South Carolina · statute · S.C. Code tit. 48, ch. 43 · 36 active provisions
Unless the context otherwise requires, the terms defined in this section shall have the following meaning when used in this chapter: (A) "Waste" means and includes: (1) physical waste, as that term is generally understood in the oil and gas industry; (2) the inefficient, excessive, or improper use, or the unnecessary d…
The waste of oil and gas and the pollution of the water, air or land is prohibited.
(A) This chapter shall apply to all lands however owned, including the submerged lands, both inland and offshore, tidelands and wetlands located within the jurisdictional limits of the State and any lands owned or administered by any government or any agency or political subdivision thereof, over which the State, under…
(A) No rule, regulation or order, or amendment thereof, except in an emergency, shall be made by the department without a public hearing upon at least twenty days' notice, exclusive of the date of service. No permit for the construction of a deep water port shall be granted by the department without a public hearing up…
(A) The board or an Administrative Law Judge shall have the power to conduct hearings, to summon witnesses, to administer oaths and to require the production of records, books and documents for examination at any hearing or investigation. (B) Upon failure or refusal on the part of any person to comply with a subpoena i…
Any person, who is aggrieved and has a direct interest in the subject matter of any final order issued by the board, may appeal such order to the circuit court.
Nothing in this chapter shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the state pursuant to either a federal or state permit.
This chapter shall be liberally construed to effect the purposes set forth herein and the Federal Water Pollution Control Act, as amended.
All rules and regulations adopted by the Department of Health and Environmental Control, as provided for in this chapter, must be approved by the General Assembly before they shall be effective; provided, however, no regulation approved by the General Assembly shall conflict, at the time of approval, with any requireme…
The department shall require that all persons who explore for oil or gas within the jurisdiction of the State of South Carolina obtain an exploration permit from the department. The department may include in the permits such conditions and restrictions as the department deems to be desirable or necessary and may charge…
All provisions of this article regulating the leasing for, exploration for, drilling for, transportation of, and production of oil and gas and their products apply to geothermal resources to the extent possible. The provisions of this article do not apply to wells drilled for water supply only.
(A) Whenever the department limits the amount of oil that may be produced in the State, the department shall allocate the allowable production among the pools on a reasonable basis. (B) Whenever the department limits the total amount of oil, gas, or condensate that may be produced in any pool to an amount less than the…
(A) The department may, upon application or on its own motion and after a hearing, establish spacing units for each pool. (B) An order establishing spacing units shall specify the size and shape of the units, which shall be such as will, in the opinion of the department, result in the efficient and economical developme…
(A) When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of a spacing unit, the interested persons may integrate their tracts or interests for the development and operation of the spacing unit. In the absence of voluntary integration,…
(A) The department upon its own motion may, and upon the application of any interested person shall, hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field. (B) The department shall make an order providing for the unit operation of a pool or part thereof if it f…
An agreement for the unit or cooperative development or operation of a field, pool or part thereof may be submitted to the department for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. Such approval shall constitute a complete defense to any suit chargin…
(A) The department shall require that all persons who desire to drill oil or gas wells obtain a permit for each well proposed to be drilled prior to the commencement of any drilling operations. The drilling of any well is hereby prohibited until a permit is granted by the department. (B) No permit to drill a gas or oil…
Whenever by reason of the termination of the full period within which an optional gas and oil lease which is of record may be kept alive by the payments of rentals, or at the termination of any of the options in such lease by reason of failure on the part of the lessee to comply with the condition therein for the preve…
(A) The South Carolina State Fiscal Accountability Authority, upon review by the Joint Bond Review Committee as necessary, hereinafter referred to as the authority, is hereby designated as the State Agency with the authority, responsibility and power to lease all State lands to persons for the purpose of drilling for a…
When used in this article unless the context clearly requires otherwise: (1) "Department" means the Department of Health and Environmental Control. (2) "Director" means the director of the department. (3) "Barrel" means 42 U. S. gallons at 60° Fahrenheit. (4) "Other measurements" means measurements set by the departmen…
(1) The General Assembly finds and declares that the highest and best use of the seacoast of the State is as a source of public and private recreation. (2) The General Assembly further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be ser…
(1) The powers and duties conferred by this article shall be exercised by the Department and shall be deemed to be an essential governmental function in the exercise of the police power of the State. The Department may call upon any other state agency for consultative services and technical advice and the agencies are…
(1) No person shall operate or cause to be operated a terminal facility as defined in Section 48-43-510 (8) without a registration certificate. (2) Registration certificates shall be issued on a five-year basis and shall expire on December thirty-first of the fifth year, such certificates shall be subject to such terms…
The Department shall from time to time adopt, amend, repeal, and enforce reasonable regulations relating to the cleanup and removal of discharges of pollutants into the waters or onto the coasts of this State. Such regulations shall include, but not be limited to: (a) Operation and inspection requirements for terminal…
(1) Any person discharging pollutants in violation of this article shall immediately undertake to contain remove, and abate the discharge to the Department's satisfaction. Notwithstanding the above requirement, the Department may undertake the removal of the discharge and may contract and retain agents who shall operat…