reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-117 - Access to Restricted Information › Section 61-117.B - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Department"
			 means the Department of Health and Environmental Control.
2. "Governmental functions" means the
			 official activities of a state, federal, or local governmental
			 entity.
3. "Department's
			 Headquarters" means the Department's office at 2600 Bull Street, Columbia,
			 South Carolina.
4. "Requestor"
			 means the individual or entity requesting access to Restricted
			 Information.
5. "Restricted
			 Information" means any information in the possession of the Department that is
			 designated and identified by the Department in the written notification to the
			 Attorney General pursuant to S.C. Code Section
			 30-4-45(B).
6. "Vulnerable zone" means a circle, the
			 center of which is within the boundaries of a facility possessing hazardous,
			 toxic, flammable, radioactive, or infectious materials subject to S.C. Code
			 Section
			 30-4-45
			 and the radius of which is that distance a hazardous, toxic, flammable,
			 radioactive, or infectious cloud, overpressure, radiation, or radiant heat
			 would travel before dissipating to the point it no longer threatens serious
			 short-term harm to people or the environment.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-117 - Access to Restricted Information › Section 61-117.C - Access to Restricted Information to State, Federal, and Local Officials

Current through Register Vol. 48, No. 6, June 28, 2024
1. Restricted
			 Information, if not otherwise exempt from disclosure pursuant to applicable
			 law, may be released to state, federal, and local authorities as required to
			 carry out official governmental functions, as follows:
a. The requestor must appear in person at the
			 Department's Headquarters and must sign a register and show photographic
			 identification issued by a state, federal or local government agency;
			 and
b. The requestor must provide a
			 written statement that: describes the intended use of the Restricted
			 Information being requested; describes the format and medium for access to the
			 requested information; attests that the requested information will be for
			 official use only; and certifies that the requested information will not be
			 released further except as required to carry out official governmental
			 functions and in accordance with Code Section
			 30-4-40(c).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-117 - Access to Restricted Information › Section 61-117.D - Disclosure in Vulnerable Zone

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 Persons living or working within a vulnerable zone will be provided Restricted
			 Information as follows:
a. The requestor must
			 provide written verification of the location and address of his/her home or
			 place of business along with a photographic identification.
b. The Department will determine whether the
			 location lies within the vulnerable zone of any facility for which Department
			 records are requested.
c. If the
			 location for which the Restricted Information is sought does not lie within the
			 vulnerable zone of any facility, the Department will so notify the requestor
			 and will deny the request.
d. If
			 the location lies within the vulnerable zone of any facility or facilities, the
			 requestor will be provided an opportunity to review the Restricted Information
			 that identifies the facility, shows the vulnerable zone on a local area map,
			 and identifies the nature of the event for which the vulnerable zone was
			 determined.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-117 - Access to Restricted Information › Section 61-117.E - Special Requests

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 Restricted Information, if not otherwise exempt from disclosure pursuant to
			 applicable law, may be released in response to a special request, as follows:
a. The requestor must demonstrate to the
			 satisfaction of the Department that the Restricted Information, if released,
			 will be used solely for the purpose of conducting academic or scientific
			 research, advance knowledge about South Carolina's environment, or otherwise be
			 of benefit to the state;
b. The
			 requestor must appear in person at the Department's Headquarters and must sign
			 a register and show photographic identification issued by the agency or
			 organization for which the requestor is conducting research; and
c. The requestor must provide a written
			 statement that: describes the intended use of the Restricted Information being
			 requested; describes the format and medium for access to the requested
			 information; provides that the requested information will be for research
			 purposes only; and certifies that the requested information will not be
			 released further.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-117 - Access to Restricted Information › Section 61-117.F - Requests for Restricted and Unrestricted Information

Current through Register Vol. 48, No. 6, June 28, 2024
1. Upon receipt of a request that seeks both
			 Restricted Information and unrestricted information, the Department will
			 segregate restricted and unrestricted information in response to the
			 request.
2. Those documents
			 containing only unrestricted information will be provided in accordance with
			 normal Department procedures. So much of the request as seeks Restricted
			 Information will be responded to in accordance with Code Section
			 30-4-40(c)
			 and this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-117 - Access to Restricted Information › Section 61-117.G - Customary Charges for Copies

