reglab/housing_qa huggingface dataset:
SC Code § 49-4-100 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-100. Surface water withdrawal permits; contents; valid for certain time period.

 (A) Surface water withdrawal permits issued by the department must:  (1) identify the location of the permittee's intake facility used or constructed to make withdrawals pursuant to the permit;  (2) specify the amount of water that may be withdrawn;  (3) specify the amount of water to be discharged back into the surface water body and location of the discharge;  (4) specify the volume of supplemental water supply if needed;  (5) specify the minimum instream flow at the point of withdrawal;  (6) specify the minimum instream flow triggers that will determine if the permittee's withdrawal must be reduced;  (7) specify the stream flow, that will be used to notify the applicant of starting the reduction of withdrawal;  (8) specify the date upon which the permit expires; and  (9) clearly state that the terms and conditions of the permit are subject to the provisions of the South Carolina Drought Response Act.  (B) Permits issued by the department, unless revoked or suspended pursuant to this chapter, shall be valid for a period to represent the economic life of any capital investments made by the permittee necessary to carry out the permittee's use of the withdrawn water. Permits must be issued for:  (1) twenty years, or a greater period the department considers reasonable based upon its review of all the facts and circumstances relevant to a proposed withdrawal not to exceed an additional twenty years;  (2) thirty years for a permittee entitled to an initial permit pursuant to Section 49-4-70(B), or a greater period the department considers reasonable based upon its review of all the facts and circumstances relevant to the proposed withdrawal not to exceed an additional ten years; or  (3) any additional period necessary, not to exceed a total of fifty years, for a municipality or other governmental body to retire a bond it issued to finance the construction of waterworks.  HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.  Editor's Note  2010 Act No. 247, Section 4.B, provides:  "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
SC Code § 49-4-110 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-110. Effect of surface water withdrawal permit.

 (A) A surface water withdrawal permit confers upon the permittee a right to withdraw and use surface water pursuant to the terms and conditions of the permit. The permit does not convey a property right in the water to the permittee. Nothing in this chapter shall affect any requirement under any other law or regulation, including any requirement for the owner or operator of a proposed new or expanding water withdrawal facility that will be constructed within the boundaries of a reservoir operated by a different entity to obtain the reservoir operator's approval before constructing and operating the proposed new water withdrawal facility or expanding an existing water withdrawal facility.  (B) Surface water withdrawals made by permitted or registered surface water withdrawers shall be presumed to be reasonable. No private cause of action for damages arising directly from a surface water withdrawal by a permitted or registered surface water withdrawer may be maintained unless the plaintiff can show a violation of a valid permit or registration.  (C) Issuance of a surface water withdrawal permit under this chapter does not relieve the permittee from being required to obtain and comply with any other permits or approvals that may be required under other laws, or existing agreements, or under common law. Nothing in this chapter shall prevent an impoundment licensee from requiring persons seeking to withdraw water from a licensed reservoir to comply with any and all conditions that the licensee is empowered to require under its license and applicable laws.  HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.  Editor's Note  2010 Act No. 247, Section 4.B, provides:  "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
SC Code § 49-4-120 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-120. Modification, suspension and revocation of permit; conditions; renewal of permit.

 (A) The department may modify, suspend, or revoke a permit under the following conditions:  (1) the permit holder withdraws water not authorized by his permit or fails to comply with the terms and conditions of his permit;  (2) the permit holder obtains a permit by misrepresentation or fails to disclose a material fact in his application;  (3) the permit holder ceases to withdraw water for a period of at least thirty-six consecutive months; or  (4) a permanent change in natural conditions results in a permitted activity endangering human health or the environment.  (B) Surface water permits are transferable with the prior written consent of the department.  (C)(1) A permittee may apply for a renewal of his permit no sooner than six months before his permit expires. A permit shall remain valid during the department's consideration of a renewal application if the permittee files a renewal application prior to the expiration date of his permit. Renewal applications take priority over permit applications for new withdrawals. The renewed permit must be issued in accordance with the criterion applicable to the issuance of the initial permit and for a quantity at least equal to the expired permit unless the department demonstrates that the quantity above maximum withdrawals during the permit term are not necessary to meet the permittee's future needs.  (2) An application to modify an existing permit for a significant increase in the quantity of the withdrawal must be evaluated using the criteria provided in Section 49-4-80. However, any significant increase in surface water withdrawals authorized pursuant to Section 49-4-40 or Section 49-4-45 shall be subject only to the requirements set forth in that section.  HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.  Editor's Note  2010 Act No. 247, Section 4.B, provides:  "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
SC Code § 49-4-130 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-130. Notice of construction of new surface water intake required.

 A surface water withdrawer must provide the department with prior written notice of the construction of a new surface water intake that changes the method of measuring the water the permittee is withdrawing, cessation of its surface water withdrawals, a proposed change in ownership, or the abandonment of a surface water intake.  HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; Formerly 1976 Code Section 49-4-70; 2010 Act No. 247, Section 1, eff January 1, 2011.  Editor's Note  2010 Act No. 247, Section 4.B, provides:  "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."  Effect of Amendment  The 2010 amendment rewrote the section.
SC Code § 49-4-140 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-140. Temporary surface water withdrawal permit; necessity.

