Terms Used In South Carolina Code > Title 44 > Chapter 7 - Hospitals, Tuberculosis Camps and Health Services Districts

• 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.
• Affected land: means :
  
  (a) the area of land from which overburden or minerals have been removed or upon which overburden has been deposited, or both, including an area on which a plant is located which is an integral part of the process of the removal of ores or mineral solids from natural deposits; or
  
  (b) stockpiles and settling ponds located on or adjacent to lands from which overburden or minerals have been removed. See South Carolina Code 48-20-40
• Affected person: means the applicant, a person residing within the geographic area served or to be served by the applicant, persons located in the health service area in which the project is to be located and who provide similar services to the proposed project, persons who before receipt by the department of the proposal being reviewed have formally indicated an intention to provide similar services in the future, persons who pay for health services in the health service area in which the project is to be located and who have notified the department of their interest in Certificate of Need applications, the State Consumer Advocate, and the State Ombudsman. See South Carolina Code 44-7-130
• Affected persons: means a health care provider or purchaser:
  
  (a) who provides or purchases the same or similar health care services in the geographic area served or to be served by the applicants for a certificate of public advantage: or
  
  (b) who has notified the department of his interest in applications for certificates of public advantage and has a direct economic interest in the decision. See South Carolina Code 44-7-510
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means the United States Environmental Protection Agency. See South Carolina Code 48-5-20
• Ambulatory surgical facility: means a facility organized and administered for the purpose of performing surgical procedures for which patients are scheduled to arrive, receive surgery, and be discharged on the same day. See South Carolina Code 44-7-130
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: shall mean the State Fiscal Accountability Authority of South Carolina. See South Carolina Code 48-3-10
• Authority: means the South Carolina Water Quality Revolving Fund Authority. See South Carolina Code 48-5-20
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bequest: Property gifted by will.
• Board: means the State Board of Health and Environmental Control. See South Carolina Code 44-7-130
• Board: means the board of the Department of Natural Resources. See South Carolina Code 48-11-10
• Board: means the board of the department. See South Carolina Code 48-18-20
• Board of commissioners: means the governing body of the soil and water conservation district in which a watershed conservation district is situated or, if the watershed conservation district is situated in more than one soil and water conservation district, the joint governing bodies of the districts. See South Carolina Code 48-11-10
• Board of directors: means the governing body of a watershed conservation district. See South Carolina Code 48-11-10
• Bonds: shall include notes, bonds, refunding notes or bonds, and other obligations authorized to be issued by this chapter. See South Carolina Code 48-3-10
• Bonds: means bonds, notes, debentures, interim certificates, commercial paper, bond, grant, or revenue anticipation notes, or any other evidence of indebtedness of the authority. See South Carolina Code 48-5-20
• Carnivore: means a flesh-eating animal and includes those animals known to be reservoirs of rabies including, but not limited to, raccoons, foxes, skunks, and bobcats and related species including, but not limited to, coyotes, wolves, wolf dogs, weasels, civet cats, spotted skunks, and lynx or the offspring born to any combinations of crossbreeding between these wild animals and domestic dogs or cats. See South Carolina Code 47-5-20
