S.C. Code Ann. § 48-14-90 — SC Code / Title 48 / Chapter 14 / Section 48-14-90
SECTION 48-14-90. Oversight by commission; inspection; compliance, enforcement, and penalties.
Status: in_force

(A) With respect to approved stormwater management and sediment control plans, the implementing agency shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of right of entry must be included in the stormwater management and sediment control plan certification. The implementing agency may request assistance from the department. (B) The request for assistance from the department may initiate an inspection to verify site conditions. That inspection may result in the following actions: (1) notification by the implementing agency to the person responsible for the land disturbing activity to comply with the approved plan within a specified time; (2) notification by the implementing agency that the required measures are not functioning in an effective manner with a schedule for the person responsible for the disturbing activity to maintain the required measures or install additional measures which will be effective in controlling stormwater runoff and off-site sediment movement. (C) Failure of the person responsible for the land disturbing activity to comply with department requirements may result in the following actions in addition to other penalties as provided in this chapter: (1) The department may request that the appropriate implementing agency issue a stop work order until the violations have been remedied. (2) The department may request that the appropriate implementing agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied. (3) The department may recommend fines to be levied by the implementing agency.
S.C. Code Ann. § 48-60-57 — SC Code / Title 48 / Chapter 60 / Section 48-60-57
SECTION 48-60-57. County and municipality participation in manufacturer electronic waste program.
Status: repealed

Section effective until December 31, 2029. (A) Beginning in program year 2023, the designee of a county including, but not limited to, a representative of a solid waste authority serving one or more counties, may elect to participate in a manufacturer electronic waste program by filing a written notice of election to participate in the program with the manufacturer electronic waste program and the department, by August 1, 2022, and by May first each year thereafter for the upcoming program year. (B) A municipality with a population of over 17,000, as determined using the most recent federal decennial census, located within a county or solid waste authority serving one or more counties that elects not to participate in a manufacturer electronic waste program may coordinate with any participating county or solid waste authority serving one or more counties for inclusion in the participating county or solid waste authority's written notice of election to participate in a manufacturer electronic waste program and must utilize collection sites located in the participating county or solid waste authority. (C) Any municipality included in a participating county or solid waste authority's written notice of election must utilize the proposed collections sites enumerated in the plan and those sites must be located within in the participating county or solid waste authority. (D) The written notice must include a list of proposed collection locations to support the program and may include locations already providing similar collection services. The written notice also may include a list of registered recoverers that the county would prefer using for its collection sites or one-day events. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
S.C. Code Ann. § 48-17-40 — SC Code / Title 48 / Chapter 17 / Section 48-17-40
SECTION 48-17-40. Funds shall come from member counties and other political subdivisions; "cost" includes 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. § 48-52-220 — SC Code / Title 48 / Chapter 52 / Article 2 / Section 48-52-220
SECTION 48-52-220. "Renewable energy resources" defined.
Status: in_force

For the purposes of this chapter, "renewable energy resources" means energy conservation and efficiency, solar photovoltaic energy, solar thermal energy, wind power, hydroelectric power, geothermal energy, tidal energy, wave energy, recycling, hydrogen fuel derived from renewable resources, biomass energy, energy derived from municipal and other solid waste, energy derived from waste oil, energy derived from waste tires, and landfill gas.
S.C. Code Ann. § 48-39-150 — SC Code / Title 48 / Chapter 39 / Section 48-39-150
SECTION 48-39-150. Approval or denial of permits; appeal to council; exceptions.
Status: in_force

(A) In determining whether a permit application is approved or denied the department shall base its determination on the individual merits of each application, the policies specified in Sections 48-39-20 and 48-39-30 and be guided by the following general considerations: (1) The extent to which the activity requires a waterfront location or is economically enhanced by its proximity to the water. (2) The extent to which the activity would harmfully obstruct the natural flow of navigable water. If the proposed project is in one or more of the State's harbors or in a waterway used for commercial navigation and shipping or in an area set aside for port development in an approved management plan, then a certificate from the South Carolina State Ports Authority declaring the proposed project or activity would not unreasonably interfere with commercial navigation and shipping must be obtained by the department prior to issuing a permit. (3) The extent to which the applicant's completed project would affect the production of fish, shrimp, oysters, crabs or clams or any marine life or wildlife or other natural resources in a particular area including but not limited to water and oxygen supply. (4) The extent to which the activity could cause erosion, shoaling of channels or creation of stagnant water. (5) The extent to which the development could affect existing public access to tidal and submerged lands, navigable waters and beaches or other recreational coastal resources. (6) The extent to which the development could affect the habitats for rare and endangered species of wildlife or irreplaceable historic and archeological sites of South Carolina's coastal zone. (7) The extent of the economic benefits as compared with the benefits from preservation of an area in its unaltered state. (8) The extent of any adverse environmental impact which cannot be avoided by reasonable safeguards. (9) The extent to which all feasible safeguards are taken to avoid adverse environmental impact resulting from a project. (10) The extent to which the proposed use could affect the value and enjoyment of adjacent owners. (B) After considering the views of interested agencies, local governments and persons, and after evaluation of biological and economic considerations, if the department finds that the application is not contrary to the policies specified in this chapter, it shall issue to the applicant a permit. The permit may be conditioned upon the applicant's amending the proposal to take whatever measures the department feels are necessary to protect the public interest. At the request of twenty citizens or residents of the county or counties affected, the department shall hold a public hearing on any application which has an effect on a critical area, prior to issuing a permit. Such public hearings shall be open to all citizens of the State. When applicable, joint public hearings will be held in conjunction with any such hearings required by the U. S. Army Corps of Engineers. On any permit application pertaining to a specific development which has been approved by the department, the department may support the applicant with respect to any federal permit applications pertaining to the same specific development. (C) The department shall act upon an application for a permit within ninety days after the application is filed. Provided, however, that in the case of minor developments, as defined in Section 48-39-10, the department shall have the authority to approve such permits and shall act within thirty days. In the event a permit is denied the department shall state the reasons for such denial and such reasons must be in accordance with the provisions of this chapter. (D) An applicant having a permit denied or a person adversely affected by the granting of the permit has the right of direct appeal from the decision of the administrative law judge pursuant to Section 1-23-610. An applicant having a permit denied may challenge the validity of any or all reasons given for denial. (E) Any permit may be revoked for noncompliance with or violation of its terms after written notice of intention to do so has been given the holder and the holder given an opportunity to present an explanation to the department. (F) Except for maintenance dredging permits, work authorized by permits issued under this chapter must be completed within five years after the date of issuance. Maintenance dredging permitted under this chapter must be completed within ten years after the date of issuance. The time limit may be extended for good cause showing that due diligence toward completion of the work has been made as evidenced by significant work progress. An extension only may be granted if the permitted project meets the policies and regulations in force when the extension is requested or the permittee agrees to accept additional conditions which would bring the project into compliance. The time periods required by this subsection must be tolled during the pendency of an administrative or a judicial appeal of the permit issuance. (G)(1) A property that is deemed eligible under a general permit issued by the United States Army Corp of Engineers is exempt from the permitting requirements set forth in this chapter for routine, normal, or emergency maintenance or repair activities pursuant to the general permit within currently functioning: (a) tidal impoundment fields located in tidal navigable waters of the United States, as the term is used in Section 10 of the Rivers and Harbors Act of 1899; or (b) adjacent nontidal fields that rely on the outgoing tide to drain, where the water regimes of the fields are currently being manipulated for wildlife management or where the fields have all of the necessary embankments and structures in place to allow for the manipulation of the water regimes for wildlife management. (2) The division may enforce the conditions of the general permit issued by the United States Army Corp of Engineers in the same manner and with the same authority as if the division had approved the permit pursuant to the provisions of this chapter. Editor's Note 2011 Act No. 41, SECTION 6 provides as follows: "Nothing in this act shall be construed to expand or increase the department's jurisdiction or to require permits for activities or projects that are not currently subject to regulation by the department. Except for the extension of the permit duration for maintenance dredging permits to ten years, nothing in this act shall be construed to impact any pending request or application for any license or approval from the department." 2016 Act No. 204, SECTIONS 1, 3, provide as follows: "SECTION 1. This act must be known and may be cited as the 'Managed Tidal Impoundment Preservation Act'." "SECTION 3. The intent of the General Assembly is to make this act applicable to property deemed eligible under the United States Army Corps of Engineers, Charleston District's Managed Tidal Impoundment General Permit Number SAC-2011-1157 and its successors." Effect of Amendment The 2011 amendment, in subsection (F), in the first sentence, substituted "Except for maintenance dredging permits, work" for "Work"; and inserted the second sentence. 2016 Act No. 204, SECTION 2, added (G), relating to permit exemption under certain circumstances.
S.C. Code Ann. § 48-14-50 — SC Code / Title 48 / Chapter 14 / Section 48-14-50
SECTION 48-14-50. Stormwater Management and Sediment Reduction Program; development and general provisions; regulations.
Status: in_force

(A) The department shall develop a State Stormwater Management and Sediment Reduction Program. (B) In carrying out this chapter, the department shall: (1) provide technical and other assistance to local governments and others in implementing this chapter; (2) require that appropriate stormwater management and sediment control provisions be included in all stormwater management and sediment control plans developed pursuant to this chapter; (3) cooperate with appropriate agencies of this State, the United States, other states, or any interstate agency with respect to stormwater management and sediment control; (4) conduct studies and research regarding the causes, effects, and hazards of stormwater and sediment and methods to control stormwater runoff and sediment; (5) conduct and supervise educational programs with respect to stormwater management and sediment control; (6) require the submission to the department of records and periodic reports by implementing agencies as may be necessary to carry out this chapter; (7) establish a means of communications, such as a newsletter, so that information regarding program development and implementation can be distributed to interested individuals; (8) assist conservation districts and local governments involved in the local stormwater management and sediment control program; and (9) develop a schedule for implementing this chapter in the counties and municipalities of this State. (C) The department shall promulgate regulations, minimum standards, guidelines, and criteria necessary to carry out the provisions of this chapter with input from the South Carolina Erosion and Sediment Reduction Advisory Council, appointed by the Governor, in consultation with the South Carolina Association of Special Purpose Districts, and the South Carolina Municipal Association, and a task force of technical experts appointed by the department. The regulations must include, but are not limited to: (1) criteria for the delegation of program elements and review and revocation of delegated program elements; (2) appeal procedures for local governments requesting delegation of program elements; (3) types of activities that require a stormwater management and sediment control permit; (4) waivers, exemptions, variances, and appeals; (5) stormwater management and sediment control plan application or inspection fees; (6) criteria for distribution of funds collected by sediment and stormwater plan approval and inspection fees; (7) criteria for implementation of a stormwater management utility; (8) specific design criteria and minimum standards and specifications; (9) permit application and approval requirements; (10) specific enforcement options; (11) criteria for approval of designated watersheds; (12) criteria regarding correction of off-site damages resulting from the land disturbing activity; (13) construction inspections; (14) maintenance requirements for sediment control during construction and stormwater management structures after construction is completed; (15) procedures to accept and respond to citizen complaints on delegated program components and individual site problems; and (16) a schedule for implementing this chapter considering such factors as demographics, growth and development, and state and local resources. (D) These regulations promulgated for carrying out the stormwater management and sediment control program must: (1) be based upon relevant physical and developmental information concerning the watershed and drainage basins of the State, including but not limited to, data relating to land use, soils, hydrology, geology, grading, ground cover, size of land area being disturbed; and (2) contain conservation standards for various types of soils and land uses, which standards must include criteria and alternative techniques and methods for the control of erosion, sediment, and stormwater runoff resulting from land disturbing activities. (E) The department may amend, modify, or repeal these regulations in accordance with the provisions of the Administrative Procedures Act.
S.C. Code Ann. § 48-3-150 — SC Code / Title 48 / Chapter 3 / Section 48-3-150
SECTION 48-3-150. Chapter to be construed as cumulative; execution of authorization.
Status: in_force

Neither this chapter nor anything contained shall be construed as a restriction or limitation upon any powers which a county or incorporated municipality might otherwise have under any laws of this State, but shall be construed as cumulative. The authorization herein granted may be carried out by any governing board acting at any regular or special meeting and without publication of the proceedings by a resolution to become effective upon its adoption at the meeting at which it is presented, notwithstanding any restriction, limitation, or other procedure, imposed upon the governing board by any other statute.
S.C. Code Ann. § 48-46-70 — SC Code / Title 48 / Chapter 46 / Section 48-46-70
SECTION 48-46-70. Northeast Interstate Low-Level Radioactive Waste Management Compact incorporated by reference.
Status: in_force

The Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985) as it existed on the date this act was enacted, is hereby incorporated by reference, and all terms and conditions contained therein shall have full force and effect as if set forth herein in their entirety. In addition to the express limitations on non-host state and compact commission liability provided in the Northeast Interstate Low-Level Radioactive Waste Management Compact, South Carolina will indemnify the Atlantic Compact Commission or any of the other party states for any damages incurred solely because of South Carolina's membership in the compact and for any damages associated with any injury to persons or property during the institutional control period resulting from the radioactive and waste management operations of the regional facility.
S.C. Code Ann. § 48-9-1030 — SC Code / Title 48 / Chapter 9 / Article 9 / Section 48-9-1030
SECTION 48-9-1030. Decision as to discontinuance.
Status: in_force

The department shall publish the result of such referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the department shall determine that the continued operation of such district is administratively practicable and feasible it shall record such determination and deny the petition. If the department shall determine that the continued operation of such district is not administratively practicable and feasible it shall record such determination and shall certify such determination to the commissioners of the district. In making such determination the department shall give due regard and weight to the attitude of the owners and occupiers of lands lying within the district, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the district, the probable expense of carrying on erosion-control operations within the district and such economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Section 48-9-20. But the department shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district.
S.C. Code Ann. § 48-20-230 — SC Code / Title 48 / Chapter 20 / Section 48-20-230
SECTION 48-20-230. Criminal penalties; authority of department to institute other actions or proceedings.
Status: in_force

In addition to other penalties provided by this chapter, an operator who engages in mining in wilful violation of the provisions of this chapter or of regulations promulgated under it or who wilfully misrepresents a fact in an action taken pursuant to this chapter or wilfully gives false information in an application or report required by this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day of continued violation after written notification is a separate offense. In addition to other remedies, the department may institute an appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this chapter or a regulation promulgated under this chapter.
S.C. Code Ann. § 48-21-10 — SC Code / Title 48 / Chapter 21 / Section 48-21-10
SECTION 48-21-10. Terms of Interstate Mining Compact.
Status: in_force

