reglab/statecodes huggingface dataset:
2023 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."
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 5 - Groundwater Use And Reporting Act › Section 49-5-100. Permits; temporary permits; revocation; process for public participation in permitting process to be developed; contested case hearing.

(A) Before a groundwater withdrawer or proposed groundwater withdrawer in a designated capacity use area can construct a new well or increase the rated capacity of an existing well, an application for a permit to construct must be made to, and a permit to construct obtained from, the department unless exempt pursuant to Section 49-5-70.
(B) Before a person may become a groundwater withdrawer in a designated capacity use area, an application for a groundwater withdrawal permit must be made to, and a groundwater withdrawal permit obtained from, the department.
(C) The department may grant a temporary groundwater withdrawal permit for up to one hundred eighty days or until a final decision is made on the application if an imminent hazard to public health exists or if an applicant demonstrates that physical or financial damage has occurred, or will occur, if a temporary permit is not granted. The issuance of a temporary permit does not guarantee the issuance of a groundwater withdrawal permit.
(D) The department may revoke a permit to construct or a groundwater withdrawal permit if it determines information in the permit application is false or the permittee fails to comply with the conditions of the permit.
(E) The department may revoke a temporary groundwater withdrawal permit if the permittee fails to adhere to the conditions of the temporary permit or provide timely response to requests for actions for information made pursuant to the application review.
(F) The department shall develop a public participation process for the permitting of new wells or for an increase in the rated capacity of a well and for groundwater withdrawal.
(G) The department is authorized to develop a "General Permit" for groundwater withdrawal activities.
(H) A person or entity aggrieved by the department's decision on any permit application or revocation pursuant to this section may request a contested case hearing. The contested case must proceed in accordance with Articles 3 and 5, Chapter 23 of Title 1.
HISTORY: 1962 Code Section 70-41; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 5 - Groundwater Use And Reporting Act › Section 49-5-120. Violations of chapter or regulation; civil and criminal penalties.

(A) A person wilfully violating a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars a day for each violation.
(B) A violation of a provision of this chapter or a regulation promulgated under the authority of this chapter renders the violator liable to the State for a civil penalty of not more than one thousand dollars a day for each violation.
(C) The department may administer penalties as otherwise provided herein for a violation of this chapter, an order, regulation, standard, permit, or permit condition or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure a penalty.
(D) The department may cause to be instituted a civil action in a court of applicable jurisdiction for injunctive relief to prevent violation of this chapter or an order issued pursuant to this chapter.
(E) Civil penalties collected pursuant to this section must be deposited in the general fund of the State.
HISTORY: 1962 Code Section 70-42; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 5 - Groundwater Use And Reporting Act › Section 49-5-130. Wells not requiring pumps; restriction of flow; promulgation of regulations.

Wells that are flowing by releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface at a rate of greater than five thousand gallons a day at any time are an unreasonable use of groundwater constituting waste and are prohibited, except that the water from these wells may be utilized to the extent actually necessary for a specific use. These wells must be fitted with a mechanism to restrict the flow of water if the flow is in excess of that necessary for the specific use. The department may promulgate regulations to govern use of these wells in this State.
HISTORY: 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 5 - Groundwater Use And Reporting Act › Section 49-5-140. Effect of chapter on rights of use of surface water.

Nothing contained in this chapter changes or modifies existing common or statutory law with respect to the rights of the use of surface water in this State.
HISTORY: 2000 Act No. 366, Section 2.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 5 - Groundwater Use And Reporting Act › Section 49-5-150. Existing capacity use areas.

Existing capacity use areas and requirements as specified in Regulations 121-1 and 121-2, S. C. Code of Regulations, remain in effect until the department promulgates regulations under the authority of this chapter.
HISTORY: 2000 Act No. 366, Section 2.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 6 - Aquatic Plant Management › Section 49-6-10. Purpose; administering agency.

