement of the applicable retailer, use a retail collection site as a program collection site. (D) Retail collection sites are not considered a collection site for the purposes of the convenience standards established pursuant to this section unless otherwise agreed to in writing by the retailer, operators of the manufacturer electronic waste program, and the applicable county or solid waste authority serving one or more counties. If retailers agree to participate in a program collection site, then the retailer collection site does not have to collect all covered devices or register as a collector. (E) Nothing in this chapter prohibits a retailer from collecting a fee for each covered device collected. (F) Manufacturers may use retail collection sites for satisfying some or all of their obligations pursuant to Sections 48-60-51, 48-60-56, and 48-60-57. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
S.C. Code Ann. § 48-39-110 — SC Code / Title 48 / Chapter 39 / Section 48-39-110
SECTION 48-39-110. Submission of plan by State Ports Authority.
Status: in_force

The South Carolina State Ports Authority shall prepare and submit to the department a management plan for port and harbor facilities and navigation channels. Upon approval by the department of such management plan it shall become part of the comprehensive coastal management program developed by the department. The South Carolina State Ports Authority shall include in the management plan a designation of the geographical area appropriate for use by public and private port and harbor facilities and military and naval facilities and submit this to the department for approval.
S.C. Code Ann. § 48-60-40 — SC Code / Title 48 / Chapter 60 / Section 48-60-40
SECTION 48-60-40. Computer manufacturer to provide recovery program or financial incentive of equal or greater value for sales or offers of sale of covered computer devices.
Status: repealed

Section effective until December 31, 2029. (A) A computer manufacturer may not sell or offer to sell in this State a covered computer device unless the computer manufacturer provides a recovery program at no charge. A recovery program must: (1) require a computer manufacturer to offer to collect from a consumer a covered computer device bearing a label as provided in Section 48-60-30; and (2) make the collection service as convenient to a consumer as the purchase of a covered computer device from a computer manufacturer as follows: (a) A computer manufacturer may utilize a mail-back system in which a consumer can return an end-of-life covered device by mail, including a system in which a consumer can go online, print a prepaid shipping label, package the product, and affix the prepaid label to the package for deposit with the United States Postal Service or other carrier selected by the computer manufacturer. (b) If the computer manufacturer does not provide a mail-back system, the computer manufacturer must provide collection sites or collection events, or both, that are centrally located in a county, region, or other locations based on population. Computer manufacturers shall work in coordination with the department to determine an appropriate number of collection sites or collection events, or both. (B) A recovery program may use existing collection and consolidation infrastructure for collecting covered devices, including retailers, recyclers, and reuse organizations. (C) Computer manufacturers may work collectively and cooperatively to offer collection services to consumers. (D) A recovery program must be described on a computer manufacturer's Internet website if a manufacturer maintains an Internet website. (E) Collection events under this section must accept any covered computer device. 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, in (A), in the first sentence, deleted "or provides a financial incentive of equal or greater value, such as a coupon" from the end.
S.C. Code Ann. § 48-43-820 — SC Code / Title 48 / Chapter 43 / Article 4 / Section 48-43-820
SECTION 48-43-820. Civil penalties; correction of detrimental conditions; liability to third persons.
Status: in_force

(A) Any person who violates any provision of this chapter, or any rule, regulation or order of the department, shall also be subject to a civil penalty of not more than five thousand dollars for each act of violation and for each day that such violation continues. (B) Any person who negligently or willfully permits an oil or gas well to go wild or to get out of control, to cause pollution or waste, or to create other conditions that are detrimental to the property rights of others or the public shall be liable to the department for the expense incurred in correcting the detrimental conditions and the civil penalties imposed by Section 48-43-820A and the department is hereby authorized to take whatever action it deems necessary, including operation of the well, to correct the detrimental conditions and charge the owner or producer, or both, of the well for the expenses incurred. (C) The penalties and liabilities provided in this section shall be recoverable by civil suit filed by the Attorney General in the name and on behalf of the department in the court of common pleas of the county in which the defendant resides or in which any defendant resides, if there be more than one defendant, or in the court of common pleas of any county in which the violation occurred. The payment of any such penalty shall not operate to legalize any illegal oil, illegal gas or illegal product involved in the violation for which the penalty is imposed or relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation. (D) In addition to any civil and criminal penalties imposed by this chapter, any person who violates any provisions of this chapter, or rules, regulations and orders of the department, shall be liable to all third parties who may incur damage or injury because of such violations.
S.C. Code Ann. § 48-6-20 — SC Code / Title 48 / Chapter 6 / Section 48-6-20
SECTION 48-6-20. Functions, powers, and duties.
Status: in_force

(A) The Department of Environmental Services is vested with all the functions, powers, and duties of the environmental divisions, offices, and programs of the Department of Health and Environmental Control on the effective date of this act. (B) The department may promulgate regulations necessary to implement the provisions of this chapter. (C) The department may apply for and accept funds, grants, gifts, and services from the State, the United States government or any of its agencies, or any other public or private source and may use funds derived from these sources to defray clerical and administrative costs, as may be necessary for carrying out the department's duties.
S.C. Code Ann. § 48-39-80 — SC Code / Title 48 / Chapter 39 / Section 48-39-80
SECTION 48-39-80. Development of coastal management program.
Status: in_force

