reglab/housing_qa huggingface dataset:
SC Code § 49-9-10 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 9 - Flooding Of Cemeteries Or Burial Grounds By Power Or Water Companies|Section 49-9-10. Publication of notice before creation of artificial lake, pond, or reservoir on cemetery or burial ground.

 Any water-power or reservoir company proposing to create an artificial lake, pond or reservoir on land whereon is situated a cemetery or burying ground shall, before the creation of such lake, pond or reservoir, cause to be published once a week for four successive weeks in a newspaper published in the county or counties in which such lake, pond or reservoir shall be created or, if there be no such newspaper, in a newspaper having general circulation in such county or counties a notice which shall set forth (a) the names, if known, of all persons buried within the area to be covered by water, (b) the names, if known, of all family and other burying grounds within such area and (c) such other information as may be known to the company and which would serve to designate the known graves or graveyards within such area. Such notice shall further contain a provision calling upon the relatives of all persons buried within such area to furnish to the company in writing within a stated period of time, to be not less than thirty days from the date of last publication, a statement of their wishes with respect to the disposition of the remains of the persons so buried, signed by the person making the request and giving his post-office address.  HISTORY: 1962 Code Section 70-171; 1952 Code Section 70-171; 1942 Code Section 6026; 1932 Code Section 6026; 1929 (36) 171.
SC Code § 49-9-20 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 9 - Flooding Of Cemeteries Or Burial Grounds By Power Or Water Companies|Section 49-9-20. Procedure authorized if no requests for disposition of bodies received.

 Unless the company shall receive written requests for the disposition of the remains of deceased relatives within the time stated in such notice, the company shall be at liberty to proceed with the creation of its proposed pond, lake or reservoir and to remove, if it deems it advisable, the bodies buried within the area together with any stones or markers to some suitable place nearby or to allow the bodies to remain within the area to be covered by water and the relatives of all persons buried within such area who fail to express in writing their wishes for the disposition of such bodies shall be deemed to have abandoned such graves.  HISTORY: 1962 Code Section 70-172; 1952 Code Section 70-172; 1942 Code Section 6026; 1932 Code Section 6026; 1929 (36) 171.
SC Code § 49-9-30 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 9 - Flooding Of Cemeteries Or Burial Grounds By Power Or Water Companies|Section 49-9-30. Petition to judge upon disagreement as to disposition of bodies.

 In the event that the company and the relatives of persons buried within the pond area of such company shall be unable to agree upon a proper disposition of the bodies, the company may present a petition to the resident or presiding judge of the court of common pleas for the county in which the graves or graveyard in question are located setting forth the facts and praying for an appropriate order in the premises.  HISTORY: 1962 Code Section 70-173; 1952 Code Section 70-173; 1942 Code Section 6026; 1932 Code Section 6026; 1929 (36) 171.
SC Code § 49-9-40 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 9 - Flooding Of Cemeteries Or Burial Grounds By Power Or Water Companies|Section 49-9-40. Rule to show cause.

 Upon the presentation of such petition the judge to whom it is presented shall issue a rule to show cause returnable in not less than ten days requiring the persons named in the rule to show cause why the bodies of the deceased persons in question should not be removed to some suitable cemetery or burying ground or such other disposition be made with reference thereto as to the judge before whom the rule is returnable may seem just and proper.  HISTORY: 1962 Code Section 70-174; 1952 Code Section 70-174; 1942 Code Section 6026; 1932 Code Section 6026; 1929 (36) 171.
SC Code § 49-9-50 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 9 - Flooding Of Cemeteries Or Burial Grounds By Power Or Water Companies|Section 49-9-50. Service of rule to show cause.

 The rule to show cause provided for in Section 49-9-40 shall be directed to the interested persons who have furnished the company the written statement or request prescribed in Section 49-9-10 and shall be personally served upon such persons as are residents of the State. If the persons to be served are nonresidents service may be made by registered mail, in which case a copy of the rule and petition shall be mailed at least ten days prior to the return date of such rule.  HISTORY: 1962 Code Section 70-175; 1952 Code Section 70-175; 1942 Code Section 6026; 1932 Code Section 6026; 1929 (36) 171.
SC Code § 49-9-60 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 9 - Flooding Of Cemeteries Or Burial Grounds By Power Or Water Companies|Section 49-9-60. Hearing; final order.