There is hereby created the South Carolina Aquatic Plant Management Program for the purpose of preventing, identifying, investigating, managing, and monitoring aquatic plant problems in public waters of South Carolina. The program will coordinate the receipt and distribution of available federal, state, and local funds for aquatic plant management activities and research in public waters.
The Department of Natural Resources (department) is designated as the state agency to administer the Aquatic Plant Management Program and to apply for and receive grants and loans from the federal government or such other public and private sources as may be available for the Aquatic Plant Management Program and to coordinate the expenditure of such funds.
HISTORY: 1990 Act No. 498, Section 1; 1993 Act No. 181, Section 1247.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 6 - Aquatic Plant Management › Section 49-6-20. Aquatic Plant Management Trust Fund.

There is created the South Carolina Aquatic Plant Management Trust Fund which must be kept separate from other funds of the State. The fund must be administered by the department for the purpose of receiving and expending funds for the prevention, management, and research of aquatic plant problems in public waters of South Carolina. Unexpended balances, including interest derived from the fund, must be carried forward each year and used for the purposes specified above.
The fund is eligible to receive appropriations of state general funds, federal funds, local government funds, and funds from private entities including donations, grants, loans, gifts, bond issues, receipts, securities, and other monetary instruments of value. All reimbursements for monies expended from this fund must be deposited in this fund.
HISTORY: 1990 Act No. 498, Section 1; 1993 Act No. 181, Section 1247; 2005 Act No. 164, Section 25.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 6 - Aquatic Plant Management › Section 49-6-30. Aquatic Plant Management Council; membership; duties.

There is hereby established the South Carolina Aquatic Plant Management Council, hereinafter referred to as the council, which shall be composed of ten members as follows:
1. The council shall include one representative from each of the following agencies, to be appointed by the chief executive officer of each agency:
(a) Water Resources Division of the Department of Natural Resources;
(b) South Carolina Department of Health and Environmental Control;
(c) Wildlife and Freshwater Fish Division of the Department of Natural Resources;
(d) South Carolina Department of Agriculture;
(e) Coastal Division of the Department of Health and Environmental Control;
(f) South Carolina Public Service Authority;
(g) Land Resources and Conservation Districts Division of the Department of Natural Resources;
(h) South Carolina Department of Parks, Recreation and Tourism;
(i) Clemson University, Department of Fertilizer and Pesticide Control.
2. The council shall include one representative from the Governor's Office, to be appointed by the Governor.
3. The representative of the Water Resources Division of the Department of Natural Resources shall serve as chairman of the council and shall be a voting member of the council.
The council shall provide interagency coordination and serve as the principal advisory body to the department on all aspects of aquatic plant management and research. The council shall establish management policies, approve all management plans, and advise the department on research priorities.
HISTORY: 1990 Act No. 498, Section 1; 1993 Act No. 181, Section 1247.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 6 - Aquatic Plant Management › Section 49-6-40. Aquatic Plant Management Plan.

The department, with advice and assistance from the council, shall develop an Aquatic Plant Management Plan for the State of South Carolina. The plan shall describe the procedures for problem site identification and analysis, selection of control methods, operational program development, and implementation of operational strategies. The plan shall also identify problem areas, prescribe management practices, and set management priorities. The plan shall be updated and amended at appropriate intervals as necessary; provided, however, problem site identification and allocation of funding shall be conducted annually. In addition, the department shall establish procedures for public input into the plan and its amendments and priorities. The public review procedures shall be an integral part of the plan development process. When deemed appropriate, the department may seek the advice and counsel of persons and organizations from the private, public, or academic sectors.
The council shall review and approve all plans and amendments. Approval shall consist of a two-thirds vote of the members present. The department shall have final approval authority over those sections which do not receive two-thirds approval of the council.
HISTORY: 1990 Act No. 498, Section 1; 1993 Act No. 181, Section 1247.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-10. Bushy Park Authority created; functions generally; "Project" defined.