The department shall develop a comprehensive coastal management program, and thereafter have the responsibility for enforcing and administering the program in accordance with the provisions of this chapter and any rules and regulations promulgated under this chapter. In developing the program the department shall: (A) Provide a regulatory system which the department shall use in providing for the orderly and beneficial use of the critical areas. (B) In devising the management program the department shall consider all lands and waters in the coastal zone for planning purposes. In addition, the department shall: (1) Identify present land uses and coastal resources. (2) Evaluate these resources in terms of their quality, quantity and capability for use both now and in the future. (3) Determine the present and potential uses and the present and potential conflicts in uses of each coastal resource. (4) Inventory and designate areas of critical state concern within the coastal zone, such as port areas, significant natural and environmental, industrial and recreational areas. (5) Establish broad guidelines on priority of uses in critical areas. (6) Provide for adequate consideration of the local, regional, state and national interest involved in the siting of facilities for the development, generation, transmission and distribution of energy, adequate transportation facilities and other public services necessary to meet requirements which are other than local in nature. (7) Provide for consideration of whether a proposed activity of an applicant for a federal license or permit complies with the State's coastal zone program and for the issuance of notice to any concerned federal agency as to whether the State concurs with or objects to the proposed activity. (8) Provide for a review process of the management plan and alterations thereof that involves local, regional, state and federal agencies. (9) Conduct other studies and surveys as may be required, including the beach erosion control policy as outlined in this chapter. (10) Devise a method by which the permitting process shall be streamlined and simplified so as to avoid duplication. (11) Develop a system whereby the department shall have the authority to review all state and federal permit applications in the coastal zone, and to certify that these do not contravene the management plan. For individual navigable waters permits for docks located in the eight coastal counties but outside of critical areas, a coastal zone consistency certification is deemed approved if certification review is not completed within thirty days of an administratively complete application. (C) Provide for a review process of the management program and alterations that involve interested citizens as well as local, regional, state and federal agencies. (D) Consider the planning and review of existing water quality standards and classifications in the coastal zone. (E) Provide consideration for nature-related uses of critical areas, such as aquaculture, mariculture, waterfowl and wading bird management, game and nongame habitat protection projects and endangered flora and fauna. Effect of Amendment 2019 Act No. 28, SECTION 1, in (B)(11), added the second sentence, providing that certain coastal zone consistency certifications are deemed approved within thirty days of an administratively complete application.
S.C. Code Ann. § 48-1-83 — SC Code / Title 48 / Chapter 1 / Section 48-1-83
SECTION 48-1-83. Dissolved oxygen concentration depression; procedures to obtain site-specific effluent limit.
Status: in_force

(A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.1 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied by demonstrating that resident aquatic species shall not be adversely affected. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department by regulation. (B) A party seeking a site-specific effluent limit related to dissolved oxygen pursuant to this section must notify the department in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department. (C) The department, in consultation with the Department of Natural Resources and the Environmental Protection Agency, shall provide a general methodology to be used for consideration of a site-specific effluent limit related to dissolved oxygen. (D) The party seeking a site-specific effluent limit related to dissolved oxygen must conduct a study: (1) to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model or, if available, a site-specific multidimensional dynamic water quality model. (2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression. (E) The department shall provide the following agencies sixty days in which to review and provide comments on the design of the scientific study required in subsection (D): (1) the United States Fish & Wildlife Service of the United States Department of the Interior; (2) the United States Geological Survey of the United States Department of the Interior; (3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce; and (4) The Department of Natural Resources. The department and the Department of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (D). The department and the Environmental Protection Agency must concur on the final design before a study is initiated. Justification of any objection to the study design must be based solely on scientific considerations. Objections to the study design must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen. (F) The department shall provide the following agencies sixty days to review and comment on the results of the studies required in subsection (D): (1) the United States Fish and Wildlife Service of the United States Department of the Interior; (2) the United States Geological Survey of the United States Department of the Interior; and (3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce. In order for a site-specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department, the Department of Natural Resources and the Environmental Protection Agency must concur that the results of the study required in subsection (D) justify its implementation. In reaching a decision on the study results, the department and the Department of Natural Resources must base their decision upon the entire record, taking into account whatever in the record detracts from the weight of the decision, and must be supported by evidence that a reasonable mind might accept as adequate to support the decision. Objections to the acceptance of the results of the study must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen. Effect of Amendment The 2010 amendment substituted "0.1" for "0.10" in the first sentence of subsection (A).
S.C. Code Ann. § 48-3-90 — SC Code / Title 48 / Chapter 3 / Section 48-3-90
SECTION 48-3-90. Use of proceeds from sale of bonds.
Status: in_force

The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: The actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's and engineers' fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one year after completion of the construction.
S.C. Code Ann. § 48-1-330 — SC Code / Title 48 / Chapter 1 / Section 48-1-330
SECTION 48-1-330. Civil penalties.
Status: in_force

Any person violating any of the provisions of this chapter, or any rule or regulation, permit or permit condition, final determination or order of the Department, shall be subject to a civil penalty not to exceed ten thousand dollars per day of such violation.
S.C. Code Ann. § 48-23-280 — SC Code / Title 48 / Chapter 23 / Section 48-23-280
SECTION 48-23-280. Use of revenue for scrub oak eradication and reforestation in Manchester and Sandhills State Forests.
Status: in_force

The Commission may expend annually an amount not to exceed the total receipts derived annually from the State forests under the administration of the Commission in order to commence a program not exceeding seven years to carry out scrub oak eradication operations on the Manchester and Sandhills State Forests and for the reforestation of such treated areas at a minimum rate of four thousand acres annually. The Commission may enter into contracts with such persons as may be necessary in order to carry out the provisions of this section. The program authorized in this section shall commence as soon as is practicable after May 24, 1960. No expenditures or contracts authorized by this section shall be made without the approval of the State Fiscal Accountability Authority. The provisions of this section shall in no way affect the provisions of SECTION 48-23-260. 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. § 48-30-50 — SC Code / Title 48 / Chapter 30 / Section 48-30-50
SECTION 48-30-50. Collection of assessment by Department of Revenue; information and assistance to be provided by State Forester; reimbursement of department for collection costs.
Status: in_force

