Article 1 General Provisions
Article 5 South Carolina Respiratory Care Practice Act
Article 6 Acupuncture Act of South Carolina
Article 7 South Carolina Physician Assistants Practice Act
Article 9 South Carolina Anesthesiologist’S Assistants Practice Act
Article 10 South Carolina Registered Cardiovascular Invasive Specialist Act

Terms Used In South Carolina Code > Title 40 > Chapter 47

  • Academic medical center: means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects, and other hospital research programs conducting research as a subrecipient with the academic medical center as the prime awardee. See South Carolina Code 44-53-1810
  • Accredited veterinarian: means a licensed veterinarian approved by the United States Department of Agriculture and the state veterinarian. See South Carolina Code 47-13-1310
  • Active license: means the status of an authorization to practice that has been renewed for the current period and authorizes the licensee to practice in this State. See South Carolina Code 40-47-20
  • Administrative hearing officer: means a physician designated by the board or director. See South Carolina Code 40-47-20
  • 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
  • Adverse disciplinary action: means a final decision by a United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, or a court, which action was not resolved completely in the licensee's favor. See South Carolina Code 40-47-20
  • Advertisement: means all representations, other than those on the label, relating to seed within the scope of this chapter. See South Carolina Code 46-21-15
  • 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. See South Carolina Code 44-56-35
  • Agricultural seed: means grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this State as agriculture seeds, lawn seeds, and combinations of these seeds and may include noxious weed seeds when the Commissioner determines that the seed is being used as agricultural seed. See South Carolina Code 46-21-15
  • alternate supervising physician: means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who accepts the responsibility to supervise a physician assistant's activities in the absence of the supervising physician and this physician is approved by the physician supervisor in writing in the scope of practice guidelines. See South Carolina Code 40-47-910
  • Ambulance: means a vehicle maintained or operated by a licensed provider who has obtained the necessary permits and licenses for the transportation of persons who are sick, injured, wounded, or otherwise incapacitated. See South Carolina Code 44-61-20
  • Anesthesiologist: means a physician who has successfully completed an approved anesthesiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Association, or its equivalent or successor. See South Carolina Code 40-47-1210
  • Animal: means a warm- or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects. See South Carolina Code 47-21-20
  • Animal facility: includes a vehicle, building, structure, or premises where an animal is kept, tested, handled, housed, exhibited, bred, or offered for sale and includes a research facility where research or testing on animals is conducted. See South Carolina Code 47-21-20
  • Animal Shelter: means :

    (a) a facility operated by or under contract for the State or a county, a municipal corporation, or other political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals;

    (b) a veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for the purpose set forth in subitem (a) in addition to its customary purposes;

    (c) a facility operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See South Carolina Code 47-3-470
  • Approval: means a permit, license, or other approval issued by the department under South Carolina environmental law. See South Carolina Code 44-55-10
  • Approved source: means a provider approved by the United States Food and Drug Administration which produces cannabidiol that:

    (a) has been manufactured and tested in a facility approved or certified by the United States Food and Drug Administration or similar national regulatory agency in another country which has been approved by the United States Food and Drug Administration; and

    (b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans. See South Carolina Code 44-53-1810
  • Approved written scope of practice guidelines: means specific statements developed by a physician or the medical staff and a physician assistant that establish physician delegation for medical aspects of care, including the prescription of medications. See South Carolina Code 40-47-20
  • Aquifer: means a geologic formation, group of these formations, or part of a formation that is water bearing. See South Carolina Code 44-56-215
  • Area of sales responsibility: means the geographical area, agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement, within which area the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line make to the retail public. See South Carolina Code 49-19-1820
  • Atlantic Compact: means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the "Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985" Public Law 99-240, Title II. See South Carolina Code 44-53-1490
  • Authority: means the Lake Paul A. See South Carolina Code 44-96-220
  • Authorized agent: means any individual designated to represent the department. See South Carolina Code 44-61-20
  • Authorized delegate: means an individual who is approved as having access to the prescription monitoring program and who is directly supervised by an authorized practitioner or pharmacist. See South Carolina Code 44-53-1630
  • Bank: means the South Carolina Conservation Bank. See South Carolina Code 44-55-610
  • Barrel: means 42 U. See South Carolina Code 48-43-510
  • Beverage: means beer or malt beverages, mineral water, soda water, and similar carbonated soft drinks in liquid form, and all other liquids intended for human consumption, except for liquids marketed for and intended for consumption for medicinal purposes. See South Carolina Code 44-96-40
  • Beverage container: means the individual, separate, and sealed glass, aluminum or other metal, or plastic bottle, can, jar, or carton containing beverage intended for human consumption. See South Carolina Code 44-96-40
  • Blend: means seed consisting of more than one variety of a kind, each in excess of five percent by weight of the whole. See South Carolina Code 46-21-15
  • Board: means the South Carolina Board of Natural Resources. See South Carolina Code 50-5-15
  • Board: means the State Board of Pharmacy. See South Carolina Code 44-117-310
  • Board: means the South Carolina Tobacco Community Development Board. See South Carolina Code 46-30-210
  • Board: means the State Fiscal Accountability Authority's governing board. See South Carolina Code 48-52-810
  • Board: means the governing board of the bank. See South Carolina Code 44-55-610
  • Board: means board of the department. See South Carolina Code 48-43-10
  • Board: means the governing body of the Department of Natural Resources. See South Carolina Code 44-55-2380
  • Board: means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Safe Drinking Water Act. See South Carolina Code 44-55-20
  • Board: means the Board of Health and Environmental Control. See South Carolina Code 44-55-2320
  • Board: means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Hazardous Waste Management Act. See South Carolina Code 44-56-20
  • Board: means the Board of Medical Examiners of South Carolina. See South Carolina Code 40-47-510
  • Board: means the Board of the Department of Health and Environmental Control. See South Carolina Code 44-56-215
  • Board: means the Board of Medical Examiners of South Carolina. See South Carolina Code 40-47-910
  • Board: means the Board of Medical Examiners of South Carolina. See South Carolina Code 40-47-1210
  • Board: means the governing body of the Department of Health and Environmental Control or its designated representative. See South Carolina Code 44-61-20
  • Board: means the State Board of Medical Examiners for South Carolina. See South Carolina Code 40-47-20
  • Board: means the governing body of the Department of Health and Environmental Control or its designated representative. See South Carolina Code 44-61-310
  • Board-approved credentialing organization: means an organization that offers a certification examination in a specialty area of practice, establishes scope and standards of practice statements, and provides a mechanism approved by the board for evaluating continuing competency in a specialized area of practice. See South Carolina Code 40-47-20
  • Boat: means a vessel. See South Carolina Code 50-21-10
  • Brand: means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. See South Carolina Code 46-25-20
  • Building project: means the design, construction, renovation, operation, and maintenance of any inhabited physical structure and its associated project building site. See South Carolina Code 48-52-810
  • business: means any lawful activity conducted primarily (1) for the purchase and resale, manufacture, processing, or marketing of products, commodities or any other personal property; (2) for the sale of services to the public; or (3) by a nonprofit organization. See South Carolina Code 48-2-310
  • Business days: means every day except Saturdays, Sundays, and legal holidays. See South Carolina Code 40-47-20
  • Cancellation: means the withdrawal or invalidation of an authorization to practice that was issued to an ineligible person either in error or based upon a false, fraudulent, or deceptive representation in the application process. See South Carolina Code 40-47-20
  • Cannabidiol: means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0. See South Carolina Code 44-53-1810
  • Captain of the Port: means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1. See South Carolina Code 47-13-60
  • Cardiologist: means a physician who has successfully completed an approved cardiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. See South Carolina Code 40-47-1520
  • Cardiovascular Invasive Specialist: means a cardiovascular invasive specialist who is currently registered by Cardiovascular Credentialing International, has graduated from an accredited program of Cardiovascular Invasive Technology and who working under the direct supervision of a cardiologist performs procedures on patients resulting in accurate diagnosis and/or optimal treatment of congenital or acquired heart disease. See South Carolina Code 40-47-1520
  • CERCLA: means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U. See South Carolina Code 44-56-720
  • Certificate: means official acknowledgment by the department that an individual has completed successfully one of the appropriate emergency medical technician training courses referred to in this article in addition to completing successfully the requisite examinations, which entitles that individual to perform the functions and duties as delineated by the classification for which the certificate was issued. See South Carolina Code 44-61-20
  • Certificate of Clearance: means a permit prescribed by the department for the transportation or the delivery of oil or gas or product. See South Carolina Code 48-43-10
  • Certification: means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. See South Carolina Code 40-47-20
  • Certifying agency: means :

    (a) an agency authorized under the laws of a state, territory or possession to officially certify seed and which has standards and procedures approved by the U. See South Carolina Code 46-21-15
  • Coastal Plain: means :

    (a) all of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Clarendon, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Hampton, Horry, Jasper, Lee, Marion, Marlboro, Orangeburg, Sumter, and Williamsburg counties; and

    (b) those portions of Chesterfield, Edgefield, Kershaw, Lexington, Richland, and Saluda counties east or southeast of the fall line as identified on the best available geologic map. See South Carolina Code 44-56-215
  • collection: means to facilitate the delivery of a covered device to a collection site included in the manufacturer's program, and to transport the covered device for recovery. See South Carolina Code 44-55-827
  • Collection: means the act of picking up solid waste materials from homes, businesses, governmental agencies, institutions, or industrial sites. See South Carolina Code 44-96-40
  • Commercial fertilizer: means a substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by regulation of the commission. See South Carolina Code 46-25-20
  • Commission: means the State Crop Pest Commission or an officer or employee of the commission to whom it delegates its authority. See South Carolina Code 46-25-20
  • Commission: means the group of individuals comprising the Maritime Security Commission. See South Carolina Code 47-13-60
  • Commission: means the group of individuals charged by law with the responsibility of licensing or otherwise regulating an occupation or profession within the State. See South Carolina Code 40-1-20
  • Commissioner: means the Commissioner of the Department of Health and Environmental Control. See South Carolina Code 48-2-320
  • Commissioner: means the commissioner of the department or his authorized agent. See South Carolina Code 44-55-20
  • Committee: means the Respiratory Care Committee which is established by this article as an advisory committee responsible to the board. See South Carolina Code 40-47-510
  • Committee: means the Physician Assistant Committee as established by this article as an advisory committee responsible to the board. See South Carolina Code 40-47-910
  • Committee: means the Anesthesiologist's Assistant Committee as established by this article as an advisory committee responsible to the board. See South Carolina Code 40-47-1210
  • compact commission: means the governing body of the Atlantic Compact, consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina. See South Carolina Code 44-53-1490
  • Compost: means the humus-like product of the process of composting waste. See South Carolina Code 44-96-40
  • Composting facility: means any facility used to provide aerobic, thermophilic decomposition of the solid organic constituents of solid waste to produce a stable, humus-like material. See South Carolina Code 44-96-40
  • Computer manufacturer: means a person who:

    (a) manufactures a covered computer device under its own brand for sale or without affixing a brand;

    (b) sells in this State a covered computer device produced by another supplier under its own brand or label;

    (c) imports covered computer devices; provided that if a company from which an importer purchases a covered computer device has a presence or assets in the United States, that company must be considered the manufacturer; or

    (d) manufactures a covered computer device, supplies a covered computer device to a person within a distribution network that includes wholesalers or retailers in this State, and benefits from the sale of a covered device through that distribution network. See South Carolina Code 44-55-827
  • Computer monitor manufacturer: means a person who:

    (a) manufactures a covered computer monitor device under its own brand for sale or without affixing a brand;

    (b) sells in this State a covered computer monitor device produced by another supplier under its own brand or label;

    (c) imports covered computer monitor devices; provided that if a company from which an importer purchases a covered computer monitor device has a presence or assets in the United States, that company must be considered the manufacturer; or

    (d) manufactures a covered computer monitor device, supplies a covered computer monitor device to a person within a distribution network that includes wholesalers or retailers in this State, and benefits from the sale of a covered device through that distribution network. See South Carolina Code 44-55-827
  • Condensate: means liquid hydrocarbons that were originally in the gaseous phase in the reservoir. See South Carolina Code 48-43-10
  • Conditioning: means drying, cleaning, scarifying, and other operations which could change the purity or germination of the seed and require the seed lot to be retested to determine the label information. See South Carolina Code 46-21-15
  • Consent: means assent in fact, whether express or apparent. See South Carolina Code 47-21-20
  • Conservation: means , to minimize or prevent depletion or waste of the water resource. See South Carolina Code 44-56-760
  • Conservation easement: means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991. See South Carolina Code 44-55-610
  • Construction and demolition debris: means discarded solid wastes resulting from construction, remodeling, repair and demolition of structures, road building, and land clearing. See South Carolina Code 44-96-40
  • Construction permit: means a permit issued by the department authorizing the construction of a new public water system or the expansion or modification of an existing public water system. See South Carolina Code 44-55-20
  • Consumer: means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered device primarily for personal or home business use. See South Carolina Code 44-55-827
  • Consumer electronic device stewardship program: means a recycling effort established by the representative organization or manufacturer of a covered television device or covered computer monitor device. See South Carolina Code 44-55-827
  • Consumptive use: means any use of water which is not a nonconsumptive use. See South Carolina Code 44-56-35
  • Contaminant: includes , but is not limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; "contaminant" does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U. See South Carolina Code 44-56-720
  • Contaminated site: means any drycleaning facility or wholesale supply facility and surrounding area where drycleaning solvent has been deposited, stored, disposed of, released, placed, or otherwise come to be located; but does not include any consumer product in consumer use or any container. See South Carolina Code 44-56-410
  • Contamination: means the adulteration or alteration of the quality of the water of a public water system by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article. See South Carolina Code 44-55-20
  • Contamination: means impact by a contaminant, petroleum, or petroleum product. See South Carolina Code 44-56-720
  • Controlled substances: means those substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, 44-53-250, and 44-53-270. See South Carolina Code 44-53-1630
  • convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
  • Cooperative agreement: means an agreement entered into under Section 48-56-30. See South Carolina Code 44-55-10
  • Cost damages: means actual expenditures by the grower for the cost of seed, labor, equipment, fertilizer, insecticide, herbicide, land rent and other directly related costs, less the value received from the crop actually grown and sold. See South Carolina Code 46-21-15
  • County solid waste management plan: means a solid waste management plan prepared, approved, and submitted by a single county pursuant to Section 44-96-80. See South Carolina Code 44-96-40
  • Covered computer device: means a desktop, laptop or notebook computer or a printing device marketed and intended for use by a consumer, but does not include a covered television device. See South Carolina Code 44-55-827
  • Covered computer monitor device: means a display device typically manufactured without an internal tuner that can display pictures and sound and is designed for use with a desktop computer. See South Carolina Code 44-55-827
  • Covered devices: means a covered computer device, covered computer monitor device, and a covered television device marketed and intended for use by a consumer. See South Carolina Code 44-55-827
  • Covered television device: means an electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite including, but not limited to, a direct view or projection television with a viewable screen of nine inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal display, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode, or similar technology marketed and intended for use by a consumer primarily for personal purposes. See South Carolina Code 44-55-827
  • Criminal history: means a federal, state, or local criminal history of conviction or a pending charge or indictment of a crime, whether a misdemeanor or a felony, that bears upon a person's fitness or suitability for an authorization to practice with responsibility for the safety and well-being of others. See South Carolina Code 40-47-20
  • Crop operation: includes a vehicle, building, structure, or premises where a crop is raised, maintained, tested, handled, housed, exhibited, or offered for sale and includes a research facility where research on or testing of crops is conducted. See South Carolina Code 47-21-20
  • Cross-connection: means any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. See South Carolina Code 44-55-20
  • Crustacean: means all forms of crabs, shrimp, crayfish, stone crabs, lobsters, and other motile fish having a chitonized shell excluding snails and horseshoe crabs. See South Carolina Code 50-5-15
  • Dam: means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. See South Carolina Code 49-11-120
  • Danger to life or property: means a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause injury to persons, loss of human life, or damage to property. See South Carolina Code 49-11-120
  • dangerous animal: means an animal of the canine or feline family:

    (1) which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;

    (2) which:

    (a) makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720; or

    (b) commits unprovoked acts in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;

    (3) which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting. See South Carolina Code 47-3-710
  • Date of test: means the month and year the percentage of germination appearing on the label was obtained by laboratory test. See South Carolina Code 46-21-15
  • Dealer: means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter to sell new recreational vehicles to the retail public. See South Carolina Code 49-19-1820
  • Dealership facilities: means the real estate, buildings, fixtures, and improvements devoted to the conduct of business under the franchise by the new motorcycle dealer. See South Carolina Code 49-19-2130
  • Delegated medical acts: means additional acts delegated by a physician or dentist to a physician assistant, respiratory care practitioner, anesthesiologist's assistant, or other practitioner authorized by law under approved written scope of practice guidelines or approved written protocols as provided by law in accordance with the applicable scope of professional practice. See South Carolina Code 40-47-20
  • Delegated medical acts to the APRN: means additional acts delegated by a physician or dentist to the Advanced Practice Registered Nurse (NP, CNM, or CNS) which may include formulating a medical diagnosis and initiating, continuing, and modifying therapies, including prescribing drug therapy, under approved written protocols as provided in Section 40-33-34 and Section 40-47-195. See South Carolina Code 40-47-20
  • Dentist: means a dentist licensed by the South Carolina Board of Dentistry. See South Carolina Code 40-47-20
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-61-510
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-61-630
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Department: means the South Carolina Department of Agriculture. See South Carolina Code 46-41-210
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-2-20
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 48-2-320
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 48-43-510
  • Department: means the South Carolina Department of Health and Environmental Control or its staff or agents. See South Carolina Code 49-11-120
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-55-10
  • Department: means the Department of Natural Resources. See South Carolina Code 48-9-15
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-43-10
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-55-250
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-55-827
  • Department: means the Department of Natural Resources. See South Carolina Code 44-55-2380
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 44-56-35
  • Department: means the South Carolina Department of Health and Environmental Control, including personnel authorized and empowered to act on behalf of the department or board. See South Carolina Code 44-55-20
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-55-1310
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 44-55-2320
  • Department: means the Department of Health and Environmental Control, including personnel thereof authorized by the board to act on behalf of the department or board. See South Carolina Code 44-56-20
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 44-56-215
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 44-56-410
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-96-40
  • Department: means the Department of Natural Resources. See South Carolina Code 44-56-760
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-56-720
  • Department: means the South Carolina Department of Natural Resources. See South Carolina Code 44-96-160
  • Department: means the Department of Natural Resources. See South Carolina Code 44-96-220
  • Department: means the administrative agency known as the Department of Health and Environmental Control. See South Carolina Code 44-61-20
  • Department: means the South Carolina Department of Motor Vehicles. See South Carolina Code 49-19-1820
  • Department: means the Division of Emergency Medical Services and Trauma within the Department of Health and Environmental Control. See South Carolina Code 44-61-310
  • 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
  • Deprive: means :

    (a) to withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

    (b) to restore the animal or other property only upon payment for reward or other compensation; or

    (c) to dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely. See South Carolina Code 47-21-20
  • Designation: means a formal determination by the department that a hospital or health care facility is capable of providing a specified level of trauma care services. See South Carolina Code 44-61-510
  • Detailed inspection: means all studies, investigations, and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. See South Carolina Code 49-11-120
  • Diffuse surface water: means water on the surface of the earth not located in defined courses, streams, or water bodies. See South Carolina Code 44-56-35
  • Diffused surface water: means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies. See South Carolina Code 44-56-760
  • Digital signature: means an electronic signature based upon cryptographic methods of originator authentication and computed by using a set of rules and set of parameters so that the identity of the signer and the integrity of the data can be verified. See South Carolina Code 44-117-310
  • Director: means the Director of the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-61-630
  • Director: means the Director of Regulatory and Public Service Programs, Clemson University. See South Carolina Code 46-25-20
  • Director: means the administrative head of the department appointed by the board. See South Carolina Code 48-9-15
  • Director: means the director of the department or his authorized agent. See South Carolina Code 44-55-2320
  • Director: means the director of the department or his authorized agent. See South Carolina Code 44-56-20
  • Discharge: shall include , but not be limited to, any spilling, leaking, seeping, pouring, emitting, emptying, or dumping which occurs within the territorial limits of the State or outside of the territorial limits of the State and affects lands and waters within the territorial limits of the State. See South Carolina Code 48-43-510
  • Discharge: means leakage, seepage, or other release. See South Carolina Code 44-56-310
  • Discharge: means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of solid waste, including leachate, into or on any land or water. See South Carolina Code 44-96-40
  • Discharge cleanup organization: means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the State, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities. See South Carolina Code 48-43-510
  • Disciplinary action: means a final decision and sanction imposed at the conclusion of a disciplinary proceeding. See South Carolina Code 40-47-20
  • Dispenser: means a person who delivers a Schedule II-IV controlled substance to the ultimate user, but does not include:

    (a) a licensed hospital pharmacy that distributes controlled substances for the purpose of inpatient hospital care or dispenses prescriptions for controlled substances at the time of discharge from the hospital;

    (b) a practitioner or other authorized person who administers these controlled substances; or