• Certificate of limited partnership: means the certificate referred to in § 33-42-210, any certificate of limited partnership filed with the office of the Secretary of State in connection with the formation of a limited partnership under any applicable statute of this State prior to the effective date of this chapter, and any such certificate as amended, or restated. See South Carolina Code 33-42-20
• Certificate of public advantage: means the formal approval, including any conditions or modifications, by the department of a contract, business or financial arrangement, or other activities or practices between two or more health providers, health provider networks, or health care purchasers that might be construed to be violations of state or federal antitrust laws. See South Carolina Code 44-7-510
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Clean Water Act: means the Federal Water Pollution Control Act, Chapter 26 of Title 33, United States Code, as modified or amended, and any successor, substitute, or replacement provisions of law, and the rules and regulations promulgated under it. See South Carolina Code 48-5-20
• Clean water fund: means the water pollution control revolving loan fund originally established pursuant to § 48-6-20 and comprising monies derived from capitalization grants pursuant to the Clean Water Act and associated state match money, as well as repayments of all principal and interest on loans made from the clean water fund, investment earnings, and any other money committed to the clean water fund. See South Carolina Code 48-5-20
• 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.
• Closure: means the act of rendering a mine facility or portion of a mine facility to an inoperative state that prevents the gradual or sudden release of contaminants that are harmful to the environment. See South Carolina Code 48-20-40
• Commission: means the State Livestock-Poultry Health Commission. See South Carolina Code 47-22-20
• Commission: means the State Livestock-Poultry Health Commission or an officer or employee of the commission to whom authority to act in its stead is delegated. See South Carolina Code 47-4-20
• 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.
• Community residential care facility: means a facility which offers room and board and provides a degree of personal assistance for two or more persons eighteen years old or older. See South Carolina Code 44-7-130
• 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 district: means a governmental subdivision of the State created pursuant to Chapter 9 of Title 48; and "conservation district board" means the governing body of a soil and water conservation district. See South Carolina Code 48-18-20
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative agreement: means an agreement between two health providers, health provider networks, or purchasers or among more than two health care providers, health provider networks, or purchasers for the sharing, allocation, or referral of patients or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities, procedures, equipment, or other health care services traditionally offered by health care facilities or other health care providers or the acquisition or merger of assets among or by two or more health providers, health provider networks, or health care purchasers, provided the agreement does not involve price-fixing or predatory pricing or illegal tying arrangements. See South Carolina Code 44-7-510
• 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.
• Council: means the State Interagency Coordinating Council which must be established in conformance with federal regulations. See South Carolina Code 44-7-2520
• Council: means the Mining Council created by §§ 48-21-10 and 48-21-20. See South Carolina Code 48-20-40
• Court: includes every court and judge having jurisdiction in the case;
  
