reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-320. Allocation of allowable production.

(A) Whenever the department limits the amount of oil that may be produced in the State, the department shall allocate the allowable production among the pools on a reasonable basis.
(B) Whenever the department limits the total amount of oil, gas, or condensate that may be produced in any pool to an amount less than the amount that the pool could produce if no limitation were imposed, the department shall, subject to the reasonable necessities for the prevention of waste, allocate the allowable production among the several wells or producing properties in the pool so that each person entitled thereto will have a reasonable opportunity to produce or to receive a just and equitable share of the production.
(C) In allocating oil allowables to pools, the department may consider, but shall not be bound by, nominations of purchasers to purchase from particular pools or groups of pools. The department shall allocate the oil allowable from the State in such manner as will prevent undue discrimination among pools that would result from selective buying or nomination by purchasers.
HISTORY: 1977 Act No. 179, Part 1, Section 5; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-360. Submission of agreement for unit or cooperative development or operation to department.

An agreement for the unit or cooperative development or operation of a field, pool or part thereof may be submitted to the department for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. Such approval shall constitute a complete defense to any suit charging violation of any statute of the State relating to trusts and monopolies on account thereof or on account of operations conducted pursuant thereto. The failure to submit such an agreement to the department for approval shall not for that reason imply or constitute evidence that the agreement or operations conducted pursuant thereto are in violation of laws relating to trusts and monopolies.
HISTORY: 1977 Act No. 179, Part 1, Section 9; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-370. Permit required for drilling oil or gas well.

(A) The department shall require that all persons who desire to drill oil or gas wells obtain a permit for each well proposed to be drilled prior to the commencement of any drilling operations. The drilling of any well is hereby prohibited until a permit is granted by the department.
(B) No permit to drill a gas or oil well shall be granted within the corporate limits of any municipality, unless the governing authority of the municipality shall have first duly approved the issuance of such permit by resolution.
(C) No permit to drill a gas or oil well on any beach shall be granted by the department.
HISTORY: 1977 Act No. 179, Part 1, Section 10; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-380. Lessee's duty to lessor as to termination of oil or gas lease.

Whenever by reason of the termination of the full period within which an optional gas and oil lease which is of record may be kept alive by the payments of rentals, or at the termination of any of the options in such lease by reason of failure on the part of the lessee to comply with the condition therein for the prevention of forfeiture, such lease shall lapse, the lessee shall, on request in writing by the lessor, with an instrument, duly acknowledged, direct the cancellation of such lease on the records or shall supply the lessor with such instrument.
Any lessee failing or refusing to supply the lessor with such an instrument, or failing or refusing to cancel any lease on the records within thirty days after receiving written demand as above, shall be liable to such lessor for a reasonable attorney's fee incurred by the lessor in bringing suit to have such forfeiture and cancellation adjudged, and in addition thereto shall be liable to the lessor for all damages suffered by the lessor by reason of his inability to make any lease on account of the first lease not having been canceled.
This section shall be construed to apply to all leases for oil or gas heretofore entered into.
HISTORY: 1977 Act No. 179, Part 1, Section 19; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-520. Findings and declarations of General Assembly.

(1) The General Assembly finds and declares that the highest and best use of the seacoast of the State is as a source of public and private recreation.
(2) The General Assembly further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches, and public lands adjoining the seacoast in as close to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests.
(3) Furthermore it finds and declares that:
(a) The transfer of pollutants between vessels, between onshore facilities and vessels, between offshore facilities and vessels, and between terminal facilities within the jurisdiction of the State and state waters is a hazardous undertaking;
(b) Spills, discharges, and escapes of pollutants occurring as a result of procedures involved in the transfer, storage, and transportation of such products pose threats of great danger and damage to the environment of the State, to owners and users of shore front property, to public and private recreation, to citizens of the State and other interests deriving livelihood from marine-related activities, and to the beauty of the coast;
(c) Such hazards have frequently occurred in the past, are occurring now, and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the State as herein set forth; and
(d) Such state interests outweigh any economic burdens imposed upon those engaged in transferring pollutants and related activities.
(4) The General Assembly intends by the enactment of this article to exercise the police power of the State by conferring upon the Department of Health and Environmental Control power to:
(a) Deal with the hazards and threats of danger and damage posed by such transfers and related activities;
(b) Require the prompt containment and removal of pollution occasioned thereby; and
(5) The General Assembly further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the State in promoting its general welfare, preventing diseases, promoting health, and providing for the public safety and that the state's interest in such preservation outweighs any burdens of liability imposed herein upon those engaged in transferring pollutants and related activities.
(6) The General Assembly further declares that it is the intent of this article to support and complement applicable provisions of the Federal Water Pollution Control Act, as amended, specifically those provisions relating to the national contingency plan for removal of pollutants.
HISTORY: 1977 Act No. 179, Part 2, Section 22; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-530. General powers and duties of department.

