South Carolina Code > Title 4 > Chapter 29 – Industrial Development Projects


§ 4-29-10	Definitions
§ 4-29-20	Powers of counties and incorporated municipalities in connection with projects; joint acquisition of projects located in more than one county; authority to issue revenue bonds for certain purposes
§ 4-29-30	Bonds payable solely from project revenues; bonds are not county or municipal debt; execution, form, delivery, conditions, and sale of bonds; bond anticipation notes
§ 4-29-40	Security for payment of bonds; pledge of revenues and financing agreement; procedures upon default
§ 4-29-50	Contracts for construction of projects
§ 4-29-60	Findings necessary prior to undertaking projects; required provisions in financing agreements
§ 4-29-65	Requirement of feasibility report
§ 4-29-67	Industrial development projects requiring a fee in lieu of property taxes; definitions
§ 4-29-68	Special source revenue bonds
§ 4-29-69	Inducement agreement providing for payment in lieu of property taxes
§ 4-29-70	Options in leases; consideration for renewal of lease or purchase of project
§ 4-29-80	Additional powers of governing boards
§ 4-29-90	Application of proceeds from sale of bonds; cost of acquiring project
§ 4-29-100	Payments from county or municipal general funds prohibited; use of lands owned by county or municipality; donations of property or money
§ 4-29-110	Refunding bonds
§ 4-29-120	Bonds deemed to be legal investments
§ 4-29-130	Bonds, income from bonds, security agreements, financing agreements, and projects exempt from certain taxes
§ 4-29-140	Fiscal Accountability Authority shall approve proposal of governing board; petition shall be filed; investigation; notice of approval; challenging validity of approval
§ 4-29-150	Chapter provisions are cumulative; governing board may act at regular or special meeting without notice of proceedings

Terms Used In South Carolina Code > Title 4 > Chapter 29 - Industrial Development Projects

Abortion: means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. See South Carolina Code 44-41-610
Abortion: means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. See South Carolina Code 44-41-10
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Active duty military: means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U. See South Carolina Code 40-45-520
Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

(a) a practitioner (or, in his presence, by his authorized agent); or

(b) the patient or research subject at the direction and in the presence of the practitioner. See South Carolina Code 44-53-110
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
Adult: means an individual who is at least eighteen years of age. See South Carolina Code 44-43-305
Adverse action: means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both. See South Carolina Code 40-45-520
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 area: means that portion of a county or counties within a river basin that, under the circumstances, are determined by the department to likely be affected by a proposed surface water withdrawal. See South Carolina Code 49-4-20
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.
Agent: means an individual:

(a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

(b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See South Carolina Code 44-43-305
Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser, except that this term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual or lawful course of the carrier's or warehouseman's business. See South Carolina Code 44-53-110
Agricultural use: means :

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

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

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

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

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

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

(g) manufacturing feed for poultry or livestock;

(h) rotation of crops;

(i) commercial aquaculture;

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

(k) the operation of a roadside market; and

(l) silviculture. See South Carolina Code 49-4-20
Allegation: something that someone says happened.
Allowable costs: means costs to a disposal site operator of operating a regional disposal facility. See South Carolina Code 48-46-30
Alternative program: means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. See South Carolina Code 40-45-520
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.
Amortization: Paying off a loan by regular installments.
Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See South Carolina Code 44-43-305
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.
Appraisal: A determination of property value.
Approval: means a permit, license, or other approval issued by the department under South Carolina environmental law. See South Carolina Code 48-56-20
Aquifer: means a geologic formation, group of these formations, or part of a formation that is water bearing. See South Carolina Code 49-5-30
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.
Atlantic Compact: means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the "Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985" Public Law 99-240, Title II. See South Carolina Code 48-46-30
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
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.
Bank: means the South Carolina Conservation Bank. See South Carolina Code 48-59-30
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.
Beach preservation fee: means a fee imposed on the gross proceeds derived from the rental or charges for accommodations furnished to transients for consideration within the jurisdiction of the governing body which are subject to the tax imposed pursuant to § 12-36-920(A). See South Carolina Code 6-1-620
Board: means the Board of the Department of Health and Environmental Control. See South Carolina Code 49-5-30
Board: means the State Board of Physical Therapy Examiners. See South Carolina Code 40-45-20
Board: means the governing board of the bank. See South Carolina Code 48-59-30
Board: means the governing body of the Department of Natural Resources. See South Carolina Code 49-3-20
Bonds: shall include notes, bonds, refunding bonds, and other obligations authorized to be issued by this chapter. See South Carolina Code 4-29-10
Bureau: means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency. See South Carolina Code 44-53-110
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.
Circumstantial evidence: All evidence except eyewitness testimony.
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.
Clinic: shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the department, and which has also been certified by the department to be suitable for the performance of abortions. See South Carolina Code 44-41-10
Clinically diagnosable pregnancy: means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG). See South Carolina Code 44-41-610
Coastal Plain: means :

