S.C. Code Ann. § 48-39-20 — SC Code / Title 48 / Chapter 39 / Section 48-39-20
SECTION 48-39-20. Legislative declaration of findings.
Status: in_force

The General Assembly finds that: (A) The coastal zone is rich in a variety of natural, commercial, recreational and industrial resources of immediate and potential value to the present and future well-being of the State. (B) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal and harvesting of fish, shellfish and other living marine resources have resulted in the decline or loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use and shoreline erosion. (C) A variety of federal agencies presently operate land use controls and permit systems in the coastal zone. South Carolina can only regain control of the regulation of its critical areas by developing its own management program. The key to accomplishing this is to encourage the state and local governments to exercise their full authority over the lands and waters in the coastal zone. (D) The coastal zone and the fish, shellfish, other living marine resources and wildlife therein, may be ecologically fragile and consequently extremely vulnerable to destruction by man's alterations. (E) Important ecological, cultural, natural, geological and scenic characteristics, industrial, economic and historical values in the coastal zone are being irretrievably damaged or lost by ill-planned development that threatens to destroy these values. (F) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone while balancing economic interests, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate.
S.C. Code Ann. § 48-14-150 — SC Code / Title 48 / Chapter 14 / Section 48-14-150
SECTION 48-14-150. Injunctive relief.
Status: in_force

(A) When the implementing agency has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this chapter, it may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action for injunctive relief to restrain the violation or threatened violation. The action must be brought in the circuit court of the county in which the violation or threatened violation is occurring or about to occur. (B) Upon determination by the court that an alleged violation is occurring or is threatened, it shall enter the order necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under subsection (A) of this section does not relieve any party to the proceeding from any civil penalty prescribed for violations of this chapter.
S.C. Code Ann. § 48-2-10 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-10
SECTION 48-2-10. Short title.
Status: in_force

This article may be cited as the "Environmental Protection Fund Act".
S.C. Code Ann. § 48-39-310 — SC Code / Title 48 / Chapter 39 / Section 48-39-310
SECTION 48-39-310. Prohibition of destruction of any beach or dune vegetation seaward of setback line.
Status: in_force

The destruction of beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation, in the form of planting of new vegetation where possible, for the destruction is required as part of the permit conditions.
S.C. Code Ann. § 48-11-180 — SC Code / Title 48 / Chapter 11 / Section 48-11-180
SECTION 48-11-180. Detachment of lands from district.
Status: in_force

The owner of lands which have not and cannot be benefited by their inclusion in the watershed conservation district may petition the commissioners of the soil and water conservation district to have the lands detached. The petition must describe the lands and state the reasons why they should be detached. A hearing must be held by the commissioners within thirty days after the petition is filed. Due notice of the hearing must be given by the commissioners. If it is determined by the commissioners that the lands must be detached, the determination must be certified to the county auditors of the counties involved for recording.
S.C. Code Ann. § 48-39-90 — SC Code / Title 48 / Chapter 39 / Section 48-39-90
SECTION 48-39-90. Public hearings on management plan.
Status: in_force

(A) The department, on thirty days' notice, shall hold statewide public hearings on the proposed coastal zone management plan to obtain the views of all interested parties, particularly all interested citizens, agencies, local governments, regional organizations and port authorities. (B) All department documents associated with such hearings shall be conveniently available to the public for review and study at least thirty days prior to a hearing. A report on each hearing shall be prepared and made available to the public within forty-five days of such hearing. (C) After sufficient hearings and upon consideration of the views of interested parties the department shall propose a final management plan for the coastal zone to the Governor and the General Assembly. (D) Upon review and approval of the proposed management plan by the Governor and General Assembly, the proposed plan shall become the final management plan for the State's coastal zone. (E) Any change in or amendment to the final management plan shall be implemented by following the procedures established in subsections (A), (B), (C) and (D) of this section and upon the review and approval of the Governor and the General Assembly.
S.C. Code Ann. § 48-33-60 — SC Code / Title 48 / Chapter 33 / Section 48-33-60
SECTION 48-33-60. Duties and powers of county forestry boards; employees.
Status: in_force

The county boards shall assist in the efficient performance of the requirements of this chapter and the general conduct of the forestry program in the county. They shall review, revise and adopt the annual forest fire protection plan and the county ranger, fire wardens, towermen and all other county forest fire protection officers shall be employed, retained or dismissed only with the consent of the county forestry board. The county ranger, fire wardens and towermen and all other county officers of the county board shall be residents of the county in which they are so employed.
S.C. Code Ann. § 48-22-60 — SC Code / Title 48 / Chapter 22 / Section 48-22-60
SECTION 48-22-60. Impartiality of unit.
Status: in_force

The unit shall work impartially for the benefit of the public, and no person, firm, or governmental agency may call upon or require the State Geologist or unit staff to enter upon a special survey for his or their special benefit.
S.C. Code Ann. § 48-39-50 — SC Code / Title 48 / Chapter 39 / Section 48-39-50
SECTION 48-39-50. Powers and duties of department.
Status: in_force

The South Carolina Department of Health and Environmental Control shall have the following powers and duties: (A) To employ the CDPS consisting of, but not limited to, the following professional members: An administrator and other staff members to include those having expertise in biology, civil and hydrological engineering, planning, environmental engineering and environmental law. (B) To apply for, accept and expend financial assistance from public and private sources in support of activities undertaken pursuant to this chapter and the Federal Coastal zone Management Act of 1972. (C) To undertake the related programs necessary to develop and recommend to the Governor and the General Assembly a comprehensive program designed to promote the policies set forth in this chapter. (D) To hold public hearings and related community forums and afford participation in the development of management programs to all interested citizens, local governments and relevant state and federal agencies, port authorities and other interested parties. (E) To promulgate necessary rules and regulations to carry out the provisions of this chapter. (F) To administer the provisions of this chapter and all rules, regulations and orders promulgated under it. (G) To examine, modify, approve or deny applications for permits for activities covered by the provisions of this chapter. (H) To revoke and suspend permits of persons who fail or refuse to carry out or comply with the terms and conditions of the permit. (I) To enforce the provisions of this chapter and all rules and regulations promulgated by the department and institute or cause to be instituted in courts of competent jurisdiction of legal proceedings to compel compliance with the provisions of this chapter. (J) To manage estuarine and marine sanctuaries and regulate all activities therein, including the regulation of the use of the coastal waters located within the boundary of such sanctuary. (K) To establish, control and administer pipeline corridors and locations of pipelines used for the transportation of any fuel on or in the critical areas. (L) To direct and coordinate the beach and coastal shore erosion control activities among the various state and local governments. (M) To implement the state policies declared by this chapter. (N) To encourage and promote the cooperation and assistance of state agencies, coastal regional councils of government, local governments, federal agencies and other interested parties. (O) To exercise all incidental powers necessary to carry out the provisions of this chapter. (P) To coordinate the efforts of all public and private agencies and organizations engaged in the making of tidal surveys of the coastal zone of this State with the object of avoiding unnecessary duplication and overlapping. (Q) To serve as a coordinating state agency for any program of tidal surveying conducted by the federal government. (R) To develop and enforce uniform specifications and regulations for tidal surveying. (S) To monitor, in coordination with the South Carolina Department of Natural Resources, the waters of the State for oil spills. If such Department observes an oil spill in such waters it shall immediately report such spill to the South Carolina Department of Health and Environmental Control, the United States Coast Guard and Environmental Protection Agency. This in no way negates the responsibility of the spiller to report a spill. (T) To direct, as the designated state agency to provide liaison to the regional response team, pursuant to Section 1510.23 of the National Contingency Plan, state supervised removal operations of oil discharged into the waters within the territorial jurisdiction of this State and entering such waters after being discharged elsewhere within the State, and to seek reimbursement from the National Contingency Fund for removal operations cost expended by it and all other agencies and political subdivisions including county, municipal and regional governmental entities in removing such oil as provided for in Section 311(C)(2) of the Federal Water Pollution Control Act. (U) To act as advocate, where the department deems such action appropriate, on behalf of any person who is granted a permit for a specific development by the department but is denied a permit by a federal agency for the same specific development. (V) To delegate any of its powers and duties to the CDPS.
S.C. Code Ann. § 48-29-20 — SC Code / Title 48 / Chapter 29 / Section 48-29-20
SECTION 48-29-20. State Commission of Forestry to detect and control forest pest outbreaks.
Status: in_force

The purpose and intent of this chapter is to place with the State Commission of Forestry the authority and responsibility for action programs to detect and control forest pest outbreaks in South Carolina. The establishment of quarantine regulations and other actions to prevent the introduction into or the spread of introduced forest pests in South Carolina shall remain the responsibility of the State Crop Pest Commission, and the provisions of this chapter shall not abrogate or change any power or authority vested in the State Crop Pest Commission except as defined herein in regard to action programs to detect and control forest pests.
S.C. Code Ann. § 48-23-260 — SC Code / Title 48 / Chapter 23 / Section 48-23-260
SECTION 48-23-260. Sharing state forest land revenues with counties; exclusion of proceeds of land rentals.
Status: in_force

The State Treasurer must pay to a county containing state forest lands an amount equal to twenty-five percent of the gross proceeds received by the State in each fiscal year from the sale of timber, pulpwood, poles, gravel, and other privileges on state forest lands within the county, except for the gross proceeds from land rentals. The provisions of this section are applicable to all state forest lands managed or operated by the State Commission of Forestry, whether they be owned in fee by the State or leased from the United States, but do not apply to state parks. The funds herein provided for must be spent for general school purposes. Where a particular state forest lies in more than one county or school district, the funds derived from the state forest and to be paid by the State Treasurer must be apportioned on the basis of land acreage involved. All funds distributed under the provisions of this section must be spent upon the approval of a majority of the county legislative delegation. Effect of Amendment 2019 Act No. 59, SECTION 1, rewrote the section, excluding the gross proceeds from land rentals from the proceeds to be shared with the counties.
S.C. Code Ann. § 48-9-830 — SC Code / Title 48 / Chapter 9 / Article 7 / Section 48-9-830
SECTION 48-9-830. Hearing on petition for subdivision of district.
Status: in_force

Within thirty days after such a petition has been filed with the department, it shall cause due notice to be given of a proposed hearing upon the question of the proposed subdivision. All occupiers of land lying within the proposed district and all other interested parties shall have the right to attend such hearing and to be heard.
S.C. Code Ann. § 48-11-170 — SC Code / Title 48 / Chapter 11 / Section 48-11-170
SECTION 48-11-170. Annexation of lands to district.
Status: in_force

(A) One or more owners of land may petition the board of commissioners of the soil and water conservation district to have their lands added to a watershed conservation district. The petition must include a map of the boundaries of the land desired to be annexed, the number of acres of land involved, and other information pertinent to the proposal. When the boundary described embraces lands of others than the petitioners, the petition must state that fact and must be signed by a majority of the landowners within the territory described in the petition. If the land area does not meet the requirement of Section 48-11-30, the board of commissioners of the soil and water conservation district shall deny the petition. (B) If the land described in the petition meets the requirement of Section 48-11-30, within sixty days after the petition is filed, the commissioners shall cause due notice to be given of and hold a hearing on the petition. Interested parties may attend the hearing and be heard. After the hearing the commissioners shall determine whether the lands described in the petition or portion of them must be included in the watershed conservation district. If the commissioners determine that the land must be added, they shall certify this fact to the county auditors of the counties involved for recording.
S.C. Code Ann. § 48-44-30 — SC Code / Title 48 / Chapter 44 / Section 48-44-30
SECTION 48-44-30. Liability of persons responding to oil spill.
Status: in_force

(A) Notwithstanding other provisions of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response. (B) Subsection (A) does not apply: (1) to a responsible party; (2) with respect to personal injury or wrongful death; or (3) if the person is grossly negligent or engages in wanton or wilful misconduct. (C) A responsible party is liable for removal costs and damages that another person is relieved of under subsection (A). (D) Nothing in this section affects the liability of a responsible party for oil spill response under state law.
S.C. Code Ann. § 48-52-10 — SC Code / Title 48 / Chapter 52 / Article 1 / Section 48-52-10
SECTION 48-52-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Energy Efficiency Act".
S.C. Code Ann. § 48-9-1040 — SC Code / Title 48 / Chapter 9 / Article 9 / Section 48-9-1040
SECTION 48-9-1040. Termination of affairs and dissolution of district.
Status: in_force