(1) The powers and duties conferred by this article shall be exercised by the Department and shall be deemed to be an essential governmental function in the exercise of the police power of the State. The Department may call upon any other state agency for consultative services and technical advice and the agencies are directed to cooperate with the Department.
(2) Registration certificates required under this article shall be issued by the Department subject to such terms and conditions as are set forth in this article and as set forth in rules and regulations promulgated by the Department as authorized herein.
(3) Whenever it becomes necessary for the State to protect the public interests under this article it shall be the duty of the Department to keep an accurate record of costs and expenses incurred and thereafter diligently to pursue the recovery of any sums so incurred from the person responsible or from the Government of the United States under any applicable federal act.
(4) The Department may bring an action on behalf of the State to enforce the liabilities imposed by this article. The Attorney General shall represent the Department in any such proceeding.
HISTORY: 1977 Act No. 179, Part 2, Section 24; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-560. Removal and abatement of discharge; use of federal funds; liability and rights of persons rendering assistance.

(1) Any person discharging pollutants in violation of this article shall immediately undertake to contain remove, and abate the discharge to the Department's satisfaction. Notwithstanding the above requirement, the Department may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the Department.
(2) If the person causing a discharge, or the person in charge of facilities at which a discharge has taken place, fails to act, the Department may arrange for the removal of the pollutant, except that if the pollutant was discharged into or upon the navigable waters of the United States, the Department shall act in accordance with the national contingency plan for removal of such pollutant as established pursuant to the Federal Water Pollution Control Act, as amended, and the costs of removal incurred by the Department shall be paid in accordance with the applicable provisions of the law. Federal funds provided under this act shall be used to the maximum extent possible prior to the expenditure of state funds.
(3) In the event of discharge the source of which is unknown, any local discharge cleanup organization shall, upon the request of the Department or its designee, immediately contain and remove the discharge. No action taken by any person to contain or remove a discharge, whether such action is taken voluntarily or at the request of the Department or its designee, shall be construed as an admission of liability for the discharge.
(4) No person who, voluntarily or at the request of the Department or its designee, renders assistance in containing or removing pollutants shall be liable for any civil damages to third parties resulting solely from acts or omissions or such person in rendering such assistance, except for acts or omissions amounting to gross negligence or willful misconduct.
(5) Nothing in this article shall affect in any way the right of any person who renders assistance in containing or removing pollutants to reimbursement for the costs of the containment or removal under the applicable provisions of this article or the Federal Water Pollution Control Act, as amended, or any rights which that person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of the pollutants.
HISTORY: 1977 Act No. 179, Part 2, Section 27; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-570. Cooperation and responsibilities of state agencies.

(a) The Department of Transportation, the Department of Natural Resources, and any other agency of this State, shall cooperate with and lend assistance to the Department of Health and Environmental Control by assigning, upon request, personnel, equipment and material to be utilized in any project or activity related to the containment, collection, dispersal or removal of oil discharged upon the land or into the waters of this State.
(b) Subsequent to July 1, 1977, and prior to September 1, 1977, designated representatives of the department, the Department of Transportation, and the Department of Natural Resources , and any other agency or agencies of the State which the department shall deem necessary and appropriate, shall confer and establish plans and procedures for the assignment and utilization of personnel, equipment and material to be used in carrying out the purposes of this article.
(c) Every state agency participating in the containment, collection, dispersal or removal of an oil discharge or in restoration necessitated by such discharge, shall keep a record of all expenses incurred in carrying out any such project or activity including the actual services performed by the agency's personnel and the use of the agency's equipment and material. A copy of all records shall be delivered to the department upon completion of the project or activity.
HISTORY: 1977 Act No. 179, Part 2, Section 28; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-580. Unlawful acts; exceptions; permit for discharge of oil.