(a) all of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Clarendon, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Hampton, Horry, Jasper, Lee, Marion, Marlboro, Orangeburg, Sumter, and Williamsburg counties; and

(b) those portions of Chesterfield, Edgefield, Kershaw, Lexington, Richland, and Saluda counties east or southeast of the fall line as identified on the best available geologic map. See South Carolina Code 49-5-30
Cocaine base: means an alkaloidal cocaine or freebase form of cocaine, which is the end product of a chemical alteration whereby the cocaine in salt form is converted to a form suitable for smoking. See South Carolina Code 44-53-110
collection: means to facilitate the delivery of a covered television device or covered computer monitor device to a collection site included in the manufacturer's program, and to transport the covered television device or covered computer monitor device for recovery. See South Carolina Code 48-60-20
Collector: means a person who collects a covered television device or covered computer monitor device at any program collection site or one-day collection event and prepares them for transport. See South Carolina Code 48-60-20
Commission: means the South Carolina Department of Alcohol and Other Drug Abuse Services. See South Carolina Code 44-53-110
Commission: means the national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-45-520
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.
compact commission: means the governing body of the Atlantic Compact, consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina. See South Carolina Code 48-46-30
Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. See South Carolina Code 40-45-520
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
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 48-60-20
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 48-60-20
Conception: means fertilization of an ovum by sperm. See South Carolina Code 44-41-610
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.
Confidant: means a medical practitioner, a pharmacist, a pharmacologist, a psychologist, a psychiatrist, a full-time staff member of a college or university counseling bureau, a guidance counselor or a teacher in an elementary school or in a junior or senior high school, a full-time staff member of a hospital, a duly ordained and licensed member of the clergy, accredited Christian Science practitioner, or any professional or paraprofessional staff member of a drug treatment, education, rehabilitation, or referral center who has received a communication from a holder of the privilege. See South Carolina Code 44-53-110
Consent: means a signed and witnessed voluntary agreement to the performance of an abortion. See South Carolina Code 44-41-10
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 48-59-30
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 48-60-20
Consumptive use: means any use of water which is not a nonconsumptive use. See South Carolina Code 49-4-20
Continuing competence: means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. See South Carolina Code 40-45-520
Contraceptive: means a drug, device, or chemical that prevents ovulation, conception, or the implantation of a fertilized ovum in a woman's uterine wall after conception. See South Carolina Code 44-41-610
Contract: A legal written agreement that becomes binding when signed.
Controlled substance: means a drug, substance, or immediate precursor in Schedules I through V in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270. See South Carolina Code 44-53-110
Controlled substance analogue: means a substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in Schedules I, II, or III or has a stimulant, depressant, analgesic, or hallucinogenic effect on the central nervous system that is substantially similar to that of a controlled substance in Schedules I, II, or III. See South Carolina Code 44-53-110
Conviction: A judgement of guilt against a criminal defendant.
Cooperative agreement: means an agreement entered into under § 48-56-30. See South Carolina Code 48-56-20
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.
Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who, in fact, manufactured, distributed, or dispensed such substance and which, thereby, falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. See South Carolina Code 44-53-110
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 or covered computer monitor device. See South Carolina Code 48-60-20
Covered computer monitor device: means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a computer and is used by a consumer. See South Carolina Code 48-60-20
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 48-60-20
Covered television device: means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras marketed and intended for use by a consumer primarily for personal purposes. See South Carolina Code 48-60-20
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Data system: means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action. See South Carolina Code 40-45-520
Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. See South Carolina Code 44-43-305
Decedent: A deceased person.
Decommissioning trust fund: means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. See South Carolina Code 48-46-30
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.
delivery: means the actual, constructive, or attempted transfer of a controlled drug or paraphernalia whether or not there exists an agency relationship. See South Carolina Code 44-53-110
Department: means the Department of Health and Environmental Control. See South Carolina Code 49-5-30
Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-41-10
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 State Department of Health and Environmental Control. See South Carolina Code 44-53-110
Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-56-20
Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-57-20
Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-60-20
Department: means the Department of Natural Resources. See South Carolina Code 49-3-20
Department: means the Department of Health and Environmental Control. See South Carolina Code 49-4-20
Dependent: A person dependent for support upon another.
Desktop computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. See South Carolina Code 48-60-20
Detoxification treatment: means the dispensing, for a period not in excess of twenty-one days, of a narcotic drug in decreasing doses to an individual in order to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within this period. See South Carolina Code 44-53-110
Diffuse surface water: means water on the surface of the earth not located in defined courses, streams, or water bodies. See South Carolina Code 49-4-20
Director: means the Director of the Department of Narcotics and Dangerous Drugs under the South Carolina Law Enforcement Division. See South Carolina Code 44-53-110
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. See South Carolina Code 44-43-305
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for the delivery. See South Carolina Code 44-53-110
Dispenser: means a practitioner who delivers a controlled substance to the ultimate user or research subject. See South Carolina Code 44-53-110
Disposal rates: means the price paid by customers of a regional disposal facility for disposal of waste, including any price schedule or breakdown of the price into discrete elements or cost components. See South Carolina Code 48-46-30
Distribute: means to deliver (other than by administering or dispensing) a controlled substance. See South Carolina Code 44-53-110
Distributor: means a person who so delivers a controlled substance. See South Carolina Code 44-53-110
Docket: A log containing brief entries of court proceedings.
Document of gift: means a donor card or other record used to make an anatomical gift. See South Carolina Code 44-43-305
Donor: The person who makes a gift.
Donor: means an individual whose body or part is the subject of an anatomical gift. See South Carolina Code 44-43-305
Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See South Carolina Code 44-43-305
Drought contingency pond: means a pond or lake designated solely as a supplemental water source in a surface water withdrawer's operational and contingency plan. See South Carolina Code 49-4-20
Drug: means a substance:

(a) recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

(b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man and animals;

(c) other than food intended to affect the structure or any function of the body of man and animals; and

(d) intended for use as a component of any substance specified in subitem (a), (b), or (c) of this paragraph but does not include devices or their components, parts, or accessories. See South Carolina Code 44-53-110
Drug problem: means a mental or physical problem caused by the use or abuse of a controlled substance. See South Carolina Code 44-53-110
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 48-59-30
Emergency withdrawal: means the withdrawal of water, for a period not exceeding thirty days, for the purpose of firefighting, hazardous substance waste spill response, or both, or other emergency withdrawal of water as determined by the department. See South Carolina Code 49-4-20
Emergency withdrawal: means the withdrawal of groundwater, for a period not exceeding thirty calendar days, for the purpose of fire fighting, hazardous substance or waste spill response, or both, or other emergency withdrawal of groundwater as determined by the department. See South Carolina Code 49-5-30
Encumbered license: means a license that a physical therapy licensing board has limited in any way. See South Carolina Code 40-45-520
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 48-57-20
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 48-57-20
Environmental laws: means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters. See South Carolina Code 48-57-20
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 48-56-20
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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.
Executive board: means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. See South Carolina Code 40-45-520
Existing groundwater withdrawer: means a groundwater withdrawer withdrawing groundwater or a proposed groundwater user with its wells under construction before January 1, 2000. See South Carolina Code 49-5-30
Existing surface water withdrawer: means a surface water withdrawer withdrawing surface water as of the effective date of this chapter or a proposed surface water withdrawer with its intakes under construction before the effective date of this chapter or with all necessary applications for its intake permits deemed administratively complete before January first of the year of the effective date of this act. See South Carolina Code 49-4-20
Extended care maintenance fund: means the "escrow fund for perpetual care" that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control and for activities associated with closure of the site as provided for in § 13-7-30(4). See South Carolina Code 48-46-30
Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See South Carolina Code 44-43-305
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 48-56-20
Facility operator: means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina. See South Carolina Code 48-46-30
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.
Fatal fetal anomaly: means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth. See South Carolina Code 44-41-610
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fetal heartbeat: means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac. See South Carolina Code 44-41-610
Financing Agreement: shall mean any agreement, including without limitation an agreement whereby a county or incorporated municipality shall lease or sell a project to an industry, made by and between the governing board and any one or more industries by which the industry or industries agree 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 4-29-10
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.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
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}
Fraud: Intentional deception resulting in injury to another.
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}
Generator: means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste. See South Carolina Code 48-46-30
Gestational age: means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman. See South Carolina Code 44-41-610
Gestational sac: means the structure that comprises the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy. See South Carolina Code 44-41-610
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 any one of the governing bodies of the several counties and incorporated municipalities of the State as now or hereafter constituted; and in the event that any project 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 project shall be located. See South Carolina Code 4-29-10
Governing body: means the governing body of a qualified coastal municipality. See South Carolina Code 6-1-620
Groundwater: means water in the void spaces of geologic materials within the zone of saturation. See South Carolina Code 49-5-30
Groundwater withdrawal permit: means a permit issued by the department to groundwater withdrawers in a designated capacity use area for the withdrawal of groundwater. See South Carolina Code 49-5-30
Groundwater withdrawer: means a person withdrawing groundwater in excess of three million gallons during any one month from a single well or from multiple wells under common ownership within a one-mile radius from any one existing or proposed well. See South Carolina Code 49-5-30
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.
Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See South Carolina Code 44-43-305
Holder of the privilege: means a person with an existing or a potential drug problem who seeks counseling, treatment, or therapy regarding such drug problem. See South Carolina Code 44-53-110
Home state: means the member state that is the licensee's primary state of residence. See South Carolina Code 40-45-520
Hospital: means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law. See South Carolina Code 44-43-305
Hospital: means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions. See South Carolina Code 44-41-10
Hospital: means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law. See South Carolina Code 44-43-910
Identification card: means an identification card issued by the Department of Motor Vehicles. See South Carolina Code 44-43-305
Imitation controlled substance: means a noncontrolled substance which is represented to be a controlled substance and is packaged in a manner normally used for the distribution or delivery of an illegal controlled substance. See South Carolina Code 44-53-110
Immediate precursor: means a substance which the appropriate federal agency or the department has found to be and by regulation has designated as being, or can be proven by expert testimony as being, the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, or is a reagent, solvent, or catalyst used in the manufacture of controlled substances, the control of which is necessary to prevent, curtail, or limit such manufacture. See South Carolina Code 44-53-110
Impoundment: means a dam, dike, natural structure, or any combination thereof that is designed to hold an accumulation of surface water or impede the flow of surface water. See South Carolina Code 49-4-20
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Industry: shall mean any person, firm or corporation engaged in any one or more of the enterprises identified in item (3) of this section or any person, firm or corporation providing facilities constituting a project to be used by any one or more of the enterprises identified in item (3) of this section. See South Carolina Code 4-29-10
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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 48-56-20
Interbasin transfer: means the withdrawal of surface water from a river basin and the movement of that water to a river basin different from the source of the withdrawal. See South Carolina Code 49-4-20
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
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 48-56-20
Interests in lands: means fee simple titles to lands or conservation easements. See South Carolina Code 48-59-30
Investigative information: means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation. See South Carolina Code 40-45-520
Joint resolution: A legislative measure which requires the approval of both chambers.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Jurisprudence: The study of law and the structure of the legal system.
Know: means to have actual knowledge. See South Carolina Code 44-43-305
Land: means real property, including highlands and wetlands of any description. See South Carolina Code 48-59-30
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}
Licensee: means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant. See South Carolina Code 40-45-520
licensing board: means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants. See South Carolina Code 40-45-520
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Litter: means all waste material including, but not limited to, bottles, glass, crockery, cans, paper, plastic, rubber, garbage, offal, waste building material at construction sites, disposable packages, or containers thrown or deposited as prohibited by the provisions of this chapter but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. See South Carolina Code 48-53-10
Local governing body: means the governing body of a county or municipality. See South Carolina Code 6-1-510
Maintenance: means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers. See South Carolina Code 48-46-30
Maintenance treatment: means the dispensing, for a period in excess of twenty-one days, of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs. See South Carolina Code 44-53-110
Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:

(a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

(b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See South Carolina Code 44-53-110
Manufacturer: means any person who packages, repackages, or labels any container of any controlled substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer. See South Carolina Code 44-53-110
Manufacturer clearinghouse: means an entity that prepares and submits a manufacturer electronic waste program plan to the department, and oversees the manufacturer electronic waste program, on behalf of a group of two or more manufacturers cooperating with one another to collectively establish and operate an electronic waste program for the purpose of complying with this chapter and that collectively represent at least fifty-one percent of the manufacturers' total obligations pursuant to this chapter for a program year. See South Carolina Code 48-60-20
Manufacturer electronic waste program: means any program established, financed, and operated by a manufacturer, individually or collectively as part of a manufacturer clearinghouse, to transport and subsequently recycle, in accordance with the requirements of this act, covered televisions and computer monitor devices collected at program collection sites and one-day collection events. See South Carolina Code 48-60-20
Marijuana: means :

(i) all species or variety of the marijuana plant and all parts thereof whether growing or not;

(ii) the seeds of the marijuana plant;

(iii) the resin extracted from any part of the marijuana plant; or

(iv) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin. See South Carolina Code 44-53-110
Medical emergency: means in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. See South Carolina Code 44-41-610
Member state: means a state that has enacted the compact. See South Carolina Code 40-45-520
Minimal changes in water quantity: means that greater than ninety percent of the water withdrawn by a surface water withdrawer, based upon the previous twenty-four months of historical data, is returned to the waters of origin; provided, that either the amount of water not returned to the water source does not:

(a) exceed three million gallons during any one month; or

(b) significantly reduce the safe yield at the withdrawal point. See South Carolina Code 49-4-20
Minimum instream flow: means the flow that provides an adequate supply of water at the surface water withdrawal point to maintain the biological, chemical, and physical integrity of the stream taking into account the needs of downstream users, recreation, and navigation and that flow is set at forty percent of the mean annual daily flow for the months of January, February, March, and April; thirty percent of the mean annual daily flow for the months of May, June, and December; and twenty percent of the mean annual daily flow for the months of July through November for surface water withdrawers as described in § 49-4-150(A)(1). See South Carolina Code 49-4-20
Minimum water level: means the water level in an impoundment necessary to maintain the biological, chemical, and physical integrity of the surface water in the impoundment taking into account downstream uses, withdrawals from the impoundment, and recreational and navigational needs as established by an existing federal regulatory process or established through consultation between the department and the operator of the impoundment. See South Carolina Code 49-4-20
Minor: means an individual who is under eighteen years of age. See South Carolina Code 44-43-305
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(a) opium, coca leaves, and opiates;

(b) a compound, manufacture, salt, derivative or preparation of opium, coca leaves, or opiates;

(c) a substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subitem (a) or (b). See South Carolina Code 44-53-110
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.
Nonconsumptive use: means a use of surface water withdrawn in such a manner that it is returned to its waters of origin within the boundaries of contiguous property owned by the surface water withdrawer with no or minimal changes in water quantity. See South Carolina Code 49-4-20
Noncontrolled substance: means any substance of chemical or natural origin which is not included in the schedules of controlled substances set forth in this article or included in the federal schedules of controlled substances set forth in Title 21, Section 812 of the United States Code or in Title 21, Part 1308 of the Code of Federal Regulations. See South Carolina Code 44-53-110
Nonregional generator: means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. See South Carolina Code 48-46-30
Nonregional waste: means waste produced by a nonregional generator. See South Carolina Code 48-46-30
Notebook computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. See South Carolina Code 48-60-20
Oath: A promise to tell the truth.
Office: means the Office of Regulatory Staff. See South Carolina Code 48-46-30
On-site supervision: means supervision provided by a physical therapist or physical therapist assistant who must be:

(a) continuously on site and present in the department or facility where the supervisee is performing services;

(b) immediately available to assist the supervisee in the services being performed;

