S.C. Code Ann. § 48-39-10 — SC Code / Title 48 / Chapter 39 / Section 48-39-10
SECTION 48-39-10. Definitions.
Status: in_force

As used in this chapter: (A) "Applicant" means any person who files an application for a permit under the provisions of this chapter. (B) "Coastal zone" means all coastal waters and submerged lands seaward to the state's jurisdictional limits and all lands and waters in the counties of the State which contain any one or more of the critical areas. These counties are Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, Jasper, and Georgetown. (C) "Division" means the Coastal Division of the South Carolina Department of Health and Environmental Control. (D) "CDPS" means Coastal Division Permitting Staff. (E) "Saline waters" means those waters which contain a measurable quantity of sea water, at least one part chloride ion per thousand. (F) "Coastal waters" means the navigable waters of the United States subject to the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water mark. Provided, however, that the department may designate boundaries which approximate the mean extent of saline waters until such time as the mean extent of saline waters can be determined scientifically. (G) "Tidelands" means all areas which are at or below mean high tide and coastal wetlands, mudflats, and similar areas that are contiguous or adjacent to coastal waters and are an integral part of the estuarine systems involved. Coastal wetlands include marshes, mudflats, and shallows and means those areas periodically inundated by saline waters whether or not the saline waters reach the area naturally or through artificial water courses and those areas that are normally characterized by the prevalence of saline water vegetation capable of growth and reproduction. Provided, however, nothing in this definition shall apply to wetland areas that are not an integral part of an estuarine system. Further, until such time as the exact geographic extent of this definition can be scientifically determined, the department shall have the authority to designate its approximate geographic extent. (H) "Beaches" means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established. (I) "Primary oceanfront sand dune" means the dune or dunes that constitute the front row of dunes adjacent to the Atlantic Ocean. (J) "Critical area" means any of the following: (1) coastal waters; (2) tidelands; (3) beaches; (4) beach/dune system which is the area from the mean high-water mark to the setback line as determined in Section 48-39-280. (K) "Person" means any individual, organization, association, partnership, business trust, estate trust, corporation, public or municipal corporation, county, local government unit, public or private authority and shall include the State of South Carolina, its political subdivisions and all its departments, boards, bureaus or other agencies, unless specifically exempted by this chapter. (L) "Estuarine sanctuary" means a research area designated as an estuarine sanctuary by the Secretary of Commerce. (M) "Marine sanctuary" means any water and wetland areas designated as a marine sanctuary by the Secretary of Commerce. (N) "Minor development activities" means the construction, maintenance, repair, or alteration of any private piers or erosion control structure, the construction of which does not involve dredge activities. (O) "Dredging" means the removal or displacement by any means of soil, sand, gravel, shells, or other material, whether of intrinsic value or not, from any critical area. (P) "Filling" means either the displacement of saline waters by the depositing into critical areas of soil, sand, gravel, shells, or other material or the artificial alteration of water levels or water currents by physical structure, drainage ditches, or otherwise. (Q) "Submerged lands" means those river, creek, and ocean bottoms lying below mean low-water mark. (R) "Oil" means crude petroleum oil and all other hydrocarbons, regardless of specific gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir. (S) "Gas" means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir. (T) "Fuel" means gas and oil. (U) "Emergency" means any unusual incident resulting from natural or unnatural causes which endanger the health, safety, or resources of the residents of the State, including damages or erosion to any beach or shore resulting from a hurricane, storm, or other such violent disturbance. (V) "Department" means the South Carolina Department of Health and Environmental Control. (W) "Board" means the board of the department. (X) "Maintenance dredging" means excavation to restore the depth of underwater lands or restore channels, basins, canals, or similar waterway accesses to depths and dimensions that support and maintain prior or existing levels of use that previously have been dredged pursuant to a license issued by the department or an exemption as provided in Section 48-39-130(D)(10) as added by Act 41 of 2011. (Y) "Storm surge" means an abnormal rise of water generated by a storm over and above the predicted astronomical tide. Editor's Note 2011 Act No. 41, SECTIONS 4 and 6, provide as follows: "SECTION 4. The Department of Health and Environmental Control shall promulgate regulations, pursuant to Chapter 23, Title 1, to provide for maintenance dredging as defined in Section 48-39-10. The maintenance dredging regulations must: "(1) take into account the fact that areas subject to maintenance dredging have previously been impacted and should be evaluated on the incremental impact of the maintenance dredging on existing conditions; "(2) require the submission of a dredging program document depicting the estimated dimensions, including the existing and proposed depths and location of the general areas proposed to be dredged; the estimated quantity of material to be dredged; the proposed methods and techniques to accomplish the dredging; and the anticipated dredge material placement information at approved dredge disposal locations; "(3) require that, to the extent practicable and reasonable, such maintenance dredging should be timed to minimize interference with and impacts to aquatic life designated as a threatened or endangered species; "(4) require that such maintenance dredging should not cause significant erosion above the ordinary high water mark; "(5) provide that the department must send notice of the expiration of any maintenance dredging permit to the permittee no later than thirty days prior to such permit's expiration; "(6) provide that the department may issue a five-year extension for any department permit for maintenance dredging as defined in Section 48-39-10 existing as of the effective date of the regulation. "The regulations should not exceed the scope or stringency of any applicable federal regulations to maintenance dredging and should, to the maximum extent possible, avoid duplication of analysis or evaluation of considerations subject to review by the United States Army Corps of Engineers pursuant to a Clean Water Act Section 404 permit for the same maintenance dredging project." "SECTION 6. Nothing in this act shall be construed to expand or increase the department's jurisdiction or to require permits for activities or projects that are not currently subject to regulation by the department. Except for the extension of the permit duration for maintenance dredging permits to ten years, nothing in this act shall be construed to impact any pending request or application for any license or approval from the department." 2018 Act No. 173, SECTIONS 1 and 8, provide as follows: "SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'." "SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020." Effect of Amendment The 2011 amendment added subsection (X). 2018 Act No. 173, SECTION 3, in (I), substituted "'Primary oceanfront sand dune' means the dune or dunes that" for "'Primary ocean front sand dunes' means those dunes which"; "added (Y), relating to the definition of "Storm surge"; and made nonsubstantive changes throughout.
S.C. Code Ann. § 48-28-100 — SC Code / Title 48 / Chapter 28 / Section 48-28-100
SECTION 48-28-100. Forest renewal fund.
Status: in_force

There is created in the Commission the forest renewal fund for which fiscal management and responsibility is vested in the State Forester. The fund shall be the depository for all revenue derived from the forest development assessment on primary forest product processors as authorized by the General Assembly and for any funds appropriated specifically for the forest renewal program from the general fund. State appropriated funds remaining in the forest renewal fund at the end of any fiscal year shall revert to the general fund. Revenues derived from the forest renewal assessment shall not revert but shall remain in the forest renewal fund until expended under the provisions of this chapter. In any fiscal year, new funding agreements from the forest renewal fund are limited to five times the amount of the state appropriation for the Forest Renewal Law for that year plus the amount of any cancellation or slippage funds from previous agreements. Whenever necessary to comply with the terms of a contract, payments in a fiscal year may exceed five times the amount of the state appropriation. In any fiscal year, expenditures from the forest renewal fund shall be limited to five times the amount of the state appropriation for the Forest Renewal Law for that year. In any fiscal year, no more than five percent of the available funds generated by the Primary Forest Products Assessment Law, Chapter 30 of this title, shall be used for program support under the provisions of SECTION 48-28-40. Funds used for the purchase of equipment under the provisions of SECTION 48-28-40 shall be limited to state appropriations to the forest renewal fund designated specifically for equipment purchase. The Commission shall serve as the disbursing agency for funds expended from and deposited in the forest renewal fund.
S.C. Code Ann. § 48-27-160 — SC Code / Title 48 / Chapter 27 / Section 48-27-160
SECTION 48-27-160. Issuance and contents of licenses.
Status: in_force

The Board shall issue a license upon payment of a registration fee as provided for in this chapter to any applicant who, in the opinion of the Board, has satisfactorily met all of the requirements of this chapter. Licenses shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the secretary of the Board under seal of the Board. The issuance of a license by the Board shall be evidence that the registrant is entitled to all the rights and privileges of a registered forester while his license remains unrevoked or unexpired.
S.C. Code Ann. § 48-23-250 — SC Code / Title 48 / Chapter 23 / Section 48-23-250
SECTION 48-23-250. Use of revenues from land; generally.
Status: in_force

The revenues derived from lands owned by the Commission shall be segregated by the State Treasurer for the use of the Commission in the acquisition, management, development and use of such lands until all obligations incurred have been paid in full. Fifty per cent of all net profits accruing from the administration of such lands shall be applicable for such purposes as the General Assembly may prescribe and fifty per cent shall be paid into the school fund of the county in which the lands are located.
S.C. Code Ann. § 48-37-20 — SC Code / Title 48 / Chapter 37 / Section 48-37-20
SECTION 48-37-20. Terms of compact.
Status: in_force

Article I. The purpose of this compact is to promote effective prevention and control of forest fires in the southeastern region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other regional forest fire protection compacts or agreements, and for more adequate forest protection. Article II. This compact shall become operative immediately as to those states ratifying it whenever any two or more of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, which are contiguous have ratified it and Congress has given consent thereto. Any State not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states. Article III. In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control. The compact administrators of the member states shall coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the Senate and one member of the house of representatives who shall be designated by that state's commission on interstate cooperation, or if said commission cannot constitutionally designate the said members, they shall be designated in accordance with laws of that state; and the governor of each member state shall appoint two representatives, one of whom shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote. The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states. It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators. Article IV. Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home. Article V. Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid. No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance, or use of any equipment or supplies in connection therewith: Provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or as imposing liability for such negligent act or omission upon any state. All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state. Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and subsistence of employees and maintenance of equipment incurred in connection with such request: Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost. Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state. For the purposes of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof. The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states. Article VI. Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest fire fighting forces, equipment, services or facilities of any member state. Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state. Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between any Federal agency and a member state or states. Article VII. The compact administrators may request the United States Forest Service to act as a research and coordinating agency of the Southeastern Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States Forest Service may accept responsibility for preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of any Federal agency engaged in forest fire prevention and control may attend meetings of the compact administrators. Article VIII. The provisions of Articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region: Provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact. Article IX. This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
S.C. Code Ann. § 48-27-190 — SC Code / Title 48 / Chapter 27 / Section 48-27-190
SECTION 48-27-190. Expiration and renewal of licenses; renewal fees.
Status: in_force

Licenses expire on the last day of June following their issuance or renewal and are invalid on that date unless renewed. The secretary of the board shall notify, at his last registered address, every person registered under this chapter of the date of the expiration of his license and the amount of the fee required for its renewal for one year. The notice must be mailed at least one month in advance of the date of the expiration. The board shall set the annual renewal fee by regulation. Renewal of licenses for the following year may be effected during June of the year in which the license has been issued or renewed by the payment of the renewal fee. The licenses also may be renewed during the ensuing three months by the payment of an additional fee for each month or portion of it that payment is delayed beyond June. The fee must be set by the board by regulation. The board shall make an exception to the renewal provisions for a person who is in the Armed Services of the United States. The board shall develop regulations for continuing education or other assessment of continued competence.
S.C. Code Ann. § 48-57-30 — SC Code / Title 48 / Chapter 57 / Section 48-57-30
SECTION 48-57-30. Environmental audit report; privilege.
Status: in_force

(A) An environmental audit report or any part of an environmental audit report is privileged and, therefore, immune from discovery and is not admissible as evidence in a civil or administrative penalty action, except as provided in Sections 48-57-40 and 48-57-50. These documents are not entitled to the privilege: (1) information obtained by observation by a regulatory agency; (2) information obtained from a source independent of the environmental audit; (3) documents, communication, data, reports, or other information required to be collected, maintained, otherwise made available, or reported to a regulatory agency or any other persons by statute, regulation, ordinance, permit, order, consent agreement, or as otherwise provided by law; (4) documents prepared either prior to the beginning of the environmental audit or subsequent to the completion date of the audit report, and in all cases, any documents prepared independent of the audit or audit report; (5) documents prepared as a result of multiple or continuous self-auditing conducted in an effort to intentionally avoid liability for violations; (6) information which is knowingly misrepresented or misstated or which is knowingly deleted or withheld from an environmental audit report, whether or not included in a subsequent environmental audit report; (7) information in instances where the material shows evidence of noncompliance with state, federal, regional, or local environmental laws, permits, consent agreements, regulations, ordinances, or orders and the owner or operator failed to either promptly take corrective action or eliminate any violation of law identified during the environmental audit within a reasonable period of time, but not exceeding three years after discovery of the noncompliance or violation unless a longer period of time is set forth in a schedule of compliance in an order issued by the department, after notice in the State Register and following the department's determination that acceptable progress is being made. (B) If an environmental audit report or any part of an environmental audit report is subject to the privilege provided for in subsection (A), no person who conducted or participated in the audit or who significantly reviewed the audit report may be compelled to testify regarding the audit report or a privileged part of the audit report except as provided for in Section 48-57-30(E) or in Sections 48-57-40 or 48-57-50. (C) Nothing contained in this chapter may restrict a party in a proceeding before the South Carolina Workers' Compensation Commission from obtaining or discovering any evidence necessary or appropriate for the proof of any issue pending in the case, regardless of whether evidence is privileged pursuant to this chapter. Further, nothing contained in this chapter may prevent the admissibility of evidence which is otherwise relevant and admissible in a proceeding before the South Carolina Workers' Compensation Commission, regardless of whether the evidence is privileged pursuant to this chapter. However, the commission, upon motion made by a party to the proceeding, may issue appropriate protective orders preventing disclosure of information outside of the workers' compensation proceeding. (D) The privilege created by this section does not apply to criminal investigations or proceedings. Where an audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by this section shall continue to apply and is not waived in civil and administrative proceedings, and is not discoverable or admissible in civil or administrative proceedings even if disclosed during a criminal proceeding. (E) Nothing in this chapter may be construed to circumvent the employee protection provisions provided by federal or state law.
S.C. Code Ann. § 48-37-40 — SC Code / Title 48 / Chapter 37 / Section 48-37-40
SECTION 48-37-40. State Forester to act as compact administrator; advisory committee of Southeastern Interstate Forest Fire Protection Compact.
Status: in_force

In pursuance of Article III of the compact as set out in SECTION 48-37-20, the State Forester of the State Commission of Forestry shall act as compact administrator for the State of South Carolina during his term of office as State Forester, and his successor as compact administrator shall be his successor as State Forester. As compact administrator he shall be an ex officio member of the Southeastern Interstate Forest Fire Protection Compact advisory committee, and chairman ex officio of the South Carolina members of such advisory committee. There shall be four members of the advisory committee from this State. Two of the members from this State shall be members of the General Assembly, one from the Senate and one from the House of Representatives, designated by the South Carolina Commission on Interstate Cooperation, and the terms of any such members shall terminate at the time they cease to hold legislative office, and their successors as members shall be named in like manner. The Governor shall appoint the other two members from this State, one of whom shall be associated with forestry or forest products industries. The terms of such members shall be three years and such members shall hold office until their respective successors shall be appointed and qualified. Vacancies occurring in the office of such members from any reason or cause shall be filled by appointment by the Governor for the unexpired term. The State Forester as compact administrator for this State may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the compact administrators or of the advisory committee. The terms of each of the initial four memberships of the advisory committee, whether appointed at such time or not, shall begin upon the date upon which such compact shall become effective in accordance with Article II of the compact. Any member of the advisory committee may be removed from office by the Governor upon charges and after a hearing.
S.C. Code Ann. § 48-62-350 — SC Code / Title 48 / Chapter 62 / Article 3 / Section 48-62-350
SECTION 48-62-350. Administration of fund; deposits; use of funds.
Status: in_force

