April 30, 2014

Heather McTeer Toney

Regional Administrator

US EPA Region 4

Sam Nunn Atlanta Federal Center

61 Forsyth Street SW

Atlanta, Georgia 30303-8960

Re: South Carolina (SC) Air Quality Implementation Plan (SIP), Nitrogen Dioxide (NO2) 

Infrastructure Certification - Final SIP Submittal

Dear Ms. Toney:

On February 9, 2010, the United States Environmental Protection Agency (EPA) promulgated 

revised national ambient air quality standards (NAAQS) for Nitrogen Dioxide (75 FR 6474). 

With this rule, the EPA set a new 1-hour primary NO2 standard at the level of 100 parts per 

billion (ppb) and retained the current annual average NO2 standard of 53 ppb. Sections 110(a)(1) 

and (2) of the Clean Air Act (CAA)(42 U.S.C. § 7401 et seq.) require all states to submit plans to 

provide for the implementation, maintenance, and enforcement of the NAAQS. Sections 

110(a)(1) and (2) further require states to address basic SIP requirements, including, but not 

limited to the following elements: emissions limits and other control measures, ambient air 

quality monitoring, a program for the enforcement of control measures, adequate resources to 

implement the SIP, and public notification and government consultation. Section 110(a)(1) 

requires states to submit SIPs within three (3) years after promulgation of a new or revised 

NAAQS. On August 11, 2011, the Department of Health and Environmental Control 

(Department or DHEC) submitted a request to EPA Region 4 that the EPA designate each county 

in the State of South Carolina as “attainment” for the 1-hour primary NO2 NAAQS.

On February 28, 2014, the Department published a public notice in the South Carolina State 

Register notifying the public of the proposed NO2 infrastructure SIP certification, and providing 

the public the opportunity to request a public hearing on the proposed NO2 infrastructure SIP 

certification (Attachment C). The Department received no comments regarding this notice. A 

single request for a public hearing was received during the public comment period, but the 

request was later withdrawn. Pursuant to 40 CFR 51.102, if there is no request for a public 

hearing, the Department will not hold a public hearing on the proposed NO2 infrastructure SIP 

certification.
Ms. Toney

SC NO2 Infrastructure SIP Certification

April 30, 2014

Page 2

As outlined in Attachment A to this letter, the Department is certifying to the EPA that the 

Department has addressed the “infrastructure” elements required by Section 110(a)(1) and (2) of 

the CAA pertaining to the attainment of the 1-hour primary NO2 NAAQS in South Carolina.

The Department is providing the SIP Submittal Completeness Criteria Checklist as Attachment 

B; the South Carolina Pollution Control Act (SC Code Section 48-1-10 et seq.) as Attachment D; 

State Agency Rule Making and Adjudication of Contested Cases (SC Code Section 1-23-10 et 

seq.) as Attachment E; and Environmental Protection Fees (SC Regulation 61-30), as Attachment 

F. The Department also certifies that the hard copy files are identical to the electronic copies.

The Department appreciates the assistance provided by your staff regarding the formulation of 

this plan for which EPA approval is requested. Should you or your staff have any questions 

concerning South Carolina’s NO2 infrastructure SIP certification, please contact Myra Reece, 

Chief of the Bureau of Air Quality (BAQ), at (803) 898-4102 or reecemc@dhec.sc.gov.

Sincerely,

Elizabeth A. Dieck

Director of Environmental Affairs

SC DHEC

ec: R. Scott Davis III, Chief, Air Planning Branch, EPA Region 4 (full hardcopy + CD)

Lynorae Benjamin, Chief, Regulatory Development Section, EPA Region 4 

Richard Wong, Regulatory Development Section, EPA Region 4 

Rhonda Thompson, Assistant Bureau Chief, Bureau of Air Quality, SCDHEC

Robert J. Brown, Director, Division of Air Assessment and Regulation, BAQ,

SCDHEC

Maeve Mason, Manager, Regulation and SIP Management Section, BAQ, SCDHEC

Attachment A - South Carolina Certification Clean Air Act Section 110(a)(1) and (2), NO2

 Requirements

Attachment B - SIP Submittal Completeness Criteria Checklist

Attachment C - South Carolina State Register Notice of General Public Interest and Notice 

 of Public Hearing

Attachment D - South Carolina Pollution Control Act (SC Code Section 48-1-10 et seq.)

Attachment E - State Agency Rule Making and Adjudication of Contested Cases (SC Code 

 Section 1-23-10 et seq.)

Attachment F - Environmental Protection Fees (SC Regulation 61-30)
Attachment A 

South Carolina (SC) Certification 

Clean Air Act Section 110(a)(1) and (2) 

1-Hour Nitrogen Dioxide (NO2) Requirements 

Each of the basic or infrastructure requirements is listed below along with the corresponding State statute 

granting the Department the necessary authority to implement each State Implementation Plan (SIP) 

element. 

Emission Limits and Other Control Measures: Section 110(a)(2)(A) of the Clean Air Act (CAA) 

requires SIPs to include enforceable emission limits and other control measures, means or techniques, 

schedules for compliance and other related matters. South Carolina Air Pollution Control Regulation 61-

62.5, Standard No. 2, Ambient Air Quality Standards, includes the national ambient air quality standard 

(NAAQS) for NO2. Regulation 61-62.1, Definitions and General Requirements, addresses required 

control measures, means, and techniques. Section 48-1-50(23) of the 1976 South Carolina Code of Laws, 

as amended (S.C. Code Ann.) provides the Department of Health and Environmental Control 

(Department) with the authority to “Adopt emission and effluent control regulations standards and 

limitations that are applicable to the entire State, that are applicable only within specified areas or zones 

of the State, or that are applicable only when a specified class of pollutant is present.” 

Ambient Air Quality Monitoring/Data System: Section 110(a)(2)(B) of the CAA requires SIPs to 

include provisions to provide for establishment and operation of ambient air quality monitors, collecting 

and analyzing ambient air quality data, and presentation of these data to the EPA upon request. 

Regulation 61.62.5, Standard No. 7, Prevention of Significant Deterioration, addresses ambient 

monitoring requirements for major new source review. The South Carolina Network Description and 

Ambient Air Network Monitoring Plan (the 2012 plan, submitted to EPA on July 18, 2011, as revised and 

superseded), incorporates changes to state Metropolitan Statistical Areas (MSAs), demonstrates 

compliance with NO2 monitoring requirements outlined in 40 CFR part 58, and provides for an ambient 

air quality monitoring system in the State. This Monitoring Plan will be updated as appropriate and the 

following Monitoring Plans, expected to be finalized each mid-year, will continue to update NO2

monitoring as required. S.C. Code Ann. § 48-1-50(14) provides the Department with the necessary 

authority to “Collect and disseminate information on air and water control.” 

Programs for Enforcement of Control Measures and for Construction or Modification of 

Stationary Sources: Section 110(a)(2)(C) of the CAA requires states to include a program that provides 

for enforcement of all SIP measures and the regulation of construction of new or modified stationary 

sources to meet prevention of significant deterioration (PSD) and nonattainment new source review 

(NSR) requirements. Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, and 

Regulation 61-62.5, Standard 7.1, Nonattainment New Source Review, apply to the construction of any 

new major stationary source or any major project at an existing major stationary source. Additionally, 

South Carolina’s PSD permitting program includes the necessary structural permitting requirements 

covering all regulated NSR Pollutants including: NOx as an ozone precursor - SIP approved June 23, 

2011, NSR PM2.5 and PM2.5 increments - SIP-approved April 12, 2013. Regulation 61-62.1, Section II, 

Permit Requirements, also establishes guidelines for minor source permitting which requires “any person 

who plans to construct, alter, or add to a source of air contaminants, including installation of any device 

for the control of air contaminant discharges, shall first obtain a construction permit from the Department 

prior to commencement of construction” and demonstrate that the project will not contribute to a violation 

of the NAAQS. 

The September 13, 2013 Guidance on Infrastructure State Implementation Plan (SIP) Elements under 

Attachment A Page 1 

South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Clean Air Act Sections 110(a)(1) and 110(a)(2), notes that state PSD programs should address greenhouse 

gases (GHGs). The Department is including the requested statements below only to enable timely EPA 

approval. By including statements on GHGs, we are neither implying an agreement with EPA that it is 

appropriate to certify to GHG requirements in a NO2 SIP, nor are we agreeing that this is a reasonable 

precedent for other NAAQS pollutants. The South Carolina General Assembly passed a joint resolution, 

effective June 11, 2010,1 that makes the provisions of the EPA’s Tailoring Rule effective in South 

Carolina. This resolution provides South Carolina with the authority to implement the Tailoring Rule 

thresholds in the Department’s PSD and Title V programs, and the Department is implementing its PSD 

and Title V programs as modified by the Tailoring Rule. On March 4, 2011, the Department requested 

that the EPA remove from consideration that portion of South Carolina’s SIP from which the EPA 

rescinded its previous approval of the PSD program relating to the Tailoring Rule greenhouse gas 

thresholds. S.C. Code Ann. § 48-1-50(10) provides the Department with the authority to “Require to be 

submitted to it and consider for approval plans for disposal system or source or any parts thereof and 

inspect the construction thereof for compliance with the approved plans.” Further, S.C. Code Ann. § 48-1-

50(11) provides the Department with the authority to “Administer penalties as otherwise provided herein 

for violations of this chapter, including any order, permit, regulation or standards.” 

Interstate Pollution Transport: Section 110(a)(2)(D) of the CAA addresses transport. Regarding CAA 

Section 110(a)(2)(D)(i)(I) and (II), the US Court of Appeals for the DC Circuit vacated the Cross State 

Air Pollution Rule (CSAPR) (EME Homer City v. EPA) in August 2012. In this decision, the court 

declared that a state cannot be required to address interstate transport until the EPA has quantified the 

state’s significant contribution to downwind nonattainment or interference with maintenance. Therefore, 

the effect of interstate transport cannot be addressed in this infrastructure SIP until the EPA has 

determined any significant contribution by South Carolina to a downwind nonattainment area or 

interference with maintenance of the 2010 NO2 NAAQS. 

Regarding CAA Section 110(a)(2)(D)(i), relating to PSD, prong 3 South Carolina has a federally 

approved PSD and Nonattainment NSR program (R. 61-62.5 Standards 7 and 7.1) which provide for new 

and modified source preconstruction review and permitting. Regarding 110(a)(2)(D)(i), for the fourth 

prong, related to visibility, South Carolina has a federally approved Region Haze SIP (June 28, 2012, 77 

FR 38509) and has submitted to the EPA a periodic update on December 18, 2012, demonstrating that we 

meet the visibility requirements of the program. 

110(a)(2)(D)(ii) - Interstate Pollution Abatement and International Air Pollution

Element 110(a)(2)(D)(ii) is satisfied when an infrastructure SIP ensures compliance with the applicable 

requirements of CAA sections 126(a), 126(b) and (c), and 115. 

Requirements of CAA section 126(a) are met by the aforementioned federally approved PSD and NSR 

Regulations 61-62.5 Standards 7 and 7.1 (q)(2)(iv), Public Participation, which requires the Department 

to notify air agencies whose lands may be affected by emissions from each new or modified major source 

if it may significantly contribute to levels of pollution in excess of a NAAQS in any air quality control 

region outside of the state. 

Concerning sections 126 (b), 126(c), and 115, no source or sources within South Carolina are the subject 

of an active finding under section 126 or 115 of the CAA with respect to any NAAQS.2

 

1

 H. J. R. 4888, 118th Session (S.C. 2010) 2 The Department certifies that the requirements of 110(a)(2)(D)(ii) also apply and have been met for the 2008 lead and 

ozone NAAQS infrastructure SIPs, which were submitted on September 20, 2011, and July 17, 2012, respectively.

Attachment A Page 2 

South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Adequate Resources and Authority, Conflict of Interest, and Oversight of Local Governments and 

Regional Agencies: 

 

 Section 110(a)(2)(E)(i) of the CAA requires states to provide for adequate personnel, funding and 

legal authority under state law to carry out SIP and related issues. The Department is provided its 

legal authority to establish a SIP and implement related plans, in general, under S.C. Code Ann. 

Section 48, Title 1. Specifically, S.C. Code Ann. § 48-1-50(12) (et seq.) grants the Department 

the authority to, “Accept, receive and administer grants or other funds or gifts for the purpose of 

carrying out any of the purposes of this chapter; accept, receive and receipt for Federal money 

given by the Federal government under any Federal law to the State of South Carolina for air or 

water control activities, surveys or programs.” S.C. Code Ann. Section 48, Title 2, grants the 

Department authority to establish environmental protection funds. Additionally, Regulation 61-

30, Environmental Protection Fees, provides the Department with the ability to assess fees for 

environmental permitting programs. The Department implements the SIP in accordance with the 

provisions on S.C. Code Ann. § 1-23-40 and S.C. Code Ann. Section 48, Title 1. 

 Section 110(a)(2)(E)(ii) of the CAA requires that state SIPs include conflict of interest provisions 

for state boards that oversee CAA permits and enforcement orders. As per the South Carolina 

Ethics Reform Act of 1991, S.C. Code Ann. Section 8-13-700(B)(1)-(5) provides for disclosure 

of any conflicts of interest by public official, public members or public employee, which meets 

the requirement of CAA Section 128(a)(2) that "any potential conflicts of interest ... be 

adequately disclosed." S.C. Code Ann. Section 8-13-700(B)(1)-(5) provides for disclosure of any 

conflicts of interest by public official, public members or public employee, which meets the 

requirement of CAA Section 128(a)(2) that "any potential conflicts of interest ... be adequately 

disclosed." 

 Section 110(a)(2)(E)(iii) of the CAA requires that state SIPs include necessary assurances that, 

where the state has relied on a local or regional government, agency, or instrumentality for the 

implementation of any plan provision, the state has responsibility for ensuring adequate 

implementation of such plan provision. Because SC does not have any local or regional 

governments responsible for implementing any portion of the CAA, no statutes or regulations are 

necessary to meet this requirement. 

Stationary Source Monitoring and Reporting: Section 110(a)(2)(F) of the CAA requires states to 

establish a system to monitor emissions from stationary sources and to submit periodic emissions reports. 

Regulation 61-62.1, Section III, Emissions Inventory3

, provides for an emission inventory plan that 

establishes reporting requirements for various pollutants (including NO2) from permitted facilities on 

annual or three year cycles, depending on emission levels and nonattainment area status. Further, S.C. 

Code Ann. § 48-1-22 provides the Department with the necessary authority to “Require the owner of 

operator of any source or disposal system to establish and maintain such operational records; make 

reports; install, use and maintain monitoring equipment or methods; samples and analyze emissions or 

discharges in accordance with prescribed methods, at locations, intervals, and procedures as the 

Department shall prescribe; and provide such other information as the Department reasonably may 

require.” 

Emergency Powers: Section 110(a)(2)(G) of the CAA requires states to provide for authority to address 

activities causing imminent and substantial endangerment to public health, including contingency plans to 

implement the emergency episode provisions in their SIPs. Regulation 61-62.3, Air Pollution Episodes, 

 

3

 On June 14, 2010, the Department submitted a SIP revision to EPA for amendments to R. 61-62.1 that 

incorporated the provisions of the rule known as the Air Emissions Reporting Requirements (AERR) (73 FR 76540, 

December 17, 2008). 

Attachment A Page 3 

South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
requires that the Department provide for contingency measures when air pollution episode or exceedance 

that may lead to substantial threat to the health or persons in the State or region. S.C. Code Ann. § 48-1-

290 grants the Department the authority as follows: 

“Whenever the Department finds that an emergency exists requiring immediate action to 

protect the public health or property, the Department, with concurrent notice to the 

Governor, may without notice or hearing issue an order reciting the existence of such an 

emergency and requiring that such action be taken as the Department deems necessary to 

meet the emergency. Such order shall be effective immediately. Any person to whom 

such order is directed shall comply therewith immediately, but an application to the 

Department or by direction of the Governor shall be afforded a hearing within forty-eight 

hours. On the basis of such hearing the Department shall continue such order in effect, 

revoke it or modify it. Regardless of whether a hearing is held, the Department shall 

revoke all emergency orders as soon as conditions or operations change to the extent that 

an emergency no longer exists.” 

S.C. Code Ann. § 1-23-130 provides the Department with the authority to establish emergency 

regulations. 

SIP Revisions: Section 110(a)(2)(H) of the CAA requires states to have the authority to revise their SIPs 

in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in 

response to an EPA finding that the SIP is substantially inadequate. S.C. Code Ann. Section 48, Title 1, 

provides the Department the necessary authority to revise the SIP to accommodate changes in the 

NAAQS. 

Plan Revisions for Nonattainment Areas: Section 110(a)(2)(I) of the CAA requires states to meet the 

requirements of Part D of the CAA if the EPA designates part of the state as nonattainment. S.C. Code 

Ann. Section 48, Title 1, provides the Department the necessary authority to revise the SIP to 

accommodate the requirements of Part D of the CAA. Per the September 2013 guidance, states are not 

required to address the section 110(a)(2)(I) infrastructure requirements related to the nonattainment 

planning requirements of part D, Title I of the CAA. This element is not governed by the three year 

submission deadline of section 110(a)(1) but rather section 172. 

Consultation with Government Officials: Section 110(a)(2)(J) of the CAA requires States to provide a 

process for consultation with local governments and Federal Land Managers (“FLM”) carrying out 

NAAQS implementation requirements pursuant to section 121 of the CAA relating to consultation. 

Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, as well as provisions in 

separate implementation plans (such as the five-year review process under the Regional Haze 

Implementation Plan, which allows for consultation between appropriate state, local, and tribal air 

pollution control agencies as well as the corresponding FLMs) provide for continued consultation with 

government officials. Additionally, S.C. Code § 48-1-50(8) provides the Department with the necessary 

authority to “Cooperate with the governments of the United States or other states or State agencies or 

organizations, officials, or unofficial, in respect to pollution control matters or for the formulation of 

interstate pollution control compacts or agreements.” 

Public Notification: Section 110(a)(2)(J) of the CAA further requires states to notify the public if 

NAAQS are exceeded in an area, and to enhance public awareness of measures that can be taken to 

prevent exceedances. Regulation 61-62.3, Air Pollution Episodes, requires that the Department notify the 

public of any air pollution episode or exceedance. S.C. Code Ann. § 48-1-60 established that, 

“Classification and standards of quality and purity of the environment [are] authorized after notice and 

hearing.” 

Attachment A Page 4 

South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
In addition, the Department’s website is updated and maintained by staff dedicated to analyzing 

monitoring values and trends. Daily forecasts for ozone and PM2.5 levels are also included on the 

Department’s website. These features of the website allow the public to monitor current and long term air 

quality and see how one year compares to previous years. The Regulation and SIP management section in 

the Department’s Bureau of Air Quality posts regulatory notices and news to the Department’s website as 

well as sends emails to list serves which can be joined by anyone in the public. Further, the Department 

remains committed to notifying the public in any instance where NAAQS are exceeded in an area or 

when pollution levels become dangerous, using outreach efforts to enhance public awareness of measures 

that can prevent such exceedances, and of ways in which the public can participate in regulatory and other 

efforts to improve air quality. 

PSD and Visibility Protection: Section 110(a)(2)(J) of the CAA also requires the state to meet 

applicable requirements of part C related to PSD and visibility protection. Regulation 61.62.5, Standard 

No. 7, Prevention of Significant Deterioration, and the Regional Haze SIP address visibility protection. 

Our discussion of PSD and visibility under prongs 3 and 4 of Section 110(a)(2)(D) also applies to this 

section. 

Air Quality Modeling and Submission of Modeling Data: Section 110(a)(2)(K) of the CAA requires 

that SIPs provide for performing air quality modeling so that effects on air quality emissions from 

NAAQS pollutants can be predicted and submission of such data to the EPA can be made. Regulation 61-

62.1, Definitions and General Requirements, provides for the reporting of all emissions necessary to 

conduct modeling; Regulation 61-62.5, Standard No. 2, Ambient Air Quality Standards, and Standard No. 

7, Prevention of Significant Deterioration, (as adopted in the SIP) requires that air modeling be conducted 

to determine permit applicability. This data is submitted to the EPA during the PSD application and 

review process. As such, the state’s permitting and reporting requirements provide the necessary tools to 

conduct, evaluate, and provide air quality modeling data if necessary. Further S.C. Code Ann. § 48-1-

50(14) provides the Department with the necessary authority to “Collect and disseminate information on 

air and water control.” As such, the Department has the infrastructure needed to (1) conduct air quality 

modeling to predict the effect on ambient air quality of any emissions of any air pollutant for which a 

NAAQS has been promulgated, and (2) provide such modeling data to the EPA Administrator upon 

request. 

Permitting Fees: Section 110(a)(2)(L) of the CAA requires SIPs to require each major stationary source 

to pay permitting fees to cover the costs of reviewing, approving, implementing, and enforcing a permit. 

Pursuant to S.C. Code Ann. § 48-2-50 (1993), the Department shall charge fees for environmental 

programs it administers pursuant to federal and state laws and regulations including those that govern the 

costs to review, implement and enforce PSD and NNSR permits. Regulation 61-30, Environmental 

Protection Fees, prescribes fees applicable to applicants and holders of permits, licenses, certificates, 

certifications, and registrations, establishes procedures for the payment of fees, provides for the 

assessment of penalties for nonpayment, and establishes an appeals process for refuting fees. This 

regulation may be amended as needed to meet the funding requirements of the State’s permitting 

program. 

The State currently has a Title V program, Regulation 61-62.70, Title V Operating Permit Program, 

which implements and enforces the requirements of PSD and NNSR for facilities once they begin 

operation.4

 

4 The Department certifies that the requirements of 110(a)(2)(L) also apply and have been met for the 2008 lead and ozone 

NAAQS infrastructure SIPs, which were submitted on September 20, 2011, and July 17, 2012, respectively.

Attachment A Page 5 

South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Consultation and Participation by Affected Local Entities: Section 110(a)(2)(M) of the CAA requires 

states to provide for consultation and participation in SIP development by local political subdivisions 

affected by the SIP. Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, (as 

adopted by the SIP) requires that the Department notify the public of the application, preliminary 

determination, degree of incremental consumption, and the opportunity for comment prior to making a 

final permitting decision. Likewise, S.C. Code Ann. § 48-1-50(8) allows the Department to “Cooperate 

with the governments of the United States or other states or state agencies or organizations, official or 

unofficial, in respect to pollution control matters or for the formulation of interstate pollution control 

compacts or agreements.” Other provisions regarding public hearings and the regulation-development 

process are included in S.C. Code Ann. Section 48, Title 1 in general, and S.C. Code Ann. § 1-23-40 (the 

Administrative Procedures Act). 

Together these items, along with South Carolina's existing Air Quality State Implementation Plan, address 

the necessary elements of section 110(a)(1) and (2) of the CAA. 

Attachment A Page 6 

South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Attachment A Page 1 

South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 

Attachment B 

SIP Submittal Completeness Criteria Checklist 

South Carolina NO2 Infrastructure SIP 

Date: April 28, 2014 Subject: Confirmation of 110(a)(2)(A)-(M) NO2 Infrastructure Elements of South Carolina SIP 

Section 110(a) element Element/CAA Text Statute How Addressed in SIP §110(a)(2)(A) 

Emissions limits and other control measures “...include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this chapter.” 

Pollution Control Act, S.C. Code Ann. § 48-1-50(23) (et seq.)

Regulation 61-62.5, Standard No. 2, Ambient Air Qu

and General Requirements (Initial EPA approval: 12Regulation 61-62.1, Definitions and General Require(Initial EPA approval: 5/31/72) Regulation 61-30, Environmental Protection Fees (Promulgated 6/23/1995) (state-only regulation)

§110(a)(2)(B) 

Ambient air quality monitoring/data system “...provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to- (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator” 

S.C. Code Ann. § 48-1-50(14) (et seq.)

Regulation 61-62.5, Standard No. 7, Prevention of 

Significant Deterioration (Initial EPA approval: 2/10The South Carolina monitoring network (2014 monitplan submitted to EPA July 2013) 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element 

§110(a)(2)(C) 

Program for Enforcement and Control Measures and for Construction or Modification of Stationary Sources “...include a program to provide for the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D of this subchapter;” “any person who plans to construct, alter, or add to a source of air contaminants, including installation of any device for the control of air contaminant discharges, shall first obtain a construction permit from the Department prior to commencement of construction” ...and “no permit to construct or modify a source will be issued if emissions interfere with attainment or maintenance of any state or federal standard.” 

S.C. Code Ann. § 48-1-50(10) (et seq.)

Regulation 61-62.5, Standard No. 7, Prevention of 

Significant Deterioration (Initial EPA approval: 2/10Regulation 61-62.5, Standard No. 7.1, NontattainmenSource Review (Initial EPA approval:1/14/77) R. 61-62.1, Section II , Permit Requirements

Attachment A Page 2 South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element 

§110(a)(2)(D) 

Interstate Pollution Transport “contain adequate provisions—  (i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will--  (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or  (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, 

Interstate Pollution Abatement and International Air Pollution 

 (ii) insuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement);” 

S.C. Code Ann. § 48-1-10 (et seq.) 

Regulation 61-62.96, Nitrogen Oxides (NOX) 

 And Sulfur Dioxide (SO2) Budget Trading Program 

approval: 4/3/2013) Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration (EPA approval: 2/10/82), a

Standard No. 7.1, Nonattainment New Source Review 

approval:1/14/77) The SC Regional Haze Implementation Plan (Limiteapproval 6/28/2012), periodic update submitted to EP12/18/2012 No source or sources within SC are the subject of an finding under section 126 or 115 of the CAA with reany NAAQS 

Attachment A Page 3 South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element 

§110(a)(2)(E)(i) 

Adequate Resources and Authority, Conflict of Interest, and Oversight of Local Governments and Regional Agencies “...provide  (i) necessary assurances that the state (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof);”

S.C. Code Ann. § 48-1-50(12) (et 

seq.) Environmental Protection Fund Act of 1993, S.C. Code Ann. § 48-1-50 (et seq.) 

These elements, 110(a)(2)(E)(i-iii), are met when the does a completeness determination for each SIP submEach submittal provides for adequate personnel, fundand legal authority under State Law to carry out their and related issues. This information is understood and contained in all prehearing and final SIP submittal packages in the hirecord of the rule. SC does not have any local agencithese requirements would affect. Regulation 61-30, Environmental Protection Fees

(Promulgated 6/23/95 S.C. State Register Document 1822.). 

§110(a)(2)(E)(ii) 

“(ii) requirements that the state comply with the requirements respecting state boards under section 128, and” 

S.C. Code Ann. § 48-1-10 (et seq.) 

§110(a)(2)(E)(iii) 

“(iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision;” 

S.C. Code Ann. § 48-1-10 (et seq.) 

Not applicable. SC has no local or regional governmimplementing the requirements of the CAA. 

Attachment A Page 4 South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element 

§110(a)(2)(F) 

Stationary Source Monitoring and Reporting “...require, as may be prescribed by the Administrator—  (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and  (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection; “ 

S.C. Code Ann. § 48-1-50 (22) (et seq.) 

Regulation 61-62.1, Definitions and General Require

(Initial EPA approval: 5/31/72) On 6/14/2010, the Department submitted a SIP revisithe EPA for amendments to R. 61‐62.1 that incorporaprovisions of the rule known as the Air Emissions ReRequirements (AERR) (73 FR 76540, 12/17/2008). 

§110(a)(2)(G) 

Emergency Powers “...provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority;” 

S.C. Code Ann. § 48-1-290 (et seq.) 

