Article 1 State Safe Drinking Water Act
Article 3 Privies
Article 5 Sewage Systems for Manufacturing Employees’ Houses
Article 7 Septic Tanks in Counties With a City of Over 70,000
Article 9 Approval of Sewage Disposal Methods At Homesites
Article 11 Garbage Collection and Disposal in Counties
Article 13 Solid-Waste Collection and Disposal by Counties
Article 14 Passive Soil-Based On-Site Disposal Systems
Article 15 Water and Sewer Facilities in Counties
Article 17 Discharge of Fumes in Counties With a City of Over 65,000
Article 23 State Recreational Waters Act

Terms Used In South Carolina Code > Title 44 > Chapter 55

  • 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 49-4-20
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agricultural use: means :

    (a) plowing, tilling, or preparing the soil at an agricultural facility;

    (b) planting, growing, fertilizing, or harvesting crops, ornamental horticulture, floriculture, and turf grasses;

    (c) application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, livestock, animals, or poultry;

    (d) breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing livestock, hogs, aquatic animals, equines, chickens, turkeys, poultry, or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits, or similar farm animals for commercial purposes;

    (e) producing and keeping honeybees, producing honeybee products, and honeybee processing facilities;

    (f) producing, processing, or packaging eggs or egg products;

    (g) manufacturing feed for poultry or livestock;

    (h) rotation of crops;

    (i) commercial aquaculture;

    (j) application of existing, changed, or new technology, practices, processes, or procedures to an agricultural use;

    (k) the operation of a roadside market; and

    (l) silviculture. See South Carolina Code 49-4-20
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquifer: means a geologic formation, group of these formations, or part of a formation that is water bearing. See South Carolina Code 49-5-30
  • Board: means the governing body of the Department of Natural Resources. See South Carolina Code 49-3-20
  • 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 State Board of Physical Therapy Examiners. See South Carolina Code 40-45-20
  • Board: means the Board of the Department of Health and Environmental Control. See South Carolina Code 49-5-30
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • 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 49-5-30
  • 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 or his authorized agent. See South Carolina Code 44-55-20
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conservation: means , to minimize or prevent depletion or waste of the water resource. See South Carolina Code 49-23-20
  • 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
  • Consumptive use: means any use of water which is not a nonconsumptive use. See South Carolina Code 49-4-20
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • 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 Department of Natural Resources. See South Carolina Code 49-3-20
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 49-4-20
  • 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. See South Carolina Code 49-5-30
  • Department: means the Department of Natural Resources. See South Carolina Code 49-23-20
  • 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
  • Diffuse surface water: means water on the surface of the earth not located in defined courses, streams, or water bodies. See South Carolina Code 49-4-20
  • 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 49-23-20
  • Director: means the director of the department or his authorized agent. See South Carolina Code 44-55-2320
  • 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 49-23-20
  • 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 49-4-20
  • Drought indices: means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, sustained decline in potable drinking water supplies, agricultural stress, low soil moisture, and low precipitation. See South Carolina Code 49-23-20
  • 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 49-23-20
  • Emergency withdrawal: means the withdrawal of water, for a period not exceeding thirty days, for the purpose of firefighting, hazardous substance waste spill response, or both, or other emergency withdrawal of water as determined by the department. See South Carolina Code 49-4-20
  • Emergency withdrawal: means the withdrawal of groundwater, for a period not exceeding thirty calendar days, for the purpose of fire fighting, hazardous substance or waste spill response, or both, or other emergency withdrawal of groundwater as determined by the department. See South Carolina Code 49-5-30
  • 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
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • 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 49-5-30
  • 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 49-4-20
  • Extreme drought: means that the drought has increased to extreme levels as demonstrated by drought indices. See South Carolina Code 49-23-20
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Groundwater: means water in the void spaces of geologic materials within the zone of saturation. See South Carolina Code 49-5-30
  • Groundwater withdrawal permit: means a permit issued by the department to groundwater withdrawers in a designated capacity use area for the withdrawal of groundwater. See South Carolina Code 49-5-30
  • Groundwater withdrawer: means a person withdrawing groundwater in excess of three million gallons during any one month from a single well or from multiple wells under common ownership within a one-mile radius from any one existing or proposed well. See South Carolina Code 49-5-30
  • Human consumption: means water used for drinking, bathing, cooking, dish washing, and maintaining oral hygiene or other similar uses. See South Carolina Code 44-55-20
  • 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 49-4-20
  • Incipient drought: means that there is a threat of a drought as demonstrated by drought indices. See South Carolina Code 49-23-20
  • 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 49-4-20
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • 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 49-4-20
  • 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 49-4-20
  • 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 49-4-20
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Noncommunity water system: means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system. See South Carolina Code 44-55-20
  • 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 49-4-20
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Permit to construct: means a permit issued by the department after consideration of proposed well location, depth, rated capacity, and withdrawal rate. See South Carolina Code 49-5-30
  • Permitted surface water withdrawer: means a person withdrawing surface water pursuant to a surface water withdrawal permit. See South Carolina Code 49-4-20
  • 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 49-4-20
  • 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 49-5-30
  • 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 49-4-20
  • 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 an individual. See South Carolina Code 40-45-20
  • Person: means an individual, firm, partnership, association, public or private institution, municipality or political subdivision, governmental agency, public water system, or a private or public corporation organized under the laws of this State or any other state or county. See South Carolina Code 49-5-30
  • 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 49-23-20
  • Physical therapist: means a person who has met all the conditions of this chapter and is licensed in this State to practice physical therapy. See South Carolina Code 40-45-20
  • physical therapy: as used in this chapter , and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests. See South Carolina Code 40-45-20
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • practice of physical therapy: means the evaluation and treatment of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, and pain from injury, disease, and any other bodily or mental condition and includes the administration, interpretation, documentation, and evaluation of physical therapy tests and measurements of bodily functions and structures; the establishment, administration, evaluation, and modification of a physical therapy treatment plan which includes the use of physical, chemical, or mechanical agents, activities, instruction, and devices for prevention and therapeutic purposes; and the provision of consultation and educational and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. See South Carolina Code 40-45-20
  • 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
  • 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 49-4-20
  • 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
  • Public water system: means a water system as defined in Section 44-55-20 of the State Safe Drinking Water Act. See South Carolina Code 49-4-20
  • Public water system: means a water system as defined in Section 44-55-20 of the State Safe Drinking Water Act. See South Carolina Code 49-5-30
  • Rated capacity: means the amount, in gallons per minute (gpm), of groundwater that is capable of being withdrawn from the completed well with the pump installed. See South Carolina Code 49-5-30
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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 49-4-20
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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 49-4-20
  • 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 49-4-20
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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 49-4-20
  • 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 49-4-20
  • 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 49-5-30
  • 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 49-4-20
  • 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 49-4-20
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • 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 49-23-20
  • 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
  • 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 49-5-30
  • 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
  • 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 49-4-20