Current through Register Vol. 48, No. 6, June 28, 2024
The Department's customary charges authorized in S.C. Code
				Section
				30-4-30
				for searching and making copies of records are applicable to requests for
				release of Restricted Information covered by this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.200 - RECOGNITION PROCESS › Section 61-118.201 - Eligibility for Recognition

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
				Acute Care Hospital certified or accredited as a stroke center by the Joint
				Commission or other nationally recognized organization that provides
				disease-specific certification or accreditation for stroke care may apply to
				the Department for Recognition.
B.
				In order to maintain Department Recognition, an Acute Care Hospital shall
				maintain certification or accreditation as a stroke center by the Joint
				Commission or from an equivalent process by another nationally recognized
				organization that provides disease-specific certification or accreditation for
				stroke care.
C. Any facility that
				no longer meets nationally recognized, evidence-based standards as a stroke
				center, or no longer possesses disease-specific certification or accreditation
				for stroke care, shall notify the Department within thirty (30) business days
				as required by S.C. Code Section
				44-61-640(D),
				and surrender the Certificate of Recognition to the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.200 - RECOGNITION PROCESS › Section 61-118.202 - Application Process

Current through Register Vol. 48, No. 6, June 28, 2024
A. An Acute
				Care Hospital seeking Recognition shall submit to the Department a completed
				application. The application shall include the applicant's attestation assuring
				that the contents of the application and other requested documents are accurate
				and true. The application shall be authenticated as follows:
1. If the applicant is an individual or a
				partnership, the application shall be signed by the owner(s);
2. If the applicant is a corporation,
				nonprofit organization, or limited liability company, the application shall be
				signed by two (2) of its officers;
3. If the applicant is a governmental unit,
				the application shall be signed by the head of the governmental unit having
				jurisdiction.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.200 - RECOGNITION PROCESS › Section 61-118.203 - Recognition Renewal

Current through Register Vol. 48, No. 6, June 28, 2024
A. Recognition
				shall expire upon expiration of current disease-specific certification or
				accreditation for stroke care by the Joint Commission or other nationally
				recognized organization.
B. To
				maintain Recognition, an Acute Care Hospital shall renew its recognition upon
				renewal of current disease-specific certification or accreditation for stroke
				care as required by the Joint Commission or other nationally recognized
				organization.
C. The application
				process for renewal shall follow the same process outlined in Section
				202.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.200 - RECOGNITION PROCESS › Section 61-118.204 - Recognition Levels

Current through Register Vol. 48, No. 6, June 28, 2024
A. Recognition
				Levels by the Department for Stroke Centers include Acute Stroke Ready Hospital
				("ASRH"), Primary Stroke Center ("PSC"), Thrombectomy-Capable Stroke Center
				("TSC"), and Comprehensive Stroke Center ("CSC").
B. As nationally recognized, disease-specific
				certification or accreditation programs become available at more comprehensive
				and less comprehensive levels, the Department may adopt and recognize those
				hospitals that have achieved the certification or accreditation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.200 - RECOGNITION PROCESS › Section 61-118.205 - Recognition

Current through Register Vol. 48, No. 6, June 28, 2024
A. Recognition is
				based upon Department review and verification of the application and its
				supporting documents, as indicated in Section 202. Failure to meet recognition
				requirements, misrepresentation, and/or false information provided by the
				hospital is grounds for denial.
B.
				Upon approval, the Department will issue a Certificate of Recognition to the
				hospital denoting the Recognition level. The Department will also place the
				name of the hospital and its corresponding Recognition level on the
				Department's website.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.200 - RECOGNITION PROCESS › Section 61-118.206 - Process of Re-recognition

Current through Register Vol. 48, No. 6, June 28, 2024
An Acute Care Hospital seeking Recognition after previously,
				  but no longer, being a Certificate Holder shall follow the Recognition
				  procedures outlined in Section 202.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.300 - ISSUANCE AND TERMS OF THE CERTIFICATE OF RECOGNITION

Current through Register Vol. 48, No. 6, June 28, 2024
A. The issuance of
			 a Certificate of Recognition does not guarantee adequacy of individual care,
			 treatment, procedures, and/or services, personal safety, fire safety, or the
			 well-being of any patient.
B. A
			 Certificate of Recognition is not assignable or transferable.
C. A Certificate of Recognition shall be
			 effective for a specific Stroke Center at a specific physical location. A
			 Certificate of Recognition shall remain in effect until expiration of current
			 disease-specific certification or accreditation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.400 - STATEWIDE SYSTEM OF STROKE CARE