(A) The fund must be held and administered by the authority in accordance with the provisions of this article and policies, rules, regulations, directives, and agreements as may be promulgated or entered into by the authority pursuant to this article. Earnings on balances in the fund must be credited to the fund. Amounts remaining in the fund at the end of the fiscal year accrue only to the credit of the fund. Amounts in the fund must be available in perpetuity for the purpose of providing financial assistance in accordance with the provisions of this article. (B) The authority is authorized to deposit the following into the fund: (1) federal capitalization grants, awards, or other federal assistance received by the office for the purposes of the fund; (2) funds appropriated by the General Assembly for deposit to the fund; (3) payments received from a recipient in repayment of a loan; (4) interest or other income earned on the investment of monies in the fund; and (5) additional monies made available from public or private sources for the purposes of which the fund has been established. (C) Monies in the fund only may be used to: (1) make loans to eligible fund recipients in accordance with the provisions of this article; (2) earn interest on fund accounts; and (3) provide for the program administration and project management activities of the fund. (D) The authority may establish accounts and subaccounts within the fund as considered desirable to effectuate the purposes of this article.
S.C. Code Ann. § 48-9-1060 — SC Code / Title 48 / Chapter 9 / Article 9 / Section 48-9-1060
SECTION 48-9-1060. Petitions for dissolution need not be entertained more than once in five years.
Status: in_force

The department shall not be required to entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this article more often than once in five years.
S.C. Code Ann. § 48-1-60 — SC Code / Title 48 / Chapter 1 / Section 48-1-60
SECTION 48-1-60. Classification and standards of quality and purity of the environment authorized after notice and hearing.
Status: in_force

It is recognized that, due to variable factors, no single standard of quality and purity of the environment is applicable to all ambient air, land or waters of the State. In order to attain the objectives of this chapter, the Department, after proper study and after conducting a public hearing upon due notice, shall adopt rules and regulations and classification standards. The classification and the standards of quality and purity of the environment shall be adopted by the Department in relation to the public use or benefit to which such air, land or waters are or may, in the future, be put. Such classification and standards may from time to time be altered or modified by the Department. The adoption of a classification of the waters and the standards of quality and purity of the environment shall be made by the Department only after public hearing on due notice as provided by this chapter.
S.C. Code Ann. § 48-43-390 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-390
SECTION 48-43-390. Lease of state lands for drilling for and producing oil and gas; permits to construct deep water port facilities.
Status: in_force

(A) The South Carolina State Fiscal Accountability Authority, upon review by the Joint Bond Review Committee as necessary, hereinafter referred to as the authority, is hereby designated as the State Agency with the authority, responsibility and power to lease all State lands to persons for the purpose of drilling for and producing oil and gas. The Department of Health and Environmental Control is hereby designated as the exclusive agent for the authority in selecting lands to be leased, administering the competitive bidding for leases, administering the leases, receiving and compiling comments from other state agencies concerning the desirability of leasing the state lands proposed for leasing and such other activities that pertain to oil and gas leases as may be included herein as responsibilities of the authority. (B) Upon resolution adopted by a majority of the authority, the authority may lease any of those lands heretofore enumerated if the authority finds that the lease of the lands would not be detrimental to the State and its citizens and if the department recommends that a lease of the lands be granted. The Governor as chairman of the authority shall execute all oil and gas leases. The leases shall be filed in the county in which the land is situated as all other instruments conveying real estate are filed except leases of offshore lands shall be filed in the offices of the department as a public record. The department shall have the responsibility of administering all such leases for the authority. (C) Any lease executed pursuant to this section shall be for a term of no more than five years unless substantial drilling operations have been commenced on the property in which case the lease shall be extended from year to year so long as substantial drilling operations continue unless the well drilled upon the leased property becomes a producing well, in which case the lease shall be extended from year to year for as long as production continues or the leased property has a known capacity to produce oil or gas and the production has been discontinued with the prior approval of the department under such terms as the department has prescribed. The leases granted pursuant to this section shall include no more than two thousand five hundred acres (1,000 hectares) but a person is not prohibited from holding a leasehold interest in more than two thousand five hundred acres (1,000 hectares) under two or more leases. The leases shall be granted under such terms and conditions as the authority shall deem to be in the best interest of the citizens of the State. However, no lease shall provide for a lesser royalty than one-sixth of the oil and gas produced from the leased property or one-sixth of the monetary value of such oil and gas at the wellhead. (D) No property shall be leased except by sealed bid. The property shall be leased to the bidder submitting the bid which provides for the highest bonus payment. The bonus payment shall be in addition to any rental payments established by the department in the lease agreement and royalties provided for herein. Any person desiring that a certain tract or tracts of property be submitted for bidding shall nominate such tract or tracts by so informing the department in accordance with the procedure for nominating established by the department. If the department determines that the tract nominated as provided herein or upon its own motion determines that a tract should be submitted for bidding, it shall invite all interested persons to submit bids for leasing the designated tract. Invitations for bids shall be published in a newspaper of general circulation within the county or counties where the tract proposed to be leased is located and in a newspaper of statewide circulation, at least twenty-five days before the final date for submitting bids. Invitations for bids shall also be mailed twenty-five days before the final date of submitting bids to the last known address of all persons who have filed a statement in accordance with the procedure established by the department indicating a desire to bid upon tracts put up for leasing. The invitation to bids shall contain: (1) a description, location and approximate acreage of the tract to be leased; (2) the address to which the bids are to be submitted; (3) the time and place at which the bids will be opened; (4) the date and time by which the bids must be received; (5) any special provisions of the lease or special rules and regulations promulgated by the department for the tract to be leased and (6) any other matters that the department may deem pertinent. The bids shall be opened publicly at the time and date prescribed by the department in the offices of the department by the person designated by the department to open bids. The department shall furnish to persons who request a copy of the lease agreement for the tract submitted for bidding. The lease of any tract shall be granted to the highest responsible bidder but the department and the authority may reject all bids when it determines that the public interest will be served thereby. The department and the authority must accept the most advantageous offer or reject all bids within twenty days from the date the bids were opened. (E) All monies collected by the department and the authority as bonuses, rental payments or royalties shall be deposited with the State Treasurer in a special account and expended as the General Assembly may direct. (F) Prior to the mailing and publication of invitations to bid, the department shall advise the appropriate State agencies by notice of the tract proposed to be submitted for bidding. The agencies wishing to comment on the desirability of leasing such tract shall do so within thirty days following receipt of the notice. The department shall consider the comments of the agencies in determining the advisability of leasing the tract. If the department determines to lease the tract on which it has received unfavorable comment from the agencies, the department and authority shall require such special provisions in the lease agreement and promulgate such rules and regulations for each individual tract that is leased as may be necessary to safeguard against particular hazards or detrimental effects that may result from drilling oil or gas wells and the production of oil or gas on the tract. In considering the special provisions, rules and regulations needed for a specific tract, the department and authority shall specifically include such provisions, rules and regulations shown by the commenting agency to be necessary (1) for the protection of the environment, (2) to minimize the detriment to aesthetics, (3) for the protection of the property rights of other persons and the public, (4) to avoid obstructing navigable streams, (5) to prevent interference with recreation, (6) to protect the public beaches, and (7) to maintain the quality of underground water. The construction of drilling platforms in the Atlantic Ocean is permitted except that such drilling platforms shall not be located within one mile (1.6 kilometers) of the mean high water mark of any beach within the territorial jurisdiction of the State of South Carolina. (G) The department is authorized to promulgate such rules and regulations as may be necessary to fulfill its duties set forth in this section and implement the provisions and purposes of this section. (H)(a) Any person as defined herein who intends to construct a deep water port facility within the territorial jurisdiction of the State of South Carolina for the purpose of loading or unloading oil, gas or other products as defined by this chapter shall apply for and obtain a permit to construct such facility from the department prior to the commencement of construction. (b) The department shall promulgate such rules and regulations to govern the construction of deep water port facilities as may be necessary (1) for the protection of the environment, (2) to minimize the detriment to aesthetics, (3) for the protection of the property rights of other persons and the public, (4) for the protection of the rights of the fishing industry, (5) for the protection of the recreational activities of the public, (6) to avoid obstructing shipping channels, (7) to protect the public beaches, and (8) in general, to protect the public interest and rights of the state and its industries. In promulgating such rules and regulations, the department shall take into consideration the comments of other state agencies concerning the potential hazards present in constructing deep water port facilities and shall follow the procedure set forth in Section 48-39-390(F) in soliciting and receiving the comments from such state agencies. 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. § 48-62-340 — SC Code / Title 48 / Chapter 62 / Article 3 / Section 48-62-340
SECTION 48-62-340. Issuance of loans; criteria and conditions; qualification.
Status: in_force

(A) In the issuing of loans, the authority must: (1) prioritize the buyout of blocks or groups of homes rather than individual homes so that no more than fifteen percent of funds disbursed in a fiscal year go toward individual home buyouts; (2) prioritize buyouts of single-family primary residences and multifamily residences; (3) consider the availability of additional funding sources leveraged by a project; (4) prevent the use of the fund for homes built after July 1, 2020; (5) prevent the use of the fund for proposed projects that involve the use of eminent domain; and (6) prioritize the use of the fund for low- and moderate-income households making less than one hundred twenty-five percent of the median household income in the jurisdiction of the eligible fund recipient. (B) The authority must issue loans using the following criteria and conditions: (1) offer a funding package of grants and loans for a particular project that carries an overall effective interest rate equivalent to no higher than forty percent of the market interest rate as defined by the ten-year United States Treasury Yield Curve; (2) make a portion of each loan available as a grant not requiring payment as a financial incentive to reduce the loan amount, that portion being no greater than twenty-five percent and no less than five percent of the total project disbursement, to incrementally reward those eligible fund recipients that execute beneficial flood mitigation practices. To qualify for a grant, eligible fund recipients must execute one or more of the following beneficial flood mitigation practices: (a) ensuring residents relocate outside of the floodplain; (b) aiding residents in relocating outside of the floodplain and within the tax base; (c) aiding residents in relocating outside of the floodplain within an area designated as an opportunity zone; (d) conducting floodplain restoration after the property is converted to open space to reestablish the full water storing benefits of the floodplain; (e) completing a buyout of an area larger than ten acres; and (f) other activities as deemed appropriate by the authority so long as they contribute to flood resilience in the community of the buyout; (3) require that acquired properties are returned to open space and that all future development on the parcel is prohibited in perpetuity through easement or restrictive covenant; and (4) prohibit the use of more than five hundred thousand dollars for each housing unit receiving loan funds. (C) Eligible fund recipients may apply for loans from the fund to complete: (1) buyouts of repetitive loss properties; (2) buyouts of repetitive loss properties with land intended for floodplain restoration; and (3) floodplain restoration in connection with buyouts funded through other mechanisms. (D) In order to qualify for a loan, eligible fund recipients must apply to the authority and, at a minimum, meet the following criteria: (1) for buyouts of repetitive loss properties: (a) identify specific properties included in the proposed project; (b) demonstrate how the properties qualify as repetitive loss properties; (c) identify a plan and timeline for returning the property to open space within six months following the completion of the buyout and holding an easement or restrictive covenant on the land in perpetuity; (d) complete an economic assessment to show the costs and benefits of the project; and (e) identify any beneficial flood mitigation practices planned for the project; (2) for buyouts of repetitive loss properties with land intended for floodplain restoration: (a) identify specific properties included in the proposed project; (b) demonstrate how the properties qualify as repetitive loss properties; (c) identify a plan and timeline for returning the property to open space within six months following the completion of the buyout and holding an easement or restrictive covenant on the land in perpetuity; (d) complete an economic assessment to show the costs and benefits of the project; (e) submit a plan for conducting floodplain restoration; and (f) identify any additional beneficial flood mitigation practices planned for the project; (3) for other floodplain restoration: (a) submit a plan and timeline for conducting floodplain restoration; (b) identify a plan and timeline for holding an easement or restrictive covenant on the land in perpetuity; (c) complete an economic assessment to show the costs and benefits of the project; and (d) identify any additional beneficial flood mitigation practices planned for the project; and (4) any additional criteria required by external grants contributing to the fund. (E) Financial criteria also must be met pursuant to the standards set by the authority. The authority may require additional criteria and exercise discretion in issuing loans.
S.C. Code Ann. § 48-43-620 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-620
SECTION 48-43-620. Department's budget for responsibilities under article; accounting for appropriated funds.
Status: in_force

The department shall submit to each regular session of the legislature a proposed budget for carrying out its responsibilities under this article and shall also account for all funds appropriated by the legislature for carrying out its responsibilities under this article for the previous year.
S.C. Code Ann. § 48-56-130 — SC Code / Title 48 / Chapter 56 / Section 48-56-130
SECTION 48-56-130. Reports of performance evaluations revealing violations.
Status: in_force

A participant shall submit a report to the department within 14 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain a: (1) description of the performance evaluation, including who conducted the performance evaluation, when it was completed, what activities and operations were examined and the results of the performance evaluation; (2) description of any violations revealed by the performance evaluation; (3) description of the actions the participant is taking or is proposing to take to diligently correct the violations within a reasonable period of time; (4) proposed compliance schedule for correcting the violations; (5) description of the measures that the participant has taken or will take to prevent future violations.
S.C. Code Ann. § 48-45-20 — SC Code / Title 48 / Chapter 45 / Section 48-45-20
SECTION 48-45-20. Purpose of consortium.
Status: in_force

The principal purpose of the consortium is to provide a mechanism for the development and management of the Sea Grant Program for South Carolina and adjacent regions that share a common environment and resource heritage. The consortium serves to support, improve, and share research, education, training, and advisory services in fields related to ocean and coastal resources. The consortium further encourages and follows a regional approach to solving problems or meeting needs relating to ocean and coastal resources in cooperation with appropriate institutions, programs, and persons in the region.
S.C. Code Ann. § 48-39-120 — SC Code / Title 48 / Chapter 39 / Section 48-39-120
SECTION 48-39-120. Development of beach erosion control policy; issuance of permits for erosion control structures; removal of structures; limitation on development of property.
Status: in_force

(A) The department shall develop and institute a comprehensive beach erosion control policy that identifies critical erosion areas, evaluates the benefits and costs of erosion control structures funded by the State, considers the dynamic littoral and offshore drift systems, sand dunes and like items. (B) The department for and on behalf of the State may issue permits for erosion control structures following the provisions of this section and Sections 48-39-140 and 48-39-150, on or upon the tidelands and coastal waters of this State as it may deem most advantageous. Provided, however, that no property rebuilt or accreted as a result of natural forces or as a result of a permitted structure shall exceed the original property line or boundary. Provided, further, that no person or governmental agency may develop ocean front property accreted by natural forces or as the result of permitted or nonpermitted structures beyond the mean high water mark as it existed at the time the ocean front property was initially developed or subdivided, and such property shall remain the property of the State held in trust for the people of the State. (C) The department shall have the authority to remove all erosion control structures which have an adverse effect on the public interest. (D) The department is authorized for and in behalf of the State to accept such federal monies for beach or shore erosion control in areas to which the public has full and complete access as are available and to sign all necessary agreements and to do and perform all necessary acts in connection therewith to effectuate the intent and purposes of such federal aid. (E) If a beach or shore erosion emergency is declared by the department, the State, acting through the department, may spend whatever state funds are available to alleviate beach or shore erosion in areas to which the public has full and complete access, including any funds which may be specifically set aside for such purposes. (F) The department, for and on behalf of the State, may issue permits not otherwise provided by state law, for erosion and water drainage structure in or upon the tidelands, submerged lands and waters of this State below the mean high-water mark as it may deem most advantageous to the State for the purpose of promoting the public health, safety and welfare, the protection of public and private property from beach and shore destruction and the continued use of tidelands, submerged lands and waters for public purposes.
S.C. Code Ann. § 48-43-830 — SC Code / Title 48 / Chapter 43 / Article 4 / Section 48-43-830
SECTION 48-43-830. Punishment and penalties for aiding or abetting violations.
Status: in_force

Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any rule, regulation of the department or order of the department, shall be subject to the same punishment and penalty prescribed by this chapter for the violation by such other person.
S.C. Code Ann. § 48-18-70 — SC Code / Title 48 / Chapter 18 / Section 48-18-70
SECTION 48-18-70. Promulgation of regulations by department; inspection of lands; responsibilities of Department of Transportation and Forestry Commission.
Status: in_force

(1) The department shall promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners, except that the regulations may not apply to forest land owned or managed by the South Carolina Forestry Commission. The regulations apply to privately-owned lands only where they are under the management or control of this State, a state agency, or quasi-state agency through right-of-way easements or other agreements. The regulations must include, but not be limited to, technical standards, specifications, and guidelines for erosion and sediment reduction and stormwater management, and requirements for the implementation of the standards and specifications. The department shall develop and propose for approval the regulations provided for in this subsection in consultation with the State Engineer, Division of General Services, and other state agencies as applicable. The State Engineer shall insure that the regulations are followed on all land and land disturbing activities under his jurisdiction. (2) The department or its designated representative may inspect land owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners to determine existing erosion and sedimentation and stormwater management problems and to insure the implementation of the provisions of the regulations provided for in subsection (1) of this section. (3) A state agency found by the department to be in noncompliance with the erosion and sediment reduction and stormwater management standards provided for in subsection (1) of this section shall take the necessary steps indicated by the standards and specifications provided for in subsection (1) of this section to correct the problems. (4) The department in consultation with the South Carolina Department of Transportation shall promulgate regulations for erosion and sediment reduction and stormwater management on land and land disturbing activities under the jurisdiction of the department. (5) The South Carolina Forestry Commission shall develop a plan, in consultation with the department, for erosion and sediment reduction and stormwater management on forest land owned or managed by the Forestry Commission, and shall implement the plan.
S.C. Code Ann. § 48-43-350 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-350
SECTION 48-43-350. Hearing and orders concerning need for unit operation of one or more pools or parts.
Status: in_force

(A) The department upon its own motion may, and upon the application of any interested person shall, hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field. (B) The department shall make an order providing for the unit operation of a pool or part thereof if it finds that: (1) such operation is reasonably necessary to increase the ultimate recovery of oil or gas; and (2) the value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting such operations. (C) The order shall be upon terms and conditions that are just and reasonable and shall prescribe a plan for unit operations that shall include: (1) a description of the pool or pools or parts thereof to be so operated, termed the unit area; (2) a statement of the nature of the operations contemplated; (3) an allocation to the separately owned tracts in the unit area of all the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is not such agreement, the department shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations, and the production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area; (4) a provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operations; (5) a provision providing how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how such costs shall be paid, including a provision providing when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interests of such owner, may be sold and the proceeds applied to the payment of such costs; (6) a provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charged for such service payable out of such person's share of the production; (7) a provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person; (8) the time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate; and (9) such additional provisions that are found to be appropriate for carrying on the unit operations, and for the protection of a correlative rights. (D) No order of the department providing for unit operations shall become effective unless and until the plan for unit operations prescribed by the department has been approved in writing by those persons who, under the department's order, will be required to pay at least seventy-five percent of the costs of the unit operation, and also by the owners of at least seventy-five percent of the production or proceeds thereof that will be credited to interests which are free of cost, such as royalties, overriding royalties and production payments, and the department has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved. For purposes of calculating the requisite percentages necessary to effectuate an order of the department when unleased acreage is effected by such order, the owner of the acreage shall be considered to be an owner and royalty owner in respective proportions of seven-eighths as owner and one-eighth as royalty owner except in a case when the acreage is owned by the State in which case the proportion shall be five-sixths as owner and one-sixth as royalty owner. If the plan for unit operations has not been so approved at the time the order providing for unit operations is made, the department shall upon application and notice hold such supplemental hearings as may be required to determine if and when the plan for unit operations has been so approved. If the persons owning required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective, and shall be revoked by the department unless for good cause shown the department extends such time. (E) An order providing for unit operations may be amended by an order made by the department in the same manner and subject to the same conditions as an original order providing for unit operations, provided (a) if such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners shall not be required, and (b) no such order of amendment shall change the percentage for the allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in such tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in such tract. (F) The department, by an order, may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the department. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order. (G) An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool. (H) All operations, including, but not limited to, the commencement, drilling or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area shall, when produced, be deemed, for all purposes, to have been actually produced from such tract by a well drilled thereon. Operations conducted pursuant to an order of the department providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the department. (I) The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations. (J) No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisions thereof. (K) Except to the extent that the parties affected so agree, no order providing for unit operations shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area. All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged.
S.C. Code Ann. § 48-37-50 — SC Code / Title 48 / Chapter 37 / Section 48-37-50
SECTION 48-37-50. Powers and duties of State Forester and advisory committee; state officers, bureaus, departments and employees shall cooperate.
Status: in_force

There is hereby granted to the State Forester, as compact administrator and chairman ex officio of the South Carolina members of such advisory committee, and to the members from this State of the advisory committee all the powers provided for in the compact and all the powers necessary or incidental to the carrying out of such compact in every particular. All officers of the State shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular; it being hereby declared to be the policy of this State to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the State government or administration of this State shall at convenient times and upon request of such compact administrator, or of such advisory committee, furnish information and data relating to the purposes of the compact possessed by them or any of them to the compact administrator or the advisory committee. They may further aid the compact administrator or the advisory committee by loan of personnel, equipment or other means in carrying out the purposes of the compact.
S.C. Code Ann. § 48-44-20 — SC Code / Title 48 / Chapter 44 / Section 48-44-20
SECTION 48-44-20. Definitions.
Status: in_force

For purposes of this chapter: (1) "Damages" means damages of any kind for which liability may exist under the laws of this State resulting from, arising out of, or related to the discharge or threatened discharge of oil. (2) "Discharge" means an emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (3) "Federal on-scene coordinator" means the federal official predesignated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan. (4) "National Contingency Plan" means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act, 33 U.S.C. 1321(d), as amended by the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990). (5) "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. (6) "Person" means an individual, a corporation, a partnership, an association, the State, a municipality, a commission, or a political subdivision of the State, or an interstate body. (7) "Removal costs" means the costs of removal incurred after a discharge of oil or, when there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from an incident. (8) "Responsible party" means a responsible party as defined under Section 1001 of the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990).
S.C. Code Ann. § 48-11-110 — SC Code / Title 48 / Chapter 11 / Section 48-11-110
SECTION 48-11-110. Powers of district generally.
Status: in_force

A watershed conservation district organized under this chapter constitutes a governmental subdivision of this State, and a public body corporate and politic, exercising public powers. The district and its board of directors, to develop and execute plans and programs for the control or prevention of soil erosion or flooding, to conserve, protect, improve, develop, or utilize soil and water resources, to provide stormwater management, or to dispose of water, subject to the general supervision of the board of commissioners of the soil and water conservation district, have the following powers and duties in addition to others granted by this chapter: (1) acquire by purchase, exchange, lease, gift, grant, bequest, devise, or through condemnation actions lands, easements, or rights-of-way needed to carry out an authorized purpose of the watershed conservation district, and sell, lease, or otherwise dispose of its property or interests in the property for the purposes and provisions of this chapter. The condemnation of an existing public use must be denied unless it may be shown that the specific property to be condemned is absolutely essential to the watershed conservation district, and the use to be condemned materially does not impair the existing public use; (2) construct, reconstruct, repair, enlarge, and improve the works of improvement as necessary or convenient for the performance of the operations authorized by this chapter and shall provide operation and maintenance for works of improvement; (3) borrow money and execute promissory notes and other evidences of debt in connection with them for payment of the costs and expenses of organizing the watershed conservation district or for carrying out an authorized purpose of the district, if promissory notes are issued, execute the mortgages on real property owned by the district or assign or pledge the revenues, including anticipated tax revenues, of the district as required by the lender as security for the repayment of the loan, and issue, negotiate, and sell its bonds, notes, and other evidences of debt as provided in Section 48-11-120; (4) sue and be sued in the name of the district, have a judicially noticed seal, have perpetual succession unless terminated as provided in this chapter, and make and execute contracts and other instruments necessary or convenient to the exercise of its powers; (5) levy an annual tax as provided in this chapter on the real property within the district for payment of the costs and expenses of organizing the watershed conservation district or for carrying out an authorized purpose, power, or duty of the district; (6) receive services and receive and disburse funds from federal, state, local, or other governmental or private sources; (7) employ appropriate consultants, advisors, and employees and fix and pay them compensation from funds available to the district.
S.C. Code Ann. § 48-1-85 — SC Code / Title 48 / Chapter 1 / Section 48-1-85
SECTION 48-1-85. Requirements for houseboats with marine toilets.
Status: in_force

(A) It is unlawful for a person to operate or float a houseboat on the waters of this State unless it has a marine toilet that discharges only into a holding tank. (B) As used in this section: (1) "Holding tank" means a container designed to receive and hold sewage and other wastes discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only by pumping out its contents. (2) "Houseboat" means watercraft primarily used as habitation and not used primarily as a means of transportation. (3) "Marine toilet" includes equipment for installation on board a houseboat designed to receive, retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank. (C) When an owner of a houseboat having a marine toilet applies to the Department of Natural Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank. (D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Environmental Control. (E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or both. Effect of Amendment The 2007 amendment, in subsection (A), substituted "waters of this State unless it has a marine toilet that discharges" for "freshwaters of this State having a marine toilet unless it discharges"; and, in paragraph (B)(2), substituted "watercraft primarily used as habitation" for "a vessel which is used primarily as a residence".
S.C. Code Ann. § 48-18-10 — SC Code / Title 48 / Chapter 18 / Section 48-18-10
SECTION 48-18-10. Short title.
Status: in_force

This chapter may be cited as the Erosion and Sediment Reduction Act of 1983.
S.C. Code Ann. § 48-57-80 — SC Code / Title 48 / Chapter 57 / Section 48-57-80
SECTION 48-57-80. Stipulations; declaratory rulings.
Status: in_force

The parties may at any time stipulate to entry of an order directing that specific information contained in an environmental audit report is or is not subject to the privilege. In the absence of an on-going proceeding, where the parties are not in agreement, the department may seek a declaratory ruling from the circuit court on the issue of whether the materials are privileged under Section 48-57-30 and whether the privilege, if existing, should be revoked pursuant to Section 48-57-50.
S.C. Code Ann. § 48-56-110 — SC Code / Title 48 / Chapter 56 / Section 48-56-110
SECTION 48-56-110. Fees.
Status: in_force

A participant shall pay the same fees required under South Carolina environmental law that it would be required to pay if it had not entered into a cooperative agreement.
S.C. Code Ann. § 48-52-630 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-630
SECTION 48-52-630. Energy conservation savings; division; reinvestment.
Status: in_force

An agency's budget must not be reduced by the full amount of money saved through energy conservation measures. Appropriate financial incentives to encourage the reinvestment of energy costs savings into additional energy conservation areas must be provided. Energy savings must be divided among the agency, the general fund, and debt retirement of capital expenditures on energy efficiency. Agencies must be encouraged to reinvest their savings into energy conservation areas, where practical.
S.C. Code Ann. § 48-1-200 — SC Code / Title 48 / Chapter 1 / Section 48-1-200
SECTION 48-1-200. Appeals.
Status: in_force

Any person may appeal from any order of the Department within thirty days after the filing of the order, to the court of common pleas of any county in which the pollution occurs. The Department shall thereupon certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary appeals in equity. The court may order or permit further testimony on the merits of the case, in its discretion such testimony to be given either before the judge or referee by him appointed. From such judgment of the court an appeal may be taken as in other civil actions.
S.C. Code Ann. § 48-2-50 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-50
SECTION 48-2-50. Fees.
Status: repealed

(A) In order to facilitate the proper administration of each act listed in Section 48-2-30(B), the department shall charge fees for the various services and functions it performs under each of those acts including, but not limited to, application fees, processing fees, permit maintenance fees, certification fees, license fees, registration fees, plan review fees, facility inspection fees, and emission fees. (B) All fees in existence before the effective date of this article which implement the acts identified in Section 48-2-30(B) must be continued and must be calculated and maintained with any additional fees authorized by this article; however, the existing fees may be used in any manner consistent with the department's authority, the provisions of this article notwithstanding. (C) No permit, certificate, license, or registration and no renewal or modification of a permit, certificate, license, or registration may be issued to an applicant under the acts enumerated in Section 48-2-30(B) until all fees are paid in full. The department shall develop a schedule by regulation for the collection of delinquent accounts and the amounts to be applied to delinquent accounts. (D) The department shall develop regulations which set annual levels of fees as authorized by this article. The level of these fees must be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under each of the acts enumerated in Section 48-2-30(B). Any subsequent increase in the level of these fees must be justified by an assessment report compiled in accordance with Section 1-23-115. All fees and procedures for collecting fees must be adopted pursuant to procedures as are set forth in the Administrative Procedures Act. In promulgating these regulations, the department shall consider detailed information regarding other costs to be funded by the proposed fee schedule or fee increases and the current and proposed average response time to permit applications under that program. (E) In the third, and all subsequent years, the fee schedule promulgated by the department may not, when added to its individual program fund balance from prior years, exceed one hundred fifty percent of the fees collected in the previous year. (F) The total fees assessed under this article and listed in subsection (H) to be paid by a single permitted facility under any one act enumerated in Section 48-2-30(B) may not exceed five percent of the total of all fees assessed under that act, except for those fees collected pursuant to the Clean Air Act and the Atomic Energy Act. (G) On January 1, 1994, and January first of every even-numbered year after 1994, the department shall evaluate the implementation of the permit fee program and provide this evaluation in writing to the Senate Finance Committee and the House Ways and Means Committee. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the department, the department's use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing. (H) For the following categories, the fees shall not exceed the maximum amounts listed below. The department is encouraged to use graduated fees to reflect the volume of waste, population served, or other factors determined necessary to fairly apportion the fees: (8) Surface Water Withdrawals: (a) Existing surface water withdrawal permit application processing fee $1,000; (b) New surface water withdrawal permit application processing fee $7,500; (c) Modification of surface water withdrawal permit application processing fee $2,000; (d) Renewal of surface water withdrawal permit with modifications application processing fee $1,000; (e) Surface water withdrawal annual operating fee per permitted intake $1,000. Code Commissioner's Note At the direction of the Code Commissioner, the 2010 version of subsection (H)(8), is replaced by the 2012 version of subsection (H)(8), effective January 1, 2013; the two versions are substantially identical. Editor's Note 2010 Act No. 247, SECTION 3.C, provides as follows: "The new item added to Section 48-2-50(H) by this SECTION is repealed January 1, 2013. No new fees may be charged for Surface Water Withdrawal applications following that date without an act of the General Assembly setting the fee schedule." 2012 Act No. 248, SECTION 3, provides as follows: "SECTION 3. Section 3C of Act 247 of 2010, which reads as stated below, is repealed: "C. The new item added to Section 48-2-50 by this SECTION is repealed January 1, 2013. No new fees may be charged for Surface Water Withdrawal applications following that date without an act of the General Assembly setting the fee schedule." Effect of Amendment The 2010 amendment added subsection (H)(8), relating to surface water withdrawals. The 2012 amendment added subsection (H)(8), relating to surface water withdrawals.
S.C. Code Ann. § 48-43-840 — SC Code / Title 48 / Chapter 43 / Article 4 / Section 48-43-840
SECTION 48-43-840. Sale, purchase or the like of illegal oil, gas, or products prohibited; actions for seizure and sale.
Status: in_force

