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March 8, 2000
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Read the first time April 15, 1999.
TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 55, Title 44 of the 1976 Code is amended to read:
Section 44-55-10. This article
should be known and may be cited as the State Safe Drinking Water Act.
Section 44-55-20. As used in this article:
(a)(1) 'Board' means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Safe Drinking Water Act.
(b)(2) 'Director' 'Commissioner' means the duly constituted director commissioner of the department or his authorized agent.
(3) 'Community Water Systems' means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents. This may include, but is not limited to, subdivisions, municipalities, mobile home parks, and apartments.
(4) 'Construction permit' means a permit issued by the department authorizing the construction of a new public water system or the expansion or modification of an existing public water system.
(c)(5) 'Contamination' means the adulteration or alteration of the quality of the water of a waterworks public water system or water treatment facility by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article.
(d)(6) 'Cross-connection' means any actual or potential connection or structural arrangement between a public water supply system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
(e)(7) 'Department' means the South Carolina Department of Health and Environmental Control, including personnel thereof authorized and empowered by the Board to act on behalf of the Department or Board.
(8) 'Human consumption' means water used for drinking, bathing, cooking, dish washing, and maintaining oral hygiene or other similar uses.
(9) 'Noncommunity water system' means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system.
(10) 'Nontransient noncommunity water system' means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.
(11) 'Operating permit' means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system.
(f)(12) 'Person' means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or their its legal representative, agent, or assigns.
(g)(13) 'Public water supply system' means:
(1)(a) any publicly or privately owned waterworks system which provides drinking water, whether bottled or, piped, or delivered through some other constructed conveyance for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;
(2)(b) all structures and appurtenances used for the collection, treatment, storage, or distribution of drinking water delivered to point of meter of consumer or owner connection;
(3)(c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of drinking the water; provided, that however, a public water supply shall system does not include a drinking water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system shall must be a separate public water supply. system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:
( i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or other similar uses;
(ii) the department determines that alternative water to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking and cooking; or
(iii) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.
(14) 'State Water System' means any water system that serves less than fifteen service connections or regularly serves an average of less than twenty-five individuals daily.
(15) 'Transient noncommunity water system' means a noncommunity water system that does not regularly serve at least twenty-five of the same persons over six months a year.
(h)(16) 'Well' means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. This shall include includes, but is not be limited to, wells used for water supply for irrigation, industrial and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.
( i)(17) 'Well contractor driller' means any an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or preparation for abandonment of any well as defined by this chapter. This term shall does not include persons owners constructing , opening, or closing abandoning wells on their own property for their own personal use only, except that these owners are not required to be licensed by the Department of Labor, Licensing and Regulation for construction wells.
Section 44-55-30. In general, the design and construction of any public water
supply shall system must be in accord with modern engineering practices for such these installations. The board shall establish such rules, regulations, procedures, or standards as may be necessary to protect the health of the public and to insure ensure proper operation and function of public water supplies and waterworks systems. Such rules and These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water supplies systems and other appropriate rules and regulations.
(a)(A) Before the construction, expansion, or modification of any public water supply system, application for a permit to construct shall must be made to, and a permit to construct obtained from, the department.
(b)(B) All applications for a permit to construct shall include such engineering, chemical, physical, radiological, or bacteriological data as may be required by the department and shall must be accompanied by engineering plans, drawings, and specifications prepared by an engineer registered in this State, which shall carry his official signature and seal or under the direct supervision of a person properly qualified to perform engineering work as provided in Chapter 22, Title 40 and must be signed or certified by a professional engineer as defined in Chapter 22, Title 40.
(c)(C) Upon the completion of construction, modification, or extension to a public water supply system, arrangements shall must be made for a final inspection and approval before operation as prescribed by regulation. No new facility shall may be operated prior to approval by the department.
(d)(D) Any public water supply shall system must be adequately protected and maintained so as to continuously provide safe and potable water in sufficient quantity and pressure and free from potential hazards to the health of the consumers. No person shall may install, permit to be installed, or maintain any unprotected cross-connection between a public water supply system and any other water system, sewer, or waste line or any piping system or container containing polluting substances. To facilitate the prevention and control of cross-connections, the department shall certify qualified individuals who are capable of testing cross-connection control devices to insure ensure their proper operation.
(E) Hand dug and bored wells constructed with casing materials of rock, concrete, or ceramic must not be used as a source of water for a public water system.
