reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1820. FDA approved clinical trials to treat patients who have certain forms of epilepsy with cannabidiol; principal investigators; subinvestigators.

(A) A statewide investigational new drug application may be established in this State, if approved by the United States Food and Drug Administration to conduct expanded access clinical trials using cannabidiol on qualifying patients with severe forms of epilepsy.
(B) Any physician who is board certified and practicing in an academic medical center in this State and treating patients with severe forms of epilepsy may serve as the principal investigator for such clinical trials if such physician:
(1) applies to and is approved by the United States Food and Drug Administration as the principal investigator in a statewide investigational new drug application; and
(2) receives a license from the United States Drug Enforcement Administration.
(C) Such physician, acting as principal investigator, may include subinvestigators who are also board certified and who practice in an academic medical center in this State and treat patients with severe forms of epilepsy. Such subinvestigators shall comply with subsection (B)(2) of this section.
(D) The principal investigator and all subinvestigators shall adhere to the rules and regulations established by the relevant institutional review board for each participating academic medical center and by the United States Food and Drug Administration, the United States Drug Enforcement Administration, and the National Institute on Drug Abuse.
(E) Nothing in this article prohibits a physician licensed in South Carolina from applying for Investigational New Drug authorization from the United States Food and Drug Administration.
HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1830. Cannabidiol for use in clinical trials.

(A) Expanded access clinical trials conducted pursuant to a statewide investigational new drug application established pursuant to this chapter only shall utilize cannabidiol which is:
(1) from an approved source; and
(2) approved by the United States Food and Drug Administration to be used for treatment of a condition specified in an investigational new drug application.
(B) The principal investigator and any subinvestigator may receive cannabidiol directly from an approved source or authorized distributor for an approved source for use in the expanded access clinical trials.
HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1840. Immunity.

(A) A person acting in compliance with the provisions of this article must not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the use, prescription, administration, possession, manufacture, or distribution of medical cannabis.
(B) The State must defend a state employee against a federal claim or suit that arises or by virtue of their good faith performance of official duties pursuant to this article.
HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1910. Definitions.

As used in this article:
(1) "Controlled substance" has the same meaning as provided in Section 44-53-110.
(2) "Drug or alcohol-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, alcohol, or another substance with which a controlled substance or alcohol was combined, that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.
(3) "Seeks medical assistance" means seeking medical assistance by contacting the 911 system, a law enforcement officer, or emergency services personnel.
HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1920. Limited immunity for a person who seeks medical assistance for another.

(A) A person who seeks medical assistance for another person who appears to be experiencing a drug or alcohol-related overdose may not be prosecuted for any of the offenses listed in subsection (B), if the evidence for prosecution was obtained as a result of the person seeking medical assistance for the apparent overdose on the premises or immediately after seeking medical assistance and the person:
(1) acted in good faith when seeking medical assistance, upon a reasonable belief that he was the first person to call for assistance;
(2) provided his own name to the 911 system or to a law enforcement officer upon arrival; and
(3) did not seek medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.
(B) A person who seeks medical assistance for another person in accordance with the requirements of subsection (A) may not be prosecuted for:
(1) dispensing or delivering a controlled substance in violation of Section 44-53-370(a), when the controlled substance is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;
(2) possessing a controlled substance in violation of Section 44-53-370(c);
(3) possessing less than one gram of methamphetamine or cocaine base in violation of Section 44-53-375(A);
(4) dispensing or delivering methamphetamine or cocaine base in violation of Section 44-53-375(B), when the methamphetamine or cocaine base is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;
(5) possessing paraphernalia in violation of Section 44-53-391;
(6) selling or delivering paraphernalia in violation of Section 44-53-391, when the sale or delivery is to the person who appears to be experiencing a drug-related overdose;
(7) purchasing, attempting to purchase, consuming, or knowingly possessing alcoholic beverages in violation of Section 63-19-2440;
(8) transferring or giving to a person under the age of twenty-one years for consumption beer or wine in violation of Section 61-4-90; or
(9) contributing to the delinquency of a minor in violation of Section 16-17-490.
(C) If the person seeking medical assistance pursuant to this section previously has sought medical assistance for another person pursuant to this article, the court may consider the circumstances of the prior incidents and the related offenses to determine whether to grant the person immunity from prosecution.
(D) A person described in this section must use his or her own name when contacting authorities, fully cooperate with law enforcement and medical personnel, and must remain with the individual needing medical assistance until help arrives.
HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1930. Limited immunity for overdose victim.