Current through Register Vol. 48, No. 6, June 28, 2024
A. Licensed EMS
			 providers shall establish a stroke assessment and triage system that
			 incorporates the South Carolina Stroke Assessment and Triage tool identified by
			 the Department and located in the SC EMS Protocol "Suspected Stroke."
B. After July 1, 2019, licensed EMS providers
			 shall utilize SC EMS Protocol "Adult Stroke Patient Destination Determination
			 by Stroke Center Capability" for transport of acute Stroke Patients to the
			 closest Stroke Center within a specified timeframe of onset of symptoms unless
			 one (1) or more of the following exceptions apply:
1. It is medically necessary to transport the
			 patient to another hospital;
2. It
			 is unsafe or medically inappropriate to transport the patient directly to a
			 Stroke Center due to adverse weather or ground conditions;
3. Transporting the patient to a Stroke
			 Center would cause a shortage of local EMS resources (defined as no resources
			 available for longer than thirty (30) minutes in a reasonable response area)
			 and air transport is unavailable;
4. No appropriate Stroke Center is able to
			 receive and provide stroke care to the Stroke Patient without undue delay;
			 or
5. Before transport of a patient
			 begins, the patient requests to be taken to a particular hospital that is not a
			 Stroke Center or, if the patient is less than eighteen (18) years of age or is
			 not able to communicate, such request is made by an adult member of the
			 patient's family or a legal representative of the patient.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.500 - LICENSE REQUIREMENTS AND FEES › Section 61-118.501 - Data Submission

Current through Register Vol. 48, No. 6, June 28, 2024
A. All
				Certificate Holders shall participate in the State Stroke Registry Database by:
1. Submitting data identified by the
				Department to the State Stroke Registry Database; and
2. Signing and completing agreements to allow
				the Department to access data submitted to the State Stroke Registry
				Database.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.500 - LICENSE REQUIREMENTS AND FEES › Section 61-118.502 - Inclusion and Exclusion Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
Patient inclusion and exclusion criteria shall be established
				  by the Department under the guidance of the Stroke Advisory Council and
				  maintained in the State Stroke Registry Guidelines.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-118 - South Carolina Stroke Care System › Sec2 61-118.500 - LICENSE REQUIREMENTS AND FEES › Section 61-118.503 - Confidentiality Protection of Data and Reports

Current through Register Vol. 48, No. 6, June 28, 2024
Information that identifies individual patients shall not be
				  disclosed. Reports that do not contain protected health information or any
				  identifiable information may be generated and distributed. Such reports shall
				  not identify any protected information or hospital
				  information.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.A - PURPOSE AND SCOPE › Section 61-119.A.1 - Implementation Provision

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation implements The South Carolina Surface Water
				  Withdrawal, Permitting, Use, and Reporting Act, Section
				  49-4-10 et
				  seq., S.C. Code of Laws, 1976, as amended. It establishes a system and rules
				  for permitting and registering the withdrawal and use of surface water from
				  within the state of South Carolina and those surface waters shared with
				  adjacent states. The permitting, registration, use, and reporting requirements
				  for the regulated surface water withdrawals are outlined in this regulation.
				  This regulation applies to any person withdrawing surface water in excess of
				  three million (3,000,000) gallons during any one (1) month.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.A - PURPOSE AND SCOPE › Section 61-119.A.2 - Right to Withdraw

Current through Register Vol. 48, No. 6, June 28, 2024
A permit issued under this regulation confers upon a
				  permittee a right to withdraw and use surface water pursuant to the terms and
				  conditions of the permit. The permit does not convey a property right to the
				  permittee nor does it relieve the permittee from being required to obtain and
				  comply with any other permits or approvals that may be required under other
				  existing laws. Nothing in this regulation shall be construed to diminish the
				  Department's authority to regulate facilities under any other applicable
				  laws.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.A - PURPOSE AND SCOPE › Section 61-119.A.3 - South Carolina Drought Act Provision