    (c) a wholesale distributor of a Schedule II-IV controlled substance. See South Carolina Code 44-53-1630
  • displaced person: means any person who moves from real property as a result of the acquisition or reasonable expectation of acquisition of such real property, which may have been or is subsequently acquired, in whole or in part, for an airport, or as the result of the acquisition for an airport of other real property on which such person conducts a business or farm operation. See South Carolina Code 48-2-310
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. See South Carolina Code 44-56-20
  • Disposal: means the discharge, deposition, injection, dumping, spilling or placing of any solid waste into or on any land or water, so that the substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. See South Carolina Code 44-96-40
  • Disposal rates: means the price paid by customers of a regional disposal facility for disposal of waste, including any price schedule or breakdown of the price into discrete elements or cost components. See South Carolina Code 44-53-1490
  • Distributor: means any person who sells or distributes new motorcycles to motorcycle dealers or who maintains distributor representatives within the State. See South Carolina Code 49-19-2130
  • Distributor: means a person who imports, consigns, manufactures, produces compounds of, mixes, or blends commercial fertilizer or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this State. See South Carolina Code 46-25-20
  • Distributor branch: means a branch office maintained by a distributor who sells or distributes new or used motorcycles to motorcycle dealers. See South Carolina Code 49-19-2130
  • Districts: means the soil and water conservation districts of this State. See South Carolina Code 49-11-120
  • Division: means the Division of Regulatory and Public Service Programs, Clemson University, and its employees, agents, and officials. See South Carolina Code 46-25-20
  • Division: means Land Resources and Conservation Districts Division of the Department of Natural Resources. See South Carolina Code 48-9-15
  • Dormant: means viable seed, excluding hard seed, which fail to germinate when provided the specified germination conditions for the kind of seed in question. See South Carolina Code 46-21-15
  • Drought: means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State. See South Carolina Code 44-56-760
  • Drought contingency pond: means a pond or lake designated solely as a supplemental water source in a surface water withdrawer's operational and contingency plan. See South Carolina Code 44-56-35
  • Drought Response Committee: means the committee created under Section 49-23-60 to be convened to address drought related problems and responses. See South Carolina Code 44-56-760
  • Drug control: means the Department of Health and Environmental Control, Bureau of Drug Control. See South Carolina Code 44-53-1630
  • Drug or alcohol-related overdose: means an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, alcohol, or another substance with which a controlled substance or alcohol was combined, that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance. See South Carolina Code 44-53-1910
  • Dry drop-off facility: means a commercial retail business (including routes) that receives clothing and other fabrics, from customers, for drycleaning or laundering at an off-site drycleaning facility. See South Carolina Code 44-56-410
  • Drycleaning facility: includes laundry facilities that are using or have used drycleaning solvent as part of their cleaning process but does not include textile mills, uniform rental and linen supply facilities, or drycleaning facilities owned or operated by a local, state, or federal government. See South Carolina Code 44-56-410
  • Drycleaning solvent: includes solvent that has been recycled for use at a drycleaning facility and applies only to those solvents used at a drycleaning facility or handled by a wholesale supply facility. See South Carolina Code 44-56-410
  • Effective consent: includes consent by a person legally authorized to act for the owner. See South Carolina Code 47-21-20
  • Electronic transmission: means transmission of information by electronic means, including computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment. See South Carolina Code 44-117-310
  • Eligible trust fund recipient: means :

    (a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values:

    (i) South Carolina Department of Natural Resources,

    (ii) South Carolina Forestry Commission, and

    (iii) South Carolina Department of Parks, Recreation and Tourism. See South Carolina Code 44-55-610
  • Emergency Medical Services Advisory Council: means the emergency medical services council created in Section 44-61-30(c). See South Carolina Code 44-61-510
  • Emergency medical services personnel: means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support prehospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital. See South Carolina Code 44-61-310
  • Employee: means a natural person employed and paid by the owner of a drycleaning facility for thirty-five or more hours a week for forty-five or more weeks a year and on whose behalf the owner contributes payments to the South Carolina Department of Employment and Workforce or Department of Revenue as required by law. See South Carolina Code 44-56-410
  • EMSC Program: means the Emergency Medical Services for Children Program established pursuant to this article and other relevant programmatic activities conducted by the department in support of appropriate treatment, transport, and triage of ill or injured children. See South Carolina Code 44-61-310
  • EMT: means , when used in general terms for emergency medical personnel, an individual possessing a valid, emergency medical technician (EMT), advanced emergency medical technician (AEMT), or paramedic certificate issued by the State pursuant to the provisions of this article. See South Carolina Code 44-61-310
  • Energy recovery: means the beneficial use, reuse, recycling, or reclamation of solid waste through the use of the waste to recover energy therefrom. See South Carolina Code 44-96-40
  • Enlargement: means a change in or an addition to an existing dam or reservoir which raises or may raise the water storage elevation of the water impounded by the dam or reservoir. See South Carolina Code 49-11-120
  • Entity: means a sole proprietorship, partnership, limited liability partnership, limited liability corporation, association, joint venture, cooperative, company, corporation, or other public or private legal entity authorized by law. See South Carolina Code 40-47-20
  • Environmental audit: means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. See South Carolina Code 44-55-250
  • Environmental audit report: means a document marked or identified as such with a completion date existing either individually or as a compilation prepared in connection with an environmental audit. See South Carolina Code 44-55-250
  • Environmental Emergency: means a situation, to be determined by the commissioner, that constitutes an immediate threat to the environment or public health, or both, and providing immediate, but temporary relief to the situation may require the expenditure of funds to effect a solution, provide temporary relief, or retain the services of appropriate technical personnel or contractors. See South Carolina Code 48-2-320
  • Environmental laws: means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters. See South Carolina Code 44-55-250
  • Environmental management system: means an organized set of procedures implemented by the owner or operator of a facility that is based on standards issued by the International Organization for Standardization or an alternative management system or program that is acceptable to the South Carolina Environmental Excellence Program and the department and is designed to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations. See South Carolina Code 44-55-10
  • Equine: means a horse, pony, mule, donkey, or hinny. See South Carolina Code 47-9-710
  • Equine activity: means :

    (a) an equine show, fair, competition, performance, parade, or trail riding that involves a breed of equine and an equine discipline, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and Western performance riding, trail riding and Western games, and hunting. See South Carolina Code 47-9-710
  • Equine activity sponsor: means an individual, a group, a club, a partnership, or a corporation, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, a pony club, 4-H club, hunt club, riding club, school and college-sponsored class, program, and activity, therapeutic riding program, and an operator, instructor, and promoter of an equine facility, including, but not limited to, a stable, clubhouse, ponyride string, fair, and an arena at which the activity is held or a landowner who has given permission for the use of his land in an equine activity either by easement or other means. See South Carolina Code 47-9-710
  • Equine infectious anemia: means a widely spread, virus-caused disease of the horse, commonly known as swamp fever, which is infectious in nature and spreads by improper use of hypodermic needles, other instruments, and insects. See South Carolina Code 47-13-1310
  • Equine professional: means a person engaged for compensation in:

    (a) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;

    (b) renting equipment or tack to a participant; or

    (c) examining or administering medical treatment to an equine as a veterinarian. See South Carolina Code 47-9-710
  • Existing drycleaning facility: means a drycleaning facility that started operation before November 24, 2004. See South Carolina Code 44-56-410
  • Existing groundwater withdrawer: means a groundwater withdrawer withdrawing groundwater or a proposed groundwater user with its wells under construction before January 1, 2000. See South Carolina Code 44-56-215
  • Existing surface water withdrawer: means a surface water withdrawer withdrawing surface water as of the effective date of this chapter or a proposed surface water withdrawer with its intakes under construction before the effective date of this chapter or with all necessary applications for its intake permits deemed administratively complete before January first of the year of the effective date of this act. See South Carolina Code 44-56-35
  • Extreme drought: means that the drought has increased to extreme levels as demonstrated by drought indices. See South Carolina Code 44-56-760
  • Facility: means any site, including all buildings, equipment, and structures located on a single parcel or on contiguous parcels that are owned or operated by the same person, a manufacturing or natural resource management operation, or any business or local government activity that is regulated under any provision of South Carolina environmental law. See South Carolina Code 44-55-10
  • Facility: means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing, or disposing of solid waste. See South Carolina Code 44-96-40
  • Facility operator: means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina. See South Carolina Code 44-53-1490
  • Factory branch: means a branch office maintained by a manufacturer which manufactures or assembles motorcycles for sale to distributors or motorcycle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See South Carolina Code 49-19-2130
  • Fair market value: means the value based on the average market price being paid to producers on a specified date by the three licensed grain dealers nearest the grain dealer involved in the loss. See South Carolina Code 46-41-210
  • family: means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship. See South Carolina Code 48-2-310
  • Family member: means a spouse, child, grandchild, parent, sibling, niece, nephew, or the spouse thereof. See South Carolina Code 49-19-1820
  • farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See South Carolina Code 48-2-310
  • FERC licensee: means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake. See South Carolina Code 44-96-160
  • Field: means the general area underlain by one or more pools. See South Carolina Code 48-43-10
  • Final decision: means an order of the board that concludes a license application proceeding or formal disciplinary proceeding. See South Carolina Code 40-47-20
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
  • Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seeds in this State. See South Carolina Code 46-21-15
  • Formal complaint: means a formal written complaint charging misconduct by a respondent in violation of this chapter, Chapter 1 of Title 40, or any other provision of law. See South Carolina Code 40-47-20
  • Former drycleaning facility: means a drycleaning facility that ceased to be operated as a drycleaning facility before July 1, 1995. See South Carolina Code 44-56-410
  • foundation seed: means seed that has been produced and labeled in accordance with the procedures and in compliance with the regulations of an agency authorized by the laws of this State or the laws of another state. See South Carolina Code 46-21-15
  • Franchise: means the written agreement or contract between any new motorcycle manufacturer, and any new motorcycle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchised product or leases or rents the dealership premises. See South Carolina Code 49-19-2130
  • Fraud: means , in addition to its normal legal connotation: a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; and an intentional failure to disclose a material fact. See South Carolina Code 49-19-2130
  • fund: means a special account established within the Treasurer's Office in which is deposited all fees as authorized by this article to be collected for the department's environmental programs. See South Carolina Code 48-2-20
  • Fund: means the "Environmental Emergency Fund" established pursuant to this article. See South Carolina Code 48-2-320
  • Fund: means Drycleaning Facility Restoration Trust Fund. See South Carolina Code 44-56-410
  • Fund: means the Public Waters Nuisance Abatement Fund. See South Carolina Code 44-96-160
  • Gas: means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir. See South Carolina Code 48-43-10
  • GBI: means the Green Building Initiative. See South Carolina Code 48-52-810
  • Generation: means the act or process of producing solid waste. See South Carolina Code 44-96-40
  • Generator: means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste. See South Carolina Code 44-53-1490
  • Germination: means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, or indicative of the ability to produce a normal plant under favorable conditions. See South Carolina Code 46-21-15
  • Globes: means the level of a building's sustainability and energy efficiency performance as determined by GBI's Green Globes Rating System. See South Carolina Code 48-52-810
  • Grade: means the percentage of nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. See South Carolina Code 46-25-20
  • Grain: means any feed grains or oil seeds, except cotton seeds. See South Carolina Code 46-41-210
  • Grain dealer: means any person engaged in this State in buying, receiving, selling, exchanging, negotiating, processing for resale, or soliciting the sale, resale, exchange, or transfer of grain purchased from the producer or his agent or representative or received to be handled on a net return basis from the producer. See South Carolina Code 46-41-210
  • Green Globes Rating System: means the environmental building rating system established by the Green Building Initiative. See South Carolina Code 48-52-810
  • Groundwater: means water in the void spaces of geologic materials within the zone of saturation. See South Carolina Code 44-56-215
  • Groundwater: means water beneath the land surface in the saturated zone. See South Carolina Code 44-96-40
  • 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 44-56-215
  • 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 44-56-215
  • Guaranteed analysis: means the minimum percentage of plant nutrients claimed in accordance with Section 46-25-30. See South Carolina Code 46-25-20
  • Halogenated drycleaning fluid: means any nonaqueous solvent formulated, in whole or in part, with ten percent or more by volume of any of the halogenated compounds including, but not limited to, chlorine, bromine, fluorine, or iodine. See South Carolina Code 44-56-410
  • Hard seeds: means seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat. See South Carolina Code 46-21-15
  • Hazardous materials: means all materials and substances defined as hazardous by any state or federal law or regulation. See South Carolina Code 44-56-310
  • Hazardous waste: means any waste, or combination of wastes, of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may in the judgment of the department:

    a. See South Carolina Code 44-56-20
  • Hazardous waste: has the meaning provided in Section 44-56-20 of the South Carolina Hazardous Waste Management Act. See South Carolina Code 44-96-40
  • Hazardous waste management: means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. See South Carolina Code 44-56-20
  • High-performance building: means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment. See South Carolina Code 48-52-810
  • Horse: means a member of the equine family over six months of age including horses, mules, asses, zebras, or other equidae. See South Carolina Code 47-13-1310
  • Humane society: means an unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals. See South Carolina Code 47-3-470
  • Hybrid: means the first generation seed of a cross produced by controlling the pollination and by combining:

    (a) two or more inbred lines;

    (b) one inbred or a single cross with an open pollinated variety; or

    (c) two varieties or species, except open-pollinated varieties of corn (Zea mays). See South Carolina Code 46-21-15
  • Illegal Gas: means gas that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the department. See South Carolina Code 48-43-10
  • Illegal Oil: means oil that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the department. See South Carolina Code 48-43-10
  • Illegal Product: means any product derived in whole or in part from illegal oil or illegal gas. See South Carolina Code 48-43-10
  • Immediate family: means a person's spouse. See South Carolina Code 44-61-20
  • Impoundment: means a dam, dike, natural structure, or any combination thereof that is designed to hold an accumulation of surface water or impede the flow of surface water. See South Carolina Code 44-56-35
  • Inactive license: means the official temporary retirement of a person's authorization to practice upon the person's notice to the board that the person does not wish to practice. See South Carolina Code 40-47-20
  • Incineration: means the use of controlled flame combustion to thermally break down solid, liquid, or gaseous combustible wastes, producing residue that contains little or no combustible materials. See South Carolina Code 44-96-40
  • Incompetence: means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. See South Carolina Code 40-47-20
  • Independent credentials verification organization: means an entity approved by the board to provide primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State. See South Carolina Code 40-47-20
  • Industrial waste: means solid waste that results from industrial processes including, but not limited to, factories and treatment plants. See South Carolina Code 44-96-40
  • Inert matter: means all matter not seed, which includes broken seed, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by regulation. See South Carolina Code 46-21-15
  • Infectious waste: has the meaning given in Section 44-93-20 of the South Carolina Infectious Waste Management Act. See South Carolina Code 44-96-40
  • Inherent risk of equine activity: means those dangers or conditions which are an integral part of equine activities, including, but not limited to:

    (a) the propensity of an equine to behave in ways that may result in injury, harm, or death to a person on or around the equine;

    (b) the unpredictability of an equine's reaction to sound, sudden movement, an unfamiliar object, a person, or another animal;

    (c) certain hazards such as surface and subsurface conditions;

    (d) collisions with other equines or objects; and

    (e) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, as failing to maintain control over the animal or not acting within the participant's ability. See South Carolina Code 47-9-710
  • Inherent risk of skating: means those dangers or risks which are an integral part of ice or roller skating including, but not limited to, injuries which result from contact with other skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the skater. See South Carolina Code 46-41-20
  • Initial complaint: means a brief statement that alleges misconduct on the part of a licensee. See South Carolina Code 40-47-20
  • Initial licensure: means the first authorization to practice issued to a person by a licensing authority in this State or any other state. See South Carolina Code 40-47-20
  • Innovative environmental approaches: means procedures, practices, technologies, or systems that are designed to achieve superior environmental performance when applied by doing one or more of the following:

    (a) achieving emissions reductions or reductions in discharges of waste that exceed otherwise applicable statutory and regulatory requirements;

    (b) providing for alternative monitoring, testing, recordkeeping, notification, or reporting requirements that reduce the administrative burden on the department or the participant and providing the information needed to ensure compliance with the cooperative agreement and other applicable provisions of South Carolina environmental law; or

    (c) achieving natural resource conservation or reductions in the use of natural resources or energy consumption. See South Carolina Code 44-55-10
  • Interbasin transfer: means the withdrawal of surface water from a river basin and the movement of that water to a river basin different from the source of the withdrawal. See South Carolina Code 44-56-35
  • Interested person: means a person or a representative of a person who, due to his proximity to a facility, is or may be affected by the activities at the facility that is covered or proposed to be covered by a cooperative agreement. See South Carolina Code 44-55-10
  • Interests in lands: means fee simple titles to lands or conservation easements. See South Carolina Code 44-55-610
  • Investigative Review Committee: means a professional peer review committee that is convened by the department when the findings of an official investigation against an entity or an individual regulated by the department may warrant suspension or revocation of a license or certification. See South Carolina Code 44-61-20
  • Isolation: means confinement of a reactor horse to an area not less than two hundred yards from another unaffected horse until a blood sample submitted from the reactor horse provides a negative Coggins test from a laboratory approved within the State or death. See South Carolina Code 47-13-1310
  • Joint Commission: means the Joint Commission, formerly known as the Joint Commission on Accreditation of Healthcare Organizations, a not-for-profit organization that accredits hospitals and other health care organizations. See South Carolina Code 44-61-630
  • Just and Equitable Share of the Production: means , as to each person, that part of the authorized production from the pool that is substantially in the proportion that the amount of recoverable oil or gas or both in the developed areas of his tract or tracts in the pool bears to the recoverable oil or gas or both in the total of the developed areas in the pool. See South Carolina Code 48-43-10
  • Kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See South Carolina Code 46-21-15
  • Label: means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See South Carolina Code 46-25-20
  • Labeling: means a tag or other device attached to or written, stamped, or printed on a container or accompanying a lot of bulk seed purporting to set forth the information required on the seed label by this act, and it may include other information relating to the labeled seed. See South Carolina Code 46-21-15
  • Labeling: means all written, printed, or graphic matter upon or accompanying commercial fertilizer or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizers. See South Carolina Code 46-25-20
  • Lake: means Lake Paul A. See South Carolina Code 44-96-220
  • Land: means real property, including highlands and wetlands of any description. See South Carolina Code 44-55-610
  • Land-clearing debris: means solid waste which is generated solely from land-clearing activities, but does not include solid waste from agricultural or silvicultural operations. See South Carolina Code 44-96-40
  • Landfill: means a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well. See South Carolina Code 44-96-40
  • lands: as used in this chapter shall be held to cover and include railroads and all property assessed for benefits. See South Carolina Code 49-19-40
  • Lawn and turf: means seeds of the grass family (Poaceae) that are used within the industry for lawn and turf applications. See South Carolina Code 46-21-15
  • Lead-acid battery: means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery which means a lead-acid battery weighing twenty-five pounds or less, used in non-vehicular, non-SLI (start lighting ignition) applications. See South Carolina Code 44-96-40
  • LEED: means the U. See South Carolina Code 48-52-810
  • LEED Silver standard: means the Silver standard as set forth by USGBC's LEED Green Building Rating System. See South Carolina Code 48-52-810
  • Legal guardian: means a person who is lawfully invested with the power, and charged with the obligation of, taking care of and managing the property and rights of a person who, because of age, understanding, or self-control, is considered incapable of administering his or her own affairs. See South Carolina Code 44-61-20
  • License: means an authorization to a person, firm, corporation, or governmental division or agency to provide emergency medical services in the State. See South Carolina Code 44-61-20
  • License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
  • Licensed in good standing: means that one's authorization to practice has not been revoked and there are no restrictions or limitations currently in effect. See South Carolina Code 40-47-20
  • Licensed lake: means a public water of the State consisting of an impoundment and its associated hydropower facility that is licensed by the Federal Energy Regulatory Commission (FERC). See South Carolina Code 44-96-160
  • Licensee: means any person, firm, corporation, or governmental division or agency possessing authorization, permit, license, or certification to provide emergency medical service in this State. See South Carolina Code 44-61-20
  • Limited license: means a current time-limited and practice-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
  • Line make: means a specific series of recreational vehicle products that:

    (a) are identified by a common series trade name or trademark;

    (b) are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;

    (c) have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;

    (d) belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and

    (e) the manufacturer/dealer agreement authorizes a dealer to sell. See South Carolina Code 49-19-1820
  • Litter: means all waste material including, but not limited to, bottles, glass, crockery, cans, paper, plastic, rubber, garbage, offal, waste building material at construction sites, disposable packages, or containers thrown or deposited as prohibited by the provisions of this chapter but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. See South Carolina Code 44-53-1810
  • Livestock: includes neat cattle, horses, mules, asses, hogs, sheep and goats; and

    (2) "Owner" and "stock owner" mean any person who owns livestock. See South Carolina Code 47-9-210
  • Local government: means a county, any municipality located wholly or partly within the county, and any other political subdivision located wholly or partly within the county when such political subdivision provides solid waste management services. See South Carolina Code 44-96-40
  • Loss: means any monetary loss over and beyond the amount protected by the dealer's bond as a result of doing business with a dealer which includes, but is not limited to, bankruptcy, embezzlement, or fraud. See South Carolina Code 46-41-210
  • Lot: means a definite quantity of seed identified by a unique lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See South Carolina Code 46-21-15
  • Maintenance: means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers. See South Carolina Code 44-53-1490
  • Major facility project: means :