(e)(F) In exercising its responsibility under this article, the department is authorized to investigate the public water supply system as often as is deemed the department considers necessary by it. Records of operation of public water supplies shall systems must be kept on forms approved or furnished by the department and this data shall must be submitted at such times and intervals as deemed the department considers necessary by it. Samples of water shall must be collected and analyzed by the supplier systems as required.
(f)(G) The department may authorize variances or exemptions from the regulations issued pursuant to this section under conditions and in such manner as the board deems considers necessary and desirable; provided, however, that such these variances or exemptions are must be permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the Federal Safe Drinking Water Act.
(g)(H) The department or its authorized representative shall have has the authority to enter upon the premises of any public water supply system at any time for the purpose of carrying out the provisions of this article.
(h)(I) The department may issue, modify, or revoke any order to prevent any violation of this article after adequate notice and proper hearing as required by the Administrative Procedures Act.
(i)(J) The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, surveillance of laboratories, including certification programs, and research with respect to the operation and maintenance of any public water supply, waterworks system and water treatment facility; system; adopt and implement plans for the provision of drinking water under emergency circumstances; and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of any public water supply, waterworks system or water treatment facility; provided, system; however, that no permit shall may be revoked without first providing an opportunity for a hearing.
(j)(K) The Director Commissioner of the Department of Health and Environmental Control shall classify all public water supplies system treatment facilities giving due regard to the size, type, complexity, physical condition, source of supply, and treatment process employed by such the public water supply system treatment facility and the skill, knowledge, and experience necessary for the operation of such supplies these facilities. The classification shall be based on the following groups Each treatment facility must be classified at the highest applicable level of the following classification system, with Group VII Treatment being the highest classification level:
Group I Treatment.
All community water supplies which serve less than fifty taps and do not treat the water; all community water supplies which purchase all potable water from another public water supply and do not chemically treat the water; and all noncommunity water supplies which do not treat the water A facility which provides disinfection treatment using a sodium hypochlorite or calcium hypochlorite solution as the disinfectant.
Group II Treatment.
All community water supplies which serve fifty or more taps, obtain their water from wells or springs, and do not chemically treat the water A facility which provides disinfection treatment using gaseous chlorine or chloramine disinfection or includes sequestering, fluoridation, or corrosion control treatment.
Group III Treatment.
All public water supplies that treat water by simple addition of a chemical for the purpose of pH adjustment or disinfection, or which control taste and color by carbon absorption A facility treating a groundwater source which is not under the direct influence of surface water, utilizing aeration, coagulation, sedimentation, lime softening, filtration, chlorine dioxide, ozone, ultra-violet light disinfection, powdered activated carbon addition, granular activated carbon filtration or ion exchange, or membrane technology or that includes sludge storage or a sludge dewatering process.
Group IV Treatment.
All public water supplies employing conventional treatment techniques in the treatment of surface or ground water A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing aeration, coagulation, clarification with a minimum detention time of two hours in the clarification unit, lime softening, rapid rate gravity filtration (up to four gallons per minute per square foot), slow sand filtration, chlorine dioxide, powdered activated carbon addition, or granular activated carbon filtration or ion exchange or that includes sludge storage or a sludge dewatering process. This classification also includes any treatment facility which does not provide filtration for a surface water source or a groundwater source which is under the direct influence of surface water.
Group V Treatment.
All public water supplies employing advanced treatment techniques, such as reverse osmosis or activated carbon filtration, or all water systems which serve a total population in excess of two hundred thousand A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing high rate gravity filtration (greater than four gallons per minute per square foot), clarification with a detention time of less than two hours in the clarification unit, diatomaceous earth filtration, or ultra-violet light disinfection.
Group VI Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing direct filtration, membrane technology, or ozone.
Group VII Treatment Drinking water dispensing stations and vending machines which utilize water from an approved public water system or bottled water plants which treat water from the distribution system of a public water system or from a groundwater source which is not under the direct influence of surface water.
(L) The Commissioner of the Department of Health and Environmental Control shall classify all public water distribution systems giving due regard to the size, type, and complexity of the public water distribution system and the skill, knowledge, and experience necessary for the operation of these systems. The classification must be based on :
Group I Distribution. Distribution systems associated with state and transient noncommunity water systems.
Group II Distribution. Distribution systems associated with community and nontransient noncommunity public water systems which have a reliable production capacity not greater than six hundred thousand gallons a day and which do not provide fire protection.
Group III Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than six hundred thousand gallons a day but not greater than six million gallons a day (MGD) or have a reliable production capacity not greater than six hundred thousand gallons a day and provide fire protection.