(A) The sale, purchase, acquisition, transportation, refining, processing or handling of illegal oil, illegal gas or illegal product is hereby prohibited. However, no penalty by way of fine shall be imposed upon a person who sells, purchases, acquires, transports, refines, processes or handles illegal oil, illegal gas or illegal product unless (1) such person knows, or is put on notice of, facts indicating that illegal oil, illegal gas or illegal product is involved, or (2) such person fails to obtain a certificate of clearance with respect to such oil, gas or product if prescribed by an order of the department, or fails to follow any other method prescribed by an order of the department for the identification of such oil, gas or product. (B) Illegal oil, illegal gas, and illegal product are declared to be contraband and are subject to seizure and sale as herein provided. Seizure and sale shall be in addition to any and all other remedies and penalties provided in this chapter for violations relating to illegal oil, illegal gas, or illegal product. Whenever the department believes that any oil, gas, or product is illegal, the department, acting by the Attorney General, shall bring a civil action in rem in the court of common pleas of the county where such oil, gas, or product is found, to seize and sell the same, or the department may include such an action in rem in any suit brought for an injunction or penalty involving illegal oil, illegal gas, or illegal product. Any person claiming an interest in oil, gas, or product affected by such action in rem shall have the right to intervene as an interested party in such action. (C) Actions for seizure and sale of illegal oil, illegal gas or illegal product shall be strictly in rem, and shall proceed in the name of the state as plaintiff against the oil, gas or product as defendant. No bond or similar undertaking shall be required of the plaintiff. The action for seizure and sale shall be commenced in the court of common pleas for the county in which the oil, gas or product is situated by a summons and complaint which shall be verified or supported by affidavits. When the verified complaint or complaint and supporting affidavits set forth sufficient facts to support the seizure and sale of the illegal oil, illegal gas or illegal products, the clerk of court of the county in which such oil, gas or product is situated or the judge of the judicial circuit which has jurisdiction to hear matters arising in the county shall issue a warrant directed to the sheriff of the county for service upon any and all persons having or claiming any interest in the oil, gas or product described in the complaint. The warrant shall direct the sheriff to take such oil, gas or product into his custody until such time as the court has heard the action on its merits and the matter has been fully adjudicated. The original summons and complaint and warrant shall be filed with the clerk of court for the county by the plaintiff with the sheriff's affidavit of service attached when service has been accomplished in the manner set forth herein by the sheriff. All persons having or claiming any interest in the oil, gas or product described in the complaint must appear and answer the complaint within twenty days after the service of such summons and complaint. Service of the summons and complaint and warrant by posting copies on the door of the courthouse for the county in which the oil, gas or product described in the complaint is situated, by posting copies in the immediate vicinity of the place where such oil, gas or product is located and by publishing the summons and complaint and warrant in any newspaper of general circulation in the county in which such oil, gas or product is located in four consecutive issues of the newspaper shall constitute valid and sufficient service on all persons having or claiming any interest in the such oil, gas or product. Any person who fails to appear and answer the complaint within twenty days after service of the summons and complaint and warrant shall be forever barred by any judgment obtained by the plaintiff. The service of the summons and complaint and warrant as provided herein shall place the State in constructive or actual possession, as the case may be, of the oil, gas or product. (D) Any person having an interest in any oil, gas or product which has been seized in accordance with the provisions of Section C may, prior to the sale thereof, obtain the release thereof, upon furnishing bond to the sheriff, approved by the clerk of court, in an amount equal to one hundred and fifty percent of the market value of the oil, gas or product to be released pending a final adjudication of the action on its merits. (E) If the court, after a hearing upon the complaint for the seizure and sale of oil, gas, or product, finds that such oil, gas, or product is contraband, the court shall order the sale thereof by the sheriff in the same manner and upon the same notice of sale as provided by law for the sale of personal property on execution of judgment entered in a civil action, except that the court may order that the oil, gas, or product be sold in specified lots or portions and at specified intervals. Upon such sale, title to the oil, gas, or product sold shall vest in the purchaser free of the claims of any and all persons having any title thereto or interest therein at or prior to the seizure thereof, and the same shall be legal oil, legal gas, or legal products, as the case may be, in the hands of the purchaser. (F) All proceeds derived from the sale of illegal oil, illegal gas, or illegal product, as above provided, after payment of costs of suit and expenses incident to the sale and all amounts paid as penalties provided for by this chapter, shall be paid into the State Treasury for the use of the department in defraying its expenses in the same manner as other funds provided by law for the use of the department.
S.C. Code Ann. § 48-1-120 — SC Code / Title 48 / Chapter 1 / Section 48-1-120
SECTION 48-1-120. Determination and correction of undesirable level.
Status: in_force

If the Department shall determine that an undesirable level exists, it shall take such action as necessary to control such condition. The Department shall grant such time as is reasonable for the owner or operator of a source to correct the undesirable level, after taking all factors into consideration that are pertinent to the issue. In making its order and determinations, the Department shall take into consideration all the facts and circumstances bearing upon the reasonableness of the emissions involved including, but not limited to: (a) The character and degree of injury to, or interference with, the health and physical property of the people; (b) The social and economic value of the source of the undesirable levels; (c) The question of priority of location in the area involved; and (d) The technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from such source. If the undesirable level is not corrected within the required time, then the Department shall issue an order to cease and desist from causing such emissions.
S.C. Code Ann. § 48-4-10 — SC Code / Title 48 / Chapter 4 / Section 48-4-10
SECTION 48-4-10. Department created; composition; transfer of powers, from predecessor agencies; certain commissions abolished.
Status: in_force

(A) The South Carolina Department of Natural Resources is created to administer and enforce the laws of this State relating to wildlife, marine resources, and natural resources and other laws specifically assigned to it. The department must be comprised of a Law Enforcement Division, a Wildlife and Freshwater Fisheries Division, a Marine Resources Division, and a Land, Water, and Conservation Division. Each division of the department must have the functions and powers provided by law. (B) All functions, powers, and duties provided by law to the South Carolina Wildlife and Marine Resources Department, the Geological Survey Division of the Budget and Control Board, to include the State Geologist, and the South Carolina Migratory Waterfowl Committee are transferred to the Department of Natural Resources. All nonregulatory functions, powers, and duties provided by law to the South Carolina Water Resources Commission and the State Land Resources Conservation Commission are transferred to the Department of Natural Resources. All rules, regulations, standards, orders, or other actions of these entities remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act. (C) All divisions are directly accountable to and subject to the Department of Natural Resources. (D) The Wildlife and Marine Resources Commission, the Land Resources Conservation Commission, and the Water Resources Commission are abolished. Effect of Amendment 2022 Act No. 230, SECTION 2.A, in (A), in the second sentence, substituted "Law Enforcement Division, a Wildlife and Freshwater Fisheries Division, a Marine Resources Division, and a Land, Water, and Conservation Division" for "Natural Resources Enforcement Division, a Wildlife and Freshwater Fisheries Division, a Marine Resources Division, a Water Resources Division, and a Land Resources and Conservation Districts Division".
S.C. Code Ann. § 48-52-910 — SC Code / Title 48 / Chapter 52 / Article 12 / Section 48-52-910
SECTION 48-52-910. Implementation of conservation measures by agencies; audit; reports.
Status: in_force

(A) Each agency must consider reductions of its energy, water, and wastewater use, and must implement recommended conservation measures to the degree the agency determines that the measures are cost effective. An audit must be performed by internal or external auditors, or by an energy services company in the manner provided in Section 48-52-670. Audit results and recommendations must be included in the report to the State Energy Office. (B) Each agency must comply with this section by July 1, 2011.
S.C. Code Ann. § 48-39-130 — SC Code / Title 48 / Chapter 39 / Section 48-39-130
SECTION 48-39-130. Permits required to utilize critical areas.
Status: repealed

Text of (D)(10) is repealed effective July 1, 2026. See, Editor's Note following this section. (A) Ninety days after July 1, 1977, no person shall utilize a critical area for a use other than the use the critical area was devoted to on such date unless he has first obtained a permit from the department. (B) Within sixty days of July 1, 1977, the department shall publish and make available the interim rules and regulations it will follow in evaluating permit applications. These interim rules and regulations shall be used in evaluating and granting or denying all permit applications until such time as the final rules and regulations are adopted in accordance with this section and Chapter 23 of Title 1. Within one hundred and twenty days of July 1, 1977 the department shall publish and make available to local and regional governments and interested citizens for review and comment a draft of the final rules and regulations it will follow in evaluating permit applications. Sixty days after making such guidelines available the department shall hold a public hearing affording all interested persons an opportunity to comment on such guidelines. Following the public hearing the department, pursuant to the Administrative Procedures Act, shall in ninety days publish final rules and regulations. Provided, however, the interim rules and regulations shall not be subject to the provisions of Chapter 23 of Title 1. (C) Ninety days after July 1, 1977 no person shall fill, remove, dredge, drain or erect any structure on or in any way alter any critical area without first obtaining a permit from the department. Provided, however, that a person who has legally commenced a use such as those evidenced by a state permit, as issued by the Budget and Control Board, or a project loan approved by the rural electrification administration or a local building permit or has received a United States Corps of Engineers or Coast Guard permit, where applicable, may continue such use without obtaining a permit. Any person may request the department to review any project or activity to determine if he is exempt under this section from the provisions of this chapter. The department shall make such determinations within forty-five days from the receipt of any such request. (D) It shall not be necessary to apply for a permit for the following activities: (1) The accomplishment of emergency orders of an appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the department. However, with regard to the beach and dune critical area, the following techniques or a combination thereof, shall be used in accordance with guidelines provided by the department are allowed pursuant to this item: (a) sandbags, provided that a bond is supplied to reasonably estimate and cover the cost of removal; (b) sandscraping; (c) renourishment; (d) any other technology, methodology, or structure pursuant to Section 48-39-320(C), provided that: (i) the emergency order for use is only issued by the department; and (ii) a bond is supplied to reasonably estimate and cover the cost of removal; or (e) a combination of these techniques. (2) Hunting, erecting duckblinds, fishing, shellfishing and trapping when and where otherwise permitted by law; the conservation, repletion and research activities of state agencies and educational institutions or boating or other recreation provided that such activities cause no material harm to the flora, fauna, physical or aesthetic resources of the area. (3) The discharge of treated effluent as permitted by law; provided, however, that the department shall have the authority to review and comment on all proposed permits that would affect critical areas. (4) Dredge and fill performed by the United States Corps of Engineers for the maintenance of the harbor channels and the collection and disposal of the materials so dredged; provided, however, that the department shall have authority to review and certify all such proposed dredge and fill activities. (5) Construction of walkways over sand dunes in accordance with regulations promulgated by the department. (6) Emergency repairs to an existing bank, dike, fishing pier, or structure, other than oceanfront erosion control structures or devices, which has been erected in accordance with federal and state laws or provided for by general law or acts passed by the General Assembly, if notice is given in writing to the department within seventy-two hours from the onset of the needed repairs. (7) Maintenance and repair of drainage and sewer facilities constructed in accordance with federal or state laws and normal maintenance and repair of any utility or railroad. (8) Normal maintenance or repair to any pier or walkway provided that such maintenance or repair not involve dredge or fill. (9) Construction or maintenance of a major utility facility where the utility has obtained a certificate for such facility under "The Utility Facility Siting and Environmental Protection Act", Chapter 33 of Title 58 of the 1976 Code. Provided, however, that the South Carolina Public Service Commission shall make the department a party to certification proceedings for utility facilities within the coastal zone. (10) Dredging in existing navigational canal community developments by individuals, counties, or municipalities of manmade, predominately armored, recreational use canals and essential access canals conveyed to the State or dedicated to the public for that purpose between 1965 and the effective date of this act if the maintenance dredging is authorized by a permit from the United States Army Corps of Engineers pursuant to the Federal Clean Water Act, as amended, or the Rivers and Harbors Act of 1899. All other department administered certifications for such dredging are deemed waived. (E) The department, in its discretion, may issue a general permit when the issuance of the general permit would advance the implementation of the goals, policies, and purposes contained in Sections 48-39-20, 48-39-30, and 48-39-280. Editor's Note 2011 Act No. 41, SECTIONS 5 and 6, provide as follows: "SECTION 5. Section 48-39-130(D)(10) of the 1976 Code is repealed on July 1, 2026. Any maintenance dredging occurring after July 1, 2026, in areas that were dredged pursuant to Section 48-39-130(D) must be performed pursuant to the provisions contained in Chapter 39, Title 48 and the maintenance dredging regulations promulgated pursuant to this act. "SECTION 6. Nothing in this act shall be construed to expand or increase the department's jurisdiction or to require permits for activities or projects that are not currently subject to regulation by the department. Except for the extension of the permit duration for maintenance dredging permits to ten years, nothing in this act shall be construed to impact any pending request or application for any license or approval from the department." 2014 Act No. 219, SECTION 2, provides as follows: "SECTION 2. This act takes effect upon approval by the Governor; however, Section 48-39-130, as amended, remains subject to the repeal provision pursuant to Section 5, Act 41 of 2011." 2016 Act No. 197, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor; however, Section 48-39-130, as amended, remains subject to the repeal provision pursuant to Section 5, Act 41 of 2011." Effect of Amendment The 2011 amendment, in subsection (D), added paragraph (10). 2016 Act No. 150, SECTION 1, in (D)(10), inserted "individuals,". 2016 Act No. 197, SECTION 1, rewrote (D)(1), so as to allow certain techniques to be used to protect beach and dune critical areas. 2018 Act No. 174, SECTION 1, added (E).
S.C. Code Ann. § 48-20-55 — SC Code / Title 48 / Chapter 20 / Section 48-20-55
SECTION 48-20-55. General permits for limited mining.
Status: in_force

(A) The department may develop and implement general permits for the regulation of mining limited to excavations for topsoil or sand/clay fill material which do not require further processing. General permits developed by the department must contain, at a minimum, standard plans and specifications for environmental protection, storm water management, public health and safety protections, and reclamation of affected lands in accordance with promulgated regulations. (B) An applicant for a general permit where the total affected area is two acres or less may begin mining when the department receives a complete application for a general permit. Before an operator may conduct mining operations under a general permit for an affected area greater than two acres, he shall file an application with the department to determine eligibility. The department may require an individual operating permit pursuant to Sections 48-20-60 and 48-20-70 instead of issuing a general permit if necessary to ensure environmental protection or public safety.
S.C. Code Ann. § 48-18-50 — SC Code / Title 48 / Chapter 18 / Section 48-18-50
SECTION 48-18-50. State Advisory Council on erosion and sediment reduction; membership; duties.
Status: in_force

(1) A state Advisory Council on Erosion and Sediment Reduction (State Advisory Council), which may include, but not be limited to, a representative of each of the following, must be appointed by the Governor upon the advice of the following agencies and organizations: South Carolina Association of Counties South Carolina Municipal Association South Carolina Association of Conservation Districts South Carolina Home Builders Association Associated General Contractors, Inc. South Carolina Association of Realtors South Carolina Chapter, American Society of Landscape Architects South Carolina Chapter, American Society of Civil Engineers Council of Governments Executive Director's Committee South Carolina Farm Bureau South Carolina State Grange Office of the Governor USDA-Soil Conservation Service Clemson University South Carolina Department of Health and Environmental Control South Carolina Forestry Commission South Carolina Forestry Association South Carolina Chapter American Institute of Architects (2) The department must provide staff support to the State Advisory Council. (3) Duties of the State Advisory Council include, but are not limited to the following: (a) Study the erosion and sediment reduction and stormwater management programs of other states and evaluate their applicability to South Carolina. (b) Evaluate erosion, sedimentation, and stormwater conditions in the State. (c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the State. (d) Assist the department with educational programs including, but not limited to, seminars, conferences, workshops, media productions, and written publication. (e) Compile information pertaining to sedimentation of water bodies in the State. (f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management. (g) Evaluate the need for additional legislation for erosion and sediment reduction and stormwater management. (h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs. (i) Provide information to the department as needed.
S.C. Code Ann. § 48-9-10 — SC Code / Title 48 / Chapter 9 / Article 1 / Section 48-9-10
SECTION 48-9-10. Short title.
Status: in_force

This chapter may be known and cited as the "Soil and Water Conservation Districts Law."
S.C. Code Ann. § 48-23-180 — SC Code / Title 48 / Chapter 23 / Section 48-23-180
SECTION 48-23-180. Marking and tallying forestry products.
Status: in_force