    (i) a state-funded new construction building project in which the building to be constructed is larger than ten thousand gross square feet;

    (ii) a state-funded renovation project in which the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or

    (iii) a state-funded commercial interior tenant fit-out project that is larger than seven thousand five hundred square feet of leasable area. See South Carolina Code 48-52-810
  • Manager: means the person coordinating the EMSC Program within the Department of Health and Environmental Control. See South Carolina Code 44-61-310
  • Manifest: means the form used for identifying the quantity, composition, or origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See South Carolina Code 44-56-20
  • Manufacturer: means any person, resident, or nonresident who manufacturers or assembles new motorcycles, or imports for distribution through distributors of motor vehicles, including any person, partnership, or corporation which acts for and is under the control of a manufacturer or assembler in connection with the distribution of motorcycles and includes distributor and factory branch. See South Carolina Code 49-19-2130
  • Manufacturer: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles. See South Carolina Code 49-19-1820
  • Memorandum of Agreement: means a document that must be executed by the Chairman of the Maritime Security Commission and the Attorney General of South Carolina on behalf of the State and the United States Navy, detailing fiduciary duties, potential liability, and federal support issues for a South Carolina Naval Militia and must be renewed every five years. See South Carolina Code 47-13-60
  • Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
  • Minimal changes in water quantity: means that greater than ninety percent of the water withdrawn by a surface water withdrawer, based upon the previous twenty-four months of historical data, is returned to the waters of origin; provided, that either the amount of water not returned to the water source does not:

    (a) exceed three million gallons during any one month; or

    (b) significantly reduce the safe yield at the withdrawal point. See South Carolina Code 44-56-35
  • Minimum instream flow: means the flow that provides an adequate supply of water at the surface water withdrawal point to maintain the biological, chemical, and physical integrity of the stream taking into account the needs of downstream users, recreation, and navigation and that flow is set at forty percent of the mean annual daily flow for the months of January, February, March, and April; thirty percent of the mean annual daily flow for the months of May, June, and December; and twenty percent of the mean annual daily flow for the months of July through November for surface water withdrawers as described in Section 49-4-150(A)(1). See South Carolina Code 44-56-35
  • Minimum water level: means the water level in an impoundment necessary to maintain the biological, chemical, and physical integrity of the surface water in the impoundment taking into account downstream uses, withdrawals from the impoundment, and recreational and navigational needs as established by an existing federal regulatory process or established through consultation between the department and the operator of the impoundment. See South Carolina Code 44-56-35
  • Misconduct: means violation of any of the provisions of this chapter or regulations promulgated by the board pursuant to this chapter or violation of any of the principles of ethics as adopted by the board or incompetence or unprofessional conduct. See South Carolina Code 40-47-20
  • mixture: means seed consisting of more than one kind, each in excess of five percent by weight of the whole. See South Carolina Code 46-21-15
  • Moral turpitude: means behavior that is not in conformity with and is considered deviant by societal standards. See South Carolina Code 44-61-20
  • Motorcycle: means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than two wheels in contact with the ground. See South Carolina Code 49-19-2130
  • motorcycle dealer: means any person who sells or attempts to effect the sale of any motorcycle. See South Carolina Code 49-19-2130
  • Municipal solid waste landfill: means any sanitary landfill or landfill unit, publicly or privately owned, that receives household waste. See South Carolina Code 44-96-40
  • Navigation: means the ability of a registered or documented self-propelled watercraft equipped with motor and rudder controls located at a point on the watercraft from which there is forward visibility over at least a one hundred eighty degree range to navigate to a department approved marine pump-out station. See South Carolina Code 44-96-160
  • NCCPA: means the National Commission on Certification of Physician Assistants, Inc. See South Carolina Code 40-47-910
  • New drycleaning facility: means a drycleaning facility that started operation on or after November 24, 2004. See South Carolina Code 44-56-410
  • New groundwater withdrawer: means a person who becomes a groundwater withdrawer after December 31, 1999, except for a proposed groundwater withdrawer with its wells under construction before January 1, 2000. See South Carolina Code 44-56-215
  • New motorcycle: means a motorcycle which has not been previously sold to any person except a distributor or wholesaler or motorcycle dealer for resale. See South Carolina Code 49-19-2130
  • New recreational vehicle: means a recreational vehicle that has never been sold to the retail public nor titled or registered in any state. See South Carolina Code 49-19-1820
  • Nonconsumptive use: means a use of surface water withdrawn in such a manner that it is returned to its waters of origin within the boundaries of contiguous property owned by the surface water withdrawer with no or minimal changes in water quantity. See South Carolina Code 44-56-35
  • Nonhalogenated drycleaning fluid: means any nonaqueous solvent used in a drycleaning facility that contains less than ten percent by volume of any halogenated drycleaning fluid. See South Carolina Code 44-56-410
  • Nonresponsible party: means any party which is neither:

    (i) a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor

    (ii) a parent, subsidiary of, or successor to a responsible party. See South Carolina Code 44-56-720
  • Office: means the Office of Regulatory Staff. See South Carolina Code 44-53-1490
  • Office: means the Office of Solid Waste Reduction and Recycling established within the Department of Health and Environmental Control pursuant to Section 44-96-110. See South Carolina Code 44-96-40
  • Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir. See South Carolina Code 48-43-10
  • Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
  • Operating permit: means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system. See South Carolina Code 44-55-20
  • Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
  • Operator: means a person or entity who owns, manages, controls or directs, or who has operational responsibility for an ice or roller skating rink. See South Carolina Code 46-41-20
  • Order: means a written document prepared and issued by the department which mandates specific actions to be accomplished by a dam owner within a specified time frame. See South Carolina Code 49-11-120
  • Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See South Carolina Code 46-21-15
  • Osteopathic medicine: means a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems. See South Carolina Code 40-47-20
  • Other crop seed: means seeds of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by regulation. See South Carolina Code 46-21-15
  • Oversight costs: means those costs, both direct and indirect, incurred by the department in implementing the voluntary cleanup program. See South Carolina Code 44-56-720
  • owner: means a person who owns or has custody or control of the animal. See South Carolina Code 47-3-710
  • Owner: means any person owning a terminal facility; "operator" means any person operating a terminal facility, whether by lease, contract, or other form of agreement. See South Carolina Code 48-43-510
  • Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
  • Owner: means those who own, control, operate, maintain, manage, or propose to construct a dam or reservoir. See South Carolina Code 49-11-120
  • Owner: means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor. See South Carolina Code 47-21-20
  • Owner: means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas that he produces therefrom, either for himself or for himself and others. See South Carolina Code 48-43-10
  • owner: as used in this chapter shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication or served by process but shall be represented by the present owner of the freehold estate in any proceedings under this chapter. See South Carolina Code 49-19-30
  • Participant: means a person, amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See South Carolina Code 47-9-710
  • Participating providers: means those providers that have been approved by the department for participation in the trauma system and include, but are not limited to, designated trauma centers, designated rehabilitation facilities, and designated fee for service physicians who provide trauma care within a designated facility. See South Carolina Code 44-61-510
  • Passive soil-based on-site disposal system: means a nongravel, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, served by either gravity or pump distribution, without the use of communitywide sewers or a centralized treatment facility. See South Carolina Code 44-55-1310
  • Patient: means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed, or both. See South Carolina Code 44-53-1630
  • Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See South Carolina Code 44-61-20
  • Patient prescription drug information: means data that is conveyed by or on behalf of a practitioner in ordering a prescription drug or device before being dispensed and that identifies the patient as the recipient of the prescription drug or device. See South Carolina Code 44-117-20
  • Percent: means the percentage by weight. See South Carolina Code 46-25-20
  • Performance evaluation: means a systematic, documented, and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental operations of the facility, including an evaluation of compliance with the cooperative agreement covering the facility, approvals that are not replaced by the cooperative agreement and the provisions of South Carolina environmental law for which a participant has not been granted a variance. See South Carolina Code 44-55-10
  • Permit: means the process by which the department can ensure cognizance of, as well as control over the management of hazardous wastes. See South Carolina Code 44-56-20
  • Permit: means an authorization issued for an ambulance vehicle which meets the standards adopted pursuant to this article. See South Carolina Code 44-61-20
  • 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 44-56-215
  • Permitted surface water withdrawer: means a person withdrawing surface water pursuant to a surface water withdrawal permit. See South Carolina Code 44-56-35
  • Permittee: means a person authorized to make withdrawals of surface water pursuant to a surface water withdrawal permit issued by the department. See South Carolina Code 44-56-35
  • Permittee: means a person having obtained a permit to construct or a groundwater withdrawal permit issued in accordance with Sections 49-5-60 and 49-5-110. See South Carolina Code 44-56-215
  • Person: means a natural person, corporation, partnership, trust, or other entity, and in case of an entity, includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors, and other persons in active control of the activities of each such entity. See South Carolina Code 49-19-1820
  • Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See South Carolina Code 46-21-15
  • Person: includes individual, partnership, association, firm, and corporation. See South Carolina Code 46-25-20
  • Person: means any individual, partnership, joint venture, corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity. See South Carolina Code 48-43-510
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Person: means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states. See South Carolina Code 44-53-1490
  • Person: means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity. See South Carolina Code 47-21-20
  • Person: means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. See South Carolina Code 44-55-10
  • Person: means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representatives of any kind, and includes any government or any political subdivision or any agency thereof. See South Carolina Code 48-43-10
  • 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 44-55-20
  • Person: means an individual, firm, partnership, trust, estate, association, public or private institution, municipality, or political subdivision, governmental agency, public water system, or a private or public corporation or other legal entity organized under the laws of this State or any other state or county. See South Carolina Code 44-56-35
  • Person: means an individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity. See South Carolina Code 44-55-2320
  • Person: means any individual, partnership, corporation, association, or other entity. See South Carolina Code 44-56-310
  • 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 44-56-215
  • Person: means an individual, partnership, corporation, association, trust, estate, receiver, company, limited liability company, or another entity or group. See South Carolina Code 44-56-410
  • Person: means all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or another state or country. See South Carolina Code 44-56-760
  • Person: means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. See South Carolina Code 44-96-40
  • person: means (1) any individual, partnership, corporation or association which is the owner of a business; (2) any owner, part owner, tenant, or sharecropper who operates a farm; (3) an individual who is the head of a family; or (4) an individual not a member of a family. See South Carolina Code 48-2-310
  • Person: means a natural person, male or female. See South Carolina Code 40-47-20
  • petroleum product: means crude oil or any fraction of crude oil which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See South Carolina Code 44-56-720
  • Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 44-53-1810
  • Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 40-47-20
  • Physician assistant: means a health care professional licensed to assist in the practice of medicine with a physician supervisor. See South Carolina Code 40-47-910
  • plant: includes seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other plant parts used in the propagation of field crops, vegetables, fruits, flowers, or other plants. See South Carolina Code 46-21-665
  • Plastic bottle: means a plastic container intended for single use, which has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons. See South Carolina Code 44-96-40
  • Plastic container: means any container having a wall thickness of not less than one one-hundredth of an inch used to contain beverages, foods, or nonfood products and composed of synthetic polymeric materials. See South Carolina Code 44-96-40
  • Pollutant: means any emission that significantly derogates the quality of the air, water or land. See South Carolina Code 48-43-10
  • Pollutants: shall include oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof. See South Carolina Code 48-43-510
  • Pollution: means the presence in the outdoor atmosphere or waters of the States of any one or more substances or pollutants, in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. See South Carolina Code 48-43-510
  • Pollution: means :

