§ 40-23-5 Application of chapter; conflict of laws
§ 40-23-10 Environmental Certification Board; creation; membership; terms
§ 40-23-20 Definitions
§ 40-23-30 Environmental systems operator licensure requirement
§ 40-23-40 Purpose of board
§ 40-23-60 Conducting election of officers and board meetings; rules and regulations promulgation
§ 40-23-70 Powers and duties
§ 40-23-80 Conduct of investigations
§ 40-23-90 Investigation by board of initial complaints; authorizing department to issue formal complaint for disciplinary action
§ 40-23-95 Administrative citations; cease and desist orders; protest hearings; appeals; disciplinary hearings; enforcement of contracts
§ 40-23-100 Board authorized to seek remedies for violations; immunity; bonds
§ 40-23-105 Recovery of payment for regulated services by unlicensed provider; limitations
§ 40-23-110 Disciplinary action; grounds
§ 40-23-115 Board jurisdiction
§ 40-23-120 Sanctions and other disciplinary actions
§ 40-23-130 Licensure denial
§ 40-23-140 Licensure denial; prior criminal record
§ 40-23-150 License; voluntary surrender
§ 40-23-160 Appeal
§ 40-23-170 Costs
§ 40-23-180 Costs and fines; collection and enforcement
§ 40-23-190 Confidentiality of initial investigations; formal complaints open to public; communications privileged; respondent’s due process rights preserved
§ 40-23-200 Unauthorized practice; penalty
§ 40-23-210 Civil penalties and injunctive relief
§ 40-23-220 Severability
§ 40-23-230 Issuance, renewal, and reinstatement of licenses; notification of address change
§ 40-23-240 Reciprocity agreements; licensure of person credentialed in another jurisdiction
§ 40-23-250 License as prerequisite to practice or offer to practice
§ 40-23-260 Continuing education; code of ethics
§ 40-23-270 Exceptions from application of chapter
§ 40-23-280 Requirements, proof, and initiation of claim on bond
§ 40-23-300 Certification classifications
§ 40-23-305 Wastewater treatment operator licenses
§ 40-23-310 Water distribution system operator licenses
§ 40-23-320 Well drilling licenses; categories; classes
§ 40-23-340 Well driller practice categories; restrictions

Terms Used In South Carolina Code > Title 40 > Chapter 23

  • abatement: refers to actions taken to ameliorate or correct conditions requiring remediation as defined in this section. See South Carolina Code 35-2-203
  • Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;

    (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
  • affiliate: means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a specified person. See South Carolina Code 35-2-201
  • announcement date: when used in reference to any business combination, means the date of the first public announcement of the definitive proposal for the business combination, without regard to subsequent amendments. See South Carolina Code 35-2-202
  • Applicant: means a person that files an application for a license pursuant to this act. See South Carolina Code 35-11-105
  • associate: when used to indicate a relationship with any person, means:

    (1) any corporation or organization of which the person is an officer or partner or is (directly or indirectly) the beneficial owner of ten percent or more of any class of voting shares;

    (2) any trust or other estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and

    (3) any relative or spouse of the person, or any relative of the spouse, who has the same home as the person. See South Carolina Code 35-2-203
  • Authorized delegate: means a person a licensee designates to provide money services on behalf of the licensee. See South Carolina Code 35-11-105
  • Bank: means an institution organized under federal or state law which:

    (a) accepts demand deposits or deposits that the depositor may use for payment to third parties and which engages in the business of making commercial loans; or

    (b) engages in credit card operations and maintains only one office that accepts deposits, does not accept demand deposits or deposits that the depositor may use for payments to third parties, does not accept a savings or time deposit less than one hundred thousand dollars, and does not engage in the business of making commercial loans. See South Carolina Code 35-11-105
  • beneficial owner: when used with respect to any shares, means a person that:

    (1) individually or with or through any of its affiliates or associates beneficially owns the shares (directly or indirectly);

    (2) individually or with or through any of its affiliates or associates has:

    (A) the right to acquire the shares (whether the right is exercisable immediately or only after the passage of time) under any agreement, arrangement, or understanding (whether or not in writing), or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise. See South Carolina Code 35-2-204
  • Board: means the South Carolina Environmental Certification Board. See South Carolina Code 35-2-203
  • Bored: means a large diameter well, commonly greater than or equal to twenty-four inches in diameter, which is typically installed at a very shallow depth and constructed of rock, concrete, or ceramic material. See South Carolina Code 35-2-203
  • business combination: when used in reference to any resident domestic corporation and any interested shareholder of the resident domestic corporation, means any of the following:

    (1) Any merger of the resident domestic corporation or any subsidiary of the resident domestic corporation with:

    (A) the interested shareholder; or

    (B) any other corporation (whether or not itself an interested shareholder of the resident domestic corporation) that is, or after the merger or consolidation would be, an affiliate or associate of the interested shareholder. See South Carolina Code 35-2-205
  • Coastal well: means an opening into the ground, which qualifies as a "well" of Type II, III, IV, or V construction as defined in this section, that is made by boring, drilling, jetting, driving, direct push technology, or any other method into unconsolidated materials, and that does not qualify as an environmental well. See South Carolina Code 35-2-203
  • Commissioner: means the South Carolina Attorney General. See South Carolina Code 35-11-105
  • common stock: means any shares other than preferred shares. See South Carolina Code 35-2-206
  • Control: means :

    (a) ownership of, or the power to vote, directly or indirectly, at least twenty-five percent of a class of voting securities or voting interests of a licensee or person in control of a licensee;

    (b) power to elect a majority of executive officers, managers, directors, trustees, or other persons exercising managerial authority of a licensee or person in control of a licensee; or

    (c) power to exercise directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee. See South Carolina Code 35-11-105
  • Currency exchange: means receipt of revenues from the exchange of money of one government for money of another government. See South Carolina Code 35-11-105
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Direct supervision: means supervision provided by a licensee who must:

    (a) be on-site or immediately available to supervise persons by means of telephone, radio, or other electronic means; and

    (b) maintain continued involvement in appropriate aspects of each professional activity of the supervisee. See South Carolina Code 35-2-203
  • Environmental systems operator: is a generic term for any occupation licensed by the board. See South Carolina Code 35-2-203
  • Environmental well: means an opening into the ground which qualifies as a "well" of Type I, II, III, IV, or V construction as defined in this section, that is made by boring, drilling, jetting, driving, direct push technology, or any other method for obtaining a sample of underground waters or soils for environmental or geological investigation or research or for environmental remediation, where the depth of the opening is reasonably likely to penetrate the water table. See South Carolina Code 35-2-203
  • Exchange Act: means the act of Congress known as the Securities Exchange Act of 1934, as amended. See South Carolina Code 35-2-209
  • Executive officer: means a president, chairperson of the executive committee, chief financial officer, responsible individual, or other individual who performs similar functions. See South Carolina Code 35-11-105
  • interested shareholder: when used in reference to any resident domestic corporation, means any person (other than the resident domestic corporation or any subsidiary of the resident domestic corporation) that is:

    (1) the beneficial owner (directly or indirectly) of ten percent or more of the voting power of the outstanding voting shares of the resident domestic corporation; or

    (2) an affiliate or associate of the resident domestic corporation and at any time within the two-year period immediately before the date in question was the beneficial owner (directly or indirectly) of ten percent or more of the voting power of the then outstanding shares of the resident domestic corporation. See South Carolina Code 35-2-210
  • License: means a serially numbered document issued by the board, containing the name of the person registered, certified, or licensed and the date of registration, certification, or licensing and certifying that the person named is authorized to practice a profession regulated by the board as specified on said document. See South Carolina Code 35-2-203
  • Licensed activity: means any operation, function, or action of any kind in which one may not engage, or offer to engage, without a license issued pursuant to this chapter. See South Carolina Code 35-2-203
  • Licensee: means a person currently or previously authorized to practice a licensed activity pursuant to this chapter and includes a person holding a license, permit, certification, or registration granted pursuant to this chapter. See South Carolina Code 35-2-203
  • Licensee: means a person licensed pursuant to this act. See South Carolina Code 35-11-105
  • market value: when used in reference to shares or property of any resident domestic corporation, means the following:

    (1) In the case of shares, the highest closing sale price of a share during the thirty-day period immediately preceding the date in question on the composite tape for New York Stock Exchange listed shares, or, if the shares are not quoted on the composite tape or not listed on the New York Stock Exchange, on the principal United States securities exchange registered under the Exchange Act on which the shares are listed, or, if the shares are not listed on any such exchange, the highest closing bid quotation with respect to a share during the thirty-day period preceding the date in question on the National Association of Securities Dealers, Inc. See South Carolina Code 35-2-211
  • Money: means a medium of exchange that is authorized or adopted by the United States or a foreign government. See South Carolina Code 35-11-105
  • Money services: means money transmission or currency exchange. See South Carolina Code 35-11-105
  • Money transmission: means selling or issuing payment instruments, stored value, or receiving money or monetary value for transmission. See South Carolina Code 35-11-105
  • operator: means a person employed in a public water distribution system whose duties include making process control and system integrity decisions about water quality or quantity that affect public health. See South Carolina Code 35-2-203
  • Payment instrument: means a check, draft, money order, traveler's check, or other instrument for the transmission or payment of money or monetary value, whether or not negotiable. See South Carolina Code 35-11-105
  • Person: means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns. See South Carolina Code 35-2-203
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or another legal or commercial entity. See South Carolina Code 35-11-105
  • Public wastewater treatment plant: means that portion of any system that treats domestic or industrial waste and that alters physical, chemical, or bacteriological characteristics before placing the waste into any receiving waters. See South Carolina Code 35-2-203
  • Public water distribution system: means that portion of a public water system that is utilized for the delivery of water for human consumption, whether bottled, piped, or delivered through some other constructed conveyance, up to the point of consumer or owner connection. See South Carolina Code 35-2-203
  • Public water system: means :

    (a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance, for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;

    (b) all structures and appurtenances used for the collection, treatment, storage, or distribution of water delivered to point of meter of consumer or owner connection;

    (c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of the water; however, a public water system does not include a water system serving a single private residence or dwelling. See South Carolina Code 35-2-203
  • Public water system treatment facility: means that portion of a public water system that alters the physical, chemical, or bacteriological characteristics of water furnished to the public for human consumption, whether the source of supply is of surface or subterranean origin. See South Carolina Code 35-2-203
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See South Carolina Code 35-11-105
  • Remediation: means the correction, repair, restoration, or any other action taken in order to bring any condition or circumstance into compliance with a statute, standard, or regulation. See South Carolina Code 35-2-203
  • resident domestic corporation: means a domestic corporation that has a class of voting shares registered with the Securities and Exchange Commission or another federal agency under Section 12 of the 1934 Exchange Act. See South Carolina Code 35-2-213
  • Rock well: means an opening into the ground, which qualifies as a "well" of Type I construction as defined in this section, that is made by boring, drilling, jetting, driving, direct push technology, or any other method into consolidated materials, and that does not qualify as an environmental well. See South Carolina Code 35-2-203
  • Safe Drinking Water Act: means Article 1, Chapter 55, Title 44. See South Carolina Code 35-2-203
  • share: means :

    (1) any share or similar security, any certificate of interest, and participation in any profit sharing agreement, any voting trust certificate, or any certificate of deposit for a share; and

    (2) any security convertible, with or without consideration, into shares, or any warrant, call, or other option or privilege of buying shares without being bound to do so, or any other security carrying any right to acquire, subscribe to, or purchase shares. See South Carolina Code 35-2-214
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 35-11-105
  • Stored value: means monetary value that is evidenced by an electronic record. See South Carolina Code 35-11-105
  • under common control with: means the possession (directly or indirectly) of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. See South Carolina Code 35-2-208
  • voting shares: means shares of capital stock of a corporation entitled to vote generally in the election of directors. See South Carolina Code 35-2-217
  • Well: means a manmade horizontal, vertical, or angled opening in the ground made by digging, boring, drilling, jetting, driving, direct push technology, or any other method through which water is injected or withdrawn from beneath the surface of the earth for the purpose of human consumption, irrigation, industrial or commercial processes, or construction of closed loop systems. See South Carolina Code 35-2-203
  • Well drilling category: means the taxonomy of well drilling licenses according to the type of well a licensee is authorized to construct including, but not limited to, environmental wells, coastal wells, rock wells, and bored wells. See South Carolina Code 35-2-203