  (2) "Business" includes every trade, occupation, or profession;
  
  (3) "Bankrupt" includes a bankrupt under the Federal Bankruptcy Act or an insolvent under any state insolvent act;
  
  (4) "Conveyance" includes every assignment, lease, mortgage, or encumbrance;
  
  (5) "Real property" includes land and any interest or estate in land; and
  
  (6) "Registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of this State, registered under § 33-41-1110 and complying with §§ 33-41-1120 and 33-41-1130. See South Carolina Code 33-41-20
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Environmental Control. See South Carolina Code 44-7-130
• Department: means the South Carolina Department of Health and Environmental Control, including county health departments. See South Carolina Code 47-5-20
• Department: means the Department of Health and Environmental Control. See South Carolina Code 44-7-510
• Department: means the Department of Health and Environmental Control. See South Carolina Code 44-7-2420
• Department: means the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33 of Title 20, U. See South Carolina Code 44-7-2520
• Department: shall mean the Department of Health and Environmental Control of South Carolina. See South Carolina Code 48-3-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-5-20
• Department: means the Department of Natural Resources. See South Carolina Code 48-11-10
• 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 Health and Environmental Control. See South Carolina Code 48-18-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-20-40
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated Watershed: means a watershed designated by a local government and approved by the Department of Health and Environmental Control and identified as having an existing or potential stormwater, sediment control, or nonpoint source pollution problem. See South Carolina Code 48-14-20
• Devise: To gift property by will.
• Director: means the Director of the Division of Livestock-Poultry Health Programs, Clemson University. See South Carolina Code 47-4-20
• Director: means the Director, Division of Livestock-Poultry Heath Programs, Clemson University. See South Carolina Code 47-22-20
• Director: means one of the members of the governing body of a watershed conservation district selected in accordance with this chapter. See South Carolina Code 48-11-10
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means any soil and water conservation district created pursuant to Chapter 9 of this title. See South Carolina Code 48-14-20
• Division: means the Division of Livestock-Poultry Health Programs at Clemson University and its agents, employees, and officials. See South Carolina Code 47-22-20
• Division: means Land, Water, and Conservation Division. See South Carolina Code 48-11-10
• Donor: The person who makes a gift.
• Drinking water fund: means the drinking water revolving loan fund established pursuant to § 48-5-55, and comprising monies derived from capitalization grants pursuant to the Safe Drinking Water Act and associated state match money, as well as repayments of all principal and interest on loans made from the drinking water fund, investment earnings, and any other money committed to the drinking water fund. See South Carolina Code 48-5-20
• Due notice: means notice published at least twice, with an interval of at least one week between the two publication dates, in a publication of general circulation within the appropriate area or, if no publication of general circulation is available, notice posted at a reasonable number of conspicuous places within the appropriate area. See South Carolina Code 48-11-10
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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
• Erosion: means the wearing away of the ground surface by the action of wind, water, gravity, or any combination thereof. See South Carolina Code 48-18-20
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Exploration: means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. See South Carolina Code 48-20-40
• Explorer: means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal or state antitrust laws: means a federal or state law prohibiting monopolies or agreements in restraint of trade, including the Federal Sherman Act and Clayton Act, the Federal Trade Commission Act, and Chapters 3 and 5 of Title 39 of the 1976 Code. See South Carolina Code 44-7-510
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Freestanding or mobile technology: means medical equipment owned or operated by a person other than a health care facility for which the total cost is in excess of that prescribed by regulation and for which specific standards or criteria are prescribed in the State Health Plan. See South Carolina Code 44-7-130
• Garbage: means any animal wastes resulting from handling, preparation, cooking, or consumption of foods, including animal carcasses, parts of animal carcasses, or contents of offal. See South Carolina Code 47-15-10
• Garbage dump: means a place or area where ordinary household garbage is disposed of from two or more families. See South Carolina Code 47-15-10
• General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See South Carolina Code 33-42-20
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing board: shall mean the governing bodies of the several counties and incorporated municipalities of the State as now or hereafter constituted; and in the event that any pollution control facilities shall be located in more than one county, the term "governing board" shall also relate to the governing bodies of the several counties wherein such pollution control facilities shall be located. See South Carolina Code 48-3-10
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care facility: means , at a minimum, acute care hospitals, psychiatric hospitals, alcohol and substance abuse hospitals, nursing homes, ambulatory surgical facilities, hospice facilities, radiation therapy facilities, rehabilitation facilities, residential treatment facilities for children and adolescents, intermediate care facilities for persons with intellectual disability, or narcotic treatment programs. See South Carolina Code 44-7-130
• Health care provider: means a health care professional licensed, certified, or registered under the laws of this State, an organization licensed pursuant to § 44-69-30 or § 44-71-30, or a facility licensed pursuant to § 44-7-260 or § 44-89-40 to provide health care services or any other person as defined in § 44-7-130(15) who provides health services in a freestanding or mobile facility. See South Carolina Code 44-7-510
• Health care purchaser: means a person or organization that purchases health care services on behalf of an identified group of persons, regardless of whether the cost of coverage of services is paid for by the purchaser or by the person receiving coverage or services including, but not limited to:
  
  (a) health insurers as defined by § 38-71-920;
  
  (b) employee health plans offered by self-insured employers;
  
  (c) group health coverage offered by fraternal organizations, professional associations, or other organizations;
  