    (a) the presence in the environment of any substance including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination of these in a quantity and of characteristics and duration:

    (i) as may cause or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure, or degraded;

    (ii) which is or tends to be injurious to human health or welfare;

    (iii) which damages property, plant, animal or marine life or use of property; or

    (b) the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. See South Carolina Code 44-55-10
  • Pollution: means the act of emitting pollutants into the air or water or onto the land. See South Carolina Code 48-43-10
  • Pool: means an underground reservoir containing a common accumulation of oil and gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool. See South Carolina Code 48-43-10
  • Port: means a developed area of maritime commerce. See South Carolina Code 47-13-60
  • Practice of Medicine: means :

    (a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;

    (b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

    (c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management or pregnancy and parturition;

    (d) offering or undertaking to perform any surgical operation upon a person;

    (e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;

    (f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient is the practice of medicine subject to all of the powers provided to the Board of Medical Examiners, except as provided in Section 38-59-25;

    (g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr. See South Carolina Code 40-47-20
  • Practitioner: means a licensed health care professional authorized under state law to order a prescription drug or device. See South Carolina Code 44-117-20
  • Practitioner: means a health care professional licensed in this State who is authorized by law to issue prescription drug orders. See South Carolina Code 44-117-310
  • Practitioner: means an individual authorized pursuant to state and federal law to prescribe controlled substances. See South Carolina Code 44-53-1630
  • Practitioner: means a person who has been issued an authorization to practice in this State. See South Carolina Code 40-47-20
  • Prehospital care: means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider. See South Carolina Code 44-61-310
  • Prescription drug or device: means a drug or device that is dispensed pursuant to the order of a practitioner. See South Carolina Code 44-117-20
  • prescription drug order: means a lawful order of a practitioner for a drug or device for a specific patient that is communicated to a pharmacist. See South Carolina Code 44-117-310
  • Presiding officer: means the chairman of the hearing panel or a designee. See South Carolina Code 40-47-20
  • Private hearing: means a discussion of facts between the person charged and the enforcement officer. See South Carolina Code 46-21-15
  • Private reprimand: means a statement by the board that misconduct was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document. See South Carolina Code 40-47-20
  • Privileges: means that based upon title or membership, an individual is entitled to accommodations of the naval service and such recognition by other services of this State. See South Carolina Code 47-13-60
  • privy: as used in this article shall be understood to include any and all buildings which are not connected with a system of sewage or with septic tanks of such construction and maintenance as are approved by the State Department of Health and Environmental Control and which are used for affording privacy in acts of urination or defecation. See South Carolina Code 44-55-210
  • Probation: means the issuance of an authorization to practice conditioned upon compliance with terms and conditions imposed by a licensing board in this State or another state. See South Carolina Code 40-47-20
  • Producer: means any producer of grain. See South Carolina Code 46-41-210
  • Producer: means the owner of a well or wells capable of producing oil or gas or both. See South Carolina Code 48-43-10
  • Product: means any commodity made from oil or gas, and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubrication oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not. See South Carolina Code 48-43-10
  • Program: means a consumer electronic device stewardship program. See South Carolina Code 44-55-827
  • Program year: means the calendar year. See South Carolina Code 44-55-827
  • Prohibited noxious weed seeds: means those seeds that are prohibited from being present in agricultural, vegetable, or flower seed and are the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See South Carolina Code 46-21-15
  • Property: means that portion of the site which is subject to the ownership, prospective ownership, or possessory or contractual interest of a responsible party or a nonresponsible party. See South Carolina Code 44-56-720
  • Property owner: means a person who is vested with ownership, dominion, or legal or rightful title to the real property or who has a ground lease interest in the real property on which a drycleaning or wholesale supply facility is or has ever been located. See South Carolina Code 44-56-410
  • Proposed registered surface water withdrawer: means a proposed surface water withdrawer whose planned operations would result in his withdrawals being subject to the reporting but not the permitting requirements of this chapter. See South Carolina Code 44-56-35
  • Protect Correlative Rights: means that the action or regulation by the department should afford a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in his tract or tracts or the equivalent thereto, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent. See South Carolina Code 48-43-10
  • PSC: means the South Carolina Public Service Commission. See South Carolina Code 44-53-1490
  • public authority: means the Division of Aeronautics of the State Fiscal Accountability Authority, a municipality, a county or other political subdivision of this State, separately or jointly, authorized to acquire land, air rights, safety markers, and lights as provided in Chapter 9, Title 55. See South Carolina Code 48-2-310
  • Public or private animal refuge: means harborers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats. See South Carolina Code 47-3-470
  • Public reprimand: means a publicly available statement of the board that misconduct was committed by a person authorized to practice. See South Carolina Code 40-47-20
  • Public swimming pool: means an artificial structure used to impound water to provide for such recreational uses as bathing, swimming, diving, wading, spraying, sliding, floating, rafting, or other similar usage which is not built in connection with a single family residence and the use of which is not confined to the family of the residence and its private guests, or which is not owned, constructed, operated, or maintained by a church, synagogue, or religious organization. See South Carolina Code 44-55-2320
  • 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 44-55-20
  • Pure seed: means seed exclusive of inert matter and all other seeds not of the seed being considered as determined by methods defined by regulation. See South Carolina Code 46-21-15
  • Quarantine: means confinement of an exposed horse to an area not less than two hundred yards from another unaffected horse, with no horses being admitted or leaving the premises. See South Carolina Code 47-13-1310
  • 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 44-56-215
  • Reactivation: means the restoration to active status of an authorization from inactive status. See South Carolina Code 40-47-20
  • Reactor: means a horse that reacts positively to an approved serological test performed by an approved laboratory. See South Carolina Code 47-13-1310
  • Recovered materials: means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. See South Carolina Code 44-96-40
  • Recovered Materials Processing Facility: means a facility engaged solely in the recycling, storage, processing, and resale or reuse of recovered materials. See South Carolina Code 44-96-40
  • Recoverer: means a person that reuses or recycles a covered device. See South Carolina Code 44-55-827
  • Recreational vehicle: means a motorhome, travel trailer, fifth-wheel trailer, or folding camping trailer designed to provide temporary living quarters for recreational, camping, or travel use, as defined herein. See South Carolina Code 49-19-1820
  • Recyclable material: means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. See South Carolina Code 44-96-40
  • Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products (including composting). See South Carolina Code 44-96-40
  • Region: means a group of counties in South Carolina which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the department pursuant to Section 44-96-80. See South Carolina Code 44-96-40
  • Regional disposal facility: means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility. See South Carolina Code 44-53-1490
  • Regional generator: means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. See South Carolina Code 44-53-1490
  • Regional solid waste management plan: means a solid waste management plan prepared, approved, and submitted by a group of counties in South Carolina pursuant to Section 44-96-80. See South Carolina Code 44-96-40
  • Regional waste: means waste generated within a member state of the Atlantic Compact. See South Carolina Code 44-53-1490
  • Registered surface water withdrawer: means a person who makes surface water withdrawals for agricultural uses at an agricultural facility that is filing a report pursuant to Section 49-4-50. See South Carolina Code 44-56-35
  • Registrant: is a terminal facility required to possess a valid registration certificate to operate as a terminal facility. See South Carolina Code 48-43-510
  • Registrant: means the person who registers commercial fertilizer under this chapter. See South Carolina Code 46-25-20
  • Reinstatement: means an action of the board in a disciplinary matter that authorizes the resumption of practice upon any terms or conditions ordered or agreed to by the board. See South Carolina Code 40-47-20
  • Release: means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of drycleaning solvent. See South Carolina Code 44-56-410
  • Relinquish: means to permanently cancel or invalidate an authorization instead of disciplinary proceedings or final decision by the board. See South Carolina Code 40-47-20
  • Removal: means destruction or breaching of an existing dam or drainage of water impoundment or reservoir. See South Carolina Code 49-11-120
  • Removal: means to completely extricate the entire structure from the public waters of this State. See South Carolina Code 44-96-160
  • Representative organization: means an organization created to develop and oversee implementation of a statewide plan consisting of one or more consumer electronic device stewardship programs, both in the State and in other jurisdictions that authorize such a representative organization. See South Carolina Code 44-55-827
  • Reservoir: means a reservoir which contains the impoundment of water by a dam or reservoir. See South Carolina Code 49-11-120
  • Resource recovery: means the process of obtaining material or energy resources from solid waste which no longer has any useful life in its present form and preparing the waste for recycling. See South Carolina Code 44-96-40
  • Resource recovery facility: means a combination of structures, machinery, or devices utilized to separate, process, modify, convert, treat, or prepare collected solid waste so that component materials or substances or recoverable resources may be used as a raw material or energy source. See South Carolina Code 44-96-40
  • Respiratory care or respiratory therapy: means the allied health profession or specialty which provides educational, therapeutic, or diagnostic procedures utilized in the prevention, detection, and management of deficiencies or abnormalities, or both, of the cardiopulmonary systems. See South Carolina Code 40-47-510
  • Respiratory care practitioner: means a respiratory therapist or a respiratory therapy technician licensed to practice respiratory therapy who is a graduate of a school for respiratory therapy approved by the American Medical Association or a successor accrediting authority recognized as such by the board. See South Carolina Code 40-47-510
  • Respondent: means a person charged with responding in a disciplinary or other administrative action. See South Carolina Code 40-47-20
  • Response action: is a ny cleanup, containment, inspection, or closure of a site ordered by the director as necessary to remedy actual or potential damages to public health, the public welfare, or the environment. See South Carolina Code 44-56-20
  • Response action: means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment. See South Carolina Code 44-56-720
  • Responsible party: means :

    (a) the owner and operator of a vessel or a facility, as these terms are defined in CERCLA;

    (b) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, as these terms are defined in CERCLA;

    (c) any person who by contract, settlement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, as these terms are defined in CERCLA; and

    (d) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, or sites selected by such person, from which there is a release or a threatened release which causes the incurrence of response costs of a hazardous substance, as such terms are defined in CERCLA; and