INTERSTATE MINING COMPACT Article I. Findings and Purposes (a) The party states find that: 1. Mining and the contributions thereof to the economy and well-being of every state are of basic significance. 2. The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public. 3. Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly and the devising of means to deal with them are of both public and private concern. 4. Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land, or the development of mineral and other natural resources; but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated. 5. The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions. (b) The purposes of this compact are to: 1. Advance the protection and restoration of land, water and other resources affected by mining. 2. Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining. 3. Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated. 4. Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources. 5. Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining. Article II. Definitions As used in this compact, the term: (a) "Mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location; and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on site farming or construction. (b) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. Article III. State Programs Each party state agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the program in force, to accomplish: 1. The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations. 2. The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water. 3. The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands. 4. The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future. Article IV. Powers In addition to any other powers conferred upon the Interstate Mining Commission, established by Article V of this compact, such commission shall have power to: 1. Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change. 2. Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining. 3. Make recommendations concerning any aspect of law or practice and governmental administration dealing with matters within the purview of this compact. 4. Gather and disseminate information relating to any of the matters within the purview of this compact. 5. Cooperate with the Federal Government and any public or private entities having interests in any subject coming within the purview of this compact. 6. Consult, upon the request of a party state and within resources available therefor, with the officials of such state in respect to any problem within the purview of this compact. 7. Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations. 8. Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites. Article V. The Commission (a) There is hereby created an agency of the party states to be known as the "Interstate Mining Commission," hereinafter called "the commission." The commission shall be composed of one commissioner from each party state who shall be Governor thereof. Pursuant to the laws of his party state, each Governor shall have the assistance of an advisory body (including membership from mining industries, conservation interests, and such other public and private interests as may be appropriate) in considering problems relating to mining and in discharging his responsibilities as the commissioner of his state on the commission. In any instance where a Governor is unable to attend a meeting of the commission or perform any other function in connection with the business of the commission, he shall designate an alternate, from among the members of the advisory body required by this paragraph, who shall represent him and act in his place and stead. The designation of an alternate shall be communicated by the Governor to the commission in such manner as its bylaws may provide. (b) The commissioners shall be entitled to one vote on the commission. No action of the commission making a recommendation pursuant to Article IV -3, IV -7, and IV -8 or requesting, accepting or disposing of funds, services, or other property pursuant to this paragraph, Articles V (g), V (h), or VII shall be valid unless taken at a meeting at which a majority of the total number of votes on the commission is cast in favor thereof. All other action shall be by a majority of those present and voting; provided, that action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, is present. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein. (c) The commission shall have a seal. (d) The commission shall elect annually, from among its members, a chairman, a vice-chairman and a treasurer. The commission shall appoint an executive director and fix his duties and compensation. Such executive director shall serve at the pleasure of the commission. The executive director, the treasurer and such other personnel as the commission shall designate shall be bonded. The amount of such bond shall be determined by the commission. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director with the approval of the commission, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel. (f) The commission may establish and maintain independently or in conjunction with a party state, a suitable retirement system for its employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as it may deem appropriate. (g) The commission may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation. (h) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the donations and grants. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (g) of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed and the identity of the donor or lender. (i) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. (j) The commission annually shall make to the Governor, legislature and advisory body required by Article V (a) of each party state, a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been made by the commission. The commission may make such additional reports as it may deem desirable. Article VI. Advisory, Technical and Regional Committees The commission shall establish such advisory and technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party states, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the commission. Article VII. Finance (a) The commission shall submit to the Governor or designated officer of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof. (b) Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount to be appropriated by each of the party states. The total amount of appropriations requested under any such budget shall be apportioned among the party states as follows: One-half in equal shares; and the remainder in proportion to the value of minerals, ores, and other solid matter mined. In determining such values, the commission shall employ such available public sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of minerals, ores, and other solid matter mined. (c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article V (h) of this compact; provided, that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article V (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the obligation. (d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission. (e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission. (f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission. Article VIII. Entry Into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any four or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this compact by enacting a statute repealing the compact, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
S.C. Code Ann. § 48-30-10 — SC Code / Title 48 / Chapter 30 / Section 48-30-10
SECTION 48-30-10. Short title.
Status: in_force

This chapter shall be known as the "Primary Forest Product Assessment Law".
S.C. Code Ann. § 48-23-190 — SC Code / Title 48 / Chapter 23 / Section 48-23-190
SECTION 48-23-190. Telephone line attachments to commission's poles; charges.
Status: in_force

The State Commission of Forestry may permit telephone line attachments to its poles under such terms and conditions as the Commission deems advisable and charge standard rental rates therefor. But before the Commission shall grant authority for such attachments it shall require the applicant to sign an agreement prescribed by the Commission, setting forth the terms and conditions under which such attachments shall be installed and maintained.
S.C. Code Ann. § 48-18-60 — SC Code / Title 48 / Chapter 18 / Section 48-18-60
SECTION 48-18-60. Conservation districts; duties and responsibilities.
Status: in_force

(1) The Conservation Districts shall: (a) Assist in the development and promotion of erosion and sediment reduction and stormwater management programs as considered necessary by the conservation district boards. (b) Provide leadership in the promotion of erosion and sediment reduction and stormwater management within their boundaries. (c) Coordinate and seek assistance of governmental agencies, organizations, landowners, and land users for erosion and sediment reduction and stormwater management. (d) Conduct demonstrations on erosion and sediment reduction and stormwater management utilizing proven conservation technology. (e) Assist in the preparation of conservation plans for erosion and sediment reduction as requested by landowners and land users. (f) Provide available technical assistance for erosion and sediment reduction and stormwater management planning upon request by landowners and land users. (g) Perform other duties as defined in the Conservation Districts Law (Chapter 9 of Title 48). (2) Each conservation district must appoint an Advisory Council on Erosion and Sediment Reduction (Local Advisory Council) which may include, but not be limited to a: (a) local homebuilder. (b) local contractor. (c) local realtor. (d) municipal councilman. (e) county planning agency representative. (f) county councilman. (g) conservation district commissioner. (h) county farm bureau representative. (i) county grange representative. (j) USDA-Soil Conservation Service representative. (k) county extension service representative. (l) State Forestry Commission representative. (m) local civil engineer. (n) local architect. (o) local landscape architect. (3) Duties of the Local Advisory Council include, but are not limited to, the following: (a) Study the erosion and sediment reduction and stormwater management programs of other districts and evaluate their applicability to its respective district. (b) Evaluate erosion, sedimentation, and stormwater conditions in the district. (c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the district. (d) Assist the district with educational programs, including but not limited to, seminars, conferences, workshops, media productions, and written publications. (e) Compile information pertaining to sedimentation of water bodies in the district. (f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management. (g) Evaluate the need for additional programs for erosion and sediment reduction and stormwater management. (h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs. (i) Provide information to the district as needed.
S.C. Code Ann. § 48-45-50 — SC Code / Title 48 / Chapter 45 / Section 48-45-50
SECTION 48-45-50. Board of directors.
Status: in_force

The board of directors for the consortium consists of the chief executive officer of each of the participating educational institutions and state agencies or the officer's designee.
S.C. Code Ann. § 48-43-330 — SC Code / Title 48 / Chapter 43 / Article 2 / Section 48-43-330
SECTION 48-43-330. Establishment of spacing units for pools.
Status: in_force

(A) The department may, upon application or on its own motion and after a hearing, establish spacing units for each pool. (B) An order establishing spacing units shall specify the size and shape of the units, which shall be such as will, in the opinion of the department, result in the efficient and economical development of the pool as a whole. The size of the spacing units shall not be smaller than the maximum area that can be efficiently and economically drained by one well; provided, that if, at the time of a hearing to establish spacing units, there is not sufficient evidence from which to determine the area that can be efficiently and economically drained by one well, the department may make an order establishing temporary spacing units for the orderly development of the pool pending the obtaining of the information required to determine what the ultimate spacing should be. (C) Except where circumstances reasonably require, spacing units shall be of approximately uniform size and shape for the entire pool. The department may establish spacing units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shape of any spacing unit or units or may change the size or shape of one or more existing spacing units. Where spacing units of different sizes or shapes exist in a pool, the department shall, if necessary, make such adjustment of the allowable production from the well or wells drilled thereon so that each person entitled thereto in each spacing unit will have a reasonable opportunity to produce or receive his just and equitable share of the production. (D) An order establishing spacing units shall specify the location for the drilling of a well thereon, in accordance with a reasonably uniform spacing pattern, with necessary exceptions for wells drilled or drilling at the time of notice of the hearing to consider spacing. If the department finds that a well drilled at the prescribed location would not be likely to produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such well, or for other good cause shown, the department is authorized to make an order permitting the well to be drilled at a location other than that prescribed by such spacing order. In so doing, the department shall, if necessary, make such an adjustment of the allowable production from the well drilled thereon so that each person entitled thereto in such spacing unit shall not produce or receive more than his just and equitable share of the production. (E) An order establishing spacing units for a pool shall cover all lands determined or believed to be underlain by such pool, and may be modified by the department from time to time to include additional lands determined to be underlain by such pool or to exclude lands determined not to be underlain by such pool. (F) An order establishing spacing units may be modified by the department to change the size and shape of one or more spacing units, or to permit the drilling of additional wells on a reasonably uniform pattern. (G) After the date of the notice for a hearing called to establish spacing units, no additional well shall be commenced for production from the pool until the order establishing spacing units has been made, unless the commencement of the well is authorized by order of the department.
S.C. Code Ann. § 48-60-20 — SC Code / Title 48 / Chapter 60 / Section 48-60-20
SECTION 48-60-20. Definitions.
Status: repealed

Section effective until December 31, 2029. As used in this chapter: (1) "Collect" or "collection" means to facilitate the delivery of a covered television device or covered computer monitor device to a collection site included in the manufacturer's program, and to transport the covered television device or covered computer monitor device for recovery. (2) "Collector" means a person who collects a covered television device or covered computer monitor device at any program collection site or one-day collection event and prepares them for transport. (3) "Computer device", often referred to as a "personal computer" or "PC", means a desktop, notebook or tablet computer, or a printing device as further defined below and used only in a residence, but does not mean an automated typewriter, mobile telephone, portable hand-held calculator, portable digital assistant (PDA), MP3 player, or other similar device. "Computer device" does not include computer peripherals, commonly known as cables, mouse, or keyboard. "Computer device" is further defined as follows in this item: (a) "Desktop computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a desktop computer is achieved through a stand-alone keyboard, stand-alone monitor, or other display unit, and a stand-alone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor. A desktop computer is not designed for portability and generally utilizes an external monitor, keyboard, and mouse with an external or internal power supply for a power source. Desktop computer does not include an automated typewriter or typesetter. (b) "Notebook computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than four inches in size, and mouse or other pointing device, all of which are contained within the construction of the unit that comprises the notebook computer; supplemental stand-alone interface devices typically also can be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable hand-held calculator, or a portable digital assistant or similar specialized device. A notebook computer has an incorporated video display greater than four inches in size and can be carried as one unit by an individual. A notebook computer is sometimes referred to as a laptop computer. (c) "Tablet computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a tablet computer is achieved through a touch screen and video display screen greater than six inches in size, all of which are contained within the unit that comprises the tablet computer. Tablet computers may use an external or internal power source. Tablet computer does not include a portable hand-held calculator, a portable digital assistant, or a similar specialized device. (d) "Printing device" means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service from a residence that are designed to reside on a work surface, and include various print technologies including, without limitation, laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multifunction" or "all-in-one" devices that perform different tasks including, without limitation, copying, scanning, faxing, and printing. Printers do not include floor-standing printers, printers with optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non-stand-alone printers that are embedded into products that are not covered devices. (4) "Computer manufacturer" means a person who: (a) manufactures a covered computer device under its own brand for sale or without affixing a brand; (b) sells in this State a covered computer device produced by another supplier under its own brand or label; (c) imports covered computer devices; provided, that if a company from which an importer purchases a covered computer device has a presence or assets in the United States, that company must be considered the manufacturer; or (d) manufactures a covered computer device, supplies a covered computer device to a person within a distribution network that includes wholesalers or retailers in this State, and benefits from the sale of a covered device through that distribution network. (5) "Computer monitor manufacturer" means a person who: (a) manufactures a covered computer monitor device under its own brand for sale or without affixing a brand; (b) sells in this State a covered computer monitor device produced by another supplier under its own brand or label; (c) imports covered computer monitor devices; provided, that if a company from which an importer purchases a covered computer monitor device has a presence or assets in the United States, that company must be considered the manufacturer; or (d) manufactures a covered computer monitor device, supplies a covered computer monitor device to a person within a distribution network that includes wholesalers or retailers in this State, and benefits from the sale of a covered device through that distribution network. (6) "Consumer" means an occupant of a single-detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered device primarily for personal or home business use. (7) "Covered computer device" means a desktop, laptop or notebook computer, or a printing device marketed and intended for use by a consumer, but does not include a covered television device or covered computer monitor device. (8) "Covered computer monitor device" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a computer and is used by a consumer. (9) "Covered devices" means a covered computer device, covered computer monitor device, and a covered television device marketed and intended for use by a consumer. "Covered device", "covered computer device", "covered computer monitor device", and "covered television device" do not include: (a) a covered device that is a part of a motor vehicle or a component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; (b) a covered device that is functionally or physically a part of, or connected to, or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting including, but not limited to, diagnostic, monitoring, control or medical products as defined under the federal Food, Drug, and Cosmetic Act, or equipment used for security, sensing, monitoring, antiterrorism, or emergency services purposes or equipment designed and intended primarily for use by professional users; (c) a covered device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier, water heater, or exercise equipment; (d) telephones of any type including, but not limited to, mobile telephones, a personal digital assistant (PDA), a global positioning system (GPS), or a hand-held gaming device; or (e) a plastic, wood, or composite case that once held a covered device or was a subassembly of a covered device but is void of any electronics, leaded glass, or metal electronic components. (10) "Covered television device" means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras marketed and intended for use by a consumer primarily for personal purposes. (11) "Department" means the South Carolina Department of Health and Environmental Control. (12) "Manufacturer clearinghouse" means an entity that prepares and submits a manufacturer electronic waste program plan to the department, and oversees the manufacturer electronic waste program, on behalf of a group of two or more manufacturers cooperating with one another to collectively establish and operate an electronic waste program for the purpose of complying with this chapter and that collectively represent at least fifty-one percent of the manufacturers' total obligations pursuant to this chapter for a program year. (13) "Manufacturer electronic waste program" means any program established, financed, and operated by a manufacturer, individually or collectively as part of a manufacturer clearinghouse, to transport and subsequently recycle, in accordance with the requirements of this act, covered televisions and computer monitor devices collected at program collection sites and one-day collection events. (14) "Manufacturer's brands" means a manufacturer's name, brand name either owned or licensed by the manufacturer, or brand logo for which the manufacturer otherwise has legal responsibility. (15) "One-day collection event" means a one-day event used as a substitute for a program collection site pursuant to Section 48-60-56. (16) "Person" means an individual, business entity, partnership, limited liability company, corporation, not-for-profit corporation, association, government entity, public benefit corporation, or public authority. (17) "Program collection site" means a physical location that is included in a manufacturer electronic waste program and at which covered television devices or covered computer monitor devices are collected and prepared for transport by a collector during a program year in accordance with the requirements of this chapter. Except as otherwise provided in this chapter, "program collection site" does not include a retail collection site. (18) "Program year" means the calendar year. (19) "Recover" means to reuse or recycle. (20) "Recoverer" means a person that reuses or recycles a covered device. (21) "Retail collection site" means a private sector collection site operated by a retailer collecting on behalf of a manufacturer. (22) "Retail sale" means the sale of a new product through a sales outlet, the Internet, mail order, or otherwise, whether or not the seller has a physical presence in this State. A retail sale includes the sale of new products. (23) "Retailer" means a person engaged in retail sales. (24) "Sale" or "sell" means a transfer for consideration of title including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not mean leases. (25) "Television" means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras. (26) "Television manufacturer" means a person who: (a) manufactures covered television devices under a brand that it licenses or owns for sale in this State; (b) manufactures covered television devices without affixing a brand for sale in this State; (c) resells into this State a covered television device under a brand it owns or licenses produced by other suppliers, including retail establishments that sell covered television devices under a brand the retailer owns or licenses; (d) imports covered television devices; provided, that if a company from which an importer purchases a covered device has a presence or assets in the United States, that company must be considered the manufacturer; (e) manufactures covered television devices, supplies them to a person or persons within a distribution network that includes wholesalers or retailers in this State and benefits from the sale in this State of those covered television devices through the distribution network; or (f) assumes the responsibilities and obligations of a television manufacturer pursuant to this chapter. If the television manufacturer is one who manufactures, sells, or resells under a brand it licenses, the licensor or brand owner of the brand must not be included in the definition of television manufacturer pursuant to items (a) or (c). 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 1, added subsections (3), (5), (7), (13), (14), (15), and redesignated the subsections accordingly; and amended subsections (2), (6), (8), (9), (11), (17), (20), (21), (22). 2022 Act No. 234, SECTION 1.A, rewrote the section.
S.C. Code Ann. § 48-60-141 — SC Code / Title 48 / Chapter 60 / Section 48-60-141
SECTION 48-60-141. Registration of collectors under a manufacturer electronic waste program; denial of a registration; sorting of collected covered devices; prohibited activities.
Status: repealed

