South Carolina Code 49-5-100. Permits; temporary permits; revocation; process for public participation in permitting process to be developed; contested case hearing
(B) Before a person may become a groundwater withdrawer in a designated capacity use area, an application for a groundwater withdrawal permit must be made to, and a groundwater withdrawal permit obtained from, the department.
Terms Used In South Carolina Code 49-5-100
- Department: means the Department of Health and Environmental Control. See South Carolina Code 49-5-30
- Groundwater: means water in the void spaces of geologic materials within the zone of saturation. See South Carolina Code 49-5-30
- Groundwater withdrawal permit: means a permit issued by the department to groundwater withdrawers in a designated capacity use area for the withdrawal of groundwater. See South Carolina Code 49-5-30
- Groundwater withdrawer: means a person withdrawing groundwater in excess of three million gallons during any one month from a single well or from multiple wells under common ownership within a one-mile radius from any one existing or proposed well. See South Carolina Code 49-5-30
- Permit to construct: means a permit issued by the department after consideration of proposed well location, depth, rated capacity, and withdrawal rate. See South Carolina Code 49-5-30
- Permittee: means a person having obtained a permit to construct or a groundwater withdrawal permit issued in accordance with §§ 49-5-60 and 49-5-110. See South Carolina Code 49-5-30
- Person: means an individual, firm, partnership, association, public or private institution, municipality or political subdivision, governmental agency, public water system, or a private or public corporation organized under the laws of this State or any other state or county. See South Carolina Code 49-5-30
- Rated capacity: means the amount, in gallons per minute (gpm), of groundwater that is capable of being withdrawn from the completed well with the pump installed. See South Carolina Code 49-5-30
- Well: means an excavation that is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing groundwater or for evaluating, testing, developing, draining, or recharging a groundwater reservoir or aquifer or that may control, divert, or otherwise cause the movement of groundwater from or into an aquifer. See South Carolina Code 49-5-30
(C) The department may grant a temporary groundwater withdrawal permit for up to one hundred eighty days or until a final decision is made on the application if an imminent hazard to public health exists or if an applicant demonstrates that physical or financial damage has occurred, or will occur, if a temporary permit is not granted. The issuance of a temporary permit does not guarantee the issuance of a groundwater withdrawal permit.
(D) The department may revoke a permit to construct or a groundwater withdrawal permit if it determines information in the permit application is false or the permittee fails to comply with the conditions of the permit.
(E) The department may revoke a temporary groundwater withdrawal permit if the permittee fails to adhere to the conditions of the temporary permit or provide timely response to requests for actions for information made pursuant to the application review.
(F) The department shall develop a public participation process for the permitting of new wells or for an increase in the rated capacity of a well and for groundwater withdrawal.
(G) The department is authorized to develop a "General Permit" for groundwater withdrawal activities.
(H) A person or entity aggrieved by the department’s decision on any permit application or revocation pursuant to this section may request a contested case hearing. The contested case must proceed in accordance with Articles 3 and 5, Chapter 23 of Title 1.