There is hereby created a body corporate and politic to be known as the Bushy Park Authority, hereinafter sometimes referred to as the "Authority." It shall be the function of the Authority to cause the construction of the necessary reservoir or reservoirs to impound the fresh water flowing down the Cooper River, and to distribute such water, in the manner provided in this chapter, for industrial and domestic use within its service area. Such reservoir or reservoirs, their intakes, their impounding dams or dikes, the canals, conduits, aqueducts and tunnels connecting them with the Cooper River, all distribution facilities, including mains, conduits, and lines, all land, all rights of way, all easements, and all machinery, apparatus and equipment, acquired by the Authority for the construction, operation or maintenance of the project, whose undertaking is hereby authorized, shall be collectively referred to in this chapter as the "Project."
HISTORY: 1962 Code Section 70-391; 1953 (48) 464; 1954 (48) 1821; 1955 (49) 61; 1956 (49) 2108.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-20. Members of Authority; appointment, qualifications, terms, vacancies.

The Authority shall be composed of eight members, as follows:
(1) The mayor of the city of Charleston, ex officio, shall serve as a member of the Authority, and shall hold office for a term corresponding with his term of office as mayor of the city of Charleston;
(2) The mayor of the city of Charleston shall designate a member of the commissioners of public works of the city of Charleston, to hold office as a member of the Authority, and who shall serve ex officio, and shall hold office for a term corresponding to his term as a member of the commissioners of public works of the city of Charleston;
(3) The supervisor of Berkeley County, ex officio, shall serve as a member of the Authority and shall hold office for a term corresponding with his term of office as supervisor of Berkeley County;
(4) The chairman of the Berkeley County Waterworks Commission (created by Act No. 823 of 1952, 1952 (47) 2030), ex officio, shall serve as a member of the Authority and shall hold office for a term corresponding with his term as chairman of the Berkeley County Waterworks Commission; and
(5) The remaining four members of the Authority shall be appointed by the Governor in the manner provided for below, each for a term of four years from the date of his appointment and until his successor shall have been appointed and shall have qualified. Of the four members of the Authority to be appointed by the Governor, two shall be resident electors of Charleston County, appointed upon the recommendation of the Senator from Charleston County, and the other two shall be resident electors of Berkeley County, appointed upon the recommendation of the Senator from Berkeley County.
Should vacancies in office occur, the successors shall hold office for the remainder of the unexpired terms, and successors for such partial terms shall take office, or be appointed to office, in the same manner as the members whom they succeed, originally acquired the full terms.
In making the ex officio designations set forth in this section, the General Assembly finds that the successful operation of the Project has a distinct relation to the welfare of the city of Charleston and to the county of Berkeley. It has, therefore, determined that officers of the city of Charleston and of the county of Berkeley should participate in the operation of the Authority.
HISTORY: 1962 Code Section 70-392; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-30. Members of Authority; per diem and mileage.

The members of the Authority shall receive such per diem and mileage as is provided by law for members of boards, commissions and committees.
HISTORY: 1962 Code Section 70-393; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-40. Officers of Authority.

The Authority shall convene at a place to be designated by the mayor of Charleston, in his capacity as a member of the Authority, and shall organize by electing one of their number as chairman, a second as vice-chairman, a third as secretary, and a fourth as treasurer. The terms of office of the foregoing officers of the Authority shall be for such period as the Authority shall determine in its bylaws.
HISTORY: 1962 Code Section 70-394; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-50. Secretary shall file certificates with clerks of court.

The secretary of the Authority shall from time to time file in the offices of the clerks of court for Charleston and Berkeley Counties appropriate certificates, showing the personnel of the Authority and the duration of the terms of the respective members.
HISTORY: 1962 Code Section 70-395; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-60. Sale of water in Charleston County regulated; sale of water other than in Berkeley and Charleston Counties prohibited.

