(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.
HISTORY: 1962 Code Section 70-41; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.
Structure South Carolina Code of Laws
Title 49 - Waters, Water Resources and Drainage
Chapter 5 - Groundwater Use And Reporting Act
Section 49-5-20. Legislative declaration of policy.
Section 49-5-80. Registration of groundwater withdrawers; new wells.
Section 49-5-90. Reports of quantity of water withdrawn; methods for determining quantity.
Section 49-5-110. Powers of department.
Section 49-5-120. Violations of chapter or regulation; civil and criminal penalties.
Section 49-5-130. Wells not requiring pumps; restriction of flow; promulgation of regulations.
Section 49-5-140. Effect of chapter on rights of use of surface water.