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AS PASSED BY THE SENATE
May 31, 2000
H. 3434
Introduced by Reps. Campsen, Altman, Davenport, Inabinett and Sharpe
S. Printed 5/31/00--S.
Read the first time March 14, 2000.
TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 4 of Title 49 of the 1976 Code is amended to read:
Section 49-4-10. This chapter shall be known and cited as the South Carolina Water Use Reporting and Coordination Act.
Section 49-4-15. As used in this chapter:
(1) 'Board' means the board of the department.
(2) 'Department' means the Department of Health and Environmental Control.
Section 49-4-20. The department may promulgate regulations to require any person, business, firm, corporation, governmental agency or political subdivision using, withdrawing, diverting, obtaining or drilling for any surface, underground or other water within the State for any purpose to report any of the following water use information:
(a) Identification and location of any sites or facilities where such water is used, withdrawn, diverted, obtained and discharged.
(b) Identification and location of any sites or facilities where a water well is drilled.
(c) The source and location of the water.
(d) The capacity and location of any intake, withdrawal or diversion pumps or structures.
(e) The number and depth of any wells or underground sources from which water is withdrawn or to which it is returned and the capacity of any withdrawal pumps or structures.
(f) Any water treatments applied to such waters.
(g) The total amount of water so used, diverted, withdrawn or obtained in accordance with Section 49-4-30, including the maximum daily use within each month.
(h) Water storage and treatment capacity.
(i) For each discharge or return of water (1) the total amount of such discharge or return in accordance with Section 49-4-30 and the maximum daily discharge or return for each month, (2) the location of the discharge or return structure and the name and location of the receiving stream, river, well, land area, utility or other source to which the water is returned or discharged.
(j) The method used to determine the amount of water used, withdrawn or obtained. The department shall not require the installation of flow measuring devices to determine such amounts and where such devices are not available a reasonable estimate of the amount used, based on estimating procedures satisfactory to it, shall be sufficient for the purposes of reporting any water use information requested under this chapter.
(k) The general nature of the use made of the water. Such information shall be required by general category of use only and no requests for information shall be made which require compilation of extensive data not capable of reasonable estimation based on estimating procedures satisfactory to the department or which would be likely to reveal a trade secret or process or other confidential information as provided in Section 49-4-80.
Section 49-4-30. Information required to be reported pursuant to Section 49-4-20 shall be submitted to the department quarterly. Reports of water use exclusively for agricultural purposes shall be submitted to the department annually in accordance with Section 49-4-40. During and only during periods of extremely low stream flow the department may require monthly reports in lieu of quarterly reports and quarterly reports in lieu of annual reports. The department shall by regulation establish a procedure for requiring such emergency monthly and quarterly reports only from those water users in the affected low stream flow areas.
Section 49-4-40. The department shall establish by regulation a reporting system for agricultural uses in cooperation with Clemson University. Clemson University may participate with the department in collecting and compiling agricultural water use information in accordance with this chapter and the regulations promulgated by it.
Section 49-4-50. Reporting shall be required of any water user diverting, withdrawing or obtaining one hundred thousand gallons or more of water per day on any day.
Section 49-4-60. Any person, business, firm, corporation, governmental agency or political subdivision that drills, bores, digs, deepens, alters or changes any well, except wells intended for single family domestic purposes, four inches or greater in diameter for the purpose of using, withdrawing, diverting or obtaining water within the State shall submit to the department a driller's well log. The department may promulgate regulations specifying the information to be reported on forms prepared by it, including but not limited to the following:
(a) The character and depth of the formation passed through or encountered.
(b) The static water level of the completed well.
(c) A copy of the record of pumping tests, if any.
(d) The construction details, including lengths, diameters and thickness of casing, screening and gravel packing.
(e) The type of pumping equipment installed, if any.
Such logs shall be submitted to the department within thirty days after the completion of drilling, boring, digging, deepening, altering or changing such well.
Section 49-4-70. To the extent possible, the department shall utilize existing reporting forms and procedures and shall endeavor to reduce the number of separate reports required. Any person, business, firm, corporation, governmental agency or political subdivision reporting information, that is required by this chapter, to the department shall not be required to make additional reports to the department. The department may require additional attachments requesting information to forms employed by any state agency but only if such additional information does not increase the number of reports required and, in such cases, similar information shall not be required on any other reporting form under this chapter. Any form used for the reporting of information authorized by this chapter shall be drawn so that the responding party can readily determine the specific authority under which each question is asked.
Section 49-4-80. Upon a claim by the user that the disclosure of particular water use information, other than the total amount used, diverted, withdrawn or obtained would reveal a trade secret, process or other confidential information or would impair national security, the department shall hold such water use information confidential. Compilations of water use information not identifiable to the user may be published by the department. In any case in which the total amount of water used, diverted, withdrawn or obtained is claimed to be confidential, the department may require the user to establish that disclosure of such information would reveal a trade secret, process or other confidential information or impair national security.
Section 49-4-90. Prior to effecting any change in any regulations promulgated pursuant to the authority granted in this chapter, the department shall notify, via regular mail, water users to be affected by such change. This provision shall apply only to water users that are required by this chapter to submit a water use report to the department at the time a change in regulations is proposed by the department.
Section 49-4-10. This chapter may be cited as the South Carolina Surface Water Withdrawal and Reporting Act.
Section 49-4-20. As used in this chapter:
(1) 'Board' means the Board of the Department of Health and Environmental Control.
(2) 'Department' means the Department of Health and Environmental Control.
(3) 'Dewatering operations' means an operation that is withdrawing surface water for the purpose of draining an excavation or preventing or retarding flow into an excavation. Such an operation would include, but is not limited to, water and sewer line construction and excavating for a building foundation.
(4) 'Diffuse surface water' means water on the surface of the earth not located in defined courses, streams, or water bodies.
(5) '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.
(6) 'Existing surface water withdrawer' means a surface water withdrawer withdrawing surface water or a proposed surface water withdrawer with its intakes under construction before January 1, 2000.