 The department may issue a temporary surface water withdrawal permit to a new applicant while his application is pending, if the temporary permit is necessary to address an imminent hazard to public health or the applicant demonstrates that without a temporary permit he will suffer physical or financial damage. A temporary permit must contain an expiration date, which must not be more than one hundred eighty days after it was issued. The issuance of a temporary permit does not guarantee that the department will issue a permanent permit to the applicant.  HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.  Editor's Note  2010 Act No. 247, Section 4.B, provides:  "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
SC Code § 49-4-160 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-160. Operation and contingency plan to promote adequate water supply maintained on site; contents of plan; exceptions.

 (A) Each permittee must prepare and maintain on site, available for inspection, an operational and contingency plan to promote an adequate water supply from the surface water during times when the actual flow of the surface water is less than the minimum instream flow for that particular surface water segment. The plan must identify actions to be taken, as applicable, to address low flow conditions, including water conservation, supplemental water supplies, off-stream water storage, seasonal water flow fluctuation withdrawals, and hydroelectric operations in controlled surface waters. For applicable new surface water withdrawers with an operational and contingency plan that identifies one or more supplemental sources of water to be used for continued facility operations during minimum instream flow conditions, the amount of supplemental water should be calculated on a reasonable and responsible basis taking into account a review of historical flow records for the stream at or near the proposed withdrawal point in order to identify the years of historical record where flows at that stream point dropped below minimum instream flow, and the consumptive amount of water that is projected to be needed by the new surface water withdrawer in order to continue to operate during a period of time identified as that stream segment's historical average minimum instream flow conditions. The existence of a plan is deemed to be an enforceable part of the permit under which the permittee is withdrawing surface water and shall be deemed to control a permitted surface water withdrawal in situations where the actual flow of the surface water is less than the minimum instream flow for that particular stream segment.  (B) Nothing in this section limits or precludes any action authorized by the South Carolina Drought Response Act. In the event that an action authorized by the South Carolina Drought Response Act conflicts with this subsection or a permitted use, the action taken pursuant to the South Carolina Drought Response Act supersedes any actions taken pursuant to this subsection or the permit.  HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.  Editor's Note  2010 Act No. 247, Section 4.B, provides:  "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
SC Code § 49-4-170 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-170. Powers and duties of department.

 (A) In addition to any other powers and duties, the department may:  (1) promulgate regulations necessary to implement the policies and purposes of this chapter;  (2) enter upon any land or water for the purpose of conducting investigations, examinations, or surveys necessary to carry out its duties and responsibilities provided in this chapter;  (3) receive financial and technical assistance from private entities, the federal government, or another state agency; and  (4) take any action reasonable and necessary to enforce the provisions of this chapter.  (B)(1) The department may, in consultation with the Department of Natural Resources, negotiate agreements, accords, or compacts on behalf of and in the name of the State with other states or the United States, or both, with any agency, department, or commission of either, or both, relating to transfers of water that impact waters of this State, or are connected to or flowing into waters of this State. Any agreements, accords, or compacts made by the board pursuant to this section must be approved by concurrent resolution of the General Assembly prior to being implemented. The department also may represent the State in connection with water withdrawals, diversions, or transfers occurring in other states which may affect this State. The provisions in this section do not apply to the Office of Attorney General or any pending or future criminal or civil actions, lawsuits, or causes in which the State is a party or interested.  (2) The department must notify the Chairman of the Senate Agriculture and Natural Resources Committee and the Chairman of the House Agriculture, Natural Resources, and Environmental Affairs Committee when the department enters into negotiations or otherwise represents the State as provided in item (1). The department also must periodically report, as necessary or upon request, to the chairmen concerning the progress of the negotiations or representation.  HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; formerly 1976 Code Section 49-4-60; 2010 Act No. 247, Section 1, eff January 1, 2011.  Editor's Note  2010 Act No. 247, Section 4.B, provides:  "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."  Effect of Amendment  The 2010 amendment rewrote the section.
SC Code § 49-4-175 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-175. Authority to collect, and the amount of, surface water withdrawal permit fees.

 (A) The department is authorized to collect the following surface water withdrawal program fees:  (1) existing surface water withdrawal permit application processing fee $1,000;  (2) new surface water withdrawal permit application processing fee $7,500;  (3) modification of surface water withdrawal permit application processing fee $2,000;  (4) renewal of surface water withdrawal permit with modifications application processing fee $1,000;  (5) surface water withdrawal annual operating fee per permitted intake $1,000.  (B) The department shall retain the fees collected pursuant to this section for the purposes of implementing and operating the Surface Water Permitting and Withdrawal regulatory program, including permit application review, compliance inspections, and enforcement and for technical assistance and monitoring.  HISTORY: 2012 Act No. 248, Section 2, eff January 1, 2013.
SC Code § 49-4-180 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act|Section 49-4-180. Violation of chapter; penalties.