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this regulation limits or precludes any action
				  authorized by the South Carolina Drought Response Act, Section
				  49-23-10
				  et seq., S.C. Code of Laws, 1976, as amended, hereafter referred to as the S.C.
				  Drought Response Act. In the event that an action authorized by the S.C.
				  Drought Response Act conflicts with requirements of this regulation or a
				  permitted use, the action taken pursuant to the S.C. Drought Response Act
				  supersedes any actions taken pursuant to this regulation or the
				  permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Section 61-119.B - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
Definitions as used in this regulation are as follows:
1. 'Administratively complete' means a
			 determination by the Department that all elements of an application, as
			 specified in the applicable regulation and including but not limited to all
			 required signatures and tender of the application fee, where required, have
			 been received.
2. 'Affected area'
			 means that portion of a county or counties within a river basin that, under the
			 circumstances, are determined by the Department to likely be affected by a
			 proposed surface water withdrawal.
3. 'Agricultural use' means:
a. plowing, tilling, or preparing the soil at
			 an agricultural facility;
b.
			 planting, growing, fertilizing, or harvesting crops, ornamental horticulture,
			 floriculture, and turf grasses;
c.
			 application of pesticides, herbicides, or other chemicals, compounds, or
			 substances to crops, weeds, or soil in connection with the production of crops,
			 livestock, animals, or poultry;
d.
			 breeding, hatching, raising, producing, feeding, keeping, slaughtering, or
			 processing livestock, hogs, aquatic animals, equines, chickens, turkeys,
			 poultry, or other fowl normally raised for food, mules, cattle, sheep, goats,
			 rabbits, or similar farm animals for commercial purposes;
e. producing and keeping honeybees, producing
			 honeybee products, and honeybee processing facilities;
f. producing, processing, or packaging eggs
			 or egg products;
g. manufacturing
			 feed for poultry or livestock;
h.
			 rotation of crops;
i. commercial
			 aquaculture;
j. application of
			 existing, changed, or new technology, practices, processes, or procedures to an
			 agricultural use;
k. the operation
			 of a roadside market; and
l.
			 silviculture.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.C - EXEMPTIONS › Section 61-119.C.1 - Exempt Surface Water Withdrawals

Current through Register Vol. 48, No. 6, June 28, 2024
Surface water withdrawals for the following purposes are
				  exempt from the permitting, registering, and reporting requirements provided
				  for in this regulation:
a. withdrawals
				associated with active instream dredging or sand mining operations or other
				nonconsumptive instream mining operations undertaken pursuant to the South
				Carolina Mining Act, Section
				48-20-10
				et seq., S.C. Code of Laws, 1976, as amended;
b. emergency withdrawals;
c. withdrawals from farm ponds that are only
				used for providing water for agricultural purposes:
i. owned or leased by the person making the
				withdrawal; or
ii. situated on two
				or more separately owned parcels of private property if each property owner
				agrees to the withdrawal;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.C - EXEMPTIONS › Section 61-119.C.2 - Hydropower Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Hydropower generation, including pumped storage, is exempt
				  from the permitting requirements of this regulation but not the reporting
				  requirements in Section
				  49-4-50.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.C - EXEMPTIONS › Section 61-119.C.3 - Provision Allowing Permitting of Exempt Withdrawals

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this regulation prohibits an exempt surface water
				  withdrawer from applying for and receiving a surface water withdrawal permit,
				  consistent with applicable provisions of this regulation. Nothing in this
				  regulation prohibits an exempt surface water withdrawer from registering a
				  withdrawal, consistent with applicable provisions of this regulation. An exempt
				  surface water withdrawer that obtains a permit or registers its use is entitled
				  to all of the rights conferred upon by a permit or a registration, as the case
				  may be.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.D - PERMITS FOR EXISTING SURFACE WATER WITHDRAWERS AS OF JANUARY 1, 2011 › Section 61-119.D.1 - Application Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
An existing surface water withdrawer must submit a permit
				  application on a form to be provided by the Department within one hundred and
				  eighty (180) days of the effective date of this regulation. Any existing
				  surface water withdrawer submitting an application more than one hundred and
				  eighty (180) days after the effective date of this regulation will be
				  considered a new surface water withdrawer. At a minimum, the application must
				  contain the following information:
a.
				the name, address, phone number(s), principal place of business of the person
				applying for the permit and, if applicable, the name and address of the agent
				for the applicant;
b. the location
				of each of the applicant's intakes, including:
i. name of source waterbody;
ii. latitude and longitude of
				intake;
iii. a map showing the
				withdrawal point(s) on a 1:24,000 scale USGS quadrangle or
				equivalent;
iv. the county in which
				the intake is located;
v. type of
				source waterbody, such as a stream, lake or estuary;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.D - PERMITS FOR EXISTING SURFACE WATER WITHDRAWERS AS OF JANUARY 1, 2011 › Section 61-119.D.2 - Requests for Additional Flow