(c) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to the supervisee. See South Carolina Code 40-45-20
One-day collection event: means a one-day event used as a substitute for a program collection site pursuant to § 48-60-56. See South Carolina Code 48-60-20
Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See South Carolina Code 44-53-110
Opium poppy: means the plant of the species Papaver somniferum L. See South Carolina Code 44-53-110
Organ and Tissue Procurement Organization: means the organ procurement organization designated to perform organ recovery services in South Carolina by the United States Department of Health and Human Services which also has the capability to procure tissue. See South Carolina Code 44-43-910
Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See South Carolina Code 44-43-305
Paraphernalia: means any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a controlled substance and does not include cigarette papers and tobacco pipes but includes, but is not limited to:

(a) metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(b) water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine;

(c) carburetion tubes and devices;

(d) smoking and carburetion masks;

(e) roach clips;

(f) separation gins designed for use or intended for use in cleaning marijuana;

(g) cocaine spoons and vials;

(h) chamber pipes;

(i) carburetor pipes;

(j) electric pipes;

(k) air-driven pipes;

(l) chilams;

(m) bongs;

(n) ice pipes or chillers. See South Carolina Code 44-53-110
Parent: means a parent whose parental rights have not been terminated. See South Carolina Code 44-43-305
Part: means an organ, an eye, or tissue of a human being. See South Carolina Code 44-43-305
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 member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege. See South Carolina Code 40-45-520
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 48-56-20
Permit to construct: means a permit issued by the department after consideration of proposed well location, depth, rated capacity, and withdrawal rate. See South Carolina Code 49-5-30
Permitted surface water withdrawer: means a person withdrawing surface water pursuant to a surface water withdrawal permit. See South Carolina Code 49-4-20
Permittee: means a person authorized to make withdrawals of surface water pursuant to a surface water withdrawal permit issued by the department. See South Carolina Code 49-4-20
Permittee: means a person having obtained a permit to construct or a groundwater withdrawal permit issued in accordance with §§ 49-5-60 and 49-5-110. See South Carolina Code 49-5-30
Person: means an individual, firm, partnership, trust, estate, association, public or private institution, municipality, or political subdivision, governmental agency, public water system, or a private or public corporation or other legal entity organized under the laws of this State or any other state or county. See South Carolina Code 49-4-20
Person: means an individual, firm, partnership, association, public or private institution, municipality or political subdivision, governmental agency, public water system, or a private or public corporation organized under the laws of this State or any other state or county. See South Carolina Code 49-5-30
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See South Carolina Code 44-43-305
Person: means an individual. See South Carolina Code 40-45-20
Person: means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states. See South Carolina Code 48-46-30
Person: means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. See South Carolina Code 48-56-20
Person: means an individual, business entity, partnership, limited liability company, corporation, not-for-profit corporation, association, government entity, public benefit corporation, or public authority. See South Carolina Code 48-60-20
Personal property: All property that is not real property.
Physical therapist: means a person who has met all the conditions of this chapter and is licensed in this State to practice physical therapy. See South Carolina Code 40-45-20
Physical therapist: means an individual who is licensed by a state to practice physical therapy. See South Carolina Code 40-45-520
Physical therapist assistant: means a person who is licensed by the board to assist a physical therapist in the practice of physical therapy and whose activities are supervised and directed by a physical therapist whose license is in good standing. See South Carolina Code 40-45-20
Physical therapist assistant: means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy. See South Carolina Code 40-45-520
physical therapy: as used in this chapter , and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests. See South Carolina Code 40-45-20
Physical therapy aide: means a nonlicensed person who helps the physical therapist or physical therapist assistant but whose duties do not require an understanding of physical therapy nor formal training in anatomical, biological, or physical sciences. See South Carolina Code 40-45-20
Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-610
Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-10
Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See South Carolina Code 44-43-305
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.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
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 48-56-20
Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See South Carolina Code 44-53-110
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
practice of physical therapy: means the evaluation and treatment of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, and pain from injury, disease, and any other bodily or mental condition and includes the administration, interpretation, documentation, and evaluation of physical therapy tests and measurements of bodily functions and structures; the establishment, administration, evaluation, and modification of a physical therapy treatment plan which includes the use of physical, chemical, or mechanical agents, activities, instruction, and devices for prevention and therapeutic purposes; and the provision of consultation and educational and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. See South Carolina Code 40-45-20
Practitioner: means :