Section effective until December 31, 2029. (A) By November 1, 2022, and by November first of each year thereafter for that program year, a person acting as a collector under a manufacturer electronic waste program shall register with the department by completing and submitting to the department the registration form prescribed by the department. The registration form prescribed by the department must include, without limitation, the address of each location at which the collector accepts covered devices. (B) The department may deny a registration under this section if the collector or any employee or officer of the collector has a history of: (1) repeated violations of federal, state, or local laws, regulations, standards, or ordinances related to the collection, recovering, or other management of covered devices; (2) conviction in this State or another state of any crime which is a felony under the laws of this State, or conviction of a felony in a federal court; or conviction in this State or another state or federal court of any of the following crimes: forgery, official misconduct, bribery, perjury, or knowingly submitting false information under any environmental law, regulation, or permit term or condition; or (3) gross carelessness or incompetence in handling, storing, processing, transporting, disposing, or otherwise managing covered devices. (C) The department shall post on the department's website a list of all registered collectors. (D) Manufacturers and recoverers acting as collectors shall so indicate on their registration under Section 48-60-51 or Section 48-60-142 of this chapter. (E) Each collector that operates a program collection site or one-day event shall ensure that the collected covered devices are sorted and loaded in compliance with local, State, and federal law. In addition, at a minimum, the collector shall also comply with the following requirements: (1) Covered television devices and covered computer monitor devices must be accepted at program collection sites or one-day collection events unless otherwise provided in this chapter. (2) Covered television devices and covered computer monitor devices must be kept separate from other material and must: (a) be packaged in a manner to prevent breakage; (b) be loaded onto pallets and secured with plastic wrap or in pallet-sized bulk containers prior to shipping; and (c) weigh on average per collection site eighteen thousand pounds per shipment, and if not then the recoverer may charge the collector a prorated charge on the shortfall in weight, not to exceed six hundred dollars. (3) Covered devices must be sorted into at least the following categories: (a) covered computer monitor devices; (b) covered television devices; (c) all other covered devices that are part of the manufacturer program; (d) any other covered device that is not part of the manufacturer program that the collector has arranged to have picked up with covered devices and for which a financial arrangement has been made to cover the recycling costs outside of the manufacturer program; and (e) any other covered device that is not part of the manufacturer program that the collector has arranged to have picked up with covered devices and for which a financial arrangement has been made to cover the recycling costs outside of the manufacturer program. (4) Containers holding the covered devices must be structurally sound for transportation. (5) Each shipment of covered devices from a program collection site or one-day collection event must include a collector-prepared bill of lading or similar manifest, which describes the origin of the shipment and the number of pallets or bulk containers of covered devices in the shipment. (F) Except as provided in subsection (G), each collector that operates a program collection site or one-day collection event during a program year shall accept all covered television devices and computer monitor devices that are delivered to the program collection site or one-day collection event during the program year. (G) No collector that operates a program collection site or one-day collection event shall: (1) accept, at the program collection site or one-day collection event, more than seven covered devices from an individual at any one time; (2) scrap, salvage, dismantle, or otherwise disassemble any covered devices collected at a program collection site or one-day collection event; (3) deliver to a manufacturer electronic waste program, through its recoverer, any covered devices other than covered television devices and covered computer monitor devices, unless otherwise provided for in this chapter, collected at a program collection site or one-day collection event; or (4) deliver to a person other than the manufacturer electronic waste program or its recoverer, covered television devices and covered computer monitor devices, unless otherwise provided for in this chapter, collected at a program collection site or one-day collection event. (H) Beginning in program year 2023, registered collectors participating in a county or solid waste authority supervised collection programs may collect a fee for each desktop computer monitor or television accepted for recovering to cover costs for collection and preparation for bulk shipment or to cover costs associated with the requirements of subsection (E). (I) Nothing in this chapter shall prevent a person from acting as a collector independently of a manufacturer electronic waste program. (J) Any collector or recoverer operating a one-day collection event shall not deliver any collected devices to any county or solid waste authority operating in one or more counties without prior coordination and agreement. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
S.C. Code Ann. § 48-1-340 — SC Code / Title 48 / Chapter 1 / Section 48-1-340
SECTION 48-1-340. False statements, representations or certifications; falsifying, tampering with, or rendering inaccurate monitoring devices or methods.
Status: in_force

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be subject to the civil or criminal provisions contained in this chapter. For the purposes of this section the term "person" shall mean, in addition to the definition contained in SECTION 48-1-10, any responsible corporate officer.
S.C. Code Ann. § 48-60-142 — SC Code / Title 48 / Chapter 60 / Section 48-60-142
SECTION 48-60-142. Registration of recoverers; denial of registration; requirements of recoverers; regulations; violations; penalties.
Status: repealed

Section effective until December 31, 2029. (A) All recoverers that store, consolidate, or process covered devices in the State must register with the department the locations of all storage and processing activities by submitting a $3,000 registration fee and completing and submitting a form as prescribed by the department by November 1, 2022, and by November first of each year thereafter for that program year. (B) The department may deny a registration under this section if the recoverer or any employee or officer of the recoverer has a history of: (1) repeated violations of federal, state, or local laws, regulations, standards, or ordinances related to the collection, recycling, or other management of covered devices; (2) conviction in this State or another state of any crime which is a felony under the laws of this State, or conviction of a felony in a federal court; or conviction in this State or another state or federal court of any of the following crimes: forgery, official misconduct, bribery, perjury, or knowingly submitting false information under any environmental law, regulation, or permit term or condition; or (3) gross carelessness or incompetence in handling, storing, processing, transporting, disposing, or otherwise managing covered devices. (C) The department shall post on the department's website a list of all registered recoverers. (D) Beginning in program year 2023, no person may act as a recoverer of consumer covered devices for a manufacturer's electronic waste program unless the recoverer is registered with the department as required under this section. (E) Beginning in program year 2023, recoverers must, as a part of their annual registration, certify compliance with all of the following requirements: (1) Recoverers must comply with federal, state, and local laws and regulations, including federal and state minimum wage laws, specifically relevant to the handling, processing, and recycling of consumer covered devices and must have proper authorization by all appropriate governing authorities to perform the handling, processing, and recycling. (2) Recoverers must implement the appropriate measures to safeguard occupational and environmental health and safety, through the following: (a) environmental health and safety training of personnel, including training with regard to material and equipment handling, worker exposure, controlling releases, and safety and emergency procedures; (b) an up-to-date, written plan for the identification and management of hazardous materials; and (c) an up-to-date, written plan for reporting and responding to exceptional pollutant releases, including emergencies such as accidents, spills, fires, and explosions. (3) Recoverers must maintain: (a) commercial general liability insurance or the equivalent corporate guarantee for accidents and other emergencies with limits of not less than $1,000,000 per occurrence and $1,000,000 aggregate; and (b) pollution legal liability insurance with limits not less than $1,000,000 per occurrence for companies engaged solely in the dismantling activities and $5,000,000 per occurrence for companies engaged in recycling. (4) Recoverers must maintain on file documentation that demonstrates the completion of an environmental health and safety audit completed and certified by a competent internal and external auditor annually. A competent auditor is an individual who, through professional training or work experience, is appropriately qualified to evaluate the environmental health and safety conditions, practices, and procedures of the facility. Documentation of auditors' qualifications must be available for inspection by department officials and third-party auditors. (5) Recoverers must maintain on file proof of workers' compensation and employers' liability insurance. (6) Recoverers must provide adequate assurance, such as bonds or corporate guarantees, to cover environmental and other costs of the closure of the recoverer's facility, including cleanup of stockpiled equipment and materials. A recoverer must provide, for each storage, consolidation, or processing location, adequate financial assurance to cover third-party removal of all covered devices or waste material from the facility. The financial assurance must be issued in favor of the department and an approved financial assurance mechanism must be submitted prior to beginning storage or processing operations. The registrant must provide continuous coverage for closure until released from financial assurance requirements by the department. (7) Recoverers must apply due diligence principles to the selection of facilities to which components and materials, such as plastics, metals, and circuit boards, from consumer covered devices are sent for reuse and recycling. (8) Recoverers must establish a documented environmental management system that is appropriate in level of detail and documentation to the scale and function of the facility, including documented regular self-audits or inspections of the recoverer's environmental compliance at the facility. (9) Recoverers must use the appropriate equipment for the proper processing of incoming materials as well as controlling environmental releases to the environment. The dismantling operations and storage of consumer covered devices components that contain hazardous substances must be conducted indoors and over impervious floors. Storage areas must be adequate to hold all processed and unprocessed inventory. When heat is used to soften solder and when covered devices components are shredded, operations must be designed to control indoor and outdoor hazardous air emissions. (10) Recoverers must establish a system for identifying and properly managing components, such as circuit boards, batteries, cathode-ray tubes, and mercury phosphor lamps, that are removed from consumer covered devices during disassembly. Recoverers must properly manage all hazardous and other components requiring special handling from consumer covered devices consistent with federal, state, and local laws and regulations. Recoverers must provide visible tracking, such as hazardous waste manifests or bills of lading, of hazardous components and materials from the facility to the destination facilities and documentation, such as contracts, stating how the destination facility processes the materials received. No recoverer may send, either directly or through intermediaries, hazardous wastes to solid nonhazardous waste landfills or to nonhazardous waste incinerators for disposal or energy recovery. For the purpose of these guidelines, smelting of hazardous wastes to recover metals for reuse in conformance with all applicable laws and regulations is not considered disposal or energy recovery. (11) Recoverers must use a regularly implemented and documented monitoring and record-keeping program that tracks total inbound covered devices material weights and total subsequent outbound weights to each destination, injury and illness rates, and compliance with applicable permit parameters including monitoring of effluents and emissions. Recoverers must maintain contracts or other documents, such as sales receipts, suitable to demonstrate: (i) the reasonable expectation that there is a downstream market or uses for designated electronics, which may include recycling or reclamation processes such as smelting to recover metals for reuse; and (ii) that any residuals from recycling or reclamation processes, or both, are properly handled and managed to maximize reuse and recycling of materials to the extent practical. (12) Recoverers must employ industry-accepted procedures for the destruction or sanitization of data on hard drives and other data storage devices. Acceptable guidelines for the destruction or sanitization of data are contained in the National Institute of Standards and Technology's Guidelines for Media Sanitation or those guidelines certified by the National Association for Information Destruction. (F) Each recoverer shall, during each calendar year, transport from each site that the recoverer uses to manage consumer covered devices not less than 75% of the total weight of consumer covered devices present at the site during the preceding calendar year. Each recoverer shall maintain on-site records that demonstrate compliance with this requirement and shall make those records available to the department for inspection and copying. (G) Nothing in this chapter shall prevent a person from acting as a recoverer independently of a manufacturer electronic waste program. (H) Whenever the department determines that a person is in violation of a regulation promulgated pursuant to this section, the department may: (1) issue an order requiring the person to comply with the regulation; (2) bring a civil action for injunctive relief in the appropriate court; or (3) request the Attorney General bring civil or criminal enforcement action pursuant to this section. The department also may impose reasonable civil penalties not to exceed ten thousand dollars, for each day of violation. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board to the court of common pleas, pursuant to the Administrative Procedures Act. (I) A person who wilfully violates a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of the subsection do not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility. (J) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, order, or requirement established pursuant to this section constitutes a separate offense. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
S.C. Code Ann. § 48-4-30 — SC Code / Title 48 / Chapter 4 / Section 48-4-30
SECTION 48-4-30. Governing board; composition; removal; terms; filling vacancies; oath.
Status: in_force

(A) The department must be governed by a board consisting of nonsalaried board members to be appointed and constituted in a manner provided by law. The Governor shall appoint one member to serve as chairman, upon the advice and consent of the Senate. The appointment to chairman is subject to the advice and consent of the Senate, even if the person appointed to serve as chairman is already a current member of the board. (B) All board members must be appointed by the Governor with the advice and consent of the Senate. One member must be appointed from each congressional district of the State. (C) Notwithstanding subsection (B), membership on the board also shall include the at-large board member serving on the board on March 1, 2012. The at-large board member may continue to serve on the board until that board member's term expires, he is removed from the board as provided by law, or he resigns from the board. At the expiration of the at-large board member's term, or upon his removal from or resignation from the board, the provisions of this subsection no longer apply to the composition of the membership of the board. (D) In making appointments, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Board members must possess sound moral character, superior knowledge in the fields of wildlife, marine, and natural resource management, and proven administrative ability. (E) The Governor may remove any board member pursuant to the provisions of Section 1-3-240. (F) Terms of the members must be for four years and until their successors are appointed and qualify. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly. (G) Each board member, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution. (H) Notwithstanding subsection (E), the terms of members representing congressional districts serving on the board on March 1, 2012, shall terminate on the dates provided in this subsection. The terms of the members representing the Fourth and the Sixth Congressional Districts shall expire July 1, 2012. The terms of the members representing the First, Second, Third, and Fifth Congressional Districts shall expire on July 1, 2014. (I) Notwithstanding subsection (E), the initial term of the member representing the Seventh Congressional District shall expire July 1, 2016. Code Commissioner's Note At the direction of the Code Commissioner, the 2012 amendments were read together. The text of the section as amended by Act 279 is set forth above; Act 215 differs from Act 279 only in nonsubstantive respects. Editor's Note 2012 Act No. 215, SECTION 4, provides as follows: "Notwithstanding another provision of law to the contrary, a person appointed to serve, or serving, as a member of the Department of Natural Resources Board to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, as the representative of the district to which he was transferred for the term of office for which he was appointed; however, the appointing authority shall appoint an additional member to the board from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." Effect of Amendment The 2012 amendments rewrote the section.
S.C. Code Ann. § 48-56-20 — SC Code / Title 48 / Chapter 56 / Section 48-56-20
SECTION 48-56-20. Definitions.
Status: in_force