Group IV Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity than six MGD, but not greater than twenty MGD.
Group V Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than twenty MGD.
(k)(M) It shall be is unlawful for any a person to operate a public water supply treatment facility or distribution system classified in Group II through V of subsection (j) of SECTION 44-55-40 subsection (K) or (L) unless the operator-in-charge holds a valid certificate of registration issued by the Board of Certification of Environmental Systems Operators South Carolina Environmental Certification Board in a grade corresponding to the classification of the public water supply treatment facility or distribution system supervised by him the operator in charge. All public water supplies treatment facilities classified in Group IV and V of Treatment through Group VI Treatment of subsection (j) of SECTION 44-55-40 (K) shall must have an operator of the appropriate grade certified by the South Carolina Board of Certification of Environmental Systems Operators Certification Board on duty while the facility is in operation.
(l) (N) Effective July 1, 1983, it shall be is unlawful for any a person to engage in the business of well contracting drilling or represent themselves himself or herself to the public as a well contractors driller without (i) obtaining certification from the South Carolina Board of Certification of Environmental Systems Operators, Certification Board or (ii) employing well drillers which are certified by the South Carolina Board of Certification of Environmental Systems Operators Certification Board. Persons constructing or abandoning wells on their own property for their own personal use only are not required to be licensed by the Department of Labor, Licensing and Regulation.
(m)(O) The board, to ensure that underground sources of drinking water are not contaminated by improper well construction and operation, shall be authorized to may promulgate regulations as developed by the Advisory Committee established pursuant to Section 44-55-45, setting standards for the construction, maintenance, operation, and abandonment of any well except for wells where well construction, maintenance, and abandonment are regulated by the Groundwater Use Act of 1969, Sections 49-5-10 et seq. , ; the Oil and Gas Exploration, Drilling, Transportation, and Production Act, Sections 48-43-10 et seq. , oil and gas production,; or the Water Use Reporting and Coordination Act, Section 49-4-10 et seq. For such these excepted wells, the board i s authorized to adopt may promulgate regulations. The board shall further ensure that all wells are constructed in accordance with the standards. The board shall make available educational training on the standards to well drillers or well contractors who desire such this training.
(P) The owner of a public water system must possess a valid operating permit to operate a public water system in this State.
Section 44-55-45. An advisory committee to the board
shall must be appointed for the purpose of advising the board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board. The Advisory Committee shall be is composed of eight members appointed by the board. Five members shall must be active well contractors, drillers; one member shall must be a registered professional engineer with experience in well design and construction ,; one member shall must be a consulting hydrogeologist with experience in well design and construction ,; and one member shall must be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom shall must be an employee of the Department of Health and Environmental Control, and appointed by the Director thereof commissioner ,; and two of whom shall must be employees of the South Carolina Department of Natural Resources and appointed by the director thereof.
The term of office of members of the Advisory Committee
shall be is for four years and until their successors are appointed and qualify with a maximum. No member may serve more than of two consecutive terms. The initial terms of office shall must be staggered and any member may be removed for cause after proper notification and an opportunity to be heard.
(1) (A) In establishing rules, regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the board or department shall must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and swimming in any reservoir without first making and publishing specific findings that such these recreational activities would be injurious to the public health and assigning with particularity the factual basis and reasons for such these decisions and the reasons therefor.
(2)(B) If the board or department determines that such these recreational activities would be injurious to the public health it shall cause to have published at least once a week for six consecutive weeks in a newspaper of general circulation in the county or area affected a summary of its findings. Any citizen of this State who objects to the findings of the board or department shall be is entitled to request a public hearing thereon, which the board or department shall conduct within thirty days after the request. The public hearing shall must be a formal evidentiary hearing where testimony shall must be recorded. After such the hearing the board or department shall review its initial findings and shall within thirty days after the hearing affirm or reevaluate its findings in writing and give notice thereof to known interested parties. The findings of the board or department may then be appealed to the circuit court, which shall be is empowered to modify or overrule such the findings if the court determines them the findings to be arbitrary or unsupported by the evidence. Notice of intention to appeal shall must be served on the board or department within fifteen days after it has affirmed or reevaluated its initial findings and copies thereof shall also must be served on known interested parties.
Any A public water supply agency system utilizing a fully owned and protected water supply reservoir that does not now employ or require filtration shed as its water supply is exempt from the provisions of this section.
(a)(A) An imminent hazard shall be is considered to exist when in the judgment of the director commissioner there is a condition which may result in a serious immediate risk to public health in a public water supply system.