It shall be unlawful, except as otherwise provided in this article, for any person to discharge or cause to be discharged, pollutants into or upon any waters, tidal flats, beaches or lands within this State or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the pollutants or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause.
This section shall not apply to discharges of pollutants in the following circumstances:
(1) When the discharge was authorized by an existing regulation of the Department.
(2) When any person subject to liability under this article proves that a discharge was caused by any of the following:
(a) An act of God.
(b) An Act of war or sabotage.
(c) Negligence on the part of the United States government or the State or its political subdivisions.
(d) An act or omission of a third party, whether any such act or omission was or was not negligent; provided, however, nothing herein shall be construed as limiting the liability of such third party.
(e) Any act or omission by or at the direction of a law enforcement officer or fireman.
Any person who desires or proposes to discharge oil into the land or into the waters of the State shall first make application for and secure a permit from the Department. Application shall be made under such terms and conditions adopted by the Department. Any permit granted pursuant to this section may contain such terms and conditions as the Department shall deem necessary and appropriate to conserve and protect the land or waters of this State and the public interest therein.
HISTORY: 1977 Act No. 179, Part 2, Section 29; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-590. Financial responsibility of owners or operators of terminal facilities.

All persons operating or owning terminal facilities, within the territorial jurisdiction of the State shall furnish, under such conditions as may be prescribed from time to time by the Department, evidence of financial responsibility of fourteen million dollars to meet any and all liabilities to all persons caused by the operations of any such terminal facilities. Evidence of financial responsibility may be established by an insurance or surety bond issued by an insurance or bonding company authorized to do business in the State, qualifications of a self-insurer or other evidence of financial responsibility acceptable to the Department. This provision shall not be construed as limiting the liability of any person operating or owning terminal facilities.
HISTORY: 1977 Act No. 179, Part 2, Section 30; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-600. Filing of claims for damages.

Any person claiming to have suffered damage as a result of an unlawful discharge under Section 48-43-580 may file a claim pursuant to the Administrative Procedures Act.
HISTORY: 1977 Act No. 179, Part 2, Section 31; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-610. Violations and penalties.

(1) It is unlawful for any person to violate any provision of this article or any rule, regulation of the department, or order of the department made pursuant to this article. Except as otherwise provided, a violation shall be punishable by a civil penalty of up to ten thousand dollars per violation per day to be assessed by the department. Each day during any portion of which the violation occurs constitutes a separate offense.
(2) Penalties assessed herein for a discharge shall be the only penalties assessed by the State, and the assessed person or persons, shall be excused from paying any other penalty for water pollution for the same occurrence.
(3) The penalty provisions of this section shall not apply to any discharge promptly reported and removed by a registrant or vessel in accordance with the rules, regulations and orders of the Department.
HISTORY: 1977 Act No. 179, Part 2, Section 32; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-620. Department's budget for responsibilities under article; accounting for appropriated funds.

The department shall submit to each regular session of the legislature a proposed budget for carrying out its responsibilities under this article and shall also account for all funds appropriated by the legislature for carrying out its responsibilities under this article for the previous year.
HISTORY: 1977 Act No. 179, Part 2, Section 33; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-810. Unlawful acts.

It shall be unlawful for any person to:
(a) willfully violate any provision of this chapter, or any rule, regulation or order of the department;
(b) commence operations for the drilling of a well for oil or gas without first obtaining a permit from the department, under such rules and regulations as may be prescribed by the department;
(c) do any of the following for the purpose of evading or violating this chapter, or any rule, regulation or order of the department; make any false entry or statement in a report required by this chapter or by any rule, regulation of the department or order of the department; make or cause to be made any false entry in any record, account or memorandum, required by this chapter, or by any such rule, regulation or order; omit, or cause to be omitted, from any such record, account or memorandum full, true and correct entries as required by this chapter, or by any such rule, regulation or order; or remove from this State or destroy, mutilate, alter or falsify any such record, account or memorandum;
(d) refuse to attach or install a meter as prescribed by the department pursuant to Section 48-43-30B(1)(m) herein when ordered to do so by the department or in any way to tamper with such meter so as to produce a false or inaccurate reading, or to have any bypass at such a place where the oil or gas can be passed around;
(e) permit through negligence or willfulness any gas or oil well to go wild or to get out of control.
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or be imprisoned for not more than six months, or both.
HISTORY: 1977 Act No. 179, Part 1, Section 13; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-820. Civil penalties; correction of detrimental conditions; liability to third persons.