Upon receipt from the department of a certification that the department has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this article, the commissioners shall forthwith proceed to terminate the affairs of the district. The commissioners shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be converted into the State Treasury. The commissioners shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district and shall transmit with such application the certificate of the department setting forth the determination of the department that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the commissioners a certificate of dissolution and shall record such certificate in an appropriate book of record in his office.
S.C. Code Ann. § 48-59-60 — SC Code / Title 48 / Chapter 59 / Section 48-59-60
SECTION 48-59-60. South Carolina Conservation Bank Trust Fund.
Status: in_force

To receive and hold revenues of the bank, there is created in the State Treasury separate and distinct from all other funds the South Carolina Conservation Bank Trust Fund. Earnings on the trust fund are retained in the trust fund and unexpended trust fund revenues at the end of a fiscal year are carried forward in the trust fund. The trust fund may receive revenues from any source the General Assembly may provide by law and from governmental grants and private gifts and bequests. Trust fund revenues may be used only as provided in this chapter.
S.C. Code Ann. § 48-43-530 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-530
SECTION 48-43-530. General powers and duties of department.
Status: in_force

(1) The powers and duties conferred by this article shall be exercised by the Department and shall be deemed to be an essential governmental function in the exercise of the police power of the State. The Department may call upon any other state agency for consultative services and technical advice and the agencies are directed to cooperate with the Department. (2) Registration certificates required under this article shall be issued by the Department subject to such terms and conditions as are set forth in this article and as set forth in rules and regulations promulgated by the Department as authorized herein. (3) Whenever it becomes necessary for the State to protect the public interests under this article it shall be the duty of the Department to keep an accurate record of costs and expenses incurred and thereafter diligently to pursue the recovery of any sums so incurred from the person responsible or from the Government of the United States under any applicable federal act. (4) The Department may bring an action on behalf of the State to enforce the liabilities imposed by this article. The Attorney General shall represent the Department in any such proceeding.
S.C. Code Ann. § 48-39-85 — SC Code / Title 48 / Chapter 39 / Section 48-39-85
SECTION 48-39-85. "Adopt-a-Beach" program.
Status: in_force

(A) In order to promote safe and clean litter-free beaches, the department shall develop a program to be known as "Adopt-A-Beach", whereby an industry or a private civic organization may adopt one mile, or other feasible distance, of South Carolina beach for the sole purpose of controlling litter along that section of beach. (B) Included in the responsibilities of any industry or private civic organization which chooses to participate in the program shall be the following: (1) development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of beach; (2) a general cleanup of the area at least twice a year; and (3) assistance to the department in securing media coverage for the program.
S.C. Code Ann. § 48-5-160 — SC Code / Title 48 / Chapter 5 / Section 48-5-160
SECTION 48-5-160. Annual report by the authority.
Status: in_force

The authority shall submit, following the close of each fiscal year, an annual report of its activities for the preceding year to the Governor and to the Members of the General Assembly. The authority in cooperation with the department also shall submit to the agency an annual report in accordance with requirements of the Clean Water Act and a biennial report in accordance with requirements of the Safe Drinking Water Act.
S.C. Code Ann. § 48-5-130 — SC Code / Title 48 / Chapter 5 / Section 48-5-130
SECTION 48-5-130. Subsequent amendments not to affect prior agreements or vested rights.
Status: in_force

Subsequent amendments to this chapter may not limit the rights vested in the authority with respect to agreements made with, or remedies available to, the holders of bonds issued under this chapter before the enactment of the amendments until the bonds, with all premiums and interest on them, and all costs and expenses in connection with the proceeding by or on behalf of the holders, are fully met and discharged.
S.C. Code Ann. § 48-5-150 — SC Code / Title 48 / Chapter 5 / Section 48-5-150
SECTION 48-5-150. Bonds as legal investments; bonds as securities.
Status: in_force

The bonds issued by the authority are legal investments in which all public officers or public bodies of the State, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of this State, may invest funds in their control or belonging to them. The bonds of the authority are also securities which may be deposited with and received by all public officers and bodies of this State or an agency or political subdivision of this State and all municipalities and public corporations for a purpose for which the deposit of bonds or other obligations of this State is now or may later be required by law.
S.C. Code Ann. § 48-20-80 — SC Code / Title 48 / Chapter 20 / Section 48-20-80
SECTION 48-20-80. Modifications of operating permit.
Status: in_force

An operator engaged in mining under an operating permit may apply for modification of the permit. The application must be in writing upon forms furnished by the department and must state fully the called-for information. The applicant may be required to furnish other information as may be necessary to the department to enforce this chapter adequately. It is not necessary to resubmit information which has not changed since the time of a prior application if the applicant states in writing that the information has not changed. A modification under this section may affect the land area covered by the operating permit, the approved reclamation plan coupled with the operating permit, or other terms and conditions of the permit. An operating permit may be modified to include land neighboring the affected or permitted land but not other lands. The reclamation plan may be modified if the department determines that the modified plan fully meets the standards set forth in Section 48-20-90 and that the modifications are generally consistent with the basis for issuance of the original operating permit. Other terms and conditions may be modified only if the department determines that the permit as modified meets the requirements of Sections 48-20-60 and 48-20-70. In lieu of a modification, an operator may apply for a new permit in the manner prescribed by Sections 48-20-60 and 48-20-70. No modification of a permit becomes effective until required changes have been made in the performance bond or other security posted under the provisions of Section 48-20-110 to assure the performance of obligations assumed by the operator under the permit and reclamation plan.
S.C. Code Ann. § 48-23-145 — SC Code / Title 48 / Chapter 23 / Section 48-23-145
SECTION 48-23-145. Compensation supplements paid to personnel of State Commission of Forestry.
Status: in_force

Compensation supplements paid commission personnel by counties or other political subdivisions, or both, must not be extended to additional employees nor increased.
S.C. Code Ann. § 48-23-295 — SC Code / Title 48 / Chapter 23 / Section 48-23-295
SECTION 48-23-295. Forestry services to landowners; fees; disposition; forestry services to local governments and state agencies; reimbursement.
Status: in_force

(A) The State Commission of Forestry may make available forestry services consisting of scientific, technical, and practical services to landowners of the State to assist them in the afforestation, reforestation, and maximum production of their woodland. These services consist of specialized equipment and operators or rental of the equipment to perform labor and services necessary to carry out approved forestry practices including mechanical and chemical site preparation, processing forest tree seed, forest tree planting, insect and disease control, prescribed burning, firebreak plowing, and other appropriate practices to assist landowners in maximum production of their woodland. (B) For the services or rentals a reasonable fee representing the commission's estimate of not less than the cost of the services or rentals must be charged. When the State Forester considers it in the public interest the services may be provided without charge to encourage the use of approved scientific forestry practices on private or other forestlands within the State or for the purposes of providing practical demonstrations of the practices. (C) One hundred percent of the receipts from these activities and rentals must be retained by the commission for administration and operation of the forestry services program in the units which the estimated costs determine the fees charged generating these receipts, provided, the receipts from processing forest tree seed may be used agencywide. The administration of this section is under the State Forester. The landowner shall compensate the commission according to rates established by it. The commission may carry forward unexpended funds under this subsection to be used for these purposes. (D) The commission may cooperate and offer the same services to counties, municipalities, and state agencies and make the forestry services and rental equipment available to them. Counties, municipalities, and state agencies shall reimburse the commission according to its fee schedule.
S.C. Code Ann. § 48-3-130 — SC Code / Title 48 / Chapter 3 / Section 48-3-130
SECTION 48-3-130. Exemption from taxation of pollution control facilities.
Status: in_force

The issuance of bonds pursuant to this chapter is not intended to provide the pollution control facilities financed thereby with any exemption from taxation and whether or not pollution control facilities financed pursuant to this chapter are exempt from taxation shall be determined in accordance with the provisions of the applicable general laws providing for tax exemption and without regard to the fact that the pollution control facilities have been financed through the issuance of bonds pursuant to this chapter.
S.C. Code Ann. § 48-11-50 — SC Code / Title 48 / Chapter 11 / Section 48-11-50
SECTION 48-11-50. Petition and procedure where proposed district is situated in more than one soil and water conservation district.
Status: in_force

If the proposed watershed conservation district is situated in more than one soil and water conservation district, a copy of the petition must be presented to the board of commissioners of each soil and water conservation district in which part of the proposed watershed conservation district is situated. The commissioners of all the soil and water conservation districts shall act as a joint board of commissioners with respect to all matters concerning the watershed conservation district, including its creation. The watershed conservation district must be organized in like manner and have the same powers and duties as a watershed conservation district situated entirely in one soil and water conservation district.
S.C. Code Ann. § 48-39-355 — SC Code / Title 48 / Chapter 39 / Section 48-39-355
SECTION 48-39-355. Documentation of authorized activity.
Status: in_force

A permit is not required for an activity specifically authorized in this chapter. However, the department may require documentation before the activity begins from a person wishing to undertake an authorized construction or reconstruction activity. The documentation must provide that the construction or reconstruction is in compliance with the terms of the exemptions or exceptions provided in Sections 48-39-280 through 48-39-360.
S.C. Code Ann. § 48-27-240 — SC Code / Title 48 / Chapter 27 / Section 48-27-240
SECTION 48-27-240. Receipts and expenditures by board.
Status: in_force

The secretary of the Board shall receive and account for all moneys derived under the provisions of this chapter and shall pay them to the State Treasurer, who shall keep such moneys in a separate fund to be known as the fund of the State Board of Registration for Foresters. Such fund shall be kept separate and apart from all other moneys in the State Treasury and shall be paid out only by warrants regularly drawn by the chairman and secretary of the Board. All moneys in the fund of the State Board of Registration for Foresters are hereby specifically appropriated for the use of the Board. Under no circumstances shall the total amount of warrants issued by the Comptroller General in payment of the expenses and compensation provided for in this chapter exceed the amount of the examination, registration, and renewal fees collected as provided in this chapter.
S.C. Code Ann. § 48-36-10 — SC Code / Title 48 / Chapter 36 / Section 48-36-10
SECTION 48-36-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Forest Best Management Practices Act".
S.C. Code Ann. § 48-2-70 — SC Code / Title 48 / Chapter 2 / Article 1 / Section 48-2-70
SECTION 48-2-70. Processing of permit applications; maximum time for review.
Status: in_force

Under each program for which a permit processing fee is established pursuant to this article, the promulgating authority also shall establish by regulation a schedule for timely action by the Department of Health and Environmental Control on permit applications under that program. These schedules shall contain criteria for determining in a timely manner when an application is complete and the maximum length of time necessary and appropriate for a thorough and prompt review of each category of permit applications and shall take into account the nature and complexity of permit application review required by the act under which the permit is sought. If the department fails to grant or deny the permit within the time frame established by regulation, the department shall refund the permit processing fee to the permit applicant.
S.C. Code Ann. § 48-49-30 — SC Code / Title 48 / Chapter 49 / Section 48-49-30
SECTION 48-49-30. Definitions.
Status: in_force

The following words unless the context clearly indicates otherwise have the following meanings: (1) "Person" has that meaning as found in SECTION 2-7-30 of the 1976 Code but also includes the State of South Carolina and its political subdivisions. A person doing business in or maintaining an office within a county or municipality is deemed to be a resident thereof for purposes of this chapter. (2) "Tall building or structure" means any building or structure or portion of any building or structure, any part of which has, or would have upon construction, a height of more than forty-two feet measured from the highest elevation of the natural surface of the land on or over which the building or structure is constructed. This definition also includes any building or structure, regardless of where it is located, if any part of it extends more than forty-two feet above the lowest point of the protected mountain ridge located closest to the building or structure. "Tall buildings or structures" do not include: (a) Water, radio, telephone or television towers, or any equipment for the transmission of electricity or communications or both. (b) Structures of a relatively slender nature and minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills. (c) Buildings and structures on the National Register of Historic Places. (3) "Construction" means and includes reconstruction, alteration, or expansion. (4) "Ridge" means the elongated crest or series of crests at the apex or uppermost point of intersection between two opposite slopes or sides of a mountain and includes all land within one hundred feet below the elevation of any portion of such line or surface along the crest. (5) "Protected mountain ridges" means all ridges whose elevation is two thousand five hundred feet above sea level or more. (6) "Crest" means the uppermost line of a mountain or chain of mountains from which the land falls away on at least two sides to a lower elevation or elevations.
S.C. Code Ann. § 48-56-30 — SC Code / Title 48 / Chapter 56 / Section 48-56-30
SECTION 48-56-30. Administration of pilot program; cooperative agreements.
Status: in_force