  (d) state and federal health care programs; and
  
  (e) state and local public employee health plans. See South Carolina Code 44-7-510
• Health provider networks: means an organization of health care providers which offers health services to residents of this State. See South Carolina Code 44-7-510
• Health service: means clinically related, diagnostic, treatment, or rehabilitative services and includes alcohol, drug abuse, and mental health services. See South Carolina Code 44-7-130
• Hospital: means a facility that is organized and administered to provide overnight medical or surgical care or nursing care for an illness, injury, or infirmity and must provide on-campus emergency services; that may provide obstetrical care; and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy. See South Carolina Code 44-7-130
• Hospital: means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy and is licensed by the department as a hospital. See South Carolina Code 44-7-2420
• 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
• Industry: shall mean any person, firm or corporation operating any enterprise or facility for the manufacturing, processing, assembling, distributing or shipping of any type of product, from which operation, conditions result which would, unless eliminated, mitigated or prevented, bring about the pollution of the atmosphere or which would create water pollution problems. See South Carolina Code 48-3-10
• Infants and toddlers with disabilities: means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, communication, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. See South Carolina Code 44-7-2520
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intermediate care facility for persons with intellectual disability: means a facility that serves four or more persons with intellectual disability or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their intellectual disability or related conditions. See South Carolina Code 44-7-130
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• 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: includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands. See South Carolina Code 48-20-40
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed veterinarian: means a person licensed by law to practice veterinary medicine in this State. See South Carolina Code 47-5-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See South Carolina Code 33-42-20
• Livestock: means all classes and breeds of animals, domesticated or feral, raised for use, sale, or display. See South Carolina Code 47-4-20
• Livestock: means all classes and breeds of animals, domesticated or feral. See South Carolina Code 47-22-20
• Loan: means a loan from the authority to a project sponsor for the purpose of financing all or a portion of the cost of a project. See South Carolina Code 48-5-20
• Loan agreement: shall mean any agreement including without limitation an agreement, whereby a county or incorporated municipality shall lease pollution control facilities to the industry, made by and between the governing board and the industry by which the industry agrees to pay to (and to secure if so required) the county or the incorporated municipality, as the case may be, or to any assignee thereof, the sums required to meet the payment of the principal, interest and redemption premium, if any, on any bonds. See South Carolina Code 48-3-10
• Loan agreement: means a written agreement between the authority and a project sponsor with respect to a loan. See South Carolina Code 48-5-20
• Loan obligation: means a bond, note, or other evidence of obligation issued by a project sponsor to evidence its indebtedness under a loan agreement with respect to a loan. See South Carolina Code 48-5-20
• 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
• Local government: means any county or municipality. See South Carolina Code 48-18-20
• Minerals: means soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance found in natural deposits on or in the earth. See South Carolina Code 48-20-40
• Mining: means :
  
  (a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business;
  
  (b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. See South Carolina Code 48-20-40
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Nominating petition: means a petition filed under § 48-11-100(B) or (C) to nominate candidates for the office of director of a watershed conservation district. See South Carolina Code 48-11-10
• Nonpoint source pollution: means pollution contained in stormwater runoff from ill-defined diffuse sources. See South Carolina Code 48-14-20
• Nursing home: means a facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing intermediate or skilled nursing care for persons who are not in need of hospital care. See South Carolina Code 44-7-130
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operating permit: means a permit for mining activity that is issued to an operator by the department. See South Carolina Code 48-20-40
• Operator: means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
• Overburden: means the earth, rock, and other materials that lie above the natural deposit of minerals. See South Carolina Code 48-20-40
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person who:
  
  (a) has a right of property in a pet;
  
  (b) keeps or harbors a pet or who has it in his care or acts as its custodian; or
  
  (c) permits a pet to remain on or about any premises occupied by him. See South Carolina Code 47-5-20
• Partner: means a limited or general partner. See South Carolina Code 33-42-20
• 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.
• Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See South Carolina Code 33-42-20
• Permit: means official authorization to engage in a specific activity. See South Carolina Code 47-4-20
• Permit: means official authorization to engage in a specified activity. See South Carolina Code 47-22-20
• Person: means an individual, a trust, a firm, a joint stock company, a corporation including a government corporation, a partnership, an association, a municipality, a commission, or a political subdivision of this or another state. See South Carolina Code 47-4-20
• Person: means the State, any municipality, political subdivision, institution, public or private corporation, individual, partnership, or any other entity. See South Carolina Code 47-15-10
• Person: means an individual, a trust or estate, a partnership, a corporation including an association, joint stock company, insurance company, and a health maintenance organization, a health care facility, a state, a political subdivision, or an instrumentality including a municipal corporation of a state, or any legal entity recognized by the State. See South Carolina Code 44-7-130
• Person: means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association, or corporation. See South Carolina Code 33-42-20
• 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
• Personal property: All property that is not real property.
• Pet: means only domesticated cats, dogs, and ferrets. See South Carolina Code 47-5-20
• Petition: means a petition filed under § 48-11-40 for the creation of a watershed conservation district. See South Carolina Code 48-11-10
• 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.
• Pollution control facilities: shall mean any facilities which are designed for the elimination, mitigation or prevention of air or water pollution, and shall include all things which are required to collect, treat and thereafter dispose of all waste of any sort originating in or about any industrial enterprise. See South Carolina Code 48-3-10
• Poultry: means all avian species including wildfowl raised for use, sale, or display and domestic fowl. See South Carolina Code 47-4-20
• Poultry: means all avian species including wildfowl and domestic fowl. See South Carolina Code 47-22-20
• 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.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Project: means :
  