As used in this chapter: (1) "Approval" means a permit, license, or other approval issued by the department under South Carolina environmental law. (2) "Cooperative agreement" means an agreement entered into under Section 48-56-30. (3) "Department" means the South Carolina Department of Health and Environmental Control. (4) "Environmental management system" means an organized set of procedures implemented by the owner or operator of a facility that is based on standards issued by the International Organization for Standardization or an alternative management system or program that is acceptable to the South Carolina Environmental Excellence Program and the department and is designed to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations. (5) "Facility" means any site, including all buildings, equipment, and structures located on a single parcel or on contiguous parcels that are owned or operated by the same person, a manufacturing or natural resource management operation, or any business or local government activity that is regulated under any provision of South Carolina environmental law. (6) "Innovative environmental approaches" means procedures, practices, technologies, or systems that are designed to achieve superior environmental performance when applied by doing one or more of the following: (a) achieving emissions reductions or reductions in discharges of waste that exceed otherwise applicable statutory and regulatory requirements; (b) providing for alternative monitoring, testing, recordkeeping, notification, or reporting requirements that reduce the administrative burden on the department or the participant and providing the information needed to ensure compliance with the cooperative agreement and other applicable provisions of South Carolina environmental law; or (c) achieving natural resource conservation or reductions in the use of natural resources or energy consumption. (7) "Interested person" means a person or a representative of a person who, due to his proximity to a facility, is or may be affected by the activities at the facility that is covered or proposed to be covered by a cooperative agreement. (8) "Performance evaluation" means a systematic, documented, and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental operations of the facility, including an evaluation of compliance with the cooperative agreement covering the facility, approvals that are not replaced by the cooperative agreement and the provisions of South Carolina environmental law for which a participant has not been granted a variance. (9) "Person" means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. (10) "Pollution" means: (a) the presence in the environment of any substance including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination of these in a quantity and of characteristics and duration: (i) as may cause or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure, or degraded; (ii) which is or tends to be injurious to human health or welfare; (iii) which damages property, plant, animal or marine life or use of property; or (b) the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (11) "South Carolina Environmental Excellence Program" means a voluntary program in which facilities are selected for membership based upon their demonstrated commitment to continuous environmental improvement through the use of environmental management systems to achieve pollution prevention and energy and natural resource conservation. (12) "South Carolina environmental law" means all state and federal environmental laws and regulations that the department is authorized to administer and enforce. (13) "Violation" means a violation of a cooperative agreement, of an approval that is not replaced by the cooperative agreement, or of a provision of South Carolina environmental law for which a participant has not received a variance.
S.C. Code Ann. § 48-23-50 — SC Code / Title 48 / Chapter 23 / Section 48-23-50
SECTION 48-23-50. Appointment, qualifications, and duties of State Forester.
Status: in_force

The Commission shall appoint and employ a State Forester, who shall be a technically trained forester with at least two years' experience in technical, practical and administrative work, and shall fix his compensation. The State Forester shall perform all such duties as shall be directed by the Commission and shall be charged with the direction of all matters relative to forestry as authorized by the provisions of SECTIONS 48-23-60 to 48-23-90, subject, however, to the supervision and control of the Commission. The State Forester may be removed by the Commission, if he is, or in the opinion of the Commission becomes, for any cause unsuitable or incompetent.
S.C. Code Ann. § 48-62-20 — SC Code / Title 48 / Chapter 62 / Article 1 / Section 48-62-20
SECTION 48-62-20. Creation of office; purposes; Chief Resilience Officer.
Status: in_force

(A) There is created the South Carolina Office of Resilience. The office shall develop, implement, and maintain the Statewide Resilience Plan and shall coordinate statewide resilience and disaster recovery efforts, including coordination with federal, state, and local governmental agencies, stakeholders, and nongovernmental entities. (B) Additionally, the South Carolina Disaster Recovery Office as established by Executive Order 2016-13 and included within the South Carolina Department of Administration by Executive Order 2018-59 is transferred to, and incorporated into, the South Carolina Office of Resilience. (C) The office shall be governed by a Chief Resilience Officer who shall be appointed by the Governor, with the advice and consent of the Senate. The Chief Resilience Officer shall serve at the pleasure of the Governor. Editor's Note 2020 Act No. 163, SECTION 1.B., provides as follows: "[SECTION 1.]B. (A) As set forth in Section 48-62-20(B), the South Carolina Disaster Recovery Office as established by Executive Order 2016-13 and included within the South Carolina Department of Administration by Executive Order 2018-59 is transferred to, and incorporated into, the South Carolina Office of Resilience. "(B) The South Carolina Disaster Recovery Office, and to the extent necessary, the South Carolina Department of Administration, shall take all necessary actions to accomplish this transfer in accordance with any state and federal laws and regulations. "(C) The employees, authorized appropriations, and assets and liabilities of the South Carolina Disaster Recovery Office also are transferred to and become part of the South Carolina Office of Resilience. "(D) On the effective date of this act, all classified or unclassified personnel employed by the South Carolina Disaster Recovery Office, either by contract or by employment at will, and all permanent or temporary grant employees become employees of the South Carolina Office of Resilience, with the same compensation, classification, and grade level, as applicable. "(E) Any rules or regulations which have been promulgated by the South Carolina Disaster Recovery Office and any applicable contracts entered into by the South Carolina Disaster Recovery Office are continued in full force and effect."
S.C. Code Ann. § 48-39-260 — SC Code / Title 48 / Chapter 39 / Section 48-39-260
SECTION 48-39-260. Policy statement.
Status: in_force

In recognition of its stewardship responsibilities, the policy of South Carolina is to: (1) protect, preserve, restore, and enhance the beach/dune system, the highest and best uses of which are declared to provide: (a) protection of life and property by acting as a buffer from high tides, storm surge, hurricanes, and normal erosion; (b) a source for the preservation of dry sand beaches which provide recreation and a major source of state and local business revenue; (c) an environment which harbors natural beauty and enhances the well-being of the citizens of this State and its visitors; (d) natural habitat for indigenous flora and fauna including endangered species; (2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront; (3) severely restrict the use of hard erosion control devices to armor the beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the department which will provide for the protection of the shoreline without long-term adverse effects; (4) encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach/dune system; (5) promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible; (6) preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped and encourage the purchase of lands adjacent to the Atlantic Ocean to enhance public access; (7) involve local governments in long-range comprehensive planning and management of the beach/dune system in which they have a vested interest; (8) establish procedures and guidelines for the emergency management of the beach/dune system following a significant storm event. Editor's Note 2018 Act No. 173, SECTIONS 1 and 8, provide as follows: "SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'." "SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020." Effect of Amendment 2018 Act No. 173, SECTION 6, in (2), in the second sentence, deleted "to include a gradual retreat from the system over a forty-year period" following "state's beachfront".
S.C. Code Ann. § 48-3-110 — SC Code / Title 48 / Chapter 3 / Section 48-3-110
SECTION 48-3-110. Investment in bonds legal.
Status: in_force

It shall be lawful for all executors, administrators, guardians, committees and other fiduciaries to invest any moneys in their hands in bonds issued under the provisions of this chapter.
S.C. Code Ann. § 48-5-100 — SC Code / Title 48 / Chapter 5 / Section 48-5-100
SECTION 48-5-100. Bonds payable solely from revenue, money, or property of authority; liability on bonds; statements required on face of bonds.
Status: in_force

Bonds issued by the authority do not constitute a debt or a pledge of the faith and credit of this State or its political subdivisions other than the authority, but are payable solely from the revenue, money, or property of the authority as provided for in this chapter. The bonds issued do not constitute an indebtedness of this State within the meaning of a constitutional or statutory limitation. No members of the authority or a person executing bonds of the authority is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this chapter must contain on its face a statement to the effect that: (1) neither this State, nor its political subdivisions, nor the authority is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the authority pledged; (2) neither the faith and credit nor the taxing power of this State, or its political subdivisions, is pledged to the payment of the principal of or interest on the bonds; (3) the authority does not have taxing power.
S.C. Code Ann. § 48-43-600 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-600
SECTION 48-43-600. Filing of claims for damages.
Status: in_force

Any person claiming to have suffered damage as a result of an unlawful discharge under Section 48-43-580 may file a claim pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 48-60-180 — SC Code / Title 48 / Chapter 60 / Section 48-60-180
SECTION 48-60-180. Stakeholder process to explore opportunities to advance solutions for recycling of electronics.
Status: repealed

Section effective until December 31, 2029. The department shall initiate a stakeholder group on June 1, 2026, and provide a report on its findings to the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee and the Chairman of the Senate Agriculture and Natural Resources Committee by January 15, 2027. The stakeholder process shall explore opportunities to advance market-based solutions for the recycling of electronics, operational and financial impacts on local governments and manufacturers, alternatives to Section 48-60-90, and other concerns or recommendations identified by stakeholders and the department. Editor's Note 2022 Act No. 234, SECTION 1.B, provides as follows: "[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
S.C. Code Ann. § 48-46-80 — SC Code / Title 48 / Chapter 46 / Section 48-46-80
SECTION 48-46-80. Adjustment of license fees for Low-Level Radioactive Waste Shallow Land Disposal.
Status: in_force

Pursuant to Section 48-2-10 et seq., the Department of Health and Environmental Control may adjust the radioactive materials license fee for Low-Level Radioactive Waste Shallow Land Disposal in Regulation 61-30 in an amount that will offset changes to its annual operating budget caused by projected increases or decreases in the number of permittees expected to pay fees for Radioactive Waste Transport Permits under the same regulation for shipment of low-level radioactive waste for disposal within the State.
S.C. Code Ann. § 48-62-60 — SC Code / Title 48 / Chapter 62 / Article 1 / Section 48-62-60
SECTION 48-62-60. Disaster relief assistance; requirements.
Status: in_force

(A) Following a federally declared disaster, the Disaster Relief and Resilience Reserve Fund may make available immediate disaster relief assistance to aid resilient rebuilding in affected communities with significant unmet needs. For purposes of this section, disaster relief assistance includes, but is not limited to: (1) financial assistance to state and local governmental entities to provide the nonfederal share for federal disaster assistance programs; (2) infrastructure repairs for homeowners and communities that are not eligible for Community Development Block Grant—Disaster Recovery and other federal funding assistance; (3) loans and grants to local governments in disaster areas that need immediate cash flow assistance; (4) grants to governmental entities and organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code to repair or replace infrastructure or equipment damaged as a result of a natural disaster; and (5) financial assistance for verifiable losses of agricultural commodities due to a natural disaster. (B) Activities completed using disaster relief assistance from the fund shall account for future risks and hazard exposure in order to rebuild in a manner that will reduce the exposure of the community to future hazards and reduce future losses, consistent with the implementation of the Statewide Resilience Plan. (C) In order to qualify for disaster relief assistance, eligible fund recipients must apply to the office and meet all criteria set forth by the office.
S.C. Code Ann. § 48-52-840 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-840
SECTION 48-52-840. Certification using LEED rating system; inspection and monitoring of environmental benefits.
Status: in_force

(A) In order to become certified using a LEED rating system, a major facility project shall register with USGBC prior to filing the first building construction permit application. USGBC shall have the sole discretion in determining whether a major facility project receives certification. (B) All major facility projects that were certified at the LEED Silver standard or higher must be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year following certification. The third-party commissioning agent shall determine whether the building is operating at the standard to which it was originally designed and certified. The third-party commissioning agent shall report its findings to the State Engineer. The report must include, but is not limited to, the building's savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements. If the State Engineer determines that the building is not operating within the spirit of this article, the State Engineer may take appropriate measures to bring the building into compliance. (C) The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed, or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after certification of the major facility project and shall continue for nineteen years thereafter. All data concerning energy and environmental benefits collected pursuant to this section must be made available to the Department of Administration to be compiled and submitted to the General Assembly pursuant to Section 48-52-860.
S.C. Code Ann. § 48-56-160 — SC Code / Title 48 / Chapter 56 / Section 48-56-160
SECTION 48-56-160. Disclosure of records and reports.
Status: in_force

(A) Except as provided in subsection (B), the department shall make any record, report, or other information obtained in the administration of this section available to the public pursuant to the South Carolina Freedom of Information Act. (B) The department shall keep confidential any part of a record, report, or other information obtained in the administration of this section, other than emission data, discharge data, or information contained in a cooperative agreement, upon a showing satisfactory to the department by any person that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in Section 30-4-40, of that person. (C) If the department refuses to release information on the grounds that it is confidential under subsection (B) and a person challenges that refusal, the department shall inform the applicant or participant of that challenge. Unless the applicant or participant authorizes the department to release the information, the applicant or participant shall pay the reasonable costs incurred by this State to defend the refusal to release the information. (D) Subsection (B) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this chapter.
S.C. Code Ann. § 48-20-180 — SC Code / Title 48 / Chapter 20 / Section 48-20-180
SECTION 48-20-180. Manner of giving written notice.
Status: in_force

Whenever written notice must be given by the department, it must be mailed by registered or certified mail to the permanent address of the operator set forth in his most recent application for an operating permit or for a modification of a permit. No other notice is required.
S.C. Code Ann. § 48-62-40 — SC Code / Title 48 / Chapter 62 / Article 1 / Section 48-62-40
SECTION 48-62-40. Creation of committee; membership.
Status: in_force

(A) To aid in the development of the Statewide Resilience Plan, there is created the Statewide Resilience Plan Advisory Committee. The committee must be composed of: (1) the Director of the Department of Natural Resources, or his designee; (2) the Director of the Department of Insurance, or his designee; (3) a representative of the South Carolina Disaster Recovery Office appointed by the Chief Resilience Officer; (4) the Commissioner of Agriculture, or his designee; (5) the Director of the South Carolina Emergency Management Division, or his designee; (6) the Executive Director of the Sea Grant Consortium, or his designee; and (7) the Secretary of the Department of Commerce, or his designee. (B) In addition to the members set forth in subsection (A), the Chief Resilience Officer may add members to the advisory board as he deems necessary and proper. All governmental agencies must cooperate with the advisory board to fulfill its mission.
S.C. Code Ann. § 48-39-250 — SC Code / Title 48 / Chapter 39 / Section 48-39-250
SECTION 48-39-250. Legislative findings regarding the coastal beach/dune system.
Status: in_force