The department is authorized to administer a pilot program under which it may enter into not more than ten cooperative agreements with eligible participants to implement and evaluate the use of innovative environmental approaches. The cooperative agreement shall: (1) identify the facility, the activities, and the pollutants that are covered by the cooperative agreement; (2) specify any approvals and provisions of approvals that are replaced by the cooperative agreement; (3) commit the participant to implement an environmental management system at the covered facility and commit the participant to document performance under the environmental management system; (4) commit the participant to demonstrated superior environmental performance that exceeds requirements of South Carolina environmental law, to achieve measurable or noticeable improvements in its environmental operations, to reduce natural resource or energy consumption, and to reduce waste generation; (5) specify waste reduction goals in measurable and verifiable terms; (6) identify changes in raw materials, approaches of production, distribution or uses of products or in the reuse, recycling, or disposal of materials that the participant will implement to achieve process efficiencies, to reduce the pollution of the air, water, and land and to reduce the use of energy or natural resources or indoor chemical exposure; (7) contain pollution limits that are measurable, verifiable, enforceable, and at least as stringent as the pollution limits under South Carolina environmental law; (8) describe the innovative environmental approaches and any variances granted to the participant; (9) list the requirements that would be included in any approvals that are replaced by the cooperative agreement; (10) require the participant to submit a performance evaluation within 180 days of the date that the cooperative agreement is effective and to periodically update the performance evaluation as specified in the cooperative agreement; (11) require the participant to report any violations discovered during a performance evaluation as required in Section 48-56-130; (12) ensure that members of the interested persons group, established as required under Section 44-56-60, have the opportunity to review and comment on the participant's draft cooperative agreement and the participant's performance under the cooperative agreement; (13) require the participant to provide information to the interested persons group and to the public about the participant's environmental performance and the results of the project, including environmental, social, and economic impacts and to meet with the interested persons group at least once every 6 months to discuss the implementation of the participant's cooperative agreement and to receive comments on the progress of the project; (14) require the participant to assess the success of the project in reducing the time and money spent by the participant on paperwork and other administrative activities that do not directly benefit the environment; (15) specify that the term of the agreement is up to 5 years with the possibility of one renewal for up to 5 years.
S.C. Code Ann. § 48-40-40 — SC Code / Title 48 / Chapter 40 / Section 48-40-40
SECTION 48-40-40. Trust fund appropriation; carry-over and interest; administration.
Status: in_force

(A) The trust fund must be funded by annual appropriations from general tax revenues. The appropriated monies must be credited to the trust fund account and maintained separately from the general fund and other funds. The monies credited to the account may be retained and carried forward, along with all interest earned. (B) The trust fund must be administered by the Office of Ocean and Coastal Resource Management of the Department of Health and Environmental Control pursuant to this chapter and its regulations governing application, review, ranking, and approval procedures for grants.
S.C. Code Ann. § 48-23-97 — SC Code / Title 48 / Chapter 23 / Section 48-23-97
SECTION 48-23-97. Wood load tickets required for certain ticket sales; exceptions; penalties.
Status: in_force

(A) Except as provided in this section, whenever a timber buyer or timber operator purchases trees, timber, or wood by the load directly from a timber grower and the load is sold by weight, cord, or measure of board feet, the timber buyer or timber operator must furnish the timber grower or seller within thirty days of the completion of the timber harvest a separate, true, and accurate wood load ticket for each and every load of wood removed from the seller's property. At a minimum, each wood load ticket must include in writing that is clearly legible the following: (1) the ticket number; (2) the name and address of the person, and the location of the facility receiving, weighing, scaling, or measuring the trees, timber, or wood; (3) the date the trees, timber, or wood was received at the facility; (4) the tract name or landowner; (5) county and state of origin; (6) the dealer's name if any; (7) the producer or logging company name; (8) the species of wood; (9) the type of product; (10) the weight or scale information: (a) if the load is measured by weight, the gross, tare, and net weights must be shown; or (b) if the load is measured by scale, the total volume must be shown; and (11) the weight, scale, or amount of wood deducted and the deduction classification. (B) The provisions of this section do not apply to: (1) the sale of wood for firewood only; (2) a landowner harvesting and processing his own timber; and (3) bulk or lump-sum sales for an agreed total price for all timber purchased and sold in one transaction. (C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not more than thirty days, or both.
S.C. Code Ann. § 48-9-540 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-540
SECTION 48-9-540. Hearing on petition.
Status: in_force

Within thirty days after such a petition has been filed with the department it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this chapter and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition and of the lands within the limits of the territory considered for addition to such described territory and all other interested parties shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further shall be given throughout the entire area considered for inclusion in the district and such further hearing held.
S.C. Code Ann. § 48-56-100 — SC Code / Title 48 / Chapter 56 / Section 48-56-100
SECTION 48-56-100. Force and effect of cooperative agreements.
Status: in_force

(A) A cooperative agreement has the same force and effect as any approvals identified as being replaced by the cooperative agreement. A provision of an approval that is identified under Section 48-56-20 as being replaced by the cooperative agreement is superseded by the cooperative agreement from the effective date of the initial or renewed agreement until it is amended, revoked, or expired. (B) Notwithstanding any other provision of this chapter, no agreement entered into by the department may allow a participant to cause an unauthorized release or discharge in violation of South Carolina environmental laws.
S.C. Code Ann. § 48-20-270 — SC Code / Title 48 / Chapter 20 / Section 48-20-270
SECTION 48-20-270. Chapter not to impose liability on State for damages.
Status: in_force

Nothing contained in this chapter and no action or failure to act under this chapter may be construed to impose liability on the State, department, district, or an agency, officer, or employee of the State for the recovery of damages caused by the action or failure to act.
S.C. Code Ann. § 48-9-590 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-590
SECTION 48-9-590. Conduct of hearings and referenda; expenses.
Status: in_force

The department shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda and providing for the registration prior to the date of the referendum of all eligible voters or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in Section 48-9-540 and such referendum shall have been fairly conducted.
S.C. Code Ann. § 48-6-60 — SC Code / Title 48 / Chapter 6 / Section 48-6-60
SECTION 48-6-60. Department may promulgate and enforce rules and regulations.
Status: in_force

(A) The Department of Environmental Services may make, adopt, promulgate, and enforce reasonable rules and regulations from time to time requiring and providing for: (1) the classification of waters; (2) the control of disease-bearing insects, including the impounding of waters; (3) the control of industrial plants, including the protection of workers from fumes, gases, and dust, whether obnoxious or toxic; (4) the use of water in air humidifiers; (5) the regulation of the methods of disposition of garbage or sewage and any like refuse matter in or near any village, town, or city of the State, incorporated or unincorporated, and to abate obnoxious and offensive odors caused or produced by septic tank toilets by prosecution, injunction, or otherwise; and (6) the alteration of safety glazing material standards and the defining of additional structural locations as hazardous areas, and for notice and hearing procedures by which to effect these changes. (B) The department may make separate orders and rules to meet any emergency not provided for by general rules and regulations, for the purpose of suppressing nuisances dangerous to the environment.
S.C. Code Ann. § 48-11-160 — SC Code / Title 48 / Chapter 11 / Section 48-11-160
SECTION 48-11-160. Transfer of tax funds collected to district; expenditures.
Status: in_force

Tax funds collected must be transferred to and held by the treasurer of the watershed conservation district for the purposes of the district. Expenditures of the funds must be made by the board of directors of the watershed conservation district.
S.C. Code Ann. § 48-29-30 — SC Code / Title 48 / Chapter 29 / Section 48-29-30
SECTION 48-29-30. Duties of State Commission of Forestry as to forest pest outbreaks.
Status: in_force

Whenever a forest pest outbreak is suspected, the State Commission of Forestry shall make surveys and observations, consulting with the State Crop Pest Commission's technical personnel for assistance with evaluation of pest populations and survey data. If the State Commission of Forestry determines that a forest pest outbreak exists and control measures are deemed necessary, it shall: (a) Establish a control zone, and designate and clearly describe the boundaries. (b) Give notice to all affected forest landowners within the control zone of the existence of the control zone and the actions to be taken under this chapter. (c) Be responsible for surveys in conjunction with the determined action programs.
S.C. Code Ann. § 48-60-110 — SC Code / Title 48 / Chapter 60 / Section 48-60-110
SECTION 48-60-110. Audits and inspection by department.
Status: repealed

Section effective until December 31, 2029. The department may conduct audits and inspection of a computer or television manufacturer, retailer, or recoverer to determine compliance with this chapter's provisions, and may establish by regulation administrative fines for violations of this chapter. Editor's Note 2010 Act No. 178, SECTION 3, provides: "This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act." 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2022 Act No. 234, SECTION 1.A, reenacted the section with no apparent change.
S.C. Code Ann. § 48-11-60 — SC Code / Title 48 / Chapter 11 / Section 48-11-60
SECTION 48-11-60. Hearing and determination of commissioners of soil and water conservation district on petition.
Status: in_force

(A) Within thirty days after the petition has been filed with the board of commissioners of the soil and water conservation district, the board shall cause due notice to be given of a public hearing on the desirability and necessity in the interest of the public health, safety, and welfare of the creation of the watershed conservation district and the administrative practicability and feasibility of the operation of the watershed conservation district. All interested parties may attend the hearing and be heard. If it appears at the hearing that other lands must be included in the petition or that land included in the petition must be excluded, the board of commissioners may permit the inclusion or exclusion if the land area involved still meets the requirements of Section 48-11-30. (B) If it appears upon the hearing that it may be desirable to include within the proposed watershed conservation district territory outside of the area within which due notice of the hearing has been given, the hearing must be adjourned and, within thirty days, due notice of a further hearing must be given throughout the entire area considered for inclusion in the proposed watershed conservation district, and the further hearing must be held. Within sixty days after final hearing the board of commissioners shall determine whether the proposed watershed conservation district is needed. If the commissioners determine, upon the facts presented at the hearing and upon other available information, that there is need in the interest of the public health, safety, and welfare for a watershed conservation district to function in the territory considered at the hearing and that the operation of the watershed conservation district is administratively practicable and feasible, they shall record in their minutes the determination and shall submit the determination in writing to the clerks of court of the applicable counties. The determination shall define the boundaries of the proposed watershed conservation district. (C) If the board of commissioners determine after the hearing that there is no need for a watershed conservation district to function in the territory considered at the hearing, or that the operation of the watershed conservation district is not administratively practicable or feasible, the board shall record in its minutes the determination and shall deny the petition. A new petition must not be filed until two years after the date of determination of denial of the previous petition.
S.C. Code Ann. § 48-27-90 — SC Code / Title 48 / Chapter 27 / Section 48-27-90
SECTION 48-27-90. Board seal.
Status: in_force

The Board shall adopt and have an official seal.
S.C. Code Ann. § 48-49-60 — SC Code / Title 48 / Chapter 49 / Section 48-49-60
SECTION 48-49-60. Violations; penalties; civil remedies.
Status: in_force