The State Commission of Forestry may mark or tally trees under approved forestry practices preparatory to the cutting or using of such trees for lumber, veneer, poles, piling, pulpwood, cordwood and all other forest products when and if requested by the landowner or his agent. The landowner or his agent shall pay to the Commission for such services for forested tracts of five hundred acres or less five per cent of the sale price of the stumpage so marked within thirty days following the removal of the timber or ten per cent of the agreed upon value of the products so marked and for all forested tracts in excess of five hundred acres such amount on the first five hundred acres and twenty per cent of the sale price of the stumpage so marked upon all acres in excess of five hundred. Such amount shall be paid by the Commission to the State Treasurer and by him credited to the Federal revolving fund now in existence, for use for the purpose of this section and for general forestry purposes.
S.C. Code Ann. § 48-33-40 — SC Code / Title 48 / Chapter 33 / Section 48-33-40
SECTION 48-33-40. State Commission of Forestry to direct forest fire protection work.
Status: in_force

All forest fire protection work shall be under the direction and supervision of the State Commission of Forestry, through the State Forester, subject to the provisions of this chapter and the laws of the State enacted relative to forestry and forest fire prevention and suppression.
S.C. Code Ann. § 48-43-310 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-310
SECTION 48-43-310. Exploration permit required; disposition of funds collected.
Status: in_force

The department shall require that all persons who explore for oil or gas within the jurisdiction of the State of South Carolina obtain an exploration permit from the department. The department may include in the permits such conditions and restrictions as the department deems to be desirable or necessary and may charge a reasonable fee for the issuance of the permit. All monies collected by the department pursuant to this section shall be forwarded to the State Treasurer who shall place such monies in an account for the department and such monies shall be used by the department in carrying out its duties imposed by this chapter.
S.C. Code Ann. § 48-57-40 — SC Code / Title 48 / Chapter 57 / Section 48-57-40
SECTION 48-57-40. Waiver of privilege.
Status: in_force

(A) The privilege provided for in Section 48-57-30 does not apply to the extent that it is expressly waived in writing by the owner or operator of a facility at which an environmental audit was conducted and who prepared or caused to be prepared the audit report as a result of the audit. (B) The audit report and information generated by the audit may be disclosed without waiving the privilege in Section 48-57-30 to: (1) a person employed by the owner or operator or the parent corporation of the audited facility; (2) a legal representative of the owner or operator or parent corporation; or (3) an independent contractor retained by the owner or operator or parent corporation to conduct an audit on or to address an issue or issues raised by the audit. (C) Disclosure of an audit report or information generated by the audit under these circumstances does not waive the privilege in Section 48-57-30: (1) disclosure made under the terms of a confidentiality agreement between the owner or operator of the facility audited and a potential purchaser of the business or facility audited; (2) disclosure made under the terms of a confidentiality agreement between governmental officials and the owner or operator of the facility audited; (3) disclosure made under the terms of a confidentiality agreement between a customer, lending institution, or insurance company with an existing or proposed relationship with the facility.
S.C. Code Ann. § 48-60-51 — SC Code / Title 48 / Chapter 60 / Section 48-60-51
SECTION 48-60-51. Electronic waste program.
Status: repealed

Section effective until December 31, 2029. (A) For program year 2023 and each year thereafter, no television manufacturer or computer monitor manufacturer shall sell or offer for sale a covered television device or covered computer monitor device in this State unless the television manufacturer or computer monitor manufacturer offers a manufacturer electronic waste program to transport and recycle, consistent with the requirements of this chapter, covered television devices and covered computer monitor devices collected at, and prepared for transport from, the program collection sites, and one-day collection events included in the program during the program year. (B) A manufacturer can satisfy the requirements of this section either individually or collectively as part of a manufacturer clearinghouse. (C) Each manufacturer electronic waste program must ensure the following, at a minimum: (1) satisfaction of the convenience standard described in Section 48-60-56; (2) instructions for counties and solid waste authorities serving one or more counties to file notice to participate in the program; (3) transportation and subsequent recycling of the covered television devices and covered computer monitor devices collected at, and prepared for transport from, the program collection sites and one-day collection events included in the program during the program year; and (4) submission of a report to the department by March 1, 2024, and by March first each year thereafter, which reports: (a) the total weight of all covered devices transported from program collection sites and one-day collection events statewide during the preceding program year by category of device; (b) the total weight of all covered devices transported from program collection sites and one-day collection events in each county in the State during the preceding program year by category of device. (D) Each manufacturer electronic waste program shall make the instructions required pursuant to subsection (C)(2) available on its website within thirty days of the effective date of the act or no later than July 1, 2022, and the program shall provide a hyperlink to the website to the department for posting on the department's website. (E) Nothing in this chapter prevents a manufacturer from accepting, through its recovery program, covered television devices and covered computer monitor devices collected through a curbside or drop-off collection program that is operated pursuant to a residential collection agreement between a third party and a unit of local government located within a county or solid waste authority serving one or more counties that has elected to participate in a manufacturer electronic waste program. (F) Manufacturers of covered television devices and covered computer monitor devices are not financially responsible for transporting and consolidating covered devices collected from a collection program's drop-off location. Any drop-off location operating in program year 2023 or in subsequent years must be identified by the county or solid waste authority serving one or more counties in the annual written notice of election to participate in a manufacturer electronic waste program in accordance with Section 48-60-57 to be eligible for the subsequent program year. (G) As part of their annual registration, a television or computer monitor manufacturer shall provide to the department the total weight of the manufacturer's covered television devices or covered computer monitor devices sold at retail in the United States and the total weight of covered devices collected and recycled in the State during the previous program year. A manufacturer's weight sold data is proprietary information of the manufacturer and may be shared with a manufacture clearinghouse. 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. § 48-23-220 — SC Code / Title 48 / Chapter 23 / Section 48-23-220
SECTION 48-23-220. Borrowing by commission.
Status: in_force

The State Commission of Forestry may borrow from time to time sums of money not exceeding five hundred thousand dollars from any source available and issue evidences of indebtedness therefor in the form of notes or bonds, as may be determined by the Commission, at a rate of interest not exceeding six per cent per annum, payable either annually or semiannually, as the Commission may determine, and with such maturities as may be determined by the Commission, not exceeding, however, twenty years from the date of issue of the first obligation issued hereunder. The Commission may secure any sums borrowed under the terms hereof by mortgage of any property owned by it and it may also pledge any and all income of every kind and pledge any and all rents, incomes, issues and profits accruing to it from any of its properties and any rights or privileges accruing to it under any contract of sale or lease. Unless otherwise provided herein, all of the details of any loan and the manner of execution of the evidences of indebtedness and of the mortgages or other security authorized to be pledged shall be within the discretion of the Commission.
S.C. Code Ann. § 48-18-20 — SC Code / Title 48 / Chapter 18 / Section 48-18-20
SECTION 48-18-20. Definitions.
Status: in_force

As used in this chapter: (1) "Erosion" means the wearing away of the ground surface by the action of wind, water, gravity, or any combination thereof. (2) "Sediment" means soil or other earth-like material that has been moved by the forces of water, wind, gravity, or any combination of them. (3) "Sedimentation" means the process or action of depositing sediment. (4) "Land disturbing activity" means any land change which may result in excessive erosion and sedimentation. (5) "Stormwater" means the direct runoff of water and associated material resulting from precipitation in any form. (6) "Local government" means any county or municipality. (7) "Soil and water conservation district" or "conservation district" means a governmental subdivision of the State created pursuant to Chapter 9 of Title 48; and "conservation district board" means the governing body of a soil and water conservation district. (8) "Department" means the South Carolina Department of Health and Environmental Control. (9) "Privately owned land" means all land not owned by the State, a state agency, quasi-state agency, subdivision of the State, or a federal governmental agency. (10) "Quasi-state agency" means any entity other than a state agency but having some attributes of a state agency by virtue of the fact that the State has some authority to make rules and regulations by which it is governed. For the purpose of this chapter, the South Carolina Public Service Authority is a quasi-state agency; county and municipal governments and special purpose districts are not quasi-state agencies. (11) "Board" means the board of the department.
S.C. Code Ann. § 48-23-132 — SC Code / Title 48 / Chapter 23 / Section 48-23-132
SECTION 48-23-132. Purposes for which revenues from specified sources may be used.
Status: in_force

Revenue received from hunting privileges, rentals, fuel wood sales, the marketing of pine straw, merchantable timber, forest tree seed, and miscellaneous products on commission lands, excluding Sand Hills State Forest, must be retained by the commission to be used for reforestation of the Manchester State Forest, the development and operation of state forests and forest tree seed orchards, the maintenance of wildlife habitat, and the administration and operation of various programs on commission holdings. The commission may carry forward unexpended funds under this section to be used for those purposes.
S.C. Code Ann. § 48-49-80 — SC Code / Title 48 / Chapter 49 / Section 48-49-80
SECTION 48-49-80. Power of counties or municipalities to enact ordinances restricting construction on mountain ridges.
Status: in_force

Nothing in this chapter shall prevent any county or municipality from enacting ordinances pursuant to law to prohibit or restrict development or construction on any mountain ridge regardless of elevation, but in no event shall any such ordinance result in less stringent protection than that provided for in this chapter.
S.C. Code Ann. § 48-28-20 — SC Code / Title 48 / Chapter 28 / Section 48-28-20
SECTION 48-28-20. Powers and duties of State Forester in connection with implementation of forest renewal program.
Status: in_force

The State Forester shall implement a forest renewal program to encourage private investments in the improved management of forest lands and resources within the State to ensure adequate future high quality timber supplies, related employment and other economic benefits and the protection, maintenance and enhancement of a productive and stable forest resource system. In furtherance of this purpose, the State Forester shall: 1. Provide financial assistance to eligible landowners to increase the productivity of the privately-owned forests of the State through the application of forest renewal practices. 2. Ensure that forest operations in the State are conducted in a manner designed to protect the soil, air and water resources, including, but not limited to, streams, lakes and estuaries through actions of landowners on lands for which assistance is sought under provisions of this chapter. Application of generally acceptable forest practices should be implemented in each case. 3. Implement a program of voluntary landowner participation through the use of a forest renewal fund to meet the above goals. 4. Coordinate the program with other related programs in such a manner as to encourage the utilization of private agencies, firms and individuals furnishing services and materials needed in the application of practices included in the forest renewal program.
S.C. Code Ann. § 48-1-80 — SC Code / Title 48 / Chapter 1 / Section 48-1-80
SECTION 48-1-80. Considerations in formulating classification and standards for water.
Status: in_force

In adopting the classification of waters and the standards of purity and quality, consideration shall be given to: (1) The size, depth, surface area covered, volume, direction, rate of flow, stream gradient and temperature of the water; (2) The character of the district bordering such water and its peculiar suitability for the particular uses and with a view to conserving it and encouraging the most appropriate use of the lands bordering on such water for residential, agricultural, industrial or recreational purposes; (3) The uses which have been made, are being made or may be made of such waters for transportation, domestic and industrial consumption, irrigation, bathing, fishing and fish culture, fire prevention, sewage disposal or otherwise; and (4) The extent of present defilement or fouling of such waters which has already occurred or resulted from past discharges therein.
S.C. Code Ann. § 48-39-340 — SC Code / Title 48 / Chapter 39 / Section 48-39-340
SECTION 48-39-340. Distribution of funding.
Status: in_force

Funding for local governments to provide for beachfront management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as established by priority by the department.
S.C. Code Ann. § 48-21-20 — SC Code / Title 48 / Chapter 21 / Section 48-21-20
SECTION 48-21-20. Mining council.
Status: in_force

(a) The "mining council" is established in the office of the Governor. The council is the advisory body referred to in Article V(a) of the Interstate Mining Compact. Members of the council and the Governor's alternate on the Interstate Mining Commission shall receive the per diem, mileage, and subsistence allowed by law for members of state boards, committees, and commissions. (b) The council shall be composed of eleven members. One member shall be the State Geologist and one member shall be the Secretary of Commerce or his designee. Three members, appointed by the Governor, shall be representatives of mining industries; three members, appointed by the Governor, shall be representatives of nongovernmental conservation interests; two members, appointed by the Governor, shall be representatives of the Department of Health and Environmental Control who shall be knowledgeable in the principles of water and air resources management; and one member, appointed by the Governor, shall be his official representative to the Interstate Mining Compact Commission. Any public official appointed to the council shall serve ex officio. The term of office for the Secretary of Commerce or his designee and the Governor's official representative to the Interstate Mining Compact Commission shall be coterminous with that of the Governor. Of the remaining eight members appointed by the Governor, six shall be appointed for terms of six years, two shall be appointed for terms of two years and beginning July 1, 1976, the term of office for all new appointments and reappointments to these eight positions shall be for four years. The term of each member of the council shall expire on June thirtieth of the year in which his term expires. Any vacancy occurring on the council by death, resignation, or otherwise shall be filled for the unexpired term of the person creating the vacancy by the Governor. (c) In accordance with Article V (i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the Director Department of Health and Environmental Control. Effect of Amendment The 2008 amendment, deleted "with the advice and consent of the Senate" three times in the second sentence with regard to members appointed by the Governor from the mining industries, representatives of nongovernmental conservation interests, and representatives of the Department of Health and Environmental Services.
S.C. Code Ann. § 48-23-130 — SC Code / Title 48 / Chapter 23 / Section 48-23-130
SECTION 48-23-130. Acquisition of lands for state forests.
Status: in_force

The State Commission of Forestry may enter into agreements with the Federal Government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the Commission are desirable for State forests. When lands are acquired or leased under this section the Commission may make expenditures from any funds not otherwise obligated for the management, development and utilization of such areas and may sell or otherwise dispose of products from such lands and make such rules and regulations as may be necessary to carry out the purposes of this section.
S.C. Code Ann. § 48-62-30 — SC Code / Title 48 / Chapter 62 / Article 1 / Section 48-62-30
SECTION 48-62-30. Statewide Resilience Plan; development; implementation; review and revision.
Status: in_force

To coordinate and strengthen efforts to reduce losses from future disasters across the State, the office shall develop, implement, and maintain a strategic Statewide Resilience Plan, which must include, but is not limited to: (1) development and implementation of a Strategic Statewide Resilience and Risk Reduction Plan, which shall be developed in accordance with the principles recommended in the South Carolina Floodwater Commission Report and shall serve as framework to guide state investment in flood mitigation projects and the adoption of programs and policies to protect the people and property of South Carolina from the damage and destruction of extreme weather events. This plan shall be reviewed and revised at appropriate intervals determined by the Chief Resilience Officer and advisory agencies to assure that it continues to serve the health, safety, and welfare of the citizens of South Carolina over time. An initial version of this plan shall be completed by July 1, 2022, and shall, at minimum, include provisions that: (a) describe known flood risks for each of the eight major watersheds of the State, as delineated in the Department of Health and Environmental Control's South Carolina Watershed Atlas; (b) for each major watershed, examine present and potential losses associated with the occurrence of extreme weather events and other natural catastrophes in this State, and land management practices that potentiate extreme weather events, resulting in increased flooding, wildfires, and drought conditions; (c) for each major watershed, identify data and information gaps that affect the capacity of state agencies or local governments to adequately evaluate and address the factors that increase flood risk, and recommend strategies to overcome such gaps; (d) develop recommendations, at appropriate scale, including subwatershed or local governmental levels, to decrease vulnerabilities and adverse impacts associated with flooding. In developing these recommendations, the office shall, at a minimum, consider the following: (i) the economic impact of best available projections related to the current and future risk of extreme weather events in this State including, but not limited to, the impact on forestry, agriculture, water, and other natural resources, food systems, zoning, wildlife, hunting, infrastructure, economic productivity and security, education, and public health; (ii) the long-term costs, including ongoing operation and maintenance costs of specific projects or suites of flood mitigation projects and approaches; (iii) opportunities to prioritize the role of nature-based solutions and other methods to restore the natural function of the floodplain; (iv) possible cobenefits that may be achieved beyond flood reduction including, but not limited to, enhanced water supply, improvements in water quality, tourism and recreational opportunities, or protection of wildlife and aquatic resources; (v) statutory or regulatory remedies for consideration by the General Assembly; (vi) necessary state policies or responses, including alterations to state building codes and land use management, creation of additional programs or offices and directions for the provision of clear and coordinated services and support to reduce the impact of natural catastrophes and extreme weather events and increase resiliency in this State; and (vii) potential financial resources available for increasing resiliency throughout the State; (e) estimates of the number and cost of residential properties within the State for which a floodplain buyout may be appropriate; (f) a strategy for providing resources, technical assistance, and other support to local governments for flood risk reduction action; (g) plans for integrating recommended approaches to risk reduction into existing state strategies for hazard mitigation, environmental protection, and economic opportunity and development; (h) opportunities for stakeholder input from citizens around the State; (2) coordination of statewide disaster recovery efforts and activities and collaboration between federal, state, and local stakeholders; (3) technical planning assistance for state and local governmental entities; and (4) grants to institutions of higher education and other state and local governmental entities to conduct research related to resilience concerns specific to South Carolina.
S.C. Code Ann. § 48-20-250 — SC Code / Title 48 / Chapter 20 / Section 48-20-250
SECTION 48-20-250. Affect of chapter on local zoning regulations or ordinances.
Status: in_force