1. The Department of Revenue shall develop the necessary administrative procedures to collect the assessment, collect the assessment from primary forest product processors, deposit funds collected from the assessment in the forest renewal fund and audit the records of processors to determine compliance with the provisions of this chapter. 2. The State Forester shall provide quarterly to the Department of Revenue lists of processors subject to the assessment, advise the Department of Revenue of the appropriate methods to convert measurements of primary forest products by systems other than those authorized in this chapter, establish in September the estimated total assessment that shall be collectable in the next budget period and inform the Governor and the General Assembly and notify, within thirty days of certification of the state budget, the Department of Revenue of the need to collect the assessment for the period covered by the approved budget. The Department of Revenue shall be reimbursed for those expenditures incurred as a cost of collecting the assessment for the forest renewal fund. This amount shall be transferred from the forest renewal fund in equal increments at the end of each quarter of the fiscal year to the Department of Revenue. This amount shall not exceed fifty thousand dollars annually. 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).
S.C. Code Ann. § 48-60-05 — SC Code / Title 48 / Chapter 60 / Section 48-60-05
SECTION 48-60-05. Short title.
Status: repealed

Section effective until December 31, 2029. This chapter may be cited as the "South Carolina Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act". 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. § 48-56-70 — SC Code / Title 48 / Chapter 56 / Section 48-56-70
SECTION 48-56-70. Application review; time-frame for entering into initial agreements; renewal.
Status: in_force

(A) The department shall review each application submitted under Section 48-56-60. Upon completion of the review, the department shall decide whether to enter into negotiations with the applicant to finalize the cooperative agreement. If the application involves federal environmental law and regulations that the department is authorized to administer and enforce, the department shall consult with the U.S. Environmental Protection Agency to ensure that any action taken on the application is consistent with the department's federal program delegation, authorization, or approvals. (B) Participation is at the discretion of the department, and any decision to reject an initial application or a draft cooperative agreement is not appealable under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases. (C) The department may terminate negotiations with an applicant concerning a draft cooperative agreement and the decision to terminate negotiations is not appealable under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases. (D) The department may not enter into an initial cooperative agreement after the first day of the 60th month beginning after the effective date of this act. (E) At least six months before the expiration of the initial cooperative agreement, the participant shall notify the department of whether or not it wishes to renew the cooperative agreement. A cooperative agreement may be renewed one time for a period of up to five years. If the participant wishes to renew the cooperative agreement, it shall include with the notification any requests for changes to the initial agreement. (F) If the participant or the department decides not to renew the cooperative agreement, the participant shall submit at least three months before the expiration of the initial cooperative agreement an application for any approvals needed to replace the terms of the agreement and any information requested by the department. If the department does not issue the approvals before the expiration of the cooperative agreement, the agreement remains in effect until the approvals are issued by the department.
S.C. Code Ann. § 48-27-200 — SC Code / Title 48 / Chapter 27 / Section 48-27-200
SECTION 48-27-200. Procedure for revocation of licenses; reissuance; appellate review.
Status: in_force

The board may, upon proof that grounds exist that the licensee has committed fraud, deceit, gross negligence, incompetency, or other misconduct in connection with any forestry practice, order the revocation or suspension of a license, publicly or privately reprimand the holder of a license, or take any other action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the practice of the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. The board may designate a person to investigate and report to it upon any charges of fraud, deceit, gross negligence, incompetency, or other misconduct in connection with any forestry practice against any registrant as may come to its attention. Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct in connection with any forestry practice against any registrant. The charges must be in writing and must be filed with the secretary of the board. All charges, unless dismissed by the board as unfounded or trivial, must be heard by the board as soon as a thorough investigation may be made and a hearing scheduled. The time and place for the hearing must be fixed by the board, and a copy of the charges, together with a notice of the time and place of the hearing, must be personally served on or mailed to the last known address of the registrant at least thirty days before the date fixed for the hearing. At any hearing the accused registrant may appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense. Any registrant whose license has been sanctioned may apply for a review of the proceedings with reference to the sanction of his license before an Administrative Law Judge as provided under Chapter 23 of Title 1. The review must be upon the record made before the board. Petition for review of this act of the board must be served upon the board within thirty days from the date of the service of the order or the decision of the board upon the person. Upon service upon it of a petition for review, the board shall within thirty days certify the record made before it to an Administrative Law Judge as provided under Chapter 23 of Title 1.
S.C. Code Ann. § 48-39-100 — SC Code / Title 48 / Chapter 39 / Section 48-39-100
SECTION 48-39-100. Plan developed in cooperation with local governments.
Status: in_force

(A) The management program specified in Section 48-39-90 shall be developed in complete cooperation with affected local governments in the coastal zone. This cooperation shall include, but not be limited to: (1) Involvement of local governments or their designees in the management program. (2) Provision of technical assistance and grants to aid local governments in carrying out their responsibilities under this chapter. (3) Dissemination of improved informational data on coastal resources to local and regional governmental units. (4) Recommendations to local and regional governmental units as to needed modifications or alterations in local ordinances that become apparent as a result of the generation of improved and more comprehensive information. (B) Any city or county that is currently enforcing a zoning ordinance, subdivision regulation or building code, a part of which applies to critical areas, shall submit the elements of such ordinances and regulations applying to critical areas to the department for review. The department shall evaluate such ordinances and plans to determine that they meet the provisions of this chapter and rules and regulations promulgated hereunder. Upon determination and approval by the department, such ordinances and regulations shall be adopted by the department, followed by the department in meeting its permit responsibilities under this chapter and integrated into the Department's Coastal Management Program. Any change or modification in the elements of approved zoning ordinances, subdivision regulations or building codes applying to critical areas shall be disapproved by the department if it is not in compliance with the provisions of this chapter and rules and regulations promulgated hereunder. (C) Any city or county that is not currently enforcing ordinances or regulations on the critical areas within its jurisdiction at its option may elect to develop a management program for such critical areas by notifying the department of its intent within one hundred and eighty days following the twenty-fourth day of May, 1977. Such proposed ordinances and regulations applying to critical areas shall be subject to the process specified in Section 48-39-100(B). (D) Any county or city may delegate some or all of its responsibilities in developing a coastal management program for critical areas under its jurisdiction to the regional council of government of which it is a part, provided the county or city has notified the department in writing at least thirty days prior to the date on which such action is to be taken. Editor's Note Under the provisions of Chapter 34, Title 1, an agency is required to adopt the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing by giving notice in the State Register.
S.C. Code Ann. § 48-40-10 — SC Code / Title 48 / Chapter 40 / Section 48-40-10
SECTION 48-40-10. Citation of chapter.
Status: in_force