Administrative Procedures Act, S.C. Code Ann. § 1-23-130 (et seq.) 

Regulation 61-62.3, Air Pollution Episodes (Initial Eapproval: 5/31/72) 

Attachment A Page 5 South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element 

§110(a)(2)(H) 

SIP Revisions “...provide for revision of such plan—  (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and  (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act;” 

S.C. Code Ann. § 48-1-10 (et seq.) 

This information typically comes in the cover letter oSIP submission and is verified under the completenecriteria for SIP submittals. 

§110(a)(2)(I) 

Plan Revisions for Nonattainment Areas “...in the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas);” 

S.C. Code Ann. § 48-1-10 (et seq.) 

Extant SIPs meet this requirement. It is accomplishethrough (1) the SIP submittals and subsequent approvthose plans redesignating areas to attainment and (2) to maintenance plans. There have been no previous nonattainment areas for 

South Carolina. 

§110(a)(2)(J) (§ 121 consultation) 

Consultation with Government Officials “...meet the applicable requirements of section 121 (relating to consultation),” 

S.C. Code Ann. § 48-1-50(8) (et seq.)

Regulation 61-62.5, Standard No. 7, Prevention of 

Significant Deterioration (Initial EPA approval: 2/10

Attachment A Page 6 South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element 

§110(a)(2)(J) (Section 127 public notification) 

Public Notification “...meet the applicable requirements of section 127 of this title,” 

S.C. Code Ann. § 48-1-60 (et seq.). 

Regulation 61-62.3, Air Pollution Episodes (Initial E

approval: 5/31/72) SCDHEC Website, email list serves, and outreach ef

§110(a)(2)(J) (PSD) 

PSD and Visibility Protection “...meet the applicable requirements of ... part C (relating to prevention of significant deterioration of air quality and visibility protection);” 

S.C. Code Ann. § 48-1-10 (et seq.) 

Regulation 61-62.5, Standard No. 7, Prevention of 

Significant Deterioration (EPA approval: 2/10/82) 

The SC Regional Haze Implementation Plan (Limiteapproval 6/28/2012)

§110(a)(2)(K) 

Air Quality Modeling and Submission of Modeling Data 

“...provide for:  (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and  (ii) the submission, upon request, 

of data related to such air quality modeling to the Administrator;” 

S.C. Code Ann. § 48-1-10 (et seq.) 

Regulation 61-62.1, Definitions and General Require(Initial EPA approval: 5/31/72) Regulation 61-62.5, Standard No. 2, Ambient Air Qu

Standards (Initial EPA approval: 12/28/78) Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration (Initial EPA approval: 2/10S.C. Code Ann. § 48-1-50(14)

Attachment A Page 7 South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element 

§110(a)(2)(L) 

Permitting Fees 

“...require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover—  (i) the reasonable costs of reviewing and acting upon any application for such a permit, and 

 (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V;” 

S.C. Code Ann. § 48-2-50 (et seq.)

State only Regulation 61-30, Environmental Protecti

(Promulgated 6/23/95 S.C. State Register Document 1822) Regulation 61-62.70, Title V Operating Permit Prog

§110(a)(2)(M) 

Consultation and Participation by Affected Local Entities “...provide for consultation and participation by local political subdivisions affected by the plan.” 

S.C. Code Ann. § 48-1-50(8) (et seq.) S.C. Code Ann. §1-23-40 (et seq.) 

Regulation 61-62.5, Standard No. 7, Prevention of 

Significant Deterioration (EPA approval: 2/10/82), 

– Nonregulatory Provisions -Transportation Conformity SIP (EPA approval 7/28-Early Action Compacts and Attainment Demonstrat(EPA approval 8/26/2005) -The Regional Haze Implementation Plan (Limited Eapproval 6/28/2012) -Charlotte-Gastonia-Rock Hill, NC-SC (York Countyportion of Metrolina Area) Attainment Demonstratio-Cherokee County 110 (a) (1) Maintenance Plan (EPapproval 6/1/2009)

Attachment A Page 8 South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element 

§§110(a)(2)(C) & 110(a)(2)(J) 

Part C Permit program: §110(a)(2)(J) meet the applicable requirements of ... part C (relating to prevention of significant deterioration of air quality and visibility protection); §110(a)(2)(C) ... regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; 40 CFR 51.166: Amend PSD regulations as required by the November 29, 2005 final rule (70 FR 71612 at 71699-71700). See also 70 FR 71671-71684. 

S.C. Code Ann. § 48-1-10 (et seq.) 

Regulation 61-62.5, Standard No. 7, Prevention of 

Significant Deterioration (Initial EPA approval: 2/10

Regulation 61-62.3, Air Pollution Episodes (Initial Eapproval: 5/31/72) The SC Regional Haze Implementation Plan (Limiteapproval 6/28/2012).

Attachment A Page 9 South Carolina Air Quality Implementation Plan, NO2 Certification 

April 30, 2014 
 

Attachment C 

South Carolina State Register Notice of General Public Interest 

and Notice of Public Hearing 
 NOTICES 17

 Section 15-41-30. Property Exempt from Attachment, Levy, and Sales. 

Subsection Amount Specified Adjusted for 

 as of May 22, 2008 Inflation 1/ 

 1 $50,000 $58,225 

 $100,000 $116,450 

 2 $5,000 $5,825 

 3 $4,000 $4,650 

 4 $1,000 $1,175 

 5 $5,000 $5,825 

 6 $1,500 $1,750 

 7 $5,000 $5,825 

 8 Unspecified 

 9 $4,000 $4,650 

 10 Unspecified 

 11 Unspecified 

 12 Unspecified 

 13 Unspecified 

 14 Unspecified 

Notes: All calculations made by the Economic Research Section of the Office of 

 Research and Statistics of the State Budget and Control Board. 

 1/ Dollar amounts are adjusted by the change in the Southeastern Consumer Price Index, All Urban 

 Consumers, for the most recent year ending immediately before January first preceding July first, and 

 rounded to the nearest twenty-five dollars (Section 15-41-30 (B)). 

Sources: U.S. Department of Labor, Bureau of Labor Statistics; Legislative Printing and Information 

Technology Systems (Act 225 of 2007, H.B.3816). 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

NOTICE OF GENERAL PUBLIC INTEREST 

NOTICE OF FINAL AMENDMENT TO AIR QUALITY STATE IMPLEMENTATION PLAN 

Statutory Authority: S.C. Code Sections 48-1-10 et seq. 

The South Carolina Department of Health and Environmental Control (Department) is publishing this Notice of 

General Public Interest to provide interested persons the opportunity to comment on the Department’s response 

to meet obligations to the U.S. Environmental Protection Agency (EPA) for the National Ambient Air Quality 

Standards (NAAQS) for Nitrogen Dioxide (NO2). The Department proposes to address the requirements under 

sections 110(a)(1) and (2) of the Clean Air Act (CAA) for State Implementation Plans (SIP) known as 

infrastructure SIP certification. These requirements were developed to assure attainment and maintenance of the 

NAAQS. To be considered, the Department must receive comments by 5:00 p.m. on March 31, 2014, the close 

of the comment period. 

The Department is also providing the public with the opportunity to request a public hearing on the issue. If 

requested, the Department will hold a public hearing on April 7, 2014, at 2:00 p.m., in the Wallace Room of the 

Sims Building, 2600 Bull Street, Columbia, South Carolina. The Department invites the public to attend. 

Attachment C South Carolina State Register Vol. 38, Issue 2 Page 1 

February 28, 2014 
18 NOTICES

However, pursuant to 40 CFR 51.102, if the Department does not receive a request for a public hearing by the 

close of the comment period, 5:00 p.m. on March 31, 2014, the Department will cancel the public hearing. If the 

Department cancels the public hearing, then the Department will notify the public at least one week prior to the 

scheduled hearing via the Scheduled Public Hearings webpage: 

http://www.scdhec.gov/environment/baq/Regulation-SIPManagement/public_hearings.asp. Interested persons 

may also contact Anthony T Lofton, Regulation and SIP Management Section, Bureau of Air Quality, 2600 Bull 

Street, Columbia, SC 29201, or via phone at (803) 898-7217 or email at loftonat@dhec.sc.gov for more 

information, or to find out if the Department will hold the public hearing. 

Synopsis: 

On February 9, 2010, the EPA published a revised NAAQS for Nitrogen Dioxide (75 FR 6474). With this rule, 

the EPA set a new 1-hour primary NO2 standard at the level of 100 parts per billion (ppb) and retained the 

current annual average NO2 standard of 53 ppb. Sections 110(a)(1) and (2) of the CAA require all states to 

submit plans to provide for the implementation, maintenance, and enforcement of the NAAQS. Sections 

110(a)(1) and (2) further require states to address basic SIP requirements, including but not limited to the 

following elements: emissions limits and other control measures, ambient air quality monitoring, a program for 

the enforcement of control measures, adequate resources to implement the SIP, and public notification and 

government consultation. Section 110(a)(1) requires states to submit SIPs within three (3) years after 

promulgation of a new or revised NAAQS, or January 22, 2013, in this case. The Department delayed preparing 

its NO2 infrastructure SIP until the EPA published the necessary infrastructure SIP guidance document on 

September 13, 2013. 

 

On August 11, 2011, the Department submitted a request to EPA Region 4 that the EPA designate each county 

in the State of South Carolina as “attainment” for the 1-hour primary NO2 NAAQS. On February 17, 2012, the 

EPA published designations for the revised NO2 NAAQS (77 FR 9532). Based on air quality monitoring data, 

the EPA designated all areas of the country as ‘‘unclassifiable/attainment’’ for the 2010 NO2 NAAQS. The 

Department is proposing to certify that it has addressed the aforementioned “infrastructure” elements pertaining 

to the NO2 attainment areas in South Carolina. Pending the receipt of a request for a public hearing and/or any 

comments received, this Final Amendment to the SIP will take effect 30 days following publication of this 

Notice in the South Carolina State Register on March 31, 2014, at which time the Department will submit a 

final SIP certification package to the EPA for approval. 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

NOTICE OF GENERAL PUBLIC INTEREST 

NOTICE OF FINAL AMENDMENT TO AIR QUALITY STATE IMPLEMENTATION PLAN 

Statutory Authority: S.C. Code Sections 48-1-10 et seq. 

 

The South Carolina Department of Health and Environmental Control (Department) is publishing this Notice of General 

Public Interest to provide interested persons the opportunity to comment on the Department’s response to meet obligations 

to the U.S. Environmental Protection Agency (EPA) for the National Ambient Air Quality Standards (NAAQS) for Sulfur 

Dioxide (SO2). The Department proposes to address the requirements under sections 110(a)(1) and (2) of the Clean Air Act 

(CAA) for State Implementation Plans (SIP) known as infrastructure SIP certification. These requirements were developed 

to assure attainment and maintenance of the NAAQS. To be considered, the Department must receive comments by 5:00 

p.m. on March 31, 2014, the close of the comment period. 

The Department is also providing the public with the opportunity to request a public hearing on the issue. If requested, the 

Department will hold a public hearing on April 7, 2014, at 10:00 a.m., in the Wallace Room of the Sims Building, 2600 

Bull Street, Columbia, South Carolina. The Department invites the public to attend.

Attachment C South Carolina State Register Vol. 38, Issue 2 Page 2 

February 28, 2014 
Attachment D 

South Carolina Pollution Control Act (SC Code Section 48-1-10 et seq.) 

 
DISCLAIMER 

The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of 

Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General 

Assembly's website is now current through the 2013 session. The unannotated South Carolina Code, 

consisting only of Code text, numbering, and history may be copied from this website at the reader's 

expense and effort without need for permission. 

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff 

cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to 

understand and protect your legal rights, you should consult your own private lawyer regarding all legal 

questions. 

While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina 

Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code 

is not official, and the state agencies preparing this website and the General Assembly are not responsible 

for any errors or omissions which may occur in these files. Only the current published volumes of the 

South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official 

version. 

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or 

the features, format, or use of this website. However, you may notify the Legislative Services Agency at 

LSA@scstatehouse.gov regarding any apparent errors or omissions in content of Code sections on this 

website, in which case LSA will relay the information to appropriate staff members of the South Carolina 

Legislative Council for investigation. 

Attachment D 1
CHAPTER 1. 

 POLLUTION CONTROL ACT 

SECTION 48-1-10. Short title; definitions. 

 This chapter may be cited as the "Pollution Control Act" and, when used herein, unless the context 

otherwise requires: 

 (1) "Person" means any individual, public or private corporation, political subdivision, government 

agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity 

whatsoever; 

 (2) "Waters" means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, 

streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the 

State and all other bodies of surface or underground water, natural or artificial, public or private, inland or 

coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction; 

 (3) "Marine district" means the waters of the Atlantic Ocean within three nautical miles from the 

coast line and all other tidal waters within the State; 

 (4) "Sewage" means the water-carried human or animal wastes from residences, buildings, industrial 

establishments or other places, together with such ground water infiltration and surface water as may be 

present and the admixture with sewage of industrial wastes or other wastes shall also be considered 

"sewage"; 

 (5) "Industrial waste" means any liquid, gaseous, solid or other waste substance or a combination 

thereof resulting from any process of industry, manufacturing, trade or business or from the development 

of any natural resources; 

 (6) "Other wastes" means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, clay, lime, 

cinders, ashes, offal, oil, gasoline, other petroleum products or by-products, tar, dye stuffs, acids, 

chemicals, dead animals, heated substances and all other products, by-products or substances not sewage 

or industrial waste; 

 (7) "Pollution" means (1) the presence in the environment of any substance, including, but not 

limited to, sewage, industrial waste, other waste, air contaminant, or any combination thereof in such 

quantity and of such characteristics and duration as may cause, or tend to cause the environment of the 

State to be contaminated, unclean, noxious, odorous, impure or degraded, or which is, or tends to be 

injurious to human health or welfare; or which damages property, plant, animal or marine life or use of 

property; or (2) the man-made or man-induced alteration of the chemical, physical, biological and 

radiological integrity of water; 

 (8) "Standard" or "standards" means such measure of purity or quality for any waters in relation to 

their reasonable and necessary use as may after hearing be established; 

 (9) "Department" means the Department of Health and Environmental Control; 

 (10) "Sewage system" or "sewerage system" means pipelines and conductors, pumping stations, 

force mains and all other construction, devices and appliances appurtenant thereto used for conducting 

sewage, industrial waste or other wastes to a point of ultimate discharge; 

 (11) "Treatment works" means any plant, disposal field, lagoon, constructed drainage ditch or 

surface water intercepting ditch, incinerator, area devoted to sanitary land fills or other works not 

specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing 

of sewage, industrial waste or other wastes; 

 (12) "Disposal system" means a system for disposing of sewage, industrial waste or other wastes, 

including sewerage systems and treatment works; 

 (13) "Outlet" means the terminus of a sewer system or the point of emergence of any water-borne 

sewage, industrial waste or other wastes, or the effluent therefrom, into the waters of the State; 

Attachment D 2
 (14) "Shellfish" means oysters, scallops, clams, mussels and other aquatic mollusks and lobsters, 

shrimp, crawfish, crabs and other aquatic crustaceans; 

 (15) "Ambient air" means that portion of the atmosphere outside of buildings and other enclosures, 

stacks, or ducts which surrounds human, plant, or animal life, water or property; 

 (16) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any 

combination thereof produced by processes other than natural; 

 (17) "Source" means any and all points of origin of air contaminants whether privately or publicly 

owned or operated; 

 (18) "Undesirable level" means the presence in the outdoor atmosphere of one or more air 

contaminants or any combination thereof in sufficient quantity and of such characteristics and duration as 

to be injurious to human health or welfare, or to damage plant, animal or marine life, to property or which 

unreasonably interfere with enjoyment of life or use of property; 

 (19) "Emission" means a release into the outdoor atmosphere of air contaminants; 

 (20) "Environment" means the waters, ambient air, soil and/or land; 

 (21) "Effluent" means the discharge from a waste disposal system; 

 (22) "Effluent limitations" means restrictions or prohibitions of chemical, physical, biological, and 

other constituents which are discharged from point sources into State waters, including schedules of 

compliance; 

 (23) "Point source" means any discernible, confined and discrete conveyance, including, but not 

limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, 

concentrated animal feeding operation or vessel, or other floating craft, from which pollutants are or may 

be discharged. 

HISTORY: 1962 Code Section 63-195; 1952 Code Section 70-101; 1950 (45) 2153; 1965 (54) 687; 

1970 (56) 2512; 1973 (58) 788; 1975 (59) 241. 

SECTION 48-1-20. Declaration of public policy. 

 It is declared to be the public policy of the State to maintain reasonable standards of purity of the air 

and water resources of the State, consistent with the public health, safety and welfare of its citizens, 

maximum employment, the industrial development of the State, the propagation and protection of 

terrestrial and marine flora and fauna, and the protection of physical property and other resources. It is 

further declared that to secure these purposes and the enforcement of the provisions of this chapter, the 

Department of Health and Environmental Control shall have authority to abate, control and prevent 

pollution. 

HISTORY: 1962 Code Section 63-195.1; 1952 Code Section 70-102; 1950 (46) 2153; 1970 (56) 2512. 

SECTION 48-1-30. Promulgation of regulations; approval of alternatives. 

 The Department shall promulgate regulations to implement this chapter to govern the procedure of the 

Department with respect to meetings, hearings, filing of reports, the issuance of permits and all other 

matters relating to procedure. The regulations for preventing contamination of the air may not specify 

any particular method to be used to reduce undesirable levels, nor the type, design, or method of 

installation or type of construction of any manufacturing processes or other kinds of equipment. Except 

where the Department determines that it is not feasible to prescribe or enforce an emission standard or 

standard of performance, it may, by regulation, specify equipment, operational practice, or emission 

control method, or combination thereof. The Department may grant approval for alternate equipment, 

operational practice, or emission control method, or combination thereof, where the owner or operator of 

a source can demonstrate to the Department that such alternative is substantially equivalent to that 

specified. 

Attachment D 3
HISTORY: 1962 Code Section 63-195.6; 1952 Code Section 70-108; 1950 (46) 2153; 1965 (54) 687; 

1970 (56) 2512; 1978 Act No. 557, Section 1. 

SECTION 48-1-40. Adoption of standards for water and air. 

 The Department, after public hearing as herein provided, shall adopt standards and determine what 

qualities and properties of water and air shall indicate a polluted condition and these standards shall be 

promulgated and made a part of the rules and regulations of the Department. The Department, in 

determining standards and designing the use of streams shall be guided by the provisions of this chapter. 

HISTORY: 1962 Code Section 63-195.7; 1952 Code Section 70-109; 1950 (46) 2153; 1970 (56) 2512. 

SECTION 48-1-50. Powers of department. 

 The Department may: 

 (1) Hold public hearings, compel attendance of witnesses, make findings of fact and determinations 

and assess such penalties as are herein prescribed; 

 (2) Hold hearings upon complaints or upon petitions in accordance with Section 48-1-140 or as 

otherwise provided in this chapter; 

 (3) Make, revoke or modify orders requiring the discontinuance of the discharge of sewage, 

industrial waste or other wastes into any waters of the State, or the discharge of air contaminants into the 

ambient air so as to create an undesirable level, resulting in pollution in excess of the applicable standards 

established. Such orders shall specify the conditions and time within which such discontinuance must be 

accomplished; 

 (4) Institute or cause to be instituted, in a court of competent jurisdiction, legal proceedings, 

including an injunction, to compel compliance with the provisions of this chapter or the determinations, 

permits and permit conditions and orders of the Department. An injunction granted by any court shall be 

issued without bond; 

 (5) Issue, deny, revoke, suspend or modify permits, under such conditions as it may prescribe for the 

discharge of sewage, industrial waste or other waste or air contaminants or for the installation or 

operation of disposal systems or sources or parts thereof; provided, however, that no permit shall be 

revoked without first providing an opportunity for a hearing; 

 (6) Conduct studies, investigations and research with respect to pollution abatement, control or 

prevention. Such studies shall include but not be limited to, air control, sources, disposal systems and 

treatment of sewage, industrial waste or other wastes, by all scientific methods and, if necessary, of the 

use of mobile laboratories; 

 (7) Settle or compromise any action or cause of action for the recovery of a penalty or damages 

under this chapter as it may deem advantageous to the State; 

 (8) Cooperate with the governments of the United States or other states or State agencies or 

organizations, official or unofficial, in respect to pollution control matters or for the formulation of 

interstate pollution control compacts or agreements; 

 (9) Prepare and develop a general comprehensive program for the abatement, control and prevention 

of air and water pollution; 

 (10) Require to be submitted to it and consider for approval plans for disposal systems or sources or 

any parts thereof and inspect the construction thereof for compliance with the approved plans; 

 (11) Administer penalties as otherwise provided herein for violations of this chapter, including any 

order, permit, regulation or standards; 

 (12) Accept, receive and administer grants or other funds or gifts for the purpose of carrying out any 

of the purposes of this chapter; accept, receive and receipt for Federal money given by the Federal 

Attachment D 4
government under any Federal law to the State of South Carolina for air or water control activities, 

surveys or programs; 

 (13) Encourage voluntary cooperation by persons, or affected groups in restoration and preservation 

of a reasonable degree of purity of air and water; 

 (14) Collect and disseminate information on air or water control; 

 (15) Approve projects for which applications for loans or grants under the Federal Water Pollution 

Control Act or the Federal Air Quality Act are made by any municipality (including any city, town, 

district, or other public body created by or pursuant to the laws of this State and having jurisdiction over 

disposal of sewage, industrial wastes or other wastes) or agency of this State or by an interstate agency; 

 (16) Participate through its authorized representatives in proceedings under the Federal Water 

Pollution Control Act or the Federal Air Quality Act to recommend measures for abatement of water 

pollution originating in this State; 

 (17) Take all action necessary or appropriate to secure to this State the benefits of the Federal Water 

Pollution Control Act or the Federal Air Quality Act and any and all other Federal and State acts 

concerning air and water pollution control; 

 (18) Consent on behalf of the State to request by the Federal Security Administrator to the Attorney 

General of the United States for the bringing of suit for abatement of such pollution; 

 (19) Consent to the joinder as a defendant to such suit of any person who is alleged to be discharging 

matter contributing to the pollution, abatement of which is sought in such suit; 

 (20) Conduct investigations of conditions in the air or waters of the State to determine whether or not 

standards are being contravened and the origin of materials which are causing the polluted condition; 

 (21) Establish the cause, extent and origin of damages from waste including damages to the fish, 

waterfowl, and other aquatic animals and public property which result from the discharge of wastes to the 

waters of the State; 

 (22) Require the owner or operator of any source or disposal system to establish and maintain such 

operational records; make reports; install, use, and maintain monitoring equipment or methods; sample 

and analyze emissions or discharges in accordance with prescribed methods, at locations, intervals, and 

procedures as the Department shall prescribe; and provide such other information as the Department 

reasonably may require; 

 (23) Adopt emission and effluent control regulations, standards and limitations that are applicable to 

the entire State, that are applicable only within specified areas or zones of the State, or that are applicable 

only when a specified class of pollutant is present; 

 (24) Enter at all times in or upon any property, public or private, for the purpose of inspecting and 

investigating conditions relating to pollution or the possible pollution of the environment of the State. Its 

authorized agents may examine and copy any records or memoranda pertaining to the operation of a 

disposal system or source that may be necessary to determine that the operation thereof is in compliance 

with the performance as specified in the application for a permit to construct; provided, however, that if 

such entry or inspection is denied or not consented to, and no emergency exists, the Department is 

empowered to and shall obtain from the magistrate from the jurisdiction in which such property, premise 

or place is located, a warrant to enter and inspect any such property, premise or place prior to entry and 

inspection. The magistrate of such jurisdiction is empowered to issue such warrants upon a proper 

showing of the needs for such entry and inspection. The results of any such inspection and investigation 

conducted by the Department shall be reduced to writing and a copy shall be furnished to the owner or 

operator of the source or disposal system; and 

 (25) Issue orders prohibiting any political entity having the authority to issue building permits from 

issuing such permits when the political entity has been ordered to correct a condition which has caused or 

is causing pollution. Provided, that no such order shall be issued until the State is capable of 

participating in Federal, State and local cost-sharing arrangements for municipal waste treatment facilities 

as set forth in the Clean Water Restoration Act of 1966. 

Attachment D 5
HISTORY: 1962 Code Section 63-195.8; 1952 Code Sections 70-110, 70-111; 1950 (46) 2153; 1965 

(54) 687; 1969 (56) 764; 1970 (56) 2512; 1973 (58) 788; 1974 (58) 2334; 1975 (59) 241. 

SECTION 48-1-55. Use of local personnel to monitor water quality in county where oyster factory 

located. 

 On any navigable river in this State where an oyster factory is located, the Department of Health and 

Environmental Control may utilize qualified personnel of the county or municipality in whose jurisdiction 

the factory operates to assist with the monitoring of water quality and other environmental standards the 

department is required to enforce. The assistance may be provided at the request of the department and 

upon the consent of the county or municipality concerned. 

HISTORY: 2009 Act No. 22, Section 1, eff May 19, 2009. 

SECTION 48-1-60. Classification and standards of quality and purity of the environment authorized after 

notice and hearing. 

 It is recognized that, due to variable factors, no single standard of quality and purity of the environment 

is applicable to all ambient air, land or waters of the State. In order to attain the objectives of this chapter, 

the Department, after proper study and after conducting a public hearing upon due notice, shall adopt 

rules and regulations and classification standards. The classification and the standards of quality and 

purity of the environment shall be adopted by the Department in relation to the public use or benefit to 

which such air, land or waters are or may, in the future, be put. Such classification and standards may 

from time to time be altered or modified by the Department. 

 The adoption of a classification of the waters and the standards of quality and purity of the environment 

shall be made by the Department only after public hearing on due notice as provided by this chapter. 

HISTORY: 1962 Code Section 63-195.9; 1952 Code Section 70-112; 1950 (46) 2153; 1970 (56) 2512; 

1973 (58) 788. 

SECTION 48-1-70. Matters which standards for water may prescribe. 

 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. 

HISTORY: 1962 Code Section 63-195.10; 1952 Code Section 70-113; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-80. Considerations in formulating classification and standards for water. 

 In adopting the classification of waters and the standards of purity and quality, consideration shall be 

given to: 

 (1) The size, depth, surface area covered, volume, direction, rate of flow, stream gradient and 

temperature of the water; 

Attachment D 6
 (2) The character of the district bordering such water and its peculiar suitability for the particular 

uses and with a view to conserving it and encouraging the most appropriate use of the lands bordering on 

such water for residential, agricultural, industrial or recreational purposes; 

 (3) The uses which have been made, are being made or may be made of such waters for 

transportation, domestic and industrial consumption, irrigation, bathing, fishing and fish culture, fire 

prevention, sewage disposal or otherwise; and 

 (4) The extent of present defilement or fouling of such waters which has already occurred or resulted 

from past discharges therein. 

HISTORY: 1962 Code Section 63-195.11; 1952 Code Section 70-114; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-83. Dissolved oxygen concentration depression; procedures to obtain site-specific 

effluent limit. 

 (A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.1 

mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all 

satisfied by demonstrating that resident aquatic species shall not be adversely affected. The provisions of 

this section apply in addition to any standards for a dissolved oxygen depression in a naturally low 

dissolved oxygen waterbody promulgated by the department by regulation. 