(A) A person who experiences a drug or alcohol-related overdose and is in need of medical assistance may not be prosecuted for any of the offenses listed in Section 44-53-1920 if the evidence for prosecution was obtained as a result of the drug or alcohol-related overdose and need for medical assistance.
(B) A person described in Section 44-53-1920 must use his or her own name when contacting authorities, and fully cooperate with law enforcement and medical personnel.
HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1940. Decision to seek medical assistance a mitigating factor.

The court may consider a person's decision to seek medical assistance pursuant to Section 44-53-1920(A) or 44-53-1930 as a mitigating factor in a criminal prosecution or sentencing for a drug or alcohol-related offense that is not an offense listed in Section 44-53-1920(B).
HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1950. Limitation of immunity to allow prosecution for other crimes arising out of the drug or alcohol-related overdose.

This article does not prohibit a person from being arrested, charged, or prosecuted, or from having his supervision status modified or revoked, based on an offense other than an offense listed in Section 44-53-1920(B), whether or not the offense arises from the same circumstances for which the person sought medical assistance.
HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1960. Construction of article.

Nothing in this article may be construed to:
(1) limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of Section 44-53-1920(A) or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to Section 44-53-1920(A) or Section 44-53-1930;
(2) limit any seizure of evidence or contraband otherwise permitted by law; or
(3) limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effect an arrest for any offense, except as provided in Section 44-53-1920(A) or Section 44-53-1930.
HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
Code Commissioner's Note
At the direction of the Code Commissioner, in the introductory paragraph, "article" was substituted for "section" to correct a scrivener's error.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1970. Civil and criminal immunity for law enforcement officers.

A law enforcement officer who arrests a person for an offense listed in Section 44-53-1920(B) is not subject to criminal prosecution, or civil liability, for false arrest or false imprisonment if the officer made the arrest based on probable cause.
HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-20. Purpose.

The purpose of this chapter is to provide a civil remedy for damages to persons in a community injured by an individual's use of illegal Controlled I substances. It establishes a cause of action against drug dealers for damages for monetary, noneconomic, and physical losses incurred as a result of an individual's use of an illegal controlled substance. This chapter will shift the cost of the damage caused by the marketing of illegal drugs to those who illegally profit from that market, as well as deter others from entering the illegal drug market by subjecting them to substantial monetary loss. This chapter will also provide an incentive for individual users to identify illegal drug marketers and recover from them the costs of their own drug treatment.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-50. Actions by individual users; damages recoverable.

(A) An individual user is entitled to bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met:
(1) not less than six months before filing the action, the individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding the individual's sources of illegal controlled substances;
(2) the individual has not used an illegal controlled substance within thirty days before filing the action; and
(3) the individual does not use an illegal controlled substance during the pendency of the action.
(B) The individual user entitled to bring an action under this section may recover only the following damages:
(1) economic damages including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's use of an illegal controlled substance;
(2) reasonable attorney fees; and
(3) costs of suit including, but not limited to, reasonable expenses for expert testimony.
(C) The individual user entitled to bring an action under this section may seek damages only from a person who distributed or possessed with the intent to distribute the illegal controlled substance actually used by the individual user.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-60. Assignment of cause of action.

A cause of action authorized by this chapter shall not be assigned, either expressly, by subrogation, or by any other means, directly or indirectly, to any public or publicly funded agency or institution.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-70. Responsibility for damages; level of offense.

Any person whose participation in the marketing of illegal controlled substances constitutes any of the following levels of offense shall be subject to a rebuttable presumption of responsibility in the following amounts:
(1) for a level one offense, twenty-five percent of the damages;
(2) for a level two offense, fifty percent of the damages;
(3) for a level three offense, seventy-five percent of the damages; or
(4) for a level four offense, one hundred percent of the damages.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-80. Multiple parties to action; relief according to respective liabilities.

