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

  • 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
  • Approval: means a permit, license, or other approval issued by the department under South Carolina environmental law. See South Carolina Code 44-55-10
  • Bank: means the South Carolina Conservation Bank. See South Carolina Code 44-55-610
  • Board: means the governing board of the bank. See South Carolina Code 44-55-610
  • 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 State Board of Medical Examiners for South Carolina. See South Carolina Code 40-47-20
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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 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
  • 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
  • Cooperative agreement: means an agreement entered into under Section 48-56-30. See South Carolina Code 44-55-10
  • 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
  • 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
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-55-10
  • 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 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 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
  • Director: means the director of the department or his authorized agent. See South Carolina Code 44-55-2320
  • Disciplinary action: means a final decision and sanction imposed at the conclusion of a disciplinary proceeding. See South Carolina Code 40-47-20
  • 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
  • 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 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
  • 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
  • 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
  • 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
  • Initial complaint: means a brief statement that alleges misconduct on the part of a licensee. 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
  • 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
  • Land: means real property, including highlands and wetlands of any description. See South Carolina Code 44-55-610
  • License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
  • 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
  • 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
  • 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
  • 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
  • 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 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, 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 a natural person, male or female. See South Carolina Code 40-47-20
  • 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
  • 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
  • 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
  • Presiding officer: means the chairman of the hearing panel or a designee. See South Carolina Code 40-47-20
  • 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
  • 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
  • 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
  • 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
  • Recoverer: means a person that reuses or recycles a covered device. See South Carolina Code 44-55-827
  • 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
  • Respondent: means a person charged with responding in a disciplinary or other administrative action. See South Carolina Code 40-47-20
  • Retailer: means a person engaged in retail sales. See South Carolina Code 44-55-827
  • Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
  • 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
  • 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
  • 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
  • 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
  • Trust fund: means the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60. See South Carolina Code 44-55-610
  • 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
  • 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
  • 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 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