(7) 'New surface water withdrawer' means a person who becomes a surface water withdrawer after December 31, 1999.
(8) '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.
(9) 'Public water system' means a water system as defined in Section 44-55-20 of the State Safe Drinking Water Act.
(10) 'Surface water' means all water, which is open to the atmosphere and subject to surface runoff which includes lakes, streams, ponds, and reservoirs.
(11) 'Surface water withdrawer' means a public water system withdrawing surface water in excess of three million gallons during any one month and any other 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.
Section 49-4-30. The following are exempt from this chapter:
(1) dewatering operations;
(2) emergency withdrawals;
(3) a person withdrawing surface water for environmental remediation purposes;
(4) a person withdrawing surface water from any pond completely situated in private property and which is supplied only by diffuse surface water;
(5) a person required to obtain a permit under the Interbasin Transfer of Water Act, Section 49-21-10, et seq.;
(6) a person withdrawing, using, or discharging surface water for the purpose of wildlife habitat management.
Section 49-4-40. (A) An existing surface water withdrawer in the State shall register its surface water use with the department on forms provided by the department no later than January 1, 2001.
(B) An existing surface water withdrawer already registered with the department is exempt from subsection (A).
(C) A surface water withdrawer shall submit a registration form to the department within thirty days after completing construction of its surface water intake.
Section 49-4-50. (A) A surface water user in the State shall file annually before January thirty with the department a report, on forms furnished by the department, of the quantity of water withdrawn.
(B) The quantity of surface water withdrawn must be determined by one of the following:
(1) flow meters accurate to within ten percent of calibration;
(2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log;
(3) the rated capacity of the cooling systems;
(4) any standard or method employed by the United States Geological Survey in determining these quantities;
(5) any other method found to provide reliable water withdrawal data approved by the department.
(C) The surface water withdrawer is not required to submit the surface water withdrawal report required by subsection (A) if the monthly quantity withdrawn from each intake is being reported to the department as a result of another environmental program reporting requirement, permit condition, or consent agreement.
Section 49-4-60. The department may:
(1) adopt and modify regulations to implement the provisions of this chapter;
(2) perform acts and issue orders as necessary to carry out the purposes and requirements of this chapter;
(3) administer and enforce this chapter and regulations promulgated and orders issued or effective under this chapter; and
(4) present proper identification and then enter upon any land or water for the purpose of conducting an investigation, examination, or survey contemplated by this chapter.
Section 49-4-70. A registered surface water withdrawer shall notify the department in writing within thirty days of constructing a new intake changing the method of measuring the withdrawal, ceasing to withdraw surface water, abandoning an intake, or a change in ownership.
Section 49-4-80. (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 liable to the State for a civil penalty of not more than one thousand dollars a day for each violation.
(C) The department may administer penalties as otherwise provided herein for a violation of this chapter, an order, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure a penalty.
(D) The department may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this chapter or an order issued pursuant to this chapter.
(E) Civil penalties collected pursuant to this section must be deposited in the general fund of the State."
SECTION 2. Chapter 5, Title 49 of the 1976 Code is amended to read:
Section 49-5-10. This chapter is known and may be cited as the Groundwater Use Act.
Section 49-5-20. The General Assembly declares that the general welfare and public interest require that the water 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 maintain conditions which are conducive to the development and use of water resources.
Section 49-5-30. Unless the context otherwise requires, the following terms as used in this chapter are defined as follows:
(1) 'Area of the State' means any municipality or county or portion of a county or municipality or other substantial geographical area of the State as may be designated by the department.
(2) 'Department' means the South Carolina Department of Health and Environmental Control.
(3) 'Person' means individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or any other state or county.
(4) 'Groundwater' means water of underground streams, channels, artesian basins, reservoirs, lakes, and other water under the surface of the earth whether percolating or otherwise, natural or artificial, which is contained within, flows through, or borders upon this State or any portion of this State, including those portions of the Atlantic Ocean over which this State has jurisdiction.
(5) 'Aquifer' means a geologic formation, group of these formations, or a part of such a formation that is water bearing.
(6) 'Domestic use' means a well appurtenant to a single family dwelling intended for household purposes, gardens, or livestock, except that this use is restricted to gardens and livestock for the personal use or consumption of the landowner or lessee operating the well but does not include gardens and livestock maintained for commercial purposes.
(7) 'Well' means any 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 any groundwater reservoirs or aquifer, or that may control, divert, or otherwise cause the movement of water from or into any aquifer. This does not include surface water impoundments that normally receive inflow from or discharge into a surface watercourse.
(8) 'Flowing well' means a well releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface.
Section 49-5-40. (A) The department, upon receipt of a request of a county, municipality, or other political subdivision of this State, may declare and delineate, and may modify, capacity use areas of the State where it finds that the use of groundwater requires coordination and regulation for protection of the interests and rights of residents or property owners of these areas or of the public interest.
(B) Within the meaning of this chapter 'a capacity use area' is one where the department finds that the aggregate uses of groundwater in or affecting the area have developed or threatened to develop to a degree which requires coordination and regulation, or exceed or threaten to exceed or otherwise threaten or impair, the renewal or replenishment of the waters or any part of them. In making its findings, the department shall consider, but is not limited to, determining whether there may be reason to believe that:
(1) groundwater levels (elevations relative to mean sea level of water table or artesian water head) in the area in question are declining or have declined excessively;
(2) the wells of two or more groundwater users within the area in question interfere substantially with one another;
(3) the available groundwater supply in the area in question is being or is about to be overdrawn;
(4) the flow of any surface watercourse is being affected by groundwater use; or
(5) groundwater level declines have resulted in or may result in compaction of aquifers with subsequent reduction in aquifer productivity or subsidence of land surface;
(6) groundwater level declines or fluctuations have resulted in or may result in the formation of sinkholes and dolines;
(7) groundwater withdrawals have resulted in or may result in the capture and diversion of natural or man-made contaminants; or
(8) other reasons exist, as determined by the department, that substantially may threaten, limit, or impair the ability to use groundwater for the benefit of the general welfare and public interest.