Current through Register Vol. 48, No. 6, June 28, 2024
If an applicant requests additional withdrawal quantity over
				  and above the quantity documented in item D.1.d above, pursuant to Section
				  49-4-70
				  B(3), the Department will evaluate the additional quantity using criteria
				  specified in section E. below with the exception of withdrawers to be permitted
				  pursuant to Sections
				  49-4-40
				  and
				  49-4-45
				  which will be subject to only the requirements contained in those sections. For
				  withdrawers with multiple withdrawal points, the application must specify the
				  additional quantity requested at each intake. The additional quantity will be
				  specified on the permit for the specific intake. If additional quantity is
				  approved, the withdrawer will continue to be considered an existing surface
				  water withdrawer and permitted as such under Section
				  49-4-70(B)(1)
				   with subsequent renewals not subject to the
				  permitting criteria in Section
				  49-4-80
				  and not subject to Section
				  49-4-150.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.D - PERMITS FOR EXISTING SURFACE WATER WITHDRAWERS AS OF JANUARY 1, 2011 › Section 61-119.D.3 - Operations and Contingency Plan Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
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 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. For an existing surface water
				  withdrawer, the operational and contingency plan will only address appropriate
				  industry standards for water conservation. If initial permits issued under this
				  section are expanded, contingency plans for existing surface water withdrawers
				  must meet the requirements of section E.4 for the volume permitted over and
				  above that of the initial permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.D - PERMITS FOR EXISTING SURFACE WATER WITHDRAWERS AS OF JANUARY 1, 2011 › Section 61-119.D.4 - Information to be Included in Permit

Current through Register Vol. 48, No. 6, June 28, 2024
Upon receipt of a complete application and specified fee, the
				  Department must issue to an existing water withdrawer a permit based upon the
				  information contained in the application and specifying the following:
a. the location of the permittee's intake
				facility or facilities used or constructed to make withdrawals pursuant to the
				permit;
b. the amount of water that
				may be withdrawn at each intake, based on the appropriate criteria of item
				D.1.d above, if appropriate, as documented by the applicant and approved by the
				Department;
c. the expiration date
				of the permit, including the period in years of the permit (not to exceed fifty
				(50) years) as specified in Section
				49-4-100(B);
d. the amount of water to be discharged back
				into the surface water body and location of the discharge; and
e. the requirement for the applicant to
				submit an operational and contingency plan to address applicable industry
				standards for water conservation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.E - PERMITS FOR NEW OR EXPANDING SURFACE WATER WITHDRAWERS AFTER JANUARY 1, 2011 › Section 61-119.E.1 - Requirement to Obtain Permit to Withdraw

Current through Register Vol. 48, No. 6, June 28, 2024
After the effective date of this regulation, a new surface
				  water withdrawer must apply for and obtain a surface water withdrawal permit
				  pursuant to this regulation before making a surface water withdrawal. A
				  permitted surface water withdrawer that would like to increase its permitted
				  withdrawal amount must apply to the Department for the additional amount and
				  receive a permit modification prior to increasing the withdrawal; however, for
				  a withdrawer seeking to increase its permitted withdrawal amount, only the
				  proposed increase, over and above a prior permitted amount, will be evaluated
				  under the appropriate criteria of this section, section E.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.E - PERMITS FOR NEW OR EXPANDING SURFACE WATER WITHDRAWERS AFTER JANUARY 1, 2011 › Section 61-119.E.2 - Application Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Applications for new permits and modification of existing
				  permits must be made on forms to be provided by the Department. The application
				  must contain the following information:
a. the name, address, phone number(s),
				principal place of business of the person applying for the permit or permit
				modification and, if applicable, the name and address of the agent for the
				applicant;
b. the location of the
				proposed intake(s) or the existing intake(s) to be expanded, including:
i. name of source waterbody;
ii. latitude and longitude of
				intake;
iii. a map showing the
				withdrawal point(s) on a 1:24,000 scale USGS quadrangle or
				equivalent;
iv. the county in which
				the intake is located;
v. type of
				source waterbody, such as stream, lake, or estuary;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.E - PERMITS FOR NEW OR EXPANDING SURFACE WATER WITHDRAWERS AFTER JANUARY 1, 2011 › Section 61-119.E.5 - Information to be Included in Permit