(a) a physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State;

(b) a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State. See South Carolina Code 44-53-110
Pregnant: means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. See South Carolina Code 44-41-610
Pregnant: means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. See South Carolina Code 44-41-10
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Price schedule: means disposal rates. See South Carolina Code 48-46-30
Printing device: means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service from a residence that are designed to reside on a work surface, and include various print technologies including, without limitation, laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multifunction" or "all-in-one" devices that perform different tasks including, without limitation, copying, scanning, faxing, and printing. See South Carolina Code 48-60-20
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See South Carolina Code 44-43-305
Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See South Carolina Code 44-53-110
Program collection site: means a physical location that is included in a manufacturer electronic waste program and at which covered television devices or covered computer monitor devices are collected and prepared for transport by a collector during a program year in accordance with the requirements of this chapter. See South Carolina Code 48-60-20
Program year: means the calendar year. See South Carolina Code 48-60-20
Project: means any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by the following investors or any combination of them:

(a) any enterprise for the manufacturing, processing, or assembling of any agricultural or manufactured products;

(b) any commercial enterprise engaged in storing, warehousing, distributing, transporting, or selling products of agriculture, mining, or industry, or engaged in providing laundry services to hospitals, to convalescent homes, or to medical treatment facilities of any type, public or private, within or outside of the issuing county or incorporated municipality and within or outside of the State;

(c) any enterprise for research in connection with any of the foregoing or for the purpose of developing new products or new processes or improving existing products or processes;

(d) any enterprise engaged in commercial business including, but not limited to, wholesale, retail, or other mercantile establishments; residential and mixed use developments of two thousand five hundred acres or more; office buildings; computer centers; tourism, sports, and recreational facilities; convention and trade show facilities; and public lodging and restaurant facilities if the primary purpose is to provide service in connection with another facility qualifying under this subitem; and