  (a) publicly-owned treatment works, or the capacity or rights to the capacity of a publicly-owned treatment work, including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units; and any works, including site acquisition of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems before land application), or is used for ultimate disposal of residues resulting from the treatment and any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including stormwater runoff and waste in combined stormwater and sanitary sewer systems;
  
  (b) management programs authorized under the Clean Water Act;
  
  (c) development and implementation of a conservation and management plan authorized under the Clean Water Act;
  
  (d) construction or improvements to drinking water supply, storage, treatment, and distribution facilities and associated costs authorized by the Safe Drinking Water Act; and
  
  (e) other projects as the authority and the department determine are permissible uses of the clean water fund and the drinking water fund under the terms of the Clean Water Act and Safe Drinking Water Act, respectively, to the extent then applicable. See South Carolina Code 48-5-20
• Project sponsor: means a county, municipality, special purpose or special service district, commissioners of public works, or any other public body or agency of the State which may own or operate a project; this term includes any combination of two or more of these entities acting jointly to construct, own, or operate a project. See South Carolina Code 48-5-20
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified elector: includes a person qualified to vote in elections by the people under the Constitution of this State. See South Carolina Code 48-11-10
• Quarantine: means a prescribed, restricted confinement of a pet or other animal up to and including a state of enforced isolation. See South Carolina Code 47-5-20
• Quasi-state agency: means any entity other than a state agency but having some attributes of a state agency by virtue of the fact that the State has some authority to make rules and regulations by which it is governed. See South Carolina Code 48-18-20
• Quorum: The number of legislators that must be present to do business.
• Raw material: means livestock or poultry carcasses and inedible parts thereof, fats, oils, and other inedible animal byproducts, and used fats and oils collected from restaurants. See South Carolina Code 47-22-20
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reclamation: means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. See South Carolina Code 48-20-40
• Refuse: means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources. See South Carolina Code 48-20-40
• Rendering operation: means the processing of all or part of the inedible portions of livestock or poultry carcasses and other raw material, and includes the collection and transportation of raw material for the purpose of processing. See South Carolina Code 47-22-20
• Rendering plant: means a building or buildings in which raw material is processed, and includes the premises upon which buildings used in connection with processing are located. See South Carolina Code 47-22-20
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• 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
• Safe Drinking Water Act: means Title XIV of the Public Health Service Act, Title 42, United States Code, as modified or amended, and any successor, substitute, or replacement provisions of law, and the rules and regulations promulgated under it. See South Carolina Code 48-5-20
• 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
• Sediment: means soil or other earth-like material that has been moved by the forces of water, wind, gravity, or any combination of them. See South Carolina Code 48-18-20
• Sedimentation: means the process or action of depositing sediment. See South Carolina Code 48-18-20
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Soil and water conservation district: means a governmental subdivision of this State and a public body corporate and politic organized in accordance with Chapter 9 of Title 48 for the purposes, with the powers, and subject to the restrictions in the chapter. See South Carolina Code 48-11-10
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See South Carolina Code 33-42-20
• State: means South Carolina. See South Carolina Code 48-11-10
• State Veterinarian: means the Director of Livestock-Poultry Health Division, Clemson University, and his agents, assistants, and livestock inspectors. See South Carolina Code 47-4-20
• Statute: A law passed by a legislature.
• 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: means the direct runoff of water and associated material resulting from precipitation in any form. See South Carolina Code 48-18-20
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• 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.
• Transfer center: means a facility where raw materials are collected for loading into approved vehicles for delivery to a rendering plant. See South Carolina Code 47-22-20
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Watershed: means the drainage area contributing stormwater runoff to a single point. See South Carolina Code 48-11-10
• Watershed conservation district: means a governmental subdivision of this State and a public body corporate and politic organized and functioning in accordance with this chapter for the purposes and with the powers and duties provided in this chapter and subject to its restrictions. See South Carolina Code 48-11-10
• Watershed master plan: means a plan for a designated watershed that analyzes the impact of existing and future land uses and land disturbing activities in the entire watershed and includes strategies to reduce nonpoint source pollution, to manage stormwater runoff and control flooding. See South Carolina Code 48-14-20
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.