(C) The department may declare and delineate capacity use areas in accordance with the following procedures:
(1) Whenever the department, after reviewing a request from a county, municipality, or subdivision of this State, believes that a capacity use situation exists or may be emerging in any area of the State, it may direct its agent to conduct an investigation and report to the department on this situation.
(2) In conducting the investigation the agent shall consult with all interested persons, groups, and agencies, may retain consultants, and shall consider all factors relevant to the conservation and use of water in the area. The report must include the agent's findings and recommendations as to the water use problems of the area involving groundwater, whether effective measures can be employed limited to groundwater, and whether timely action by any agency or person may preclude the need for additional regulation at that time. The report must also include those other findings and recommendations as may be considered appropriate, including recommended boundaries for any capacity use area that may be proposed.
(3) If the department finds, following its review of the report (or following its evaluation of measures taken falling short of regulation) that a capacity use area should be declared, it may adopt an order declaring the capacity use area. Before adopting the order, the department shall give notice of its proposed action and conduct one or more public hearings with respect to the proposed action.
(4) The notice must be given not less than thirty days before the date of the hearing and state the date, time, and place of hearing, the subject of the hearing, and the action which the department proposes to take. The notice must either include details of the proposed action, or where the proposed action is too lengthy for publication, the notice must specify that a copy of the proposed action may be obtained on request from the department.
(5) The notice must be published at least once in one newspaper of general circulation circulated in each county of the State in which the water area affected is located.
(6) Any person who desires to be heard at the public hearing shall give notice of this desire in writing to the department on or before the first date set for the hearing. The department is authorized to set reasonable time limits for the oral presentation of views by any one person at the public hearing. The department shall permit anyone who so desires to file a written argument or other statement with the department in relation to any proposed action of the department any time within thirty days following the conclusion of any public hearing or within that additional time as the department may allow by notice given as prescribed in this section.
(7) Upon completion of public hearings and consideration of relevant comments with respect to any proposed action by the department pursuant to this section, the department shall adopt its final action with respect to this matter and publish a notice of its action in the State Register. The department is empowered to modify or revoke any final action previously taken by it pursuant to the provisions of this section, the modification, or revocation, however, is subject to the procedural requirements of this chapter, including notice and hearing. If the department finds and orders that a capacity use area must be declared, its order must include a delineation of the boundary of the area, and the department shall instruct its agent to prepare proposed regulations consistent with the provisions of this chapter and commensurate with the degree of control needed from among the classes of permissible regulations set forth in Section 49-5-50.
Section 49-5-50. (A) Following the declaration of a capacity use area by the department, it shall prepare proposed regulations to be applied in the area, containing such of the following provisions as the department finds appropriate concerning the use of groundwaters:
(1) Provisions requiring water users within the area to submit reports not more frequently than at thirty-day intervals concerning quantity and quality of water used or withdrawn, sources of water, water levels, and the nature and distribution of the use of the water. The department shall not require reports of public supply well water quality where the reports are duplicative and are derived from samples collected at times and by methods suitable for the purposes of the department .
(2) With respect to groundwaters provisions concerning the timing of withdrawals; provisions to protect against or abate saltwater encroachment; provisions to protect against or abate unreasonable adverse effects on other water users within the area, including, but not limited to, adverse effects on public use; and provisions to minimize waste by requiring users to employ water conservation measures.
(3) With respect to groundwaters provisions concerning well depth and spacing controls; and provisions establishing a range of prescribed pumping levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part of the wells or aquifer based on the capacities and characteristics of the aquifer.
(4) With respect to groundwaters provisions concerning withdrawals to protect against or abate sinkholes and land subsidence resulting from or relating to these withdrawals.
(5) With respect to wells provisions concerning minimum well design standards; provisions requiring approval by the department of well design plans before construction and the issuance of any permit under this chapter; provisions regarding technical upgrading requirements on, for, or to permitted wells consistent with the level of regulation necessary in the capacity use area; and provisions concerning the abandonment of wells.
(6) Those other provisions not inconsistent with this chapter as the department finds necessary to implement the purposes of this chapter.
(B) In adopting any regulations and in considering permit applications, revocations, or modifications the department shall consider:
(1) the number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses;
(2) the nature and size of the aquifer;
(3) the physical and chemical nature of any impairment of the aquifer, adversely affecting its availability or fitness for other water uses including public use;
(4) the probable severity and duration of the impairment under foreseeable conditions;
(5) the injury to public health, safety, or welfare which results if the impairment is not prevented or abated;
(6) the kinds of businesses or activities to which the various uses are related;
(7) the importance and necessity of the uses claimed by permit applicants under this section, or of the water uses of the area, and the extent of any injury or detriment caused or expected to be caused to other water uses including public use;
(8) the efficacy of conservation measures with respect to the extent of reuse, reduction of losses to the ground, surface, and atmosphere, and prevention of unreasonable or wasteful use;
(9) diversion from or reduction of flows in other watercourses or aquifers; and
(10) any other relevant factors.
(C) The department may modify or revoke any final action previously taken by it pursuant to the provisions of this section.
Section 49-5-60. (A) In areas declared by the department to be capacity use areas no person shall (after the expiration of that period, not in excess of twelve months, as the department may designate) withdraw, obtain, or utilize groundwaters in excess of the following amounts for any purpose, nor construct a water well with the intent of pumping these amounts, unless the person first obtains a permit for this purpose from the department:
(1) one hundred thousand gallons each day on any day;
(2) one million gallons each month in any month; or
(3) ten million gallons in any twelve consecutive months. Applications for the permits must set forth those facts the department considers necessary to enable it to establish and maintain adequate records of water uses within the capacity use area. No permit is required under this chapter for groundwater use which is for domestic use only.