    (e) any person who owns or operates or who owned or operated an above ground or underground storage tank from which petroleum or petroleum products have been released or who owns and operates or who owned or operated a property on which a petroleum release has occurred; however, the exemptions of Section 44-2-80(B) and (C) apply. See South Carolina Code 44-56-720
  • Restricted fertilizer: means a commercial fertilizer having a potential explosive capacity that is determined by the commission to present an unreasonable threat to public safety. See South Carolina Code 46-25-20
  • Restricted noxious weed seeds: means those weed seeds that are objectionable in agricultural crops, lawns, and gardens of this State and may be controlled by good cultural practices or the use of herbicides. See South Carolina Code 46-21-15
  • Retailer: means a person engaged in retail sales. See South Carolina Code 44-55-827
  • Reuse: means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity. See South Carolina Code 44-96-40
  • Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
  • Revocation: means that the department has permanently voided a license or certificate and the holder no longer may perform the function associated with the license, or certificate. See South Carolina Code 44-61-20
  • Rigid plastic container: means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more, but less than five gallons. See South Carolina Code 44-96-40
  • River basin: means the area drained by a river and its tributaries or through a specified point on a river, as determined in Section 49-4-80(K)(2). See South Carolina Code 44-56-35
  • Routing company: means a business that electronically receives a prescription or any other confidential information from a prescriber and transmits the prescription or confidential information to or from the pharmacy specified by the patient in accordance with a contract between the routing company and the prescriber or a company that provides computer software for the management of the prescriber's practice. See South Carolina Code 44-117-310
  • Royalty owner: means the person who pursuant to a lease arrangement with another has the right to receive, free of costs, an allocation of production or payments based upon the value of production. See South Carolina Code 48-43-10
  • Safe yield: means the amount of water available for withdrawal from a particular surface water source in excess of the minimum instream flow or minimum water level for that surface water source. See South Carolina Code 44-56-35
  • Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motorcycle or interest therein or of any franchise related thereto and any option, subscription, or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether spoken or written. See South Carolina Code 49-19-2130
  • Saltwater gamefish: means a species of saltwater fish designated as a saltwater gamefish in this title. See South Carolina Code 50-5-15
  • Sanitary landfill: means a solid waste disposal facility regulated by the Department of Health and Environmental Control. See South Carolina Code 48-43-10
  • Secondary lead smelter: means a facility which produces metallic lead from various forms of lead scrap, including used lead-acid batteries. See South Carolina Code 44-96-40
  • seed: as used in this article refers to the true seeds of all field crops, vegetables, flowers, or other plants. See South Carolina Code 46-21-665
  • Seeks medical assistance: means seeking medical assistance by contacting the 911 system, a law enforcement officer, or emergency services personnel. See South Carolina Code 44-53-1910
  • Seizure: means a legal process carried out by court order against a definite amount of seed. See South Carolina Code 46-21-15
  • sell: means a transfer for consideration of title including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not mean leases. See South Carolina Code 44-55-827
  • Severe drought: means that the drought has increased to severe levels as demonstrated by drought indices. See South Carolina Code 44-56-760
  • Sexually mature animal: means a dog or cat that has reached the age of one hundred eighty days or six months or more. See South Carolina Code 47-3-470
  • Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
  • Shoreline: means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean. See South Carolina Code 50-5-15
  • Significant disciplinary action: means a public decision in a disciplinary matter that involves substantial issues of professional or ethical competence or qualification to practice. See South Carolina Code 40-47-20
  • Site: means all areas where a contaminant, petroleum, or petroleum product has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; "site" does not include any consumer product in consumer use or any vessel. See South Carolina Code 44-56-720
  • Site operator: means a facility operator. See South Carolina Code 44-53-1490
  • Skater: means a person wearing ice skates while in an ice skating rink or roller skates in a roller skating rink for the purpose of recreational or competitive skating without regard to whether the person paid consideration. See South Carolina Code 46-41-20
  • Skating rink: means a building, facility, or premises which provides an area specifically designed to be used by the public for recreational or competitive ice or roller skating. See South Carolina Code 46-41-20
  • Soil amendment: includes every substance or mixture of substances that is intended to improve the physical characteristics of the soil, except commercial fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, and other materials exempted by regulation. See South Carolina Code 46-25-20
  • Solid waste: means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. See South Carolina Code 44-96-40
  • Solid waste disposal facility: means any solid waste management facility or part of a facility at which solid waste is intentionally placed into or on any land or water and at which waste will remain after closure. See South Carolina Code 44-96-40
  • Solid waste management: means the systematic control of the generation, collection, source separation, storage, transportation, treatment, recovery, and disposal of solid waste. See South Carolina Code 44-96-40
  • Solid waste management facility: means any solid waste disposal area, volume reduction plant, transfer station, or other facility, the purpose of which is the storage, collection, transportation, treatment, utilization, processing, recycling, or disposal, or any combination thereof, of solid waste. See South Carolina Code 44-96-40
  • Solid Waste Management Grant Program: means the grant program established and administered by the Office of Solid Waste Reduction and Recycling pursuant to Section 44-96-130. See South Carolina Code 44-96-40
  • Solid Waste Management Trust Fund: means the trust fund established within the Department of Health and Environmental Control pursuant to Section 44-96-120. See South Carolina Code 44-96-40
  • Source reduction: means the reduction of solid waste before it enters the solid waste stream by methods such as product redesign or reduced packaging. See South Carolina Code 44-96-40
  • Source separation: means the act or process of removing a particular type of recyclable material from other waste at the point of generation or under control of the generator for the purposes of collection, disposition, and recycling. See South Carolina Code 44-96-40
  • South Carolina Environmental Excellence Program: means a voluntary program in which facilities are selected for membership based upon their demonstrated commitment to continuous environmental improvement through the use of environmental management systems to achieve pollution prevention and energy and natural resource conservation. See South Carolina Code 44-55-10
  • South Carolina environmental law: means all state and federal environmental laws and regulations that the department is authorized to administer and enforce. See South Carolina Code 44-55-10
  • Specialty fertilizer: is a commercial fertilizer distributed primarily for nonfarm use such as home gardens, lawns, shrubbery, flowers, foliage plants, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. See South Carolina Code 46-25-20
  • Spectator: means an invitee who is present in a skating rink but is not wearing ice or roller skates. See South Carolina Code 46-41-20
  • Sponsoring anesthesiologist: means the physician specialist in anesthesiology who signs the anesthesiologist's assistant's application for licensure. See South Carolina Code 40-47-1210
  • Standards: means the required measurable components of an emergency medical service system having permanent and recognized value that provide adequate emergency health care delivery. See South Carolina Code 44-61-20
  • State identification bureau: means an authorized governmental agency responsible for receiving and screening the results of criminal history records checks in this State or another state. See South Carolina Code 40-47-20
  • State Medical Control Physician: means a physician who shall be contracted with the department to oversee all medical aspects of the EMS Program. See South Carolina Code 44-61-20
  • State solid waste management plan: means the plan which the Department of Health and Environmental Control is required to submit to the General Assembly and to the Governor pursuant to Section 44-96-60. See South Carolina Code 44-96-40
  • State veterinarian: means the state veterinarian as defined by Section 47-13-20. See South Carolina Code 47-13-1310
  • Sterilization: means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See South Carolina Code 47-3-470
  • Stop sale: means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount of seed. See South Carolina Code 46-21-15
  • Storage: means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such hazardous wastes. See South Carolina Code 44-56-20
  • Storage: means the containment of solid waste, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such solid waste; provided, however, that storage in containers by persons of solid waste resulting from their own activities on their property, leased or rented property, if the solid waste in such containers is collected at least once a week, shall not constitute "storage" for purposes of this chapter. See South Carolina Code 44-96-40
  • Structure: means a structure located upon any public waters of this State, whether the structure is floating upon the waters and is made fast by the use of lines, cables, anchors, or pilings, or a combination of these, or is built upon pilings embedded in the beds of the public waters of the State when the structure is being used, has been used, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used primarily as a means of transportation upon these public waters; and is not owned, occupied, or possessed pursuant to a permit issued by the department. See South Carolina Code 44-96-160
  • Supervising: means overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant as part of a physician-led team in a manner approved by the board. See South Carolina Code 40-47-910
  • Supervising anesthesiologist: means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of anesthesiology and has successfully completed a residency in anesthesiology, approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Association, or its equivalent or successor. See South Carolina Code 40-47-1210
  • Supervising cardiologist: means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of cardiology and has successfully completed a residency in cardiology, approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. See South Carolina Code 40-47-1520
  • supervising physician: means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who is approved to serve as a supervising physician for no more than three full-time equivalent physician assistants. See South Carolina Code 40-47-910
  • Supervision: means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law. See South Carolina Code 40-47-20
  • Supervision: means medically directing and accepting responsibility for the anesthesia services rendered by an anesthesiologist's assistant in a manner approved by the board. See South Carolina Code 40-47-1210
  • Supervision: means medically directing and accepting responsibility for the cardiac services rendered by a registered cardiovascular invasive specialist in a manner provided for in law and the adopted protocol of the licensed facility. See South Carolina Code 40-47-1520
  • Supplemental water source: means a source of water different from the source of permitted withdrawal that will be used when an adequate amount of water is unavailable for withdrawal from the permitted source, including, but not limited to, ground water wells, aquifer storage and recovery projects, water storage facilities, drought contingency ponds, and connections to other water providers. See South Carolina Code 44-56-35
  • Surface water: means all water that is wholly or partially within the State, including the Savannah River, or within its jurisdiction, which is open to the atmosphere and subject to surface runoff, including, but not limited to, lakes, streams, ponds, rivers, creeks, runs, springs, and reservoirs, but not including water and wastewater treatment impoundments, off-stream supplemental operations related impoundments, or water storage structures constructed by the surface water withdrawer to provide adequate supplies of surface water during low flow conditions. See South Carolina Code 44-56-35
  • Surface water: means all water which is open to the atmosphere and subject to surface runoff which includes lakes, streams, ponds, and reservoirs. See South Carolina Code 44-56-215
  • Surface water: means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within territorial limits, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private. See South Carolina Code 44-96-40
  • surface water withdrawal permit: means a written authorization issued to a person by the department that allows the person to hold and exercise a water right to withdraw surface water pursuant to the terms of the permit and this chapter. See South Carolina Code 44-56-35
  • Surface water withdrawer: means a person withdrawing surface water in excess of three million gallons during any one month from a single intake or multiple intakes under common ownership within a one mile radius from any one existing or proposed intake. See South Carolina Code 44-56-35
  • Suspension: means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. See South Carolina Code 40-47-20
  • Suspension: means that the department has temporarily voided a license, permit, or certificate and the holder may not perform the function associated with the license, permit, or certificate until the holder has complied with the statutory requirements and other conditions imposed by the department. See South Carolina Code 44-61-20
  • Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
  • Telemedicine: means the practice of medicine using electronic communications, information technology, or other means between a licensee in one location and a patient in another location with or without an intervening practitioner. See South Carolina Code 40-47-20
  • Television: means an electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite including, but not limited to, a direct view or projection television with a viewable screen of nine inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal display, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode, or similar technology marketed and intended for use by a consumer primarily for personal purposes. See South Carolina Code 44-55-827
  • Television manufacturer: means a person who:

