S.C. Code § 49-5-10
Short title
This chapter may be cited as the Groundwater Use and Reporting Act.
South Carolina Code Title 49, Chapter 5 — Groundwater Use and Reporting Act
South Carolina · statute · S.C. Code tit. 49, ch. 5 · 15 active provisions
Provisions
S.C. Code § 49-5-20
Legislative declaration of policy
The General Assembly declares that the general welfare and public interest require that the groundwater resources of the State be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation, in order to conserve and protect these resources, prevent waste, and to provide and m…
S.C. Code § 49-5-30
Definitions
Unless the context otherwise requires, as used in this chapter: (1) "Aquifer" means a geologic formation, group of these formations, or part of a formation that is water bearing. (2) "Aquifer storage and recovery" or "ASR" means a process by which water is injected into an aquifer for storage and then subsequently with…
S.C. Code § 49-5-40
Department to establish groundwater management program; withdrawers to register sources and report use
In order to carry out the policy as stated in Section 49-5-20, the General Assembly finds that the department must establish and implement an effective statewide groundwater management program. To implement this program, all groundwater withdrawers shall register their groundwater sources with, and report their groundw…
S.C. Code § 49-5-50
Department to monitor groundwater withdrawals; notice of construction of new well or increase in capacity of existing well; public notice
(A) The department shall assess, notice, and monitor groundwater withdrawals in this State pursuant to this chapter. (B) A groundwater withdrawer or proposed groundwater withdrawer outside of a designated capacity use area in the Coastal Plain shall notify the department of its intent to construct a new well, or increa…
S.C. Code § 49-5-60
Capacity use area designation; notice and public hearing; development of groundwater management plan; groundwater withdrawal permits; appeals; grounds for reversal or modification
(A) In the State where excessive groundwater withdrawal presents potential adverse effects to the natural resources or poses a threat to public health, safety, or economic welfare or where conditions pose a significant threat to the long-term integrity of a groundwater source, including salt water intrusion, the board,…
S.C. Code § 49-5-70
Exemptions
(A) The following are exempt from this chapter: (1) emergency withdrawals of groundwater; (2) any person withdrawing groundwater for nonconsumptive uses; (3) a person withdrawing groundwater for the purpose of wildlife habitat management; (4) A person withdrawing groundwater at a single family residence or household fo…
S.C. Code § 49-5-80
Registration of groundwater withdrawers; new wells
(A) An existing groundwater withdrawer in the State shall register its groundwater withdrawal and subsequent use with the department on forms provided by the department no later than January 1, 2000. (B) A new groundwater withdrawer in the State shall register its groundwater withdrawal and subsequent use with the depa…
S.C. Code § 49-5-90
Reports of quantity of water withdrawn; methods for determining quantity
(A) Every permitted and registered groundwater withdrawer in the State shall annually before January thirty file with the department a report on forms furnished by the department of the quantities of groundwater withdrawn. (B) The quantity of groundwater withdrawn must be determined by one of the following: (1) flow me…
S.C. Code § 49-5-100
Permits; temporary permits; revocation; process for public participation in permitting process to be developed; contested case hearing
(A) Before a groundwater withdrawer or proposed groundwater withdrawer in a designated capacity use area can construct a new well or increase the rated capacity of an existing well, an application for a permit to construct must be made to, and a permit to construct obtained from, the department unless exempt pursuant t…
S.C. Code § 49-5-110
Powers of department
The department may: (1) adopt and modify regulations to implement the provisions of this chapter; (2) issue, modify, revoke, or deny construction and groundwater withdrawal permits; (3) perform acts and issue orders as necessary to carry out the purposes and requirements of this chapter; (4) administer and enforce this…
S.C. Code § 49-5-120
Violations of chapter or regulation; civil and criminal penalties
(A) A person wilfully violating a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars a day for each violation. (B) A violation of a provision of this chapter or a regulation promulgated under the authority of this chapter renders the violator liab…
S.C. Code § 49-5-130
Wells not requiring pumps; restriction of flow; promulgation of regulations
Wells that are flowing by releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface at a rate of greater than five thousand gallons a day at any time are an unreasonable use of groundwater constituting waste and are prohibited, except that the water from these wells ma…
S.C. Code § 49-5-140
Effect of chapter on rights of use of surface water
Nothing contained in this chapter changes or modifies existing common or statutory law with respect to the rights of the use of surface water in this State.
S.C. Code § 49-5-150
Existing capacity use areas
Existing capacity use areas and requirements as specified in Regulations 121-1 and 121-2, S. C. Code of Regulations, remain in effect until the department promulgates regulations under the authority of this chapter.