No provision of this chapter supersedes, affects, or prevents the enforcement of a zoning regulation or ordinance within the jurisdiction of an incorporated municipality or county or by an agency or department of this State, except when a provision of the regulation or ordinance is in direct conflict with this chapter.
S.C. Code Ann. § 48-11-210 — SC Code / Title 48 / Chapter 11 / Section 48-11-210
SECTION 48-11-210. Revision of organization and function of watershed conservation districts to comply with chapter; reorganization of certain districts.
Status: in_force

(A) The organization and function of each of the following watershed conservation districts which have implemented works of improvement must be revised to comply with this chapter. Each watershed conservation district retains the authority to levy the millage rate for the district, established previously by the General Assembly or through the local creation or administration of the watershed conservation district, at which taxes may be levied each fiscal year on the real property in the district, until the millage rate is changed as provided in this chapter or increased by action of county council. This chapter applies to those districts notwithstanding contrary provisions in acts which may have created the districts. The districts and related acts, where created by separate acts, include: (1) Beaverdam Creek, Edgefield County, Act 1407 of 1974; (2) Beaverdam Creek, Oconee County, Act 1178 of 1962; (3) Beaverdam-Warriors Creek, Laurens County, Act 599 of 1961; (4) Big Creek, Anderson County; (5) Broadmouth Creek, Anderson County; (6) Brown's Creek, Union County; (7) Brushy Creek, Anderson and Pickens Counties; (8) Buck Creek, Horry County, Act 579 of 1961; (9) Carters Branch-Muddy Creek, Marlboro County, Act 1355 of 1966; (10) Crabtree Swamp, Horry County, Act 579 of 1961; (11) Duncan Creek, Laurens County, Act 599 of 1961; (12) Fishing Creek, York County, Act 1219 of 1958; (13) Gapway Swamp, Horry County, Act 579 of 1961; (14) George's Creek, Pickens County, Act 633 of 1963; (15) Hill's Creek, Chesterfield County, Act 513 of 1961; (16) Hollow Creek, Lexington and Saluda Counties, Act 1335 of 1966; (17) Horse Range Swamp, Orangeburg County, Act 816 of 1967; (18) Little Lynches Creek, Kershaw and Lancaster Counties, Act 1316 of 1966 and Act 583 of 1963; (19) Little Walnut-Tom and Kate, Dorchester County, Act 584 of 1965; (20) Lynches Lake-Camp Branch, Florence County, Act 1007 of 1960; (21) Maple Swamp, Dillon County; (22) Oolenoy River, Pickens County, Act 631 of 1961; (23) Rabon Creek, Laurens and Greenville Counties; (24) St. George-Gum Branch, Dorchester County; (25) Salem Community, Florence County; (26) Simpson Creek, Horry County, Act 579 of 1961; (27) Rocky Creek, Chester and Fairfield Counties; (28) South Tyger River, Greenville County, Act 544 of 1963; (29) Thicketty Creek, Cherokee and Spartanburg Counties; (30) Three and Twenty Creek, Anderson and Pickens Counties; (31) Tinkers Creek, Chester and York Counties; (32) Todd Swamp, Horry County, Act 579 of 1961; (33) Wateree Creek, Fairfield County, Act 1077 of 1958; (34) Wilson Creek, Anderson and Abbeville Counties; (35) Willow Swamp, Colleton and Bamberg Counties, Act 1032 of 1962. (B) The existing Bear Creek Watershed Conservation District, Camp Creek Watershed Conservation District, Cane Creek Watershed Conservation District, Gills Creek Watershed Conservation District, and Hannah's Creek Watershed Conservation District in Lancaster County, created pursuant to Act 583 of 1963, are combined into a single watershed conservation district named Cane Creek Watershed Conservation District which encompasses the combined area of the five existing watershed conservation districts. The organization and function of the new Cane Creek Watershed Conservation District must be revised to comply with this chapter. The district retains the authority to levy the millage rate authorized in Act 583 of 1963 until the millage rate is changed as provided in this chapter or increased by action of county council. This chapter applies to this district notwithstanding contrary provisions in Act 583 of 1963. (C) The existing Jackson Creek Watershed Conservation District and Mill Creek Watershed Conservation District in Fairfield County, created pursuant to Act 596 of 1965, are combined into a single watershed conservation district named Jackson-Mill Creek Watershed Conservation District which encompasses the combined area of the two existing watershed conservation districts. The organization and function of the new Jackson-Mill Creek Watershed Conservation District must be revised to comply with this chapter. The district retains the authority to levy the millage rate authorized in Act 596 of 1965 until the millage rate is changed as provided in this chapter or increased by action of county council. This chapter applies to this district notwithstanding contrary provisions in Act 596 of 1965. (D) The board of commissioners of each of the soil and water conservation districts in which a part or all of each of the watershed conservation districts in subsections (A), (B), and (C) is located shall initiate action with the board of directors of the watershed conservation district and the county government to carry out this revision in the organization and function of the watershed conservation district. The department shall assist each of the boards of commissioners of the affected soil and water conservation districts with this responsibility. The department shall initiate this assistance by providing written directions and guidance to each of the affected soil and water conservation districts within ninety days of the effective date of this chapter, as amended. The department may adopt policy and has broad authority to carry out this section. (E) For purposes of this chapter, including the conduct of elections, the Digital Hydrologic Map prepared by the Service Center Agencies of the United States Department of Agriculture of the Fishing Creek Watershed District in York County represents and is declared to be the boundaries of the district. Effect of Amendment The 2012 amendment added subsection (E).
S.C. Code Ann. § 48-5-40 — SC Code / Title 48 / Chapter 5 / Section 48-5-40
SECTION 48-5-40. Powers of authority.
Status: in_force

The authority has all powers necessary, useful, or appropriate to fund, invest, use, and administer the clean water fund, the drinking water fund, and other authorized activities permitted by the Safe Drinking Water Act including, but not limited to, the power to: (1) have perpetual succession as a public body corporate and as a political subdivision of the State; (2) adopt, promulgate, amend, and repeal bylaws and regulations not inconsistent with this chapter for the administration of its affairs and the implementation of its functions in accordance with the provisions of Chapter 23 of Title 1; (3) sue and be sued in its own name; (4) have an official seal and alter it at will although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the authority; (5) make and service loans, enter into loan agreements, accept and enforce loan obligations, and provide other forms of financial assistance permitted by this chapter; (6) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions; (7) establish (a) policies and procedures for the making and administration of loans and (b) fiscal controls and accounting procedures to ensure proper accounting and reporting by the authority and project sponsors; (8) sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its properties and assets; (9) hire staff and employ agents, advisers, consultants, and other employees, including attorneys, financial advisers, engineers, and other technical advisers and public accountants and determine their duties and compensation; (10) procure insurance against a loss in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents; (11) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from a public or private entity, including a department, agency, or instrumentality of the United States or of this State, for the payment of bonds issued by it, including the power to pay premiums or fees on insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) receive and accept from any source aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this chapter subject to the conditions upon which the aid, grants, or contributions are made; (13) enter into agreements with a department, agency, or instrumentality of the United States or of this State for the purpose of planning and providing for the financing of projects; (14) collect, or authorize the trustee under a trust indenture securing bonds to collect, amounts due under the loan agreement or loan obligation, including taking the action required to obtain payment of sums in default; (15) enter into contracts or agreements for the servicing and processing of loan agreements or loan obligations; (16) invest or reinvest its funds as permitted by applicable law; (17) unless restricted under an agreement with holders of bonds, consent to a modification with respect to the rate of interest, time, and payment of an installment of principal or interest, or other term of a loan agreement or loan obligation; (18) establish and revise, amend and repeal, and collect fees and charges in connection with activities or services rendered by the authority; (19) perform an act necessary or convenient to the exercise of the powers granted or reasonably implied by this chapter; (20) disburse monies from the fund to the department and the authority for program, project, loan and fund management; and (21) establish accounts for the deposit of portions of the federal capitalization grants, as authorized by the Safe Drinking Water Act, for purposes of certain other authorized activities.
S.C. Code Ann. § 48-56-40 — SC Code / Title 48 / Chapter 56 / Section 48-56-40
SECTION 48-56-40. Eligibility for participation in pilot program.
Status: in_force

Participation in the pilot program is limited to facilities that are members or are eligible to be members of the South Carolina Environmental Excellence Program and that are issued at least one approval under South Carolina environmental law.
S.C. Code Ann. § 48-33-50 — SC Code / Title 48 / Chapter 33 / Section 48-33-50
SECTION 48-33-50. Creation of county forestry boards.
Status: in_force

There shall be set up in each county a board, to be known as the county forestry board, consisting of five members, who shall be appointed by the State Commission of Forestry on the recommendation of a majority of the county legislative delegation in the House of Representatives and the Senator of such county. The members shall be residents of the county from which they are appointed. Change of residence from the county shall terminate the appointment. The initial term of all the members of the county forestry boards having been one for one year, one for two years, one for three years, one for four years and one for five years, the terms of the members of each board since appointed have been and shall hereafter be for five years, each member holding office until his successor is appointed, so that one member shall be appointed annually. In case of a vacancy or termination of appointment on a county forestry board, such vacancy shall be filled in the same manner as provided for the appointment of members thereof, except that if a vacancy shall exist in the office of member of a county forestry board for more than two months the then existing members of the county forestry board may recommend for appointment some suitable person to fill such vacancy and the State Commission of Forestry shall make the appointment on such recommendation. In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995. In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996. In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996. Editor's Note By a Ordinance No. 96-5-15, dated October 2, 1996, the Berkeley County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 159 of 1995 which were formerly made by the Berkeley County Legislative Delegation pursuant to the authority of this section. By Resolution 96-07, dated July 15, 1996, the Dorchester County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 512 of 1996 which were formerly made by the Dorchester County Legislative Delegation pursuant to the authority of this section. By a resolution dated August 13, 1996, the Georgetown County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 515 of 1996 which were formerly made by the Georgetown County Legislative Delegation pursuant to the authority of this section.
S.C. Code Ann. § 48-39-140 — SC Code / Title 48 / Chapter 39 / Section 48-39-140
SECTION 48-39-140. Submission of development plans; application for permits.
Status: in_force

(A) Any person who wishes may submit development plans to the department for preliminary review. If a permit is necessary, the department will make every effort to assist the applicant in expediting the permit application. (B) Each application for a permit shall be filed with the department and shall include: (1) Name and address of the applicant. (2) A plan or drawing showing the applicant's proposal and the manner or method by which the proposal shall be accomplished. (3) A plat of the area in which the proposed work will take place. (4) A copy of the deed, lease or other instrument under which the applicant claims title, possession or permission from the owner of the property, to carry out the proposal. (5) A list of all adjoining landowners and their addresses or a sworn affidavit that with due diligence such information is not ascertainable. (C) The department within thirty days of receipt of an application for a permit shall notify, in writing, interested agencies, all adjoining landowners, local government units in which the land is located and other interested persons of the application and shall indicate the nature of the applicant's proposal. Public notice shall be given at least once by advertisement in state and local newspapers of general circulation in the area concerned. The department may hold a public hearing on applications which have any effect on a critical area if it deems a hearing necessary. The public hearing shall be held in the county where the land is located and if in more than one county the department shall determine in which county to hold the hearing or may hold hearings in both counties. Provided, all interested agencies, all adjoining landowners, local government units and other interested persons shall have thirty days to file a written comment to such application after receipt of any such notice by the department.
S.C. Code Ann. § 48-9-1240 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1240
SECTION 48-9-1240. Chairman; quorum; majority vote; compensation.
Status: in_force

The commissioners shall designate a chairman and may, from time to time, change such designation. A majority of the commissioners shall constitute a quorum and the concurrence of a majority of the commissioners in any matter within their duties shall be required for its determination. A commissioner shall receive no compensation for his services, but he shall be entitled to expenses, including travel expenses, necessarily incurred in the discharge of his duties.
S.C. Code Ann. § 48-52-640 — SC Code / Title 48 / Chapter 52 / Article 6 / Section 48-52-640
SECTION 48-52-640. Energy conservation products marketed to State; certification and procurement requirements.
Status: in_force

(A) A vendor of energy conservation products making an energy conservation claim and attempting to sell to state government shall submit the product to the State Energy Office for evaluation and certification. (B) Energy conservation products certified by the State Energy Office may be purchased by a state agency subject to the state procurement code, but only if the State Energy Office considers use of the energy conservation product more cost efficient than an uncertified product over a five-year period. The State Energy Office may certify only a product that meets or exceeds the Federal Energy Star standards designed by the United States Environmental Protection Agency and the United States Department of Energy. (C) A state agency shall submit a disclaimer statement to the State Energy Office with its annual report stating that it did not purchase an energy conservation product that had not been certified by the State Energy Office. (D) Each state agency head shall require the agency's procurement officer or other person authorized to purchase supplies for the agency to replace an incandescent light bulb used by the agency with a compact fluorescent bulb when the incandescent bulb needs to be replaced, and if the agency determines use of a compact fluorescent bulb is more cost effective over a five-year period than use of an incandescent bulb. A state agency may purchase incandescent bulbs for the agency if the agency verifies, in writing, that compelling circumstances require the use of incandescent bulbs. Effect of Amendment The 2008 amendment rewrote subsection (B); made nonsubstantive changes in subsection (C); and added subsection (D) relating to replacing incandescent light bulbs with compact fluorescent bulbs.
S.C. Code Ann. § 48-1-170 — SC Code / Title 48 / Chapter 1 / Section 48-1-170
SECTION 48-1-170. Records of hearings and decisions.
Status: in_force

In any hearing held by the Department in which a quasi-judicial decision is rendered, the Department shall make a record of the decision and secure its prompt publication. The decision shall include a statement of the facts in controversy, the decision of the Department, the law or regulation upon which the decision is based and any other information deemed necessary. To serve as a guide and precedent of the policy of the Department, the decisions shall be chronologically numbered according to date and compiled in an annual report similar in style to the reports of the Supreme Court. The reports of these decisions shall be made available to the public. If any person concerned with such hearing requests it, a complete transcript of the testimony presented shall be made and filed.
S.C. Code Ann. § 48-5-80 — SC Code / Title 48 / Chapter 5 / Section 48-5-80
SECTION 48-5-80. Authority authorized to borrow money and issue bonds; requirements for issuing bonds.
Status: in_force