 Upon the return of such rule the judge before whom it is returnable may decide the issues arising thereon upon the petition and return or he may hear testimony or refer the matter to the master in equity, the clerk of court of the county or to a special referee and the matter shall thereon proceed to final determination in the same manner as is provided by law for actions so referred. The final order to be entered in the proceedings shall provide for a suitable and reasonable disposition of the bodies, taking into account all relevant circumstances, or it may provide that the bodies be allowed to remain under such conditions as the court may prescribe.  HISTORY: 1962 Code Section 70-176; 1952 Code Section 70-176; 1942 Code Section 6026; 1932 Code Section 6026; 1929 (36) 171.
SC Code § 49-9-70 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 9 - Flooding Of Cemeteries Or Burial Grounds By Power Or Water Companies|Section 49-9-70. Removal of bodies; supervision; expense.

 All removal of bodies under the provisions of this chapter shall be made under the supervision of a duly licensed embalmer and shall be at the expense of the company instituting the proceeding.  HISTORY: 1962 Code Section 70-177; 1952 Code Section 70-177; 1942 Code Section 6026; 1932 Code Section 6026; 1929 (36) 171.
SC Code § 49-11-10 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-10. Prohibition on dams or banks erected or water let off to injury of others.

 No person shall be permitted or allowed to make or keep up any dam or bank to stop the course of any waters so as to overflow the lands of another person without the consent of such person first had and obtained nor shall any person be permitted or allowed to let off any reserved water to injure the crops upon the grounds of other persons.  HISTORY: 1962 Code Section 18-5; 1952 Code Section 18-5; 1942 Code Section 6087; 1932 Code Section 6087; Civ. C. '22 Section 3141; Civ. C. '12 Section 2187; Civ. C. '02 Section 1456; G. S. 1169; R. S. 1264; 1744 (3) 609; 1783 (4) 540; 1993 Act No. 181, Section 1248.
SC Code § 49-11-20 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-20. Persons may not keep water on other's lands.

 Nothing contained herein shall be construed to authorize any person to keep water at any time on any lands other than his own.  HISTORY: 1962 Code Section 18-6; 1952 Code Section 18-6; 1942 Code Section 6095; 1932 Code Section 6095; Civ. C. '22 Section 3149; Civ. C. '12 Section 2195; Civ. C. '02 Section 1464; G. S. 1177; R. S. 1272; 1799 (5) 356; 1993 Act No. 181, Section 1248.
SC Code § 49-11-110 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-110. Short title.

 This article shall be cited as the "Dams and Reservoirs Safety Act."  HISTORY: 1980 Act No. 447 Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-130 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-130. Declaration of purpose.

 It is the purpose of this article to provide for the certification and inspection of certain dams in South Carolina in the interest of public health, safety, and welfare in order to reduce the risk of failure of the dams, prevent injuries to persons and damage to property, and confer upon the department the regulatory authority to accomplish the purposes.  HISTORY: 1980 Act No. 447 Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-140 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-140. General duties of department.

 The authority for the safe maintenance of the dams and reservoirs of this State and the powers of inspection and certification provided in this article are the responsibility of the department. The department may employ engineers and technicians it considers necessary to implement this article for which appropriations are available.  HISTORY: 1980 Act No. 447 Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-150 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-150. Owner responsible for safe maintenance of dam or reservoir; notice of change of ownership; emergency action plan requirement.

 The owner of a dam or reservoir constructed in this State solely is responsible for maintaining the dam or reservoir in a safe condition throughout the life of the structure. The owner of a dam or reservoir shall inform the department in writing within thirty days after title to the dam or reservoir legally has been transferred from his ownership. The notice must include the name and address of the new owner. The owner of a dam or reservoir whose failure likely would cause loss of life or substantial property damage, a dam or reservoir classified as a high or significant hazard under existing regulations, shall provide the department a current emergency action plan in the format the department by regulation requires.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-160 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-160. Order to maintain, alter, repair, or remove dam or reservoir; findings supporting order.