(A) Any person who violates any provision of this chapter, or any rule, regulation or order of the department, shall also be subject to a civil penalty of not more than five thousand dollars for each act of violation and for each day that such violation continues.
(B) Any person who negligently or willfully permits an oil or gas well to go wild or to get out of control, to cause pollution or waste, or to create other conditions that are detrimental to the property rights of others or the public shall be liable to the department for the expense incurred in correcting the detrimental conditions and the civil penalties imposed by Section 48-43-820A and the department is hereby authorized to take whatever action it deems necessary, including operation of the well, to correct the detrimental conditions and charge the owner or producer, or both, of the well for the expenses incurred.
(C) The penalties and liabilities provided in this section shall be recoverable by civil suit filed by the Attorney General in the name and on behalf of the department in the court of common pleas of the county in which the defendant resides or in which any defendant resides, if there be more than one defendant, or in the court of common pleas of any county in which the violation occurred. The payment of any such penalty shall not operate to legalize any illegal oil, illegal gas or illegal product involved in the violation for which the penalty is imposed or relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.
(D) In addition to any civil and criminal penalties imposed by this chapter, any person who violates any provisions of this chapter, or rules, regulations and orders of the department, shall be liable to all third parties who may incur damage or injury because of such violations.
HISTORY: 1977 Act No. 179, Part 1, Section 14; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-830. Punishment and penalties for aiding or abetting violations.

Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any rule, regulation of the department or order of the department, shall be subject to the same punishment and penalty prescribed by this chapter for the violation by such other person.
HISTORY: 1977 Act No. 179, Part 1, Section 15; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production › Section 48-43-850. Injunctions.

Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule, regulation of the department or order of the department, the Attorney General may, at the request of the department, bring suit in the name of the department against such persons in the court of common pleas of the county where the violation occurs or is threatened, or in the county in which the defendant resides or in which any defendant resides if there is more than one defendant, to restrain such person from continuing such violation or from carrying out the threat of violation. In any such suit, the court shall have jurisdiction to grant without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions.
HISTORY: 1977 Act No. 179, Part 1, Section 17; 1993 Act No. 181, Section 1236.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 44 - South Carolina Oil Spill Responders Liability Act › Section 48-44-20. Definitions.

For purposes of this chapter:
(1) "Damages" means damages of any kind for which liability may exist under the laws of this State resulting from, arising out of, or related to the discharge or threatened discharge of oil.
(2) "Discharge" means an emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(3) "Federal on-scene coordinator" means the federal official predesignated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan.
(4) "National Contingency Plan" means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act, 33 U.S.C. 1321(d), as amended by the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990).
(5) "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
(6) "Person" means an individual, a corporation, a partnership, an association, the State, a municipality, a commission, or a political subdivision of the State, or an interstate body.
(7) "Removal costs" means the costs of removal incurred after a discharge of oil or, when there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from an incident.
(8) "Responsible party" means a responsible party as defined under Section 1001 of the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990).
HISTORY: 1992 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 44 - South Carolina Oil Spill Responders Liability Act › Section 48-44-30. Liability of persons responding to oil spill.

(A) Notwithstanding other provisions of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response.
(B) Subsection (A) does not apply:
(1) to a responsible party;
(2) with respect to personal injury or wrongful death; or
(3) if the person is grossly negligent or engages in wanton or wilful misconduct.
(C) A responsible party is liable for removal costs and damages that another person is relieved of under subsection (A).
(D) Nothing in this section affects the liability of a responsible party for oil spill response under state law.
HISTORY: 1992 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 45 - South Carolina Sea Grant Consortium › Section 48-45-20. Purpose of consortium.

The principal purpose of the consortium is to provide a mechanism for the development and management of the Sea Grant Program for South Carolina and adjacent regions that share a common environment and resource heritage. The consortium serves to support, improve, and share research, education, training, and advisory services in fields related to ocean and coastal resources. The consortium further encourages and follows a regional approach to solving problems or meeting needs relating to ocean and coastal resources in cooperation with appropriate institutions, programs, and persons in the region.
HISTORY: 1978 Act No. 643, Section 2; 1987 Act No. 71, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 45 - South Carolina Sea Grant Consortium › Section 48-45-40. Membership; terms.