Current through Register Vol. 48, No. 6, June 28, 2024
Upon review of an application for a new surface water
				  withdrawal permit, the Department will: issue the permit for the volume
				  requested in the application; issue the permit for a lesser volume; or, deny
				  the permit. If the Department intends to issue the permit for a lesser volume,
				  or to deny the permit, the applicant will be notified prior to issuance of a
				  final decision. A new surface water withdrawal permit issued by the Department
				  shall include, at a minimum:
a. the
				location of the permittee's intake facility or facilities used or constructed
				to make withdrawals pursuant to the permit;
b. the amount of water that may be
				withdrawn;
c. the expiration date
				of the permit and the permit duration in years;
d. a copy of the final operational and
				contingency plan developed by the applicant, in conjunction with the
				Department, addressing operations during times when the actual flow of the
				surface water is less than or equal to the minimum instream flow plus any flow
				necessary to protect downstream permitted and registered withdrawals;
e. the amount of water to be discharged back
				into the surface water body and location of the discharge;
f. the volume of supplemental water supply,
				if needed;
g. the minimum instream
				flow at the point of withdrawal, if applicable;
h. the minimum instream flow triggers that
				will determine if the permittee's withdrawal must be reduced, if
				appropriate;
i. the stream flow
				that will be used to notify the applicant of starting the reduction of
				withdrawal as appropriate;
j. the
				minimum water level of an impoundment, if appropriate;
k. a clear statement that the terms and
				conditions of the permit are subject to the provisions of the S.C. Drought
				Response Act; and
l. the address to
				which a surface water withdrawer must mail notice of intent to return to
				withdrawing a consumptive amount of surface water.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.F - PUBLIC NOTICE REQUIREMENTS FOR NEW OR EXPANDING SURFACE WATER WITHDRAWALS AFTER JANUARY 1, 2011 › Section 61-119.F.1 - Public Notice of New Permits Not Considered Interbasin Transfers or Expanding Surface Water Withdrawals After January 1, 2011

Current through Register Vol. 48, No. 6, June 28, 2024
Upon receipt of a complete application and filing fee for a
				  new surface water withdrawal permit not considered an interbasin transfer under
				  this regulation or a proposal to significantly increase the amount of water
				  that may be withdrawn under an existing permit, the Department must, within
				  thirty (30) days, provide the public with notice of the application.
a. The Department will publish notice of the
				proposed withdrawal or increased withdrawal:
i. in accordance with the Department's usual
				public notice procedures;
ii. in a
				newspaper of statewide circulation and in the local newspaper with the greatest
				general circulation in the affected area; and
iii. on the Department's website.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.F - PUBLIC NOTICE REQUIREMENTS FOR NEW OR EXPANDING SURFACE WATER WITHDRAWALS AFTER JANUARY 1, 2011 › Section 61-119.F.2 - Public Notice of New Surface Water Withdrawals After January 1, 2011 Considered Interbasin Transfers

Current through Register Vol. 48, No. 6, June 28, 2024
Upon receipt of a complete application and filing fee for a
				  new surface water withdrawal permit that will be considered an interbasin
				  transfer under this regulation, the Department must, within thirty (30) days,
				  provide notice of the proposed withdrawal and transfer, including notice of the
				  mandatory public hearing for interbasin transfer projects.
a. Notice of the proposed new interbasin
				transfer permit will be made in the following manner:
i. in accordance with the Department's usual
				public notice procedures;
ii. by
				submittal for publication in the South Carolina State Register;
iii. by publication in a newspaper of
				statewide circulation and in a local newspaper of general circulation in the
				affected area of the river basin downstream from the point of
				withdrawal;
iv. by publication on
				the Department's website; and
v.
				through standard United States mail to:
(A)
				any person holding a permit issued by the Department authorizing surface water
				withdrawals, including interbasin transfers, from the river basin from which
				the water for the proposed transfer would be withdrawn;
(B) any person holding a National Pollutant
				Discharge Elimination System (NPDES) wastewater discharge permit authorizing
				wastewater discharge into the river basin where the proposed withdrawal point
				of the proposed interbasin transfer is located;
(C) any city or county governing body whose
				jurisdiction is located entirely or partially within the river basin that is
				the source of the proposed transfer;
(D) the governing body of a public water
				supply system that withdraws water from the same river basin where the proposed
				withdrawal point of the proposed transfer is located;
(E) any agency from another state where an
				interstate water basin is the source of the proposed transfer;
(F) the South Carolina Department of Natural
				Resources; and
(G) the owner of any
				licensed or otherwise flow controlled impoundment that would be impacted by the
				withdrawal.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.G - NONCONSUMPTIVE USE SURFACE WATER WITHDRAWAL PERMITS › Section 61-119.G.1 - Requirements to be Considered a Nonconsumptive Use Withdrawer