(b)(B) In order to eliminate an imminent hazard, the director commissioner may, without notice or hearing, issue an emergency order requiring the water supplier system to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order shall must be served by certified mail or other appropriate means. An emergency order issued by the director shall commissioner must be effected immediately and binding until such the order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction.
Whenever a A public water supply system shall, as soon as practicable, give public notice if it:
(1) is not in compliance with the State Primary Drinking Water Regulations;
(2) fails to perform required monitoring;
subject to granted a variance granted for an inability to meet a maximum contaminant level requirement;
subject to granted an exemption; or
(5) fails to comply with the requirements prescribed by a variance or exemption
, the system shall, as soon as practicable, give public notice of such condition or noncompliance.
The board shall prescribe procedures for
such the public notice, including procedures for notification by publication in a newspaper of general circulation, notification to be given in the water bills of the systems, as long as a condition of violation exists, and such other notification as is deemed considered appropriate by the board.
(a)(A) It shall be is unlawful for any a person to fail to comply with:
(1) the provisions of this article or the regulations promulgated pursuant to this article;
to fail to comply with
(2) the conditions of any permit issued under this article; or
to fail to comply with
(3) any order of the department.
(b)(B) It shall be is unlawful for any a person to render a public water supply system, or part or portion thereof of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of such supply the system ; or to misrepresent any fact related to the operation of such a public water supply system.
(a)(A) Any person wilfully violating the provisions of Section 44-55-80 shall be deemed is guilty of a misdemeanor and upon conviction shall must be fined not more than ten thousand dollars a day for each day of per violation or imprisoned for not more than one year, or both.
(b)(B)(1) Any A violation of Section 44-55-80 by any a person shall render renders the violator liable to the State for a civil penalty of a sum which is not more than five thousand dollars a day for each day of per violation.
(2) The department may administer penalties as otherwise provided
herein for violations of this article, including any order, permit, 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 such this penalty.
(c)(C) The department may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this article or any order issued pursuant to Sections 44-55-40, 44-55-60 and 44-55-70.
Section 44-55-100. To carry out the provisions and purposes of this article, the department
is authorized and empowered to may:
(a)(1) enter into agreements, contracts, or cooperative arrangements, under such the terms and conditions as it deems considers appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;
(b)(2) receive financial and technical assistance from the federal government and other public or private agencies;
(c)(3) participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data, and information which may be required by the federal Safe Drinking Water Act;
(d)(4) establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary.
Section 44-55-120. (A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department is authorized to collect an annual fee
, which must be established annually in the general appropriations act, from each public drinking water system. The schedule for the annual fee, established pursuant to this article, may not be increased except in accordance with the Administrative Procedures Act. Upon appropriation of additional state funds for this specific purpose or state funds not otherwise allocated for specific purposes to implement the provisions of the federal Safe Drinking Water Act, the department shall adjust the fee schedule by an equivalent amount.
(B) There is established in the treasurer's office
a separate an account entitled the Safe Drinking Water Trust Fund which is separate and distinct from the Environmental Protection Fund established pursuant to Chapter 2, Title 48. The fees collected from the public water systems pursuant to this section must be deposited in this fund into the Drinking Water Trust Fund and must be provided to the department solely for purposes of implementing this chapter and the federal Safe Drinking Water Act. The fees must be established in accordance with fees which fund the Environmental Protection Fund pursuant to Chapter 2, Title 48.
(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising and providing an annual review to the department and General Assembly on the fee schedule and the use of revenues deposited in the
Safe Drinking Water Trust Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water service connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate and the Commissioner of the Department of Health and Environmental Control, or a designee.
(D) The department may deny a construction permit to any new system which is unable to demonstrate viability to comply with the Safe Drinking Water Act or where connection to an existing, viable water system is feasible. The department also may revoke or deny renewal of an operating permit to any existing water system which is unable to demonstrate its ability to continue compliance with this act.
(E) A water system may increase water rates to each service connection by an amount necessary to recover the cost of the safe drinking water fee without seeking approval of the public service commission. The total funds generated from rate increases to service connections for the purpose of paying the safe drinking water fee may not exceed the
cost amount of the fee established in the General Appropriations Act pursuant to subsection (B)."
SECTION 2. This act takes effect upon approval by the Governor except that the amendments to Section 44-55-40(K), (L), and (M) as newly designated in Section 1 of this act, take effect January 1, 2001.
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