    (a) manufactures covered television devices under a brand that it licenses or owns for sale in this State;

    (b) manufactures covered television devices without affixing a brand for sale in this State;

    (c) resells into this State a covered television device under a brand it owns or licenses produced by other suppliers, including retail establishments that sell covered television devices under a brand the retailer owns or licenses;

    (d) imports covered television devices; provided that if a company from which an importer purchases a covered device has a presence or assets in the United States, that company must be considered the manufacturer;

    (e) manufactures covered television devices, supplies them to a person or persons within a distribution network that includes wholesalers or retailers in this State and benefits from the sale in this State of those covered television devices through the distribution network; or

    (f) assumes the responsibilities and obligations of a television manufacturer under this chapter. See South Carolina Code 44-55-827
  • Temporary license: means a current, time-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
  • Terminal facility: means any waterfront or offshore facility of any kind, other than vessels not owned or operated by such facility, and directly associated waterfront or offshore appurtenances including pipelines located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing, or refining pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility or a governmental or quasi-governmental body. See South Carolina Code 48-43-510
  • Third-party commissioning agent: means a person accredited by the USGBC or GBI, with expertise in building system performance, who will analyze, evaluate, and confirm the proper function and performance of a high performance building, its systems, equipment, and indoor air quality, and who did not participate in the original certification of the major facility project or renovation project. See South Carolina Code 48-52-810
  • Tire: means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle, trailer, or motorcycle as defined in Section 56-3-20(2), (4), and (13). See South Carolina Code 44-96-40
  • Tire retailing business: means the retail sale of tires in any quantity for any use or purpose by the purchaser other than for resale. See South Carolina Code 44-96-40
  • to land: means to take and retain possession while afloat or to take and bring ashore. See South Carolina Code 50-5-15
  • Ton: means a net weight of two thousand pounds avoirdupois. See South Carolina Code 46-25-20
  • Transient customer: means a customer who is temporarily traveling through a dealer's area of sales responsibility. See South Carolina Code 49-19-1820
  • Transport: means the movement of hazardous wastes from the point of generation to any intermediate points and finally to the point of ultimate treatment, storage or disposal. See South Carolina Code 44-56-20
  • Transport: means the movement of solid waste from the point of generation to any intermediate point and finally to the point of ultimate processing, treatment, storage, or disposal. See South Carolina Code 44-96-40
  • Transporter: means a person engaged in the off-site transportation of solid waste by air, rail, highway, or water. See South Carolina Code 44-96-40
  • Trap: is a n enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called "pot". See South Carolina Code 50-5-15
  • Trauma: means a major injury or wound to a living person caused by the application of an external force or by violence and the requiring immediate medical or surgical intervention to prevent death or permanent disability. See South Carolina Code 44-61-510
  • trauma center: means a hospital that has been designated by the department according to the rules and regulations set forth by the department to provide trauma care services at a particular level. See South Carolina Code 44-61-510
  • Trauma registry: means a statewide database of information collected by the department including, but not limited to, the incidence, severity, and causes of trauma and the care and outcomes for certain types of injuries. See South Carolina Code 44-61-510
  • Trauma system: means an organized statewide and regional system of care for the trauma patient, including the department, emergency medical service providers, hospitals, in-patient rehabilitation providers, and other providers who have agreed to participate in and coordinate with and who have been accepted by the department in an organized statewide system. See South Carolina Code 44-61-510
  • Treated: means that the seed has received an application of a substance or that it has been subjected to a process for which a claim is made. See South Carolina Code 46-21-15
  • Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, reduced in volume, or suitable for final disposal. See South Carolina Code 44-56-20
  • Treatment: means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to storage, recovery, or recycling, safe for disposal, or reduced in volume or concentration. See South Carolina Code 44-96-40
  • Trust: means the National Tobacco Grower Settlement Trust. See South Carolina Code 46-30-210
  • Trust fund: means the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60. See South Carolina Code 44-55-610
  • Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See South Carolina Code 46-21-15
  • Uncontrolled hazardous waste site: means any site where hazardous wastes or other hazardous substances have been released, abandoned, or otherwise improperly managed so that governmental response action is deemed necessary to remedy actual or potential damages to public health, the public welfare, or the environment. See South Carolina Code 44-56-20
  • Unpermitted structure: means a structure whose owner did not obtain a permit pursuant to this chapter or a structure remaining after the expiration or revocation of its permit. See South Carolina Code 44-96-160
  • Unprofessional conduct: means acts or behavior that fail to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty. See South Carolina Code 40-47-20
  • Unsafe: means the condition of the dam is such that repairs or alterations are necessary to reduce the risk of dam failure. See South Carolina Code 49-11-120
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
  • Used oil: means oil that has been refined from crude oil or synthetic oil and that has been used and, as a result of that use, is contaminated by physical or chemical impurities. See South Carolina Code 44-96-40
  • Used oil collection center: means a facility which, in the course of business, accepts used oil for subsequent disposal or recycling. See South Carolina Code 44-96-40
  • Used oil energy recovery facility: means a facility that burns more than six thousand gallons of used oil annually for energy recovery. See South Carolina Code 44-96-40
  • Used oil recycling facility: means a facility that recycles more than six thousand gallons of used oil annually. See South Carolina Code 44-96-40
  • USGBC: means the United States Green Building Council. See South Carolina Code 48-52-810
  • Variety: means a subdivision of a kind which is distinct, uniform, and stable. See South Carolina Code 46-21-15
  • Vegetable seeds: means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State. See South Carolina Code 46-21-15
  • Vehicle: means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. See South Carolina Code 44-53-1810
  • Verification: means the department's inspection of a participating facility in order to determine whether the facility is capable of providing a designated level of trauma care. See South Carolina Code 44-61-510
  • Vessel: includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs. See South Carolina Code 48-43-510
  • Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
  • Violation: means a violation of a cooperative agreement, of an approval that is not replaced by the cooperative agreement, or of a provision of South Carolina environmental law for which a participant has not received a variance. See South Carolina Code 44-55-10
  • Voluntary cleanup: means a response action taken under and in compliance with this article. See South Carolina Code 44-56-720
  • Voluntary cleanup contract: means a contract entered into between the department and a responsible or nonresponsible party to conduct a voluntary cleanup. See South Carolina Code 44-56-720
  • Voluntary surrender: means forgoing the authorization to practice by the subject of an initial or formal complaint pending further order of the board. See South Carolina Code 40-47-20
  • Volunteer license: means authorization of a retired practitioner to provide medical services to others through an identified charitable organization without remuneration. See South Carolina Code 40-47-20
  • Volunteer Port Security Force: means the volunteer organization composed of licensed mariners and private assets who: (a) facilitate discovery and proper reporting of suspicious activities and events observed on and about the waters of Charleston bar and harbor, and (b) provide assistance to those government authorities during Maritime Security Levels 2 and 3, as may be required. See South Carolina Code 47-13-60
  • Warrantor: means any person, firm, corporation, or business entity, including any manufacturer or supplier that provides a written warranty to the consumer in connection with a new recreational vehicle or a part, accessory, or component. See South Carolina Code 49-19-1820
  • Waste: means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7. See South Carolina Code 44-53-1490
  • Waste: means and includes:

    (1) physical waste, as that term is generally understood in the oil and gas industry;

    (2) the inefficient, excessive, or improper use, or the unnecessary dissipation of, reservoir energy;

    (3) the inefficient storing of oil and gas;

    (4) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction or oil or gas;

    (5) the production of oil or gas in excess of

    (a) transportation or marketing facilities;

    (b) the amount reasonably required to be produced in the proper drilling, completing or testing of the well from which it is produced; or

    (c) oil or gas otherwise usefully utilized but gas produced from an oil well or condensate well pending the time when, with reasonable diligence, the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable shall not be considered waste if the production of such gas has been approved by order of the department;

    (6) underground or above ground waste in the production or storage of oil, gas, or condensate, however caused, and whether or not defined in other subdivisions hereof. See South Carolina Code 48-43-10
  • Waste tire: means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect. See South Carolina Code 44-96-40
  • Waste tire processing facility: means a permitted facility where equipment is used to cut, shred, burn for volume reduction, or to otherwise alter whole waste tires. See South Carolina Code 44-96-40
  • Waste tire recycling facility: means a permitted facility where waste tires are used as a fuel source or returned to use in the form of products or raw materials. See South Carolina Code 44-96-40
  • Waste tire site: means an establishment, site, or place of business, without a collector or processor permit, that is maintained, operated, used, or allowed to be used for the disposal, storing, or depositing of unprocessed used tires, but does not include a truck service facility which meets the following requirements:

    (a) all vehicles serviced are owned or leased by the owner or operator of the service facility;

    (b) no more than two hundred waste tires are accumulated for a period of not more than thirty days at a time;

    (c) the facility does not accept any tires from sources other than its own; and

    (d) all waste tires are stored under a covered structure. See South Carolina Code 44-96-40
  • Water device: means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device. See South Carolina Code 50-21-10
  • Water resources: means water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground. See South Carolina Code 44-56-760
  • Watercraft: means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
  • watershed: shall include the entire watershed of all streams, creeks and rivers that have a daily average flow of less than ten million gallons, but for watersheds of streams, creeks or rivers that have a daily average flow of more than ten million gallons, the watershed shall include only such drainage areas as lie within fifteen miles of the waterworks intake. See South Carolina Code 44-55-210
  • Weed seed: means the seeds of all plants generally recognized as weeds within this State, as determined by methods defined by regulation, and includes the prohibited and restricted noxious weed seeds. See South Carolina Code 46-21-15
  • Well: means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. See South Carolina Code 44-55-20
  • 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 44-56-215
  • Well driller: means an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or abandonment of any well as defined by this chapter. See South Carolina Code 44-55-20
  • White goods: include refrigerators, ranges, water heaters, freezers, dishwashers, trash compactors, washers, dryers, air conditioners, and commercial large appliances. See South Carolina Code 44-96-40
  • Wholesale supply facility: means a commercial establishment that supplies drycleaning solvent to drycleaning facilities. See South Carolina Code 44-56-410
  • Withdrawal: means to remove surface water from its natural course or location, or exercising physical control over surface water in its natural course or location, regardless of whether the water is returned to its waters of origin, consumed, transferred to another river basin, or discharged elsewhere. See South Carolina Code 44-56-35
  • Yard trash: means solid waste consisting solely of vegetative matter resulting from landscaping maintenance. See South Carolina Code 44-96-40