(e) any enlargement, improvement, or expansion of any existing facility in subitems (a), (b), (c), and (d) of this item. See South Carolina Code 4-29-10
Proposed registered surface water withdrawer: means a proposed surface water withdrawer whose planned operations would result in his withdrawals being subject to the reporting but not the permitting requirements of this chapter. See South Carolina Code 49-4-20
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See South Carolina Code 44-43-305
PSC: means the South Carolina Public Service Commission. See South Carolina Code 48-46-30
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public water system: means a water system as defined in § 44-55-20 of the State Safe Drinking Water Act. See South Carolina Code 49-4-20
Public water system: means a water system as defined in § 44-55-20 of the State Safe Drinking Water Act. See South Carolina Code 49-5-30
Qualified coastal municipality: means a municipality bordering on the Atlantic Ocean that has a public beach within its corporate limits and which imposes a local accommodations tax pursuant to § 6-1-520 that does not exceed one and one-half percent pursuant to the limitations imposed pursuant to § 6-1-540. See South Carolina Code 6-1-620
Quorum: The number of legislators that must be present to do business.
Rated capacity: means the amount, in gallons per minute (gpm), of groundwater that is capable of being withdrawn from the completed well with the pump installed. See South Carolina Code 49-5-30
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Reasonable medical judgment: means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. See South Carolina Code 44-41-610
Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See South Carolina Code 44-43-305
Receipts: means the total amount of money collected by the site operator for waste disposal over a given period of time. See South Carolina Code 48-46-30
Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See South Carolina Code 44-43-305
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See South Carolina Code 44-43-305
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Recover: means to reuse or recycle. See South Carolina Code 48-60-20
Recoverer: means a person that reuses or recycles a covered device. See South Carolina Code 48-60-20
Refusal: means a record created under § 44-43-330 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See South Carolina Code 44-43-305
Regional disposal facility: means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility. See South Carolina Code 48-46-30
Regional generator: means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. See South Carolina Code 48-46-30
Regional waste: means waste generated within a member state of the Atlantic Compact. See South Carolina Code 48-46-30
Registered surface water withdrawer: means a person who makes surface water withdrawals for agricultural uses at an agricultural facility that is filing a report pursuant to § 49-4-50. See South Carolina Code 49-4-20
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.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remote state: means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. See South Carolina Code 40-45-520
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retail collection site: means a private sector collection site operated by a retailer collecting on behalf of a manufacturer. See South Carolina Code 48-60-20
Retail sale: means the sale of a new product through a sales outlet, the Internet, mail order, or otherwise, whether or not the seller has a physical presence in this State. See South Carolina Code 48-60-20
Retailer: means a person engaged in retail sales. See South Carolina Code 48-60-20
River basin: means the area drained by a river and its tributaries or through a specified point on a river, as determined in § 49-4-80(K)(2). See South Carolina Code 49-4-20
Rule: means a regulation, principle, or directive promulgated by the commission that has the force of law. See South Carolina Code 40-45-520
Safe yield: means the amount of water available for withdrawal from a particular surface water source in excess of the minimum instream flow or minimum water level for that surface water source. See South Carolina Code 49-4-20
Security Agreement: shall mean any trust agreement, mortgage, security agreement or assignment by which any bond or bonds issued pursuant to this chapter may be secured. See South Carolina Code 4-29-10
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 48-60-20
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.
Sign: means , with the present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See South Carolina Code 44-43-305