 (A) A surface water withdrawer who commits a violation of this chapter:  (1) is subject to a civil penalty of not more than ten thousand dollars for each day that the violation occurred; or  (2) is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day that the violation occurred, if the violation is wilful.  (B) All penalties and fines assessed and collected pursuant to this chapter must be deposited in the general fund of the State.  HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; Formerly 1976 Code Section 49-4-180; 2010 Act No. 247, Section 1, eff January 1, 2011.  Editor's Note  2010 Act No. 247, Section 4.B, provides:  "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."  Effect of Amendment  The 2010 amendment rewrote the section.
SC Code § 49-5-10 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 5 - Groundwater Use And Reporting Act|Section 49-5-10. Short title.

 This chapter may be cited as the Groundwater Use and Reporting Act.  HISTORY: 1962 Code Section 70-31; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
SC Code § 49-5-20 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 5 - Groundwater Use And Reporting Act|Section 49-5-20. Legislative declaration of policy.

 The General Assembly declares that the general welfare and public interest require that the groundwater resources of the State be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation, in order to conserve and protect these resources, prevent waste, and to provide and maintain conditions which are conducive to the development and use of water resources.  HISTORY: 1962 Code Section 70-32; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
SC Code § 49-5-40 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 5 - Groundwater Use And Reporting Act|Section 49-5-40. Department to establish groundwater management program; withdrawers to register sources and report use.

 In order to carry out the policy as stated in Section 49-5-20, the General Assembly finds that the department must establish and implement an effective statewide groundwater management program. To implement this program, all groundwater withdrawers shall register their groundwater sources with, and report their groundwater use to, the department.  HISTORY: 1962 Code Section 70-34; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
SC Code § 49-5-50 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 5 - Groundwater Use And Reporting Act|Section 49-5-50. Department to monitor groundwater withdrawals; notice of construction of new well or increase in capacity of existing well; public notice.

 (A) The department shall assess, notice, and monitor groundwater withdrawals in this State pursuant to this chapter.  (B) A groundwater withdrawer or proposed groundwater withdrawer outside of a designated capacity use area in the Coastal Plain shall notify the department of its intent to construct a new well, or increase the rated capacity of an existing well, at least thirty days before initiating the action. This notification must be made on forms provided by the department.  (C) The department shall develop a process for notifying potentially affected existing withdrawers and the public of all notices received pursuant to subsection (B).  HISTORY: 1962 Code Section 70-35; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
SC Code § 49-5-70 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 5 - Groundwater Use And Reporting Act|Section 49-5-70. Exemptions.

 (A) The following are exempt from this chapter:  (1) emergency withdrawals of groundwater;  (2) any person withdrawing groundwater for nonconsumptive uses;  (3) a person withdrawing groundwater for the purpose of wildlife habitat management;  (4) A person withdrawing groundwater at a single family residence or household for noncommercial use.  (B) The following are exempt from the permitting requirements of Section 49-5-100 and the public notification requirements of Section 49-5-50:  (1) dewatering operations at mines;  (2) all other dewatering operations;  (3) Type I wells installed into crystalline bedrock in the Coastal Plain Groundwater Management Area;  (4) groundwater withdrawer constructing a new well to replace an existing well.  (C) Aquifer storage and recovery wells are exempt from the requirements of this chapter if:  (1) a permit in accordance with the Underground Injection Control Regulations, Regulation 61-87, S. C. Code of Regulations, is obtained from the department; and  (2) the amount of water withdrawn does not exceed the amount of water injected.  (D) The department may exempt wells of diminutive yield from the requirements of this chapter if these wells are used for purposes other than the wells which result in a person being considered a groundwater user.  HISTORY: 1962 Code Section 70-37; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
SC Code § 49-5-80 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 5 - Groundwater Use And Reporting Act|Section 49-5-80. Registration of groundwater withdrawers; new wells.

 (A) An existing groundwater withdrawer in the State shall register its groundwater withdrawal and subsequent use with the department on forms provided by the department no later than January 1, 2000.  (B) A new groundwater withdrawer in the State shall register its groundwater withdrawal and subsequent use with the department on forms provided by the department before becoming a groundwater withdrawer.  (C) A groundwater withdrawer shall register any additional wells within thirty days after initiating use of the wells.  HISTORY: 1962 Code Section 70-39; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
SC Code § 49-5-90 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 5 - Groundwater Use And Reporting Act|Section 49-5-90. Reports of quantity of water withdrawn; methods for determining quantity.

 (A) Every permitted and registered groundwater withdrawer in the State shall annually before January thirty file with the department a report on forms furnished by the department of the quantities of groundwater withdrawn.  (B) The quantity of groundwater withdrawn must be determined by one of the following:  (1) flow meters accurate to within ten percent of calibration;  (2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log;  (3) the rated capacity of a cooling system;  (4) any standard or method employed by the United States Geological Survey in determining such quantities; or  (5) any other method approved by the department which will provide reliable groundwater withdrawal data.  (C) The groundwater withdrawer is not required to submit the groundwater withdrawal report required by subsection (A) if the monthly quantity withdrawn from each well is being reported to the department as a result of another environmental program reporting requirement, permit condition, or consent agreement.  HISTORY: 1962 Code Section 70-40; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.