(A) Subject to the requirements of subsections (B) and (C) of this section, the authority may borrow money and issue its bonds, including refunding bonds, in amounts it determines necessary or convenient to provide funds to carry out its purposes and powers and to pay all costs and expenses incurred in connection with the issuance of bonds. (B) At or before the delivery of bonds by the authority, the authority shall, by resolution of the authority, certificate of an officer or employee of the authority or other manner as the authority determines, establish with respect to all bonds of the authority then outstanding and then proposed to be delivered that, following the period during which interest on bonds or loan obligations is capitalized, either: (1) the ratio of all assets, including, without limitation, loan obligations, reserves, and any amounts to be received pursuant to an agreement with the agency held, or to be held, as security for all the bonds to the principal amount of all the bonds is not less than 1.10 to 1; or (2) the ratio of anticipated annual receipts to be derived from assets described in (1), above, to debt service on all the bonds is estimated to be not less than 1.10 to 1. (C) With respect to bonds, or that portion of an issue of bonds, issued to refund outstanding bonds of the authority, in lieu of the requirements of subsection (B) of this section, the bonds may be issued if the authority establishes with respect to the issuing of the bonds that debt service with respect to the refunding bonds is not expected to exceed debt service with respect to the refunded bonds in a year in which the refunded bonds were outstanding.
S.C. Code Ann. § 48-46-60 — SC Code / Title 48 / Chapter 46 / Section 48-46-60
SECTION 48-46-60. Governor and office authorized to take actions to join Atlantic Compact; effective date; conditions; administrative expenses; assessment of compact convention costs and expenses.
Status: in_force

(A) The Governor and the office are authorized to take such actions as are necessary to join the Atlantic Compact including, but not limited to, petitioning the Compact Commission for membership and participating in any and all rulemaking processes. South Carolina's membership in the Atlantic Compact pursuant to this chapter is effective July 1, 2000, if by that date the Governor certifies to the General Assembly that the Compact Commission has taken each of the actions specified below. If the Compact Commission by July 1, 2000, has not taken each of the actions specified below, then South Carolina's membership shall become effective as soon thereafter as the Governor certifies that the Atlantic Compact Commission has taken these actions: (1) adopted a binding regulation or policy in accordance with Article VII(e) of the compact establishing conditions for admission of a party state that are consistent with this act and ordered that South Carolina be declared eligible to be a party state consistent with those conditions; (2) adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude the disposal facility from accepting all regional waste that can reasonably be projected to require disposal at the regional disposal facility consistent with subitem (5)(b) of this section; (3) adopted a binding regulation or policy in accordance with Article IV(i)(12) of the Atlantic Compact authorizing each regional generator, at the generator's discretion, to ship waste to disposal facilities located outside the Atlantic Compact region; (4) authorized South Carolina to proceed with plans to establish disposal rates for low-level radioactive waste disposal in a manner consistent with the procedures described in this chapter; (5) adopted a binding regulation, policy, or order officially designating South Carolina as a volunteer host state for the region's disposal facility, contingent upon South Carolina's membership in the compact, in accordance with Article V.b.1. of the Atlantic Compact, thereby authorizing the following compensation and incentives to South Carolina: (a) agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled "Barnwell Economic Development Fund". This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale Counties and projects in the Williston area of Aiken County. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the office. Expenditures must be authorized by the Barnwell County governing body and with the approval of the office. Upon approval of the Barnwell County governing body and the office, the State Treasurer shall submit the approved funds to the Barnwell County Treasurer for disbursement pursuant to the authorization; (b) adopted a binding regulation, policy, or order consistent with the regional management plan developed pursuant to Article V(a) of the Atlantic Compact, limiting Connecticut and New Jersey to the use of not more than 800,000 cubic feet of disposal capacity at the regional disposal facility located in Barnwell County, South Carolina, and also ensuring that up to 800,000 cubic feet of disposal capacity remains available for use by Connecticut and New Jersey unless this estimate of need is later revised downward by unanimous consent of the compact commission; (c) agreement, as evidenced in a policy or regulation, that the compact commission headquarters and office will be relocated to South Carolina within six months of South Carolina's membership; and (d) agreement, as evidenced in a policy or regulation, that the compact commission will, to the extent practicable, hold a majority of its meetings in the host state for the regional disposal facility. (B) The office, the State Treasurer, and the PSC shall provide the required staff and may add additional permanent or temporary staff or contract for services, as well as provide for operating expenses, if necessary, to administer new responsibilities assigned under this chapter. In accordance with Article V.f.2. of the Atlantic Compact the compensation, costs, and expenses incurred incident to administering these responsibilities may be paid through a surcharge on waste disposed at regional disposal facilities within the State. To cover these costs the office shall impose a surcharge per unit of waste received at any regional disposal facility located within the State. A site operator shall collect and remit these fees to the office in accordance with the office's directions. All such surcharges shall be included within the disposal rates set by the office pursuant to Section 48-46-40. (C) In accordance with Article V.f.3. of the Atlantic Compact, the compact commission shall advise the office at least annually, but more frequently if the compact commission deems appropriate, of the compact commission's costs and expenses. To cover these costs the office shall impose a surcharge per unit of waste received at any regional disposal facility located within the State as determined in Section 48-46-40. A site operator shall collect and remit these fees to the office in accordance with the office's directions, and the department shall remit those fees to the compact commission. Effect of Amendment 2014 Act No. 121, SECTION 7.HH, in subsection (A), substituted "the office" for "the board"; in subsection (A)(5)(a), three times substituted "the office" for "the board"; in subsection (B), four times substituted "the office" for "the board" and substituted "the office's" for "the board's"; and in subsection (C), three times substituted "the office" for "the board", substituted "the office's" for "the board's", and substituted "the department shall remit" for "the board shall remit".
S.C. Code Ann. § 48-2-340 — SC Code / Title 48 / Chapter 2 / Article 3 / Section 48-2-340
SECTION 48-2-340. Certification of necessity of funding for specific emergency; accounting; recovery of costs.
Status: in_force

(A) The department, through the commissioner or the commissioner's designee, shall certify that funding for a specific emergency was necessary to protect the environment or public health, or both. Annually, the department shall prepare an independent accounting of all revenue in the fund. The report must be submitted to the chairman of the Board of the Department of Health and Environmental Control and must be made available to the public upon request. (B) Nothing in this section precludes the department from seeking appropriate enforcement action, including civil penalties and recovery of costs expended from the fund, against a party determined to be responsible for the environmental emergency. Costs recovered pursuant to an enforcement action must be deposited in the fund in accordance with the limitation prescribed in Section 48-2-330.
S.C. Code Ann. § 48-20-160 — SC Code / Title 48 / Chapter 20 / Section 48-20-160
SECTION 48-20-160. Notice of violations; hearings; suspension or revocation of permit.
Status: in_force

(A) If the department believes a violation of this chapter, a regulation promulgated by it, or the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of that fact upon the operator, specifying the facts constituting the apparent violation and informing the operator of his right to a hearing at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice, unless the department and the operator mutually agree on another date. The operator may appear at the hearing, either personally or through counsel, and present evidence he desires in order to prove that no violation has taken place or exists. If the operator or his representative does not appear at the hearing, or if the department following the hearing finds that there has been a violation, the department may suspend the permit until the violation is corrected or may revoke the permit where the violation appears to be wilful. (B) The effective date of a suspension or revocation is sixty days following the date of the decision. An appeal to the council pursuant to Section 48-20-190 stays the effective date until the council's decision. A further appeal to the Administrative Law Court pursuant to Section 48-20-200 stays the effective date until the date of the administrative law judge's final decision. If the department finds at the time of its initial decision that a delay in correcting a violation may result in imminent peril to life or danger to property or to the environment, it shall initiate promptly a proceeding for injunctive relief pursuant to Section 48-20-230. The pendency of an appeal from a suspension or revocation of a permit has no effect upon the action. (C) An operator whose operating permit is suspended or revoked shall be denied a new permit or a reinstatement of the suspended permit to engage in mining until he gives evidence satisfactory to the department of his ability and intent to comply fully with the provisions of this chapter, regulations promulgated by it, and the terms and conditions of his permit, including the approved reclamation plan, and that he has corrected satisfactorily all deficiencies or previous violations. (D) A general permit, as provided for in Section 48-20-55, may be revoked or suspended if the operator is cited for violations of this chapter, a regulation promulgated by it, or the terms and conditions of that general permit. If this authority is suspended or revoked and mining is ordered to be stopped pursuant to Section 48-20-220, the operator whose eligibility to mine under a general permit that has been suspended or revoked shall be denied further eligibility under that or other general permits or an individual operation permit until satisfactory evidence is presented to the department that the operation intends to comply fully with the provisions of this chapter, regulations promulgated under it, and the terms and conditions of his permit, including satisfactorily correcting all deficiencies or previous violations.
S.C. Code Ann. § 48-60-80 — SC Code / Title 48 / Chapter 60 / Section 48-60-80
SECTION 48-60-80. Liability of retailer.
Status: repealed

Section effective until December 31, 2029. A retailer may not be liable for damages arising from information stored on any 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 2022 Act No. 234, SECTION 1.A, substituted "electronic waste program" for "recovery program".
S.C. Code Ann. § 48-59-90 — SC Code / Title 48 / Chapter 59 / Section 48-59-90
SECTION 48-59-90. Eminent domain or condemnation proceedings.
Status: in_force

Funds from the trust fund may not be used to acquire interests in lands or other interests in real property through the exercise of any power of eminent domain or condemnation proceeding.
S.C. Code Ann. § 48-23-135 — SC Code / Title 48 / Chapter 23 / Section 48-23-135
SECTION 48-23-135. Authorization to borrow; amount and terms.
Status: in_force

In order to finance the cost of acquiring land for use as a second generation tree seed orchard, additional seedling production facilities, and field offices, the State Forestry Commission may borrow from one or more financial institutions or from whatever other source is appropriate not exceeding two million dollars for a period of time as needed, not exceeding twenty years, and upon the terms and conditions the commission, with the approval of the State Fiscal Accountability Authority, agrees upon. 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. § 48-60-120 — SC Code / Title 48 / Chapter 60 / Section 48-60-120
SECTION 48-60-120. Exemptions from public disclosure.
Status: repealed

Section effective until December 31, 2029. Financial and proprietary information submitted to the department pursuant to this chapter is exempt from public disclosure. 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, substituted "to this chapter" for "to this act".
S.C. Code Ann. § 48-45-10 — SC Code / Title 48 / Chapter 45 / Section 48-45-10
SECTION 48-45-10. Creation of consortium.
Status: in_force

There is hereby created the South Carolina Sea Grant Consortium (consortium).
S.C. Code Ann. § 48-55-20 — SC Code / Title 48 / Chapter 55 / Section 48-55-20
SECTION 48-55-20. Committee to establish procedures for meetings, nominations, and selection of recipient.
Status: in_force

The committee shall establish procedures for: (1) conducting and scheduling its meetings; (2) receiving nominations for the award; and (3) selecting the recipient of the award.
S.C. Code Ann. § 48-52-425 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-425
SECTION 48-52-425. Limitation on amount school districts must spend on energy conservation.
Status: in_force

No public school district may be required to expend more than one hundred dollars a year to comply with the provisions of this chapter.
S.C. Code Ann. § 48-6-70 — SC Code / Title 48 / Chapter 6 / Section 48-6-70
SECTION 48-6-70. Penalties for violating rules of department.
Status: in_force

(A) A person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Environmental Services, made by the department pursuant to Section 48-6-60, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days. (B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 48-6-60 is subject to a civil penalty not to exceed one thousand dollars a day for each violation. (C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund. (D) The term "notice" as used in this section means either actual notice or constructive notice. (E) This section does not apply to fines levied pursuant to Section 48-6-60(3) or any other areas regulated by the South Carolina Occupational Health and Safety Act, Section 41-12-10, et seq.
S.C. Code Ann. § 48-29-60 — SC Code / Title 48 / Chapter 29 / Section 48-29-60
SECTION 48-29-60. Dissolution of control zones.
Status: in_force

When the State Commission of Forestry determines that pest control work within an established control zone is no longer necessary or feasible, the State Commission of Forestry shall dissolve the zone.
S.C. Code Ann. § 48-23-160 — SC Code / Title 48 / Chapter 23 / Section 48-23-160
SECTION 48-23-160. Sale, exchange, or lease of lands.
Status: in_force

The Commission may sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the State to do so for the most orderly development and management of State forests, except that no such sale, lease or exchange shall be contrary to the terms of any contract which the Commission has entered into.
S.C. Code Ann. § 48-55-30 — SC Code / Title 48 / Chapter 55 / Section 48-55-30
SECTION 48-55-30. Award criteria; presentation of award.
Status: in_force

Presentation of the award and all related announcements must be made annually the first week in February. It must recognize outstanding contributions made toward the conservation of South Carolina's environment for the previous year. The recipient shall: (1) exemplify extraordinary dedication to preserving and protecting the environment and natural resources of South Carolina through statewide efforts or efforts in his community or neighborhood; (2) possess upstanding moral character; and (3) meet other reasonable criteria considered appropriate by the committee.
S.C. Code Ann. § 48-11-185 — SC Code / Title 48 / Chapter 11 / Section 48-11-185
SECTION 48-11-185. Consolidation of watershed conservation districts into single district.
Status: in_force

(A) The boards of directors of two or more watershed conservation districts may petition the board of commissioners of the soil and water conservation district for the watershed conservation districts to be consolidated into a single district but only if the new single watershed conservation district meets the provisions of Section 48-11-30. The petition must be signed by a majority of the board of directors of each of the affected watershed conservation districts. The board of commissioners shall deny the petition if the proposed watershed conservation district does not meet the provisions of Section 48-11-30. (B) Within sixty days after receiving a petition that meets these requirements, the board of commissioners of the soil and water conservation district shall give due notice of and hold a public hearing on the proposed consolidation. After the hearing the board of commissioners shall determine whether the operation of the newly proposed single watershed conservation district is administratively practicable and feasible. (C) If the board of commissioners determines that the operation of the new single watershed conservation district is administratively practicable and feasible, a referendum to approve or disapprove the consolidation of the watershed conservation districts must be held by the county election commission in the next scheduled countywide election in the counties in which the watershed is located. Applicable rules of the scheduled election apply to the referendum. Due notice of the referendum must be given by the county election commission. The notice must name the proposed watershed conservation district and describe its boundaries and state the authority for taxes to be levied each year for the purposes of the watershed conservation district. Only qualified electors residing in the proposed watershed conservation district may vote in the referendum. (D) The county election commission shall tabulate the results of the referendum at the close of the polls, submit a written report of the results to the board of commissioners of the soil and water conservation district, and certify the results of the referendum to the clerks of court of the counties in which the district is situated. If a majority of the votes cast in the referendum are in favor of consolidation of the watershed conservation districts into the single district, upon proper recordation of the referendum results by the clerks of court of the counties, the watershed conservation district constitutes a governmental subdivision of this State and a public body corporate and politic and must be organized and shall function fully in accordance with this chapter. After recording the results the clerks of court shall notify the board of commissioners of the soil and water conservation district in writing that the watershed conservation district has been established. The board of commissioners shall submit to the department a copy of the notification from the clerks of court.
S.C. Code Ann. § 48-27-120 — SC Code / Title 48 / Chapter 27 / Section 48-27-120
SECTION 48-27-120. Licensing and registration as registered foresters; exceptions.
Status: in_force

(1) No person shall use in connection with his name or otherwise assume, use or advertise any title or description tending directly or indirectly to convey the impression that he is a registered forester, without first having been licensed and registered as a registered forester as provided in this chapter. (2) Except as specifically authorized in this section, no person shall engage in the practice of professional forestry as defined in this chapter or in any manner advertise or hold himself out as engaged in such practice without first being licensed as a registered forester under this chapter. (3) Notwithstanding subsection (2) of this section or any other provision of this chapter, nothing herein may be construed as preventing or prohibiting any person from managing or otherwise conducting forestry practices on land owned by him, nor shall anything herein prohibit any regular employee from engaging in professional or other forestry practices on lands owned by the person. Also, notwithstanding subsection (2) of this section or any other provision of this chapter, nothing herein may be construed as preventing or prohibiting professional employees of public agricultural agencies from rendering forestry information, education, demonstration, and conservation planning in line of duty if the employees do not represent themselves to be registered foresters unless properly licensed or registered under the provisions of this chapter. (4) It is the purpose of this chapter to protect the public by improving the standards relative to the practice of professional forestry, and the provisions of this chapter apply to foresters employed by the State. (5) Nothing herein provided shall prohibit any forestry work by unlicensed persons working under the supervision of a registered forester.
S.C. Code Ann. § 48-11-100 — SC Code / Title 48 / Chapter 11 / Section 48-11-100
SECTION 48-11-100. Governing body of district.
Status: in_force

