(A) A person affected by the provisions of this chapter or the rules and regulations adopted by the department desiring to make a new outlet or source, or to increase the quantity of discharge from existing outlets or sources, for the discharge of sewage, industrial waste or other wastes, or the effluent therefrom, or air contaminants, into the waters or ambient air of the State, first shall make an application to the department for a permit to construct and a permit to discharge from the outlet or source. If, after appropriate public comment procedures, as defined by department regulations, the department finds that the discharge from the proposed outlet or source will not be in contravention of provisions of this chapter, a permit to construct and a permit to discharge must be issued to the applicant. The department, if sufficient hydrologic and environmental information is not available for it to make a determination of the effect of the discharge, may require the person proposing to make the discharge to conduct studies that will enable the department to determine that its quality standards will not be violated.
(B) The Department of Health and Environmental Control is the agency of state government having jurisdiction over the quality of the air and waters of the State of South Carolina. It shall develop and enforce standards as may be necessary governing emissions or discharges into the air, streams, lakes, or coastal waters of the State, including waste water discharges.
(C) The Department of Health and Environmental Control is the agency of state government having jurisdiction over those matters involving real or potential threats to the health of the people of South Carolina, including the handling and disposal of garbage and refuse; septic tanks; and individual or privately-owned systems for the disposal of offal and human or animal wastes.
HISTORY: 1962 Code Section 63-195.13; 1952 Code Section 70-117; 1950 (46) 2153; 1964 (53) 2393; 1970 (56) 2512; 1971 (57) 709; 1973 (58) 788; 1992 Act No. 294, Section 1.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 1 - Pollution Control Act
Section 48-1-10. Short title; definitions.
Section 48-1-20. Declaration of public policy.
Section 48-1-30. Promulgation of regulations; approval of alternatives.
Section 48-1-40. Adoption of standards for water and air.
Section 48-1-50. Powers of department.
Section 48-1-70. Matters which standards for water may prescribe.
Section 48-1-80. Considerations in formulating classification and standards for water.
Section 48-1-85. Requirements for houseboats with marine toilets.
Section 48-1-87. Aquatic Life Protection Act.
Section 48-1-90. Causing or permitting pollution of environment prohibited; remedies.
Section 48-1-95. Wastewater utilities; procedures for significant spills.
Section 48-1-100. Permits for discharge of wastes or air contaminants; jurisdiction of department.
Section 48-1-115. Public notice of sludge storage facility construction permit.
Section 48-1-120. Determination and correction of undesirable level.
Section 48-1-130. Order for discontinuance of discharge of wastes or air contaminants.
Section 48-1-150. Situations in which public hearing is required or authorized.
Section 48-1-160. Conduct of hearing; decision of department.
Section 48-1-170. Records of hearings and decisions.
Section 48-1-180. Oaths; examination of witnesses; subpoenas.
Section 48-1-190. Refusal to obey notice of hearing or subpoena.
Section 48-1-210. Duties of Attorney General and solicitors.
Section 48-1-220. Institution of prosecutions.
Section 48-1-230. Disposition of funds.
Section 48-1-240. Chapter remedies are cumulative; estoppel.
Section 48-1-250. No private cause of action created.
Section 48-1-260. Conditions within industrial plants and employer-employee relations not affected.
Section 48-1-280. Health laws not affected.
Section 48-1-290. Emergency orders.
Section 48-1-300. Certain violations excused.
Section 48-1-310. Local air pollution control programs.
Section 48-1-320. Penalties for violation of Pollution Control Act.
Section 48-1-330. Civil penalties.
Section 48-1-350. Penalties constitute debts to State; liens; disposition of moneys collected.