(B) Upon receipt of an application for a groundwater use permit, which application must be submitted on forms supplied by the department, the department shall require the applicant to publish a notice, in that form as may be prescribed by the department, in a newspaper of general circulation in the county where the groundwater use is proposed. Each applicant shall provide the department an affidavit of publication, along with a copy of the notice published. The notice must inform interested persons of the submission of the application, the location of the well or proposed well, the maximum amount of groundwater to be used, the general nature of the use proposed for the groundwater, and other information considered relevant by the department. Any interested person may submit written comments to the department on any permit application within thirty days following publication of the notice required in this section. The department may, in its discretion, conduct a public information hearing on any application for a groundwater use permit. The department shall also provide a copy of this notice through regular mail to each permitted groundwater user within a one mile radius of the proposed groundwater withdrawal point.
(C) The department shall notify each person making application for a permit of the department's proposed action concerning the permit application, and transmit with the notice a copy of any permit it has proposed to issue, which permit becomes final unless a request for a hearing is made within fifteen days from the date of service of the notice. The department has the power:
(1) to grant the permit with conditions the department considers necessary to implement the regulations adopted pursuant to Section 49-5-50;
(2) to grant any temporary permit for the time the department specifies where conditions make the temporary permit essential, even though the action allowed by the permit may not be consistent with the department's regulations applicable to the capacity use area;
(3) to modify, suspend, or revoke any permit upon not less than thirty days' written notice to any person affected; and
(4) to deny the permit if the application for it or the effect of the water use proposed or described in the permit upon the water resources of the area is found to be contrary to public interest.
(D) Any person aggrieved in a manner or to a degree significantly different from the general public by the proposed action of the department on any permit application as specified in subsection (C) may request a hearing before an Administrative Law Judge pursuant to the Administrative Procedures Act.
(1) Any appeal of a decision by the Administrative Law Judge shall be made to the board pursuant the provision of the Administrative Procedures Act.
(2) The burden of proof at any hearing under this chapter is upon the person or the department, as the case may be, at whose instance the hearing is being held.
(3) The board of the department has the authority to adopt a seal which must be judicially noticed by the courts of the State. Any document, proceeding, order, degree, special order, regulation, rule of procedure, or any other official act or records of the board of the department or its minutes may be certified by the director of the department under his hand and the seal of the department and when so certified must be received in evidence in all actions or proceedings in the courts of the State without further proof of the identity of the records if the records are competent, relevant, and material in the action or proceeding. The board of the department shall have the right to take judicial notice of all studies, reports, statistical data, or any other official reports or records of the federal government or of any sister state and all these records, reports, and data may be placed in evidence by the department or by any other person or interested party where material, relevant, and competent.
Section 49-5-70. (A) A permit under Section 49-5-60 must be issued for a period specified as follows:
(1) ten years; or
(2) a period found by the department to be reasonable based upon review of relevant factors and circumstances pertaining to the proposed groundwater use. Permits may be renewed following their expiration upon compliance with the provisions of Section 49-5-60.
(B) Permits may not be transferred except with the approval of the department.
(C) Every person in a capacity use area who is required by this chapter to secure a permit shall file with the department in the manner prescribed by the department a certified statement of quantities of water used and withdrawn, sources of water, and the nature of the use of the water not more frequently than thirty-day intervals. These statements must be filed on forms furnished by the department within ninety days after the adoption of an order by the department declaring a capacity use area.
(D) If any person who is required to secure a permit under this chapter is unable to furnish accurate information concerning amounts of water being withdrawn or used, or if there is evidence that his certified statement is false or inaccurate or that he is withdrawing or using a larger quantity of water or under different conditions than has been authorized by the department, the department has the authority to require the person to install water meters, or some other more economical means for measuring water use acceptable to the department. In determining the amount of water being withdrawn or used by a permit holder or applicant the department may use the rated capacity of his pumps, the rated capacity of his cooling system, data furnished by the applicant, or the standards or methods employed by the United States Geological Survey in determining these quantities or by any other accepted method.
(E) The department may require an applicant or permittee to construct, test, maintain, and monitor observation wells if reasonably necessary to evaluate the impact of a proposed or permitted well, mine, or pond on aquifers, water courses, existing or potential water users, land subsidence, or groundwater quality.
(F) In any case where a permit applicant can prove to the department's satisfaction that the applicant was withdrawing or using water before the date of declaration of a capacity use area, the department shall take into consideration the extent to which the prior use or withdrawal was reasonably necessary in the judgment of the department to meet his needs and grant a permit which meets those reasonable needs. The granting of the permit must not encourage waste and must not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use.
(G) The department shall also take into consideration in the granting of any permit the prior investments of any person in lands and plans for the usage of water in connection with these lands which plans have been submitted to the department within a reasonable time after the declaration of a capacity use area. The granting of the permit must not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use.
(H) Pending the issuance or denial of a permit pursuant to subsection (F) or (G) of this section, the applicant may continue the same withdrawal or use which existed before the date of declaration of the capacity use area.
Section 49-5-80. The department may conduct those investigations as may reasonably be necessary to carry out its duties prescribed in this chapter, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating the condition, withdrawal, or use of any waters, investigating water sources, or investigating the installation or operation of any well and to require written statements or the filing of reports under oath with respect to pertinent questions relating to the installation or operation of any well. No person may be required to disclose any secret formula, processes, or methods used in any manufacturing operation or any confidential information concerning business activities carried on by him or under his supervision. No person may refuse entry or access to any authorized representative of the department who requests entry for the purposes of a lawful inspection and who presents appropriate credentials, nor may any person obstruct, hamper, or interfere with this representative while in the process of carrying out his official duties consistent with the provisions of this chapter.
Section 49-5-90. (A) The department may adopt and modify regulations to implement the provisions of this chapter.
(B) The department is authorized to cooperate with other state agencies and agencies of the federal government to the extent practical in the implementation of this chapter. The department may enter into or execute memoranda of understanding, agreements, or like instruments for purposes of coordinating administration of the programs of this chapter with any related or similar programs administered by a federal agency or another agency of the State.
Section 49-5-100. (A) Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars for each violation. In addition, if any person is adjudged to have committed the violation wilfully, the court may determine that each day during which the violation continued constitutes a separate offense.