To the end that the Authority shall not unduly compete with the existing publicly operated water system of the city of Charleston, operated by the commissioners of public works of the city of Charleston, and furnishing water in the city of Charleston and in a considerable portion of Charleston County and in a small part of Berkeley County, the Authority shall not sell water to be used by persons or private corporations in Charleston County, for either industrial or domestic use, without the consent of the commissioners of public works of the city of Charleston, nor shall it sell water elsewhere than in Berkeley or Charleston Counties, such counties being hereby expressly declared to be the service area of the Authority.
HISTORY: 1962 Code Section 70-396; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-80. Sale of electricity or electric power prohibited.

To the end that the Authority shall not compete with the Santee Cooper Project of the South Carolina Public Service Authority, or private electric utilities, it shall not be permitted to sell or distribute electricity or electric power for any purpose whatsoever.
HISTORY: 1962 Code Section 70-398; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-90. Chapter does not affect Santee Cooper Project.

Nothing in this chapter contained shall in anywise affect the operation of the Santee Cooper Project by the South Carolina Public Service Authority.
HISTORY: 1962 Code Section 70-399; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-100. Rates not subject to state supervision or regulation.

The rates charged for services furnished by the Project, as constructed, improved, enlarged and extended, shall not be subject to supervision or regulation by any State bureau, board, commission or like instrumentality or agency thereof.
HISTORY: 1962 Code Section 70-400; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-110. Property exempt from taxes.

All property of the Authority located in Berkeley County shall be exempt from all ad valorem taxes levied by the State, county or any municipality, division, subdivision or agency thereof, direct or indirect.
HISTORY: 1962 Code Section 70-401; 1953 (48) 464; 1969 (56) 859.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-120. Fiscal year; audits; annual reports.

The Authority shall conduct its affairs on the fiscal year basis employed by the State, viz., its fiscal year shall begin on July first of each year and shall end on June thirtieth of the succeeding year. As shortly after the close of its fiscal year as may be practicable, an audit of its affairs shall be made by certified public accountants of good standing, to be designated by the Authority. Copies of such audits, incorporated into an annual report of the Authority, shall be filed with the treasurer of Berkeley County, the clerk of the city council of Charleston, in the offices of the clerks of court for Berkeley and Charleston Counties, and with the Secretary of State.
HISTORY: 1962 Code Section 70-402; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-130. Unlawful acts; penalties.

It shall be unlawful for any person to wilfully injure or destroy, or in any manner hurt, damage, tamper with, or impair the Project of the Authority, or any part of the same, or any machinery, apparatus or equipment of the Authority, or to pollute the water in any part of its Project, or to obtain water therefrom except in accordance with the regulations promulgated by the Authority. Any person so offending shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than ten dollars nor more than one hundred dollars, or shall be imprisoned for not more than thirty days at the discretion of the court, and shall be further liable to pay all damages suffered by the Authority.
HISTORY: 1962 Code Section 70-403; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-140. Disposition of revenues.

All net revenues derived from the Project, whose disposition the Authority shall not have covenanted to otherwise dispose of, or which it shall not need for repairs, improvements, additions or extensions, shall be disposed of as follows:
(1) Fifty per cent shall be paid to the treasurer of Berkeley County and applied by him to corporate purposes of Berkeley County; and
(2) Fifty per cent shall be paid to the treasurer of the city of Charleston and applied by him to corporate purposes of the city of Charleston.
HISTORY: 1962 Code Section 70-404; 1953 (48) 464.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 7 - Bushy Park Authority › Section 49-7-150. Contracts with municipalities, public bodies and public agencies operating water district systems.

All municipalities, public bodies and public agencies operating water district systems, in either Berkeley or Charleston County, shall be fully empowered to enter into contracts to buy water from the Authority. Such contracts shall extend over such period of time and shall contain such terms and conditions as shall be mutually agreeable to the Authority and to the contracting municipality, public body or public agency.
HISTORY: 1962 Code Section 70-405; 1953 (48) 464.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.