The membership of the consortium consists of The Citadel, the College of Charleston, Clemson University, the Medical University of South Carolina, South Carolina State College, the University of South Carolina, and the Department of Natural Resources. These members are designated as charter members.
The terms of the members are perpetual, and a majority of the charter members may vote the admission of a new member into the consortium.
HISTORY: 1978 Act No. 643, Section 4; 1987 Act No. 71, Section 2; 1993 Act No. 181, Section 1237.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 45 - South Carolina Sea Grant Consortium › Section 48-45-50. Board of directors.

The board of directors for the consortium consists of the chief executive officer of each of the participating educational institutions and state agencies or the officer's designee.
HISTORY: 1978 Act No. 643, Section 5; 1987 Act No. 71, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 45 - South Carolina Sea Grant Consortium › Section 48-45-60. Officers.

The officers of the board are the chairman and vice-chairman. These officers must be elected annually by members of the board but may not serve more than two consecutive terms.
HISTORY: 1978 Act No. 643, Section 6; 1987 Act No. 71, Section 4.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 45 - South Carolina Sea Grant Consortium › Section 48-45-70. Consortium Director; powers and duties.

A. The board has the power to employ an executive director to be known as the Consortium Director. The salary and fringe benefits appropriated to the position must be derived from funds directly assigned to the consortium for this purpose by the General Assembly.
B. The director has the following powers and duties to:
1. direct supervision over all consortium proposals;
2. prepare consortium proposals to be submitted to interested agencies;
3. prepare an annual summary of all submitted proposals;
4. negotiate funding levels for proposals submitted by member institutions;
5. provide an accounting to the board of the director's development funds;
6. request and receive funds from local, state, federal, and private sources for use by the director, consortium, individual member institutions, or other persons;
7. gather, maintain, and make available to interested persons natural resource information from state and federal agencies, higher education institutions, and any other appropriate entity;
8. designate the location of the consortium office, subject to the approval of the board;
9. exercise all incidental powers necessary to carry out the provisions of this chapter.
HISTORY: 1978 Act No. 643, Section 7; 1987 Act No. 71, Section 5.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 45 - South Carolina Sea Grant Consortium › Section 48-45-80. Advisory committee; members; terms.

There is hereby created an advisory committee to the Consortium Director to consist of seven members who shall serve for terms of four years and until their successors are appointed and qualified. Four members must be appointed by the Governor. The chairmen of the Senate Fish, Game and Forestry Committee, House Agriculture and Natural Resources Committee, and Department of Natural Resources Board shall each appoint one member upon the recommendation of a majority of the members of their respective committees and commissions. The four members appointed by the Governor must be residents of coastal counties, no more than one from each county, and two must be associated with the commercial fishing industry.
HISTORY: 1978 Act No. 643, Section 8; 1987 Act No. 71 Section 6; 1993 Act No. 181, Section 1238; 2008 Act No. 273, Section 9, eff June 4, 2008.
Effect of Amendment
The 2008 amendment, deleted "with the advice and consent of the Senate" from the end of the second sentence.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 45 - South Carolina Sea Grant Consortium › Section 48-45-100. Effect of consortium on member institutions and commissions.

Membership in the consortium shall be in no way infringe upon the autonomy of any member institution or commission. The consortium shall have no authority or control in the budgeting or financial affairs of member institutions or commissions.
HISTORY: 1978 Act No. 643, Section 10.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 46 - Atlantic Interstate Low-level Radioactive Waste Compact Implementation Act › Section 48-46-10. Citation of chapter.

This chapter may be cited as the "Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act".
HISTORY: 2000 Act No. 357, Section 1.
Editor's Note
2000 Act No. 357, Section 4, provides as follows:
"The provisions of this act are to be liberally construed to effectuate its purpose. If any provisions of this act shall be determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision shall be severable from the remaining portions of this chapter and shall not invalidate the remaining provisions of this chapter, which shall continue in full force and effect. If any provision of this act shall be determined by a court of competent jurisdiction to be in conflict with any other provision of this act, and particularly the provisions of the Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985), the provisions of the compact shall govern."
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 46 - Atlantic Interstate Low-level Radioactive Waste Compact Implementation Act › Section 48-46-20. Purpose.