(B) Upon violation of any of the provisions of this chapter, or the regulations of the department, the department, either before or after the institution of criminal proceedings, may also institute a civil action in the circuit court in the name of the State for injunctive relief. Neither the institution of the actions nor any of the proceedings on the actions relieve any party to the proceedings from the penalty prescribed by this chapter for any violation of these provisions or regulations.
(C) In addition to the criminal penalties authorized in subsection (A) and the injunctive relief authorized in subsection (B), any person whom the department determines to be in violation of any provision of this chapter or any regulation, permit or permit condition, final determination or order of the department may be assessed a civil penalty by the department of not less than fifty dollars nor more than one thousand dollars for each day of violation. The department may also issue an order requiring the person to comply with the provisions of this chapter, regulation, permit or permit condition, final determination or order, including an order requiring modification or abandonment of any well when considered necessary to protect groundwater. All civil penalties collected pursuant to this subsection must be deposited in the general fund of the State.
Section 49-5-110. Flowing wells that flow 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 these wells may be utilized as artesian wells to the extent actually necessary for a specific use. These wells must be fitted with a mechanism to restrict the flow of water if the flow is in excess of that necessary for the specific use. The Department of Health and Environmental Control may promulgate regulations to govern use of these wells in this State.
Section 49-5-120. 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.
Section 49-5-130. The Department of Health and Environmental Control may negotiate agreements, accords, or compacts on behalf of and in the name of the State with other states or the United States, or both, with an agency, department, or of either, or both, relating to withdrawal or diversion of groundwater that impacts the groundwater of this State, or are connected to those waters. Any interstate compacts made by the department by authority of this chapter are subject to approval by joint resolution of the General Assembly. The department may represent this State in connection with groundwater withdrawals, diversions, or transfers occurring in other states which may affect this State.
Section 49-5-10. This chapter may be cited as the Groundwater Use and Reporting Act.
Section 49-5-20. 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 maintain conditions which are conducive to the development and use of water resources.
Section 49-5-30. 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 withdrawn from the same aquifer from the same well or other nearby wells.
(3) 'Board' means the Board of the Department of Health and Environmental Control.
(4) '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.
(5) 'Department' means the Department of Health and Environmental Control.
(6) 'Dewatering operation' means an operation that is withdrawing groundwater from an aquifer for the purpose of draining an excavation or preventing or retarding groundwater flow into an excavation. This operation includes, but is not limited to, mining, water and sewer line construction, and excavating for a building foundation.
(7) '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.
(8) 'Existing groundwater withdrawer' means a groundwater withdrawer withdrawing groundwater or a proposed groundwater user with its wells under construction before January 1, 2000.
(9) 'Flowing well' means a well releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface.
(10) 'Groundwater' means water in the void spaces of geologic materials within the zone of saturation.
(11) 'Groundwater withdrawal permit' means a permit issued by the department to groundwater withdrawers in a designated capacity use area for the withdrawal of groundwater.
(12) '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.
(13) 'New groundwater withdrawer' means a person who becomes a groundwater withdrawer after December 31, 1999, except for a proposed groundwater withdrawer with its wells under construction before January 1, 2000.
(14) 'Nonconsumptive use' means the use of water from an aquifer that is returned to the aquifer from which it was withdrawn, at or near the point from which it was withdrawn, without diminishing the quantity any more than three million gallons in any one month or without substantial impairment in quality.
(15) 'Permit to construct' means a permit issued by the department after consideration of proposed well location, depth, rated capacity, and withdrawal rate.
(16) 'Permittee' means a person having obtained a permit to construct or a groundwater withdrawal permit issued in accordance with Sections 49-5-60 and 49-5-110.
(17) '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.
(18) 'Public water system' means a water system as defined in Section 44-55-20 of the State Safe Drinking Water Act.
(19) '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.
(20) 'Surface water' means all water which is open to the atmosphere and subject to surface runoff which includes lakes, streams, ponds, and reservoirs.
(21) 'Type I well' means a well constructed with an open hole in a bedrock aquifer.
(22) '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.
Section 49-5-40. 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 groundwater use to, the department.
Section 49-5-50. (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 increase the rated capacity of an existing well, at least thirty days before initiating the action. This notification must be made on forms provided by the department.
(C) The department shall develop a process for notifying potentially affected existing withdrawers and the public of all notices received pursuant to subsection (B).
Section 49-5-60. (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, after notice and public hearing, in accordance with the Administrative Procedures Act, shall designate a capacity use area. The department, local government authorities, other government agencies, or groundwater withdrawers may initiate the capacity use area designation process. The notice and public hearing must be conducted such that local government authorities, groundwater withdrawers, or the general public may provide comments concerning the capacity use area designation process. A capacity use area must be designated by the board based on scientific studies and evaluation of groundwater resources and may or may not conform to political boundaries.
(B) After notice and public hearing, the department shall coordinate the affected governing bodies and groundwater withdrawers to develop a groundwater management plan to achieve goals and objectives stated in Section 49-5-20. In those areas where the affected governing bodies and withdrawers are unable to develop a plan, the department shall take action to develop the plan. The plan must be approved by the board before the department may issue groundwater withdrawal permits for the area.
(C) Once the board approves the groundwater management plan for a designated capacity use area, each groundwater withdrawer shall make application for a groundwater withdrawal permit. The department shall issue groundwater withdrawal permits in accordance with the approved plan.
(D) A person or entity affected may appeal a decision of the board on a capacity use area designation within thirty days after the filing of the decision to the court of common pleas of any county which is included in whole or in part within the disputed capacity use area. The department shall certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the decision. The court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) in violation of constitutional or statutory provisions;
(2) in excess of the statutory authority of the agency;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) clearly erroneous in view of the reliable, probative, and substantial evidence on the record; or
(6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Section 49-5-70. (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 for noncommercial use.
(B) The following are exempt from the permitting requirements of Section 49-5-100 and the public notification requirements of Section 49-5-50:
(1) dewatering operations at mines;
(2) all other dewatering operations;
(3) Type I wells installed into crystalline bedrock in the Coastal Plain Groundwater Management Area;
(4) groundwater withdrawer constructing a new well to replace an existing well.