Current through Register Vol. 48, No. 6, June 28, 2024
Upon proper application and submittal of appropriate fees,
				  the Department shall issue permits for surface water withdrawals that are
				  considered nonconsumptive uses. A nonconsumptive user is one that uses surface
				  water in such a manner that more than ninety (90) percent of the water
				  withdrawn is returned to its waters of origin within the boundaries of
				  contiguous property owned by the surface water withdrawer; provided:
a. the amount of water not returned to the
				water source does not exceed three million (3,000,000) gallons during any one
				month; or
b. the amount of water
				not returned to the water source does not significantly reduce the safe yield
				at the point of withdrawal.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.G - NONCONSUMPTIVE USE SURFACE WATER WITHDRAWAL PERMITS › Section 61-119.G.2 - Additional Application Requirements for Nonconsumptive Use Permits

Current through Register Vol. 48, No. 6, June 28, 2024
For any person requesting a permit pursuant to Section
				  49-4-40
				  (non-consumptive use permit), the application must include, in addition to the
				  other information required in subsection D.1 or E.2 of this regulation, as
				  appropriate, the following:
a. a tax
				map showing intake and discharge points and property boundaries;
b. a discussion of the timing of the
				discharge of the water, e.g. is any form of hydrograph control release being
				considered;
c. for an existing
				surface water withdrawer as of January 1, 2011, who would like to be considered
				a nonconsumptive user, an analysis of withdrawal and discharge data for the
				previous twenty four (24) months showing that the provisions of subsection G.1
				above will be met; and
d. for a
				proposed new or expanding surface water withdrawer who would like to be
				considered a nonconsumptive user, an engineering analysis demonstrating that
				the provisions of subsection G.1 above will be met.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.G - NONCONSUMPTIVE USE SURFACE WATER WITHDRAWAL PERMITS › Section 61-119.G.3 - Reconsideration of Nonconsumptive Use

Current through Register Vol. 48, No. 6, June 28, 2024
If, after twenty-four (24) months of operation, a
				  nonconsumptive permittee is shown not to meet the criteria of a non-consumptive
				  user, the original permit application will be reevaluated. For an existing
				  surface water withdrawer, a permit will be issued under section D of this
				  regulation. For a non-consumptive use permit issued under section E of this
				  regulation, a full review under section E will be conducted and an
				  appropriately conditioned permit issued if the project is found to be
				  reasonable under the Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.G - NONCONSUMPTIVE USE SURFACE WATER WITHDRAWAL PERMITS › Section 61-119.G.4 - Information to be Included in Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A permit for a nonconsumptive use must identify the surface
				  water withdrawer, the point of withdrawal, the maximum withdrawal amount, and
				  the point of return. Such permits are subject only to the reporting
				  requirements of section N.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.H - PERMIT DURATION › Section 61-119.H.1 - Permit Duration for Existing Surface Water Withdrawers as of January 1, 2011

Current through Register Vol. 48, No. 6, June 28, 2024
Permits for existing surface water withdrawers as of January
				  1, 2011 must be issued for:
a. thirty
				(30) years for a permittee entitled to an initial permit pursuant to Section
				49-4-70(B),
				or a greater period the Department considers reasonable based upon its review
				of all the facts and circumstances relevant to the proposed withdrawal not to
				exceed an additional ten (10) years; or
b. any additional period necessary, not to
				exceed a total of fifty (50) years, for a municipality or other governmental
				body to retire a bond it issued to finance the construction of
				waterworks.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.H - PERMIT DURATION › Section 61-119.H.2 - Permit Duration for a New or Expanding Surface Water Withdrawer After January 1, 2011