 (B) A party seeking a site-specific effluent limit related to dissolved oxygen pursuant to this section 

must notify the department in writing of its intent to obtain the depression. Upon receipt of the written 

notice of this intent, the department shall within thirty days publish a public notice indicating the party 

seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression 

is sought in addition to the department's usual public notice procedures. The notice shall be in the form of 

an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest 

general circulation in the affected area. If within thirty days of the publication of the public notice the 

department receives a request to hold a public hearing from at least twenty citizens or residents of the 

county or counties affected, the department shall conduct such a hearing. The hearing must be conducted 

at an appropriate location near the specific site for which the dissolved oxygen depression is sought and 

must be held within ninety days of the publication of the initial public notice by the department. 

 (C) The department, in consultation with the Department of Natural Resources and the Environmental 

Protection Agency, shall provide a general methodology to be used for consideration of a site-specific 

effluent limit related to dissolved oxygen. 

 (D) The party seeking a site-specific effluent limit related to dissolved oxygen must conduct a study: 

 (1) to determine natural dissolved oxygen conditions at the specific site for which the depression is 

sought. The study must use an appropriate reference site. The reference site is not restricted to the State 

but must have similar geography, environmental setting, and climatic conditions. However, if an 

appropriate reference site cannot be located, the party may use a site-specific dynamic water quality 

model or, if available, a site-specific multidimensional dynamic water quality model. 

 (2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen 

depression is sought to tolerate the proposed dissolved oxygen depression. 

 (E) The department shall provide the following agencies sixty days in which to review and provide 

comments on the design of the scientific study required in subsection (D): 

 (1) the United States Fish & Wildlife Service of the United States Department of the Interior; 

 (2) the United States Geological Survey of the United States Department of the Interior; 

 (3) the National Ocean Service of the United States Department of Commerce and the National 

Marine Fisheries Service of the United States Department of Commerce; and 

 (4) The Department of Natural Resources. 

 The department and the Department of Natural Resources shall select and convene a science peer 

review committee to review the design of the study as required by subsection (D). The department and the 

Attachment D 7
Environmental Protection Agency must concur on the final design before a study is initiated. Justification 

of any objection to the study design must be based solely on scientific considerations. Objections to the 

study design must be provided in writing by the department to the party seeking a site-specific effluent 

limit related to dissolved oxygen. 

 (F) The department shall provide the following agencies sixty days to review and comment on the 

results of the studies required in subsection (D): 

 (1) the United States Fish and Wildlife Service of the United States Department of the Interior; 

 (2) the United States Geological Survey of the United States Department of the Interior; and 

 (3) the National Ocean Service of the United States Department of Commerce and the National 

Marine Fisheries Service of the United States Department of Commerce. 

 In order for a site-specific effluent limit related to dissolved oxygen to be implemented pursuant to this 

section, the department, the Department of Natural Resources and the Environmental Protection Agency 

must concur that the results of the study required in subsection (D) justify its implementation. In reaching 

a decision on the study results, the department and the Department of Natural Resources must base their 

decision upon the entire record, taking into account whatever in the record detracts from the weight of the 

decision, and must be supported by evidence that a reasonable mind might accept as adequate to support 

the decision. Objections to the acceptance of the results of the study must be provided in writing by the 

department to the party seeking a site-specific effluent limit related to dissolved oxygen. 

HISTORY: 1999 Act No. 106, Section 1; 2010 Act No. 134, Section 1, eff March 30, 2010. 

SECTION 48-1-85. Requirements for houseboats with marine toilets. 

 (A) It is unlawful for a person to operate or float a houseboat on the waters of this State unless it has a 

marine toilet that discharges only into a holding tank. 

 (B) As used in this section: 

 (1) "Holding tank" means a container designed to receive and hold sewage and other wastes 

discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only 

by pumping out its contents. 

 (2) "Houseboat" means watercraft primarily used as habitation and not used primarily as a means of 

transportation. 

 (3) "Marine toilet" includes equipment for installation on board a houseboat designed to receive, 

retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank. 

 (C) When an owner of a houseboat having a marine toilet applies to the Department of Natural 

Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the 

toilet discharges only into a holding tank. 

 (D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South 

Carolina Department of Health and Environmental Control. 

 (E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined 

not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or 

both. 

HISTORY: 1992 Act No. 334, Section 1; 1993 Act No. 181, Section 1172; 2007 Act No. 33, Section 2, 

eff upon approval (became law without the Governor's signature on May 24, 2007). 

SECTION 48-1-87. Aquatic Life Protection Act. 

 (A) In order to provide for the survival and propagation of a balanced community of aquatic flora and 

fauna as set forth in Regulation 61-68 in a manner consistent with Section 48-1-20, the department shall, 

where necessary to protect aquatic life, impose NPDES permit limitations for whole effluent toxicity 

(WET) based on the mixing zone authorized in subsection (C), where the department determines that a 

Attachment D 8
discharge causes or has the reasonable potential to cause or contribute to an excursion of a water quality 

criterion in Regulation 61-68, other than numeric criteria for specific pollutants, that apply to the 

protection of aquatic organisms. 

 (B) As directed by this section, the department may promulgate regulations to implement WET tests 

that calibrate EPA's standard toxicity testing species and methods to the natural water chemistry 

representative of the lakes, streams, groundwater, and stormwater runoff of this State. In developing 

these regulations the department may use the findings of any scientifically defensible study it may 

conduct and may use other pertinent peer reviewed studies or conclusions. In the interim, this section 

shall not be construed to limit the department's authority to impose WET limits. 

 (C) For purposes of performing WET reasonable potential determinations for a specific discharge and, 

where justified, setting WET permit limitations for that discharge, the department, notwithstanding any 

other provision of law shall: 

 (1) develop procedures to allow up to one hundred percent dilution in waterbodies, based on the 

7Q10 flow as defined by Regulation 61-68, where justified by the permittee or permit applicant and 

approved by the department; 

 (2) use stream flow conditions other than those described in item (1) where justified by hydrological 

controls that are capable of ensuring critical flow conditions higher than the respective ten-year flows 

identified in item (1), to evaluate acute and chronic exposure; 

 (3) use, for stormwater discharges, a representative flow greater than 7Q10 flow, as demonstrated on 

a site-specific basis, with any resulting WET permit limitations comprising only those expressed in terms 

of acute survival endpoints; 

 (4) consider such mixing calculations as described in items (1), (2), and (3) to be consistent with its 

policy set forth in Regulation 61-68 for minimizing mixing zones; 

 (5) give consideration to compliance with numeric criteria and actual instream biological conditions, 

in the absence of a valid scientific correlation between sublethal WET test results and the biological 

integrity of representative lakes, streams, and estuaries in this State, wherein biological integrity includes 

the richness, abundance, and balanced community structure of indigenous aquatic organisms; 

 (6) allow, at the request of the permittee, the use of ambient receiving waters as control and dilution 

waters in WET tests; 

 (7) exempt once-through, noncontact cooling water, which contains no additives, from toxicity 

requirements; and 

 (8) allow dischargers to use WET testing protocols that utilize alternative species in accordance with 

applicable EPA regulations and guidance. 

 (D) No part of this section shall be construed to limit the department's authority to adopt water quality 

criteria, to impose permit limits for specific chemical pollutants, to obligate the department to revalidate 

existing water quality criteria, or to establish additional water quality criteria for specific chemical 

pollutants. The department, whenever appropriate, shall utilize the flexibility of interpretation concerning 

WET testing and the use of WET test results provided by EPA. 

 (E) For the purpose of implementing Section 48-1-20 and Regulation 61-68: 

 (1) "propagation" is defined in Regulation 61-68; 

 (2) "biological integrity" means a measure of the health of an aquatic or marine ecosystem using the 

richness and abundance of species as the primary indicator, and "biological integrity" is a key component 

of an "instream bioassessment"; 

 (3) "sublethal toxicity tests" means laboratory experiments that measure the nonlethal biological 

effects, including, but not limited to, growth or reproduction, of effluents or receiving waters on aquatic 

organisms; 

 (4) "calibrate" means a process to establish the baseline control condition based on the normal range 

of biological responses likely to occur when standard test organisms are exposed to various nontoxic 

waters sampled from streams and lakes throughout the State. 

 (F) For any NPDES permit that was taken over by EPA due to provisions of Act 258 of 2004 from July 

1, 2004, through the effective date of this subsection as revised by the provisions of this 2005 act, the 

Attachment D 9
department shall convey to EPA, through the certification process (40 C.F.R. Part 124.53), any additional 

requirements mandated under state law. Moreover, notwithstanding any other provision of law or 

regulation, the requirement for a counterpart state permit for any such discharge is waived. 

Alternatively, at the request of the permittee, the department may waive the certification process and issue 

a state permit. However, affected permittees shall submit applications for reissuance to the department in 

accordance with Regulation 61-9, at least one hundred eighty days in advance of the expiration of the 

federal permits. At the discretion of the department, the annual fees for NPDES permits in Regulation 

61-30 may continue to be charged, when certifying a federal permit, if the department waives the 

certification fee. 

 (G) The department shall reduce or eliminate WET monitoring requirements, as appropriate, in 

accordance with permit modification processes contained in Regulation 61-9, where dischargers 

demonstrate that their effluents do not demonstrate reasonable potential. 

HISTORY: 2004 Act No. 258, Section 2; 2005 Act No. 25, Section 1. 

SECTION 48-1-90. Causing or permitting pollution of environment prohibited; remedies. 

 (A)(1) It is unlawful for a person, directly or indirectly, to throw, drain, run, allow to seep, or otherwise 

discharge into the environment of the State organic or inorganic matter, including sewage, industrial 

wastes, and other wastes, except in compliance with a permit issued by the department. 

 (2) The permit requirements of subsection (A)(1), Section 48-1-100, and Section 48-1-110 do not 

apply to: 

 (a) discharges in a quantity below applicable threshold permitting requirements established by the 

department; 

 (b) discharges for which the department has no regulatory permitting program; 

 (c) discharges exempted by the department from permitting requirements; or 

 (d) normal farming, silviculture, aquaculture, ranching, and wildlife habitat management activities 

that are not prohibited by or otherwise subject to regulation. 

 (3) Subsection (A)(2) must not be construed to: 

 (a) impair or affect common law rights; 

 (b) repeal prohibitions or requirements of other statutory law or common law; or 

 (c) diminish the department's authority to abate public nuisances or hazards to public health or the 

environment, to abate pollution as defined in Section 48-1-10(7), or to respond to accidental discharges or 

spills. 

 (4) A person must first petition the department in writing for a declaratory ruling as to the 

applicability of a specific, existing regulatory program to a proposed or existing discharge into the 

environment, provided that the proposed or existing discharge is not exempt or excluded from permitting 

as is set forth in subsection (A)(2). The person proposing to emit or emitting such discharge must be 

named on and served with the petition. The department must, within sixty days after receipt of such 

petition, issue a declaratory ruling as to the applicability of such program to such discharge. If the 

department determines a permit is required under such program and that no exception or exclusion exists, 

including, but not limited to, the exceptions set forth in subsection (A)(2), the department must issue a 

declaration requiring the submission of an application to permit such discharge pursuant to the applicable 

permitting program. If the department further determines that immediate action is necessary to protect the 

public health or property due to such unpermitted discharge, the department may further declare the 

existence of an emergency and order such action as the department deems necessary to address the 

emergency. Any person to whom such emergency order is directed may apply directly to the 

Administrative Law Court for relief and must be afforded a hearing within forty-eight hours. Regardless 

of whether a hearing is held, the department must revoke all emergency orders as soon as conditions or 

operations change to the extent that an emergency no longer exists. A party contesting any department 

decision on a petition may request a contested case hearing in the Administrative Law Court. 

Attachment D 10
Notwithstanding the administrative remedy provided for in this section, no private cause of action is 

created by or exists under this chapter. 

 (B)(1) A person who discharges organic or inorganic matter into the waters of this State as described in 

subsection (A) to the extent that the fish, shellfish, aquatic animals, wildlife, or plant life indigenous to or 

dependent upon the receiving waters or property is damaged or destroyed is liable to the State for the 

damages. The action must be brought by the State in its own name or in the name of the department. 

 (2) The amount of a judgment for damages recovered by the State, less costs, must be remitted to the 

agency, commission, department, or political subdivision of the State that has jurisdiction over the fish, 

shellfish, aquatic animals, wildlife, or plant life or property damaged or destroyed. 

 (3) The civil remedy provided in subsection (B)(2) is not exclusive, and an agency, commission, 

department, or political subdivision of the State with appropriate authority may undertake in its own name 

an action to recover damages independent of this subsection. 

HISTORY: 1962 Code Section 63-195.12; 1952 Code Section 70-116; 1950 (46) 2153; 1969 (56) 764; 

1970 (56) 2512; 1975 (59) 241; 2012 Act No. 198, Section 1, eff June 6, 2012. 

SECTION 48-1-95. Wastewater utilities; procedures for significant spills. 

 (A) As used in this section: 

 (1) "Action plan" or "plan" means a schedule for implementing and completing repairs, upgrades, 

and improvements needed to minimize future repetitive significant spills of untreated or partially treated 

domestic sewage. 

 (2) "Capacity, Management, Operation, and Maintenance or 'CMOM' plan" means a comprehensive, 

dynamic framework for wastewater utilities to identify and incorporate widely accepted wastewater 

industry practices to: 

 (a) better manage, operate, and maintain collection systems; 

 (b) investigate capacity constrained areas of the collection system; and 

 (c) respond to sanitary sewer overflow events. 

 (3) "Comprehensive review" or "review" means a complete technical assessment of the components 

and operation of a sewage system or its treatment works that are contributing to, or may be contributing 

to, repetitive significant spills of untreated or partially treated domestic sewage. 

 (4) "Department" means the Department of Health and Environmental Control. 

 (5) "Significant spill" means a net discharge from a wastewater utility of at least five thousand 

gallons of untreated or partially treated domestic sewage that could cause a serious adverse impact on the 

environment or public health. "Significant spill" does not include spills caused by a natural disaster, direct 

act of a third party, or other act of God. 

 (6) "Wastewater utility" or "utility" means the operator or owner of a sewage collection system or its 

treatment works providing sewer service to the public. "Wastewater utility" does not include 

manufacturers, electric utilities, agricultural operations, and wastewater treatment systems located on 

property owned by the federal government. 

 (B) Utilities must verbally notify the department of any significant spill within twenty-four hours and 

by written submission within five days. 

 (C) Upon receiving notice of a significant spill from a wastewater utility, the department must 

determine whether the responsible wastewater utility has had more than two significant spills per one 

hundred miles of its sewage collection system, in the aggregate and excluding private service laterals, 

during the twelve-month period up to and including the date of the significant spill. 

 (D)(1) If the wastewater utility has had more than two significant spills per one hundred miles of its 

aggregate collection system miles during a twelve-month period, the department shall issue an order 

directing the utility to complete a comprehensive review of the sewage system and treatment works 

facility identified pursuant to subsection (C), or if the wastewater utility has a Capacity, Management, 

Attachment D 11
Operations, and Maintenance plan in place directing the utility to update this plan, the order must include, 

but is not limited to: 

 (a) the submission of the findings of the comprehensive review or CMOM update; and 

 (b) the required implementation of any plans to minimize the recurrence of such significant spills. 

 (2) The comprehensive review, pursuant to item (1), must be performed by a licensed South Carolina 

professional engineer. 

 (3) Unless the department's order is being appealed, the comprehensive review or CMOM update 

must be initiated by the wastewater utility's owner within two months of receiving an order from the 

department or, in the case of an appeal, within two months from the date the order becomes final and 

nonappealable. 

 (E) The department shall require that all wastewater utilities provide public notice of any significant 

spill of five thousand gallons or more within twenty-four hours of the discovery. Where the responsible 

wastewater utility does not provide this notice, in addition to any enforcement response, the department 

shall provide public notice of the significant spill. 

 (F) Nothing in this section contravenes the department's ability to undertake enforcement action under 

the Pollution Control Act, Chapter 1, Title 48, or any other state or federal law. 

HISTORY: 2012 Act No. 109, Section 1, eff February 1, 2012. 

SECTION 48-1-100. Permits for discharge of wastes or air contaminants; jurisdiction of department. 

 (A) A person affected by the provisions of this chapter or the rules and regulations adopted by the 

department desiring to make a new outlet or source, or to increase the quantity of discharge from existing 

outlets or sources, for the discharge of sewage, industrial waste or other wastes, or the effluent therefrom, 

or air contaminants, into the waters or ambient air of the State, first shall make an application to the 

department for a permit to construct and a permit to discharge from the outlet or source. If, after 

appropriate public comment procedures, as defined by department regulations, the department finds that 

the discharge from the proposed outlet or source will not be in contravention of provisions of this chapter, 

a permit to construct and a permit to discharge must be issued to the applicant. The department, if 

sufficient hydrologic and environmental information is not available for it to make a determination of the 

effect of the discharge, may require the person proposing to make the discharge to conduct studies that 

will enable the department to determine that its quality standards will not be violated. 

 (B) The Department of Health and Environmental Control is the agency of state government having 

jurisdiction over the quality of the air and waters of the State of South Carolina. It shall develop and 

enforce standards as may be necessary governing emissions or discharges into the air, streams, lakes, or 

coastal waters of the State, including waste water discharges. 

 (C) The Department of Health and Environmental Control is the agency of state government having 

jurisdiction over those matters involving real or potential threats to the health of the people of South 

Carolina, including the handling and disposal of garbage and refuse; septic tanks; and individual or 

privately-owned systems for the disposal of offal and human or animal wastes. 

HISTORY: 1962 Code Section 63-195.13; 1952 Code Section 70-117; 1950 (46) 2153; 1964 (53) 

2393; 1970 (56) 2512; 1971 (57) 709; 1973 (58) 788; 1992 Act No. 294, Section 1. 

SECTION 48-1-110. Permits required for construction or alteration of disposal systems; classification; 

unlawful operations or discharges. 

 (a) It shall be unlawful for any person, until plans therefor have been submitted to and approved by the 

department and a written permit therefor shall have been granted to: 

 (1) Construct or install a disposal system or source; 

Attachment D 12
 (2) Make any change in, addition to or extension of any existing disposal system or part thereof that 

would materially alter the method or the effect of treating or disposing of the sewage, industrial waste or 

other wastes; 

 (3) Operate such new disposal systems or new source, or any existing disposal system or source; 

 (4) Increase the load through existing outlets of sewage, industrial waste or other wastes into the 

waters of the State. 

 (b) The director of Health and Environmental Control shall classify all public wastewater treatment 

plants, giving due regard to size, types of work, character, and volume of waste to be treated, and the use 

and nature of the water resources receiving the plant effluent. Plants may be classified in a group higher 

than indicated at the discretion of the classifying officer by reason of the incorporation in the plant of 

complex features which cause the plant to be more difficult to operate than usual or by reason of a waste 

unusually difficult to treat, or by reason of conditions of flow or use of the receiving waters requiring an 

unusually high degree of plant operation control or for combinations of such conditions or circumstances. 

The classification is based on the following groups: 

 (1) For biological wastewater treatment plants: Group I-B. All wastewater treatment plants which 

include one or more of the following units: primary settling, chlorination, sludge removal, imhoff tanks, 

sand filters, sludge drying beds, land spraying, grinding, screening, oxidation, and stabilization ponds. 

Group II-B. All wastewater treatment plants which include one or more of the units listed in Group I-B 

and, in addition, one or more of the following units: sludge digestion, aerated lagoon, and sludge 

thickeners. Group III-B. All wastewater treatment plants which include one or more of the units listed in 

Groups I-B and II-B and, in addition, one or more of the following: trickling filters, secondary settling, 

chemical treatment, vacuum filters, sludge elutriation, sludge incinerator, wet oxidation process, contact 

aeration, and activated sludge (either conventional, modified, or high rate processes). Group IV-B. All 

wastewater treatment plants which include one or more of the units listed in Groups I-B, II-B, and III-B 

and, in addition, treat waste having a raw five-day biochemical oxygen demand of five thousand pounds a 

day or more. 

 (2) Effective July 1, 1987, for physical-chemical wastewater treatment plants: Group I-P/C. All 

wastewater treatment plants which include one or more of the following units: primary settling, 

equalization, pH control, and oil skimming. Group II-P/C. All wastewater treatment plants which include 

one or more of the units listed in Group I-P/C and, in addition, one or more of the following units: sludge 

storage, dissolved air flotation, and clarification. Group III-P/C. All wastewater treatment plants which 

include one or more of the units listed in Groups I-P/C and II-P/C and, in addition, one or more of the 

following: oxidation/reduction reactions, cyanide destruction, metals precipitation, sludge dewatering, 

and air stripping. Group IV-P/C. All wastewater treatment plants which include one or more of the units 

listed in Groups I-P/C, II-P/C, and III-P/C and, in addition, one or more of the following: membrane 

technology, ion exchange, tertiary chemicals, and electrochemistry. 

 (c) It shall be unlawful for any person or municipal corporation to operate a public wastewater 

treatment plant unless the operator-in-charge holds a valid certificate of registration issued by the Board 

of Certification of Environmental Systems Operators in a grade corresponding to the classification of the 

public wastewater treatment plant supervised by him, except as hereinafter provided. 

 (d) It shall be unlawful for any person to operate an approved waste disposal facility in violation of the 

conditions of the permit to construct or the permit to discharge. 

 (e) It shall be unlawful for any person, directly or indirectly, negligently or willfully, to discharge any 

air contaminant or other substance in the ambient air that shall cause an undesirable level. 

HISTORY: 1962 Code Section 63-195.14; 1952 Code Section 70-118; 1950 (46) 2153; 1969 (56) 764; 

1970 (56) 2512; 1974 (58) 2334; 1980 Act No. 319, Section 4; 1985 Act No. 172, Section 1; 1993 Act 

No. 181, Section 1173. 

SECTION 48-1-115. Public notice of sludge storage facility construction permit. 

Attachment D 13
 The department shall provide public notice before issuing a construction permit pursuant to Regulation 

61-67 for a facility that stores sludge or other residuals, or any combination of these, that is not located at 

the site of a wastewater or sludge treatment facility permitted pursuant to Regulation 61-67. Public notice 

must be provided in accordance with Regulation 61-9. 

HISTORY: 2006 Act No. 329, Section 1. 

SECTION 48-1-120. Determination and correction of undesirable level. 

 If the Department shall determine that an undesirable level exists, it shall take such action as necessary 

to control such condition. 

 The Department shall grant such time as is reasonable for the owner or operator of a source to correct 

the undesirable level, after taking all factors into consideration that are pertinent to the issue. 

 In making its order and determinations, the Department shall take into consideration all the facts and 

circumstances bearing upon the reasonableness of the emissions involved including, but not limited to: 

 (a) The character and degree of injury to, or interference with, the health and physical property of the 

people; 

 (b) The social and economic value of the source of the undesirable levels; 

 (c) The question of priority of location in the area involved; and 

 (d) The technical practicability and economic reasonableness of reducing or eliminating the 

emissions resulting from such source. 

 If the undesirable level is not corrected within the required time, then the Department shall issue an 

order to cease and desist from causing such emissions. 

HISTORY: 1962 Code Section 63-195.15; 1965 (54) 687; 1970 (56) 2512. 

SECTION 48-1-130. Order for discontinuance of discharge of wastes or air contaminants. 

 A person discharging sewage, industrial waste, or other waste or air contaminant into the environment 

of the State, in such manner or quantity as to cause pollution, without regard to the time that the discharge 

began or whether or not the continued discharge has been by virtue of a permit issued by the department, 

shall discontinue the discharge upon receipt of an order of the department. An order is subject to review 

pursuant to Section 44-1-60 and the Administrative Procedures Act. This section does not abrogate any of 

the department's emergency powers. 

HISTORY: 1962 Code Section 63-195.16; 1952 Code Section 70-120; 1950 (46) 2153; 1970 (56) 

2512; 2012 Act No. 198, Section 2, eff June 6, 2012. 

SECTION 48-1-140. Revision or modification of national pollutant discharge elimination system or final 

compliance date for stationary source or class or sources of air pollution. 

 (a) The Department may, after notice and opportunity for a public hearing, revise or modify a national 

pollutant discharge elimination system permit in accordance with the procedures and criteria set out in 

Sections 301(c), 302 and 316(a) of the Federal Water Pollution Control Act Amendments of 1972. 

 (b) The Department may, after notice and opportunity for a public hearing, revise or modify a final 

compliance date for any stationary source or class or sources of air pollution whether contained in 

regulations or a compliance order, if the Department determines that 

 (1) good faith efforts have been made to comply with such requirement before such date; 

 (2) such source (or class) is unable to comply with such requirement because the necessary 

technology or other alternative methods of control are not reasonably available or have not been available 

for a sufficient period of time; 

Attachment D 14
 (3) any available alternative operating procedures and interim control measures have reduced or will 

reduce the impact of such source on public health; 

 (4) the continued operation of such source is essential to national security or to the public health or 

welfare. 

 Provided, however, that where the compliance date is one prescribed in the State Implementation 

Plan, the findings and recommendations of the Department shall be submitted to the Governor for 

transmittal to the Administrator of the Federal Environmental Protection Agency or his designated 

representative for his concurrence or rejection. Rejection by the administrator may constitute grounds for 

rejection of a request for modification or revisions of such compliance requirement. 

 (c) Any determination under items (a) or (b) of this section shall (1) be made on the record after notice 

to interested persons and opportunity for hearing, (2) be based upon a fair evaluation of the entire record 

at such hearing, and (3) include a statement setting forth in detail the findings and conclusions upon 

which the determination is based. 

HISTORY: 1962 Code Section 63-195.17; 1965 (54) 687; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 

241; 1978 Act No. 463. 

SECTION 48-1-150. Situations in which public hearing is required or authorized. 

 Public hearings shall be conducted by the Department prior to action by the Department in the 

classification of the waters or the adoption of standards of purity and quality thereof as provided by this 

chapter. The Department may conduct public hearings prior to action in the following cases, either of its 

own volition or upon the request of affected persons, (a) an order of determination of the Department 

requiring the discontinuance of discharge of sewage, industrial waste or other wastes into the waters of 

the State or air contaminant into the ambient air, (b) an order issuing, denying, revoking, suspending or 

modifying a permit, (c) a determination that a discharge constitutes pollution of waters of a marine district 

and (d) any other proceeding resulting in a finding of fact or determination that a discharge of air 

contaminants into the ambient air or sewage, industrial waste or other wastes into the waters of the State 

contravenes the standards established for such air and waters. 

HISTORY: 1962 Code Section 63-195.18; 1952 Code, Section 70-125; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-160. Conduct of hearing; decision of department. 

 The hearings herein provided for may be conducted by the Department at a regular or special meeting 

or it may delegate to any member, to the executive director or to any employee or agent of the 

Department, the authority to conduct such hearings in the name of the Department at any time and place. 

But the Department shall make all necessary decisions as to the matter under consideration. Such 

decision may be based solely upon the record of any hearing conducted by the Department or by its duly 

authorized representative. 

HISTORY: 1962 Code Section 63-195.19; 1952 Code Section 70-126; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-170. Records of hearings and decisions. 

 In any hearing held by the Department in which a quasi-judicial decision is rendered, the Department 

shall make a record of the decision and secure its prompt publication. The decision shall include a 

statement of the facts in controversy, the decision of the Department, the law or regulation upon which 

the decision is based and any other information deemed necessary. 

Attachment D 15
 To serve as a guide and precedent of the policy of the Department, the decisions shall be 

chronologically numbered according to date and compiled in an annual report similar in style to the 

reports of the Supreme Court. The reports of these decisions shall be made available to the public. 