(a) A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than three years, or both. In addition, any county or municipality is authorized to seek injunctive relief enjoining violations of this chapter. (b) Any person injured by a violation of this chapter or any person who resides in the county in which the violation occurred may bring a civil action against the person alleged to be in violation. The action may seek: (1) Injunctive relief; or (2) An order enforcing the provision violated; or (3) Damages caused by the violation; or (4) Both damages and injunctive relief; or (5) Both damages and an enforcement order; or (6) Both an enforcement order and injunctive relief. If actual damages as found by the court or jury in suits brought under this subsection are five hundred dollars or less, the plaintiff must be awarded not less than five hundred dollars; if the amount of actual damages as found by the court or jury is greater than five hundred dollars, the plaintiff shall receive damages in the amount so found. Injunctive relief or an enforcement order under this subsection must be based upon a threatened injury, an actual injury, or both. Civil actions under this subsection must be brought in the circuit court of the county in which the alleged violation occurred. The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorney and expert-witness fees, to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court. Nothing in this section shall restrict any right which any person or class of persons may have under the common law or under any statute to seek injunctive or other relief.
S.C. Code Ann. § 48-6-10 — SC Code / Title 48 / Chapter 6 / Section 48-6-10
SECTION 48-6-10. Department of Environmental Services created.
Status: in_force

(A) There is created the Department of Environmental Services which shall be headed by a director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor as provided for in Section 1-3-240. (B) As the governing authority of the department, the director is vested with all authorities and duties as provided for in Section 1-30-10. (C) The Department of Environmental Services is comprised of: (1) the Division of Air Quality; (2) the Division of Land and Waste Management; (3) the Division of Water; (4) the Division of Regional and Laboratory Services, which includes the Office of Emergency Response and the Office of Onsite Wastewater and Enforcement; and (5) the Division of Coastal Management. (D) The Director of the Department of Environmental Services may realign the bureaus, divisions, offices, and programs to gain additional efficiencies or to better align resources with changes in environmental statutes or regulation.
S.C. Code Ann. § 48-3-20 — SC Code / Title 48 / Chapter 3 / Section 48-3-20
SECTION 48-3-20. Powers of counties and incorporated municipalities generally.
Status: in_force

Subject to obtaining approvals from the State Fiscal Accountability Authority and the Department required by SECTIONS 48-3-140 and 48-3-60, the several counties and incorporated municipalities of the State functioning through their respective governing boards shall be empowered: (1) to enter into agreements with any industry to construct and thereafter operate, maintain and improve pollution control facilities; (2) to enter into loan agreement with such industry prescribing the terms and conditions of the payments to be made by the industry to the county or the incorporated municipality, or its assignee, to meet the payments that shall become due on bonds; (3) to issue bonds for the purpose of defraying the cost of acquiring by construction and purchase pollution control facilities or to issue bonds for any enlargement, improvement or expansion of any then existing pollution control facility and to secure the payment of such bonds as hereafter provided; and (4) to accept any State or Federal grant that might become applicable to defray any portion of the cost of any pollution control facility. 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. § 48-39-320 — SC Code / Title 48 / Chapter 39 / Section 48-39-320
SECTION 48-39-320. Comprehensive beach management plan; pilot projects to address beach and dune erosion.
Status: in_force

(A) The department's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following: (1) development of the data base for the state's coastal areas to provide essential information necessary to make informed and scientifically based decisions concerning the maintenance or enhancement of the beach/dune system; (2) development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of: (a) beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on flora and fauna, and funding alternatives; (b) development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State; (c) maintenance of a dry sand and ecologically stable beach; (d) protection of all sand dunes seaward of the setback line; (e) protection of endangered species, threatened species, and important habitats such as nesting grounds; (f) regulation of vehicular traffic upon the beaches and the beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses; (g) development of a mitigation policy for construction allowed seaward of the setback line, which must include public access ways, nourishment, vegetation, and other appropriate means; (3) formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan; (4) development of a program on public education and awareness of the importance of the beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism; (5) assistance to local governments in developing the local comprehensive beach management plans. (B) The plan provided for in this section is to be used for planning purposes only and must not be used by the department to exercise regulatory authority not otherwise granted in this chapter, unless the plan is created and adopted pursuant to Chapter 23 of Title 1. (C) Notwithstanding any other provision of law contained in this chapter, the board, or the Office of Ocean and Coastal Resource Management, may allow the use in a pilot project of any technology, methodology, or structure, whether or not referenced in this chapter, if it is reasonably anticipated that the use will be successful in addressing an erosional issue in a beach or dune area. If success is demonstrated, the board, or the Office of Ocean and Coastal Resource Management, may allow the continued use of the technology, methodology, or structure used in the pilot project location and additional locations. Effect of Amendment 2014 Act No. 219, SECTION 1, added subsection (C), relating to pilot projects to address beach and dune erosion.
S.C. Code Ann. § 48-9-570 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-570
SECTION 48-9-570. Boundaries to not include portions of other districts.
Status: in_force

The boundaries of any such district shall include the territory as determined by the department as provided in Section 48-9-560, but in no event shall they include any area included within the boundaries of another soil and water conservation district organized under the provisions of this chapter.
S.C. Code Ann. § 48-37-10 — SC Code / Title 48 / Chapter 37 / Section 48-37-10
SECTION 48-37-10. Governor may execute compact; legislative approval given.
Status: in_force

The Governor on behalf of this State may execute a compact, in substantially the form set out in SECTION 48-37-20, with any one or more of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, Virginia and West Virginia, and the legislature hereby signifies in advance its approval and ratification of such compact.
S.C. Code Ann. § 48-9-810 — SC Code / Title 48 / Chapter 9 / Article 7 / Section 48-9-810
SECTION 48-9-810. Petition for enlarging existing district.
Status: in_force

Petitions for including additional territory within an existing district may be filed with the department and the proceedings provided for in Article 5 of this chapter in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The department shall prescribe the form for such petition, which shall be as nearly as may be in the form prescribed in Article 5 of this chapter for petitions to organize a district. When the total number of landowners in the area proposed for inclusion shall be less than twenty-five, the petition may be filed when signed by a majority of the landowners of such area and in such case no referendum need be held. In referenda upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote.
S.C. Code Ann. § 48-14-110 — SC Code / Title 48 / Chapter 14 / Section 48-14-110
SECTION 48-14-110. Educational programs.
Status: in_force

The department, in conjunction with local governments and districts and other appropriate state and federal agencies, shall conduct educational programs in stormwater management and sediment control for state and local government officials, persons engaged in land disturbing activities, interested citizen groups, and others.
S.C. Code Ann. § 48-20-30 — SC Code / Title 48 / Chapter 20 / Section 48-20-30
SECTION 48-20-30. Department responsible for administration of chapter.
Status: in_force

The South Carolina Department of Health and Environmental Control is responsible for administering the provisions and requirements of this chapter. This includes the process and issuance of mining permits, review and approval of reclamation plans, collection of reclamation performance bonds, conduct of environmental appraisals, technical assistance to mine operators and the public, implementation of research and demonstration projects, and inspections of all mining operations and reclamation as set forth in this chapter. Proper execution of these responsibilities may necessitate that the department seek comment from other relevant state agencies regarding matters within their respective areas of statutory responsibility or primary interests. The department has ultimate authority, subject to the appeal provisions of this chapter, over all mining, as defined in this chapter, and the provisions of this chapter regulating and controlling such activity.
S.C. Code Ann. § 48-33-80 — SC Code / Title 48 / Chapter 33 / Section 48-33-80
SECTION 48-33-80. Access to property.
Status: in_force

The State Commission of Forestry, any of its authorized agents and any member of a county forestry board may, at any or all times, go upon any land for the purpose of preventing or controlling forest fires, as defined herein, without making themselves liable for trespassing.
S.C. Code Ann. § 48-14-85 — SC Code / Title 48 / Chapter 14 / Section 48-14-85
SECTION 48-14-85. Conduct of regulated activity by local government or special purpose or public service district; permit and approval by commission.
Status: in_force

After May 27, 1992, a local government or special purpose or public service district may not undertake any regulated activity unless the local government or special purpose or public service district has submitted a request for a general permit to the department and received its approval.
S.C. Code Ann. § 48-5-190 — SC Code / Title 48 / Chapter 5 / Section 48-5-190
SECTION 48-5-190. Severability.
Status: in_force

If any provision of the South Carolina Water Quality Revolving Fund Authority Act is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is, or is deemed to be, severable from the remaining provisions of the act and that the holding does not invalidate or render unenforceable any other provision of the act.
S.C. Code Ann. § 48-1-40 — SC Code / Title 48 / Chapter 1 / Section 48-1-40
SECTION 48-1-40. Adoption of standards for water and air.
Status: in_force

The Department, after public hearing as herein provided, shall adopt standards and determine what qualities and properties of water and air shall indicate a polluted condition and these standards shall be promulgated and made a part of the rules and regulations of the Department. The Department, in determining standards and designing the use of streams shall be guided by the provisions of this chapter.
S.C. Code Ann. § 48-4-20 — SC Code / Title 48 / Chapter 4 / Section 48-4-20
SECTION 48-4-20. Definitions.
Status: in_force

For the purposes of this chapter: (1) "Board" means the governing body of the department. (2) "Department" means the South Carolina Department of Natural Resources. (3) "Director" or "Executive Director" means the administrative head of the department, appointed by the board.
S.C. Code Ann. § 48-22-50 — SC Code / Title 48 / Chapter 22 / Section 48-22-50
SECTION 48-22-50. Maintenance of files by unit; confidentiality of certain information.
Status: in_force

The unit shall maintain all unpublished information in its files which must be open to the public, except in cases where the investigator still has work in progress on a project leading to a publication or where an industrial firm, interested in possibly locating in the State, asks temporary confidential status for oral and written geologic related information supplied by them or obtained on their properties. In the latter instance the information may be held in confidence by the unit for not more than one year from the date the information was obtained.
S.C. Code Ann. § 48-27-170 — SC Code / Title 48 / Chapter 27 / Section 48-27-170
SECTION 48-27-170. Only individuals to be licensed.
Status: in_force

Registration shall be determined upon a basis of individual personal qualifications. No firm, company, partnership, or corporation shall be licensed.
S.C. Code Ann. § 48-27-60 — SC Code / Title 48 / Chapter 27 / Section 48-27-60
SECTION 48-27-60. Meetings of board; officers.
Status: in_force

The Board shall hold at least two regular meetings each year. Special meetings shall be held at such time and place as the bylaws of the Board may provide. Notice of all meetings shall be given in such manner as the bylaws may provide. The Board shall elect or appoint annually the following officers: A chairman, a vice-chairman, and a secretary.
S.C. Code Ann. § 48-28-80 — SC Code / Title 48 / Chapter 28 / Section 48-28-80
SECTION 48-28-80. Landowners required to submit forest management plan and maintain land in forest condition.
Status: in_force

The eligible landowner shall be required to submit an approved forest management plan to the State Forester and during tenure shall be required to maintain eligible lands in a forest condition for a period of ten years or until commercial harvest or the landowner shall be required to remit the cost-sharing payment back to the forest renewal fund.
S.C. Code Ann. § 48-30-60 — SC Code / Title 48 / Chapter 30 / Section 48-30-60
SECTION 48-30-60. Assessment rates.
Status: in_force

A. The assessment rates shall be based on the following standards: 1. For primary forest products customarily measured in board feet, the 'Scribner Log Rule', as identified in the U. S. Dept. of Agriculture, Forest Service publication 'Tables for Measuring Board Foot Volume of Timber' or equivalent shall be used. 2. For primary forest products customarily measured in cords, the standard cord of 128 cubic feet or equivalent, as defined in SECTION 39-9-130 shall be used. 3. For any other type of forest product separated from the soil, the State Forester shall determine a fair unit assessment rate, based on the cubic foot volume of one thousand foot board measure, Scribner Log Rule as defined in item 1 above, or one standard cord, as defined in SECTION 39-9-130. B. The assessment levied on primary forest products shall be at the following rates: 1. Fifty cents per thousand board feet for softwood, sawtimber, veneer logs and bolts and all other softwood, including bald cypress, products normally measured in board feet. 2. Twenty-five cents per thousand board feet for hardwood and sawtimber, veneer and all other hardwood products normally measured in board feet. 3. Twenty cents per cord for softwood pulpwood and other softwood products normally measured in cords. 4. Seven cents per cord for hardwood pulpwood and other hardwood products normally measured in cords. 5. All material harvested within South Carolina for shipment outside the State for primary processing shall be assessed at yield rates equal to rates on material harvested and processed within the State.
S.C. Code Ann. § 48-20-260 — SC Code / Title 48 / Chapter 20 / Section 48-20-260
SECTION 48-20-260. Chapter not to restrict or impair private right of action.
Status: in_force