Site operator: means a facility operator. See South Carolina Code 48-46-30
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 48-56-20
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 48-56-20
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 44-43-305
State: means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy. See South Carolina Code 40-45-520
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Supplemental water source: means a source of water different from the source of permitted withdrawal that will be used when an adequate amount of water is unavailable for withdrawal from the permitted source, including, but not limited to, ground water wells, aquifer storage and recovery projects, water storage facilities, drought contingency ponds, and connections to other water providers. See South Carolina Code 49-4-20
Surface water: means all water that is wholly or partially within the State, including the Savannah River, or within its jurisdiction, which is open to the atmosphere and subject to surface runoff, including, but not limited to, lakes, streams, ponds, rivers, creeks, runs, springs, and reservoirs, but not including water and wastewater treatment impoundments, off-stream supplemental operations related impoundments, or water storage structures constructed by the surface water withdrawer to provide adequate supplies of surface water during low flow conditions. See South Carolina Code 49-4-20
Surface water: means all water which is open to the atmosphere and subject to surface runoff which includes lakes, streams, ponds, and reservoirs. See South Carolina Code 49-5-30
surface water withdrawal permit: means a written authorization issued to a person by the department that allows the person to hold and exercise a water right to withdraw surface water pursuant to the terms of the permit and this chapter. See South Carolina Code 49-4-20
Surface water withdrawer: means a person withdrawing surface water in excess of three million gallons during any one month from a single intake or multiple intakes under common ownership within a one mile radius from any one existing or proposed intake. See South Carolina Code 49-4-20
Tablet computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. See South Carolina Code 48-60-20
Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See South Carolina Code 44-43-305
Television: means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras. See South Carolina Code 48-60-20
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 pursuant to this chapter. See South Carolina Code 48-60-20
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tissue: means a portion of the human body other than an organ or an eye. See South Carolina Code 44-43-305
Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See South Carolina Code 44-43-305
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.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust fund: means the South Carolina Conservation Bank Trust Fund established pursuant to § 48-59-60. See South Carolina Code 48-59-30
Trustee: A person or institution holding and administering property in trust.
Ultimate user: means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administration to an animal owned by him or a member of his household. See South Carolina Code 44-53-110
Unborn child: means an individual organism of the species homo sapiens from conception until live birth. See South Carolina Code 44-41-610
Vehicle: means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. See South Carolina Code 48-53-10
Venue: The geographical location in which a case is tried.
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 48-56-20
Waste: means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7. See South Carolina Code 48-46-30
Well: means an excavation that is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing groundwater or for evaluating, testing, developing, draining, or recharging a groundwater reservoir or aquifer or that may control, divert, or otherwise cause the movement of groundwater from or into an aquifer. See South Carolina Code 49-5-30
Withdrawal: means to remove surface water from its natural course or location, or exercising physical control over surface water in its natural course or location, regardless of whether the water is returned to its waters of origin, consumed, transferred to another river basin, or discharged elsewhere. See South Carolina Code 49-4-20

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South Carolina Code > Title 4 > Chapter 29 – Industrial Development Projects

Terms Used In South Carolina Code > Title 4 > Chapter 29 - Industrial Development Projects

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