Current through Register Vol. 48, No. 6, June 28, 2024
For applicants for new or expanding surface water withdrawers
				  after January 1, 2011 whose use is found to be reasonable under the provisions
				  of the Act and this regulation, permits must be issued for:
a. twenty (20) years, or a greater period the
				Department considers reasonable based upon its review of all the facts and
				circumstances relevant to a proposed withdrawal not to exceed an additional
				twenty (20) years; or
b. any
				additional period necessary, not to exceed a total of fifty (50) years, for a
				municipality or other governmental body to retire a bond it issued to finance
				the construction of waterworks.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.I - RENEWAL PROCESS FOR SURFACE WATER WITHDRAWAL PERMITS › Section 61-119.I.1 - Permits Issued to Existing Surface Water Withdrawers

Current through Register Vol. 48, No. 6, June 28, 2024
a. An existing surface water withdrawer as
				defined by this regulation may renew its surface water withdrawal permit by
				making application no more than six (6) months prior to the expiration date, on
				a form to be supplied by the Department, pursuant to the criteria of section D
				of this regulation. Renewals of permits held by existing surface water
				withdrawers are not subject to the permitting criteria in section E. of this
				regulation, minimum flow requirements, or additional supplemental water
				contingency planning requirements, and are not subject to the requirements of
				subsection I.2 of this regulation. A permit shall remain valid during the
				Department's consideration of a renewal application if the permittee files a
				complete renewal application prior to the expiration date of the permit.
				Renewal applications take priority over permit applications for new
				withdrawals. Renewal of a permit issued to an existing surface water withdrawer
				shall be for the quantity of water specified in the current permit unless the
				Department demonstrates that the quantity above the maximum withdrawals during
				the permit term are not necessary to meet the permittee's future
				needs.
b. An existing surface water
				withdrawer as defined by this regulation may, while renewing its surface water
				withdrawal permit, simultaneously apply for a modification to increase the
				amount of withdrawal. While the Department will review and approve the
				initially authorized amount consistent with section D. of this regulation, the
				proposed expansion will be evaluated based on the criteria of section E. of
				this regulation. If a modification is granted allowing additional withdrawal
				flow, subsequent permit renewals will evaluate the amount authorized in the
				initial permit under item I.1.a of this regulation while any additional amount
				authorized after issuance of the initial permit will be evaluated under item
				I.2.a. of this regulation. However, an application to modify an existing permit
				for a significant increase in the quantity of the withdrawal for surface water
				withdrawals authorized pursuant to Section
				49-4-40
				or Section
				49-4-45
				shall be subject only to the requirements set forth in that section.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.I - RENEWAL PROCESS FOR SURFACE WATER WITHDRAWAL PERMITS › Section 61-119.I.2 - Permits Issued to Surface Water Withdrawers Considered New or Expanding After January 1, 2011

Current through Register Vol. 48, No. 6, June 28, 2024
a. Any person
				considered a new surface water withdrawer permitted after January 1, 2011, or
				an existing surface water withdrawer issued a modification to their initial
				permit under section E may request renewal of its permit by making application
				no more than six (6) months prior to the expiration date, on a form to be
				supplied by the Department. A permit shall remain valid during the Department's
				consideration of a renewal application if the permittee files a complete
				renewal application prior to the expiration date of the permit. The renewal
				application for a new surface water withdrawer will be evaluated based on the
				criteria of section E of this regulation. The renewal application for an
				existing surface water withdrawer as defined by this regulation who has
				received an expanded surface water permit under section E will be evaluated
				under the appropriate criteria of sections D and E. Unless a modification is
				requested, permits must be renewed for a quantity equal to the expired permit
				unless the Department demonstrates that the quantity above maximum withdrawals
				during the permit term is not necessary to meet the permittee's future needs.
				Renewal applications take priority over permit applications for new
				withdrawals.
b. A surface water
				withdrawer may, while renewing its permit, simultaneously apply for a
				modification to increase the amount of withdrawal. Any proposed expansion
				quantity will be evaluated based on the criteria of section E. of this
				regulation; however, any significant increase in surface water withdrawals
				authorized pursuant to Section
				49-4-40
				or Section
				49-4-45
				shall be subject only to the requirements set forth in that section.