This chapter may be cited as the "South Carolina Beach Restoration and Improvement Trust Act".
S.C. Code Ann. § 48-43-315 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-315
SECTION 48-43-315. Application of article to geothermal resources.
Status: in_force

All provisions of this article regulating the leasing for, exploration for, drilling for, transportation of, and production of oil and gas and their products apply to geothermal resources to the extent possible. The provisions of this article do not apply to wells drilled for water supply only.
S.C. Code Ann. § 48-9-520 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-520
SECTION 48-9-520. Content of petition.
Status: in_force

Any such petition shall set forth: (1) The proposed name of the district; (2) That there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the territory described in the petition; (3) A description of the territory proposed to be organized as a district, which shall not be required to be given by metes and bounds or by legal subdivisions but shall be deemed sufficient if generally accurate; and (4) Requests (a) that the department duly define the boundaries for the district, (b) that a referendum be held within the territory so defined on the question of the creation of a soil and water conservation district in such territory and (c) that the department determine that such a district be created.
S.C. Code Ann. § 48-9-15 — SC Code / Title 48 / Chapter 9 / Article 1 / Section 48-9-15
SECTION 48-9-15. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the Department of Natural Resources. (2) "Division" means the Land, Water, and Conservation Division of the Department of Natural Resources. (3) "Director" means the administrative head of the department appointed by the board. Effect of Amendment 2019 Act No. 74, SECTION 1.A, in (2), substituted "the Land, Water, and Conservation Division" for "Land Resources and Conservation Districts Division".
S.C. Code Ann. § 48-2-40 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-40
SECTION 48-2-40. Purpose and uses of fund.
Status: in_force

The fund is available to the department to help defray the costs of administering the regulatory programs under each act enumerated in Section 48-2-30(B). The monies must be used for improved performance in permitting, certification, licensing, monitoring, investigating, enforcing, and administering the department's functions under these acts. Monies collected pursuant to the Federal Clean Air Act may be used as necessary to administer the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, support staff, equipment, legal services, contracts with consultants, and program expenses as listed in Title V of the 1990 amendments to the Federal Clean Air Act.
S.C. Code Ann. § 48-33-70 — SC Code / Title 48 / Chapter 33 / Section 48-33-70
SECTION 48-33-70. Plans for forest fire protection; rules and regulations for administration of plans.
Status: in_force

The State Commission of Forestry shall prepare for each county forestry board a plan for forest fire protection for the fiscal year and present such plan at the July meeting of the board. It shall have power to make and enforce all rules and regulations necessary for the administration of forest fire protection.
S.C. Code Ann. § 48-3-100 — SC Code / Title 48 / Chapter 3 / Section 48-3-100
SECTION 48-3-100. Refunding bonds.
Status: in_force

Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by the county or the incorporated municipality, as the case may be, but only with the approval of the State Fiscal Accountability Authority being first obtained, by the issuance of its refunding bonds in such amount as the governing board may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses, and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under the authority of this chapter shall be payable in the same manner and under the same terms and conditions as are herein provided for the issuance of bonds. In addition to the powers herein granted for the issuance of refunding bonds any governing board may avail itself of the provision of SECTIONS 11-21-10 to 11-21-80, (the Advanced Refunding Act). 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. § 48-62-360 — SC Code / Title 48 / Chapter 62 / Article 3 / Section 48-62-360
SECTION 48-62-360. Sources of funding.
Status: in_force

In addition to appropriations made by the General Assembly, the office shall seek out additional sources of funding to sustain the fund, including federal dollars from the Department of Housing and Urban Development Community Development Block Grant-Disaster Recovery appropriations. Additional appropriations to the fund may be requested from the General Assembly so as to expand the capabilities of the fund.
S.C. Code Ann. § 48-60-160 — SC Code / Title 48 / Chapter 60 / Section 48-60-160
SECTION 48-60-160. Fees and fines for manufacturers; exemptions.
Status: repealed

Section effective until December 31, 2029. (A) A manufacturer subject to the requirements of this chapter shall pay the department an annual registration fee in the amount of three thousand five hundred dollars. (B) A manufacturer that produces computer monitors, computers, or televisions is only required to pay one annual registration fee, if a fee is required. (C) A manufacturer of a covered device that fails to comply with a requirement of this chapter is subject to a fine not to exceed seven thousand dollars per violation. (D) A manufacturer of a covered device that sells one hundred or fewer such devices in the State per year is exempt from registration or penalty proposed in this chapter. (E) All fees and penalties collected by the department to administer and enforce this chapter must be deposited in a dedicated account and may be expended by the department to cover the department's costs to implement this chapter. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2022 Act No. 234, SECTION 1.A, rewrote the section.
S.C. Code Ann. § 48-59-100 — SC Code / Title 48 / Chapter 59 / Section 48-59-100
SECTION 48-59-100. Public access requirement.
Status: in_force

Notwithstanding any other provision of this chapter, an easement acquired in whole or in part with trust funds must provide for public access consistent with the uses permitted by the terms of the easement.
S.C. Code Ann. § 48-27-140 — SC Code / Title 48 / Chapter 27 / Section 48-27-140
SECTION 48-27-140. Application and fee for registration.
Status: in_force

Applicants for registration shall make application on forms prescribed and furnished by the Board. The applications shall contain statements made under oath showing the applicant's education and a detailed summary of his technical work and shall include not less than five references, of whom three or more must be foresters having personal or professional knowledge of his forestry experience. The registration fee for a license as a registered forester must be set by the Board by regulation. Should the Board deny the issuance of a license to any applicant, the initial fee deposited must be retained by the Board as an application fee.
S.C. Code Ann. § 48-28-70 — SC Code / Title 48 / Chapter 28 / Section 48-28-70
SECTION 48-28-70. No limitation on woodland acreage of eligible landowner.
Status: in_force