(A) Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one market for illegal controlled dangerous substances in common and if any portion of the period of use of an illegal controlled dangerous substance is concurrent with the period of use of an illegal controlled dangerous substance for every other plaintiff.
(B) Two or more persons may be joined in one action under this chapter as defendants, if those persons are liable to at least one plaintiff.
(C) A plaintiff need not participate in obtaining and a defendant need not participate in defending against all of the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-90. Joinder of claims and persons; recovery against person joined.

A person subject to liability under this chapter has a right of action for joinder of claims under South Carolina Rules of Civil Procedure, Rule 18, or for joinder of persons needed for just adjudication under South Carolina Rules of Civil Procedure, Rule 19, against another person subject to liability under this chapter. Joinder of persons may be enforced either in the original action or by a separate action brought for that purpose. A person may seek recovery in accordance with this chapter and as otherwise provided by law against a person against whom a defendant has asserted a joinder action.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-100. Standard of proof; effect of conviction for distribution of controlled substance.

(A) Proof of liability in an action brought pursuant to this chapter shall be by a preponderance of the evidence.
(B)(1) A person against whom recovery is sought who has been convicted of the distribution of an illegal controlled dangerous substance under state law or under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. Section 801, et seq., is precluded from denying participation in the marketing of an illegal controlled dangerous substance. Except as provided in paragraph (2) of this subsection, the provisions of this subsection shall not affect a person's burden of proving the elements required by the South Carolina Rules of Civil Procedure and applicable precedent setting case law.
(2) A conviction specified in paragraph (1) of this subsection shall also be prima facie evidence of the defendant's participation in the marketing of an illegal controlled substance used by the individual user, where the conviction was based upon the person's marketing of that same type of illegal controlled substance.
(C) The absence of a criminal conviction of a person pursuant to paragraph B(1) of this section against whom recovery is sought does not bar an action against that person in an action pursuant to any applicable rules of the South Carolina Rules of Civil Procedure.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-110. Defenses; liability of law enforcement officer or agency.

(A) It is a defense to any action brought pursuant to this chapter that the person who possessed with the intent to distribute or distributed an illegal controlled substance did so under the authority of law as a licensed physician or practitioner, as an ultimate user of the illegal controlled substance pursuant to a lawful prescription, or as a person otherwise authorized by law.
(B) A law enforcement officer or agency, the State, or any person acting at the direction of a law enforcement officer or agency of the State is not liable for participating in the marketing of an illegal controlled substance, if the participation is in furtherance of an official investigation.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-120. Seizure of property; injunctions.

A person authorized to file an action under this chapter may seek a seizure or injunction or other remedial action pursuant to the provisions of the South Carolina Rules of Civil Procedure, Rules 64 and 65, respectively, against all assets of a defendant sufficient to satisfy a potential award, except an asset named in or seized pursuant to a forfeiture action by the State or federal agency before a plaintiff commences an action pursuant to this chapter, unless the asset is released by the agency that seized it.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-130. Prescription of cause of action

(A) Except as otherwise provided in this subsection, a cause of action prescribes in one year after a defendant furnishes the illegal controlled substance or a cause of action accrues under this chapter when a person who may recover has reason to know of the harm from the use of an illegal controlled substance that is the basis for the cause of action and has reason to know that the use of an illegal controlled substance is the cause of the harm.
(B) Prescription against a defendant is suspended until one year after the individual potential defendant is convicted of a criminal offense involving an illegal controlled substance or as otherwise provided by law.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 54 - Drug Dealer Liability Act › Section 44-54-140. Continuance pending completion of criminal investigation.

On motion by a governmental entity involved in an investigation or prosecution involving an illegal controlled substance, an action brought under this chapter shall be continued until the completion of the criminal investigation or prosecution that gave rise to the motion for a continuance of the action.
HISTORY: 1999 Act No. 62, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-10. Citation of article.