 If any person concerned with such hearing requests it, a complete transcript of the testimony presented 

shall be made and filed. 

HISTORY: 1962 Code Section 63-195.20; 1952 Code Section 70-127; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-180. Oaths; examination of witnesses; subpoenas. 

 In any such hearing, any member of the Department, the executive director or any employee or agent 

thereof authorized by the Department may administer oaths, examine witnesses and issue in the name of 

the Department notices of hearings and subpoenas requiring the attendance and testimony of witnesses 

and the production of evidence relevant to any matter involved in any such hearing. Witnesses shall 

receive the same fees and mileage as in civil actions. 

HISTORY: 1962 Code Section 63-195.21; 1952 Code Section 70-128; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-190. Refusal to obey notice of hearing or subpoena. 

 In case of refusal to obey a notice of hearing or subpoena, the court of common pleas shall have 

jurisdiction, upon application of the Department, to issue an order requiring such person to appear and 

testify or produce evidence, as the case may require, and any failure to obey such order of the court may 

be punished by the court as a contempt thereof. 

HISTORY: 1962 Code Section 63-195.22; 1952 Code Section 70-129; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-200. Appeals. 

 Any person may appeal from any order of the Department within thirty days after the filing of the 

order, to the court of common pleas of any county in which the pollution occurs. The Department shall 

thereupon certify to the court the record in the hearing. The court shall review the record and the 

regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary 

appeals in equity. The court may order or permit further testimony on the merits of the case, in its 

discretion such testimony to be given either before the judge or referee by him appointed. From such 

judgment of the court an appeal may be taken as in other civil actions. 

HISTORY: 1962 Code Section 63-195.23; 1952 Code Section 70-131; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-210. Duties of Attorney General and solicitors. 

 The Attorney General shall be the legal adviser of the Department and shall upon request of the 

Department institute injunction proceedings or any other court action to accomplish the purpose of this 

chapter. In the prosecution of any criminal action by the Attorney General and in any proceeding before a 

grand jury in connection therewith the Attorney General may exercise all the powers and perform all the 

duties which the solicitor would otherwise be authorized or required to exercise or perform and in such a 

Attachment D 16
proceeding the solicitor shall exercise such powers and perform such duties as are requested of him by the 

Attorney General. 

HISTORY: 1962 Code Section 63-195.24; 1952 Code Section 70-132; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-220. Institution of prosecutions. 

 Prosecutions for the violation of a final determination or order shall be instituted only by the 

Department or as otherwise provided for in this chapter. 

HISTORY: 1962 Code Section 63-195.25; 1952 Code Sections 70-134, 70-135; 1950 (46) 2153; 1970 

(56) 2512; 1975 (59) 241. 

SECTION 48-1-230. Disposition of funds. 

 Any funds appropriated to or received by the Department shall be deposited in the State Treasury as 

provided by law. Such funds shall be paid out on warrants issued by the State as prescribed by law, but 

only on order of the authorized representatives of the Department and in accordance with an annual 

budget or amendments thereto approved by the Department at an official meeting, such order being the 

authority of the proper fiscal officials of the State for making payment. 

HISTORY: 1962 Code Section 63-195.26; 1952 Code Section 70-136; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-240. Chapter remedies are cumulative; estoppel. 

 It is the purpose of this chapter to provide additional and cumulative remedies to abate the pollution of 

the air and waters of the State and nothing herein contained shall abridge or alter rights of action in the 

civil courts or remedies existing in equity or under the common law or statutory law, nor shall any 

provision in this chapter or any act done by virtue of this chapter be construed as estopping the State, 

persons or municipalities, as riparian owners or otherwise, in the exercise of their rights under the 

common law, statutory law or in equity to suppress nuisances or to abate any pollution. 

HISTORY: 1962 Code Section 63-195.27; 1952 Code Section 70-137; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-250. No private cause of action created. 

 No private cause of action is created by or exists pursuant to this chapter. A determination by the 

department that pollution exists or a violation of a prohibition contained in this chapter has occurred, 

whether or not actionable by the State, creates no presumption of law or fact inuring to or for the benefit 

of a person other than the State. 

HISTORY: 1962 Code Section 63-195.28; 1952 Code Section 70-138; 1950 (46) 2153; 1970 (56) 

2512; 2012 Act No. 198, Section 3, eff June 6, 2012. 

SECTION 48-1-260. Conditions within industrial plants and employer-employee relations not affected. 

 Nothing contained in this chapter shall be deemed to grant to the Department any authority to make any 

rule, regulation or determination or to enter any order with respect to air conditions existing solely within 

Attachment D 17
the industrial boundaries of commercial and industrial plants, works or shops or to affect the relations 

between employers and employees with respect to or arising out of any air pollution within such 

boundaries. 

HISTORY: 1962 Code Section 63-195.29; 1965 (54) 687; 1970 (56) 2512. 

SECTION 48-1-270. Availability of records, reports, and information to the public; confidentiality of 

trade secrets. 

 Any records, reports or information obtained under any provision of this chapter shall be available to 

the public. Upon a showing satisfactory to the Department by any person that records, reports or 

information, or particular parts thereof, other than effluent or emission data, if made public would divulge 

methods or processes entitled to protection as trade secrets of such person, the Department shall consider 

such record, report or information or particular portion thereof confidential in the administration of this 

chapter. 

HISTORY: 1962 Code Section 63-195.30; 1965 (54) 687; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 

241. 

SECTION 48-1-280. Health laws not affected. 

 Nothing herein contained shall be construed to postpone, stay or abrogate the enforcement of the 

provisions of the public health laws of this State and rules and regulations promulgated hereunder in 

respect to discharges causing actual or potential hazards to public health nor to prevent the Department of 

Health and Environmental Control from exercising its right to prevent or abate nuisances. 

HISTORY: 1962 Code Section 63-195.31; 1952 Code Section 70-139; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-290. Emergency orders. 

 Whenever the Department finds that an emergency exists requiring immediate action to protect the 

public health or property, the Department, with concurrent notice to the Governor, may without notice or 

hearing issue an order reciting the existence of such an emergency and requiring that such action be taken 

as the Department deems necessary to meet the emergency. Such order shall be effective immediately. 

Any person to whom such order is directed shall comply therewith immediately, but on application to the 

Department or by direction of the Governor shall be afforded a hearing within forty-eight hours. On the 

basis of such hearing the Department shall continue such order in effect, revoke it or modify it. 

Regardless of whether a hearing is held, the Department shall revoke all emergency orders as soon as 

conditions or operations change to the extent that an emergency no longer exists. 

HISTORY: 1962 Code Section 63-195.32; 1970 (56) 2512; 1975 (59) 241. 

SECTION 48-1-300. Certain violations excused. 

 The civil and criminal liabilities herein imposed upon persons violating the provisions hereof shall not 

be construed to include any violation which was caused by an act of God, war, strike, riot or other 

catastrophe as to which negligence on the part of such person was not the proximate cause. 

HISTORY: 1962 Code Section 63-195.33; 1952 Code Section 70-122; 1950 (46) 2153; 1970 (56) 

2512. 

Attachment D 18
SECTION 48-1-310. Local air pollution control programs. 

 The governing body of any county is hereby authorized to establish, administer and enforce a local air 

pollution control program, subject to the approval of the Department. Such programs shall be formulated 

in accordance with standards and procedures adopted by the Department, and shall be subject to periodic 

review by the Department, which shall have the power to invalidate such programs if found to be 

unsatisfactory. County pollution control authorities, when constituted under this section, are hereby 

authorized to exercise in the geographic area involved all of the powers specified in this chapter, 

including the authority to adopt rules, regulations and procedures for the control of air pollution. 

HISTORY: 1962 Code Section 63-195.34; 1970 (56) 2512. 

SECTION 48-1-320. Penalties for violation of Pollution Control Act. 

 A person who wilfully or with gross negligence or recklessness violates a provision of this chapter or a 

regulation, permit, permit condition, or final determination or order of the department is guilty of a 

misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than 

twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or 

both. 

HISTORY: 1962 Code Section 63-195.35; 1952 Code Section 70-133; 1950 (46) 2153; 1964 (53) 

2393; 1969 (56) 764; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 241; 2001 Act No. 95, Section 1. 

SECTION 48-1-330. Civil penalties. 

 Any person violating any of the provisions of this chapter, or any rule or regulation, permit or permit 

condition, final determination or order of the Department, shall be subject to a civil penalty not to exceed 

ten thousand dollars per day of such violation. 

HISTORY: 1962 Code Section 63-195.35:1; 1973 (58) 788; 1975 (59) 241. 

SECTION 48-1-340. False statements, representations or certifications; falsifying, tampering with, or 

rendering inaccurate monitoring devices or methods. 

 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. 

HISTORY: 1975 (59) 241. 

SECTION 48-1-350. Penalties constitute debts to State; liens; disposition of moneys collected. 

 All penalties assessed under this chapter are held as a debt payable to the State by the person against 

whom they have been charged and constitute a lien against the property of the person. One-half of the 

civil penalties collected inure to the benefit of the county. The criminal penalties collected pursuant to 

Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205. 

Attachment D 19
HISTORY: 1962 Code Section 63-195.36; 1970 (56) 2512; 1994 Act No. 497, Part II, Section 36O. 

Attachment D 20
Attachment E 

State Agency Rule Making and Adjudication of Contested Cases 

(SC Code Section 1-23-10 et seq.) 
DISCLAIMER 

The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of 

Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General 

Assembly's website is now current through the 2013 session. The unannotated South Carolina Code, 

consisting only of Code text, numbering, and history may be copied from this website at the reader's 

expense and effort without need for permission. 

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff 

cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to 

understand and protect your legal rights, you should consult your own private lawyer regarding all legal 

questions. 

While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina 

Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code 

is not official, and the state agencies preparing this website and the General Assembly are not responsible 

for any errors or omissions which may occur in these files. Only the current published volumes of the 

South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official 

version. 

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or 

the features, format, or use of this website. However, you may notify the Legislative Services Agency at 

LSA@scstatehouse.gov regarding any apparent errors or omissions in content of Code sections on this 

website, in which case LSA will relay the information to appropriate staff members of the South Carolina 

Legislative Council for investigation. 

Attachment E 1
CHAPTER 23. 

 STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES 

ARTICLE 1. 

 STATE REGISTER AND CODE OF REGULATIONS 

SECTION 1-23-10. Definitions. 

 As used in this article: 

 (1) "Agency" or "State agency" means each state board, commission, department, executive 

department or officer, other than the legislature, the courts, the South Carolina Tobacco Community 

Development Board, or the Tobacco Settlement Revenue Management Authority, authorized by law to 

make regulations or to determine contested cases; 

 (2) "Document" means a regulation, notice or similar instrument issued or promulgated pursuant to 

law by a state agency; 

 (3) "Person" means any individual, partnership, corporation, association, governmental subdivision 

or public or private organization of any character other than an agency; 

 (4) "Regulation" means each agency statement of general public applicability that implements or 

prescribes law or policy or practice requirements of any agency. Policy or guidance issued by an agency 

other than in a regulation does not have the force or effect of law. The term "regulation" includes general 

licensing criteria and conditions and the amendment or repeal of a prior regulation, but does not include 

descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; 

decisions or orders in rate making, price fixing, or licensing matters; awards of money to individuals; 

policy statements or rules of local school boards; regulations of the National Guard; decisions, orders, or 

rules of the Board of Probation, Parole, and Pardon Services; orders of the supervisory or administrative 

agency of a penal, mental, or medical institution, in respect to the institutional supervision, custody, 

control, care, or treatment of inmates, prisoners, or patients; decisions of the governing board of a 

university, college, technical college, school, or other educational institution with regard to curriculum, 

qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees 

and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of 

the Human Affairs Commission relating to firms or individuals; advisory opinions of agencies; and other 

agency actions relating only to specified individuals. 

 (5) "Promulgation" means final agency action to enact a regulation after compliance with procedures 

prescribed in this article. 

 (6) "Division" means the Division of Research and Statistical Services in the State Budget and 

Control Board. 

 (7) "Substantial economic impact" means a financial impact upon: 

 (a) commercial enterprises; 

 (b) retail businesses; 

 (c) service businesses; 

 (d) industry; 

 (e) consumers of a product or service; 

 (f) taxpayers; or 

 (g) small businesses as defined in Section 1-23-270. 

HISTORY: 1977 Act No. 176, Art. I, Section 1; 1992 Act No. 507, Section 2; 1996 Act No. 411, 

Section 1; 1999 Act No. 77, Section 2; 2000 Act No. 387, Part II, Section 69A.3; 2004 Act No. 231, 

Section 3, eff January 1, 2005. 

Attachment E 2
SECTION 1-23-20. Custody, printing and distribution of documents charged to Legislative Council; 

establishment of State Register. 

 The Legislative Council is charged with the custody, printing and distribution of the documents 

required or authorized to be published in this article and with the responsibility for incorporating them 

into a State Register. Such Register shall include proposed as well as finally adopted documents required 

to be filed with the Council; provided, however, that publication of a synopsis of the contents of 

proposed regulations meets the requirements of this section. Additions to the State Register shall be 

published by the Legislative Council at least once every thirty days. 

HISTORY: 1977 Act No. 176, Art. I, Section 2. 

SECTION 1-23-30. Filing of documents with Legislative Council; public inspection; distribution. 

 The original and either two additional originals or two certified copies of each document authorized or 

required to be published in the State Register by this article shall be filed with the Legislative Council by 

the agency by which it is promulgated. Filing may be accomplished at all times when the Council office 

is open for official business. 

 The Council shall note upon each document filed the date and hour of filing and shall as soon as 

practicable publish such document in the State Register. Copies of all documents filed shall be available 

at the Council office for public inspection during office hours. 

 The Council shall transmit to the Clerk of Court of each county a copy of the State Register and all 

additions thereto when published. Clerks of Court shall maintain their copies of the Register in current 

form and provide for public inspection thereof. The Council shall transmit one original or certified copy 

of each document filed with the Council to the Department of Archives and History which shall be made 

available for public inspection in the office of the department. 

HISTORY: 1977 Act No. 176, Art. I, Section 3. 

SECTION 1-23-40. Documents required to be filed and published in State Register. 

 There shall be filed with the Legislative Council and published in the State Register: 

 (1) All regulations promulgated or proposed to be promulgated by state agencies which have general 

public applicability and legal effect, including all of those which include penalty provisions. Provided, 

however, that the text of regulations as finally promulgated by an agency shall not be published in the 

State Register until such regulations have been approved by the General Assembly in accordance with 

Section 1-23-120. 

 (2) Any other documents, upon agency request in writing. Comments and news items of any nature 

shall not be published in the Register. 

HISTORY: 1977 Act No. 176, Art. I, Section 4. 

SECTION 1-23-50. Legislative Council to establish procedures. 

 The Legislative Council shall establish procedures for carrying out the provisions of this article relating 

to the State Register and the form and filing of regulations. These procedures may provide among other 

things: 

 (1) The manner of certification of copies required to be filed under Section 1-23-40; 

 (2) The manner and form in which the documents or regulations shall be printed, reprinted, 

compiled, indexed, bound and distributed, including the compilation of the State Register ; 

Attachment E 3
 (3) The number of copies of the documents, regulations or compilations thereof, which shall be 

printed and compiled, the number which shall be distributed without charge to members of the General 

Assembly, officers and employees of the State or state agencies for official use and the number which 

shall be available for distribution to the public; 

 (4) The prices to be charged for individual copies of documents or regulations and subscriptions to 

the compilations and reprints and bound volumes of them. 

HISTORY: 1977 Act No. 176, Art. I, Section 5; 1979 Act No. 188, Section 2. 

SECTION 1-23-60. Effect of filing and of publication of documents and regulations; rebuttable 

presumption of compliance; judicial notice of contents. 

 A document or regulation required by this article to be filed with the Legislative Council shall not be 

valid against a person who has not had actual knowledge of it until the document or regulation has been 

filed with the office of the Legislative Council, printed in the State Register and made available for public 

inspection as provided by this article. Unless otherwise specifically provided by statute, filing and 

publication of a document or regulation in the State Register as required or authorized by this article is 

sufficient to give notice of the contents of the document or regulation to a person subject to or affected by 

it. The publication of a document filed in the office of the Legislative Council creates a rebuttable 

presumption: 

 (1) That it was duly issued, prescribed or promulgated subject to further action required under this 

article; 

 (2) That it was filed and made available for public inspection at the day and hour stated in the printed 

notation thereon required under Section 1-23-30; 

 (3) That the copy on file in the Legislative Council is a true copy of the original; 

 The contents of filed documents shall be judicially noticed and, without prejudice to any other mode of 

citation, may be cited by volume and page number or the numerical designation assigned to it by the 

Legislative Council. 

HISTORY: 1977 Act No. 176, Art. I, Section 6. 

SECTION 1-23-70. Duty of Attorney General. 

 The Attorney General shall be responsible for the interpretation of this article and for the compliance 

by agencies required to file documents with the Legislative Council under the provisions of this article 

and shall upon request advise such agencies of necessary procedures to insure compliance therewith. 

HISTORY: 1977 Act No. 176, Art. I, Section 7. 

SECTION 1-23-80. Costs incurred and revenues collected by Legislative Council. 

 The cost of printing, reprinting, wrapping, binding and distributing the documents, regulations or 

compilations thereof, including the State Register, and other expenses incurred by the Legislative Council 

in carrying out the duties placed upon it by this article shall be funded by the appropriations to the council 

in the annual state general appropriations act. All revenue derived from the sale of the documents and 

regulations shall be deposited in the general fund of the State. 

HISTORY: 1977 Act No. 176, Art. I, Section 8. 

SECTION 1-23-90. Complete codifications of documents; Code of State Regulations designated. 

Attachment E 4
 (a) The Legislative Council may provide for, from time to time as it considers necessary, the 

preparation and publication of complete codifications of the documents of each agency having general 

applicability and legal effect, issued or promulgated by the agency which are relied upon by the agency as 

authority for, or are invoked or used by it in the discharge of, its activities or functions. 

 (b) A codification published under item (a) of this section shall be designated as the "Code of State 

Regulations". The Legislative Council may regulate the binding of the printed codifications into separate 

books with a view to practical usefulness and economical manufacture. Each book shall contain an 

explanation of its coverage and other aids to users that the Legislative Council may require. A general 

index to the entire Code of State Regulations may be separately printed and bound. 

 (c) The Legislative Council shall regulate the supplementation and republication of the printed 

codifications with a view to keeping the Code of State Regulations as current as practicable. 

 (d) The authority granted in this section is supplemental to and not in conflict with the establishment of 

the State Register as provided for in other provisions of this article. 

HISTORY: 1977 Act No. 176, Art. I, Section 9. 

SECTION 1-23-100. Exemptions for Executive Orders, proclamations or documents issued by 

Governor's Office; treatment of some Executive Orders for information purposes. 

 This article shall not apply to Executive Orders, proclamations or documents issued by the Governor's 

Office. However, Governor's Executive Orders, having general applicability and legal effect shall be 

transmitted by the Secretary of State to the Legislative Council to be published in a separate section of the 

State Register for information purposes only. Such orders shall not be subject to General Assembly 

approval. 

HISTORY: 1977 Act No. 176, Art. I, Section 10. 

SECTION 1-23-110. Procedures for publication of notice of proposed promulgation of regulations; 

public participation; contest of regulation for procedural defects. 

 (A) Before the promulgation, amendment, or repeal of a regulation, an agency shall: 

 (1) give notice of a drafting period by publication of a notice in the State Register. The notice must 

include: 

 (a) the address to which interested persons may submit written comments during the initial 

drafting period before the regulations are submitted as proposed; 

 (b) a synopsis of what the agency plans to draft; 

 (c) the agency's statutory authority for promulgating the regulation; 

 (2) submit to the division, no later than the date the notice required in item (3) is published in the 

State Register, a preliminary assessment report prepared in accordance with Section 1-23-115 on 

regulations having a substantial economic impact; 

 (3) give notice of a public hearing at which the agency will receive data, views, or arguments, orally 

and in writing, from interested persons on proposed regulations by publication of a notice in the State 

Register if requested by twenty-five persons, by a governmental subdivision or agency, or by an 

association having not less than twenty-five members. The notice must include: 

 (a) the address to which written comments must be sent and the time period of not less than thirty 

days for submitting these comments; 

 (b) the date, time, and place of the public hearing which must not be held sooner than thirty days 

from the date the notice is published in the State Register; 

 (c) a narrative preamble and the text of the proposed regulation. The preamble shall include a 

section-by-section discussion of the proposed regulation and a justification for any provision not required 

to maintain compliance with federal law including, but not limited to, grant programs; 

Attachment E 5
 (d) the statutory authority for its promulgation; 

 (e) a preliminary fiscal impact statement prepared by the agency reflecting estimates of costs to be 

incurred by the State and its political subdivisions in complying with the proposed regulation. A 

preliminary fiscal impact statement is not required for those regulations which are not subject to General 

Assembly review under Section 1-23-120; 

 (f) a summary of the preliminary assessment report submitted by the agency to the division and 

notice that copies of the preliminary report are available from the agency. The agency may charge a 

reasonable fee to cover the costs associated with this distribution requirement. A regulation that does not 

require an assessment report because it does not have a substantial economic impact, must include a 

statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 

1-23-115(E) must include an explanation of the exemption; 

 (g) statement of the need and reasonableness of the regulation as determined by the agency based 

on an analysis of the factors listed in Section 1-23-115(C)(1) through (11). At no time is an agency 

required to include items (4) through (8) in the reasonableness and need determination. However, 

comments related to items (4) through (8) received by the agency during the public comment periods 

must be made part of the official record of the proposed regulations. 

 (h) the location where a person may obtain from the agency a copy of the detailed statement of 

rationale as required by this item. For new regulations and significant amendments to existing regulations, 

an agency shall prepare and make available to the public upon request a detailed statement of rationale 

which shall state the basis for the regulation, including the scientific or technical basis, if any, and shall 

identify any studies, reports, policies, or statements of professional judgment or administrative need relied 

upon in developing the regulation. This subitem does not apply to regulations which are not subject to 

General Assembly review under Section 1-23-120. 

 (B) Notices required by this section must be mailed by the promulgating agency to all persons who 

have made timely requests of the agency for advance notice of proposed promulgation of regulations. 

 (C)(1) The agency shall consider fully all written and oral submissions respecting the proposed 

regulation. 

 (2) Following the public hearing and consideration of all submissions, an agency must not submit a 

regulation to the General Assembly for review if the regulation contains a substantive change in the 

content of regulation as proposed pursuant to subsection (A)(3) and the substantive change was not raised, 

considered, or discussed by public comment received pursuant to this section. The agency shall refile 

such a regulation for publication in the State Register as a proposed regulation pursuant to subsection 

(A)(3). 

 (D) A proceeding to contest a regulation on the ground of noncompliance with the procedural 

requirements of this section must be commenced within one year from the effective date of the regulation. 

HISTORY: 1977 Act No. 176, Art. I, Section 11; 1980 Act No. 442, Section 1; 1985 Act No. 190, 

Section 2; 1988 Act No. 605, Section 1; 1989 Act No. 91, Section 1; 1992 Act No. 507, Section 3; 

1993 Act No. 181, Section 11; 1996 Act No. 411, Sections 2, 3; 2002 Act No. 231, Section 1; 2007 Act. 

No. 104, Section 1, eff July 1, 2008. 

SECTION 1-23-111. Regulation process; public hearings; report of presiding official; options upon 

unfavorable determination. 

 (A) When a public hearing is held pursuant to this article involving the promulgation of regulations by 

a department for which the governing authority is a single director, it must be conducted by an 

administrative law judge assigned by the chief judge. When a public hearing is held pursuant to this 

article involving the promulgation of regulations by a department for which the governing authority is a 

board or commission, it must be conducted by the board or commission, with the chairman presiding. 

The administrative law judge or chairman, as the presiding official, shall ensure that all persons involved 

in the public hearing on the regulation are treated fairly and impartially. The agency shall submit into the 

Attachment E 6
record the jurisdictional documents, including the statement of need and reasonableness as determined by 

the agency based on an analysis of the factors listed in Section 1-23-115(C)(1) through (11), except items 

(4) through (8), and any written exhibits in support of the proposed regulation. The agency may also 

submit oral evidences. Interested persons may present written or oral evidence. The presiding official 

shall allow questioning of agency representatives or witnesses, or of interested persons making oral 

statements, in order to explain the purpose or intended operation of the proposed regulation, or a 

suggested modification, or for other purposes if material to the evaluation or formulation of the proposed 

regulation. The presiding official may limit repetitive or immaterial statements or questions. At the 

request of the presiding official or the agency, a transcript of the hearing must be prepared. 

 (B) After allowing all written material to be submitted and recorded in the record of the public hearing 

no later than five working days after the hearing ends, unless the presiding official orders an extension for 

not more than twenty days, the presiding official shall issue a written report which shall include findings 

as to the need and reasonableness of the proposed regulation based on an analysis of the factors listed in 

Section 1-23-115(C)(1) through (11), except items (4) through (8), and other factors as the presiding 

official identifies and may include suggested modifications to the proposed regulations in the case of a 

finding of lack of need or reasonableness. 

 (C) If the presiding official determines that the need for or reasonableness of the proposed regulation 

has not been established, the agency shall elect to: 

 (a) modify the proposed regulation by including the suggested modifications of the presiding official; 

 (b) not modify the proposed regulation in accordance with the presiding official's suggested 

modifications in which case the agency shall submit to the General Assembly, along with the promulgated 

regulation submitted for legislative review, a copy of the presiding official's written report; or 

 (c) terminate the promulgation process for the proposed regulation by publication of a notice in the 

State Register and the termination is effective upon publication of the notice. 

HISTORY: 1993 Act No. 181, Section 11A; 1996 Act No. 411, Section 4. 

SECTION 1-23-115. Regulations requiring assessment reports; report contents; exceptions; 

preliminary assessment reports. 

 (A) Upon written request by two members of the General Assembly, made before submission of a 

promulgated regulation to the General Assembly for legislative review, a regulation that has a substantial 

economic impact must have an assessment report prepared pursuant to this section and in accordance with 

the procedures contained in this article. In addition to any other method as may be provided by the 

General Assembly, the legislative committee to which the promulgated regulation has been referred, by 

majority vote, may send a written notification to the promulgating agency informing the agency that the 

committee cannot approve the promulgated regulation unless an assessment report is prepared and 

provided to the committee. The written notification tolls the running of the one hundred-twenty-day 

legislative review period, and the period does not begin to run again until an assessment report prepared 

in accordance with this article is submitted to the committee. Upon receipt of the assessment report, 

additional days must be added to the days remaining in the one hundred-twenty-day review period, if less 

than twenty days, to equal twenty days. A copy of the assessment report must be provided to each 

member of the committee. 

 (B) A state agency must submit to the State Budget and Control Board, Division of Research and 

Statistical Services, a preliminary assessment report on regulations which have a substantial economic 

impact. Upon receiving this report the division may require additional information from the promulgating 

agency, other state agencies, or other sources. A state agency shall cooperate and provide information to 

the division on requests made pursuant to this section. The division shall prepare and publish a final 

assessment report within sixty days after the public hearing held pursuant to Section 1-23-110. The 

division shall forward the final assessment report and a summary of the final report to the promulgating 

agency. 