No provisions of this chapter may restrict or impair the right of a private or public person to bring a legal or equitable action for damages or redress against nuisances or hazards.
S.C. Code Ann. § 48-56-80 — SC Code / Title 48 / Chapter 56 / Section 48-56-80
SECTION 48-56-80. Amendment or revocation of cooperative agreements.
Status: in_force

(A) The department may amend a cooperative agreement with the consent of the participant or when there is a change in South Carolina environmental law. (B) The department may revoke a cooperative agreement at the request of the participant. (C) The department may, after an opportunity for a hearing, revoke a cooperative agreement if it finds that the participant: (1) is not in compliance with the cooperative agreement; (2) is not in compliance with an approval that is not replaced by the cooperative agreement or with a provision of South Carolina environmental law for which the cooperative agreement does not grant a variance; (3) has refused the department's request to amend the cooperative agreement; (4) is unable, or has shown an unwillingness, to comply with pollution reduction goals that apply to the participant under the cooperative agreement; (5) has entered into the cooperative agreement by misrepresenting or failing to fully disclose all relevant information or any information requested by the department. (D) If the department revokes a cooperative agreement, it shall include in a written revocation decision: (1) deadlines that provide the participant with a reasonable amount of time to obtain required approvals that were replaced by the cooperative agreement; (2) any interim requirements that are needed to ensure that the participant is in compliance with all South Carolina environmental law applicable to the participant until the department issues the final approvals; (3) any requirements of the cooperative agreement for which the department does not establish interim requirements remains in effect until the department issues the final approvals. (E) A final decision under subsection (C) is subject to review under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.
S.C. Code Ann. § 48-52-460 — SC Code / Title 48 / Chapter 52 / Article 4 / Section 48-52-460
SECTION 48-52-460. Effect of government restructuring on placement of State Energy Office.
Status: in_force

The establishment of the State Energy Office within the Office of Regulatory Staff, as provided for in this part, must be evaluated if restructuring or reorganizing of state government takes place so as to identify and provide for the proper placement of the office upon restructuring or reorganizing. Effect of Amendment 2014 Act No. 121, SECTION 13, substituted "Office of Regulatory Staff" for "State Budget and Control Board".
S.C. Code Ann. § 48-6-40 — SC Code / Title 48 / Chapter 6 / Section 48-6-40
SECTION 48-6-40. Decisions based on compliance with applicable department regulations.
Status: in_force

(A) In making a decision on a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, pursuant to Section 48-6-30(C), the department shall base its decision solely on whether the permit complies with the applicable department regulations governing the permitting of poultry and other animal facilities, other than swine facilities. (B) For purposes of permitting, licensing, certification, or other approval of a poultry facility or another animal facility, other than a swine facility: (1) only an applicant, permittee, licensee, or affected person may request a contested case hearing pursuant to Section 48-6-30(D)(2); (2) only an applicant, permittee, licensee, or affected person may become a party to a contested case hearing; and (3) only an applicant, permittee, licensee, or affected person is entitled as of right to be admitted as a party pursuant to Section 1-23-310(5) of the Administrative Procedures Act. (C)(1) In determining whether to issue a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, the department only may take into consideration the existing development on and use of property owned or occupied by an affected person on the date the department receives the applicant's complete application package as prescribed by regulation. The department must not take into consideration any changes to the development or use of property after receipt of the application including, but not limited to, the construction of a residence. (2) If a property owner signs a setback waiver of the right to contest the issuance of a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, including waiver of the right to notice and a public hearing on a permit, license, certification, or other approval and to file a contested case or other action, then the affected person has seventy-two hours to provide in writing a withdrawal or rescission of the waiver. (D)(1) An applicant, permittee, licensee, or affected person who is aggrieved by a decision to issue or deny a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. (2) Notwithstanding any other provision of law, a decision to issue a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, may not be contested if the proposed building footprint is located eight hundred feet or more from the facility owner's property line or located one thousand feet or more from an adjacent property owner's residence. (E) For purposes of this section, "affected person" means a property owner with standing within a one mile radius of the proposed building footprint or permitted poultry facility or other animal facility, except a swine facility, who is challenging on his own behalf the permit, license, certificate, or other approval for the failure to comply with the specific grounds set forth in the applicable department regulations governing the permitting of poultry facilities and other animal facilities, other than swine facilities.
S.C. Code Ann. § 48-39-360 — SC Code / Title 48 / Chapter 39 / Section 48-39-360
SECTION 48-39-360. Application of chapter.
Status: in_force

The provisions of Sections 48-39-250 through 48-39-355 do not apply to an area which is at least one-half mile inland from the mouth of an inlet.
S.C. Code Ann. § 48-41-10 — SC Code / Title 48 / Chapter 41 / Section 48-41-10
SECTION 48-41-10. Adoption of Interstate Compact to Conserve Oil and Gas authorized.
Status: in_force

(A) The Governor of the State of South Carolina is hereby authorized and directed, for and in the name of the State, to join the organization of states known as the Interstate Oil Compact Commission, created and established with the consent of Congress by the Interstate Compact to Conserve Oil and Gas, which has been extended from time to time by Congress, as an associate member and in the event that South Carolina becomes an "oil-producing state" and is thereby permitted to become a member of the Interstate Oil Compact Commission and join with other states in the Interstate Compact to Conserve Oil and Gas. The Governor is hereby authorized and directed, for and in the name of the State, to become a member of the commission and join the compact which is now deposited with the Department of State of the United States. (B) The interstate compact to conserve oil and gas referred to above reads as follows: "AN INTERSTATE COMPACT TO CONSERVE OIL AND GAS
S.C. Code Ann. § 48-1-95 — SC Code / Title 48 / Chapter 1 / Section 48-1-95
SECTION 48-1-95. Wastewater utilities; procedures for significant spills.
Status: in_force

(A) As used in this section: (1) "Action plan" or "plan" means a schedule for implementing and completing repairs, upgrades, and improvements needed to minimize future repetitive significant spills of untreated or partially treated domestic sewage. (2) "Capacity, Management, Operation, and Maintenance or 'CMOM' plan" means a comprehensive, dynamic framework for wastewater utilities to identify and incorporate widely accepted wastewater industry practices to: (a) better manage, operate, and maintain collection systems; (b) investigate capacity constrained areas of the collection system; and (c) respond to sanitary sewer overflow events. (3) "Comprehensive review" or "review" means a complete technical assessment of the components and operation of a sewage system or its treatment works that are contributing to, or may be contributing to, repetitive significant spills of untreated or partially treated domestic sewage. (4) "Department" means the Department of Health and Environmental Control. (5) "Significant spill" means a net discharge from a wastewater utility of at least five thousand gallons of untreated or partially treated domestic sewage that could cause a serious adverse impact on the environment or public health. "Significant spill" does not include spills caused by a natural disaster, direct act of a third party, or other act of God. (6) "Wastewater utility" or "utility" means the operator or owner of a sewage collection system or its treatment works providing sewer service to the public. "Wastewater utility" does not include manufacturers, electric utilities, agricultural operations, and wastewater treatment systems located on property owned by the federal government. (B) Utilities must verbally notify the department of any significant spill within twenty-four hours and by written submission within five days. (C) Upon receiving notice of a significant spill from a wastewater utility, the department must determine whether the responsible wastewater utility has had more than two significant spills per one hundred miles of its sewage collection system, in the aggregate and excluding private service laterals, during the twelve-month period up to and including the date of the significant spill. (D)(1) If the wastewater utility has had more than two significant spills per one hundred miles of its aggregate collection system miles during a twelve-month period, the department shall issue an order directing the utility to complete a comprehensive review of the sewage system and treatment works facility identified pursuant to subsection (C), or if the wastewater utility has a Capacity, Management, Operations, and Maintenance plan in place directing the utility to update this plan, the order must include, but is not limited to: (a) the submission of the findings of the comprehensive review or CMOM update; and (b) the required implementation of any plans to minimize the recurrence of such significant spills. (2) The comprehensive review, pursuant to item (1), must be performed by a licensed South Carolina professional engineer. (3) Unless the department's order is being appealed, the comprehensive review or CMOM update must be initiated by the wastewater utility's owner within two months of receiving an order from the department or, in the case of an appeal, within two months from the date the order becomes final and nonappealable. (E) The department shall require that all wastewater utilities provide public notice of any significant spill of five thousand gallons or more within twenty-four hours of the discovery. Where the responsible wastewater utility does not provide this notice, in addition to any enforcement response, the department shall provide public notice of the significant spill. (F) Nothing in this section contravenes the department's ability to undertake enforcement action under the Pollution Control Act, Chapter 1, Title 48, or any other state or federal law.
S.C. Code Ann. § 48-9-290 — SC Code / Title 48 / Chapter 9 / Article 3 / Section 48-9-290
SECTION 48-9-290. General duties and powers.
Status: in_force

In addition to the duties and powers otherwise conferred upon the Department of Natural Resources, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the commissioners of soil and water conservation districts, organized as provided in this chapter, in the carrying out of any of their powers and programs; (2) To keep the commissioners of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other districts organized under this chapter and to facilitate an interchange of advice and experience between such districts and cooperation between them; (3) To coordinate the programs of the several soil and water conservation districts organized under this chapter so far as this may be done by advice and consultation; (4) To secure the cooperation and assistance of the United States and any of its agencies and of agencies and counties of this State, in the work of such districts; (5) To disseminate information throughout the State concerning the activities and programs of the soil and water conservation districts organized hereunder and to encourage the information of such districts in areas where their organization is desirable; (6) To receive gifts, appropriations, materials, equipment, lands and facilities and to manage, operate and disburse them for the benefit of the soil and water conservation districts; (7) To coordinate the development of comprehensive conservation plans for environmental improvement on all lands owned or controlled by the State; (8) To coordinate the development of a statewide landscape inventory and formulate guidelines for assisting local conservation districts, municipalities, counties, and other groups in implementing landscape and beautification programs; (9) To coordinate the development of a comprehensive plan for implementation of the standard soil survey information and to prepare guidelines for local conservation districts, counties, municipalities and other agencies of State and local government in the use of soil survey data for land use planning, development and conservation; (10) To coordinate the development of a statewide flood plain lands area inventory and to formulate guidelines for the conservation, protection and use of flood plain lands, excluding tidelands and marshlands; (11) To coordinate and assist local conservation districts, counties, and municipalities in developing policies and procedures for an adequate erosion and sediment control program; and engage in an educational informational program to acquaint municipalities, conservation districts, counties, and developers with sedimentation control management measures applicable to their activities, and familiarize these people with the program of the district; (12) To coordinate the development of a statewide irrigable land inventory and to formulate guidelines for the conservation, protection and use of such lands; (13) To coordinate the development of a statewide inventory of the availability of rural lands for recreational uses, and to formulate guidelines for the conservation, protection and use of such lands; and (14) To coordinate the development of conservation guidelines for incorporation into local and statewide land use plans.
S.C. Code Ann. § 48-23-210 — SC Code / Title 48 / Chapter 23 / Section 48-23-210
SECTION 48-23-210. Pledge of income for repayment of labor costs pertaining to reforestation.
Status: in_force

The Commission may pledge fifty per cent of the net income from lands acquired under SECTION 48-23-120 for the repayment of labor costs incurred under Federal laws pertaining to reforestation, should such be made a requisite by the Federal Government.
S.C. Code Ann. § 48-60-100 — SC Code / Title 48 / Chapter 60 / Section 48-60-100
SECTION 48-60-100. Department to provide information to the public.
Status: repealed

Section effective until December 31, 2029. The department shall provide information to the public on its Internet website regarding the provisions of the chapter and the prohibition on disposing of covered devices in a solid waste landfill. The department also shall provide information about electronic waste programs available in the State on the department's Internet website. The website must include information about collection options available, the definition of covered devices, the proper methods for disposal of covered devices, the proper methods for disposal of noncovered devices, and links to relevant portions of computer or television manufacturer's Internet websites. Editor's Note 2010 Act No. 178, SECTION 3, provides: "This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act." 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2014 Act No. 129, SECTION 8, deleted the subsection designators; in the last sentence, twice substituted "disposal of" for "disposing of"; and deleted former subsection (B), relating to fees. 2022 Act No. 234, SECTION 1.A, in the second sentence, substituted "electronic waste programs" for "recovery programs".
S.C. Code Ann. § 48-23-70 — SC Code / Title 48 / Chapter 23 / Section 48-23-70
SECTION 48-23-70. Unlawful acts; penalties.
Status: in_force