(A) The governing body of each watershed conservation district consists of five directors selected as provided in this section. No person may be a director who is not a qualified elector residing in the district. (B) The first directors of the watershed conservation district after the district has been created must be elected in a nonpartisan election conducted by the county election commission when county officers are elected in the general election. To be placed on the ballot each candidate shall submit to the county election commission a declaration of candidacy not later than noon, September 1, or if this date falls on a Saturday, Sunday, or a legal holiday, not later than noon the following Monday. If a watershed district lies in more than one county the required declaration of candidacy must be filed with the State Election Commission. This election must be conducted pursuant to Title 7, mutatis mutandis, except as otherwise provided in this section. The five elected directors, under the general supervision of the board of commissioners of the soil and water conservation district, are the governing body of the watershed conservation district. (C)(1) Of the directors first elected, the three receiving the largest number of votes serve for terms of four years, and the two receiving the next largest number of votes serve for terms of two years. (2) The term of office of each of their successors is four years, except in lieu of election successors may be appointed in watershed conservation districts if: (a) one of the sponsors, other than the watershed conservation district board of directors, of each phase of each work of improvement conducted by the district, including operation and maintenance of the work of improvement, has the authority to levy an annual tax on the real property in the district for that phase of the work of improvement; (b) the watershed conservation district has sufficient funds, other than taxes levied by the district on real property in the district, to pay the expenses of the district. (3) Twenty-five or more qualified electors residing in a watershed conservation district may submit a petition to the board of commissioners of the soil and water conservation district for the procedure by which watershed conservation district directors are selected to be changed from election to appointment. The board of commissioners shall determine whether the prerequisites for appointment described in item (1) are met. To help make this decision the board shall give due notice of and hold a public hearing on the proposed change within sixty days after receiving the petition. After the public hearing the board of commissioners shall determine whether the prerequisites are met. (4) If the board of commissioners determine that the prerequisites are met, a referendum to approve or disapprove the change in the procedure for selecting watershed conservation district directors must be held by the county election commission in the next scheduled countywide election in the counties where the watershed conservation district is located. Applicable rules of the scheduled election apply to the referendum. Due notice of the referendum must be given by the county election commission. Notice must state that, if the procedure for selecting watershed conservation district directors is changed from election to appointment, the change is effective as current terms expire and that the authority of the watershed conservation district to levy an annual tax on real property in the district ceases when the first of the current terms expires and has been filled by appointment and continues as long as directors are appointed instead of elected. Only qualified electors residing in the watershed conservation district may vote in the referendum. (5) The county election commission shall tabulate the results of the referendum, submit the results in writing to the board of commissioners of the soil and water conservation district, and certify the results to the clerks of court of the counties in which the watershed conservation district is located. If a majority of the votes cast in the referendum favor changing the procedure for selecting watershed conservation district directors from election to appointment, the board of commissioners shall submit written notification to the county election commission, county auditors, sponsors of works of improvement of the watershed conservation district, watershed district directors, and the department that the selection procedure is changed when current terms expire and that the authority of the watershed conservation district board to levy an annual tax on real property in the district ceases, when the first of the current terms expires and has been filled by appointment and continues as long as directors are appointed instead of elected. (6) The governing body of each county in which the watershed conservation district is located shall appoint one director each, and the board of commissioners of the soil and water conservation district shall appoint the remaining directors. To be considered for appointment by the board of commissioners of the soil and water conservation district or the county governing body, an individual shall submit to the board or body from which appointment is sought a nominating petition with the signatures of twenty-five qualified electors residing in the watershed conservation district, or, if less than fifty qualified electors reside in the district, a majority of the qualified electors. The official number of qualified electors residing in a watershed conservation district is the number of registered electors residing in the district and registered one hundred twenty days before the date by which nominating petitions must be submitted. The board of commissioners and the county governing body shall give due notice that they will receive petitions to nominate candidates to be appointed as watershed conservation district directors. Due notice must be given at least sixty days before the date by which petitions must be submitted. (7) The board of commissioners of the soil and water conservation district shall: (a) maintain records on the election and appointment of directors; (b) coordinate appointments by the county governing bodies, including written notification to the county governing bodies at least ninety days before the expiration of each term to be filled through appointment by the county governing body; (c) submit in writing to the department the name of each elected or appointed director within thirty days of election or appointment. (8) When each phase of a work of improvement of a watershed conservation district for which directors are appointed does not have a sponsor with authority to levy an annual tax on real property in the district for that phase of the work of improvement, or when the watershed conservation district does not have sufficient funds to pay the expenses of the district, the procedure for selecting watershed conservation district directors must be changed from appointment to election, and the board of commissioners shall notify in writing the county election commission, county auditor, sponsors of works of improvement of the watershed conservation district, watershed conservation district directors, and the department that the selection procedure is changed when current terms expire and that when current terms expire and have been filled by election, the watershed conservation district board may levy an annual tax on real property in the district as long as directors are elected instead of appointed. For a vacancy occurring before the expiration of the term of an elected director, a successor to serve for the unexpired portion of the term must be appointed by the board of commissioners. (D) For a vacancy occurring before the expiration of the term of an appointed director, a successor to serve for the unexpired portion of the term must be appointed by the body that made the original appointment. A director may be removed from office by the board of commissioners upon notice and hearing for neglect of duty or malfeasance in office but for no other reason. (E) For each calendar year the directors annually shall elect from among their number a chairman, secretary, and treasurer and so notify the soil and water conservation district and the department by March thirty-first each year. The board of directors, with the approval of the board of commissioners of the soil and water conservation district, may employ officers, agents, and other employees it requires and determine their qualifications, duties, and compensation. The board of directors shall provide for the execution of surety bonds for the officers, agents, or employees entrusted with funds or property of the watershed conservation district, tort liability insurance for each director of the watershed conservation district board, for the keeping of a full and accurate record of the proceedings, resolutions, and other actions of the board, and for the making and publication of an annual audit of the accounts of receipts and disbursements of the watershed conservation district. The watershed conservation district board shall submit a copy of the audit to the county treasurer and to the board of commissioners of the soil and water conservation district. The watershed conservation district board shall submit written notification to the department within one hundred twenty days following the end of the district's fiscal year that the audit has been made, the date of the audit, and the name of the firm that or individual who made the audit. (F) The directors may receive no compensation for their services, but they may be reimbursed from the budget of the watershed conservation district or from another local source for expenses, including traveling expenses, necessarily incurred in the discharge of their powers and duties as approved by the board of commissioners.
S.C. Code Ann. § 48-30-20 — SC Code / Title 48 / Chapter 30 / Section 48-30-20
SECTION 48-30-20. Purpose.
Status: in_force

The purpose of this chapter is to create an assessment on primary forest products processed from South Carolina timber to provide a source of funds to finance the operations provided for in Chapter 18 [28] of this title. All assessments levied under the provisions of this chapter shall be used only for the purposes specified in this chapter and in Chapter 28 of this title.
S.C. Code Ann. § 48-14-10 — SC Code / Title 48 / Chapter 14 / Section 48-14-10
SECTION 48-14-10. Short title.
Status: in_force

This chapter may be cited as the "Stormwater Management and Sediment Reduction Act".
S.C. Code Ann. § 48-43-570 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-570
SECTION 48-43-570. Cooperation and responsibilities of state agencies.
Status: in_force

(a) The Department of Transportation, the Department of Natural Resources, and any other agency of this State, shall cooperate with and lend assistance to the Department of Health and Environmental Control by assigning, upon request, personnel, equipment and material to be utilized in any project or activity related to the containment, collection, dispersal or removal of oil discharged upon the land or into the waters of this State. (b) Subsequent to July 1, 1977, and prior to September 1, 1977, designated representatives of the department, the Department of Transportation, and the Department of Natural Resources , and any other agency or agencies of the State which the department shall deem necessary and appropriate, shall confer and establish plans and procedures for the assignment and utilization of personnel, equipment and material to be used in carrying out the purposes of this article. (c) Every state agency participating in the containment, collection, dispersal or removal of an oil discharge or in restoration necessitated by such discharge, shall keep a record of all expenses incurred in carrying out any such project or activity including the actual services performed by the agency's personnel and the use of the agency's equipment and material. A copy of all records shall be delivered to the department upon completion of the project or activity.
S.C. Code Ann. § 48-59-110 — SC Code / Title 48 / Chapter 59 / Section 48-59-110
SECTION 48-59-110. Trust fund use restriction.
Status: in_force

(A) Trust funds may be used only by eligible trust fund recipients for the acquisition of interests in land, including closing costs. Trust funds may not be used to pay general operating expenses of eligible trust fund recipients, nor may trust funds be used for the management or maintenance of acquired interests in land. Trust funds only may be dispersed at the closing of transactions in which an interest in land is acquired. (B) The board, in its discretion, may award additional grant funds to the South Carolina Department of Natural Resources, the South Carolina Department of Parks, Recreation and Tourism, or the South Carolina Forestry Commission for the acquisition of fee simple title to land to which the public will have full access. The additional funds must be used only for improvements that create or enhance wildlife habitats. The state agency receiving the funds shall include with its grant application a request for the additional funds and a detailed description of how the additional funds, if awarded, would be used. If additional funds are awarded by the board, the state agency receiving the funds shall submit a report to the board every six months after the award has been made describing in detail how the funds have been used and continue to submit a report until the funds are fully utilized. If the additional funds have not been utilized two years after receipt, the remaining balance must be refunded to the trust fund. Effect of Amendment 2018 Act No. 224, SECTION 5, inserted the (A) designator and added (B), authorizing the bank to award additional grant funds to certain agencies for the acquisition of fee simple title to land and establishing reporting requirements.
S.C. Code Ann. § 48-43-520 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-520
SECTION 48-43-520. Findings and declarations of General Assembly.
Status: in_force

(1) The General Assembly finds and declares that the highest and best use of the seacoast of the State is as a source of public and private recreation. (2) The General Assembly further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches, and public lands adjoining the seacoast in as close to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests. (3) Furthermore it finds and declares that: (a) The transfer of pollutants between vessels, between onshore facilities and vessels, between offshore facilities and vessels, and between terminal facilities within the jurisdiction of the State and state waters is a hazardous undertaking; (b) Spills, discharges, and escapes of pollutants occurring as a result of procedures involved in the transfer, storage, and transportation of such products pose threats of great danger and damage to the environment of the State, to owners and users of shore front property, to public and private recreation, to citizens of the State and other interests deriving livelihood from marine-related activities, and to the beauty of the coast; (c) Such hazards have frequently occurred in the past, are occurring now, and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the State as herein set forth; and (d) Such state interests outweigh any economic burdens imposed upon those engaged in transferring pollutants and related activities. (4) The General Assembly intends by the enactment of this article to exercise the police power of the State by conferring upon the Department of Health and Environmental Control power to: (a) Deal with the hazards and threats of danger and damage posed by such transfers and related activities; (b) Require the prompt containment and removal of pollution occasioned thereby; and (5) The General Assembly further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the State in promoting its general welfare, preventing diseases, promoting health, and providing for the public safety and that the state's interest in such preservation outweighs any burdens of liability imposed herein upon those engaged in transferring pollutants and related activities. (6) The General Assembly further declares that it is the intent of this article to support and complement applicable provisions of the Federal Water Pollution Control Act, as amended, specifically those provisions relating to the national contingency plan for removal of pollutants.
S.C. Code Ann. § 48-1-55 — SC Code / Title 48 / Chapter 1 / Section 48-1-55
SECTION 48-1-55. Use of local personnel to monitor water quality in county where oyster factory located.
Status: in_force

On any navigable river in this State where an oyster factory is located, the Department of Health and Environmental Control may utilize qualified personnel of the county or municipality in whose jurisdiction the factory operates to assist with the monitoring of water quality and other environmental standards the department is required to enforce. The assistance may be provided at the request of the department and upon the consent of the county or municipality concerned.
S.C. Code Ann. § 48-60-61 — SC Code / Title 48 / Chapter 60 / Section 48-60-61
SECTION 48-60-61. Requirements for manufacturer clearinghouses; statement of the return share for each plan; calculation of unadjusted total proportional responsibility of each participating manufacturer.
Status: repealed

Section effective until December 31, 2029. (A) As used in this section: (1) "Adjusted total proportional responsibility" means the percentage calculated for each participating manufacturer for a program year pursuant to subsection (F). (2) "Market share" means the percentage that results from dividing: (a) the product of the total weight reported for a covered television device or covered computer monitor device by a manufacturer, for the calendar year two years before the applicable program year, pursuant to Section 48-60-51(G); by (b) the product of the total weight reported for that covered television device or covered computer monitor device category by all manufacturers, for the calendar year two years before the applicable program year, pursuant to Section 48-60-51(G). (3) "Participating manufacturer" means a manufacturer that a manufacturer clearinghouse has listed, pursuant to subsection (C), as a participant in the manufacturer clearinghouse for a program year. (4) "Return share" means the percentage, by weight, of each covered television device or computer monitor device category that is returned to the program collection sites and one-day collection events operated by or on behalf of either a manufacturer clearinghouse or one or more of its participating manufacturers during the calendar year two years before the applicable program year, as reported to the department pursuant to Section 48-60-51; except that, for program years 2023 and 2024, "return share" means the percentage, by weight, of each covered television device or computer monitor device category that is estimated by the manufacturer clearinghouse to be returned to those sites and events during the applicable program year, as reported to the department pursuant to subsection (B). (5) "Unadjusted total proportional responsibility" means the percentage calculated for each participating manufacturer pursuant to this section. (B) A manufacturer clearinghouse shall provide the department with a statement of the return share for each plan pursuant to Section 48-60-58. (C) If a manufacturer clearinghouse submits to the department a manufacturer electronic waste program plan pursuant to Section 48-60-58, the manufacturer clearinghouse shall include in the plan a list of manufacturers that have agreed to participate in the manufacturer clearinghouse for the upcoming program year. (D) For each program year, the department in collaboration with the manufacturer clearinghouse shall calculate the unadjusted total proportional responsibility of each participating manufacturer as follows: (1) Multiplying the participating manufacturer's market share for the covered television device or covered computer monitor device category by the return share for the covered television device or covered computer monitor device category, to arrive at the category-specific proportional responsibility of the participating manufacturer for the covered television device or covered computer monitor device category. (2) Then, for each participating manufacturer, add the category-specific proportional responsibilities of the participating manufacturer calculated pursuant to item (1), to arrive at the participating manufacturer's unadjusted total proportional responsibility. (E) If the sum of all unadjusted total proportional responsibilities of a manufacturer clearinghouse's participating manufacturers for a program year accounts for less than one hundred percent of the return share for that year, the department shall divide the unallocated return share among participating manufacturers in proportion to their unadjusted total proportional responsibilities, to arrive at the adjusted total proportional responsibility for each participating manufacturer. (F) A manufacturer may use retail collection sites to satisfy some or all of the manufacturer's responsibilities including, but not limited to, the manufacturer's transportation and recycling of collected covered television devices and covered computer monitor devices pursuant to any allocation methodology established by this chapter. Nothing in this chapter prevents a manufacturer from using retail collection sites to satisfy any percentage of the manufacturer's total responsibilities including, but not limited to, the manufacturer's transportation and recycling of collected covered television devices and covered computer monitor devices pursuant to any allocation methodology established by this chapter or by administrative regulation. 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."