Attachment E 7
 (C) The preliminary and final assessment reports required by this section must disclose the effects of 

the proposed regulation on the public health and environmental welfare of the community and State and 

the effects of the economic activities arising out of the proposed regulation. Both the preliminary and 

final reports required by this section may include: 

 (1) a description of the regulation, the purpose of the regulation, the legal authority for the 

regulation, and the plan for implementing the regulation; 

 (2) a determination of the need for and reasonableness of the regulation as determined by the agency 

based on an analysis of the factors listed in this subsection and the expected benefit of the regulation; 

 (3) a determination of the costs and benefits associated with the regulation and an explanation of 

why the regulation is considered to be the most cost-effective, efficient, and feasible means for allocating 

public and private resources and for achieving the stated purpose; 

 (4) the effect of the regulation on competition; 

 (5) the effect of the regulation on the cost of living and doing business in the geographical area in 

which the regulation would be implemented; 

 (6) the effect of the regulation on employment in the geographical area in which the regulation 

would be implemented; 

 (7) the source of revenue to be used for implementing and enforcing the regulation; 

 (8) a conclusion on the short-term and long-term economic impact upon all persons substantially 

affected by the regulation, including an analysis containing a description of which persons will bear the 

costs of the regulation and which persons will benefit directly and indirectly from the regulation; 

 (9) the uncertainties associated with the estimation of particular benefits and burdens and the 

difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. 

A determination of the need for the regulation shall consider qualitative and quantitative benefits and 

burdens; 

 (10) the effect of the regulation on the environment and public health; 

 (11) the detrimental effect on the environment and public health if the regulation is not implemented. 

An assessment report must not consider benefits or burdens on out-of-state political bodies or businesses. 

The assessment of benefits and burdens which cannot be precisely quantified may be expressed in 

qualitative terms. This subsection must not be interpreted to require numerically precise cost-benefit 

analysis. At no time is an agency required to include items (4) through (8) in a preliminary assessment 

report or statement of the need and reasonableness; however, these items may be included in the final 

assessment report prepared by the division. 

 (D) If information required to be included in the assessment report materially changes at any time 

before the regulation is approved or disapproved by the General Assembly, the agency must submit the 

corrected information to the division which must forward a revised assessment report to the Legislative 

Council for submission to the committees to which the regulation was referred during General Assembly 

review. 

 (E) An assessment report is not required on: 

 (1) regulations specifically exempt from General Assembly review by Section 1-23-120; however, if 

any portion of a regulation promulgated to maintain compliance with federal law is more stringent than 

federal law, then that portion is not exempt from this section; 

 (2) emergency regulations filed in accordance with Section 1-23-130; however, before an 

emergency regulation may be refiled pursuant to Section 1-23-130, an assessment report must be prepared 

in accordance with this section; 

 (3) regulations which control the hunting or taking of wildlife including fish or setting times, 

methods, or conditions under which wildlife may be taken, hunted, or caught by the public, or opening 

public lands for hunting and fishing. 

HISTORY: 1992 Act No. 507, Section 1; 1993 Act No. 181, Section 12; 1996 Act No. 411, Sections 5, 

6. 

Attachment E 8
SECTION 1-23-120. Approval of regulations; submission to Legislative Council for submission to 

General Assembly; contents, requirements and procedures; compliance with federal law. 

 (A) All regulations except those specifically exempted pursuant to subsection (H) must be filed with 

Legislative Council for submission to the General Assembly for review in accordance with this article; 

however, a regulation must not be filed with Legislative Council for submission to the General Assembly 

more than one year after publication of the drafting notice initiating the regulation pursuant to Section 

1-23-110, except those regulations requiring a final assessment report as provided in Sections 1-23-270 

and 1-23-280. 

 (B) To initiate the process of review, the agency shall file with the Legislative Council for submission 

to the President of the Senate and the Speaker of the House of Representatives a document containing: 

 (1) a copy of the regulations promulgated; 

 (2) in the case of regulations proposing to amend an existing regulation or any clearly identifiable 

subdivision or portion of a regulation, the full text of the existing regulation or the text of the identifiable 

portion of the regulation; text that is proposed to be deleted must be stricken through, and text that is 

proposed to be added must be underlined; 

 (3) a request for review; 

 (4) a brief synopsis of the regulations submitted which explains the content and any changes in 

existing regulations resulting from the submitted regulations; 

 (5) a copy of the final assessment report and the summary of the final report prepared by the division 

pursuant to Section 1-23-115. A regulation that does not require an assessment report because the 

regulation does not have a substantial economic impact must include a statement to that effect. A 

regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an 

explanation of the exemption; 

 (6) a copy of the fiscal impact statement prepared by the agency as required by Section 1-23-110; 

 (7) a detailed statement of rationale which states the basis for the regulation, including the scientific 

or technical basis, if any, and identifies any studies, reports, policies, or statements of professional 

judgment or administrative need relied upon in developing the regulation; 

 (8) a copy of the economic impact statement, as provided in Section 1-23-270(C)(1)(a); and 

 (9) a copy of the regulatory flexibility analysis, as provided in Section 1-23-270(C)(1)(b). 

 (C) Upon receipt of the regulation, the President and Speaker shall refer the regulation for review to the 

standing committees of the Senate and House which are most concerned with the function of the 

promulgating agency. A copy of the regulation or a synopsis of the regulation must be given to each 

member of the committee, and Legislative Council shall notify all members of the General Assembly 

when regulations are submitted for review either through electronic means or by addition of this 

information to the website maintained by the Legislative Services Agency, or both. The committees to 

which regulations are referred have one hundred twenty days from the date regulations are submitted to 

the General Assembly to consider and take action on these regulations. However, if a regulation is 

referred to a committee and no action occurs in that committee on the regulation within sixty calendar 

days of receipt of the regulation, the regulation must be placed on the agenda of the full committee 

beginning with the next scheduled full committee meeting. 

 (D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the 

regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not 

been introduced by a standing committee to which the regulation was referred for review, the regulation is 

effective upon publication in the State Register. Upon introduction of the first joint resolution 

disapproving a regulation by a standing committee to which the regulation was referred for review, the 

one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the 

emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been 

introduced by a standing committee to which the regulation was referred. Upon a negative vote by either 

the Senate or House of Representatives on the resolution disapproving the regulation and the notification 

in writing of the negative vote to the Speaker of the House of Representatives and the President of the 

Attachment E 9
Senate by the Clerk of the House in which the negative vote occurred, the remainder of the period begins 

to run. If the remainder of the period is less than ninety days, additional days must be added to the 

remainder to equal ninety days. The introduction of a joint resolution by the committee of either house 

does not prevent the introduction of a joint resolution by the committee of the other house to either 

approve or disapprove the regulations concerned. A joint resolution approving or disapproving a 

regulation must include: 

 (1) the synopsis of the regulation as required by subsection (B)(4); 

 (2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 

or, as required by subsection (B)(5), the statement or explanation that an assessment report is not required 

or is exempt. 

 (E) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the 

President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of 

review, and the remainder of the period begins to run upon the next convening of the General Assembly 

excluding special sessions called by the Governor. 

 (F) Any member of the General Assembly may introduce a joint resolution approving or disapproving a 

regulation thirty days following the date the regulations concerned are referred to a standing committee 

for review and no committee joint resolution approving or disapproving the regulations has been 

introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant 

to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic 

approval. 

 (G) A regulation is deemed withdrawn if it has not become effective, as provided in this article, by the 

date of publication of the next State Register published after the end of the two-year session in which the 

regulation was submitted to the President and Speaker for review. Other provisions of this article 

notwithstanding, a regulation deemed withdrawn pursuant to this subsection may be resubmitted by the 

agency for legislative review during the next legislative session without repeating the requirements of 

Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes for 

the previously submitted version. 

 (H) General Assembly review is not required for regulations promulgated: 

 (1) to maintain compliance with federal law including, but not limited to, grant programs; however, 

the synopsis of the regulation required to be submitted by subsection (B)(4) must include citations to 

federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption. 

If the underlying federal law which constituted the basis for the exemption of a regulation from General 

Assembly review pursuant to this item is vacated, repealed, or otherwise does not have the force and 

effect of law, the state regulation is deemed repealed and without legal force and effect as of the date the 

promulgating state agency publishes notice in the State Register that the regulation is deemed repealed. 

The agency must publish the notice in the State Register no later than sixty days from the effective date 

the underlying federal law was rendered without legal force and effect. Upon publication of the notice, the 

prior version of the state regulation, if any, is reinstated and effective as a matter of law. The notice 

published in the State Register shall identify the specific provisions of the state regulation that are 

repealed as a result of the invalidity of the underlying federal law and shall provide the text of the prior 

regulation, if any, which is reinstated. The agency may promulgate additional amendments to the 

regulation by complying with the applicable requirements of this chapter; 

 (2) by the state Board of Financial Institutions in order to authorize state-chartered banks, 

state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that 

are authorized pursuant to Section 34-1-110; 

 (3) by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue 

procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain 

conformity with the Internal Revenue Code as defined in Section 12-6-40; 

 (4) as emergency regulations under Section 1-23-130. 

 (I) For purposes of this section, only those calendar days occurring during a session of the General 

Assembly, excluding special sessions, are included in computing the days elapsed. 

Attachment E 10
 (J) Each state agency, which promulgates regulations or to which the responsibility for administering 

regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal 

review of all regulations which it has promulgated or for which it has been transferred the responsibility 

of administering, except that those regulations described in subsection (H) are not subject to this review. 

Upon completion of the review, the agency shall submit to the Code Commissioner a report which 

identifies those regulations: 

 (1) for which the agency intends to begin the process of repeal in accordance with this article; 

 (2) for which the agency intends to begin the process of amendment in accordance with this article; 

and 

 (3) which do not require repeal or amendment. 

 Nothing in this subsection may be construed to prevent an agency from repealing or amending a 

regulation in accordance with this article before or after it is identified in the report to the Code 

Commissioner. 

HISTORY: 1977 Act No. 176, Art. I, Section 12; 1979 Act No. 188, Section 3; 1980 Act No. 442, 

Section 2; 1981 Act No. 21, Section 1; 1982 Act No. 414, Section 1; 1986 Act No. 414, Section 14; 

1988 Act No. 605, Section 2; 1989 Act No. 91, Section 2; 1992 Act No. 507, Section 4; 1993 Act No. 

181, Section 13; 1996 Act No. 411, Section 7; 1996 Act No. 411, Section 8; 1997 Act No. 114, Section 

1; 2002 Act No. 231, Section 2; 2004 Act No. 231, Sections 4, 5, eff January 1, 2005; 2007 Act No. 

104, Section 2, eff July 1, 2008; 2011 Act No. 33, Section 1, eff June 7, 2011; 2013 Act No. 31, Section 

3, eff May 21, 2013. 

SECTION 1-23-125. Approval, disapproval and modification of regulations. 

 (A) The legislative committee to which a regulation is submitted is not authorized to amend a particular 

regulation and then introduce a joint resolution approving the regulation as amended; however, this 

provision does not prevent the introduction of a resolution disapproving one or more of a group of 

regulations submitted to the committee and approving others submitted at the same time or deleting a 

clearly separable portion of a single regulation and approving the balance of the regulation in the 

committee resolution. 

 (B) If a majority of a committee determines that it cannot approve a regulation in the form submitted, it 

shall notify the promulgating agency in writing along with its recommendations as to changes that would 

be necessary to obtain committee approval. The agency may: 

 (1) withdraw the regulation from the General Assembly and resubmit it with the recommended 

changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days 

is considered permanently withdrawn; 

 (2) withdraw the regulation permanently; 

 (3) take no action and abide by whatever action is taken or not taken by the General Assembly on the 

regulation concerned. 

 (C) The notification tolls the one-hundred-twenty-day period for automatic approval, and when an 

agency withdraws regulations from the General Assembly prior to the time a committee resolution to 

approve or disapprove the regulation has been introduced, the remainder of the period begins to run only 

on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the 

regulations, additional days must be added to the days remaining in the review period for automatic 

approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be 

given to each member of the committee. If an agency decides to take no action pursuant to subsection 

(B)(3), it shall notify the committee in writing and the remainder of the period begins to run only upon 

this notification. 

 (D) This section, as it applies to approval, disapproval, or modification of regulations, does not apply to 

joint resolutions introduced by other than the committees to which regulations are initially referred by the 

Lieutenant Governor or the Speaker of the House of Representatives. 

Attachment E 11
 (E) A regulation submitted to the General Assembly for review may be withdrawn by the agency for 

any reason. The regulation may be resubmitted by the agency for legislative review during the legislative 

session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted 

regulation contains no substantive changes from the previously submitted version. 

HISTORY: 1979 Act No. 188, Section 1; 1980 Act No. 442, Section 3; 1982 Act No. 414, Section 1; 

1979 Act No. 188, Section 1; 1980 Act No. 442, Section 3; 1982 Act No. 414, Section 1; 1988 Act No. 

605, Section 3; 1996 Act No. 411, Section 9; 2007 Act No. 104, Section 3, eff July 1, 2008. 

SECTION 1-23-126. Petition requesting promulgation, amendment or repeal of regulation. 

 An interested person may petition an agency in writing requesting the promulgation, amendment or 

repeal of a regulation. Within thirty days after submission of such petition, the agency shall either deny 

the petition in writing (stating its reasons for the denial) or shall initiate the action in such petition. 

HISTORY: 1980 Act No. 442, Section 6. 

SECTION 1-23-130. Emergency regulations. 

 (A) If an agency finds that an imminent peril to public health, safety, or welfare requires immediate 

promulgation of an emergency regulation before compliance with the procedures prescribed in this article 

or if a natural resources related agency finds that abnormal or unusual conditions, immediate need, or the 

state's best interest requires immediate promulgation of emergency regulations to protect or manage 

natural resources, the agency may file the regulation with the Legislative Council and a statement of the 

situation requiring immediate promulgation. The regulation becomes effective as of the time of filing. 

 (B) An emergency regulation filed under this section which has a substantial economic impact may not 

be refiled unless accompanied by the summary of the final assessment report prepared by the division 

pursuant to Section 1-23-115 and a statement of need and reasonableness is prepared by the agency 

pursuant to Section 1-23-111. 

 (C) If emergency regulations are either filed or expire while the General Assembly is in session, the 

emergency regulations remain in effect for ninety days only and may not be refiled; but if emergency 

regulations are both filed and expire during a time when the General Assembly is not in session they may 

be refiled for an additional ninety days. 

 (D) Emergency regulations and the agency statement as to the need for and reasonableness of 

immediate promulgation must be published in the next issue of the State Register following the date of 

filing. The summary of the final assessment report required for refiling emergency regulations pursuant 

to subsection (B) must also be published in the next issue of the State Register. 

 (E) An emergency regulation promulgated pursuant to this section may be permanently promulgated by 

complying with the requirements of this article. 

HISTORY: 1977 Act No. 176, Art. I, Section 13; 1980 Act No. 442, Section 4; 1986 Act No. 478, 

Section 1; 1992 Act No. 507, Section 5; 1993 Act No. 181, Section 14. 

SECTION 1-23-140. Duties of state agencies; necessity for public inspection. 

 (a) In addition to other requirements imposed by law, each agency shall: 

 (1) Adopt and make available for public inspection a description of its organization, stating the 

general course and method of its operations and the methods whereby the public may obtain information 

or make submissions or requests; 

Attachment E 12
 (2) Adopt and make available for public inspection a written policy statement setting forth the nature 

and requirements of all formal and informal procedures available, including a description of all forms and 

instructions used by the agency; 

 (3) Make available for public inspection all final orders, decisions and opinions except as otherwise 

provided by law. 

 (b) No agency rule, order or decision is valid or effective against any person or party, nor may it be 

invoked by the agency for any purpose until it has been made available for public inspection as required 

by this article and Article 2. This provision is not applicable in favor of any person or party who has 

actual knowledge thereof. 

HISTORY: 1977 Act No. 176, Art. I, Section 14. 

SECTION 1-23-150. Appeals contesting authority of agency to promulgate regulation. 

 (a) Any person may petition an agency in writing for a declaratory ruling as to the applicability of any 

regulation of the agency or the authority of the agency to promulgate a particular regulation. The agency 

shall, within thirty days after receipt of such petition, issue a declaratory ruling thereon. 

 (b) After compliance with the provisions of paragraph (a) of this section, any person affected by the 

provisions of any regulation of an agency may petition the Circuit Court for a declaratory judgment 

and/or injunctive relief if it is alleged that the regulation or its threatened application interferes with or 

impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff or that the 

regulation exceeds the regulatory authority of the agency. The agency shall be made a party to the action. 

HISTORY: 1977 Act No. 176, Art. I, Section 15; 1980 Act No. 442, Section 5. 

SECTION 1-23-160. Prior filed regulations unaffected. 

 All regulations of state agencies promulgated according to law and filed with the Secretary of State as 

of January 1, 1977, shall have the full force and effect of law. All regulations of state agencies 

promulgated under this article and effective as of June 30, 1994 shall have the full force and effect of law. 

HISTORY: 1977 Act No. 176, Art. I, Section 16; 1993 Act No. 181, Section 15. 

ARTICLE 2. 

 SMALL BUSINESS REGULATORY FLEXIBILITY 

SECTION 1-23-270. Small business defined; economic impact statements; impact reduction options; 

judicial review of agency compliance; periodic review of regulations. 

 (A) This article may be cited as the "South Carolina Small Business Regulatory Flexibility Act of 

2004". 

 (B) As used in this article "small business" means a commercial retail service, industry entity, or 

nonprofit corporation, including its affiliates, that: 

 (1) is, if a commercial retail service or industry service, independently owned and operated; and 

 (2) employs fewer than one hundred full-time employees or has gross annual sales or program 

service revenues of less than five million dollars. 

 (C) Before an agency submits to the General Assembly for review a regulation that may have a 

significant adverse impact on small businesses, the agency, if directed by the Small Business Regulatory 

Review Committee, shall prepare: 

 (1) an economic impact statement that includes the following: 

Attachment E 13
 (a) an identification and estimate of the number of small businesses subject to the proposed 

regulation; 

 (b) the projected reporting, recordkeeping, and other administrative costs required for compliance 

with the proposed regulation, including the type of professional skills necessary for preparation of the 

report or record; 

 (c) a statement of the economic impact on small businesses; and 

 (d) a description of less intrusive or less costly alternative methods of achieving the purpose of the 

proposed regulation; 

 (2) a regulatory flexibility analysis in which the agency, where consistent with health, safety, and 

environmental and economic welfare, shall consider utilizing regulatory methods that accomplish the 

objectives of applicable statutes while minimizing a significant adverse impact on small businesses. 

 (D) The agency shall consider, without limitation, each of the following methods of reducing the 

impact of the proposed regulation on small businesses: 

 (1) establishment of less stringent compliance or reporting requirements for small businesses; 

 (2) establishment of less stringent schedules or deadlines for compliance or reporting requirements 

for small businesses; 

 (3) consolidation or simplification of compliance or reporting requirements for small businesses; 

 (4) establishment of performance standards for small businesses to replace design or operational 

standards required in the proposed regulation; and 

 (5) exemption of small businesses from all or a part of the requirements contained in the proposed 

regulation. 

 (E) A small business that is adversely impacted or aggrieved in connection with the promulgation of a 

regulation is entitled to judicial review of agency compliance with the requirements of this article. A 

small business may seek that review during the period beginning on the date of final agency action. 

 (F)(1) Each state agency, which promulgates regulations or to which the responsibility for 

administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, 

conduct a formal review of all regulations which it has promulgated or for which it has been transferred 

the responsibility of administering, except that those regulations described in Section 1-23-120(H) are not 

subject to this review. Upon completion of the review, the agency shall submit to the Code 

Commissioner a report which identifies those regulations: 

 (a) for which the agency intends to begin the process of repeal in accordance with this article; 

 (b) for which the agency intends to begin the process of amendment in accordance with this 

article; and 

 (c) which do not require repeal or amendment. 

 Nothing in this subsection may be construed to prevent an agency from repealing or amending a 

regulation in accordance with Article 1 before or after it is identified in the report to the Code 

Commissioner. 

 (2) Regulations that take effect on or after the effective date of this article must be reviewed within 

five years of the publication of the final regulation in the State Register and every five years after that to 

ensure that they minimize economic impact on small businesses in a manner consistent with the stated 

objectives of applicable statutes. 

 (3) In reviewing regulations to minimize their economic impact on small businesses, the agency shall 

consider the: 

 (a) continued need for the regulation; 

 (b) nature of complaints or comments received concerning the regulation from the public; 

 (c) complexity of the regulation; 

 (d) extent to which the regulation overlaps, duplicates, or conflicts with other federal, state, and 

local governmental regulations; and 

 (e) length of time since the regulation has been evaluated or the degree to which technology, 

economic conditions, or other factors have changed in the area affected by the regulation. 

Attachment E 14
HISTORY: 2004 Act No. 231, Section 2, eff January 1, 2005; 2007 Act No. 104, Section 4, eff July 1, 

2008. 

SECTION 1-23-280. Small Business Regulatory Review Committee; membership; terms. 

 (A)(1) There is established a Small Business Regulatory Review Committee within the South Carolina 

Department of Commerce. For purposes of this article, "committee" is the Small Business Regulatory 

Review Committee and "department" is the South Carolina Department of Commerce. 

 (2) The duties of the committee, in determining if a proposed permanent regulation has a significant 

adverse impact on small businesses, are to: 

 (a) direct the promulgating agency to prepare the regulatory flexibility analysis described in 

Section 1-23-270(C)(2) no later than the end of the public comment period that follows the notice of 

proposed regulation, as provided in Section 1-23-110(A)(3); and 

 (b) request, at the committee's discretion, the Office of Research and Statistics of the Budget and 

Control Board to prepare a final assessment report, as provided in Section 1-23-115(B), of the proposed 

permanent regulation no later than the end of the public comment period that follows the notice of 

proposed regulation, as provided in Section 1-23-110(A)(3). The committee may request a final 

assessment report from the Office of Research and Statistics only in cases where the committee 

determines that information in addition to the agency's economic impact as provided in Section 

1-23-270(C)(1) is critical in the committee's determination that a proposed permanent regulation has a 

significant adverse impact on small business. The Office of Research and Statistics: 

 (i) within the review and comment period, shall perform a final assessment report of the 

regulation on small businesses within sixty days of a request for assessment by the committee, and the 

promulgating agency has sixty days to complete a regulatory flexibility analysis; and 

 (ii) may request additional information from the agency. The sixty-day final assessment report 

deadline must be tolled until the time that the Office of Research and Statistics receives the requested 

additional information. The one-year deadline for submission of regulations to the General Assembly as 

provided in Section 1-23-120(A) also must be tolled until the time that both analyses are prepared and 

presented to the committee; and 

 (c) submit to the promulgating agency, no later than thirty days after receipt of the regulatory 

flexibility analysis prepared by the promulgating agency and, if requested by the committee, after receipt 

of the final assessment report prepared by the Office of Research and Statistics, a written statement 

advising the agency that a proposed permanent regulation has a significant adverse impact on small 

business. 

 (3) This subsection does not limit the committee's ability to petition a state agency to amend, revise, 

or revoke an existing regulation. 

 (4) Staff support for the committee must be provided by the department. The department shall act 

only as a coordinator for the committee, and may not provide legal counsel for the committee. 

 (B) The committee shall consist of eleven members, appointed as follows: 

 (1) five members to be appointed by the Governor; 

 (2) three members to be appointed by the President Pro Tempore of the Senate; and 

 (3) three members to be appointed by the Speaker of the House of Representatives. 

 (C) In addition, the Chairman of the Labor, Commerce and Industry Committee of the South Carolina 

Senate and the Chairman of the Labor, Commerce and Industry Committee of the South Carolina House 

of Representatives, or their designees, shall serve as nonvoting, ex officio members of the committee. 

During the committee review process, the director or his designee, of the promulgating agency shall be 

available at the request of the committee for comment on the proposed regulation. 

 (D) Appointments to the committee must be representative of a variety of small businesses in this State. 

All appointed members shall be either current or former owners or officers of a small business. 

 (E) The initial appointments to the committee must be made within sixty days from the effective date 

of this act. The department shall provide the name and address of each appointee to the Governor, the 

Attachment E 15
President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chairmen of 

the House and Senate Labor, Commerce and Industry Committees. 

 (F)(1) Members initially appointed to the committee shall serve for terms ending December 31, 2005. 

Thereafter, appointed members shall serve two-year terms that expire on December thirty-first of the 

second year. 

 (2) The Governor shall appoint the initial chairman of the committee from the appointed members 

for a term ending December 31, 2006, and shall appoint subsequent chairs of the committee from the 

appointed members for two-year terms that expire on December thirty-first of the second year. 

 (3) The committee shall meet as determined by its chairman. 

 (4) A majority of the voting members of the committee constitutes a quorum to do business. The 

concurrence of a majority of the members of the committee present and voting is necessary for an action 

of the committee to be valid. 

 (5) An appointed committee member may not serve more than three consecutive terms. 

HISTORY: 2004 Act No. 231, Section 2, eff January 1, 2005. 

SECTION 1-23-290. Petition opposing regulation having significant adverse impact; determination of 

whether impact statement or public hearing addressed economic impact; waiver or reduction of 

administrative penalties. 

 (A) For promulgated regulations, the committee may file a written petition with the agency that has 

promulgated the regulations opposing all or part of a regulation that has a significant adverse impact on 

small business. 

 (B) Within sixty days after the receipt of the petition, the agency shall determine whether the impact 

statement or the public hearing addressed the actual and significant impact on small business or if 

conditions justifying the regulation have changed. The agency shall submit a written response of its 

determination to the committee within sixty days after receipt of the petition. If the agency determines 

that the petition merits the amendment, revision, or revocation of a regulation, the agency may initiate 

proceedings in accordance with the applicable requirements of the Administrative Procedures Act. 

 (C) If the agency determines that the petition does not merit the amendment or repeal of a regulation, 

the committee promptly shall convene a meeting for the purpose of determining whether to recommend 

that the agency initiate proceedings to amend or repeal the regulation in accordance with the 

Administrative Procedures Act. The review must be based upon the actual record presented to the agency. 

The committee shall base its recommendation on any of the following reasons: 

 (1) the actual impact on small business was not reflected in, or significantly exceeded, the economic 

impact statement formulated by the Office of Research and Statistics, pursuant to Section 1-23-280(A)(2); 

 (2) the actual impact was not previously considered by the agency in its economic impact statement 

formulated pursuant to Section 1-23-270(C) or its regulatory flexibility analysis formulated pursuant to 

Section 1-23-280(A)(2); or 

 (3) the technology, economic conditions, or other relevant factors justifying the purpose for the 

regulations have changed or no longer exist. 

 (D) If the committee recommends that an agency initiate regulation proceedings for a reason provided 

in subsection (C), the committee shall submit to the Speaker of the House of Representatives and the 

President Pro Tempore of the Senate an evaluation report and the agency's response as provided in 

Section 1-23-290(B). The General Assembly may take later action in response to the evaluation report 

and the agency's response as the General Assembly finds appropriate. 

 (E)(1) Notwithstanding another provision of law, an agency authorized to assess administrative 

penalties or administrative fines upon a business may waive or reduce an administrative penalty or 

administrative fine for a violation of a regulation by a small business if the: 

 (a) small business corrects the violation within thirty days or less after receipt of a notice of 

violation or citation; or 

Attachment E 16
 (b) violation was the result of an excusable misunderstanding of the agency's interpretation of a 

regulation. 