There shall be no limitation of woodland acreage owned by an eligible landowner.
S.C. Code Ann. § 48-15-30 — SC Code / Title 48 / Chapter 15 / Section 48-15-30
SECTION 48-15-30. 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 canal, ditch, drain, river, 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, dykes, dams, sluices, revetments, reservoirs, holding basins, floodways, pumping stations and syphons 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 drain, 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, sluice, 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. § 48-34-10 — SC Code / Title 48 / Chapter 34 / Section 48-34-10
SECTION 48-34-10. Short title.
Status: in_force

This chapter is known as the "South Carolina Prescribed Fire Act".
S.C. Code Ann. § 48-27-250 — SC Code / Title 48 / Chapter 27 / Section 48-27-250
SECTION 48-27-250. Penalties.
Status: in_force

Except as specifically provided in this chapter, a person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years.
S.C. Code Ann. § 48-4-60 — SC Code / Title 48 / Chapter 4 / Section 48-4-60
SECTION 48-4-60. Director.
Status: in_force

The board shall appoint a director upon the advice and consent of the Senate. The director shall serve at the pleasure of the board and must be the administrative head of the department. The director must carry out the policies of the board and administer the affairs of the department. The director may exercise all powers belonging to the board within the guidelines and policies established by the board. The director shall manage the administration and organization of the department and may appoint such assistants or deputies the director considers necessary. The director may hire these employees as the director considers necessary for the proper administration of the affairs of the department. The director must prescribe the duties, powers, and functions of all assistants, deputies, and employees of the department. Editor's Note 2012 Act No. 215, SECTION 4, provides as follows: "Notwithstanding another provision of law to the contrary, a person appointed to serve, or serving, as a member of the Department of Natural Resources Board to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, as the representative of the district to which he was transferred for the term of office for which he was appointed; however, the appointing authority shall appoint an additional member to the board from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment The 2012 amendment inserted ", upon the advice and consent of the Senate. The director shall" and made other, nonsubstantive, changes.
S.C. Code Ann. § 48-39-45 — SC Code / Title 48 / Chapter 39 / Section 48-39-45
SECTION 48-39-45. Coastal Zone Management Advisory Council created; membership; duties.
Status: in_force

(A)(1) On July 1, 2010, there is created the Coastal Zone Management Advisory Council that consists of fifteen members, which shall act as an advisory council to the department's Office of Ocean and Coastal Resources Management. (2) The members of the council must be constituted as follows: (a) eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; and (b) seven members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote. (3) The council shall elect a chairman, vice chairman, and other officers it considers necessary. (B) Terms of all members are for four years and until successors are appointed and qualified. A vacancy must be filled in the original manner of selection for the remainder of the unexpired term. (C) Members of the council may not be compensated for their services and are not entitled to mileage, subsistence, or per diem as provided by law for members of state boards, committees, and commissions and are not entitled to reimbursement for actual and necessary expenses incurred in connection with and as a result of their service on the council. (D)(1) The council shall provide advice and counsel to the staff of the Office of Ocean and Coastal Resources Management in implementing the provisions of the South Carolina Coastal Zone Management Act. The department and the public may bring a matter concerning implementation of the provisions of this act by operation of its permitting and certification process, including the promulgation of regulations, to the council's attention. (2) The council shall meet at the call of the chairman. (3) Advice and counsel of the council is not binding on the department. Editor's Note 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." Effect of Amendment The 2012 amendment substituted "fifteen" for "fourteen" in subsection (A)(1), and in subsection (A)(2)(b) substituted "seven" for "six".
S.C. Code Ann. § 48-11-20 — SC Code / Title 48 / Chapter 11 / Section 48-11-20
SECTION 48-11-20. Establishment of watershed conservation districts authorized; purpose; effect on existing procedures.
Status: in_force

Watershed conservation districts may be established as provided in this chapter within one or more soil and water conservation districts to develop and execute plans and programs relating to a phase of the control or prevention of soil erosion or flooding; the conservation, protection, improvement, development, or utilization of soil and water resources; stormwater management; or the disposal of water. This authority applies, but is not limited to, the planning and carrying out of works of improvement for the foregoing purposes which may be considered by the United States Secretary of Agriculture under the Watershed and Flood Prevention Act, 68 Stat. 666, as amended, and does not affect the existing procedures followed by local interests in the planning and construction of water resources development projects of other agencies. However, this chapter may be used when, in the opinion of those agencies, the use is advisable or expedient.
S.C. Code Ann. § 48-60-60 — SC Code / Title 48 / Chapter 60 / Section 48-60-60
SECTION 48-60-60. Liability of computer, computer monitor, or television manufacturers.
Status: repealed

Section effective until December 31, 2029. A computer, computer monitor, or television manufacturer is not liable for damages arising from information stored on a covered device collected from a consumer under the manufacturer's electronic waste program. Editor's Note 2010 Act No. 178, SECTION 3, provides: "This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act." 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2014 Act No. 129, SECTION 5, added "computer monitor,", and substituted "is not liable" for "may not be liable". 2022 Act No. 234, SECTION 1.A, substituted "electronic waste program" for "recovery programs of this chapter".
S.C. Code Ann. § 48-1-310 — SC Code / Title 48 / Chapter 1 / Section 48-1-310
SECTION 48-1-310. Local air pollution control programs.
Status: in_force

The governing body of any county is hereby authorized to establish, administer and enforce a local air pollution control program, subject to the approval of the Department. Such programs shall be formulated in accordance with standards and procedures adopted by the Department, and shall be subject to periodic review by the Department, which shall have the power to invalidate such programs if found to be unsatisfactory. County pollution control authorities, when constituted under this section, are hereby authorized to exercise in the geographic area involved all of the powers specified in this chapter, including the authority to adopt rules, regulations and procedures for the control of air pollution.
S.C. Code Ann. § 48-1-150 — SC Code / Title 48 / Chapter 1 / Section 48-1-150
SECTION 48-1-150. Situations in which public hearing is required or authorized.
Status: in_force