(A) It is unlawful for a person to: (1) remove a shrub, tree, or forest product or attempt to do so, from State Commission of Forestry land without the permission of the commission; (2) cut or mutilate a shrub or tree growing on State Commission of Forestry land without the permission of the commission; (3) mutilate or deface real or personal property belonging to or located upon State Commission of Forestry land; (4) destroy scenic values, by dumping rubbish or in any other way whatsoever, within the confines of State Commission of Forestry lands; or (5) consume or display an alcoholic beverage in public on lands of the State Commission of Forestry, except where specifically authorized by the commission. For purposes of this item, "alcoholic beverage" means "alcoholic beverage" as defined in Section 61-6-20, and beer, wine, and all other beverages defined as "nonalcoholic beverages" in Section 61-4-10. (B) A person who violates a provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, or both. (C) In addition to the penalties provided in subsection (B), a person who is convicted of violating a provision of items (1) through (4) of subsection (A) must make restitution to the State Commission of Forestry in an amount determined by the sentencing court to be necessary to clean up, repair, rebuild, and restore the abused real and personal property of the State Commission of Forestry to its condition before the abuse occurred. The sentencing court must also set the time limits within which the restitution must be paid and retains jurisdiction of the case for the purpose of enforcing the order for restitution until restitution is made. (D) A person who fails to pay the amount required within the time established for making restitution may be cited for contempt of court by the sentencing court and punished by a fine of not more than the amount originally required for restitution, or imprisonment for not more than six months, or both. (E) A person who is convicted of violating a provision of subsection (A) twice within a three-year period is barred from entering lands belonging to the State Commission of Forestry for a period of one year. A person who enters State Commission of Forestry lands while barred is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, or both, and his privilege to enter upon lands of the commission is automatically suspended for an additional year.
S.C. Code Ann. § 48-5-10 — SC Code / Title 48 / Chapter 5 / Section 48-5-10
SECTION 48-5-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Water Quality Revolving Fund Authority Act".
S.C. Code Ann. § 48-20-170 — SC Code / Title 48 / Chapter 20 / Section 48-20-170
SECTION 48-20-170. Bond or security forfeiture proceedings.
Status: in_force

Whenever the department determines the necessity of a bond forfeiture under the provisions of Section 48-20-130, or whenever it revokes an operating permit under the provisions of Section 48-20-160, it shall request the Attorney General to initiate forfeiture proceedings against the bond or other security filed by the operator or explorer under Section 48-20-110, but no such request may be made for forfeiture of a bond until the surety has been given written notice of the violation and a reasonable opportunity of at least sixty days to take corrective action. The proceedings must be brought in the name of the State of South Carolina. In the proceedings, the face amount of the bond or other security, less any amount released by the department pursuant to Section 48-20-130, must be treated as liquidated damages and subject to forfeiture. All funds collected as a result of the proceedings must be placed in a special fund and used by the department to carry out, to the extent possible, and in a cost-effective manner, the reclamation measures which the operator or explorer has failed to complete. Funds remaining after the reclamation plan has been completed must be refunded to the surety. If the amount of the bond or other security filed pursuant to this section proves to be insufficient to complete the required reclamation pursuant to the approved reclamation plan, the operator or explorer is liable to the department for any excess above the amount of the bond or other security which may be required to defray the cost of completing the required reclamation.
S.C. Code Ann. § 48-35-60 — SC Code / Title 48 / Chapter 35 / Section 48-35-60
SECTION 48-35-60. Penalties.
Status: in_force

Any person violating the provisions of this chapter may be deemed guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for not more than thirty days for a first offense. For any second or subsequent offense, a fine of not less than five hundred dollars or imprisonment for not more than sixty days, or both may be imposed in the discretion of the court. "Subsequent offense", as used in this section, shall mean an offense committed within ten years of a previous offense. Effect of Amendment 2017 Act No. 74, SECTION 2, amended the section, revising the penalties for violating the provisions of this chapter.
S.C. Code Ann. § 48-9-630 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-630
SECTION 48-9-630. Action by Secretary of State on application.
Status: in_force

The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil and water conservation district of this State or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil and water conservation district of this State or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the department, which shall thereupon submit to the Secretary of State a new name for the district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed and recorded, as provided in Section 48-9-620 and this section, the district shall constitute a governmental subdivision of this State and a public body corporate and politic exercising public powers. The Secretary of State shall make and issue to the commissioners a certificate, under the seal of the State, of the due organization of the district and shall record such certificate with the application and statement.
S.C. Code Ann. § 48-14-100 — SC Code / Title 48 / Chapter 14 / Section 48-14-100
SECTION 48-14-100. Protection of already disturbed areas; notice to comply.
Status: in_force

(A) All disturbed areas which exist on May 27, 1992 as a result of land disturbing activity and which result in off-site damage from sediment and stormwater runoff, must be provided with ground cover or other protective measures, structures, or devices sufficient to control offsite sediment and nonpoint source pollution. (B) The implementing agency shall serve a notice to comply upon the landowner or other person in possession or control of the land by depositing in the mail a certified letter. The notice must state the measures needed and the time allowed for compliance. The implementing agency shall consider the economic feasibility, technological expertise, and quality of work required, and shall establish reasonable time limits.
S.C. Code Ann. § 48-43-100 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-100
SECTION 48-43-100. Approval of rules and regulations by General Assembly.
Status: in_force

All rules and regulations adopted by the Department of Health and Environmental Control, as provided for in this chapter, must be approved by the General Assembly before they shall be effective; provided, however, no regulation approved by the General Assembly shall conflict, at the time of approval, with any requirement or be in excess of any statute, rule or regulation of the Federal Government or any department or agency thereof.
S.C. Code Ann. § 48-25-50 — SC Code / Title 48 / Chapter 25 / Section 48-25-50
SECTION 48-25-50. Duty of law enforcement officers to enforce forestry laws.
Status: in_force

It shall be the positive duty of all sheriffs, deputy sheriffs, constables, rural policemen, and special officers to actively cooperate with the South Carolina Commission of Forestry and the State Forester in the enforcement of the forestry laws of the State.
S.C. Code Ann. § 48-15-40 — SC Code / Title 48 / Chapter 15 / Section 48-15-40
SECTION 48-15-40. Funds to come from member counties and other political subdivisions; costs include attorney fees and other incidental expenses.
Status: in_force

All funds used by the authority to acquire lands and rights in land may be provided by the county governments comprising the authority or other political subdivisions, including the United States Government. The costs of acquiring rights-of-way or other interests in land shall include attorney's fees and all other expenses incidental thereto.
S.C. Code Ann. § 48-23-140 — SC Code / Title 48 / Chapter 23 / Section 48-23-140
SECTION 48-23-140. Acceptance of gifts, conveyances, and leases.
Status: repealed

The State Commission of Forestry may accept and hold gifts, donations or contributions from individuals, associations, corporations, counties, municipalities, the Federal Government or other agencies and may acquire real estate for purposes within the powers and duties of the Commission. Any gift, donation or contribution accepted and held by the Commission under the provisions of this section shall be used for the purpose specified by the donor. The Commission may accept conveyances and leases of real and personal property for, in the name of, and on behalf of the State from the Secretary of the Interior of the United States, subject to the terms and conditions of the act of Congress of June 6, 1942 (56 US Statutes 326). Code Commissioner's Note 56 Stat. 326 was repealed by 61 Stat. 209. See former 15 USCA SECTION 609r.
S.C. Code Ann. § 48-54-20 — SC Code / Title 48 / Chapter 54 / Section 48-54-20
SECTION 48-54-20. Survey and evaluation of litter issues in state.
Status: in_force

The commission shall survey the incidence of litter violations and the primary type and locations of litter in this State; the system, frequency, method, and personnel used in the removal of litter; the existence and sponsorship of litter reduction and prevention programs and campaigns; and the incidence of litter law enforcement and prosecution in this State. The commission also shall evaluate ongoing public and private programs and campaigns addressing these litter issues including the value, effectiveness, and duplication of these programs and campaigns. This data must be utilized in developing the Strategic State Plan for Litter, as provided for in Section 48-54-30, and as a baseline for measuring the effectiveness of programs and campaigns undertaken pursuant to this plan.
S.C. Code Ann. § 48-1-250 — SC Code / Title 48 / Chapter 1 / Section 48-1-250
SECTION 48-1-250. No private cause of action created.
Status: in_force

No private cause of action is created by or exists pursuant to this chapter. A determination by the department that pollution exists or a violation of a prohibition contained in this chapter has occurred, whether or not actionable by the State, creates no presumption of law or fact inuring to or for the benefit of a person other than the State. Effect of Amendment The 2012 amendment rewrote the section.
S.C. Code Ann. § 48-39-160 — SC Code / Title 48 / Chapter 39 / Section 48-39-160
SECTION 48-39-160. Violations; jurisdiction of courts.
Status: in_force

The circuit court of the county in which the affected critical area or any part thereof lies shall have jurisdiction to restrain a violation of this chapter at the suit of the department, the Attorney General or any person adversely affected. In the event the affected critical area lies in more than one county, jurisdiction shall be in the circuit court of any county in which any part of the area lies. In the same action the circuit court having jurisdiction over the affected area may require such area to be restored to its original condition, if possible, and environmentally desirable. In the alternative, the department may complete the restoration at the expense of the person altering the area in which case suit for recovery of the amount so expended may be brought in any court having jurisdiction to restrain a violation. No bond shall be required as a condition of the granting of a temporary restraining order under this section, except that the court may in its discretion require that a reasonable bond be posted by any person requesting the court to restrain a violation of this chapter.
S.C. Code Ann. § 48-40-30 — SC Code / Title 48 / Chapter 40 / Section 48-40-30
SECTION 48-40-30. South Carolina Beach Restoration and Improvement Fund established.
Status: in_force

There is established the South Carolina Beach Restoration and Improvement Trust Fund for the purposes of: (1) providing matching funds to qualifying municipal and county governments for the restoration of eroded public beaches and improvement and enhancement of public beach access; (2) restoring beaches and protective sand dunes on an emergency basis after significant storm damage; and (3) evaluating erosion rates and hazard areas annually for all state beaches.
S.C. Code Ann. § 48-43-510 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-510
SECTION 48-43-510. Definitions.
Status: in_force

When used in this article unless the context clearly requires otherwise: (1) "Department" means the Department of Health and Environmental Control. (2) "Director" means the director of the department. (3) "Barrel" means 42 U. S. gallons at 60° Fahrenheit. (4) "Other measurements" means measurements set by the department for products transferred at terminals which are other than fluid or which are not commonly measured by the barrel. (5) "Discharge" shall include, but not be limited to, any spilling, leaking, seeping, pouring, emitting, emptying, or dumping which occurs within the territorial limits of the State or outside of the territorial limits of the State and affects lands and waters within the territorial limits of the State. (6) "Pollutants" shall include oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof. (7) "Pollution" means the presence in the outdoor atmosphere or waters of the States of any one or more substances or pollutants, in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. (8) "Terminal facility" means any waterfront or offshore facility of any kind, other than vessels not owned or operated by such facility, and directly associated waterfront or offshore appurtenances including pipelines located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing, or refining pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility or a governmental or quasi-governmental body. A vessel shall be considered a terminal facility only in the event of a ship-to-ship transfer of pollutants, and only that vessel going to or coming from the place of transfer and the terminal facility. For the purposes of this article "terminal facility' shall not be construed to include waterfront facilities owned and operated by governmental entities acting as agents of public convenience for operators engaged in the drilling for or pumping, storing, handling, transferring, processing, or refining of, pollutants; however, each operator engaged in the drilling for or pumping, storing, handling, transferring, processing, or refining of pollutants through a waterfront facility owned and operated by such governmental entity shall be construed as a terminal facility. (9) "Owner" means any person owning a terminal facility; "operator" means any person operating a terminal facility, whether by lease, contract, or other form of agreement. (10) "Transfer" or "transferred" includes onloading or offloading between terminal facility and vessel, vessel and vessel, or terminal facility and terminal facility. (11) "Vessel" includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs. (12) "Discharge cleanup organization" means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the State, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities. (13) "Board" means the Department of Health and Environmental Control. (14) "Person" means any individual, partnership, joint venture, corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity. (15) "Registrant" is a terminal facility required to possess a valid registration certificate to operate as a terminal facility.
S.C. Code Ann. § 48-3-140 — SC Code / Title 48 / Chapter 3 / Section 48-3-140
SECTION 48-3-140. Approval required before issuance of bonds; application for and granting of approval.
Status: in_force