 (2) Item (1) does not apply if: 

 (a) a small business has been notified previously of the violation of a regulation by the agency 

pursuant to Section 1-23-290(E)(1) and has been given an opportunity to correct the violation on a 

previous occasion; 

 (b) a small business fails to exercise good faith in complying with the regulation; 

 (c) a violation involves wilful or criminal conduct; 

 (d) a violation results in imminent or adverse health, safety, or environmental impact; or 

 (e) the penalty or fine is assessed pursuant to a federal law or regulation, for which a waiver or 

reduction is not authorized by the federal law or regulation. 

HISTORY: 2004 Act No. 231, Section 2, eff January 1, 2005. 

SECTION 1-23-300. Applicability. 

 This article does not apply to emergency regulations promulgated pursuant to Section 1-23-130 or 

regulations promulgated pursuant to Chapter 9 of Title 46 or Chapter 4 of Title 47 or to proposed 

regulations by an agency to implement a statute or ordinance that does not require an agency to interpret 

or describe the requirements of the statute or ordinance, such as state legislative or federally mandated 

provisions that do not allow discretion to consider less restrictive alternatives or to a federal regulation 

that has gone through the federal regulatory flexibility act, if the federal review process is the same as or 

is stricter than the requirements of these sections. 

HISTORY: 2004 Act No. 231, Section 2, eff January 1, 2005. 

ARTICLE 3. 

 ADMINISTRATIVE PROCEDURES 

SECTION 1-23-310. Definitions. 

 As used in this article: 

 (1) "Administrative law judge" means a judge of the South Carolina Administrative Law Court created 

pursuant to Section 1-23-500; 

 (2) "Agency" means each state board, commission, department, or officer, other than the legislature, the 

courts, or the Administrative Law Court, authorized by law to determine contested cases; 

 (3) "Contested case" means a proceeding including, but not restricted to, ratemaking, price fixing, and 

licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by 

an agency after an opportunity for hearing; 

 (4) "License" includes the whole or part of any agency permit, franchise, certificate, approval, 

registration, charter, or similar form of permission required by law, but it does not include a license 

required solely for revenue purposes; 

 (5) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled 

as of right to be admitted as a party; 

 (6) "Person" means any individual, partnership, corporation, association, governmental subdivision, or 

public or private organization of any character other than an agency. 

HISTORY: 1977 Act No. 176, Art. II, Section 1; 1980 Act No. 442, Section 7; 1993 Act No. 181, 

Section 16; 1998 Act No. 359, Section 1; 2008 Act No. 334, Section 3, eff June 16, 2008. 

Attachment E 17
SECTION 1-23-320. Notice and hearing in contested case; depositions; subpoenas; informal 

disposition; content of record. 

 (A) In a contested case, all parties must be afforded an opportunity for hearing after notice of not less 

than thirty days, except in proceedings before the Department of Employment and Workforce, which are 

governed by the provisions of Section 41-35-680. 

 (B) The notice must include a: 

 (1) statement of the time, place, and nature of the hearing; 

 (2) statement of the legal authority and jurisdiction under which the hearing is to be held; 

 (3) reference to the particular sections of the statutes and rules involved; 

 (4) short and plain statement of the matters asserted. If the agency or other party is unable to state the 

matters in detail at the time the notice is served, the initial notice may be limited to a statement of the 

issues involved. Thereafter, upon application, a more definite and detailed statement must be furnished. 

 (C) A party to these proceedings may cause to be taken the depositions of witnesses within or without 

the State and either by commission or de bene esse. Depositions must be taken in accordance with and 

subject to the same provisions, conditions, and restrictions as apply to the taking of like depositions in 

civil actions at law in the court of common pleas; and the same rules with respect to the giving of notice 

to the opposite party, the taking and transcribing of testimony, the transmission and certification of it, and 

matters of practice relating to it apply. 

 (D) The agency hearing a contested case may issue subpoenas in the name of the agency for the 

attendance and testimony of witnesses and the production and examination of books, papers, and records 

on its own behalf or, upon request, on behalf of another party to the case. 

 A party to the proceeding may seek enforcement of or relief from an agency subpoena before the 

Administrative Law Court pursuant to Section 1-23-600(F). 

 (E) Opportunity must be afforded all parties to respond and present evidence and argument on all issues 

involved. 

 (F) Unless precluded by law, informal disposition may be made of a contested case by stipulation, 

agreed settlement, consent order, or default. 

 (G) The record in a contested case must include: 

 (1) all pleadings, motions, intermediate rulings, and depositions; 

 (2) evidence received or considered; 

 (3) a statement of matters officially noticed; 

 (4) questions and offers of proof, objections, and rulings on the contested case; 

 (5) proposed findings and exceptions; 

 (6) any decision, opinion, or report by the officer presiding at the hearing. 

 (H) Oral proceedings or any part of the oral proceedings must be transcribed on request of a party. 

 (I) Findings of fact must be based exclusively on the evidence and on matters officially noticed. 

HISTORY: 1977 Act No. 176, Art. II, Section 2; 1983 Act No. 56, Section 1; 1993 Act No. 181, 

Section 17; 1998 Act No. 359, Section 2; 2008 Act No. 334, Section 4, eff June 16, 2008. 

SECTION 1-23-330. Evidentiary matters in contested cases. 

 In contested cases: 

 (1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Except in proceedings 

before the Industrial Commission the rules of evidence as applied in civil cases in the court of common 

pleas shall be followed. Agencies shall give effect to the rules of privilege recognized by law. Objections 

to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a 

hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of 

the evidence may be received in written form; 

Attachment E 18
 (2) Documentary evidence may be received in the form of copies or excerpts, if the original is not 

readily available. Upon request, parties shall be given an opportunity to compare the copy with the 

original; 

 (3) Any party may conduct cross-examination; 

 (4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally 

recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be 

notified either before or during the hearing or by reference in preliminary reports or otherwise of the 

material noticed including any staff memoranda or data, and they shall be afforded an opportunity to 

contest the material so noticed. The agency's experience, technical competence and specialized 

knowledge may be utilized in the evaluation of the evidence. 

HISTORY: 1977 Act No. 176, Art. II, Section 3; 1979 Act No. 188, Section 6. 

SECTION 1-23-340. Procedure in contested cases where majority of those who are to render final 

decision are unfamiliar with case. 

 When in a contested case a majority of the officials of the agency who are to render the final decision 

have not heard the case or reviewed the record, the decision, if adverse to a party to the proceeding other 

than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an 

opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral 

argument to the officials who are to render the decision. The proposal for decision shall contain a 

statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, 

prepared by the person who conducted the hearing or one who has read the record. The parties by written 

stipulation may waive compliance with this section. 

HISTORY: 1977 Act No. 176, Art. II, Section 4. 

SECTION 1-23-350. Final decision or order in contested case. 

 A final decision or order adverse to a party in a contested case shall be in writing or stated in the 

record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings 

of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the 

underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed 

findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified 

either personally or by mail of any decision or order. Upon request a copy of the decision or order shall 

be delivered or mailed forthwith to each party and to his attorney of record. 

HISTORY: 1977 Act No. 176, Art. II, Section 5. 

SECTION 1-23-360. Communication by members or employees of agency assigned to decide contested 

case. 

 Unless required for the disposition of ex parte matters authorized by law, members or employees of an 

agency assigned to render a decision or to make findings of fact and conclusions of law in a contested 

case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or 

party, nor, in connection with any issue of law, with any party or his representative, except upon notice 

and opportunity for all parties to participate. An agency member: 

 (1) May communicate with other members of the agency; and 

 (2) May have the aid and advice of one or more personal assistants. 

Attachment E 19
 Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and 

upon conviction shall be fined not more than two hundred fifty dollars or imprisoned for not more than 

six months. 

HISTORY: 1977 Act No. 176, Art. II, Section 6. 

SECTION 1-23-370. Procedures regarding issuance, denial or renewal of licenses. 

 (a) When the grant, denial or renewal of a license is required to be preceded by notice and opportunity 

for hearing, the provisions of this article and Article 1 concerning contested cases apply. 

 (b) When a licensee has made timely and sufficient application for the renewal of a license or a new 

license with reference to any activity of a continuing nature, the existing license does not expire until the 

application has been finally determined by the agency, and, in case the application is denied or the terms 

of the new license limited, until the last day for seeking review of the agency order or a later date fixed by 

order of the reviewing court. 

 (c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the 

institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct 

which warrant the intended action, and the licensee was given an opportunity to show compliance with all 

lawful requirements for the retention of the license. If the agency finds that public health, safety or 

welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, 

summary suspension of a license may be ordered pending proceedings for revocation or other action. 

These proceedings shall be promptly instituted and determined. 

HISTORY: 1977 Act No. 176, Art. II, Section 7. 

SECTION 1-23-380. Judicial review upon exhaustion of administrative remedies. 

 A party who has exhausted all administrative remedies available within the agency and who is 

aggrieved by a final decision in a contested case is entitled to judicial review pursuant to this article and 

Article 1. This section does not limit utilization of or the scope of judicial review available under other 

means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or 

intermediate agency action or ruling is immediately reviewable if review of the final agency decision 

would not provide an adequate remedy. Except as otherwise provided by law, an appeal is to the court of 

appeals. 

 (1) Proceedings for review are instituted by serving and filing notice of appeal as provided in the South 

Carolina Appellate Court Rules within thirty days after the final decision of the agency or, if a rehearing 

is requested, within thirty days after the decision is rendered. Copies of the notice of appeal must be 

served upon the agency and all parties of record. 

 (2) Except as otherwise provided in this chapter, the serving and filing of the notice of appeal does not 

itself stay enforcement of the agency decision. The serving and filing of a notice of appeal by a licensee 

for review of a fine or penalty or of its license stays only those provisions for which review is sought and 

matters not affected by the notice of appeal are not stayed. The serving or filing of a notice of appeal does 

not automatically stay the suspension or revocation of a permit or license authorizing the sale of beer, 

wine, or alcoholic liquor. The agency may grant, or the reviewing court may order, a stay upon 

appropriate terms, upon the filing of a petition under Rule 65 of the South Carolina Rules of Civil 

Procedure. 

 (3) If a timely application is made to the court for leave to present additional evidence, and it is shown 

to the satisfaction of the court that the additional evidence is material and that there were good reasons for 

failure to present it in the proceeding before the agency, the court may order that the additional evidence 

be taken before the agency upon conditions determined by the court. The agency may modify its findings 

Attachment E 20
and decision by reason of the additional evidence and shall file the evidence and modifications, new 

findings, or decisions with the reviewing court. 

 (4) The review must be conducted by the court and must be confined to the record. In cases of alleged 

irregularities in procedure before the agency, not shown in the record, and established by proof 

satisfactory to the court, the case may be remanded to the agency for action as the court considers 

appropriate. 

 (5) The court may not substitute its judgment for the judgment of the agency as to the weight of the 

evidence on questions of fact. The court may affirm the decision of the agency or remand the case for 

further proceedings. The court may reverse or modify the decision if substantial rights of the appellant 

have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: 

 (a) in violation of constitutional or statutory provisions; 

 (b) in excess of the statutory authority of the agency; 

 (c) made upon unlawful procedure; 

 (d) affected by other error of law; 

 (e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; 

or 

 (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of 

discretion. 

HISTORY: 1977 Act No. 176, Art. II, Section 8; 1993 Act No. 181, Section 18; 2006 Act No. 387, 

Section 2, eff July 1, 2006; 2008 Act No. 334, Section 5, eff June 16, 2008. 

SECTION 1-23-390. Supreme Court review. 

 An aggrieved party may obtain a review of a final judgment of the circuit court or the court of appeals 

pursuant to this article by taking an appeal in the manner provided by the South Carolina Appellate Court 

Rules as in other civil cases. 

HISTORY: 1977 Act No. 176, Art. II, Section 9; 1999 Act No. 55, Section 4; 2006 Act No. 387, 

Section 3, eff July 1, 2006. 

SECTION 1-23-400. Application of article. 

 The provisions of this article shall not apply to any matters pending on June 13, 1977. The provisions 

of Sections 1-23-360 and 1-23-370 shall not apply to any agency which under existing statutes have 

established and follow notice and hearing procedures which are in compliance with such sections. 

HISTORY: 1977 Act No. 176, Art. II, Section 10. 

ARTICLE 5. 

 SOUTH CAROLINA ADMINISTRATIVE LAW COURT 

SECTION 1-23-500. South Carolina Administrative Law Court created; number of judges. 

 There is created the South Carolina Administrative Law Court, which is an agency and a court of 

record within the executive branch of the government of this State. The court shall consist of a total of six 

administrative law judges. The administrative law judges shall be part of the state employees retirement 

system. 

Attachment E 21
HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Section 9; 2004 Act No. 202, Section 1, 

eff April 26, 2004. 

SECTION 1-23-505. Definitions. 

 As used in this article: 

 (1) "Administrative law judge" means a judge of the South Carolina Administrative Law Court created 

pursuant to Section 1-23-500. 

 (2) "Agency" means a state agency, department, board, or commission whose action is the subject of a 

contested case hearing or an appellate proceeding heard by an administrative law judge, or a public 

hearing on a proposed regulation presided over by an administrative law judge. 

 (3) "Contested case" means a proceeding including, but not restricted to, ratemaking, price fixing, and 

licensing, in which the legal rights, duties, or privileges of a party are required by law or by Article I, 

Section 22, Constitution of the State of South Carolina, 1895, to be determined by an agency or the 

Administrative Law Court after an opportunity for hearing. 

 (4) "License" includes the whole or part of any agency permit, franchise, certificate, approval, 

registration, charter, or similar form of permission required by law, but does not include a license required 

solely for revenue purposes. 

 (5) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled 

as of right to be admitted as a party. 

 (6) "Person" means any individual, partnership, corporation, association, governmental subdivision, or 

public or private organization of any character other than an agency. 

HISTORY: 2008 Act No. 334, Section 1, eff June 16, 2008. 

SECTION 1-23-510. Election of judges; terms. 

 (A) The judges of the division must be elected by the General Assembly in joint session, for a term of 

five years and until their successors are elected and qualify; provided, that of those judges initially 

elected, the chief judge, elected to Seat 1 must be elected for a term of five years, the judge elected to Seat 

2 must be elected for a term of three years, the judge elected to Seat 3 must be elected for a term of one 

year. The remaining judges of the division must be elected for terms of office to begin February 1, 1995, 

for terms of five years and until their successors are elected and qualify; provided, that those judges 

elected to seats whose terms of office are to begin on February 1, 1995, to Seat 4 must be initially elected 

for a term of five years, the judge elected to Seat 5 must be initially elected for a term of three years, and 

the judge elected to Seat 6 must be initially elected for a term of one year. The terms of office of the 

judges of the division for Seats 1, 2, and 3 shall begin on March 1, 1994. The terms of office of the 

judges of the division for Seats 4, 5, and 6 shall begin on February 1, 1995. The terms of office of each of 

the seats shall terminate on the thirtieth day of June in the final year of the term for the respective seats. 

 (B) In electing administrative law judges, race, gender, and other demographic factors including age, 

residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, 

and representation to the greatest extent possible of all segments of the population of this State. 

 (C) Before election as an administrative law judge, a candidate must undergo screening pursuant to the 

provisions of Section 2-19-10, et seq. 

 (D) Each seat on the division must be numbered. Elections are required to be for a specific seat. The 

office of chief administrative law judge is a separate and distinct office for the purpose of an election. 

 (E) In the event that there is a vacancy in the position of the chief administrative law judge or for any 

reason the chief administrative law judge is unable to act, his powers and functions must be exercised by 

the most senior administrative law judge as determined by the date of their election to the division. 

HISTORY: 1993 Act No. 181, Section 19; 1999 Act No. 39, Section 1. 

Attachment E 22
SECTION 1-23-520. Eligibility for office. 

 No person is eligible for the office of law judge of the division who does not at the time of his election 

meet the qualification for justices and judges as set forth in Article V of the Constitution of this State. 

HISTORY: 1993 Act No. 181, Section 19. 

SECTION 1-23-525. Members of General Assembly disqualified for office of law judge. 

 No member of any General Assembly who is not otherwise prohibited from being elected to an 

administrative law judge position may be elected to such position while he is a member of the General 

Assembly and for a period of four years after he ceases to be a member of the General Assembly. 

HISTORY: 1993 Act No. 181, Section 19. 

SECTION 1-23-530. Oath of office. 

 The judges of the division shall qualify after the date of their election by taking the constitutional oath 

of office. 

HISTORY: 1993 Act No. 181, Section 19. 

SECTION 1-23-535. Official seal. 

 The Administrative Law Court shall have a seal with a suitable inscription, an impression of which 

must be filed with the Secretary of State. 

HISTORY: 2008 Act No. 334, Section 2, eff June 16, 2008. 

SECTION 1-23-540. Compensation; full-time position. 

 The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit 

court judges of this State. The remaining judges shall receive as annual salary equal to eighty percent of 

that paid to the circuit court judges of this State. They are not allowed any fees or perquisites of office, 

nor may they hold any other office of honor, trust, or profit. Administrative law judges in the 

performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is 

authorized by law for circuit court judges. 

 Each administrative law judge shall devote full time to his duties as an administrative law judge, and 

may not practice law during his term of office, nor may he during this term be a partner or associate with 

anyone engaged in the practice of law in this State. 

HISTORY: 1993 Act No. 181, Section 19. 

SECTION 1-23-550. Vacancies. 

 All vacancies in the office of administrative law judge must be filled in the manner of original 

appointment. When a vacancy is filled, the judge elected shall hold office only for the unexpired term of 

his predecessor. 

HISTORY: 1993 Act No. 181, Section 19. 

Attachment E 23
SECTION 1-23-560. Application of Code of Judicial Conduct; enforcement by State Ethics 

Commission; attending judicial-related functions. 

 Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the 

South Carolina Appellate Court Rules. The sole grounds for discipline and sanctions for administrative 

law judges are those contained in the Code of Judicial Conduct in Rule 502, Rule 7 of the South Carolina 

Appellate Court Rules. The State Ethics Commission, which is responsible for enforcement and 

administration of those rules shall use the procedure contained in Section 8-13-320. Notwithstanding 

another provision of law, an administrative law judge and the judge's spouse or guest may accept an 

invitation to attend a judicial-related or bar-related function, or an activity devoted to the improvement of 

the law, legal system, or the administration of justice. 

HISTORY: 1993 Act No. 181, Section 19; 2008 Act No. 334, Section 6, eff June 16, 2008. 

SECTION 1-23-570. Chief Judge responsible for administration of division. 

 The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the 

division, including budgetary matters, assignment of cases, and the administrative duties and 

responsibilities of the support staff. The chief judge shall assign judges of the division to hear all cases of 

the various state departments and commissions for which it is responsible on a general rotation and 

interchange basis by scheduling and assigning administrative law judges based upon subject matter no 

less frequently than every six months. 

HISTORY: 1993 Act No. 181, Section 19; 1998 Act No. 359, Section 3. 

SECTION 1-23-580. Clerk of division; assistants to administrative law judges; other staff. 

 (A) A clerk of the division, to be appointed by the chief judge, must be appointed and is responsible for 

the custody and keeping of the records of the division. The clerk of the division shall perform those other 

duties as the chief judge may prescribe. 

 (B) Each administrative law judge may appoint, hire, contract, and supervise an administrative assistant 

as individually allotted and authorized in the annual general appropriations act. 

 (C) The other support staff of the division is as authorized by the General Assembly in the annual 

general appropriations act and shall be hired, contracted, and supervised by the chief judge. The division 

may engage stenographers for the transcribing of the proceedings in which an administrative law judge 

presides. It may contract for these stenographic functions, or it may use stenographers provided by the 

agency or commission. 

HISTORY: 1993 Act No. 181, Section 19; 1998 Act No. 359, Section 4. 

SECTION 1-23-590. Appropriation of funds. 

 The General Assembly in the annual general appropriations act shall appropriate those funds necessary 

for the operation of the Administrative Law Judge Division. 

HISTORY: 1993 Act No. 181, Section 19. 

SECTION 1-23-600. Hearings and proceedings. 

Attachment E 24
 (A) An administrative law judge shall preside over all hearings of contested cases as defined in Section 

1-23-505 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the 

departments of the executive branch of government as defined in Section 1-30-10 in which a single 

hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and 

decide these cases, except those arising under the: 

 (1) Consolidated Procurement Code; 

 (2) Public Service Commission; 

 (3) Department of Employment and Workforce; 

 (4) Workers' Compensation Commission, except as provided in Section 42-15-90; or 

 (5) other cases or hearings which are prescribed for or mandated by federal law or regulation, unless 

otherwise by statute or regulation specifically assigned to the jurisdiction of the Administrative Law 

Court. Unless otherwise provided by statute, the standard of proof in a contested case is by a 

preponderance of the evidence. The South Carolina Rules of Evidence apply in all contested case 

proceedings before the Administrative Law Court. 

 (B) All requests for a hearing before the Administrative Law Court must be filed in accordance with 

the court's rules of procedure. A party that files a request for a hearing with the Administrative Law Court 

must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the 

chief judge shall assign an administrative law judge to the case. Notice of the contested case hearing must 

be issued in accordance with the rules of procedure of the Administrative Law Court. 

 (C) A full and complete record must be kept of all contested cases and regulation hearings before an 

administrative law judge. All testimony must be reported, but need not be transcribed unless a transcript is 

requested by a party. The party requesting a transcript is responsible for the costs involved. Proceedings 

before administrative law judges are open to the public unless confidentiality is allowed or required by 

law. The presiding administrative law judge shall render the decision in a written order. The decisions or 

orders of administrative law judges are not required to be published but are available for public inspection 

unless confidentiality is allowed or required by law. 

 (D) An administrative law judge also shall preside over all appeals from final decisions of contested 

cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of 

South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service 

Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided 

in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the 

circuit court as provided in Section 11-35-4410, and an appeal from the Workers' Compensation 

Commission is to the court of appeals as provided in Section 42-17-60. An administrative law judge shall 

not hear an appeal from an inmate in the custody of the Department of Corrections involving the loss of 

the opportunity to earn sentence-related credits pursuant to Section 24-13-210(A) or Section 

24-13-230(A) or an appeal involving the denial of parole to a potentially eligible inmate by the 

Department of Probation, Parole and Pardon Services. 

 (E) Review by an administrative law judge of a final decision in a contested case, heard in the appellate 

jurisdiction of the Administrative Law Court, must be in the same manner as prescribed in Section 

1-23-380 for judicial review of final agency decisions with the presiding administrative law judge 

exercising the same authority as the court of appeals, provided that a party aggrieved by a final decision 

of an administrative law judge is entitled to judicial review of the decision by the court of appeals 

pursuant to the provisions of Section 1-23-610. 

 (F) Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief 

may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 

1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive 

relief as part of a civil action filed in the court of common pleas. 

 (G) Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review 

and enforce an administrative process issued by an agency or by a department of the executive branch of 

government, as defined in Section 1-30-10, such as a subpoena, administrative search warrant, cease and 

desist order, or other similar administrative order or process. A department or agency of the executive 

Attachment E 25
branch of government authorized by law to seek an administrative process may apply to the 

Administrative Law Court to issue or enforce an administrative process. A party aggrieved by an 

administrative process issued by a department or agency of the executive branch of government may 

apply to the Administrative Law Court for relief from the process as provided in the Rules of the 

Administrative Law Court. 

 (H)(1) This subsection applies to timely requests for a contested case hearing pursuant to this section of 

decisions by departments governed by a board or commission authorized to exercise the sovereignty of 

the State. 

 (2) A request for a contested case hearing for an agency order stays the order. A request for a 

contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A 

request for a contested case hearing for a decision to renew a license for an ongoing activity stays the 

renewed license, the previous license remaining in effect pending completion of administrative review. A 

request for a contested case hearing for a decision to issue a new license stays all actions for which the 

license is a prerequisite; however, matters not affected by the request may not be stayed by the filing of 

the request. If the request is filed for a subsequent license related to issues substantially similar to those 

considered in a previously licensed matter, the license may not be automatically stayed by the filing of the 

request. If the requesting party asserts in the request that the issues are not substantially similar to those 

considered in a previously licensed matter, then the license must be stayed until further order of the 

Administrative Law Court. Requests for contested case hearings challenging only the amount of fines or 

penalties must be deemed not to affect those portions of orders imposing substantive requirements. 

 (3) The general rule of subsection (H)(2) does not stay emergency actions taken by an agency 

pursuant to an applicable statute or regulation. 

 (4) After a contested case is initiated before the Administrative Law Court, a party may move before 

the presiding administrative law judge to lift the stay imposed pursuant to this subsection. Upon motion 

by any party, the court shall lift the stay for good cause shown or if no irreparable harm will occur, then 

the stay shall be lifted. A hearing must be held within thirty days after the motion is filed with the court 

and served upon the parties to lift the automatic stay or for a determination of the applicability of the 

automatic stay. The judge must issue an order no later than fifteen business days after the hearing is 

concluded. 

 (5) A final decision issued by the Administrative Law Court in a contested case may not be stayed 

except by order of the Administrative Law Court or the court of appeals. 

 (6) Nothing contained in this subsection constitutes a limitation on the authority of the 

Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court. 

 (I) If a final order of the Administrative Law Court is not appealed in accordance with the provisions of 

Section 1-23-610, upon request of a party to the proceedings, the clerk of the Administrative Law Court 

shall file a certified copy of the final order with a clerk of the circuit court, as requested, or court of 

competent jurisdiction, as requested. After filing, the certified order has the same effect as a judgment of 

the court where filed and may be recorded, enforced, or satisfied in the same manner as a judgment of that 

court. 

 (J) If an attorney of record is called to appear in actions pending in other tribunals in this State, the 

action in the Administrative Law Court has priority as is appropriate. Courts and counsel have the 

obligation to adjust schedules to accord with the spirit of comity between the Administrative Law Court 

and other state courts. 

HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Sections 1, 5; 1995 Act No. 92, Section 

1; 2004 Act No. 202, Section 2, eff April 26, 2004; 2006 Act No. 381, Section 1, eff June 13, 2006; 

2006 Act No. 387, Section 4, eff July 1, 2006; 2007 Act No. 111, Pt I, Section 1, eff July 1, 2007, 

applicable to injuries that occur on or after that date; 2008 Act No. 188, Section 1, eff January 1, 2009; 

2008 Act No. 201, Section 13, eff February 10, 2009; 2008 Act No. 334, Section 7, eff June 16, 2008; 

2010 Act No. 278, Section 23, eff July 1, 2010; 2012 Act No. 183, Section 2, eff June 7, 2012; 2012 Act 

No. 212, Section 1, eff June 7, 2012. 

Attachment E 26
SECTION 1-23-610. Judicial review of final decision of administrative law judge; stay of enforcement 

of decision. 

 (A)(1) For judicial review of a final decision of an administrative law judge, a notice of appeal by an 

aggrieved party must be served and filed with the court of appeals as provided in the South Carolina 

Appellate Court Rules in civil cases and served on the opposing party and the Administrative Law Court 

not more than thirty days after the party receives the final decision and order of the administrative law 

judge. Appeal in these matters is by right. 

 (2) Except as otherwise provided in this chapter, the serving and filing of the notice of appeal does 

not itself stay enforcement of the administrative law judge's decision. The serving and filing of a notice of 

appeal by a licensee for review of a fine or penalty or of its license stays only those provisions for which 

review is sought and matters not affected by the notice of appeal are not stayed. The serving or filing of a 

notice of appeal does not automatically stay the suspension or revocation of a permit or license 

authorizing the sale of beer, wine, or alcoholic liquor. Upon motion, the administrative law judge may 

grant, or the court of appeals may order, a stay upon appropriate terms. 