This article may be cited as the State Safe Drinking Water Act.
HISTORY: 1962 Code Section 32-1201; 1968 (55) 2436; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-30. Design and construction of public water system; regulations, procedures, or standards to be established by board.

In general, the design and construction of any public water system must be in accord with modern engineering practices for these installations. The board shall establish regulations, procedures, or standards as may be necessary to protect the health of the public and to ensure proper operation and function of public water systems. These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water systems, and other appropriate regulations.
HISTORY: 1962 Code Section 32-1203; 1968 (55) 2436; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-45. Advisory Committee to Board; membership; appointment; qualifications; terms.

An advisory committee to the board must be appointed for the purpose of advising the board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board. The Advisory Committee is composed of eight members appointed by the board. Five members must be active well drillers; one member must be a registered professional engineer with experience in well design and construction; one member must be a consulting hydrogeologist with experience in well design and construction; and one member must be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom must be an employee of the Department of Health and Environmental Control, and appointed by the commissioner; and two of whom must be employees of the South Carolina Department of Natural Resources and appointed by the director.
The term of office of members of the Advisory Committee is for four years and until their successors are appointed and qualify. No member may serve more than two consecutive terms. The initial terms of office must be staggered and any member may be removed for cause after proper notification and an opportunity to be heard.
HISTORY: 1982 Act No. 459, Section 7; 1993 Act No. 181, Section 1129; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-50. Recreational activities in reservoirs.

(A) In establishing regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the board or department must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and swimming in any reservoir without first making and publishing specific findings that these recreational activities would be injurious to the public health and assigning with particularity the factual basis and reasons for these decisions.
(B) If the board or department determines that these recreational activities would be injurious to the public health it shall cause to have published at least once a week for six consecutive weeks in a newspaper of general circulation in the county or area affected a summary of its findings. Any citizen of this State who objects to the findings of the board or department is entitled to request a public hearing, which the board or department shall conduct within thirty days after the request. The public hearing must be a formal evidentiary hearing where testimony must be recorded. After the hearing the board or department shall review its initial findings and shall within thirty days after the hearing affirm or reevaluate its findings in writing and give notice to known interested parties. The findings of the board or department may be appealed to the circuit court, which is empowered to modify or overrule the findings if the court determines the findings to be arbitrary or unsupported by the evidence. Notice of intention to appeal must be served on the board or department within fifteen days after it has affirmed or reevaluated its initial findings and copies also must be served on known interested parties.
(C) A public water system utilizing a fully owned and protected watershed as its water supply is exempt from this section.
HISTORY: 1962 Code Section 32-1204A; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-60. Commissioner to issue emergency order where imminent hazard to public health considered to exist.

(A) An imminent hazard is considered to exist when in the judgment of the commissioner there is a condition which may result in a serious immediate risk to public health in a public water system.
(B) In order to eliminate an imminent hazard, the commissioner may, without notice or hearing, issue an emergency order requiring the water system to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order must be served by certified mail or other appropriate means. An emergency order issued by the commissioner must be effected immediately and binding until the order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction.
HISTORY: 1962 Code Section 32-1205; 1968 (55) 2436; 1976 Act No. 658; 1982 Act No. 459, Section 10; 1993 Act No. 181, Section 1130; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-70. Public notice of condition of violation in public water system.

A public water system shall, as soon as practicable, give public notice if it:
(1) is not in compliance with the State Primary Drinking Water Regulations;
(2) fails to perform required monitoring;
(3) is granted a variance for an inability to meet a maximum contaminant level requirement;
(4) is granted an exemption; or
(5) fails to comply with the requirements prescribed by a variance or exemption.
The board shall prescribe procedures for the public notice, including procedures for notification by publication in a newspaper of general circulation, notification to be given in the water bills of the systems, as long as a condition of violation exists, and other notification as is considered appropriate by the board.
HISTORY: 1962 Code Section 32-1206; 1952 Code Section 32-1205; 1942 Code Section 5049-1; 1932 Code Section 1448; Cr. C. '22 Section 396; Cr. C. '12 Section 404; 1907 (25) 536; 1931 (37) 254; 1933 (38) 87; 1968 (55) 2436; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-80. Unlawful acts.