 The department may issue an order directing the owner of a dam or reservoir to make at his expense the necessary maintenance, alteration, repair, or removal upon a finding that the dam or reservoir:  (a) is or has become unsafe and is dangerous to life or property;  (b) is not maintained in good repair or operating condition; or  (c) is not maintained or operated in accordance with the terms and conditions of the certificate of completion and operation issued by the department.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-170 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-170. Bringing unsafe dams to attention of department; preliminary inspections; detailed inspection at owner's expense; notice to owner; hearings.

 (A) The existence of a dam which is not maintained in good repair or operating condition or may be unsafe and a danger to life or property may be brought to the attention of the department by complaint, staff, or authorized investigation or by other means.  (B) Upon staff or other authorized investigations or upon receipt of a written private complaint alleging that the person or property of the complainant is endangered by the construction, maintenance, operation, or condition of a dam or reservoir, the department shall cause a preliminary inspection of the structure and downstream development to be made by field observations to determine if the complaint is meritorious. The department may require the owner of the dam or reservoir to provide data, records, and design plans of the structure specified by regulations.  (C) If upon the preliminary inspection it is determined that the dam or reservoir is unsafe and is dangerous to life or property, the department may order the owner at his expense to make a detailed inspection of the dam and reservoir and surrounding area and to provide to the department within a time frame specified by the department plans prepared by a qualified registered professional engineer for correction of all deficiencies of the dam or to provide to the department plans and specifications for removal of the dam. In either instance the plans must be approved by the department before implementation and implemented within a time frame specified by the department. If upon inspection it is determined that the dam or reservoir has not been maintained in good repair or operating condition, the department may order the owner at his expense to accomplish the necessary maintenance or to obtain a permit for removal and to remove the dam within a time frame specified by the department.  (D) The department shall give the owner notice of its action when:  (1) a complaint has been filed alleging that the owners' dam or reservoir is unsafe and a danger to life or property stating the nature of the complaint;  (2) a preliminary inspection has been made with findings.  (E) The owner of a dam or reservoir determined through a preliminary inspection not to be maintained in good repair or operating condition or to be unsafe and a danger to life or property may request a hearing before the board of the department within thirty days after notice of the findings are delivered. The owner may submit written or present oral evidence which must be considered by the board of the department in the issuance of the order.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-180 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-180. Voluntary compliance; time extensions.

 (A) The department may solicit voluntary compliance by the owner of a dam or reservoir found to be unsafe and a danger to life or property to take remedial steps necessary to render the dam safe.  (B) Extension of time to complete work specified in an order may be granted by the department. No extension may be granted when there appears substantial and immediate danger of dam failure.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-190 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-190. Emergency orders; owner to notify department of emergency; action when owner is unknown or fails to comply with order.

 (A) The department immediately shall order remedial measures necessary to protect life or property if the condition of a dam or reservoir is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of a repair order or passing or imminent floods threaten overtopping erosion or destruction of a dam or reservoir capable of danger to life or property.  (B) In applying emergency measures the department has the following limited powers to order the owner to:  (1) lower the water level by releasing water from the reservoir;  (2) empty the reservoir completely;  (3) take other steps essential to safeguard life and property.  (C) For an emergency where the owner finds repairs are necessary to safeguard life or property, he may start the repairs immediately but shall notify the department at once of the proposed repair and work underway.  (D) When the owner fails to comply with the emergency order or cannot be ascertained or found, the department or its authorized agents may enter and immediately take actions necessary to provide protection to life or property, including removal of the dam. The department may recover from the owner, in the name of the State, the expenses incurred in taking the action in the same manner debts are recoverable by law.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-200 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-200. Department approval required for construction or alteration; exceptions.