(C) Aquifer storage and recovery wells are exempt from the requirements of this chapter if:
(1) a permit in accordance with the Underground Injection Control Regulations, Regulation 61-87, S. C. Code of Regulations, is obtained from the department; and
(2) the amount of water withdrawn does not exceed the amount of water injected.
(D) The department may exempt wells of diminutive yield from the requirements of this chapter if these wells are used for purposes other than the wells which result in a person being considered a groundwater user.
Section 49-5-80. (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 department on forms provided by the department before becoming a groundwater withdrawer.
(C) A groundwater withdrawer shall register any additional wells within thirty days after initiating use of the wells.
Section 49-5-90. (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 meters accurate to within ten percent of calibration;
(2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log;
(3) the rated capacity of a cooling system;
(4) any standard or method employed by the United States Geological Survey in determining such quantities; or
(5) any other method approved by the department which will provide reliable groundwater withdrawal data.
(C) The groundwater withdrawer is not required to submit the groundwater withdrawal report required by subsection (A) if the monthly quantity withdrawn from each well is being reported to the department as a result of another environmental program reporting requirement, permit condition, or consent agreement.
Section 49-5-100. (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 to Section 49-5-70.
(B) Before a person may become a groundwater withdrawer in a designated capacity use area, an application for a groundwater withdrawal permit must be made to, and a groundwater withdrawal permit obtained from, the department.
(C) The department may grant a temporary groundwater withdrawal permit for up to one hundred eighty days or until a final decision is made on the application if an imminent hazard to public health exists or if an applicant demonstrates that physical or financial damage has occurred, or will occur, if a temporary permit is not granted. The issuance of a temporary permit does not guarantee the issuance of a groundwater withdrawal permit.
(D) The department may revoke a permit to construct or a groundwater withdrawal permit if it determines information in the permit application is false or the permittee fails to comply with the conditions of the permit.
(E) The department may revoke a temporary groundwater withdrawal permit if the permittee fails to adhere to the conditions of the temporary permit or provide timely response to requests for actions for information made pursuant to the application review.
(F) The department shall develop a public participation process for the permitting of new wells or for an increase in the rated capacity of a well and for groundwater withdrawal.
(G) The department is authorized to develop a 'General Permit' for groundwater withdrawal activities.
(H) A person or entity aggrieved by the department's decision on any permit application or revocation pursuant to this section may request a contested case hearing. The contested case must proceed in accordance with Articles 3 and 5, Chapter 23 of Title 1.
Section 49-5-110. 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 chapter and regulations promulgated and orders issued or effective under this chapter;
(5) present proper identification and then enter upon any land or water for the purpose of conducting an investigation, examination, or survey contemplated by this chapter;
(6) subpoena and require the attendance of witnesses and the production of books and papers by witnesses pertinent to investigations and inquiries the department is authorized to conduct under this chapter, and examine witnesses and those public records as necessary;
(7) enter into agreements, contracts, memoranda of understanding, or cooperative arrangements under terms and conditions as the department considers appropriate with any person necessary to carry out the intent of this chapter;
(8) distribute to, and receive financial and technical assistance from, public or private agencies, institutions of higher education, and the federal government;
(9) participate in programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
(10) evaluate and conduct, or have conducted, investigations regarding aquifer sampling, aquifer characteristics, hydrogenologic modeling, and other engineering, scientific, and economic analysis, including the establishment of minimum aquifer levels to carry out the provisions of this chapter. In conducting such investigations, the department will consider and utilize, as appropriate, reports, research, and studies of federal, state, or local agencies and departments of government. The results of these investigations shall serve as the basis for the evaluation of applications and the determination of applicable permit conditions.
The department shall negotiate agreements, accords, or compacts on behalf of and in the name of the State and with other states or the United States, or both, with an agency, department, or of either, or both, relating to withdrawal or diversion of groundwater that impacts the groundwater of this State, or are connected to those waters. In negotiating such agreements, the department will consider, as appropriate, information provided by potentially affected federal, state, or local agencies and departments of government and will advise such entities of the final department action. An interstate compact made by the department by authority of this chapter is subject to approval by joint resolution of the General Assembly. The department shall represent this State in connection with groundwater withdrawals, diversions, or transfers occurring in other states which may affect this State.
Section 49-5-120. (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 liable to the State for a civil penalty of not more than one thousand dollars a day for each violation.
(C) The department may administer penalties as otherwise provided herein for a violation of this chapter, an order, regulation, standard, permit, or permit condition or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure a penalty.
(D) The department may cause to be instituted a civil action in a court of applicable jurisdiction for injunctive relief to prevent violation of this chapter or an order issued pursuant to this chapter.
(E) Civil penalties collected pursuant to this section must be deposited in the general fund of the State.
Section 49-5-130. 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 may be utilized to the extent actually necessary for a specific use. These wells must be fitted with a mechanism to restrict the flow of water if the flow is in excess of that necessary for the specific use. The department may promulgate regulations to govern use of these wells in this State.
Section 49-5-140. 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.
Section 49-5-150. Existing capacity use areas and requirements as specified in Regulations121-1 and 121-2, S. C. Code of Regulations, remain in effect until the department promulgates regulations under the authority of this chapter."
SECTION 3. Chapter 23, Title 49 of the 1976 code is amended to read:
Section 49-23-10. This chapter may be cited as the South Carolina Drought Response Act of 1985.
Section 49-23-20. As used in this chapter:
(a) 'Department' means the Department of Natural Resources.
(b) 'Conservation' means a reduction in usage of water, to minimize or prevent depletion or waste of the water resource.
(c) 'Drought Response Committee' means the committee created under Section 49-23-50 49-23-60 to be convened to address drought related problems and responses.
(d) 'Office of primary responsibility' means the Department of Natural Resources.
(e) 'Person' means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or any other another state or country.
(f) 'Drought' means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State.
(f)g 'Water resources' means any and all water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground.
(g)h 'Diffused surface water' means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies.