 (B) The review of the administrative law judge's order must be confined to the record. The court may 

not substitute its judgment for the judgment of the administrative law judge as to the weight of the 

evidence on questions of fact. The court of appeals may affirm the decision or remand the case for further 

proceedings; or, it may reverse or modify the decision if the substantive rights of the petitioner have been 

prejudiced because the finding, conclusion, or decision is: 

 (a) in violation of constitutional or statutory provisions; 

 (b) in excess of the statutory authority of the agency; 

 (c) made upon unlawful procedure; 

 (d) affected by other error of law; 

 (e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; 

or 

 (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of 

discretion. 

HISTORY: 1993 Act No. 181, Section 19; 2006 Act No. 387, Section 5, eff July 1, 2006; 2008 Act No. 

334, Section 8, eff June 16, 2008. 

SECTION 1-23-630. Powers of law judges. 

 (A) Each administrative law judge of the division has the same power at chambers or in open hearing 

as do circuit court judges and to issue those remedial writs as are necessary to give effect to its 

jurisdiction. 

 (B) An administrative law judge may authorize the use of mediation in a manner that does not conflict 

with other provisions of law and is consistent with the division's rules of procedure. 

HISTORY: 1993 Act No. 181, Section 19; 2003 Act No. 39, Section 1. 

SECTION 1-23-640. Principal offices of court; where cases heard. 

 The court shall maintain its principal offices in the City of Columbia. However, judges of the court 

shall hear contested cases at the court's offices or at a suitable location outside the City of Columbia when 

determined by the chief judge. 

HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Section 6; 2008 Act No. 334, Section 9, 

eff June 16, 2008. 

Attachment E 27
SECTION 1-23-650. Promulgation of rules. 

 (A) Rules governing the internal administration and operations of the Administrative Law Court must 

be: 

 (1) proposed by the chief judge of the court and adopted by a majority of the judges of the court; or 

 (2) proposed by any judge of the court and adopted by seventy-five percent of the judges of the 

court. 

 (B) Rules governing practice and procedure before the court which are: 

 (1) consistent with the rules of procedure governing civil actions in courts of common pleas; and 

 (2) not otherwise expressed in Chapter 23, Title 1; upon approval by a majority of the judges of the 

court must be promulgated by the court and are subject to review as are rules of procedure promulgated 

by the Supreme Court under Article V of the Constitution. 

 (C) All hearings before an administrative law judge must be conducted exclusively in accordance with 

the rules of procedure promulgated by the court pursuant to this section. All other rules of procedure for 

the hearing of contested cases or appeals by individual agencies, whether promulgated by statute or 

regulation, are of no force and effect in proceedings before an administrative law judge. 

HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Section 2; 1998 Act No. 359, Section 5; 

2006 Act No. 387, Section 6, eff July 1, 2006. 

SECTION 1-23-660. Office of Motor Vehicle Hearings; conduct of hearings; applicability of Code of 

Judicial Conduct; appeals. 

 (A) There is created within the Administrative Law Court the Office of Motor Vehicle Hearings. The 

chief judge of the Administrative Law Court shall serve as the director of the Office of Motor Vehicle 

Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the 

Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 

2006. The hearing officers and staff positions, together with the appropriations relating to these positions, 

are transferred to the Office of Motor Vehicle Hearings of the Administrative Law Court on January 1, 

2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the chief 

judge of the court and shall continue to exercise their adjudicatory functions, duties, and responsibilities 

under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such 

other functions and duties as the chief judge of the court prescribes. All employees of the office shall 

serve at the will of the chief judge. The chief judge is solely responsible for the administration of the 

office, the assignment of cases, and the administrative duties and responsibilities of the hearing officers 

and staff. Notwithstanding another provision of law, the chief judge also has the authority to promulgate 

rules governing practice and procedures before the Office of Motor Vehicle Hearings. These rules are 

subject to review as are the rules of procedure promulgated by the Supreme Court pursuant to Article V of 

the South Carolina Constitution. 

 (B) Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance 

with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Office of 

Motor Vehicle Hearings, at suitable locations as determined by the chief judge. For purposes of this 

section, any law enforcement agency that employs an officer who requested a breath test and any law 

enforcement agency that employs a person who acted as a breath test operator resulting in a suspension 

pursuant to Section 56-1-286 or 56-5-2951 is a party to the hearing and shall be served with appropriate 

notice, afforded the opportunity to request continuances and participate in the hearing, and provided a 

copy of all orders issued in the action. Representatives of the Department of Motor Vehicles are not 

required to appear at implied consent, habitual offender, financial responsibility, or point suspension 

hearings. However, if the Department of Motor Vehicles elects not to appear through a representative at 

any implied consent hearing, or through the submission of documentary evidence at any habitual 

Attachment E 28
offender, financial responsibility, or point suspension hearing, and it wishes to appeal the decision, it must 

first file a motion for reconsideration with the Office of Motor Vehicle Hearings within ten days after 

receipt of the hearing officer's decision. The hearing officer must issue a written order upon the motion 

for reconsideration within thirty days. The Department of Motor Vehicles may file a notice of appeal with 

the Administrative Law Court within thirty days after receipt of the hearing officer's order on the motion 

for reconsideration. The Administrative Law Court must dismiss any appeal which does not meet the 

requirements of this subsection. 

 (C) The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the 

South Carolina Appellate Court Rules. The State Ethics Commission is responsible for the enforcement 

and administration of those rules and for the issuance of advisory opinions on the requirements of those 

rules for administrative law judges and hearing officers pursuant to the procedures contained in Section 

8-13-320. Notwithstanding another provision of law, an administrative law judge or hearing officer, and 

the judge's or hearing officer's spouse or guest, may accept an invitation to and attend a judicial-related or 

bar-related function, or an activity devoted to the improvement of the law, the legal system, or the 

administration of justice. 

 (D) Appeals from decisions of the hearing officers must be taken to the Administrative Law Court 

pursuant to the court's appellate rules of procedure. Recordings of all hearings will be made part of the 

record on appeal, along with all evidence introduced at hearings, and copies will be provided to parties to 

those appeals at no charge. The chief judge shall not hear any appeals from these decisions. 

HISTORY: 1993 Act No. 181, Section 19; 2005 Act No. 128, Section 22, eff July 1, 2005; 2006 Act 

No. 381, Section 2, eff June 13, 2006; 2006 Act No. 387, Section 7, eff July 1, 2006; 2008 Act No. 201, 

Section 14, eff February 10, 2009; 2008 Act No. 279, Section 1, eff October 1, 2008. 

SECTION 1-23-670. Filing fees. 

 Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the 

Administrative Law Court must be accompanied by a filing fee equal to that charged in circuit court for 

filing a summons and complaint, unless another filing fee schedule is established by rules promulgated by 

the Administrative Law Court, subject to review as in the manner of rules of procedure promulgated by 

the Supreme Court pursuant to Article V of the Constitution of this State. This fee must be retained by the 

Administrative Law Court in order to help defray the costs of the proceedings. No filing fee is required in 

administrative appeals by inmates from final decisions of the Department of Corrections or the 

Department of Probation, Parole and Pardon Services. However, if an inmate files three administrative 

appeals during a calendar year, then each subsequent filing during that year must be accompanied by a 

twenty-five dollar filing fee. If the presiding administrative law judge determines at the conclusion of the 

proceeding that the case was frivolous or taken solely for the purpose of delay, the judge may impose 

such sanctions as the circumstances of the case and discouragement of like conduct in the future may 

require. 

HISTORY: 2008 Act No. 353, Section 2, Pt 18A, eff July 1, 2009. 

SECTION 1-23-680. Cost of South Carolina Code, supplements, and replacement volumes. 

 The South Carolina Administrative Law Court is not required to reimburse the South Carolina 

Legislative Council for the cost of the Code of Laws, code supplements, or code replacement volumes 

distributed to the court. 

HISTORY: 2008 Act No. 353, Section 2, Pt 18B, eff July 1, 2009. 

Attachment E 29
Attachment F 

Environmental Protection Fees (SC Regulation 61-30)
DISCLAIMER 

The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of 

Regulations on the Internet as a service to the public. The unannotated South Carolina Code of 

Regulations on the General Assembly's website is now current through State Register Volume 37, Issue 9, 

effective September 27, 2013. The unannotated South Carolina Code of Regulations, consisting only of 

Regulation text, numbering, and history may be copied from this website at the reader's expense and 

effort without need for permission. 

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff 

cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to 

understand and protect your legal rights, you should consult your own private lawyer regarding all legal 

questions. 

While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina 

Code of Regulations available on the South Carolina General Assembly's website, the unannotated South 

Carolina Code of Regulations is not official, and the state agencies preparing this website and the General 

Assembly are not responsible for any errors or omissions which may occur in these files. Only the current 

published volumes of the South Carolina Code of Regulations Annotated and any pertinent acts and joint 

resolutions contain the official version. 

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or 

the features, format, or use of this website. However, you may notify the Legislative Services Agency at 

LSA@scstatehouse.gov regarding any apparent errors or omissions in content of Regulation sections on 

this website, in which case LSA will relay the information to appropriate staff members of the South 

Carolina Legislative Council for investigation.

Regulation 61-30. Environmental Protection Fees.

CONTENTS 

 A. Purpose and Scope. 

 B. Definitions. 

 C. Payment of Fees. 

 D. Penalties. 

 E. Reporting. 

 F. Appeals. 

 G. Schedule of Fees. 

 H. Time Schedules 

 I. Compliance with Other Statutes and Regulations. 

 J. Severability. 

 A. Purpose and Scope. 

 Pursuant to South Carolina Code Sections 48-2-50 (1993) and 48-39-145, the Department of 

Health and Environmental Control shall charge fees for environmental programs it administers pursuant 

to federal and state law and regulations. This regulation prescribes those fees applicable to applicants and 

holders of permits, licenses, certificates, certifications, and registrations (hereinafter, "permits") and 

establishes schedules for timely action on permit applications. This regulation also establishes procedures 

for the payment of fees, provides for the assessment of penalties for nonpayment, and establishes an 

appeals process to contest the calculation or applicability. 

 B. Definitions. 

Attachment F 1
 (1) "Actual Emissions" As pertains to Air Quality Control, the actual rate of emissions in tons 

per year of any regulated pollutant which was emitted over the preceding calendar year or any other 

period determined by the department to be representative of normal source operation. Actual emissions 

must be calculated using the unit's actual operating hours, production rates, and in-place control 

equipment, types of materials processed, stored, or combusted during the preceding calendar year or such 

other time period established by the department. 

 (2) "Actual Flow" means (a) aggregate flow as reported on the Discharge Monitoring Reports 

submitted for the previous year by Industrial dischargers; (b) flow limit as established by NPDES and 

ND permits for municipal and other non-industrial domestic dischargers. 

 (3) "Adjudicatory Hearing" means a trial-type proceeding conducted by the Department 

pursuant to the Department's Procedures for Contested Cases, as defined in R.61-72.101. 

 (4) "Administratively Complete" means a determination by the Department that all elements of 

an application, as specified in the applicable regulation and including but not limited to all required 

signatures and tender of the application fee, where required, have been received. 

 (5) "Applicant" means a person who applies for, or who is required to apply for a permit from 

the Department, or on whose behalf a permit application is made or required. 

 (6) "Application" means those forms supplied by the Department, properly completed, together 

with such technical reports, plans and specifications as may be required by statute or regulation to apply 

for a new permit; to renew an expired permit; or to request a major modification to an existing permit 

requiring substantial technical review by the Department. 

 (7) "Consumer Price Index (CPI)" The average of the Consumer Price Index for all-urban 

consumers published by the U. S. Department of Labor as of the close of the 12-month period ending on 

August 31 of each calendar year. 

 (8) "Department" means the Department of Health and Environmental Control. 

 (9) "Environmental Protection Fund" means a special agency-restricted, interest-bearing 

account established within the Treasurer's Office in which is deposited all fees as authorized to be 

collected for the Department's environmental programs. 

 (10) "Minor activity" As pertains to Coastal Zone Management Program, activities which are 

noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a 

commercial/industrial enterprise. These include, but are not limited to, activities to construct such 

structures as private docks, bulkheads to prevent erosion of individual property, beachfront homes 

seaward of the baseline, and private boat ramps. 

 (11) "Major activity" As pertains to Coastal Zone Management Program, any construction 

activity that is not a minor activity. These include, but are not limited to, activities such as marina 

construction, construction of docks for commercial endeavors, dredging for navigation channels, pipeline 

construction, and beach renourishment projects. 

 (12) "Permit Extension" As pertains to Coastal Zone Management critical area permits, is the 

extension of an existing permit as allowed pursuant to Section 48-39-150(F) and R.30-4(D). 

 (13) "Permit" means any permit, license, certificate, registration, plan approval, variance, or 

other approval issued by or required by the Department or any of its divisions, pursuant to any statute or 

regulation. 

 (14) "Permit Reissuance" is the renewal of an existing permit, license, certification or 

registration at the end of or during the original period of the existing permit, license, certification or 

registration. 

 (15) "Permitted Emissions" As pertains to Air Quality, emissions of a regulated pollutant, as 

specified in a source's air operating permit issued by the Department. Any physical or operational 

limitation on a source's capacity to emit a pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, 

shall be considered in calculating total emissions. 

 (16) "Permittee" means any person authorized to conduct any activity or business pursuant to a 

valid permit issued by or filed with the Department. 

Attachment F 2
 (17) "Person" means any individual, trust, firm, public or private corporation or authority, 

partnership, association or other entity or any group thereof or any officer, employee, or agent thereof, 

including the State and the federal government and any agency or authority thereof, and including any 

city, town, county, or district of the State. 

 (18) "Public Hearing" A proceeding, properly noticed in accordance with applicable state and 

federal laws, during which comments are received and testimony is taken to establish a record of concern 

prior to an administrative action by the Department. 

 (19) "Public Notice" Notice of application or of proposed agency action published in 

accordance with applicable statutes and regulations. 

 (20) "Regulated Pollutant" As pertains to Air Quality, means the actual or permitted emissions 

from a source for each of the following compounds or substances: 

 (a) Except as provided for under G(2)(c), any pollutant regulated by Regulation 61-62. 

 (b) Volatile Organic Compounds. 

 (c) Except as provided for under G(2)(c), any pollutant for which a National Ambient Air 

Quality Standard has been promulgated. 

 (d) Any pollutant that is addressed by any standard promulgated under Section 111 or 112 of 

the 1990 Federal Clean Air Act or Regulation 61-62, Standard No. 8. 

 (21) "Sources Subject to Fees" As pertains to Air Quality Control, all sources operating under a 

permit issued by the Department. 

 (22) "Time Schedules" In accordance with S.C. Code Sections 48-2-70 and 48-39-150, a 

"schedule of timely review" for purposes of this regulation shall begin when the applicant is notified that 

the application is administratively complete or within ten days of receipt of the application, whichever 

comes first; and end when a final decision is rendered. It will include required technical review, required 

public notice, and end with a final decision by the Department to issue or deny the permit. The time 

schedule may be tolled or extended in accordance with the conditions stipulated in Section H(1) of this 

regulation. 

 (23) "Transfer of permits" As pertains to the Coastal Zone Management Program, means the 

written permission of the Department transferring a permit from one person to another. 

 C. Payment of Fees. 

 Application and other fees shall be paid in full as follows: 

 (1) Application fees: 

 (a) The Department may specify through the establishment of payment invoices, permit 

application forms, or other standardized instructions the form and manner of payment of all permit 

application fees. 

 (b) Application fees shall be due when the application is submitted. The Department will not 

process an application until the application fee is received. 

 (c) If the applicant withdraws the permit application anytime before or after the application 

has been deemed Administratively Complete, but prior to the Technical review of the application, the 

Department shall refund the entire application fee to the applicant. 

 (d) Once an applicant has been notified that the application has been deemed 

Administratively Complete, the Department shall issue or deny the permit within the time period 

established in Section H below; if no permit decision has been rendered by the end of the relevant time 

period, the application fee shall be refunded. 

 (2) Other Fees: 

 (a) The permit holder shall be notified of all fees other than application fees through routine 

invoicing schedules developed by the Department. All fees other than application fees are assessed on the 

state fiscal year of July 1 through June 30 of the following year. The holder of any valid permit on July 1 

of each year will be assessed fees for the entire following fiscal period. 

 (b) New facilities permitted at any time during the fiscal year shall pay the entire annual 

operating fee prior to issuance of an operating permit except for those fees assessed pursuant to the Clean 

Air Act. 

Attachment F 3
 (c) All fees other than application fees are due within thirty days of billing. Unpaid fees, late 

fees, and returned checks are subject to the provisions of paragraph D below. 

 (d) Unless the permittee seeks an extension of the time for making payment, the permittee 

shall make payment in full on or before the date, and in the manner and form, specified in the invoice. 

Except to the extent authorized by the Department, late payment, nonpayment, partial payment, or failure 

to make payment in the specified manner and form shall constitute a failure by the permittee to pay the 

fee when due. 

 (3) All fees shall be payable to the Department of Health and Environmental Control and mailed 

to the Bureau of Finance, 2600 Bull Street, Columbia, S.C. 29201. 

 (4) Construction permits or modifications, revision, or reissuance of an operating permit will 

not be issued for a facility that is in default of fees due under this regulation. 

 D. Penalties. 

 (1) All fees other than application fees remaining unpaid thirty (30) days after billing will be 

issued a late notice with no penalty due; however, it will contain advisement of penalty for non-payment 

after sixty (60) days. Fees remaining unpaid after sixty (60) days will be assessed a ten percent (10%) 

penalty. Persons delinquent will be issued a notice of the ten percent (10%) penalty due the Department 

as well as advisement of further penalties should fees remain unpaid. Fees remaining unpaid at the end of 

ninety (90) days will be assessed a twenty five percent (25%) penalty in addition to the ten percent (10%) 

sixty day penalty. The sum of both penalties may not exceed five thousand dollars. Persons delinquent at 

the end of ninety (90) days under this paragraph, will be notified by the Department by certified mail at 

their last known address. 

 (2) All returned checks will be subject to a returned check fee as outlined in the DHEC 

Administrative Policy and Procedures Manual. This penalty will be in addition to those outlined in 

Paragraph D(1). 

 (3) Failure to pay fees may, after a hearing in accordance with the provisions of Section F, 

result in the revocation of an existing permit, license, registration or certification. 

 E. Reporting. 

 A quarterly report will be made to the DHEC Board. The report shall include, but not be limited 

to, fees set and established under this regulation, changes made in the fee schedule since the last report, 

number of applications received and number of permits issued by each permitting program, adherence to 

the time schedules as listed in Section H., reduction, if any, in the backlog of permit applications awaiting 

review, the amount collected and expended by each fee source and any other information requested by the 

Board. 

 F. Appeals. 

 Any person required to pay a fee established pursuant to this regulation who disagrees with the 

calculation or applicability of the fee may submit to the Department a petition for a hearing together with 

the total amount of the fee assessed by the Department. The petition must comply with the requirements 

of Section 201 of Regulation 61-72 and must identify the fee which is challenged and set forth the 

grounds on which relief is sought. Such petition and the full amount of the fee due must be received by 

the Department no later than thirty days after the due date. The hearing shall be in accordance with 

Regulation 61-72, Procedures for Contested Cases, and the State Administrative Procedures Act. If, 

through the appeals process, it is determined that the fee was improperly assessed, the Department shall 

return the amount determined to be improperly assessed with interest not to exceed the statutory rate. 

 G. Schedule of Fees. 

 (1) Water Pollution Control. 

 (a) Annual Fees for NPDES and State Construction Permits and State Land Application 

Permits. 

 Annual operating fees for facilities with five or less pipes must be calculated based on the 

previous year's actual flow except for municipal separate storm sewer system (MS4) permits and 

coverage under a general permit. Annual operating fees for facilities with more than five pipes must be 

Attachment F 4
calculated based on the number of pipes except for municipal separate storm sewer system (MS4) permits 

and coverage under a general permit. 

 (i) Facilities with five or less discharge pipes: 

 1. Flow greater than 4,999,000 gal/day $ 2,660 

 2. Flow 2,000,000 - 4,999,999 gal/day $ 2,130 

 3. Flow 1,000,000-1,999,999 gal/day $ 1,600 

 4. Flow 500,000-999,999 gal/day $ 1,330 

 5. Flow 100,000-499,999 gal/day $ 1,065 

 6. Flow 50,000-99,000 gal/day $ 800 

 7. Flow 0-49,999 gal/day $ 530 

 (ii) For six (6) or more discharge pipes $ 1,600 

 plus $800/discharge for each discharge 

 pipe over five. ($2,400 minimum charge). 

 (iii) Coverage under General Permit $ 100 

 (except for NPDES Storm Water General Permits) 

 (iv) Municipal Separate Storm Sewer Systems 

 1. Individual Permits 

 a. Large MS4 $ 25,000 

 (population equal to or greater than 

 250,000) 

 b. Medium MS4 $ 15,000 

 (population equal to or greater than 

 100,000 and less than 250,000) 

 c. Small MS4 $ 10,000 

 (population less than 100,000) 

 2. Coverage under a MS4 General Permit $ 2,000 

 (v) Agricultural Facilities. Annual Fee will be based 

 on maximum permitted capacity. 

 1. Swine Facilities 

 a. Facilities with a capacity of $ 500 

 1,000,000 pounds or more of normal 

 production animal live weight at 

 any one time 

 b. Facilities with a capacity between $ 300 

 500,000 pounds and 1,000,000 

 pounds of normal production animal 

 live weight at any one time 

 c. Facilities with a capacity of less $ 150 

 than 500,000 pounds of normal 

 production animal live weight at 

 any one time 

 2. Other Animal Operations 

 a. Dry Manure/Litter Operations $ 75 

 b. Wet Manure/Litter Operations $ 150 

 (vi) Industrial NPDES Storm Water General Permit $ 75 

 Coverage 

 (b) Water Quality Certification Application Fees. 

 (i) Certification of major activities $ 1,000 

 requiring federal or state permits 

 (ii) Certification of minor activities $ 100 

 requiring federal or state permits 

 (c) Construction Permit Fees. 

 (i) Pretreatment Systems 

 1. For simple systems, such as $ 200 

 one-component systems (e.g. 

 oil/water separators, air 

 strippers, PH control, etc.) 

 2. Complex (such as $ 600 

 Multi-Component) systems 

 (ii) Collection Systems 

 1. Non-Delegated Program 

 a. 1000 ft. or less $ 100 

 b. 1,001 to 9,999 ft. $ 200 

 c. 10,000 ft. or greater $ 350 

 d. Pump stations with or $ 350 

 without sewer lines (Fee 

 exempt for individual, 

 residential pumps) 

 2. Delegated Project Review $ 75 

 Program 

Attachment F 5
 (iii) Wastewater Treatment Facilities. 

 Fees for modifications without 

 expansions will be assessed by 

 the Department only for those 

 modifications which require the 

 actual submission of plans and 

 specifications to the Department 

 for review. 

 1. Facilities with a Flow of 

 1,000,000 GPD or greater 

 a. New $ 1,050 

 b. Expansion $ 800 

 c. Modification without $ 550 

 Expansion (Engineering 

 review required) 

 d. Modification without NC 

 Expansion (No Engineering 

 review required) 

 2. Facilities with a Flow of 

 0-999,999 GPD 

 a. New $ 700 

 b. Expansion $ 550 

 c. Modification without $ 400 

 Expansion (Engineering 

 review required) 

 d. Modification without NC 

 Expansion (No Engineering 

 review required) 

 (iv) Project submittals with both 

 collection and treatment 

 components pay the sum of the 

 applicable collection and 

 treatment fees under (i), (ii), 

 and (iii) above. 

 (v) Construction NPDES Storm Water 

 Permit 

 1. When the Department is the $ 125 

 entity responsible for 

 reviewing the Stormwater Plus $ 100 

 Pollution Prevention 

 Plan submitted for review per disturbed acre 

 (not to exceed $2000) 

 2. When an entity other than the $ 125 

 Department is responsible for 

 review of the Storm Water 

 Pollution Prevention Plan and 

 the entity's approval serves 

 as a notice of intent for 

 coverage under the general 

 permit. 

 (d) Agricultural Waste Management Plan Application. 

 (i) New or Expanding Swine Facilities 

 1. Facilities with a capacity of 1,000,000 pounds $ 2,500 

 or more of normal production animal live 

 weight at any one time 

 2. Facilities with a capacity between 500,000 $ 680 

 pounds and 1,000,000 pounds of normal 

 production animal live weight at any one 

 time 

 3. Facilities with a capacity of less than $ 340 

 500,000 pounds of normal production Animal 

 live weight at any one time 

 (ii) New [FN*] or expanding Other Animal Facilities 

 1. Dry Manure/Litter Operation $ 165 

 2. Wet Manure/Litter Operation $ 240 

 (e) Industrial Storm Water 'No Exposure' Certification $ 350 

FN [FN*] includes conversion to another type of facility, i.e. poultry to 

 swine. 

 (2) DHEC: Safe Drinking Water Act. 