(A) It is unlawful for a person to fail to comply with:
(1) the provisions of this article or the regulations promulgated pursuant to this article;
(2) the conditions of any permit issued under this article; or
(3) any order of the department.
(B) It is unlawful for a person to render a public water system, or part or portion of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of the system or to misrepresent any fact related to the operation of a public water system.
HISTORY: 1962 Code Section 32-1207; 1976 Act No. 658; 1982 Act No. 459, Sections 8, 10; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-90. Penalties; injunctive relief.

(A) Any person wilfully violating the provisions of Section 44-55-80 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars a day per violation or imprisoned for not more than one year, or both.
(B)(1) A violation of Section 44-55-80 by a person renders the violator liable to the State for a civil penalty of not more than five thousand dollars a day per violation.
(2) The department may administer penalties as otherwise provided for violations of this article, including any order, permit, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure this penalty.
(C) The department may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this article or any order issued pursuant to Sections 44-55-40, 44-55-60, and 44-55-70.
HISTORY: 1962 Code Section 32-1208; 1976 Act No. 658; 1981 Act No. 157, Section 7; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-100. Authority granted department to carry out article.

To carry out the provisions and purposes of this article, the department may:
(1) enter into agreements, contracts, or cooperative arrangements, under the terms and conditions as it considers appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;
(2) receive financial and technical assistance from the federal government and other public or private agencies;
(3) participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data, and information which may be required by the federal Safe Drinking Water Act;
(4) establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary.
HISTORY: 1962 Code Section 32-1209; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-210. "Privy" and "watershed" defined.

The term "privy" as used in this article shall be understood to include any and all buildings which are not connected with a system of sewage or with septic tanks of such construction and maintenance as are approved by the State Department of Health and Environmental Control and which are used for affording privacy in acts of urination or defecation. For the purpose of this article the term "watershed" shall include the entire watershed of all streams, creeks and rivers that have a daily average flow of less than ten million gallons, but for watersheds of streams, creeks or rivers that have a daily average flow of more than ten million gallons, the watershed shall include only such drainage areas as lie within fifteen miles of the waterworks intake.
HISTORY: 1962 Code Section 32-1221; 1952 Code Section 32-1221; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-220. Article applicable to all privies on watersheds of water supplies.

The provisions of this article shall apply to all residences, institutions and establishments and all privies, without regard to their distance from the homes of persons, which are located on the watershed of a public surface water supply.
HISTORY: 1962 Code Section 32-1222; 1952 Code Section 32-1222; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-230. Privies must be maintained in sanitary manner.

Every privy, located on property occupied by the owner or a tenant or by any person employed by the owner, shall be maintained in a sanitary manner and in accordance with rules and regulations prescribed by the Department of Health and Environmental Control and posted in a suitable form inside of the privy by an officer of the Department.
HISTORY: 1962 Code Section 32-1224; 1952 Code Section 32-1224; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1972 (57) 2768.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-240. Persons responsible for condition of privies.

The person in charge of a dwelling, office building, establishment or institution shall be responsible for the sanitary maintenance of any privy which is used by his household, guests, customers, pupils, passengers, occupants, employees, workers or other persons.
HISTORY: 1962 Code Section 32-1225; 1952 Code Section 32-1225; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1972 (57) 2768.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-250. Supervision over privies by Department of Health and Environmental Control.

The Department of Health and Environmental Control, through its officers and inspectors, shall exercise such supervision over the sanitary construction and maintenance of privies as may be necessary to enforce the provisions of this article.
HISTORY: 1962 Code Section 32-1226; 1952 Code Section 32-1226; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-260. Entry onto premises for inspection; interference with inspector.

Duly authorized agents of the Department of Health and Environmental Control may enter upon any premises and into any buildings or institutions for the purposes of inspection as provided for or required by State laws or regulations of the Department pursuant to such laws, but the privacy of no person shall be violated. Any person who wilfully interferes with or obstructs the officers of the Department in the discharge of any of their duties under this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.
HISTORY: 1962 Code Section 32-1227; 1952 Code Section 32-1227; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1972 (57) 2825.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-270. Closing illegal privies.