The General Assembly finds that: (1) The beach/dune system along the coast of South Carolina is extremely important to the people of this State and serves the following functions: (a) protects life and property by serving as a storm barrier which dissipates wave energy and contributes to shoreline stability in an economical and effective manner; (b) provides the basis for a tourism industry that generates approximately two-thirds of South Carolina's annual tourism industry revenue which constitutes a significant portion of the state's economy. The tourists who come to the South Carolina coast to enjoy the ocean and dry sand beach contribute significantly to state and local tax revenues; (c) provides habitat for numerous species of plants and animals, several of which are threatened or endangered. Waters adjacent to the beach/dune system also provide habitat for many other marine species; (d) provides a natural healthy environment for the citizens of South Carolina to spend leisure time which serves their physical and mental well-being. (2) Beach/dune system vegetation is unique and extremely important to the vitality and preservation of the system. (3) Many miles of South Carolina's beaches have been identified as critically eroding. (4) Chapter 39 of Title 48, Coastal Tidelands and Wetlands, prior to 1988, did not provide adequate jurisdiction to the South Carolina Coastal Council to enable it to effectively protect the integrity of the beach/dune system. Consequently, without adequate controls, development unwisely has been sited too close to the system. This type of development has jeopardized the stability of the beach/dune system, accelerated erosion, and endangered adjacent property. It is in both the public and private interests to protect the system from this unwise development. (5) The use of armoring in the form of hard erosion control devices such as seawalls, bulkheads, and rip-rap to protect erosion-threatened structures adjacent to the beach has not proven effective. These armoring devices have given a false sense of security to beachfront property owners. In reality, these hard structures, in many instances, have increased the vulnerability of beachfront property to damage from wind and waves while contributing to the deterioration and loss of the dry sand beach which is so important to the tourism industry. (6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system. (7) Inlet and harbor management practices, including the construction of jetties which have not been designed to accommodate the longshore transport of sand, may deprive downdrift beach/dune systems of their natural sand supply. Dredging practices which include disposal of beach quality sand at sea also may deprive the beach/dune system of much-needed sand. (8) It is in the state's best interest to protect and to promote increased public access to South Carolina's beaches for out-of-state tourists and South Carolina residents alike. (9) Present funding for the protection, management, and enhancement of the beach/dune system is inadequate. (10) There is no coordinated state policy for post-storm emergency management of the beach/dune system. (11) A long-range comprehensive beach management plan is needed for the entire coast of South Carolina to protect and manage effectively the beach/dune system, thus preventing unwise development and minimizing man's adverse impact on the system. Editor's Note 2018 Act No. 173, SECTIONS 1 and 8, provide as follows: "SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'." "SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020." Effect of Amendment 2018 Act No. 173, SECTION 5, in (6), in the third sentence, deleted "and encouraging those who have erected structures too close to the system to retreat from it" following "beach/dune system".
S.C. Code Ann. § 48-30-30 — SC Code / Title 48 / Chapter 30 / Section 48-30-30
SECTION 48-30-30. Definitions.
Status: in_force

For purposes of this chapter: A. 1. "Primary forest products" shall mean those products of the tree after they are severed from the stump or separated from the soil and cut or processed to its first roundwood or other product for further conversion and shall include, but are not limited to, whole trees for chipping, whole tree logs, sawlogs, pulpwood, veneer bolts, posts, poles and piling, and stumps. 2. "Processor" shall mean the individual, group, association or corporation that procures primary forest products at their initial point of concentration for conversion to secondary products or for shipment to others for such conversion. 3. "Forest renewal fund" shall mean the special fund established by Chapter 28 of this title. 4. "State Forester" shall mean director of the State Commission of Forestry. 5. "Department of Revenue" shall mean the South Carolina Department of Revenue. B. For the purpose of this chapter, the following shall not be considered "primary forest products": 1. Christmas trees and associated greens. 2. Pine straw. 3. Material harvested from an individual's own land and used by such individual for the construction of fences, buildings or other personal use. 4. Fuelwood harvested for personal use or for use in individual homes.
S.C. Code Ann. § 48-3-60 — SC Code / Title 48 / Chapter 3 / Section 48-3-60
SECTION 48-3-60. Finding of necessity by department prerequisite to undertaking financing of facility.
Status: in_force

Prior to undertaking the financing of any pollution control facility the governing board shall obtain from the Department a finding that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and prevention of air or water pollution.
S.C. Code Ann. § 48-1-70 — SC Code / Title 48 / Chapter 1 / Section 48-1-70
SECTION 48-1-70. Matters which standards for water may prescribe.
Status: in_force

The standards for water adopted pursuant to this chapter may prescribe: (1) The extent, if any, to which floating solids may be permitted in the water; (2) The extent to which suspended solids, colloids or a combination of solids with other substances suspended in water may be permitted; (3) The extent to which organisms of the coliform group (intestinal bacilli) or any other bacteriological organisms may be permitted in the water; (4) The extent of the oxygen which may be required in receiving waters; and (5) Such other physical, chemical or biological properties as may be necessary for the attainment of the objectives of this chapter.
S.C. Code Ann. § 48-46-40 — SC Code / Title 48 / Chapter 46 / Section 48-46-40
SECTION 48-46-40. Fees for disposal of regional and nonregional radioactive waste in regional disposal facilities; disposition of fees; Higher Education Scholarship Grants.
Status: in_force

(A)(1) The office shall approve disposal rates for low-level radioactive waste disposed at any regional disposal facility located within the State. The approval of disposal rates pursuant to this chapter is neither a regulation nor the promulgation of a regulation as those terms are specially used in Title 1, Chapter 23. (2) The office shall adopt a maximum uniform rate schedule for regional generators containing disposal rates that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4) and that do not exceed the approximate disposal rates, excluding any access fees and including a specification of the methodology for calculating fees for large components, generally applicable to regional generators on September 7, 1999. Any disposal rates contained in a valid written agreement that were applicable to a regional generator on September 7, 1999, that differ from rates in the maximum uniform rate schedule will continue to be honored through the term of such agreement. The maximum uniform rate schedule approved under this section becomes effective immediately upon South Carolina's membership in the Atlantic Compact. The maximum uniform rate schedule shall be the rate schedule applicable to regional waste whenever it is not superseded by an adjusted rate approved by the office pursuant to paragraph (3) of this subsection or by special disposal rates approved pursuant to paragraphs (5) or (6)(e) of this subsection. (3) The office may at any time of its own initiative, at the request of a site operator, or at the request of the compact commission, adjust the disposal rate or the relative proportions of the individual components that constitute the overall rate schedule. Except as adjusted for inflation in subsection (4), rates adjusted in accordance with this section, that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4), may not exceed initial disposal rates set by the office pursuant to subsection (2). (4) In March of each year the office shall adjust the rate schedule based on the most recent changes in the most nearly applicable Producer Price Index published by the Bureau of Labor Statistics as chosen by the office or a successor index. (5) In consultation with the site operator, the office or its designee, on a case-by-case basis, may approve special disposal rates for regional waste that differ from the disposal rate schedule for regional generators set by the office pursuant to subsections (2) and (3). Requests by the site operator for such approval shall be in writing to the office. In approving such special rates, the office or its designee, shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, or other relevant factors; provided, however, that the office shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the office under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or the request for proposal containing the special rate is accepted by the regional generator; provided, however, that such special rates when accepted by a regional generator shall be disclosed to the compact commission and to all other regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing this special rate is accepted by the regional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the office, the compact commission, and the regional generators of each special rate that has been accepted by a regional generator, and the office, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the office for a regional generator is lower than a disposal rate approved by the office for regional generators pursuant to subsections (2) and (3) for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the regional generator. Regional generators may enter into contracts for waste disposal at such special rates and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the office and the compact commission each month that no regional generator's disposal rate exceeds any other regional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the office and the compact commission. (6)(a) To the extent authorized by the compact commission, the office on behalf of the State of South Carolina may enter into agreements with any person in the United States or its territories or any interstate compact, state, U.S. territory, or U.S. Department of Defense military installation abroad for the importation of waste into the region for purposes of disposal at a regional disposal facility within South Carolina. No waste from outside the Atlantic Compact region may be disposed at a regional disposal facility within South Carolina, except to the extent that the office is authorized by the compact commission to enter into agreements for importation of waste. The office shall authorize the importation of nonregional waste into the region for purposes of disposal at the regional disposal facility in South Carolina so long as nonregional waste would not result in the facility accepting more than the following total volumes of all waste: (i) 160,000 cubic feet in fiscal year 2001; (ii) 80,000 cubic feet in fiscal year 2002; (iii) 70,000 cubic feet in fiscal year 2003; (iv) 60,000 cubic feet in fiscal year 2004; (v) 50,000 cubic feet in fiscal year 2005; (vi) 45,000 cubic feet in fiscal year 2006; (vii) 40,000 cubic feet in fiscal year 2007; (viii) 35,000 cubic feet in fiscal year 2008. After Fiscal Year 2008, the office shall not authorize the importation of nonregional waste for purposes of disposal. (b) The office may approve disposal rates applicable to nonregional generators. In approving disposal rates applicable to nonregional generators, the office may consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors. (c) Absent action by the office under subsection (b) above to establish disposal rates for nonregional generators, rates applicable to these generators must be equal to those contained in the maximum uniform rate schedule approved by the office pursuant to paragraph (2) or (3) of this subsection for regional generators unless these rates are superseded by special disposal rates approved by the office pursuant to paragraph (6)(e) of this subsection. (d) Regional generators shall not pay disposal rates that are higher than disposal rates for nonregional generators in any fiscal quarter. (e) In consultation with the site operator, the office or its designee, on a case-by-case basis, may approve special disposal rates for nonregional waste that differ from the disposal rate schedule for nonregional generators set by the office. Requests by the site operator for such approval shall be in writing to the office. In approving such special rates, the office or its designee shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors; provided, however, that the office shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the office under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator; provided, however, that such special rates when accepted by a nonregional generator shall be disclosed to the compact commission and to all regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the office, the compact commission, and the regional generators in writing of each special rate that has been accepted by a nonregional generator, and the office, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the office for a nonregional generator is lower than a disposal rate approved by the office for regional generators for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the nonregional generator. Regional generators may enter into contracts for waste disposal at such special rate and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the office and the compact commission each month that no regional generator disposal rate exceeds any nonregional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the office and the compact commission. (B)(1) Effective upon the implementation of initial disposal rates by the office under Section 48-46-40(A), the PSC is authorized and directed to identify allowable costs for operating a regional low-level radioactive waste disposal facility in South Carolina. (2) In identifying the allowable costs for operating a regional disposal facility, the PSC shall: (a) prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators; (b) assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and (c) require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings. The Office of Regulatory Staff shall obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC. (3) Allowable costs include the costs of those activities necessary for: (a) the receipt of waste; (b) the construction of disposal trenches, vaults, and overpacks; (c) construction and maintenance of necessary physical facilities; (d) the purchase or amortization of necessary equipment; (e) purchase of supplies that are consumed in support of waste disposal activities; (f) accounting and billing for waste disposal; (g) creating and maintaining records related to disposed waste; (h) the administrative costs directly associated with disposal operations including, but not limited to, salaries, wages, and employee benefits; (i) site surveillance and maintenance required by the State of South Carolina, other than site surveillance and maintenance costs covered by the balance of funds in the decommissioning trust fund or the extended care maintenance fund; (j) compliance with the license, lease, and regulatory requirements of all jurisdictional agencies; (k) administrative costs associated with collecting the surcharges provided for in subsections (B) and (C) of Section 48-46-60; (l) taxes other than income taxes; (m) licensing and permitting fees; and (n) any other costs directly associated with disposal operations determined by the PSC to be allowable. Allowable costs do not include the costs of activities associated with lobbying and public relations, clean-up and remediation activities caused by errors or accidents in violation of laws, regulations, or violations of the facility operating license or permits, activities of the site operator not directly in support of waste disposal, and other costs determined by the PSC to be unallowable. (4) Within ninety days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. A copy of the application must be provided to the Office of Regulatory Staff. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year. (5) A private operator of a regional disposal facility in South Carolina is authorized to charge an operating margin of twenty-nine percent. The operating margin for a given period must be determined by multiplying twenty-nine percent by the total amount of allowable costs as determined in this subsection, excluding allowable costs for taxes and licensing and permitting fees paid to governmental entities. (6) The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7). A copy of the plan must be provided to the Office of Regulatory Staff. (7)(a) If the office, upon the advice of the compact commission or the site operator, concludes based on information provided to the office, that the volume of waste to be disposed during a forthcoming period of time does not appear sufficient to generate receipts that will be adequate to reimburse the site operator for its costs of operating the facility and its operating margin, then the office shall direct the site operator to propose to the compact commission plans including, but not necessarily limited to, a proposal for discontinuing acceptance of waste until such time as there is sufficient waste to cover the site operator's operating costs and operating margin. Any proposal to suspend operations must detail plans of the site operator to minimize its costs during the suspension of operations. Any such proposal to suspend operations must be approved by the Department of Health and Environmental Control with respect to safety and environmental protection. (b) Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the office from the extended care maintenance fund for its allowable costs and its operating margin. During the suspension funding to reimburse the office, the PSC, and the State Treasurer under Section 48-46-60(B) and funding of the compact commission under Section 48-46-60(C) must also be allocated from the extended care maintenance fund as approved by the office based on revised budgets submitted by the PSC, State Treasurer, and the compact commission. (c) Notwithstanding any disbursements from the extended care maintenance fund in accordance with any provision of this act, the office shall continue to ensure, in accordance with Section 13-7-30, that the fund remains adequate to defray the costs for future maintenance costs or custodial and maintenance obligations of the site and other obligations imposed on the fund by this chapter. (d) The PSC may promulgate regulations and policies necessary to execute the provisions of this section. (8) The PSC may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of identifying allowable costs associated with waste disposal. The PSC may consider standards, precedents, findings, and decisions in other jurisdictions that regulate allowable costs for radioactive waste disposal. (9) In all proceedings held pursuant to this section, the office shall participate as a party representing the interests of the State of South Carolina, and the compact commission may participate as a party representing the interests of the compact states. The Executive Director of the Office of Regulatory Staff and the Attorney General of the State of South Carolina shall be parties to any such proceeding. Representatives from the Department of Health and Environmental Control shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures. (10) In all respects in which the PSC has power and authority under this chapter, it shall conduct its proceedings under the South Carolina Administrative Procedures Act and the PSC's rules and regulations. The PSC is authorized to compel attendance and testimony of a site operator's directors, officers, agents, or employees. (11) At any time the compact commission, the office, or any generator subject to payment of rates set pursuant to this chapter may file a petition against a site operator alleging that allowable costs identified pursuant to this chapter are not in conformity with the directives of this chapter or the directives of the PSC or that the site operator is otherwise not acting in conformity with the requirements of this chapter or directives of the PSC. Upon filing of the petition, the PSC shall cause a copy of the petition to be served upon the site operator. The petitioning party has the burden of proving that allowable costs or the actions of the site operator do not conform. The hearing shall conform to the rules of practice and procedure of the PSC for other cases. (12) The PSC shall encourage alternate forms of dispute resolution including, but not limited to, mediation or arbitration to resolve disputes between a site operator and any other person regarding matters covered by this chapter. (C) The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, and the Office of Regulatory Staff, and the office within thirty days following the end of each quarter a report detailing actual revenues received in the previous fiscal quarter and allowable costs incurred for operation of the disposal facility. (D)(1) Within thirty days following the end of the fiscal year the operator of a regional disposal facility shall submit a payment made payable to the South Carolina Department of Revenue in an amount that is equal to the total revenues received for waste disposed in that fiscal year (with interest accrued on cash flows in accordance with instructions from the State Treasurer) minus allowable costs, operating margin, and any payments already made from such revenues pursuant to Section 48-46-60(B) and (C) for reimbursement of administrative costs to state agencies and the compact commission. The Department of Revenue shall deposit the payment with the State Treasurer. (2) If in any fiscal year total revenues do not cover allowable costs plus the operating margin, the office must reimburse the site operator its allowable costs and operating margin from the extended care maintenance fund within thirty days after the end of the fiscal year. The office shall as soon as practicable authorize a surcharge on waste disposed in an amount that will fully compensate the fund for the reimbursement to the site operator. In the event that total revenues for a fiscal year do not cover allowable costs plus the operating margin, or quarterly reports submitted pursuant to subsection (C) indicate that such annual revenue may be insufficient, the office shall consult with the compact commission and the site operator as early as practicable on whether the provisions of Section 48-46-40(B)(7) pertaining to suspension of operations during periods of insufficient revenues should be invoked. (E) Revenues received pursuant to item (1) of subsection (D) must be allocated as follows: (1) The South Carolina State Treasurer shall distribute the first two million dollars received for waste disposed during a fiscal year to the County Treasurer of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of "payments in lieu of taxes" paid by the United States Department of Energy. (2) All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the "Nuclear Waste Disposal Receipts Distribution Fund". Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the Office of Regulatory Staff, the State Treasurer, and the office for administrative expenses under this chapter. Upon validation of the request and supporting documentation by the State Treasurer, the State Treasurer shall issue a rebate of the applicable funds to qualified waste generators within sixty days of the receipt of the request. If funds in the Nuclear Waste Disposal Receipts Distribution Fund are insufficient to provide a rebate of 33.33 percent to each generator, then each generator's rebate must be reduced in proportion to the amount of funds in the account for the applicable fiscal year. (3) All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the amount needed to provide generators rebates pursuant to item (2), shall be deposited by the State Treasurer in the "Children's Education Endowment Fund". Thirty percent of these monies must be allocated to Higher Education Scholarship Grants and used as provided in Section 59-143-30, and seventy percent of these monies must be allocated to Public School Facility Assistance and used as provided in Chapter 144, Title 59. (F) Effective beginning fiscal year 2001-2002, there is appropriated annually from the general fund of the State to the Higher Education Scholarship Grants share of the Children's Education Endowment whatever amount is necessary to credit to the Higher Education Scholarship Grants share an amount not less than the amount credited to that portion of the endowment in fiscal year 1999-2000. Revenues credited to the endowment pursuant to this subsection, for purposes of Section 59-143-10, are deemed to be received by the endowment pursuant to the former provisions of Section 48-48-140(C). Effect of Amendment 2014 Act No. 121, SECTION 7.FF, substituted "office" for "board" throughout, and made other nonsubstantive changes.
S.C. Code Ann. § 48-14-160 — SC Code / Title 48 / Chapter 14 / Section 48-14-160
SECTION 48-14-160. No liability for damages on part of governmental body or employee; no relief from obligations and liabilities arising from land-disturbing activity.
Status: in_force