Public hearings shall be conducted by the Department prior to action by the Department in the classification of the waters or the adoption of standards of purity and quality thereof as provided by this chapter. The Department may conduct public hearings prior to action in the following cases, either of its own volition or upon the request of affected persons, (a) an order of determination of the Department requiring the discontinuance of discharge of sewage, industrial waste or other wastes into the waters of the State or air contaminant into the ambient air, (b) an order issuing, denying, revoking, suspending or modifying a permit, (c) a determination that a discharge constitutes pollution of waters of a marine district and (d) any other proceeding resulting in a finding of fact or determination that a discharge of air contaminants into the ambient air or sewage, industrial waste or other wastes into the waters of the State contravenes the standards established for such air and waters.
S.C. Code Ann. § 48-57-10 — SC Code / Title 48 / Chapter 57 / Section 48-57-10
SECTION 48-57-10. Purpose.
Status: in_force

(A) The General Assembly finds that the protection of the environment rests principally on the public's voluntary compliance with environmental laws; that voluntary compliance is most effectively achieved through the implementation of regular self-evaluative activities such as audits of compliance status and management systems to assure compliance; and that it is in the public's interest to encourage these activities by assuring limited protection of audit findings and of fair treatment of those who report an environmental compliance violation or audit findings to regulatory authorities in accordance with Section 48-57-100. In order to encourage owners and operators of facilities and persons conducting other activities regulated under federal, state, regional, or local laws to conduct voluntary internal environmental audits of compliance programs or management systems and to assess and improve compliance with these laws, an environmental audit privilege is established and recognized to protect the confidentiality of communications relating to voluntary internal environmental audits and a limited protection from penalties is established for those who disclose an environmental compliance violation or audit findings to regulatory authorities. (B) Notwithstanding any other provisions of law, nothing in this chapter shall be construed to protect individuals, entities, or facilities from a criminal investigation or prosecution carried out by any appropriate governmental entity. (C) Notwithstanding any other provision of law, any privilege granted by this chapter shall apply only to those communications, oral or written, pertaining to and made in connection with the self-audit and shall not apply to the facts relating to the violation itself.
S.C. Code Ann. § 48-4-50 — SC Code / Title 48 / Chapter 4 / Section 48-4-50
SECTION 48-4-50. Board to set policies of department.
Status: in_force

The board must be vested with the duty and authority to set the policies for the department subject only to the laws of this State and the United States. The board has no duty or authority concerning the management of, control over, or administration of the day to day affairs of the department. Editor's Note 2012 Act No. 215, SECTION 4, provides as follows: "Notwithstanding another provision of law to the contrary, a person appointed to serve, or serving, as a member of the Department of Natural Resources Board to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, as the representative of the district to which he was transferred for the term of office for which he was appointed; however, the appointing authority shall appoint an additional member to the board from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment The 2012 amendment rewrote the section.
S.C. Code Ann. § 48-31-10 — SC Code / Title 48 / Chapter 31 / Section 48-31-10
SECTION 48-31-10. Proclamation forbidding use of fire in forests or woodlands when conditions are abnormal; annulment of proclamation.
Status: in_force

Whenever by reason of a drought, low humidity, high winds, and other conditions, the forests and woodlands in the State are in danger of fires, the Governor, upon recommendation of the State Forester, may in the interest of public safety and the preservation of natural resources, have authority by proclamation to forbid the use of fire therein. When the Governor is satisfied that the occasion has passed for maintaining the provisions of the proclamation he shall annul it by another proclamation.
S.C. Code Ann. § 48-1-130 — SC Code / Title 48 / Chapter 1 / Section 48-1-130
SECTION 48-1-130. Order for discontinuance of discharge of wastes or air contaminants.
Status: in_force

A person discharging sewage, industrial waste, or other waste or air contaminant into the environment of the State, in such manner or quantity as to cause pollution, without regard to the time that the discharge began or whether or not the continued discharge has been by virtue of a permit issued by the department, shall discontinue the discharge upon receipt of an order of the department. An order is subject to review pursuant to Section 44-1-60 and the Administrative Procedures Act. This section does not abrogate any of the department's emergency powers. Effect of Amendment The 2012 amendment rewrote the section.
S.C. Code Ann. § 48-60-170 — SC Code / Title 48 / Chapter 60 / Section 48-60-170
SECTION 48-60-170. Intent of chapter; immunity from liability.
Status: repealed

Section effective until December 31, 2029. (A) The intent of this chapter is to implement programs and services that ensure the availability of adequate end-of-life electronic product handling for the benefit of citizens of the State, which fairly, effectively, and efficiently share the burdens of doing so among television manufacturers, computer manufacturers, and computer monitor manufacturers, regardless of the effect on competition of doing so, and which require the State to direct and supervise implementation of a statewide plan of one or more consumer electronic device stewardship programs. Manufacturer clearinghouses and persons participating in manufacturer clearinghouses may not be held liable or prosecuted under federal or state antitrust, unfair trade, and competition laws and regulations. (B) A manufacturer or manufacturer clearinghouse acting pursuant to the provisions of this chapter may negotiate, enter into, or conduct business with each other and with any other entity developing, implementing, operating, participating in, or performing any other activities directly related to a manufacturer electronic waste program. No manufacturer, manufacturer clearinghouse, and eligible program shall be subject to damages, liability, enforcement actions, or scrutiny under federal or state antitrust, unfair trade, and competition laws and regulations, regardless of the effects of their actions on competition. It further is the intent and belief of the State that the supervisory activities described in this chapter are sufficient to confirm that activities of the manufacturer clearinghouse, manufacturers, eligible programs, and recoverers developing or participating in a plan that is approved pursuant to Section 48-60-51 or 48-60-56 are authorized and actively supervised by the State. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2022 Act No. 234, SECTION 1.A, rewrote the section.
S.C. Code Ann. § 48-52-210 — SC Code / Title 48 / Chapter 52 / Article 2 / Section 48-52-210
SECTION 48-52-210. Policy and purpose.
Status: in_force

