South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.C - GENERAL

Current through Register Vol. 48, No. 6, June 28, 2024
1. Individual
			 residential wells and irrigation wells shall be constructed or abandoned by
			 well drillers who are licensed for such purposes by the S.C. Department of
			 Labor, Licensing, and Regulation. The licensing required by the subsection does
			 not apply to owners constructing or abandoning wells on their own property for
			 their own personal use only.
2. All
			 individual residential wells and irrigation wells shall be constructed or
			 abandoned in accordance with this regulation, Regulation Regulation
			 61-71, Well Standards, and all
			 other applicable laws, regulations, and standards.
3. The Department must conduct necessary
			 inspections, to the maximum extent as resources allow, to ensure compliance
			 with the provisions of this regulation. The owner shall grant access to the
			 well construction site to the Department at reasonable times for the purpose of
			 conducting such inspections. The inspection program will primarily be conducted
			 by Department personnel located in the District Environmental Quality Control
			 offices. Inspections shall be conducted at the time of construction when
			 possible. The purpose of inspections is to determine compliance with the Well
			 Standards R.61-71 and this regulation. The
			 inspections shall include, at a minimum, determining: 1) proof of coverage
			 under the general permit, 2) compliance with siting requirements, 3) the
			 presence or absence of an adequate grout seal and compliance with other
			 critical construction standards outlined in R.61-71, and 4) eventual timely
			 submittal of the well record form. Violations of the cited regulations noted
			 during the inspection shall result in enforcement action in accordance with
			 established Department procedures. The Department shall develop an inspection
			 manual which outlines the complete inspection process for Department personnel
			 in accordance with the requirements of this regulation and the Well Standards
			 R.61-71. Interested parties may
			 provide input into development and annual updating of the inspection manual.
			 After one year's training and experience, each district well inspector shall
			 conduct a minimum of 200 inspections annually of individual residential or
			 irrigation wells with a Department goal to inspect a majority of wells
			 constructed under this regulation. Owners shall be provided a copy of the
			 Department's inspection results.
4.
			 The Department shall prepare an annual report detailing activities funded by
			 individual residential well and irrigation well fees including the number of
			 wells issued coverage under the general permit, number of inspections,
			 inspection results, fees collected, and number of enforcement actions. This
			 report shall be submitted to the South Carolina Legislature and the South
			 Carolina Groundwater Association and be available for the general
			 public.
5. Each well driller must
			 meet bonding requirements as established by the Department of Labor, Licensing,
			 and Regulation. The Department shall have full access to a well driller's bond
			 to correct a violation of this regulation and/or Regulation Regulation
			 61-71, Well Standards, where, as
			 part of a Department enforcement action, a well driller is unwilling or unable
			 to take required corrective actions. The bonding provisions required by the
			 subsection does not apply to owners constructing or abandoning wells on their
			 own property for their own personal use only.
6. Irrigation wells shall not be permitted at
			 a residence unless another source of potable water serving the residence is
			 proposed or exists.
7. The
			 Department is authorized to develop a "General Permit" for individual
			 residential well and irrigation well activities.
8. This regulation will become effective 60
			 days after Legislative approval.