(A) No bonds may be issued pursuant to the provisions of this chapter until the proposal of the governing board to issue the bonds receives the approval of the State Fiscal Accountability Authority. Whenever a governing board proposes to issue bonds pursuant to the provisions of this chapter, it shall file its petition with the State Fiscal Accountability Authority or the Department of Administration, as applicable, setting forth: (1) a brief description of the pollution control facilities proposed to be undertaken; (2) a statement setting forth the action taken by the Department of Health and Environmental Control in connection with the pollution control facilities; (3) a reasonable estimate of the cost of the pollution control facilities; (4) a general summary of the terms and conditions of the loan agreement; and (5) such other information as the State Fiscal Accountability Authority or the Department of Administration, as applicable, requires. (B) Upon the filing of the petition the State Fiscal Accountability Authority or the Department of Administration, as applicable, as soon as practicable, shall conduct the review as it considers advisable, and if it finds that the proposal of the governing board is intended to promote the purposes of this chapter, it is authorized to approve the proposal. Any time following the approval, the governing board may proceed with the issuance of bonds for the pollution control facilities in accordance with the proposal approved by the State Fiscal Accountability Authority or the Department of Administration, as applicable. Notice of the approval of the proposal by the State Fiscal Accountability Authority or the Department of Administration, as applicable, must be published at least once by the state board in a newspaper having general circulation in the county where the pollution control facilities are to be located. (C) Any interested party, within twenty days after the date of the publication of the notice, but not afterwards, may challenge the validity of the approval by action de novo in the court of common pleas in the county where the pollution control facilities are to be located. 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. § 48-9-1310 — SC Code / Title 48 / Chapter 9 / Article 11 / Section 48-9-1310
SECTION 48-9-1310. Consultation with governing bodies of nearby localities.
Status: in_force

The commissioners of any district may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the commissioners of the district on all questions of program and policy which may affect the property, water supply or other interests of such municipality or county.
S.C. Code Ann. § 48-31-40 — SC Code / Title 48 / Chapter 31 / Section 48-31-40
SECTION 48-31-40. Penalties.
Status: in_force

Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not more than thirty days.
S.C. Code Ann. § 48-23-230 — SC Code / Title 48 / Chapter 23 / Section 48-23-230
SECTION 48-23-230. Liability of State for commission's obligations; source of funds for repayment.
Status: in_force

The State is in no manner liable for any debt incurred under the terms of SECTION 48-23-220 but all such obligations shall be met by the State Forestry Commission out of moneys coming into its hands from the property pledged and at least fifty per cent of its income from sales, issues, rents, profits and leases shall be applied annually to the payment of principal and interest due on any such loan.
S.C. Code Ann. § 48-62-320 — SC Code / Title 48 / Chapter 62 / Article 3 / Section 48-62-320
SECTION 48-62-320. Creation of fund; authority.
Status: in_force

There is created the South Carolina Resilience Revolving Fund. The fund is governed by the authority. The authority is a public instrumentality of this State, and the exercise by it of a power conferred in this article is the performance of an essential public function. The Director and staff of the South Carolina Disaster Recovery Office comprise the authority, under the supervision and review of the Chief Resilience Officer and the Governor.
S.C. Code Ann. § 48-56-50 — SC Code / Title 48 / Chapter 56 / Section 48-56-50
SECTION 48-56-50. Issuance of variances.
Status: in_force

The department may grant a participant a variance from a requirement in South Carolina environmental law that would otherwise apply to a facility covered by a cooperative agreement if the variance does one or more of the following: (1) achieves measurable emissions reductions or reductions in discharges of waste that exceed otherwise applicable statutory and regulatory requirements through the use of innovative environmental approaches; (2) provides for alternative monitoring, testing, recordkeeping, notification, or reporting requirements that reduce the administrative burden on the department or the participant and that provides the information needed to ensure compliance with the cooperative agreement and the provisions of South Carolina environmental law for which the cooperative agreement does not grant a variance; or (3) achieves natural resource conservation or reductions in the use of natural resources or energy consumption.
S.C. Code Ann. § 48-27-100 — SC Code / Title 48 / Chapter 27 / Section 48-27-100
SECTION 48-27-100. Power of board to subpoena witnesses and documents and to administer oaths; compensation of witnesses.
Status: in_force

In carrying into effect the provisions of this chapter the Board may, under the hand of its chairman and seal of the Board, subpoena witnesses and compel their attendance and may also require the production of books, papers, and documents in a case involving the revocation of a license or practicing or offering to practice without a license under the title of registered forester. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. Such witnesses officially called by the Board shall receive the same compensation and shall be reimbursed for expenses as is provided for witnesses in the court of common pleas in the county in which this Board may sit.
S.C. Code Ann. § 48-7-10 — SC Code / Title 48 / Chapter 7 / Section 48-7-10
SECTION 48-7-10. Assent given to Federal Conservation Act.
Status: in_force

The assent of the General Assembly required by "An Act to Promote the Conservation and Profitable Use of Agricultural Land Resources by Temporary Federal Aid to Farmers and by Providing for a Permanent Policy of Federal Aid to States for Such Purposes," (Public No. 461, 74th Congress), approved by the President, February 29, 1936, is given to the provisions and requirements of that act.
S.C. Code Ann. § 48-56-120 — SC Code / Title 48 / Chapter 56 / Section 48-56-120
SECTION 48-56-120. Reporting requirements; notification requirements for changes to amount or content of discharge or emission.
Status: in_force

(A) Reports submitted under a cooperative agreement fulfill the reporting requirements under South Carolina environmental law relating to the facility, activities, and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting. (B) A participant shall notify the department if it wishes to increase the amount of a discharge or emission or commence the discharge or emission of a pollutant from a covered facility that was not provided for in the cooperative agreement at the time it became effective. The notification shall describe any proposed facility expansion, production increases or process modifications that would result in the increased or new discharge or emission and shall state the identity and quantity of the pollutant planned to be emitted or discharged. If the increased or new discharge or emission is not authorized under the cooperative agreement, the department may amend the cooperative agreement or require the participant to obtain an approval if an approval is required under South Carolina environmental law.
S.C. Code Ann. § 48-18-80 — SC Code / Title 48 / Chapter 18 / Section 48-18-80
SECTION 48-18-80. Reports by conservation districts.
Status: in_force

Each conservation district must submit to the department an annual evaluation report with input from the Local Advisory Council on the progress in erosion and sediment reduction and stormwater management in the district. The department shall submit a comprehensive report to the Governor and the General Assembly every five years.
S.C. Code Ann. § 48-39-170 — SC Code / Title 48 / Chapter 39 / Section 48-39-170
SECTION 48-39-170. Penalties.
Status: in_force

(A) Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than five thousand dollars, or both, for the first offense, and imprisoned not more than one year, or fined not more than ten thousand dollars, or both, for each subsequent offense. (B) Any violation of any provision of this chapter involving five yards square (225 square feet) or less of critical area may be treated as a minor violation, the penalty for which shall be a fine of not less than fifty dollars nor more than two hundred dollars. The enforcement officers of the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources may serve warrants under this provision and otherwise enforce this chapter. The magistrates of this State have jurisdiction over minor violations of this chapter. Each day of noncompliance with any order issued relative to a minor violation or noncompliance with any permit, regulation, standard, or requirement relative to a minor violation shall constitute a separate offense; provided, however, that violations which involve the construction or repair of water control structures shall not be considered minor violations regardless of the area involved. (C) Any person who is determined to be in violation of any provision of this chapter by the department shall be liable for, and may be assessed by the department for, a civil penalty of not less than one hundred dollars nor more than one thousand dollars per day of violation. Whenever the department determines that any person is in violation of any permit, regulation, standard, or requirement under this chapter, the department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, including an order requiring restoration when deemed environmentally appropriate by the department; in addition, the department may bring a civil enforcement action under this section as well as seeking an appropriate injunctive relief under Section 48-39-160. The department shall be required to assert violations of any provision of this chapter relating to minor development activities within three years of the date of the violation, except if the department's failure to assert the alleged violation resulted from a knowing or intentional attempt to withhold or conceal information relating to the alleged violation by the person against whom the violation is alleged. Failure to make application for, and subsequently receive, the required permit, permit modification, or permit amendment before commencing these activities shall be deemed to be an act of concealment. The provisions of this section apply to all enforcement actions pending as of January 1, 2015, and all future enforcement actions. (D) All penalties assessed and collected pursuant to this section shall be deposited in the general fund of the State. Effect of Amendment 2015 Act No. 12, SECTION 1, in (C), added the last three sentences.
S.C. Code Ann. § 48-52-830 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-830
SECTION 48-52-830. Certification standards for major facility projects.
Status: in_force

(A)(1) All major facility projects in this State, as defined in Section 48-52-810(10)(i), must be designed, constructed, and at least certified as receiving two globes using the Green Globes Rating System or receiving the LEED Silver standard. All major facility projects in this State, as defined in Section 48-52-810(10)(a)(ii) or (iii), must be analyzed using a life cycle cost analysis comparing the cost and benefits of designing, constructing, maintaining, and operating the facility at the LEED Silver standard or two globes standard, or better, with certification; normal industry and regulatory standards as applicable; or some standard between the two that causes the project to be designed and constructed in a manner that achieves the lowest thirty-year life cycle cost. (2) In obtaining certification as receiving two globes using the Green Globes Rating System, a major facility project must earn at least twenty percent of the available points for energy performance under "C.1.1 Energy Consumption". In obtaining certification as meeting the LEED Silver standard, a major facility project must earn at least forty percent of the available points for energy performance under "EA Credit: Optimize Energy Performance". The Office of State Engineer may waive the requirements of this item for a proposed major facility project should it determine that the costs of meeting this item are not economically feasible. The Office of State Engineer shall notify the board of the reason for the issuance of a waiver. (B) The board may petition the General Assembly to require all major facility projects be certified to a high-performance building rating system standard in addition to or instead of the systems provided in this chapter. However, any alternate rating system adopted by the General Assembly must be no less stringent than the systems provided in this chapter. (C) The board shall administer and enforce the provisions in this article. Also, the board may adopt rules and promulgate regulations to comply with the goals set forth in Section 48-52-820. Effect of Amendment 2014 Act No. 150, SECTION 4, in subsection (A)(2), substituted "EA Credit" for "EA Credit 1", and twice substituted "Office of State Engineer" for "State Engineer's Office".
S.C. Code Ann. § 48-27-70 — SC Code / Title 48 / Chapter 27 / Section 48-27-70
SECTION 48-27-70. Bond and salary of secretary.
Status: in_force

A secretary to the board shall give a surety bond to the State in such sum as the Director of the Department of Labor, Licensing, and Regulation may determine. The premium on such bond shall be regarded as a proper and necessary expense of the board and shall be paid out of the fund of the Board of Registration for Foresters. The secretary shall receive such salary as the Director of the Department of Labor, Licensing, and Regulation shall determine in addition to the expenses provided for in Section 48-27-40.
S.C. Code Ann. § 48-55-10 — SC Code / Title 48 / Chapter 55 / Section 48-55-10
SECTION 48-55-10. Selection committee; chairman and secretary; expenses.
Status: in_force