(A) It is the policy of this State to have a comprehensive state energy plan that maximizes to the extent practical environmental quality and energy conservation and efficiency and minimizes the cost of energy throughout the State. To implement this policy there is adopted the Plan for State Energy Policy. (B) The purpose of the plan is to: (1) ensure access to energy supplies at the lowest practical environmental and economic cost; (2) ensure long-term access to adequate, reliable energy supplies; (3) ensure that demand-side options are pursued wherever economically and environmentally practical; (4) encourage the development and use of clean energy resources, including nuclear energy, energy conservation and efficiency, and indigenous, renewable energy resources; (5) ensure that basic energy needs of all citizens, including low income citizens, are met; (6) ensure that energy vulnerability to international events is minimized; (7) ensure that energy-related decisions promote the economic and environmental well-being of the State and maximize the ability of South Carolina to attract retirees, tourists, and industrial and service-related jobs; (8) ensure that short-term energy decisions do not conflict with long-range energy needs; (9) ensure that internal governmental energy use patterns are consistent with the state's long-range interests; (10) ensure that state government is organized appropriately to handle energy matters in the best public interest; (11) ensure that governmental energy-related tax, expenditure, and regulatory policies are appropriate, and, wherever possible, maximize the long-range benefits of competition; and (12) ensure that any future energy strategy that promotes carbon-free, nongreenhouse gas emitting sources includes nuclear energy, renewable resources, and energy conservation and efficiency. Effect of Amendment The 2009 amendment, in item (4), added "clean energy resources, including nuclear energy, energy conservation and efficiency, and", and added item (12) relating to future energy strategy.
S.C. Code Ann. § 48-52-430 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-430
SECTION 48-52-430. Annual state energy action plan.
Status: in_force

The State Energy Office annually shall submit to the Governor and the Public Utility Review Committee, the House Labor, Commerce and Industry Committee, and the Senate Agriculture and Natural Resources Committee a state energy action plan that includes, but is not limited to: (a) activities by the State Energy Office to carry out the Plan for State Energy Policy; (b) recommendations for long-term quantitative and qualitative energy goals for the residential, commercial, industrial, transportation, governmental, and utility sectors, and measures of progress for these goals; (c) identification of obstacles to efficiency for which legislative, regulatory, or other governmental remedies are appropriate. Effect of Amendment The 2009 amendment, in the introductory paragraph, substituted "the Public Utility Review Committee, the House Labor, Commerce and Industry Committee, and the Senate Agriculture and Natural Resources Committee" for "Joint Legislative Committee on Energy".
S.C. Code Ann. § 48-60-59 — SC Code / Title 48 / Chapter 60 / Section 48-60-59
SECTION 48-60-59. Manufacturer electronic waste program plan submitted by a manufacturer clearinghouse.
Status: repealed

Section effective until December 31, 2029. (A) A manufacturer electronic waste program plan submitted by a manufacturer clearinghouse may take into account and incorporate individual plans or operations of one or more manufacturers that are participating in the manufacturer clearinghouse. (B) If a manufacturer clearinghouse allocates responsibility to manufacturers for manufacturers' transportation and recycling of covered television devices and covered computer monitor devices during a program year as part of a manufacturer electronic waste program plan, the manufacturer clearinghouse shall identify the allocation methodology in the manufacturer recovery plan submitted to the department pursuant to Section 48-60-58. Any allocation of responsibility among manufacturers for the collection of covered devices must be in accordance with the allocation methodology established pursuant to Section 48-60-61. (C) A manufacturer clearinghouse has no authority to enforce manufacturer compliance with the requirements of this chapter, including compliance with the allocation methodology set forth in a manufacturer electronic waste plan, but upon prior notice to the manufacturer, shall refer any potential noncompliance to the department. A manufacturer clearinghouse may develop and implement policies and procedures that exclude from participation in the manufacturer clearinghouse any manufacturers found by the department or a court of competent jurisdiction to have failed to comply with this chapter. (D) A manufacturer may request the department review a manufacturer electronic waste program plan proposed by the clearinghouse. The department shall consider all factors submitted in the request for review in making its determination in accordance with Section 48-60-58(B). Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
S.C. Code Ann. § 48-6-30 — SC Code / Title 48 / Chapter 6 / Section 48-6-30
SECTION 48-6-30. Procedures regarding decisions on permits, licenses, certificates, and other approvals.
Status: in_force

(A) All decisions of the Department of Environmental Services involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, certificates, or other actions of the department which may give rise to a contested case, except a decision to establish a baseline or setback line, must be made using the procedures set forth in this section. A department decision referenced in this subsection relating to a poultry facility or another animal facility, except a swine facility, also must comply with the provisions of Section 48-6-40. (B) The department shall comply with all requirements for public notice, receipt of public comments, and public hearings before making a decision. To the maximum extent possible, the department shall use a uniform system of public notice of permit applications, opportunity for public comment, and public hearings. (C) In making a decision about a permit, license, certification, or other approval, the department shall take into consideration all material comments received in response to the public notice in determining whether to issue, deny, or condition a permit, license, certification, or other approval. At the time that a decision is made, the department shall issue a written decision and shall base its decision on the administrative record, which must consist of the application and supporting exhibits, all public comments and submissions, and other documents contained in the supporting file for the permit, license, certification, or other approval. The administrative record also may include material readily available at the department, or published materials which are generally available and need not be physically included in the same file as the rest of the record as long as those materials are referred to specifically in the department decision. The department is not required to issue a written decision for issuance of routine permits for which the department has not received adverse public comments. (D)(1) The department shall send notice of a decision by certified mail, return receipt requested to the applicant, permittee, licensee, certificate holder, and affected persons who have requested in writing to be notified. Affected persons may request in writing to be notified by regular mail or electronic mail in lieu of certified mail. Notice of decisions for which a department decision is not required pursuant to subsection (C) must be provided by mail, delivery, or other appropriate means to the applicant, permittee, licensee, certificate holder, and affected persons who have requested in writing to be notified. (2) Within thirty calendar days after the mailing of a decision pursuant to item (1), an applicant, permittee, licensee, certificate holder, or affected person desiring to contest the department decision may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. Notwithstanding Section 1-23-600(H)(1), the entirety of Section 1-23-600(H) shall apply to timely requests for a contested hearing of decisions from the Department of Environmental Services. The court shall give consideration to the provisions of Section 1-23-330 regarding the department's specialized knowledge. (E) If a deadline provided for in this section falls on a Saturday, Sunday, or state holiday, the deadline must be extended until the next calendar day that is not a Saturday, Sunday, or state holiday.
S.C. Code Ann. § 48-1-350 — SC Code / Title 48 / Chapter 1 / Section 48-1-350
SECTION 48-1-350. Penalties constitute debts to State; liens; disposition of moneys collected.
Status: in_force

