South Carolina Code 49-4-30. Exemptions
(1) withdrawals associated with active instream dredging or sand-mining operations or other nonconsumptive instream mining operations undertaken pursuant to the South Carolina Mining Act;
Terms Used In South Carolina Code 49-4-30
- Diffuse surface water: means water on the surface of the earth not located in defined courses, streams, or water bodies. See South Carolina Code 49-4-20
- Person: means an individual, firm, partnership, trust, estate, association, public or private institution, municipality, or political subdivision, governmental agency, public water system, or a private or public corporation or other legal entity organized under the laws of this State or any other state or county. See South Carolina Code 49-4-20
- Surface water: means all water that is wholly or partially within the State, including the Savannah River, or within its jurisdiction, which is open to the atmosphere and subject to surface runoff, including, but not limited to, lakes, streams, ponds, rivers, creeks, runs, springs, and reservoirs, but not including water and wastewater treatment impoundments, off-stream supplemental operations related impoundments, or water storage structures constructed by the surface water withdrawer to provide adequate supplies of surface water during low flow conditions. See South Carolina Code 49-4-20
- Withdrawal: means to remove surface water from its natural course or location, or exercising physical control over surface water in its natural course or location, regardless of whether the water is returned to its waters of origin, consumed, transferred to another river basin, or discharged elsewhere. See South Carolina Code 49-4-20
(2) emergency withdrawals;
(3) agricultural uses from farm ponds:
(a) owned or leased by the person making the withdrawal; or
(b) situated on two or more separately owned parcels of private property if each property owner agrees to the withdrawal;
(4) a person withdrawing surface water from any pond completely situated on private property and which is supplied only by diffuse surface water springs completely situated on the private property or groundwater withdrawals;
(5) naturally occurring evaporation from impoundments;
(6) a person withdrawing, using, or discharging surface water for the purpose of wildlife habitat management; and
(7) a special purpose district withdrawing surface water from any pond completely situated on property owned by a special purpose district and which is supplied only by diffuse surface water or springs completely situated on the special purpose district’s property.
(B) Hydropower generation, including pumped storage, is exempt from the permitting requirements of this chapter but not the reporting requirements in § 49-4-50.