(i) 'Drought indices' means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, sustained decline in potable drinking water supplies, agricultural stress, low soil moisture, and low precipitation. The department must, through regulation, establish specific numerical values for the indicies that define each level of drought.
(h)(j) 'Incipient drought' means that there is a significant threat of a drought as indicated demonstrated by a Palmer Index of -0.50 to -1.49 drought indices. The incipient drought phase will shall initiate inhouse mobilization by department personnel and the Drought Response Committee. The State Climatology Office, which department shall routinely monitors monitor the climatic variables, streamflow, and water levels in potable drinking water supplies and water levels in the above and below ground water tables and lakes, will inform those agencies on the notification list, and shall notify the Drought Response Committee and relevant federal, state, and local agencies that a portion of the State is experiencing an incipient drought condition. The department will must increase monitoring activities to identify any a change in existing conditions.
(i) (k) 'Moderate drought' exists when the Palmer Index reaches the -1.50 to -2.99 range and, moderate drought conditions have developed as verified by other means, means that there is an increasing threat of a drought as demonstrated by drought indices. If conditions indicate that this situation will persist, Statements will must be released to the news media by the State Climatologist department, and appropriate agencies will must accelerate monitoring activities.
(j) (l) 'Severe drought' exists when the Palmer Index reaches the -3.00 to -3.99 range and, severe drought conditions are verified by other means, means that the drought has increased to severe levels as demonstrated by drought indices. This phase will must be verified utilizing data, forecasts, and outlooks from various agencies in conjunction with National Weather Service forecasts and routinely monitored data. A drought of this severity will normally require requires an official declaration by the department and water-use water withdrawals and use restrictions.
(k)(m) 'Extreme drought' exists when the Palmer Index reaches or falls below -4.00 and, extreme drought conditions are verified by other means means that the drought has increased to extreme levels as demonstrated by drought indices. The State Climatology Office department will shall continue to evaluate information from various sources. Upon confirmation of an Extreme Drought Alert Phase, the Drought Response Committee may recommend that the Governor issue a public statement that an extreme drought situation exists and that appropriate water-use and withdrawal restrictions be imposed.
(l)(n) 'Board' means the governing authority of the Department of Natural Resources.
Section 49-23-30. The department shall formulate, coordinate, and execute a comprehensive drought response mitigation plan. The plan must be developed consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in (Chapter 3 of Title 49,) to the extent that the plan is compatible with the comprehensive state water resources policy plan. In carrying out these responsibilities, the department shall seek and utilize to the extent possible the input, resources, and expertise of other state agencies capable of in assisting in drought mitigation planning and response.
Section 49-23-40. This chapter applies to all of the water resources in streams, lakes, and potable drinking water supplies and water levels in the above and below ground water tables of the State, but this chapter does not authorize any restriction in use of water during an incipient, moderate, and severe drought declaration injected into aquifer storage and recovery facilities, water stored in managed watershed impoundments or water from any pond completely situated on private property and fed only by diffused surface water. During a drought declaration, the use of water from a managed watershed impoundment shall not be restricted as long as minimum streamflow or flow equal to the 7Q10 is maintained, whichever is less. For the purposes of this chapter, the waters of the State shall include all groundwater and all surface water within the State as defined in Section 49-23-1020. The drought response plan shall apply applies to every person using water in this State.
Section 49-23-50. Consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in (Chapter 3 of Title 49), the department, without limiting its general authority, may shall:
(a) routinely monitor and record climatic and other data necessary for the determination of drought conditions;
(b) make investigations it considers proper to determine whether action by the department in discharging its duties is necessary;
(c) determine levels of drought after consultation with the Drought Response Committee based upon data collected;
(d) establish drought management areas within the State in order to:
(1) enable drought response mitigation to be accomplished within defined geographical areas;
(2) prevent overly broad response to drought. Statewide action usually should not be taken in instances in which action in a particular area experiencing drought is more appropriate. Establishment of drought management areas by the department in no way limits the department's or the Drought Response Committee's authority to act in an area smaller than a drought management area, such as a county or watershed.
(e) establish drought alert phases based upon drought levels and provide the following kinds of notice of at each drought alert phase:
(1) The department shall notify public water suppliers, special purpose districts, and municipal and county governments in the affected drought management area, persons designated on notification lists, and other appropriate agencies and individuals.;
(2) The department shall publish notice of each drought alert phase at least once in a newspaper of general circulation in the areas affected and provide notice to the media in each drought management area at each drought alert phase.;
(3) The department may take any other action appropriate to announce a drought alert.;
(f) coordinate and implement responses to announced drought alert phases after required notification;
(g) execute the regulations promulgated by the department reasonably necessary to collect and distribute information, convene committees, promote water conservation, govern practice and procedure before the department, and to fulfill its duties and the purposes of this chapter.
Section 49-23-60. (a)(A) The department shall coordinate appropriate drought response upon consultation with a the Drought Response Committee. The Drought Response Committee is composed of two parts, as follows:
(1) A a statewide committee composed of the following state agencies: South Carolina Emergency Preparedness Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources.;
(2) A a local committee within each drought management area. The local committees shall consist of the following members to be appointed by the Governor on the recommendation of the legislative delegations from each of the drought management areas with the advice and consent of the Senate to represent the following interests: counties, municipalities, public service districts, private water suppliers, agriculture, industry, domestic users, regional councils of government, and commissions of public works, power generation facilities, special purpose districts and Soil and Water Conservation Districts; however, there may not be more than two members on a local committee from each county within the drought management area. The Governor on the recommendation of the legislative delegations from each of the drought management areas may appoint additional members as necessary to ensure broadbased input on the committee and may make interim appointments when the General Assembly is not in session. The statewide committee shall coordinate planning and response within each drought management area only upon consultation with the appropriate local committee in the impacted drought management area during moderate, severe and extreme drought declarations. The department Governor shall appoint the chair of the Drought Response Committee. The department shall and provide administrative support.