If an officer or an inspector of the Department of Health and Environmental Control shall find a privy which is not constructed in accordance with the provisions of this article or not being maintained in a sanitary manner and in accordance with the rules and regulations of the Department he shall securely fasten on the privy a notice reading, "Unsanitary, Unlawful To Use."
HISTORY: 1962 Code Section 32-1228; 1952 Code Section 32-1228; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1972 (57) 3042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-275. Exceptions to provisions regarding destruction of privies.

On the effective date of this section any provision of law or regulation relating to outdoor toilet facilities or privies which would require the destruction or discontinued use of such facilities shall not apply to facilities at campgrounds or parks used exclusively for religious purposes.
HISTORY: 1978 Act No. 561.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-280. Removal or defacing of notice prohibited.

No person shall remove or deface an official notice fastened on or in a privy by an officer of the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 32-1229; 1952 Code Section 32-1229; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-290. Enforcement by local health inspectors or units.

The Department of Health and Environmental Control shall designate as its agents local health inspectors of incorporated towns or cities for the enforcement of the terms of this article and the rules and regulations issued pursuant thereto within one mile outside the corporate limits of such town or city. Such local health inspectors shall enforce such rules and regulations as may be issued by the Department under the terms of this article. In counties having health units it shall be the duty of such health units to enforce the rules and regulations of the Department in the territory of such counties lying beyond the distance of one mile from the corporate limits of towns or cities having local health inspectors. Provided, that nothing herein shall affect the Richland County board of health from having concurrent jurisdiction with the designated local health inspectors to implement the rules and regulations within one mile of the boundary of a city or town.
HISTORY: 1962 Code Section 32-1230; 1952 Code Section 32-1230; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1968 (55) 2684.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-300. Penalties.

Any person who violates any of the provisions of this article, other than Section 44-55-260, and any person who is responsible for the sanitary maintenance of a privy and who permits such privy, after an official notice reading, "Unsanitary, Unlawful To Use," has been fastened on it, to be used shall be guilty of a misdemeanor and fined not less than five dollars nor more than fifty dollars or imprisoned not exceeding thirty days.
HISTORY: 1962 Code Section 32-1231; 1952 Code Section 32-1231; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-410. Required sewage closets.

In order to protect the public health, all persons engaged in manufacturing in this State and furnishing, by renting and otherwise, directly or indirectly, houses to their employees shall furnish to their employees occupying such houses sewage closets with necessary sewage connections for them.
HISTORY: 1962 Code Section 32-1241; 1952 Code Section 32-1241; 1950 (46) 2327.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-420. Supervision over construction and maintenance.

The construction of the sewage connections and the sanitary closets and the method of keeping such connections and closets in sanitary condition shall be under the supervision and control of the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 32-1242; 1952 Code Section 32-1242; 1950 (46) 2327.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-430. Adoption of rules and regulations.

The Department of Health and Environmental Control may make rules and regulations necessary for the enforcement of the provisions of this article.
HISTORY: 1962 Code Section 32-1243; 1952 Code Section 32-1243; 1950 (46) 2327.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-440. Effect of compliance with former law.

In case a person subject to the provisions of this article shall have installed, prior to June 3, 1951, in his tenement or mill village an adequate sewage system with adequate water closets in compliance with the law as it then existed on the subject, such person shall be exempt from the provisions hereof, except the requirement of maintenance in compliance with the rules and regulations of the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 32-1244; 1952 Code Section 32-1244; 1950 (46) 2327.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-450. Exemptions.

This article shall not apply to sawmills, manufacturing enterprises operating on a temporary basis or manufacturing firms operating under an order of court or in receivership.
HISTORY: 1962 Code Section 32-1245; 1952 Code Section 32-1245; 1950 (46) 2327.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-460. Penalties.