Nothing contained in this chapter and no action or failure to act under this chapter may be construed: (1) to impose any liability on the State, department, districts, local governments, or other agencies, officers, or employees thereof for the recovery of damages caused by such action or failure to act; or (2) to relieve the person engaged in the land disturbing activity of the duties, obligations, responsibilities, or liabilities arising from or incident to the operations associated with the land disturbing activity.
S.C. Code Ann. § 48-9-220 — SC Code / Title 48 / Chapter 9 / Article 3 / Section 48-9-220
SECTION 48-9-220. Geographic areas for selection of members of Committee.
Status: in_force

For the purpose of selecting the five soil and water conservation district commissioners to serve as members of the Land, Water, and Conservation Division Advisory Committee, the State is divided into five areas, to wit: (1) Area 1, the counties of Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg and Union; (2) Area 2, the counties of Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland and Saluda; (3) Area 3, the counties of Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro and York; (4) Area 4, the counties of Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter and Williamsburg; and (5) Area 5, the counties of Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper and Orangeburg. Effect of Amendment 2019 Act No. 74, SECTION 4.A, in the first undesignated paragraph, substituted "Land, Water, and Conservation Division Advisory Committee" for "State Land Resources Conservation Commission".
S.C. Code Ann. § 48-59-10 — SC Code / Title 48 / Chapter 59 / Section 48-59-10
SECTION 48-59-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Conservation Bank Act".
S.C. Code Ann. § 48-11-200 — SC Code / Title 48 / Chapter 11 / Section 48-11-200
SECTION 48-11-200. Effect of discontinuance of soil and water conservation district.
Status: in_force

If a soil and water conservation district in which part of a watershed conservation district is situated is discontinued, all supervisory authority over the affairs of the watershed conservation district which previously was exercised by the board of commissioners of the soil and water conservation district must be exercised by the governing bodies of the counties involved.
S.C. Code Ann. § 48-43-580 — SC Code / Title 48 / Chapter 43 / Article 3 / Section 48-43-580
SECTION 48-43-580. Unlawful acts; exceptions; permit for discharge of oil.
Status: in_force

It shall be unlawful, except as otherwise provided in this article, for any person to discharge or cause to be discharged, pollutants into or upon any waters, tidal flats, beaches or lands within this State or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the pollutants or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause. This section shall not apply to discharges of pollutants in the following circumstances: (1) When the discharge was authorized by an existing regulation of the Department. (2) When any person subject to liability under this article proves that a discharge was caused by any of the following: (a) An act of God. (b) An Act of war or sabotage. (c) Negligence on the part of the United States government or the State or its political subdivisions. (d) An act or omission of a third party, whether any such act or omission was or was not negligent; provided, however, nothing herein shall be construed as limiting the liability of such third party. (e) Any act or omission by or at the direction of a law enforcement officer or fireman. Any person who desires or proposes to discharge oil into the land or into the waters of the State shall first make application for and secure a permit from the Department. Application shall be made under such terms and conditions adopted by the Department. Any permit granted pursuant to this section may contain such terms and conditions as the Department shall deem necessary and appropriate to conserve and protect the land or waters of this State and the public interest therein.
S.C. Code Ann. § 48-20-50 — SC Code / Title 48 / Chapter 20 / Section 48-20-50
SECTION 48-20-50. Certificates of exploration.
Status: in_force

A certificate of exploration issued by the department is required for exploration activities in an affected area of two acres or less and involving the development of open pits, trenches, open cuts, or tunneling. A certificate of exploration is not required for exploration activity on an area already covered by an operating permit or for (1) drilling core holes, (2) drilling bore holes, or (3) conducting geophysical and geochemical sampling and analysis. An explorer engaging in exploration regulated pursuant to this section shall make a written application to the department for a certificate of exploration. The application must be on a form furnished by the department and must state fully the information requested. The applicant may be required to furnish other information as may be necessary to the department in order to enforce this chapter adequately. If the explorer does not receive notification of denial of the certificate of exploration within fifteen calendar days of the tendering of the application, the application is approved. If the certificate of exploration is denied, the department shall state the reasons, and the explorer must be given an additional thirty calendar days to either appeal the decision as set forth in Section 48-20-190 or modify its application for reconsideration by the department. The application must be accompanied by a reclamation plan on forms furnished by the department. The department shall approve reclamation plans in accordance with Section 48-20-90. Public notice and public hearing requirements of this chapter do not apply to an application for a certificate of exploration or the processing or granting of the certificate. The department shall treat the application for a certificate of exploration and the certificate, if any, and any material submitted with the application, as confidential trade secrets and proprietary business information of the applicant. The application and the certificate, if any, and any material submitted with the application is exempt from disclosure under the Freedom of Information Act and is not part of the public record. Upon approval of an application for a certificate of exploration, the department shall require a performance bond or other security in an amount, and pursuant to requirements, set forth in Section 48-20-110. An explorer engaging in exploration involving an affected area greater than two acres is required to obtain an operating permit in accordance with the procedures set forth in Sections 48-20-60 and 48-20-70.
S.C. Code Ann. § 48-59-80 — SC Code / Title 48 / Chapter 59 / Section 48-59-80
SECTION 48-59-80. Interests in lands to be held by eligible trust fund recipients; mortgages; insurance; rights of fee simple title owners.
Status: in_force

(A) The interests in lands acquired with funds from the trust fund must be held by an eligible trust fund recipient. (B) The bank may not hold or possess any interest in land or other interest in real property, except for mortgage interests as security for loans made from the trust fund as provided for in subsection (J), and leasehold interests in office space secured for bank operations and staff. (C) The bank and eligible trust fund recipients receiving monies from the trust fund shall retain all records of acquisition of interests in land with trust funds including, but not limited to, surveys, inventories, appraisals, title and title insurance policies, environmental assessments, closing documents, and contracts. (D) The bank must be named as an insured on a title insurance policy acceptable to the board and obtained by the loan recipient for loans it makes to eligible trust fund recipients. The bank must be indemnified as to title in the amount of any grants it makes to eligible trust fund recipients, and this indemnification must be secured by a title insurance policy acceptable to the board and obtained by the grant recipient. These requirements for title insurance and indemnification as to title may be waived by the board in extraordinary cases where insurable title is unobtainable, the risk of adverse claims to title are small, the land in question presents a particularly valuable conservation opportunity according to the purposes of this chapter and the criteria of Section 48-59-70, and the cost of the interest in land acquired reflects the lack of insurable title. (E)(1) After an environmental hazard assessment is completed, if the land in question is found to contain an environmental hazard, no disbursement of trust funds for acquisition shall be granted until the land meets all state and federal environmental law or regulation. (2) In order to identify potential liability pursuant to applicable state or federal environmental law or regulation, an environmental hazard assessment must be conducted on lands before the disbursement of trust funds for the acquisition of an interest in such lands. (F) All interests in lands acquired with trust funds must be held by the eligible trust fund recipient that was approved by the board to acquire the interest in land, except that an interest in land obtained with trust fund money may be assigned from one eligible trust fund recipient to another upon approval of the board by majority vote. (G)(1) The owner of the fee simple title to property upon which a conservation easement was purchased with trust funds, whether the original owner that conveyed the conservation easement or a successor-in-interest, may reacquire and thereby extinguish the conservation easement if that owner or successor-in-interest determines that the conservation easement no longer exhibits the characteristics that qualified it for acquisition with trust funds and the board, by a majority vote, makes a finding of fact agreeing with that contention. For purposes of this reacquisition, the value of the conservation easement is its fair market value, as determined by current appraisal. The owner of the fee simple title to the subject property or an eligible trust fund recipient aggrieved by the decision of the board under this item may appeal to the Administrative Law Court where the matter must be heard as a contested case. (2) If an eligible trust fund recipient acquires fee simple title to land for conservation purposes with trust funds, that land may not be sold, transferred, assigned, alienated, or converted to a use other than the use set forth in the grant or loan award. However, if the eligible trust fund recipient: (a) determines that the land no longer exhibits the characteristics that qualified it for acquisition with trust funds; and (b) the board by a majority vote, makes a finding of fact agreeing with that contention, then the land may be sold, transferred, assigned, alienated, or converted to another use at its fair market value as determined by current appraisal. An eligible trust fund recipient aggrieved by the decision of the board under this item may appeal to the Administrative Law Court where the matter must be heard as a contested case. (H) If any interests in lands that have been acquired by an eligible trust fund recipient with trust funds are extinguished, sold, transferred, assigned, alienated, or converted pursuant to subsection (G) of this section, the eligible trust fund recipient extinguishing, selling, transferring, assigning, alienating, or converting the interests in land shall replace them with interests in land of substantially equal current fair market value, with any deficit being made up by contribution to the trust fund. The replacement land must also exhibit characteristics that meet the criteria of this chapter. The board must verify that suitable replacement interests in lands have been identified and will be obtained before authorizing that any interest in land purchased with monies from the trust fund be extinguished, sold, transferred, assigned, alienated, or converted. Where replacement in whole or in part is impossible, funds realized which are not used for replacement interests in land must be credited to the trust fund. Where funding for an original acquisition was from multiple sources, funds realized must be credited to the trust fund under this subsection in proportion to the contribution that trust funds made to the original acquisition. (I) Interests in land acquired with trust funds must be managed and maintained in order to perpetuate the conservation, natural, historical, open space, and recreational uses or values for which they were originally acquired. Uses which are adverse to the original purposes for which the interests in land were acquired with trust funds are not permitted without securing a: (1) two-thirds vote of the board, following a finding of fact that the land no longer exhibits the characteristics that qualified it for acquisition with funds from the fund; and (2) majority vote of the State Fiscal Accountability Authority. (J) Loans made from the trust fund must be secured by mortgages upon the subject properties. Any funds received from foreclosure proceedings upon these mortgages must be deposited in the trust fund for subsequent distribution as grants or loans according to the provisions of this chapter. Notwithstanding the provisions of subsection (B), the bank may accept a deed in lieu of foreclosure or as a result of foreclosure proceedings, for land in which it held a mortgage interest by virtue of awarding a loan as provided for in this chapter. However, upon receiving such a deed the bank must as soon as practicable either transfer the property to an appropriate eligible trust fund recipient, or sell the land and deposit the proceeds in the trust fund for subsequent distribution as grants or loans according to the provisions of this chapter. If the bank sells the land, it may first donate a conservation easement upon the land to an eligible trust fund recipient before the sale. (K) Where a trust fund grant is used to acquire fee simple title to land, public access, and use of the land must be permitted, with this access and use being subject only to those rules, regulations, permits, or fees as are reasonable and consistent with the conservation purposes for which the land was acquired. (L) Notwithstanding any other provision of this chapter, including requirements for board approval for disposing of interests in land acquired with trust funds, an interest in land acquired with trust funds may be condemned under Chapter 2 of Title 28, the South Carolina Eminent Domain Procedures Act. The proceeds from any such condemnation proceeding must be credited to the trust fund in proportion to the contribution that trust funds made to the original acquisition. 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. § 48-9-640 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-640
SECTION 48-9-640. Subsequent petition if previous determination was against feasibility of district.
Status: in_force