All penalties assessed under this chapter are held as a debt payable to the State by the person against whom they have been charged and constitute a lien against the property of the person. One-half of the civil penalties collected inure to the benefit of the county. The criminal penalties collected pursuant to Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205.
S.C. Code Ann. § 48-52-635 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-635
SECTION 48-52-635. State agency to carry forward and retain savings realized from energy conservation measures.
Status: in_force

Pursuant to Section 48-52-630, an agency's savings realized in the prior fiscal year from implementing an energy conservation measure as compared to a baseline energy use as certified by the State Energy Office, may be retained and carried forward into the current fiscal year. This savings, as certified by the State Energy Office, must first be used for debt retirement of capital expenditures, if any, on the energy conservation measure, after which time savings may be used for agency operational purposes and where practical, reinvested into energy conservation areas. The agency must report all actual savings in the energy portion of its annual report to the Office of Regulatory Staff. Effect of Amendment 2014 Act No. 121, SECTION 14, substituted "Office of Regulatory Staff" for "State Budget and Control Board".
S.C. Code Ann. § 48-46-10 — SC Code / Title 48 / Chapter 46 / Section 48-46-10
SECTION 48-46-10. Citation of chapter.
Status: in_force

This chapter may be cited as the "Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act". Editor's Note 2000 Act No. 357, SECTION 4, provides as follows: "The provisions of this act are to be liberally construed to effectuate its purpose. If any provisions of this act shall be determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision shall be severable from the remaining portions of this chapter and shall not invalidate the remaining provisions of this chapter, which shall continue in full force and effect. If any provision of this act shall be determined by a court of competent jurisdiction to be in conflict with any other provision of this act, and particularly the provisions of the Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985), the provisions of the compact shall govern."
S.C. Code Ann. § 48-9-650 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-650
SECTION 48-9-650. Certificate conclusive as to establishment of district; admissibility of certificate as evidence.
Status: in_force

In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State as provided in Section 48-9-630. A copy of such certificate duly certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof.
S.C. Code Ann. § 48-54-30 — SC Code / Title 48 / Chapter 54 / Section 48-54-30
SECTION 48-54-30. Development of Strategic State Plan for Litter.
Status: in_force

(A) To provide effective, statewide litter removal, reduction and prevention, and litter law enforcement, the commission shall develop a Strategic State Plan for Litter, which must be balanced and comprehensive, but flexible and dynamic in order to be revised and expanded to encompass new innovations, methods, and resources. (B)(1) The plan must address the overall goal of reducing litter through developing coordinated, cost-effective, and efficient methods of litter removal, litter reduction and prevention, and litter law enforcement. (2) To perform litter removal activities, the plan must: (a) identify and prioritize sites for litter removal and determine ways to expand the pool of individuals performing litter removal; (b) identify and coordinate state agencies, local governments, and private profit and nonprofit organizations that will engage in litter removal and identify their roles and responsibilities in the performance of litter removal including the responsibility of removal of animal carcasses; (c) facilitate the development of policies and procedures to be utilized by state agencies, local governments, and private profit and nonprofit organizations for litter removal including, but not limited to, scheduling and coordinating litter removal, providing transportation and supervision of individuals performing litter removal, and determining methods and systems for the litter removal process, including the pickup of collected, removed litter; and (d) develop and facilitate the use of interagency agreements or memoranda of agreements under which state agencies, local governments, and private profit and nonprofit organizations can coordinate and cooperate in fulfilling their litter removal obligations under the plan. (3) To carry out litter reduction and prevention, the plan must: (a) identify and evaluate existing public education and awareness programs and campaigns for continuation, modification, or consolidation; (b) publicize and promote participation in litter reduction and prevention programs and campaigns; facilitate the communication, coordination, and cooperation among state agencies, local governments, private profit and nonprofit organizations, business, and industry participating in litter reduction and prevention programs and campaigns; and (c) conduct research on the development of new and innovative public awareness and education programs including the development of litter programs for schools and community organizations and the development of public awareness through media outlets and other public means. (4) To increase the enforcement of litter law violations, the plan must: (a) educate law enforcement and the judiciary about the detrimental impact of litter in this State and the role and importance of enforcing litter laws; (b) publicize and promote existing methods of effective reporting of litter law violations; (c) conduct research and evaluate how other states and jurisdictions have increased enforcement of litter laws. (5) The plan must include the awarding of meaningful recognition and effective incentives to promote and encourage participation in appropriate litter removal, reduction and prevention, and litter law enforcement programs and campaigns.
S.C. Code Ann. § 48-53-10 — SC Code / Title 48 / Chapter 53 / Section 48-53-10
SECTION 48-53-10. Definitions.
Status: in_force

As used in this chapter: (1) "Litter" means all waste material including, but not limited to, bottles, glass, crockery, cans, paper, plastic, rubber, garbage, offal, waste building material at construction sites, disposable packages, or containers thrown or deposited as prohibited by the provisions of this chapter but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. (2) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
S.C. Code Ann. § 48-20-300 — SC Code / Title 48 / Chapter 20 / Section 48-20-300
SECTION 48-20-300. Lands to be included in reclamation plans.
Status: in_force

All lands mined subsequent to July 1, 1974, must be included in a reclamation plan.