The purpose of this act is to establish South Carolina as a member of the Atlantic Low-Level Radioactive Waste Compact, known in federal statute as the "Northeast Interstate Low-Level Radioactive Waste Management Compact" and to authorize and direct specific processes and procedures that are necessary to implement South Carolina's responsibilities in the compact.
HISTORY: 2000 Act No. 357, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 46 - Atlantic Interstate Low-level Radioactive Waste Compact Implementation Act › Section 48-46-50. Appointment of commissioners, alternate commissioners, and technical representatives from certain state agencies to Atlantic Compact Commission; restrictions on voting authority of commissioners.

(A) The Governor shall appoint two commissioners to the Atlantic Compact Commission and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the office, the PSC, and other state agencies may participate in relevant portions of meetings of the compact commission upon the request of a commissioner, alternate commissioner, or staff of the compact commission, or as called for in the compact commission bylaws.
(B) South Carolina commissioners or alternate commissioners to the compact commission may not vote affirmatively on any motion to admit new member states to the compact unless that state volunteers to host a regional disposal facility.
(C) Compact commissioners or alternate commissioners to the Atlantic Compact Commission may not vote to approve a regional management plan or any other plan or policy that allows for acceptance at the Barnwell regional disposal facility of more than a total of 800,000 cubic feet of waste from Connecticut and New Jersey.
(D) South Carolina's commissioners or alternate commissioners to the compact commission shall cast any applicable votes on the compact commission in a manner that authorizes the importation of waste into the region for purposes of disposal at a regional disposal facility in South Carolina so long as importation would not result in the facility accepting more than the following total volumes of all waste:
(1) 160,000 cubic feet in fiscal year 2001;
(2) 80,000 cubic feet in fiscal year 2002;
(3) 70,000 cubic feet in fiscal year 2003;
(4) 60,000 cubic feet in fiscal year 2004;
(5) 50,000 cubic feet in fiscal year 2005;
(6) 45,000 cubic feet in fiscal year 2006;
(7) 40,000 cubic feet in fiscal year 2007;
(8) 35,000 cubic feet in fiscal year 2008.
South Carolina's commissioners or alternate commissioners shall not vote to approve the importation of waste into the region for purposes of disposal in any fiscal year after 2008.
HISTORY: 2000 Act No. 357, Section 1; 2014 Act No. 121 (S.22), Pt V, Section 7.GG, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 7.GG, in subsection (A), substituted "the office" for "the board".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 46 - Atlantic Interstate Low-level Radioactive Waste Compact Implementation Act › Section 48-46-70. Northeast Interstate Low-Level Radioactive Waste Management Compact incorporated by reference.

The Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985) as it existed on the date this act was enacted, is hereby incorporated by reference, and all terms and conditions contained therein shall have full force and effect as if set forth herein in their entirety. In addition to the express limitations on non-host state and compact commission liability provided in the Northeast Interstate Low-Level Radioactive Waste Management Compact, South Carolina will indemnify the Atlantic Compact Commission or any of the other party states for any damages incurred solely because of South Carolina's membership in the compact and for any damages associated with any injury to persons or property during the institutional control period resulting from the radioactive and waste management operations of the regional facility.
HISTORY: 2000 Act No. 357, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 46 - Atlantic Interstate Low-level Radioactive Waste Compact Implementation Act › Section 48-46-80. Adjustment of license fees for Low-Level Radioactive Waste Shallow Land Disposal.

Pursuant to Section 48-2-10 et seq., the Department of Health and Environmental Control may adjust the radioactive materials license fee for Low-Level Radioactive Waste Shallow Land Disposal in Regulation 61-30 in an amount that will offset changes to its annual operating budget caused by projected increases or decreases in the number of permittees expected to pay fees for Radioactive Waste Transport Permits under the same regulation for shipment of low-level radioactive waste for disposal within the State.
HISTORY: 2000 Act No. 357, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 46 - Atlantic Interstate Low-level Radioactive Waste Compact Implementation Act › Section 48-46-90. Custody and maintenance of Barnwell site following closure.