After six months shall have expired from the date of entry of a determination by the department that the operation of a proposed district is not administratively practicable and feasible and a denial of a petition pursuant to such determination, subsequent petitions may be filed as provided in Section 48-9-510 and action taken thereon in accordance with the provisions of this chapter.
S.C. Code Ann. § 48-35-40 — SC Code / Title 48 / Chapter 35 / Section 48-35-40
SECTION 48-35-40. Burning prohibited during periods of emergency.
Status: in_force

No burning shall be carried out during any period which the Governor has declared that an emergency exists in connection with forest fires.
S.C. Code Ann. § 48-23-60 — SC Code / Title 48 / Chapter 23 / Section 48-23-60
SECTION 48-23-60. State Forester to be secretary to commission.
Status: in_force

The State Forester shall serve as the secretary of the Commission and shall be custodian of the books, records and papers of the Commission which he shall keep at the headquarters designated by the Commission.
S.C. Code Ann. § 48-23-270 — SC Code / Title 48 / Chapter 23 / Section 48-23-270
SECTION 48-23-270. Use of revenue for scrub oak eradication, reforestation, timber stand improvement, and harvest cutting in state parks.
Status: in_force

(1) The State Commission of Forestry is hereby authorized to expend annually an amount not to exceed one half the total receipts derived annually from the State parks (sale of timber products only) under the administration of the Commission in order to commence a program not exceeding seven years to carry out scrub oak eradication operations, timber stand improvement and other management activities on State park lands and for the reforestation of such treated areas. Provided, the State Commission of Forestry shall first expand such funds as are derived hereunder for necessary reforestation projects and fixtures within the park from which timber has been cut and only thereafter shall such funds be expended on other State parks. The other half of the total receipts derived annually from the State parks and all unexpended funds, at the end of each fiscal year, heretofore herein authorized to be spent by the State Commission of Forestry for the purposes herein stated, shall be deposited to the general fund of the State. Provided, the State Treasurer shall pay to any county containing State park lands an amount equal to twenty-five per cent of the gross proceeds received by the State in each fiscal year from the sale of timber, pulpwood, and other timber products on such State park lands in any such county, which said payments shall be in lieu of taxes. This provision shall apply to all State park 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 and irrespective of SECTION 48-23-260. Where a particular State park lands lies in more than one county, the funds derived from such State park lands and to be paid by the State Treasurer shall be apportioned on the basis of land acreage involved. All funds distributed under the provision of this section shall be spent upon the approval of a majority of the county legislative delegations, including the Senator. The Commission may enter into contracts with such persons as may be necessary in order to carry out the provisions of this section. All timber shall be cut consistent with good forestry practices and such cutting shall not impair the value of the State parks as to beauty or for recreational purposes and no such timber shall be cut without the approval of the Department of Administration. (2) The program herein authorized shall commence as soon as is practicable after June 8, 1965. Provided, that no expenditures or contracts authorized by this section shall be made without the approval of the Department of Administration. 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. § 48-43-20 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-20
SECTION 48-43-20. Waste and pollution prohibited.
Status: in_force

The waste of oil and gas and the pollution of the water, air or land is prohibited.
S.C. Code Ann. § 48-33-20 — SC Code / Title 48 / Chapter 33 / Section 48-33-20
SECTION 48-33-20. "Forest land" defined.
Status: in_force

For the purpose of this chapter all lands shall be construed as "forest land" which have enough forest growth, standing or down, or have sufficient inflammable debris or grass, outside of corporate limits, to constitute, in the judgment of the State Commission of Forestry, a fire menace to itself or adjoining lands.
S.C. Code Ann. § 48-23-86 — SC Code / Title 48 / Chapter 23 / Section 48-23-86
SECTION 48-23-86. Duties of State Forester and Forestry Commission with respect to forest disasters; development of Forest Disaster Plan.
Status: in_force

The State Forester shall take immediate action upon report of a forest disaster to determine the extent of damage by conducting ground and aerial surveys including photography if necessary. When conditions warrant, the State Forester shall declare that a forest disaster exists and notify the Governor of his action. All necessary resources of the Forestry Commission may be used to assist citizens and local governments on public and private land where life or health is in danger. The Forestry Commission shall also assist other state agencies, utility companies and cooperatives, in the clearing of transportation routes, and power and communication lines. The Forestry Commission shall develop a Forest Disaster Plan to provide for systematic salvage and utilization of all forest products damaged by disasters of all types. This plan shall provide methods to coordinate all forestry community interests and groups to conserve the damaged forest resources of South Carolina, protect the environment and reestablish forests on the damaged areas. After the disaster area has resumed normal status and salvage is completed, the State Forester shall declare the forest disaster over, compile a report of the disaster, and inform the Governor.
S.C. Code Ann. § 48-25-20 — SC Code / Title 48 / Chapter 25 / Section 48-25-20
SECTION 48-25-20. Enactment of fire protection laws by General Assembly.
Status: in_force

The General Assembly may enact fire protection laws to protect the forests in each of the several respective forestry districts of the State as herein enumerated and designated and as authorized and provided by the amendment to SECTION 34 of article III, of the State Constitution of 1895, ratified February 13, 1963, by Act No. 28, "An Act To Ratify The Amendment To Section 34 of Article III Of the Constitution Of This State, Relating To The Prohibition Of Special Laws, So As To Empower The General Assembly To Divide The State Into Forestry Districts And To Enact Legislation For The Protection Of Forestry In The Districts," Acts and Joint Resolutions of the General Assembly of the State of South Carolina, 1963, page 23.
S.C. Code Ann. § 48-28-50 — SC Code / Title 48 / Chapter 28 / Section 48-28-50
SECTION 48-28-50. Powers and duties of State Forester in connection with administration of cost-sharing provisions.
Status: in_force

The State Forester may administer the cost-sharing provisions of this chapter which shall include, but not be limited to, the following duties: 1. Prescribing the requirements for making application for cost-sharing funds. 2. Identifying those approved practices as defined in item 6 of SECTION 48-28-30 which shall be approved for cost-sharing under the provisions of this chapter. 3. Reviewing periodically the cost of forest renewal practices and establishing allowable ranges for cost-sharing purposes for approved practices under varying conditions throughout the State. 4. Determining, prior to approving cost-sharing payments to any landowner, that all proposed practices are appropriate and are comparable in cost to the prevailing cost of those practices. 5. Determining, prior to approving cost-sharing payments, that an approved forest management plan as defined in item 7 of SECTION 48-28-30 for the eligible land has been filed with the State Forester and that the landowner has indicated in writing his intent to comply with the terms of such management plan that related to cost-share payments. 6. Determining, prior to approving cost-sharing payments, that the approved practices for which payment is requested have been completed in a satisfactory manner, conform to the approved forest management plan submitted under item 5 of this section and otherwise meet the requirements of this chapter. 7. Disbursing from the forest renewal fund, comprised of appropriated funds and forest assessment funds, to eligible landowners, cost-sharing payments or satisfactory completion of practices provided for by this chapter and insofar as is practicable disbursing funds equally from the state appropriated funds and the forest renewal assessment funds, until appropriated funds are expended after which expenditures shall come from the forest renewal assessment funds subject to limitations of SECTION 48-28-100. 8. Applying directly funds resulting from slippage as defined in item 10 of SECTION 48-28-30 to the revolving forest renewal fund which shall be available for applying to cost-sharing for additional landowners. 9. Publishing guidelines for implementing this chapter. 10. Initiating recollection of all cost-share payments if a landowner does not meet the requirements of SECTION 48-28-80, for ten years.
S.C. Code Ann. § 48-40-60 — SC Code / Title 48 / Chapter 40 / Section 48-40-60
SECTION 48-40-60. Emergency reserve fund; administration; purpose.
Status: in_force

(A) The initial capitalization of the trust fund in fiscal year 1999-2000 must include an additional appropriation of an amount considered appropriate by the General Assembly from general tax revenues for credit to the trust fund and designated for use to establish an emergency reserve fund for emergency response by the State in rebuilding the beach and dune systems for qualifying public beach areas damaged by storm events. (B) This emergency reserve fund must be administered by the office in consultation with the State Emergency Management Division and impacted municipal, county, and federal officials. (C) Monies in the emergency reserve fund may be carried forward with earned interest. Upon the allocation and commitment of all available emergency reserve funds, the fund must be recapitalized through future appropriations as needed. (D) State funds appropriated for credit to the emergency reserve fund and designated for emergency rebuilding of beach and dune systems damaged by storm events may be used only for that purpose. (E) Funding of emergency projects pursuant to this section does not require matching funds from local entities.
S.C. Code Ann. § 48-27-10 — SC Code / Title 48 / Chapter 27 / Section 48-27-10
SECTION 48-27-10. Definitions.
Status: in_force

(1) "Registered forester" shall mean a person who has registered and qualified under this chapter to engage in professional forestry practices as defined in this section. (2) "Forestry" or "practice of forestry" shall mean any professional service relating to forestry, such as consultation, investigation, evaluation, planning or responsible supervision of forest management, protection, silviculture, measurements, utilization, economics, education, or other forestry activities in connection with any public or private lands. (3) "Board" shall mean the State Board of Registration for Foresters, provided for by this chapter.
S.C. Code Ann. § 48-9-20 — SC Code / Title 48 / Chapter 9 / Article 1 / Section 48-9-20
SECTION 48-9-20. Legislative declaration of purpose.
Status: in_force

It is declared, as a matter of legislative determination: (1) All lands of the State are among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people; improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of lands of this State by wind and water; the breaking of natural grass, plant and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors erosion; the topsoil is being washed and blown from the land; there has been an accelerated washing of sloping lands; these processes of erosion by wind and water speed up with the removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erodible subsoil; failure of any landowner or occupier to conserve the soil and control erosion upon his lands causes a washing of soil and water from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible; (2) The consequences of such soil erosion in the form of soil-washing and soil-blowing are the silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors; the loss of fertile soil and material in dust storms; the piling up of soil on the lower slopes and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon and declining acre yields despite development of scientific processes for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; a blowing and washing of soil into streams which silts over spawning beds and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve, which causes water shortages, intensifies periods of drought and causes crop failures; an increase in the speed and volume of rainfall runoff, causing severe and increasing floods which bring suffering, disease and death; impoverishment of families attempting to farm eroding and eroded lands and damage to roads, highways, railways, farm buildings and other property from floods and from severe dust storms; and losses in navigation, hydroelectric power, municipal water supply, drainage developments, farming and grazing; and (3) To conserve soil and water resources and control or prevent soil erosion and prevent floodwater and sediment damages, and further the conservation, development, utilization, and disposal of water, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued and appropriate soil-conserving and land-use practices and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water be adopted and carried out; among the procedures necessary for widespread adoption are the carrying on of engineering operations, such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater retarding structures, channel improvements, floodways, dikes, ponds, ditches and the like; the utilization of strip cropping, lister furrowing, contour cultivating and contour furrowing; land drainage and drainage control structures, irrigation, seeding and planting of waste, sloping, abandoned or eroded lands in water conserving and erosion preventing plants, trees and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes and other thick growing, soil-holding crops; the addition of soil amendments, manurial materials and fertilizers for the correction of soil deficiencies or for the promotion of increased growth of soil protecting crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erodible areas and areas now badly gullied or otherwise eroded. And it is further declared to be the policy of the General Assembly to provide for the conservation of the soil and water resources of this State and for the control and prevention of soil erosion, and for the prevention of floodwater and sediment damages, and for furthering the conservation, development, utilization, and disposal of water, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, promote recreational development, provide water storage for beneficial purposes, protect the tax base, protect public lands and protect and promote the health, safety and general welfare of the people of this State.
S.C. Code Ann. § 48-43-40 — SC Code / Title 48 / Chapter 43 / Article 1 / Section 48-43-40
SECTION 48-43-40. Matters on which public hearings are held; emergency orders; method of giving notice; rules, regulations, and orders.
Status: in_force

(A) No rule, regulation or order, or amendment thereof, except in an emergency, shall be made by the department without a public hearing upon at least twenty days' notice, exclusive of the date of service. No permit for the construction of a deep water port shall be granted by the department without a public hearing upon at least twenty days' notice, exclusive of the date of service. At least twenty days prior to the invitation for bids for the leasing of state lands for the purpose of oil and gas exploration and production, a public hearing shall be held. The public hearing shall be held at such time and place as may be prescribed by the department, and any interested person shall be entitled to be heard. (B) When an emergency requiring immediate action is found to exist, the department may make an emergency order without notice of hearing, which shall be effective when made. No emergency order shall be effective for more than sixty days. (C) Any notice required by this chapter shall be given by the department. Any such notice, at the election of the department, may be given by any one or more of the following methods: (a) personal service, (b) publication in one or more issues of a newspaper in general circulation in the state capital or of a newspaper of general circulation in the county where the land affected or some part thereof is situated, or (c) by United States mail addressed, postage prepaid, to the last known mailing address of the person or persons affected. The date of service shall be the date on which service was made in the case of personal service, the date of first publication in the case of notice by publication, and the date of mailing in the case of notice by mail. The notice shall be issued in the name of the State, shall be signed by the chairman, secretary or executive director of the department, shall specify the style and number of the proceedings, the time and place of the hearing, and shall briefly state the purpose of the proceeding. Should the department elect to give notice by personal service, such service may be made by an officer authorized to serve process, or by any agent of the department, in the same manner as is provided by law for the service of process in civil action in the courts of the State. Proof of the service by such agent shall be by the affidavit of the agent making personal service. (D) All rules, regulations and orders made by the Department of Health and Environmental Control shall be in writing, shall be entered in full and indexed in books to be kept by the department for that purpose, and shall be public records open for inspection at all times during office hours. In addition, all rules and regulations shall be filed with the Secretary of State. A copy of any rule, regulation or order, certified by any member of the department or the department, under its seal, shall be received in evidence in all courts of this State with the same effect as the original. (E) The department may act upon its own motion or upon the application of any interested person. On the filing of an application concerning any matter within the jurisdiction of the department that requires a hearing, the department shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the application. The department shall make its order within thirty days after the conclusion of the hearing.
S.C. Code Ann. § 48-39-290 — SC Code / Title 48 / Chapter 39 / Section 48-39-290
SECTION 48-39-290. Restrictions on construction or reconstruction seaward of the baseline or between the baseline and the setback line; exceptions; special permits.
Status: in_force