Attachment F 6
 (a) In order to comply with the provisions of the federal Safe Drinking Water Act, the 

Department is authorized to collect a fee from each public water system. The fee must be based upon the 

number of taps through which the system provides water to its customers. The fees collected must be 

returned to the department for the purposes of implementing the Safe Drinking Water Act Regulatory 

Program including engineering plan review, compliance inspections, and enforcement; and for providing 

technical assistance and monitoring and laboratory analytical services for the public water systems of the 

State. The fee shall be as follows: 

 (i) Community and Non-Transient Non-Community Water Systems 

Fee = Program Administration Component + Distribution Monitoring Component + Source Monitoring 

Component 

Program Administration Component: 

$14.38 x (# Taps Up To 10) + $9.60 x (# Taps From 11 To 25) + $7.76 x (# Taps From 26 To 50) + $5.75 

x (# Taps From 51 To 100) + $3.85 x (# Taps From 101 To 500) + $2.88 x (# Taps From 501 To 1,000) + 

$1.96 x (# Taps From 1,001 To 5,000) + $1.44 x (# Taps From 5,001 To 10,000) + $0.92 x (# Taps From 

10,001 To 15,000) + $0.46 x (# Taps From 15,001 To 25,000) + $0.29 x (# Taps From 25,001 To 50,000) 

+ $0.17 x (# Taps From 50,001 To 100,000) + $0.12 x (# Taps Greater Than 100,000) 

Distribution Monitoring Component: 

$262.50 (Systems Serving Up To 100 Taps); Or, 

$750.00 (Systems Serving 101 To 1,000 Taps); Or, 

$3,750 (Systems Serving 1,001 To 15,000 Taps); Or, 

$7,500 (Systems Serving Greater Than 15,000 Taps) 

Source Monitoring Component: 

[($250 x (#GW Sources)) + ($500 x (#SW Sources))] (Up To 25 Taps); Or, 

[($450 x (#GW Sources)) + ($800 x (#SW Sources))] (From 26 To 100 Taps); 

Or, [($1,250 x (#GW Sources)) + ($1,800 x (#SW Sources))] (Greater Than 100 Taps); Or, [Maximum 

$7,500] 

Program Administration Component of Fee (Base Amount + Rate Per Tap) 

--------------------------------------------------------------- 

 System Size Base Amount Rate Per Tap 

--------------------------------------------------------------- 

1 - 10 $ 0 $14.38 First 10 Taps 

--------------------------------------------------------------- 

11 - 25 $ 143.80 $ 9.60 Taps 11-25 

--------------------------------------------------------------- 

26 - 50 $ 287.80 $ 7.76 Taps 26-50 

--------------------------------------------------------------- 

51 - 100 $ 481.80 $ 5.75 Taps 51-100 

--------------------------------------------------------------- 

101 - 500 $ 769.30 $ 3.85 Taps 101-500 

--------------------------------------------------------------- 

501 - 1000 $ 2,309.30 $ 2.88 Taps 501-1,000 

--------------------------------------------------------------- 

1,001 - 5,000 $ 3,749.30 $ 1.96 Taps 1,001-5,000 

--------------------------------------------------------------- 

5,000 - 10,000 $ 11,589.30 $ 1.44 Taps 5,001-10,000 

--------------------------------------------------------------- 

10,001 - 15,000 $ 18,789.30 $ 0.92 Taps 10,001-15,000 

--------------------------------------------------------------- 

15,001 - 25,000 $ 23,389.30 $ 0.46 Taps 15,001-25,000 

--------------------------------------------------------------- 

25,001 - 50,000 $ 27,989.30 $ 0.29 Taps 25,001-50,000 

--------------------------------------------------------------- 

50,001 - 100,000 $ 35,239.30 $ 0.17 Taps 50,001-100,000 

--------------------------------------------------------------- 

 100,001 and Above $ 43,739.30 $ 0.12 Taps Over 100,000 

--------------------------------------------------------------- 

Distribution and Source Monitoring Components of Fee 

------------------------------------------------------------------------------- 

 System Size Distribution Source Monitoring (Rate per Source) 

 Monitoring 

Attachment F 7
------------------------------------------------------------------------------- 

 (Number Of Taps) (Fixed Rate) Ground Water Surface Water 

------------------------------------------------------------------------------- 

1 - 10 $262.50 $ 250 $ 500 

------------------------------------------------------------------------------- 

11 - 25 $262.50 $ 250 $ 500 

------------------------------------------------------------------------------- 

26 - 50 $262.50 $ 450 $ 800 

------------------------------------------------------------------------------- 

51 - 100 $262.50 $ 450 $ 800 

------------------------------------------------------------------------------- 

101 - 500 $ 750 $1,250 $1,800 

------------------------------------------------------------------------------- 

501 - 1000 $ 750 $1,250 $1,800 

------------------------------------------------------------------------------- 

1,001 - 5,000 $ 3,750 $1,250 $1,800 

------------------------------------------------------------------------------- 

5,000 - 10,000 $ 3,750 $1,250 $1,800 

------------------------------------------------------------------------------- 

10,001 - 15,000 $ 3,750 $1,250 $1,800 

------------------------------------------------------------------------------- 

15,001 - 25,000 $ 7,500 $1,250 $1,800 

------------------------------------------------------------------------------- 

25,001 - 50,000 $ 7,500 $1,250 $1,800 

------------------------------------------------------------------------------- 

50,001 - 100,000 $ 7,500 $1,250 $1,800 

------------------------------------------------------------------------------- 

 100,001 And Above $ 7,500 $1,250 $1,800 

------------------------------------------------------------------------------- 

 (ii) Other Public Water Systems 

Transient Non-Community Syst Fee = $275 

Systems Serving More Than 1 Tap But Less Than 15 Taps and Serving Fee = $175 

 Less Than 25 People 

Systems Serving 1 Tap and Serving Less Than 25 People Fee = $125 

Vending Machines Fee = $75 

 (iii) For the purposes of this fee schedule, tap is defined as a service connection, the point 

at which water is delivered to the consumer (building, dwelling, commercial establishment, camping 

space, industry, etc.) from a distribution system, whether metered or not and regardless of whether there is 

a user charge for consumption of the water. 

 (iv) The Department shall submit an annual report to the Senate Finance Committee, 

House Ways and Means Committee, South Carolina Section American Water Works Association and the 

Municipal Association detailing activities funded from safe drinking water fees. The report shall include 

the amount of fees collected from each waterworks and the listing of expenditures from those fees. The 

expenditures shall be accompanied by a list of benefits the waterworks receive from the State as a result 

of the fees. In providing monitoring and laboratory analytical services, DHEC will consider least cost 

alternatives including contracting with private laboratories when appropriate. DHEC shall include all 

applicable direct and indirect costs in developing cost comparisons with private laboratories. 

 (v) Penalties. All fees remaining unpaid thirty (30) days after billing will be issued a late 

notice with no penalty due; however, it will contain advisement of penalty for non-payment after sixty 

(60) days. Fees remaining unpaid after sixty days will be assessed a ten percent (10%) penalty. Fees 

remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent (25%) penalty in 

addition to the sixty day penalty. The Department may waive any or all of the assessed penalties in 

extenuating circumstances. The sum of both penalties may not exceed five thousand dollars. Persons 

delinquent under this paragraph will be notified by the Department by certified mail at their last known 

address. 

 1. All returned checks will be subject to a returned check fee as outlined in the DHEC 

Administrative Policy and Procedures Manual. This penalty will be in addition to those outlined above. 

 2. No monitoring will be conducted on systems with fees unpaid at the end of ninety 

(90) days. 

Attachment F 8
 (b) Construction General Permit (for Distribution Systems) Annual Fee. The annual fee is 

$1,000. 

 (c) Construction Permit Application Fees 

 (i) Distribution systems and related components 

 1. 1,000 feet or less of line $150 

 2. 1,001 feet to 9,999 feet $400 

 3. 10,000 feet or greater $600 

 4. Distribution storage/pump stations $600 

 (ii) Supply/Treatment from Groundwater Sources 

 1. Well systems (test well) $500 

 2. Well systems, (follow-up, including well $500 

 head piping, storage 

 3. Well systems (one step) $1,000 

 4. Treatment systems (except for chemical $500 

 feed systems) 

 5. Chemical feed systems $250 

 6. Small water system permits $250 

 (iii) Supply/Treatment from Surface Water Sources 

 1. New treatment plants $2,000 

 2. Expansions of existing facilities $1,500 

 3. Modifications or addition of components $1,000 

 4. Plant storage, pumping and piping $500 

 facilities 

 5. Chemical feed systems $250 

 (iv) Drinking Water Dispensing Stations/Bottled Water Plants $500 

 (using distribution water) 

 (v) General Permit (which may include Delegated Review 

 Program Approval) 

 1. Application for permit (not a renewal) $1,000 

 2. Delegated review permit $75 

 (vi) Permit extensions $50 

 (3) Air Quality. 

 (a) General. 

 (i) The fees assessed are those fees sufficient to cover reasonable costs associated with the 

development, processing, and administration of the air quality permit program. Such costs are defined as 

those necessary to administer the permit program, the Small Business Stationary Source Technical and 

Environmental Compliance Assistance Program, support staff, equipment, legal services, contracts with 

consultants and program expenses listed in Section 502(b)(3)(a) of Title V of the 1990 amendments to the 

Federal Clean Air Act. 

 (ii) Fees collected shall be placed in a separate non-reverting account within the 

Department to be used exclusively for the expenses in G(3)(a)(i). 

 (iii) Except as provided in Section F of this regulation, fees are non-refundable. 

 (b) Annual Fee. The source owner or operator must pay an annual permit fee to the 

Department. Beginning on July 1, 1994, and for each subsequent year, fees will be as follows: 

 (i) $25.00 per ton (plus Consumer Price Index adjustment) of regulated pollutant based on 

the actual emissions for the preceding calendar year or any other period determined by the department to 

be representative of normal source operation. The CPI adjustment is that percentage of $25.00/ton equal 

to the percentage, if any, by which the CPI for the most recent calendar year ending before the beginning 

of such year exceeds the CPI for 1989. 

 (ii) New sources or any source without sufficient data to be able to determine actual 

emissions must be assessed the above $25.00 a ton fee with appropriate CPI adjustment calculated on a 

pro rata basis for their months of operation. The fee must be based on permitted emissions, until such 

time as "Actual emissions" can be calculated, and must be paid before the operating permit is issued. 

 (iii) Should funds in the non-reverting account exceed the anticipated budgeted 

expenditures for the following year, the fee described in G.3.b.(i) and (ii) above may be adjusted by the 

Board. At no time shall this adjustment cause a depletion of funds to a level less than ten percent (10%) 

of the previous year's expenditures for the Title V permitting requirements of the 1990 Federal clean air 

Act. Any adjustment of fees will require a public hearing to propose the adjustment prior to a final 

decision by the Board. 

Attachment F 9
 (c) Exceptions. 

 (i) No fees will be assessed for emissions of carbon monoxide. 

 (ii) No fee will be assessed for actual or permitted emissions in excess of 4,000 tons/year 

per pollutant. 

 (iii) The Department may exclude, from the fee calculations, insignificant quantities of 

actual emission not required in a permit application pursuant to Regulation 61-62.70.5(c). 

 (4) Laboratory Certification Services: 

(a) Application Fee $ 125 

(b) Minimum Annual Fee (per laboratory) $ 125 

(c) Clean Water Act (CWA) Inorganics per parameter $ 20 

(d) Safe Drinking Water Act (SDWA) Inorganics per parameter $ 20 

(e) SDWA Secondary Inorganics per parameter $ 20 

(f) CWA Organics: 

 (i) PCBs and Pesticides $ 350 

 (ii) Herbicides $ 350 

 (iii) Volatiles $ 350 

 (iv) Semi-Volatiles $ 350 

 (v) Dioxins and Furans $ 350 

(g) SDWA Organics: 

 (i) Trihalomethanes $ 350 

 (ii) Organic Compounds $ 350 

 (iii) Volatiles $ 350 

(h) Microbiology: 

 (i) Total Coliform $ 75 

 (ii) Fecal Coliform $ 75 

 (iii) Fecal Streptococci $ 75 

(i) Biology 

 (i) Toxicity Testing $ 500/ Species 

 (ii) Taxonomy $ 250 

(j) Solid and Hazardous Wastes (SW-846 Methods): 

 (i) Inorganics (per parameter) $ 20 

 (ii) Organics (per parameter group) $ 350 

 Note: SW-846 certification fees shall be capped 

 at $1,500 for those laboratories which have 

 paid the applicable per-parameter fees for CWA 

 tests. 

(k) Air Quality Analysis: 

 (i) Inorganics (per parameter) $ 20 

 (ii) Organics (per parameter group) $ 350 

 Note: Air Quality Certification fees shall be 

 capped at $1,500 for those laboratories which 

 have paid the applicable per-parameter fees for 

 CWA tests. 

 

 (5) Radioactive materials licenses including reciprocity and general licenses specified in 

R.61-63. 

(a) Low-Level Radioactive Waste Shallow Land Disposal $ 600,000 

(b) Low-Level Waste Interim On Site Storage & Processing: 

 (i) Solid Components Only $ 7,500 

 (ii) Combination Waste Streams $ 15,000 

(c) Low-Level Waste Processing Services: 

 (i) Less than 200 FT3/year $ 15,000 

 (ii) Greater than 200 FT3/year $ 75.000 

(d) Low-Level Waste Consolidation Services $ 37,500 

(e) Decontamination, Recycling, Pilot Study Services & $ 4,500 

 Contaminated Equipment Storage (Non-Waste) 

(f) Decommissioned Facility: 

 (i) Test Reactor $ 750 

 (ii) Non Fuel Cycle $ 750 

 (iii) Fuel Cycle $ 7,500 

(g) Natural Occurring from Processes $ 750 

(h) Radioactive material Manufacturing/Processing $ 40,500 

(i) Irradiator (unshielded) $ 5,994 

(j) Irradiator (Self-contained) $ 313 

(k) Large Quantity Source Material $ 1,250 

(l) Industrial Radiography (In-Plant only) $ 1,119 

(m) Industrial Radiography (Temporary Field Site) $ 1,344 

Attachment F 10
(n) General License for Distribution $ 806 

(o) Medical Institution $ 707 

(p) Teletherapy $ 1000 

(q) Industrial Gauges $ 344 

(r) Laboratories-Commercial/Medical $ 325 

(s) Educational Institution $ 407 

(t) Nuclear Pharmacy $ 1,244 

(u) Medical Private Practice $ 588 

(v) Moisture/Density Gauge $ 325 

(w) Gas Chromatograph $ 188 

(x) Services Consultants $ 207 

(y) Bone Mineral Analyzer $ 432 

(z) Eye Applicator $ 432 

(aa) Medical/Academic Broad License $ 2,313 

(bb) Well Logging $ 1,125 

(cc) Mobile Scanning Services $ 675 

(dd) Decontamination/Nuclear Laundry $ 4,375 

(ee) All Other $ 338 

 

 

 (6) Radioactive Waste Transportation Permits. 

 

(a) Type X - Annually greater than 75 cubic feet $2,500 

(b) Type Y - annually less than 75 cubic feet $300 

(c) Type Z - Combination X or Y but not for disposal within $100 

 State-Transport only 

 (7) Radioactive Material fees for review and approval of special projects, topical reports, on site 

disposals, permits, licenses, amendments, renewals and inspections that are not covered by the above 

schedule, but are based on the full cost recovery for the review or inspection, will be calculated using a 

professional staff-hour rate equivalent to the sum of the average cost to the agency for a professional staff 

member, including salary and benefits, administrative support, travel, and certain program support. The 

professional staff-hour rate will be based on the applicable fiscal year budget but would not exceed one 

hundred dollars per hour. 

 (8) Hazardous and Mixed Waste. 

 Annual Operating Fee $ 600 

 (9) Public Swimming Pool Fees. 

 (a) Construction Permits. 

 (i) Type "A", "B", "C", "D", and "F" Pools - $400 plus $0.50 per square foot of surface 

area. 

 (ii) Type "E" Pools - $1,000 per flume (including minimum required design landing area) 

or water course, to include water slide. Additional area above minimum required landing area and all 

other Type "E" pools will be charged according to (i) above. 

 (iii) The Department may collect an additional $250 from the owner for each repeat final 

inspection that is required due to incomplete construction or construction that is not in accordance with 

permitted plans and specifications. 

 (b) Annual Operating Permits. 

 (i) Type "A", "B", "C", "D" and "F" Pools - $125 for the first pool on a property plus $100 

for each additional pool on the same property. 

 (ii) Type "E" Pools - $100 per flume or water course. 

 (10) Individual Residential Wells and Irrigation Wells. In accordance with R.61-44, Permitting 

of Individual Residential Wells and Irrigation Wells, the Department is authorized to collect a fee for each 

application to install an individual residential well and irrigation well. The fee collected must be returned 

to the Department for the purposes of developing and implementing the Individual Residential Well and 

Irrigation Well program, including proposed well construction review, compliance inspections, technical 

assistance, enforcement, and for providing bacteriological analytical services for new individual 

residential wells. The fee shall be as follows: 

 (a) Individual Residential Well $ 70 

 (b) Irrigation Well $ 50 

Attachment F 11
 (11) Individual Residential Well Monitoring - These fees are to be charged for water samples 

collected by individuals from their residential well and submitted to the Department for analysis. These 

fees will not be charged if the samples are considered part of a Department groundwater contamination 

investigation and may be waived or reduced based on the individual's ability to pay. Ambient water 

samples and samples from public water systems will not be accepted and analyzed. 

 (a) Total or Fecal Coliform $ 20 per test 

 (b) Metals and Minerals $ 50 per sample 

 (c) Other Inorganic Parameters $ 25 per parameter 

 (d) Volatile Organic Chemicals $ 50 per sample 

 (e) Herbicides, Pesticides, and other Synthetic $ 50 per parameter 

 Organic Parameters 

 (12) Infectious Waste Annual Fees. 

 (a) Generators of 1000 pounds per month or more. $ 600 

 (b) Generators of 50 pounds per month through 999 pounds per $ 150 

 month 

 (c) Transporters $ 500 

 (13) Coastal Zone Management Program 

 (a) General. 

 (i) The fees assessed are those fees sufficient to cover a portion 

 of the reasonable costs associated with the development, 

 processing, and administration of the Coastal Zone Management 

 Program. 

 (ii) Fees collected shall be placed in a separate non-reverting 

 account within the Department to be used exclusively for the 

 expenses in G(13)(a)(i), except for the amounts dedicated to 

 the Coastal Resources Access Fund (CRAF). DHEC-OCRM shall make 

 matching grants from the fund on a 50/50 basis to local 

 governments in the South Carolina Coastal Zone for projects 

 which enhance the public's use and enjoyment of coastal 

 resources. A portion of the funds collected as per G(13)(b) 

 shall be dedicated to the CRAF. 

 (iii) Local governments will only be charged the fee for a minor 

 activity and State agencies will not be charged. 

 (b) Critical Area Permit Application Fees 

 (i) Minor activity: $250.00, except for docks 100 feet or less in 

 length for which the fee will be $150.00 

 (ii) Major activity: $1000.00 

 (iii) Extensions or transfers of minor permits: $25.00 

 (iv) Extensions or transfers of major permits: $100.00 

 (v) Amendments for minor permits which must be placed on public 

 notice: $100.00 

 (vi) Amendments for major permits which must be placed on public 

 notice: $1000.00 

 (14) Oil and Gas Annual Fees 

Terminal Facility Registration Fees $250. 

 H. Time Schedules. 

 (1) General 

 (a) All times given in days are given in calendar days. The last day of the period is to be 

included, unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the end of 

the next day which is not a Saturday, Sunday or legal holiday. With respect to permit reissuance, the 

schedule for timely action shall apply only if the applicant so elects and notifies the Department in 

writing. 

 (b) The day notice is mailed to the applicant that the application is deemed administratively 

complete shall be counted. If notice that the application is Administratively Complete or notice that the 

application is not Administratively Complete, together with notice of the specific items deemed to be 

lacking, is not mailed to an applicant within ten (10) working days of receipt of an application, the time 

period will begin. 

 (c) The time schedule shall be tolled when the Department makes a written request for 

additional information and shall resume when the Department receives the requested information from the 

applicant. If an applicant fails to respond to such a request within 180 days, the Department will consider 

Attachment F 12
the application withdrawn and the application fee will be forfeited. The Department shall notify the 

applicant no later than 10 days prior to expiration of the 180-day period. 

 (d) The time periods given in Section H.2 shall be stayed if: 

 (i) The applicant requests that permit review be suspended; 

 (ii) The Department at least ten days prior to the expiration date, requests a delay in the 

review process to which the applicant agrees; 

 (iii) The Department is requested to hold a public hearing, in which case the time schedule 

will be tolled for no more than 60 days. 

 (e) Change in Project. 

 (i) Determination of Change. The Department may determine that the applicant has filed a 

new application whenever additional information provided by the applicant during any Departmental 

review period, in response to any statement identifying deficiencies in the application or supporting 

materials, or during any period allowed for public comment, either: 

 1. results in a change in the category in which the permit application is classified, or; 

 2. significantly increases or changes the nature of the potential effects of the proposed 

project or activity on public health and safety or the environment. Upon making a determination that the 

applicant has filed a new application, the Department shall promptly notify the applicant in writing. The 

notice shall indicate the basis for the determination and summarize the provisions relative to such 

determinations. The determination that a project has changed shall not be grounds for a request for 

adjudicatory hearing; however, an applicant aggrieved by such a determination may seek review of the 

determination as an issue in any appeal of the permit decision. 

 (ii) Effects of determination on schedule. 

 1. Immediately upon issuance of the notification, the schedule for timely action shall be 

suspended. 

 2. If the determination resulted from a proposed change in design or operation of the 

proposed project or activity the applicant may, within 30 days, withdraw the change and return to its 

previous proposal by so notifying the Department in writing. If the applicant so notifies the Department, 

the schedule for timely action shall resume at the point at which it was suspended. 

 3. If the determination resulted from any other cause, or if the applicant does not elect to 

withdraw the change; the Department shall begin a review of the new application pursuant to the relevant 

schedule for timely action. 

 (iii) Effects of determination on fee. Unless the applicant elects to proceed with the 

previous application the original application shall be deemed withdrawn, and the fee shall be forfeited; 

provided, that the Department shall credit any amount to be refunded toward the permit application fee 

payable for the new permit unless the applicant requests a refund. 

 (f) Extension of schedule by other actions. 

 (i) Failure of payment. Whenever a check or other form of payment of an application fee is 

returned for insufficient funds, or if payment in full is in any other manner prevented, the schedule for 

timely action shall be suspended. The department shall notify the applicant of such suspension in writing. 

 (g) Extension of periods for Departmental action. 

 (i) The time periods for the Department to take any action shall be extended whenever 

action by another federal, state, or municipal governmental agency is required before the Department may 

act, or judicial proceedings then underway affect the ability of the Department or the applicant to proceed 

with the application, or when the Department has commenced enforcement proceedings which could 

result in revocation of an existing permit for that facility or activity and denial of the application. The 

applicant shall promptly notify the Department in writing whenever it believes that action by another 

governmental agency is required, or that judicial proceedings affect the ability of the Department or the 

applicant to proceed with the application. 

 (ii) The Department shall provide written notice to the permit applicant within ten (10) 

days of making a determination that an extension is necessary. Such notice shall contain a statement of 

the reasons for which the schedule must be extended. 

Attachment F 13
 (iii) When the Department determines that the reason for such extension is no longer 

applicable, the Department shall so notify the applicant in writing within ten (10) days of making such 

determination. The time period for the Department to complete the a timely review shall begin on the day 

the notice is mailed. 

 (2) Environmental Permit. 

 (a) Water Pollution Control: 

 (i) New/increased capacity NPDES or land 180 Days 

 application permits 

 (ii) Construction Permit for new treatment plant 120 Days (or 

 or expansion with increased volume, mass 20 Days 

 loading, or loading, or addition of beyond 

 pollutant to be controlled. effluent 

 discharge 

 permit 

 issuance, 

 whichever is 

 greater) 

 (iii) Construction Permit for treatment plant 90 Days 

 upgrade (without expansion and no change 

 in effluent discharge permit limits) 

 (iv) Construction permit for pre-treatment 90 Days 

 system 

 (v) Construction Permit for sewer systems 60* Days *Add 

 (including pump stations and force main 45 days if 

 systems) separate 

 navigable 

 waterway 

 permit is 

 applicable 

 (vi) Storm water discharge under General Permit 7 Days 

 (vii) Water Quality Certification 180 Days 

 (b) Agricultural Waste Management Plan Application 

 (i) Swine Facilities 

 1. Facilities with a 120 Days 

 capacity of 420,000 

 pounds or more of 

 production animal live 

 weight at any one time 

 2. Facilities with a 90 Days 

 capacity of less than 

 420,000 pounds of 

 normal production 

 animal live weight at 

 any one time 

 (ii) Other Animal Facilities 

 1. Dry Manure/Litter 90 Days 

 Operation 

 2. Wet Manure/Litter 120 Days 

 Operation 

 (c) Air Quality: 

 (i) Construction permit 90 Days 

 (Except for 

 permits 

 issued under 

 the NESHAP 

 Regulation 

 [R.61-62.63] 

 which 

 provides 105 

 days for 

 permit 

 issuance.) 

 (ii) Operating permit 90 Days 

 (iii) PSD Construction Permit 270 Days 

 (iv) Title V Operating Permit 540 Days 

 (d) Laboratory Certification: 

 (i) Initial certification 90 Days 

 (e) Radioactive Materials licenses: 

 (i) New license - on-site disposal,broad 30 Days 

Attachment F 14
 license 

 (ii) New license - storage/treatment 180 Days 

 (iii) License renewal - annual 30 Days 

 (iv) Transporter permit 10 Days 

 (f) Hazardous and Mixed Waste Management: 

 (i) Commercial Hazardous Waste Facilities 990 Days 

 (ii) Non-Commercial Hazardous Waste Facilities 540 Days 

 Applications for permit modifications which add or delete units or which change the capacity 

of permitted units will be processed within The time schedules above. 

(g) Solid Waste Management. 

 (i) Municipal Solid Waste Landfill Permit: 

 1. Solid Waste Landfill Siting Study: 

 a. Preliminary Hydrogeologic 60 Days 

 Characterization Report 

 b. Site Hydrogeologic Characterization 90 Days 

 Work Plan 

 c. Site Hydrogeologic Characterization 120 Days 

 Report 

 2. Permit Application 360 Days 

 (ii) Industrial Solid Waste Landfill Permit: 

 1. Solid Waste Landfill Siting Study: 

 a. Preliminary Hydrogeologic 60 Days 

 Characterization Report 

 b. Site Hydrogeologic Characterization 90 Days 

 Workplan 

 c. Site Hydrogeologic Characterization 120 Days 

 Report 

 2. Permit Application 360 Days 

 (iii) Municipal Incinerator Ash Landfill Permit: 

 1. Solid Waste Landfill Siting Study: 

 a. Preliminary Hydrogeologic 60 Days 

 Characterization Report 

 b. Site Hydrogeologic Characterization 90 Days 

 Workplan 

 c. Site Hydrogeologic Characterization 120 Days 

 Report 

 2. Permit Application 360 Days 

 (iv) Municipal Solid Waste Incineration Permit 180 Days 

 (v) Construction, Demolition and Land-Clearing Debris 120 Days 

 Landfill Permit 

 (vi) Waste Tire Permit (Processing, Collection and Disposal 90 Days 

 Permit) 

 (vii) Waste Tire Hauler Registration 30 Days 

 (vii- Transfer Station Permit 90 Days 

 i) 

 (ix) Research, Development and Demonstration Permit 90 Days 

 (x) Municipal Solid Waste Processing Permit 90 Days 

 (xi) Lead-Acid Battery Facility Registration 30 Days 

 (xii) Yard Trash Composting Facility Registration 30 Days 

(h) Infectious Waste Management: 

 (i) Treatment facility 270 Days 

 (ii) Intermediate handling facility 270 Days 

(i) Drinking Water Permits: 

 (i) Drinking Water Construction 45 Days 

 (ii) Recreational Waters 15 Days 

 (iii) UST Construction Permit 15 Days In Coastal Zone 45 Days 

 (iv) UST Operating Permit 10 Days 

 (v) UIC Construction Permit 60 Days 

 (vi) UIC Operating Permit 45 Days 

 (j) Individual Residential Wells and Irrigation Wells (issued under a general permit with the 

48-hour period calculated from the time and date of receipt of the Notice of Intent excluding weekends 

and legal state holidays): 

 (i) Individual Residential Well 48 Hours 

 (ii) Irrigation Well 48 Hours 

 (3) Coastal Zone Management Program. 

 (g) Solid Waste Management. 

 (a) Critical Area Permits 

Attachment F 15
Attachment F 16

 (i) Minor activities: 30 days 

 (ii) Major activities: 90 days 

 (iii) Extensions or transfers of minor activity permits: 15 days 

 (iv) Extensions or transfers of major activity permits: 30 days 

 (v) Amendments of minor activity permits: 30 days 

 (vi) Amendments of major activity permits: 90 days 

 I. Compliance with Other Statutes and Regulations. 

 Nothing in this regulation shall relieve the applicant of the duty to comply with all other 

applicable environmental statutes and regulations. 

 J. Severability. 

 Should any section, paragraph or other part of these regulations be declared invalid for any reason, 

the remainder shall not be affected. 

 HISTORY: Added by State Register Volume 19, Issue No. 6, eff June 23, 1995; Amended by State 

Register Volume 22, Issue No. 6, Part 2, eff June 26, 1998; State Register Volume 23, Issue No. 6, eff 

June 25, 1999; State Register Volume 25, Issue No. 2, eff February 23, 2001; State Register Volume 26, 

Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 28, Issue No. 3, eff March 26, 2004; State 

Register Volume 29, Issue No. 3, eff March 25, 2005; State Register Volume 30, Issue No. 6, eff June 

23, 2006; State Register Volume 32, Issue No. 5, eff May 23, 2008; State Register Volume 36, Issue No. 

2, eff February 24, 2012.