 (A) The construction of a new dam or reservoir or enlargement, removal, or repair may not begin until the owner has applied for and obtained from the department written approval of plans and specifications.  (B) Where the location and size of the dam or reservoir renders the requirements of subsection (A) and Section 49-11-210 unnecessary, the department may grant approval and waive certain nonessential requirements in instances, including, but not limited to, small dams and reservoirs for agricultural, fish or wildlife, or recreational uses on private lands and of no danger to other life or property downstream.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-210 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-210. Separate application required for each alteration; information to accompany application.

 A separate application for each dam or reservoir and all enlargements, removals, or repairs to existing dams or reservoirs must be filed with the department upon forms to be provided by it, except only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam. The application must be accompanied by maps and plans and specifications of a character and size and setting forth pertinent details and dimensions required by regulation. The application for construction of a new dam or reservoir whose failure likely would cause loss of life or substantial property damage, a dam or reservoir classified as high or significant hazard under existing regulations, must include a fully-developed emergency action plan in a format the department by regulation requires. After the dam or reservoir is constructed, this emergency action plan must be updated by the owner of the dam or reservoir each time it becomes noncurrent.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-220 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-220. Filing of certification of approved design; designs by federal agencies excepted.

 An applicant for approval of a dam or reservoir subject to Section 49-11-200 also shall file with the department a design approved by a registered professional engineer legally qualified in the State. Dams designed by the USDA-Soil Conservation Service or other federal agencies do not require certification by a registered professional engineer.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-230 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-230. Inspections during construction; maximum rate of discharge for water released during construction.

 (A) The department may make necessary inspections during construction of new dams and reservoirs, enlargements, removal, and repairs of dams and reservoirs and during work done pursuant to repair orders to assure compliance with the approved plans and specifications or provisions of the order.  (B) If water is to be released during the construction, repair, or removal, the department shall specify the maximum discharge rate allowable to avoid endangering or causing injury to downstream owners.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-240 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-240. Authority of department to inspect and enter on lands and waterways; regulations.

 (A) The department or its authorized agents may inspect the dam or reservoir and surrounding area to determine the safety of the structure.  (B) An authorized member, agency, or representative of the department may enter state or private lands and natural or artificial waterways in the State to discharge the duties set forth in this article.  (C) The department shall formulate reasonable regulations, including, but not limited to, minimum safety design standards for impoundments, safety inspection standards, water discharge, or drawdown rates and levels in unsafe impoundments and for other purposes necessary to administer this article.  (D) The department shall issue all orders, permits, or licenses set forth in this article.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-250 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-250. Liability for actions or failure to act.

 Nothing in this article and no action or failure to act under this article:  (1) imposes liability on the State, the department, districts, or an agency or its officers or employees for the recovery of damages caused by the action or failure to act; or  (2) relieves the owner or operator of a dam or reservoir of the duties, obligations, responsibilities, or liabilities arising from or incident to the ownership or operation of a dam or reservoir.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.
SC Code § 49-11-260 (2021)
2021 South Carolina Code of Laws|Title 49 - Waters, Water Resources and Drainage|Chapter 11 - Dams|Section 49-11-260. Penalties; injunction; appeals; disposition of fines.

 (A) A person violating this article is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars. Each day the violation continues after notice to take corrective action is a separate offense.  (B) The department may assess an administrative fine of not less than one hundred nor more than one thousand dollars against a person who violates this article or an order issued or regulation promulgated pursuant to it. In determining the amount of the fine the department shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. Fines assessed under this subsection may be appealed to the department who may reduce them based on information presented at the appeal hearing.  (C) Upon a violation of this article or related regulations the department may institute legal action to obtain injunctive relief in the name of the department.  (D) A person against whom a final order or decision has been made, except for emergencies specified in Section 49-11-190, may appeal to the board under the Administrative Procedures Act. The burden of proof is on the party attacking an order or a decision of the department to show that the order is unlawful or unreasonable.  (E) Civil fines collected under this article must be deposited in a special account of the department to fund educational activities relating to dams and reservoirs safety, including, but not limited to, workshops, seminars, manuals, and brochures.  HISTORY: 1980 Act No. 447, Section 1; 1992 Act No. 406, Section 1; 1993 Act No. 181, Section 1248.