(A) The South Carolina Environmental Awareness Award must be presented annually by a committee of two members appointed from each of the following: (1) South Carolina Department of Health and Environmental Control by its commissioner; (2) State Commission of Forestry by its chairman; (3) South Carolina Sea Grant Consortium by its executive director; (4) Water Resources Division of the Department of Natural Resources by the department's director; (5) Wildlife and Freshwater Fish Division of the Department of Natural Resources by the department's director; (6) Land Resources and Conservation Districts Division of the Department of Natural Resources by the department's director; and (7) Coastal Division of the Department of Health and Environmental Control by the department's director; (8) Marine Resources Division of the Department of Natural Resources by the department's director. (B) The committee shall elect from its members a chairman and a secretary. Each department or commission shall provide for the expenses of its members, except collective expenses must be shared by the departments and the commissions. Members are not eligible for mileage or per diem.
S.C. Code Ann. § 48-9-280 — SC Code / Title 48 / Chapter 9 / Article 3 / Section 48-9-280
SECTION 48-9-280. Bonds; records; audit.
Status: in_force

The Department of Natural Resources shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all its proceedings and activities and of all resolutions, regulations and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements.
S.C. Code Ann. § 48-14-140 — SC Code / Title 48 / Chapter 14 / Section 48-14-140
SECTION 48-14-140. Civil penalties for violations.
Status: in_force

(A) Any person who violates any provision of this chapter or any ordinance or regulation promulgated, enacted, adopted, or issued pursuant to this chapter by the department or other implementing agency, or who initiates or continues a land disturbing activity for which a stormwater management and sediment control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty of not more than one thousand dollars. No penalty may be assessed until the person alleged to be in violation has been notified of the violation. Each day of a violation constitutes a separate violation. (B) The implementing agency shall determine the amount of the civil penalty to be assessed under this section for violations under its jurisdiction. It shall make written demand for payment upon the person responsible for the violation and set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty days after demand for payment is made, a civil action may be filed in the circuit court in the county in which the violation is alleged to have occurred to recover the amount of the penalty. If the implementing agency is the department, the action must be brought in the name of the State. Local governments shall refer the matters under their jurisdiction to their respective attorneys for the institution of a civil action in the name of the local government in the circuit court in the county in which the violation is alleged to have occurred for recovery of the penalty.
S.C. Code Ann. § 48-5-70 — SC Code / Title 48 / Chapter 5 / Section 48-5-70
SECTION 48-5-70. Project sponsors authorized to borrow money from authority through loan agreements and loan obligations; contracts need not be identical among projects; application of other statutes permitting project sponsors to borrow money and issue obligations.
Status: in_force

(A) All project sponsors may borrow money from the authority through loan agreements and the issuance of loan obligations in favor of the authority. Project sponsors may enter into and issue the agreements and evidences of indebtedness comprising the loan agreements and loan obligations in accordance with the provisions of this chapter, and no further statutory authorization is required for the issuance and delivery by project sponsors of their loan obligations. All project sponsors entering into loan agreements and issuing loan obligations to the authority may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts with the authority which are contemplated by this chapter. The contracts need not be identical among all project sponsors but may be structured as determined by the authority according to the needs of the contracting project sponsors and the authority. (B) In addition to the authorizations contained in this chapter, all other statutes permitting project sponsors to borrow money and issue obligations, including both general obligation and revenue bonds, may be utilized by project sponsors borrowing money from the authority to the extent considered necessary or useful by the project sponsor in connection with a loan agreement and the issuance, securing, or sale of its loan obligation to the authority.
S.C. Code Ann. § 48-57-45 — SC Code / Title 48 / Chapter 57 / Section 48-57-45
SECTION 48-57-45. Notification of audit.
Status: in_force

In order to assert at any time in the future the privilege established in Section 48-57-30, the facility conducting the environmental audit shall, upon inspection by the department of the facility or no later than ten working days after completion of the department's inspection, notify the department of the existence of any audit relevant to the subject of the department's inspection as well as the beginning date and completion date of that audit. A responsible official from the facility or company shall certify by his or her signature in writing on the cover of the audit report the beginning date, the anticipated completion date, and the actual completion date of the audit.
S.C. Code Ann. § 48-39-60 — SC Code / Title 48 / Chapter 39 / Section 48-39-60
SECTION 48-39-60. Department of Natural Resources to provide additional personnel.
Status: in_force

When requested by the department, the South Carolina Department of Natural Resources shall provide additional staff for the department, including any additional enforcement officers, necessary to administer the provisions of this chapter and for which funds are available.
S.C. Code Ann. § 48-54-10 — SC Code / Title 48 / Chapter 54 / Section 48-54-10
SECTION 48-54-10. Take Palmetto Pride in Where You Live Commission established.
Status: in_force

(A) There is established the Take Palmetto Pride in Where You Live Commission under the auspices of, and staffed by, the Department of Natural Resources. The commission shall serve as the lead agency for statewide litter removal, litter reduction and prevention, and litter law enforcement through facilitating communication, cooperation and coordination of the efforts and resources of state agencies, local governments, the private profit and nonprofit sectors, business, and industry. (B) The commission is comprised of: (1) the Director of the Department of Natural Resources, or his designee, who shall serve as the chairperson of the commission; (2) the Director of the Department of Transportation, or his designee, who shall serve as the vice chairperson of the commission; (3) the Director of the Department of Corrections or his designee; (4) the Director of the Department of Probation, Parole and Pardon Services, or his designee; (5) the Director of the Department of Public Safety, or his designee; (6) the Director of Court Administration, or his designee; (7) the Director of Palmetto Pride, or his designee; (8) the Director of Keep America Beautiful South Carolina, or his designee; (9) the Executive Director of the Municipal Association of South Carolina, or his designee; (10) the Executive Director of the South Carolina Association of Counties, or his designee; (11) the Executive Director of the South Carolina Sheriff's Association, or his designee; and (12) the President of the South Carolina Trucking Association, or his designee. (C) The members of the commission shall serve ex officio and payment of any mileage, per diem, or subsistence is the responsibility of the department or organization the member represents. (D) The commission must be staffed by the Department of Natural Resources and shall meet at least twice a year and at any time upon the call of the chair. (E) In carrying out its responsibilities pursuant to this chapter, the commission may convene ad hoc committees as it considers necessary and utilize the assistance and expertise of other agencies, organizations, and resources to improve litter removal, reduction and prevention, and litter law enforcement in this State. (F) All agencies of the State and local governments shall cooperate with the commission in carrying out its responsibilities pursuant to this chapter.
S.C. Code Ann. § 48-6-50 — SC Code / Title 48 / Chapter 6 / Section 48-6-50
SECTION 48-6-50. Rules and regulations of department must be approved by General Assembly.
Status: in_force

All rules and regulations promulgated by the department shall be null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation.
S.C. Code Ann. § 48-15-50 — SC Code / Title 48 / Chapter 15 / Section 48-15-50
SECTION 48-15-50. Rights-of-way and easements.
Status: in_force

When political subdivisions of the State submit requests to the authority for works of improvement, and when the authority determines that the works of improvement to be installed is a feasible project and consists entirely of construction of drainage canals, including necessary clearing of vegetation, tidal flood gates, and disposition of excavated materials, according to standards of good drainage and other works of improvement as described in SECTION 48-15-30 (9), (10), (11), (12), (13), and (14), the authority may by virtue of this chapter acquire by any means, including condemnation rights-of-way and easements necessary to locate, survey, cause to be constructed, and to maintain works of improvement for the purpose of draining wet or overflow lands, or lands subject to overflow. The drainage or flood prevention must be considered public benefits and conducive to public health, convenience, and welfare.
S.C. Code Ann. § 48-1-160 — SC Code / Title 48 / Chapter 1 / Section 48-1-160
SECTION 48-1-160. Conduct of hearing; decision of department.
Status: in_force

The hearings herein provided for may be conducted by the Department at a regular or special meeting or it may delegate to any member, to the executive director or to any employee or agent of the Department, the authority to conduct such hearings in the name of the Department at any time and place. But the Department shall make all necessary decisions as to the matter under consideration. Such decision may be based solely upon the record of any hearing conducted by the Department or by its duly authorized representative.
S.C. Code Ann. § 48-52-800 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-800
SECTION 48-52-800. Citation of article.
Status: in_force

This article may be cited as the "Energy Independence and Sustainable Construction Act of 2007".
S.C. Code Ann. § 48-60-30 — SC Code / Title 48 / Chapter 60 / Section 48-60-30
SECTION 48-60-30. Computer, computer monitor, or television manufacturer to provide label on covered devices.
Status: repealed

Section effective until December 31, 2029. A computer, computer monitor, or television manufacturer may not sell or offer to sell a covered device unless a label indicating the computer, computer monitor, or television manufacturer's brand is permanently affixed to the covered device in a readily visible location. Editor's Note 2010 Act No. 178, SECTION 3, provides: "This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act." 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2014 Act No. 129, SECTION 2, twice added "computer monitor". 2022 Act No. 234, SECTION 1.A, reenacted the section with no apparent change.
S.C. Code Ann. § 48-60-70 — SC Code / Title 48 / Chapter 60 / Section 48-60-70
SECTION 48-60-70. Retailer sale requirements; exception.
Status: repealed

Section effective until December 31, 2029. (A) A retailer only may sell or offer to sell a covered device that: (1) bears a manufacturer label as provided in Section 48-60-30; and (2) is manufactured by a manufacturer that offers an electronic waste program as provided in Sections 48-60-40, 48-60-55, and 48-60-51. (B) The requirements of this section do not apply to a television sold by a retailer for less than one hundred dollars. 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." Section 48-60-50, referenced in subsection (A)(2), is repealed by 2014 Act No. 129, SECTION 14, effective December 31, 2014. 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029." Effect of Amendment 2014 Act No. 129, SECTION 6, in subsection (A)(2), added the reference to Section 48-60-55. 2022 Act No. 234, SECTION 1.A, in (A)(2), substituted "an electronic waste program" for "a recovery program" and "48-60-55, and 48-60-51" for "48-60-50, and 48-60-55".
S.C. Code Ann. § 48-35-50 — SC Code / Title 48 / Chapter 35 / Section 48-35-50
SECTION 48-35-50. State Forester may prohibit fires.
Status: in_force

The State Forester may direct at any time, when deemed necessary in the interest of public safety, that fires covered by this chapter not be started. The State Forester also may prohibit all open burning regardless of whether a permit or notification is required, including campfires, bonfires, and other fires for recreational purposes. This prohibition shall not apply to fires used for nonrecreational purposes such as those for human warmth or for the preparation of food for immediate consumption. Effect of Amendment 2017 Act No. 74, SECTION 1, added the second and third sentences, relating to prohibiting open burning and the inapplicability of the prohibition to fires used for nonrecreational purposes.
S.C. Code Ann. § 48-34-50 — SC Code / Title 48 / Chapter 34 / Section 48-34-50
SECTION 48-34-50. Liability for damages, injury, or loss caused by prescribed fire.
Status: in_force

A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by fire or other consequences of the prescribed fire, except for smoke, unless negligence is proven. A property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is not liable for damage, injury, or loss caused by the resulting smoke of a prescribed fire unless gross negligence or recklessness is proven. Editor's Note 2012 Act No. 139, SECTION 3, provides as follows: "The guidelines published by the State Forestry Commission in August 2006 entitled, 'Smoke Management Guidelines for Vegetative Debris Burning for Forestry, Agriculture, and Wildlife purposes in the State of South Carolina' are hereby considered promulgated by the State Forestry Commission and approved by the General Assembly. Any amendment, replacement, or revision of these guidelines must be promulgated by the State Forestry Commission pursuant to the Administrative Procedures Act." Effect of Amendment The 2012 amendment rewrote the first sentence and added the second sentence relating to the standard of care for liability for damage, injury, or loss caused by the resulting smoke of a prescribed fire.
S.C. Code Ann. § 48-28-90 — SC Code / Title 48 / Chapter 28 / Section 48-28-90
SECTION 48-28-90. Governmental agencies ineligible for forest renewal payments.
Status: in_force

No governmental agency, federal, state or local, shall be eligible for forest renewal payments under the provisions of this chapter.
S.C. Code Ann. § 48-53-30 — SC Code / Title 48 / Chapter 53 / Section 48-53-30
SECTION 48-53-30. Penalties.
Status: in_force

A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars for each offense.