Any person refusing or neglecting to carry into effect the provisions of this article, to obey the rules and regulations as established by the Department of Health and Environmental Control or to obey any order issued by said Department relative to the provisions of this article shall, upon conviction, be fined in a sum not exceeding one hundred dollars or not less than twenty-five dollars, and each day of such violation shall constitute a separate offense.
HISTORY: 1962 Code Section 32-1246; 1952 Code Section 32-1246; 1950 (46) 2327.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-610. Application of article and local specifications, rules and regulations.

In each county in this State containing a city having a population of more than seventy thousand according to the official United States census, the construction, installation and use of septic tanks shall be regulated by the provisions of this article and specifications and rules and regulations adopted by the county board of health and shall be approved by the county board of health, whose certificate of approval shall be accepted by all agencies and the courts of this State as evidence of such approval and of installation in compliance with the provisions of this article and of such specifications, rules and regulations.
HISTORY: 1962 Code Section 32-1261; 1952 Code Section 32-1261; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-620. Specifications, rules and regulations for septic tanks and their installation.

The county board of health of any such county may promulgate specifications, rules and regulations governing septic tanks and their installation which shall accord with approved engineering standards in general and shall contain the following standards and requirements in particular:
(1) No septic tank shall be installed which has a net liquid capacity of less than five hundred gallons;
(2) The length of each tank shall be at least two but not more than three times the width;
(3) The uniform liquid depth of each tank shall be not less than two feet six inches; and
(4) The theoretical detention period of each tank shall be not less than twenty-four hours based upon the average daily flow.
HISTORY: 1962 Code Section 32-1262; 1952 Code Section 32-1262; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-630. Approval of and specifications for tanks with capacity of 1,000 gallons or more.

The plans for each septic tank having a capacity of one thousand gallons or more shall have the approval of the county health officer before the tank is installed. Each such tank shall have a second or effluent compartment not longer than one third the total length of the tank nor shorter than three feet and shall be equipped with a dosing chamber and siphon if a tile field or filter is used for secondary treatment of the tank effluent.
HISTORY: 1962 Code Section 32-1263; 1952 Code Section 32-1263; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-640. Installation of septic tanks.

Each septic tank shall be installed so as to receive the approval of the county board of health through a duly authorized agent.
HISTORY: 1962 Code Section 32-1264; 1952 Code Section 32-1264; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-650. Materials used in construction.

All septic tanks shall be constructed of such materials as shall be required by the rules and regulations and specifications promulgated by the county board of health.
HISTORY: 1962 Code Section 32-1265; 1952 Code Section 32-1265; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-660. Grease traps.

A grease trap shall be installed on the kitchen waste line preceding the septic tank when the tank serves a boardinghouse, cafe, restaurant, hotel or other public eating place. The grease trap shall have a theoretical detention period of at least thirty minutes.
HISTORY: 1962 Code Section 32-1266; 1952 Code Section 32-1266; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-670. Distribution pipe.

All septic tanks shall have a minimum of one hundred feet of distribution pipe laid and installed in the manner required by the specifications, rules and regulations promulgated by the county board of health.
HISTORY: 1962 Code Section 32-1267; 1952 Code Section 32-1267; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-680. Discharge of effluent into stream.

No septic tank effluent shall be discharged into any stream without special approval of the county board of health through a duly authorized agent.
HISTORY: 1962 Code Section 32-1268; 1952 Code Section 32-1268; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-690. Installation of temporary septic tanks.

The county board of health may permit and approve the installation of temporary septic tanks in the case of unusual, temporary or emergency conditions. Such temporary septic tank shall be constructed and installed in accordance with the specifications, rules and regulations promulgated by the county board of health relating to the use of such tanks, and the board may determine the period of time for which such temporary septic tank may be used.
HISTORY: 1962 Code Section 32-1269; 1952 Code Section 32-1269; 1943 (43) 298.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-700. Penalties.

The use, construction or installation of any septic tank in any such county without the prior approval of the county board of health as herein provided for shall be deemed a misdemeanor, punishable by a fine of not less than ten dollars nor more than fifty dollars or imprisonment of not less than five days nor more than twenty days, and each day during which such violation shall continue shall constitute a separate offense.
HISTORY: 1962 Code Section 32-1270; 1952 Code Section 32-1270; 1943 (43) 298.