Terms Used In South Carolina Code > Title 44 > Chapter 20 > Article 5
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means a person who is believed to have intellectual disability, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services of the South Carolina Department of Disabilities and Special Needs. See South Carolina Code 44-20-30
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-14-20
- Department: means the South Carolina Department of Disabilities and Special Needs. See South Carolina Code 44-20-30
- Director: means the South Carolina Director of the Department of Disabilities and Special Needs, the chief executive director appointed by the commission. See South Carolina Code 44-20-30
- District: means any soil and water conservation district created pursuant to Chapter 9 of this title. See South Carolina Code 48-14-20
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Erosion: means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces. See South Carolina Code 48-14-20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Implementing agency: means the department, local government, or conservation district with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, and conducting inspections and enforcement actions in a specified jurisdiction. See South Carolina Code 48-14-20
- Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See South Carolina Code 44-20-30
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land disturbing activity: means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff. See South Carolina Code 48-14-20
- Local government: means any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter. See South Carolina Code 48-14-20
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Nonpoint source pollution: means pollution contained in stormwater runoff from ill-defined diffuse sources. See South Carolina Code 48-14-20
- Person: means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, electric supplier, municipality, interstate body, the federal government, or other legal entity. See South Carolina Code 48-14-20
- Person responsible for the land disturbing activity: means :
(a) the person who has or represents having financial or operational control over the land disturbing activity; and/or
(b) the landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefited from it or who has failed to comply with any provision of the act, these regulations, or any order or local ordinance adopted pursuant to this chapter as imposes a duty upon him. See South Carolina Code 48-14-20
- Related disability: is a severe, chronic condition found to be closely related to intellectual disability or to require treatment similar to that required for persons with intellectual disability and must meet the following conditions:
(a) It is attributable to cerebral palsy, epilepsy, autism, or any other condition other than mental illness found to be closely related to intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with intellectual disability and requires treatment or services similar to those required for these persons. See South Carolina Code 44-20-30
- Responsible personnel: means any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities. See South Carolina Code 48-14-20
- Sediment: means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin. See South Carolina Code 48-14-20
- Stop work order: means an order directing the person responsible for the land disturbing activity to cease and desist all or any portion of the work which violates the provisions of this chapter. See South Carolina Code 48-14-20
- Stormwater management: means , for:
(a) quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
(b) qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff. See South Carolina Code 48-14-20
- Stormwater Management and Sediment Control Plan: means a set of drawings, other documents, and supporting calculations submitted by a person as a prerequisite to obtaining a permit to undertake a land disturbing activity, which contains all of the information and specifications required by an implementing agency. See South Carolina Code 48-14-20
- Stormwater runoff: means direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer, or other concentrated flow during and following the precipitation. See South Carolina Code 48-14-20
- Stormwater utility: means an administrative organization that has been created for the purposes of planning, designing, constructing, and maintaining stormwater management, sediment control, and flood control programs and projects. See South Carolina Code 48-14-20