(b)(B) The Drought Response Committee shall convene as necessary upon call by the chair. In carrying out its responsibilities, the Drought Response Committee shall consult with and invite participation by notifying representatives of municipalities, counties, public and private water suppliers, public service districts, power generation facilities, industries, special purpose districts, private citizens, and commissions of public works in affected drought management areas and by providing notice to the media in each drought management area of the date, time, and location of the Drought Response Committee meetings and subsequent notice of actions taken by the Committee.
(c)(C) The department may consult and cooperate with federal agencies and agencies of the states of Georgia and North Carolina in carrying out its responsibilities under this chapter.
Section 49-23-70. (a)(A) Upon the inception of a drought alert phase, the department is responsible for disseminating public information concerning all aspects of the drought. The initial action in responding to drought must be public education, providing information as to existing and potential conditions and water conservation measures necessary to meet the demand presented at each drought alert phase.
(b)(B) The department shall provide available information on water demands and use to any significant water user, public or private, in order to promote voluntary water conservation.
(c)(C) The department may promulgate regulations to specify categories of nonessential water use. Water used strictly for firefighting purposes, health and medical purposes, maintaining instream flow minimum streamflow requirements, and minimum water levels in the potable drinking water suplies and the above and below ground water tables, and the use of water to satisfy federal, state, or local public health and safety requirements is considered essential water use. The department by regulation may provide for the mandatory curtailment of nonessential water uses during periods of severe or extreme drought in drought management areas. Mandatory curtailment of nonessential water use shall become effective only after the Drought Response Committee determines the action to be reasonably necessary to ensure supplies of water in drought management areas. Upon such a finding, the Drought Response Committee shall determine which categories of nonessential water must be curtailed after reviewing each category by the following standards:
(1) the purpose of the use,;
(2) the suitability of the use to the watercourse, lake, or aquifer,;
(3) the economic value of the use,;
(4) the social value of the use,;
(5) the extent and amount of the harm it causes,;
(6) the practicality of avoiding the harm by adjusting the use or method of use of one proprietor or the other,;
(7) the practicality of adjusting the quantity of water used by each proprietor;
(8) the protection of existing values of water uses, land, investments, and enterprises;
(9) the consumptive or nonconsumptive nature of the.
Following such determination, the department shall issue a declaration specifying the drought management areas affected and identifying the categories of nonessential water use to be curtailed. The declaration must be widely distributed to news media and must be published at least once a week in a newspaper of general circulation in each county affected. Any person adversely affected by mitigation or mandatory curtailment may, within ten days after such curtailment becomes effective, submit appropriate information to the department and obtain relief therefrom as is appropriate. Any declaration shall continue in effect only so long as conditions in any a drought management area reasonably require it, and the declaration shall must be terminated by action of either the Drought Response Committee or the department, and notice of termination of the declaration must be given as when originally issued. In the event that a declaration issued pursuant to this section conflicts with any ordinance or plan adopted pursuant to Section 49-23-80, the declaration shall supersede any ordinance or plan.
(d)(D) During any drought alert phase, the department may offer its services to mediate any dispute arising from competing demands for water. The mediation may be undertaken only upon the request of the parties involved and may not be binding. Any A mediation shall not stop or preclude the department and the Drought Response Committee from taking any other action authorized by this chapter. A party affected by a declaration of the Drought Response Committee has the right to appeal that action to the Administrative Law Judge Division. The appeal must be filed within five days of the declaration. The filing of an appeal operates as an immediate stay of the declaration of the Drought Response Committee as it affects the appellant. A review of the immediate stay must be heard by the Administrative Law Judge Division within five days of the filing of the notice of appeal with the Administrative Law Judge Division. All issues under appeal must be heard as a contested case pursuant to the provisions of the Administrative Procedures Act and the rules of the Administrative Law Judge Division.
Section 49-23-80. In the event If the Drought Response Committee determines that drought the severity of the conditions in any a drought management area have progressed to the extent that the safety, security, health, or welfare of the citizens of the area are threatened, the committee shall expeditiously report the conditions to the Governor. The committee shall also present the Governor with a priority list of recommended actions designed to alleviate the effects of drought conditions in affected drought management areas. Pursuant to the authority in Section 21 of Part II of Act 199 of 1979, the Governor may declare a drought emergency. In addition to exercising existing authority pursuant to Section 21 of Part II of Act 199 of 1979, the Governor may issue emergency proclamations and emergency regulations to require mandatory curtailment of water use withdrawals or to allocate water on an equitable basis. Notwithstanding any provisions of Section 21 of Part II of Act 199 of 1979, emergency action ordered by the Governor in response to a drought emergency may continue so long as conditions giving rise to the declaration of the emergency continue to threaten safety, security, health, or welfare.
Section 49-23-90. (a)(A) Municipalities, counties, public service districts, special purpose districts, and commissions of public works engaged in the business or activity of supplying water for any purpose shall develop and implement drought response ordinances, or plans where authority to enact ordinances does not exist. The ordinances or plans must be consistent with the State Drought Response Plan, implemented through the regulations adopted pursuant to this chapter. Within six months of approval by the General Assembly of regulations promulgated to implement this chapter, The department shall prepare and distribute a model drought response ordinance or ordinances plan.
(b)(B) Local drought ordinances or plans must be adopted within eighteen months of the approval by the General Assembly of regulations adopted pursuant to this chapter; but any A proposed ordinance or plan must or a change to an ordinance or plan first must be submitted to the department for review to determine consistency with the State Drought Response Plan.
Section 49-23-100. (a)(A) Any A person violating any a provision of this act chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor and not more than one thousand dollars for each violation. In addition, if any a person is adjudged to have committed the violation willfully, the court may determine that each day during which the violation continued constitutes a separate offense.
(b)(B) In addition, upon violation of any of the provisions of this chapter, or the regulations of the department, the director may, either before or after the institution of criminal proceedings, may institute a civil action in the circuit court in the name of the State for injunctive relief. Neither the institution of the actions nor any of the proceedings relating to them shall relieve any party to the proceedings from the penalty prescribed by this chapter for any violation of the provisions of the chapter."
SECTION 4. This act takes effect upon approval by the Governor.
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