Terms Used In South Carolina Code > Title 44 > Chapter 55 - Water, Sewage, Waste Disposal and the Like

• ACOTE: means the Accreditation Council for Occupational Therapy Education. See South Carolina Code 40-36-20
• 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
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• AOTA: means the American Occupational Therapy Association. See South Carolina Code 40-36-20
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means the Lake Paul A. See South Carolina Code 49-33-10
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means the South Carolina Board of Occupational Therapy. See South Carolina Code 40-36-20
• 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
• Boat: means a vessel. See South Carolina Code 50-21-10
• 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.
• Commission: means the Interstate Commission of Nurse Licensure Compact Administrators. See South Carolina Code 40-33-1310
• Commissioner: means the commissioner of the department or his authorized agent. See South Carolina Code 44-55-20
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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
• 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
• 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
• 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 Natural Resources. See South Carolina Code 49-30-30
• Department: means the Department of Natural Resources. See South Carolina Code 49-33-10
• 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
• 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 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
• Director: means the director of the department or his authorized agent. See South Carolina Code 44-55-2320
• 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.
• FERC licensee: means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake. See South Carolina Code 49-30-30
• 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.
• 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
• Fund: means the Public Waters Nuisance Abatement Fund. See South Carolina Code 49-30-30
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Lake: means Lake Paul A. See South Carolina Code 49-33-10
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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 49-30-30
• Licensing board: means a party state's regulatory body responsible for issuing nurse licenses. See South Carolina Code 40-33-1310
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
• Multistate licensure privilege: means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state. See South Carolina Code 40-33-1310
• 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 49-30-30
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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
• Nurse: means RN or LPN/VN, as those terms are defined by each party state's practice laws. See South Carolina Code 40-33-1310
• Occupational therapist: means a person licensed to practice occupational therapy. See South Carolina Code 40-36-20
• Occupational therapy: means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. See South Carolina Code 40-36-20
• Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See South Carolina Code 40-36-20
• On-site: means the same premises while direct client treatment is being performed. See South Carolina Code 40-36-20
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• 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.
• Party state: means any state that has adopted this compact. See South Carolina Code 40-33-1310
• 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
• 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, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
• 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
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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
• 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
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Removal: means to completely extricate the entire structure from the public waters of this State. See South Carolina Code 49-30-30
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Saltwater gamefish: means a species of saltwater fish designated as a saltwater gamefish in this title. See South Carolina Code 50-5-15
• Service of process: The service of writs or summonses to the appropriate party.
• 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
• State: means a state, territory, or possession of the United States and the District of Columbia. See South Carolina Code 40-33-1310
• Statute: A law passed by a legislature.
• Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
• 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 49-30-30
• Summons: Another word for subpoena used by the criminal justice system.
• Supervision: means personal and direct involvement of an occupational therapist in a supervisee's professional experience which includes evaluation of the supervisee's performance with respect to each client treated by the supervisee. See South Carolina Code 40-36-20
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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 49-30-30
• Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
• Watercraft: means anything 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 anything 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
• 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