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.D - NOTICE OF INTENT, PERMIT, AND APPROVAL

Current through Register Vol. 48, No. 6, June 28, 2024
1. It shall be unlawful to construct an
			 individual residential well, an irrigation well, or a replacement well unless
			 conditions of the general permit issued by the Department have been satisfied
			 for the construction of the proposed well.
2. It shall be the responsibility of the well
			 driller to ensure that coverage under this general permit to construct an
			 individual residential well, irrigation well, or replacement well is obtained
			 from the Department prior to construction of the well.
3. It shall be the responsibility of the well
			 driller to ensure that all wells permitted under this regulation are located
			 and constructed in accordance with all applicable regulations.
4. A Notice of Intent (NOI) form provided by
			 the Department, as specified in the general permit, must be submitted to the
			 Department with true and accurate information necessary for determining the
			 location of, and proper construction of, individual residential wells,
			 replacement wells, and irrigation wells. The NOI may be submitted by the owner,
			 agent, or well driller. This information shall include, but may not be limited
			 to, owner name, address, and telephone number, address of the property on which
			 the well is to be installed, proposed date of installation, proposed well
			 location, if the proposed well is a new well or replacement well, and name and
			 license number of the licensed well driller constructing the well. If any
			 information provided on the NOI changes at the time of well construction, the
			 well driller must contact the Department and provide the correct
			 information.
5. Upon receipt of a
			 completed NOI, the Department shall accomplish its review and have either the
			 approval, review comments, or denial transmitted to the applicant within 48
			 hours. The 48 hour period is calculated from the time and date of receipt of
			 the Notice of Intent excluding weekends and legal state holidays. If notice is
			 not given to the applicant by the end of the 48 hour period, coverage under the
			 general permit for individual residential wells and irrigation wells will be
			 considered approved. The well driller shall also give the Department 48 hours
			 prior notice of well installation with the exact date, time, and location of
			 well installation. This notice can be concurrent with the NOI review period.
			 The Department shall deny coverage under the general permit when the proposed
			 well would violate Regulation Regulation
			 61-71, Well Standards, the
			 Pollution Control Act, Section
			 48-1-10
			 et seq., the Safe Drinking Water Act, Section
			 44-55-10 et
			 seq., 1976 S.C. Code of Laws, or licensing requirements established by the S.C.
			 Department of Labor, Licensing, and Regulation. Nothing in this regulation
			 shall be used to limit construction of individual residential wells or
			 irrigation wells that are constructed in accordance with the applicable
			 regulations cited above. The Department inspectors will utilize available
			 resources, such as Department records of permits for onsite wastewater systems
			 and subdivision application approvals, to help determine compliance with the
			 NOI provisions in this regulation.
6. Coverage under a general permit issued
			 pursuant to this regulation shall not guarantee that a well will yield water
			 that is of adequate quality and/or quantity for the purposes
			 intended.
7. The well driller shall
			 have a copy of the Notice of Intent before initiating construction of an
			 irrigation well or individual residential well and shall keep a copy of the
			 Notice of Intent on the drilling site at all times.