(A) No new construction or reconstruction is allowed seaward of the baseline except: (1) walkways no larger in width than six feet and constructed of wood or other department-approved wood-like material; (2) small wooden decks no larger than one hundred forty-four square feet and constructed of wood or other department-approved wood-like material; (3) fishing piers and associated amenity structures which are open to the public. Those fishing piers with their associated amenity structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated amenity structures that existed on September 21, 1989, and that were privately owned, privately maintained, and not open to the public on that date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions; (4) golf courses for repair and maintenance, and any action taken pursuant to Section 48-39-135; (5) normal landscaping, sandfencing, revegetation of dunes, minor beach renourishment, and dune construction; (6) structures specifically permitted by special permit as provided in subsection (D); (7) existing pools if they are landward of an existing, functional erosion control structure, or device; (8) existing groins, which may be reconstructed, repaired, and maintained. New groins may be allowed only on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be constructed, and existing groins may be reconstructed, only in furtherance of an ongoing beach renourishment effort which meets the criteria set forth in regulations promulgated by the department and in accordance with the following: (a) The applicant shall institute a monitoring program for the life of the project to measure beach profiles along the groin area and adjacent and downdrift beach areas sufficient to determine erosion/accretion rates. For the first five years of the project, the monitoring program must include, but is not necessarily limited to: (i) establishment of new monuments; (ii) determination of the annual volume and transport of sand; and (iii) annual aerial photographs. Subsequent monitoring requirements must be based on results from the first five-year report. (b) Groins may be permitted only after thorough analysis demonstrates that the groin will not cause a detrimental effect on adjacent or downdrift areas. The applicant shall provide a financially binding commitment, such as a performance bond or letter of credit that is reasonably estimated to cover the cost of reconstructing or removing the groin and/or restoring the affected beach through renourishment pursuant to subitem (c). (c) If the monitoring program established pursuant to subitem (a) shows an increased erosion rate along adjacent or downdrift beaches that is attributable to a groin, the department shall require either that the groin be reconfigured so that the erosion rate on the affected beach does not exceed the preconstruction rate, that the groin be removed, and/or that the beach adversely affected by the groin be restored through renourishment. (d) Adjacent and downdrift communities and municipalities must be notified by the department of all applications for a groin project. (e) Nothing in this section shall be construed to create a private cause of action, but nothing in this section shall be construed to limit a cause of action under recognized common law or other statutory theories. The sole remedies, pursuant to this section, are: (i) the reconstruction or removal of a groin; and/or (ii) restoration of the adversely affected beach and adjacent real estate through renourishment pursuant to subitem (c), or both. An adjacent or downdrift property owner who claims a groin has caused or is causing an adverse impact shall notify the department of the impact. The department shall render an initial determination within sixty days of such notification. Final agency action must be rendered within twelve months of notification. An aggrieved party may appeal the decision pursuant to the Administrative Procedures Act. A permit must be obtained from the department for items (2) through (8). However, no permit is required pursuant to this chapter for associated amenity structures constructed on fishing piers if local governmental bodies having responsibility for the planning and zoning authorize construction of those amenity structures. Associated amenity structures do not include those employed as overnight accommodations or those consisting of more than two stories above the pier decking. Associated amenity structures, excluding restrooms, handicapped access features, and observation decks, may occupy no more than thirty-five percent of the total surface area of the fishing pier or be constructed at a location further seaward than one-half of the length of the fishing pier as measured from the baseline. The department, in its discretion, may issue general permits for items (2) and (5) where issuance of the general permit would advance the implementation and accomplishment of the goals and purposes contained in Sections 48-39-250 through 48-39-360. (B) Construction, reconstruction, or alterations between the baseline and the setback line are governed as follows: (1) Habitable structures: (a) New habitable structures: If part of a new habitable structure is constructed seaward of the setback line, the owner must certify in writing to the department that the construction meets the following requirements: (i) The habitable structure is no larger than five thousand square feet of heated space. The structure must be located as far landward on the property as practicable. A drawing must be submitted to the department showing a footprint of the structure on the property, a cross section of the structure, and the structure's relation to property lines and setback lines which may be in effect. No erosion control structure or device may be incorporated as an integral part of a habitable structure constructed pursuant to this section. (ii) No part of the building is being constructed on the primary oceanfront sand dune or seaward of the baseline. (b) Habitable structures which existed on the effective date of Act 634 of 1988 or constructed pursuant to this section: (i) Normal maintenance and repair of habitable structures is allowed without notice to the department. (ii) Additions to habitable structures are allowed if the additions together with the existing structure do not exceed five thousand square feet of heated space. Additions to habitable structures must comply with the conditions of new habitable structures as set forth in subitem (a). (iii) Repair or renovation of habitable structures damaged, but not destroyed beyond repair, due to natural or manmade causes is allowed. (iv) Replacement of habitable structures destroyed beyond repair due to natural causes is allowed after notification is provided by the owner to the department that all of the following requirements are met: a. The total square footage of the replaced structure seaward of the setback line does not exceed the total square footage of the original structure seaward of the setback line. The linear footage of the replaced structure parallel to the coast does not exceed the original linear footage parallel to the coast. b. The replaced structure is no farther seaward than the original structure. c. Where possible, the replaced structure is moved landward of the setback line or, if not possible, then as far landward as is practicable, considering local zoning and parking regulations. d. The reconstruction is not seaward of the baseline unless permitted elsewhere in Sections 48-39-250 through 48-39-360. (v) Replacement of habitable structures destroyed beyond repair due to manmade causes is allowed provided the rebuilt structure is no larger than the original structure it replaces and is constructed as far landward as possible, but the new structure must not be farther seaward than the original structure. (2) Erosion control devices: (a) No new erosion control structures or devices are allowed seaward of the setback line except: (i) structures or devices to protect a public highway that existed on June 25, 1990; and (ii) shoreline perpendicular wingwalls that extend landward at a ninety degree angle from the ends of existing erosion control structures or devices that are consistent in height and composition with the existing erosion control structures to which they are attached subject to any special conditions imposed by the department. (b) Erosion control structures or devices which existed on the effective date of this act must not be repaired or replaced if destroyed: (i) more than eighty percent above grade through June 30, 1995; (ii) more than sixty-six and two-thirds percent above grade from July 1, 1995, through June 30, 2005; (iii) more than fifty percent above grade after June 30, 2005. (iv) Damage to seawalls and bulkheads must be judged on the percent of the structure remaining intact at the time of damage assessment. The portion of the structure or device above grade parallel to the shoreline must be evaluated. The length of the structure or device parallel to the shoreline still intact must be compared to the length of the structure or device parallel to the shoreline which has been destroyed. The length of the structure or device parallel to the shoreline determined to be destroyed divided by the total length of the original structure or device parallel to the shoreline yields the percent destroyed. Those portions of the structure or device standing, cracked or broken piles, whalers, and panels must be assessed on an individual basis to ascertain if these components are repairable or if replacement is required. Revetments must be judged on the extent of displacement of stone, effort required to return these stones to the prestorm event configuration of the structure or device, and ability of the revetment to retain backfill material at the time of damage assessment. If the property owner disagrees with the assessment of a registered professional engineer acting on behalf of the department, he may obtain an assessment by a registered professional engineer to evaluate, as set forth in this item, the damage to the structure or device. If the two assessments differ, then the two engineers who performed the assessments must select a registered professional engineer to perform the third assessment. If the first two engineers are unable to select an engineer to perform the third assessment, the clerk of court of the county where the structure or device lies must make the selection of a registered professional engineer. The determination of percentage of damage by the third engineer is conclusive. (v) The determination of the degree of destruction must be made on a lot by lot basis by reference to county tax maps, unless the structure was constructed prior to Act 634 of 1988 as a single distinct seawall or bulkhead measuring a minimum of one thousand continuous linear feet parallel to the shoreline. The determination of the degree of destruction must be based on the single continuous seawall or bulkhead as a whole for these structures in accordance with Section 48-39-290(B)(2)(b)(iv). (vi) Erosion control structures or devices must not be enlarged, strengthened, or rebuilt but may be maintained in their present condition if not destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii), and (iii). Repairs must be made with materials similar to those of the structure or device being repaired. (c) Erosion control structures or devices determined to be destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii), and (iii) must be removed at the owner's expense. Nothing in this section requires the removal of an erosion control structure or a device protecting a public highway which existed on the effective date of Act 634 of 1988. (d) The provisions of this section do not affect or modify the provisions of Section 48-39-120(C). (e) Subitem (a) does not apply to a private island with an Atlantic Ocean shoreline of twenty thousand, two hundred ten feet which is entirely revetted with existing erosion control devices. Nothing contained in this subitem makes this island eligible for beach renourishment funds. For a private island with an Atlantic Ocean shoreline of twenty thousand, two hundred ten feet which is entirely revetted with existing erosion control devices, the baseline is established for this private island at the landward edge of the erosion control device and the setback line is established twenty feet landward of the baseline. (3) Pools, as defined in Section 48-39-270(12): (a) No new pools may be constructed seaward of the setback line unless the pool is built landward of an erosion control structure or device which was in existence or permitted on the effective date of this act and is built as far landward as practical. (b) Normal maintenance and repair is allowed without notice to the department. (c) If a pool, existing on July 1, 1988, is destroyed beyond repair, as determined by the department pursuant to Section 48-39-270(11), it may be replaced if the owner certifies in writing to the department that: (i) It is moved as far landward as practical. This determination of practicality must include the consideration of local zoning requirements. (ii) It is rebuilt no larger than the destroyed pool. (iii) It is constructed according to acceptable standards of pool construction and cannot be reinforced in a manner so as to act as an erosion control structure or device. (d) If a pool is not destroyed beyond repair as determined by the department pursuant to Section 48-39-270(11) but the owner wishes to replace it, the owner may do so if: (i) The dimensions of the pool are not enlarged. (ii) The construction conforms to sub-subitem (iii) of subitem (c). (4) All other construction or alteration between the baseline and the setback line requires a department permit. However, the department, in its discretion, may issue general permits for construction or alterations where issuance of the general permits would advance the implementation and accomplishment of the goals and purposes of Sections 48-39-250 through 48-39-360. (C)(1) Notwithstanding the provisions relating to new construction, a person, partnership, or corporation owning real property that is affected by the setback line as established in Section 48-39-280 may proceed with construction pursuant to a valid building permit issued as of the effective date of this section. The person, partnership, or corporation may proceed with the construction of buildings and other elements of a master plan, planned development, or planned unit development notwithstanding the setback line established in this chapter if the person, partnership, or corporation legally has begun a use as evidenced by at least one of the following: (a) All building permits have been applied for or issued by a local government before July 1, 1988. (b) There is a master plan, planned development, or planned unit development: (i) that has been approved in writing by a local government before July 1, 1988; or (ii) where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development. (2) However, repairs performed on a habitable structure built pursuant to this section are subject to the guidelines for repairs as set forth in this section. (3) Nothing in this section prohibits the construction of fishing piers or structures which enhance beach access seaward of the baseline, if permitted by the department. (D) Special permits: (1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the department may issue a special permit to the applicant authorizing the construction or reconstruction if the structure is not constructed or reconstructed on a primary oceanfront sand dune or on the active beach and, if the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach if the department orders the removal. However, the use of the property authorized under this provision, in the determination of the department, must not be detrimental to the public health, safety, or welfare. (2) The department's Permitting Committee Coastal Division shall consider applications for special permits. (3) In granting a special permit, the committee may impose reasonable additional conditions and safeguards as, in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360. (4) A party aggrieved by the decision to grant or deny a special permit application may appeal pursuant to Section 48-39-150(D). (E) The provisions of this section and Section 48-39-280 do not apply to an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the federal Rivers and Harbors Act of 1968, as amended by the federal Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Nothing contained in this subsection makes this area ineligible for beach renourishment funds. The baseline determined by the local governing body and the department is the line of erosion control devices and structures and the department retains its jurisdiction seaward of the baseline. In addition, upon completion of a department approved beach renourishment project, including the completion of a sand transfer system if necessary for long-term stabilization, an area under a Section 111 Study becomes subject to all the provisions of this chapter. For the purposes of this section, a beach nourishment project stabilizing the beach exists if a successful restoration project is completed consisting of at least one hundred fifty cubic yards a foot over a length of five and one-half miles, with a project design capable of withstanding a one-in-ten-year storm, as determined by department, and renourishment is conducted annually at a rate, agreed upon by the department and local governing body, equivalent to that which would occur naturally if the navigation project causing the erosion did not exist. If the two parties cannot agree, then the department must obtain the opinion of an independent third party. Any habitable structure located in an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study, which was in existence on September 21, 1989, and was over forty years old on that date and is designated by the local governing body as an historical landmark may be rebuilt seaward of the baseline if it is rebuilt to the exact specifications, dimensions, and exterior appearance of the structure as it existed on that date. Effect of Amendment The 2010 amendment rewrote subparagraph (B)(2)(e). The 2011 amendment, in subsection (A)(3), in the first sentence, inserted "and associated amenity structures, and in the second and third sentences, inserted "amenity"; in subsection (A)(8)(e)(ii), in the second paragraph, deleted "following", and in the third paragraph added the last three sentences. 2016 Act No. 197, SECTION 2, rewrote (A). 2016 Act No. 197, SECTION 4, rewrote (D)(2). 2020 Act No. 129, SECTION 1, rewrote (B)(2)(a), allowing for the placement of shoreline perpendicular wingwalls that extend landward from the ends of existing erosion control structures or devices. 2020 Act No. 178, SECTION 1, rewrote (B)(2)(b)(v).
S.C. Code Ann. § 48-52-860 — SC Code / Title 48 / Chapter 52 / Article 8 / Section 48-52-860
SECTION 48-52-860. Annual report; contents.
Status: in_force

The board annually shall submit a report regarding major facility projects to the General Assembly that includes: (1) the number and types of buildings designed and constructed; (2) the level of certification of each building designed, constructed, or renovated; (3) actual savings in energy costs; (4) a description of all potential environmental benefits, including, but not limited to, water resources savings and the reduction of waste generation; (5) the ability of buildings to continue to operate at the standard to which it was originally certified; (6) the reason for any waiver granted by the State Engineer's Office; and (7) any conflicts or barriers that hinder the effectiveness of this article.
S.C. Code Ann. § 48-9-600 — SC Code / Title 48 / Chapter 9 / Article 5 / Section 48-9-600
SECTION 48-9-600. Final determination as to establishment of district.
Status: in_force

The department shall publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the department shall determine that the operation of such district is not administratively practicable and feasible it shall record such determination and deny the petition. If the department shall determine that the operation of such district is administratively practicable and feasible it shall record such determination and shall proceed with the organization of the district in the manner provided in Sections 48-9-610 to 48-9-630. In making such determination the department shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 48-9-20. The department shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.
S.C. Code Ann. § 48-2-310 — SC Code / Title 48 / Chapter 2 / Article 3 / Section 48-2-310
SECTION 48-2-310. Citation of act.
Status: in_force

This article may be cited as the "Environmental Emergency Fund Act".
S.C. Code Ann. § 48-27-50 — SC Code / Title 48 / Chapter 27 / Section 48-27-50
SECTION 48-27-50. Removal of board members.
Status: in_force

The Governor may remove any member of the Board for misconduct, incompetency, or neglect of duty.