(A) In accordance with Section 13-7-30, the office, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The Department of Health and Environmental Control is responsible for continued site monitoring.
(B) Nothing in this chapter may be construed to alter or diminish the existing statutory authority of the Department of Health and Environmental Control to regulate activities involving radioactive materials and radioactive wastes.
HISTORY: 2000 Act No. 357, Section 1; 2014 Act No. 121 (S.22), Pt V, Section 7.II, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 7.II, in subsection (A), substituted "the office" for "the board".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 49 - South Carolina Mountain Ridge Protection Act Of 1984 › Section 48-49-20. Legislative findings.

The General Assembly finds that the construction of tall or major buildings and structures on the ridges and higher elevations of South Carolina's mountains can cause unusual problems and hazards to the residents of and to visitors to the mountains. Supplying water to, and disposing of the sewage from, buildings at high elevations with significant numbers of residents may infringe on the groundwater rights and endanger the health of those persons living at lower elevations. Providing fire protection may be difficult given the lack of water supply and pressure and the possibility that fire will be fanned by high winds. Extremes of weather can endanger buildings, structures, vehicles, and persons. Tall or major buildings and structures located on ridges are a hazard to air navigation and persons on the ground and detract from the natural beauty of the mountains. Finally, the construction of tall buildings or structures within or in visible proximity to any such mountain ridges would mar, destroy, or greatly damage their natural beauty and greatly reduce their attractiveness to both the citizens of this State and to visitors to our State. For these reasons, it is imperative that the State protect this unique, valuable, and enduring asset against the consequences of this unsightly construction.
HISTORY: 1984 Act No. 444, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 49 - South Carolina Mountain Ridge Protection Act Of 1984 › Section 48-49-30. Definitions.

The following words unless the context clearly indicates otherwise have the following meanings:
(1) "Person" has that meaning as found in Section 2-7-30 of the 1976 Code but also includes the State of South Carolina and its political subdivisions. A person doing business in or maintaining an office within a county or municipality is deemed to be a resident thereof for purposes of this chapter.
(2) "Tall building or structure" means any building or structure or portion of any building or structure, any part of which has, or would have upon construction, a height of more than forty-two feet measured from the highest elevation of the natural surface of the land on or over which the building or structure is constructed. This definition also includes any building or structure, regardless of where it is located, if any part of it extends more than forty-two feet above the lowest point of the protected mountain ridge located closest to the building or structure. "Tall buildings or structures" do not include:
(a) Water, radio, telephone or television towers, or any equipment for the transmission of electricity or communications or both.
(b) Structures of a relatively slender nature and minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills.
(c) Buildings and structures on the National Register of Historic Places.
(3) "Construction" means and includes reconstruction, alteration, or expansion.
(4) "Ridge" means the elongated crest or series of crests at the apex or uppermost point of intersection between two opposite slopes or sides of a mountain and includes all land within one hundred feet below the elevation of any portion of such line or surface along the crest.
(5) "Protected mountain ridges" means all ridges whose elevation is two thousand five hundred feet above sea level or more.
(6) "Crest" means the uppermost line of a mountain or chain of mountains from which the land falls away on at least two sides to a lower elevation or elevations.
HISTORY: 1984 Act No. 444, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 49 - South Carolina Mountain Ridge Protection Act Of 1984 › Section 48-49-40. Authorization by county or municipality for construction of tall buildings or furnishing of utility services.

(a) No county or municipality may authorize the construction of, and no person may construct, a tall building or structure on any protected mountain ridge.
(b) No county or municipality may authorize the providing of the following utility services to any building or structure constructed in violation of subsection (a) of this section: electricity, telephone, gas, water, sewer, or septic system.
HISTORY: 1984 Act No. 444, Section 4.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 49 - South Carolina Mountain Ridge Protection Act Of 1984 › Section 48-49-50. Previously existing buildings.

Section 48-49-40 applies to buildings that existed upon the effective date of this chapter as follows:
(1) No reconstruction, alteration, or expansion may aggravate or intensify a violation by an existing building or structure that did not comply with Section 48-49-40 upon its effective date.
(2) No reconstruction, alteration, or expansion may cause or create a violation by an existing building or structure that did comply with Section 48-49-40 upon its effective date.
HISTORY: 1984 Act No. 444, Section 5.