South Carolina Code 40-23-280. Requirements, proof, and initiation of claim on bond
(1) be payable for losses because of defective construction or performance by the bond principal or the principal’s agents operating in the course and scope of the principal’s agency; and
Terms Used In South Carolina Code 40-23-280
- abatement: refers to actions taken to ameliorate or correct conditions requiring remediation as defined in this section. See South Carolina Code 40-23-20
- Board: means the South Carolina Environmental Certification Board. See South Carolina Code 40-23-20
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Labor, Licensing and Regulation;
(5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;
(6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;
(7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;
(8) "Person" means an individual, partnership, or corporation;
(9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20 - License: means a serially numbered document issued by the board, containing the name of the person registered, certified, or licensed and the date of registration, certification, or licensing and certifying that the person named is authorized to practice a profession regulated by the board as specified on said document. See South Carolina Code 40-23-20
- Licensee: means a person currently or previously authorized to practice a licensed activity pursuant to this chapter and includes a person holding a license, permit, certification, or registration granted pursuant to this chapter. See South Carolina Code 40-23-20
- Remediation: means the correction, repair, restoration, or any other action taken in order to bring any condition or circumstance into compliance with a statute, standard, or regulation. See South Carolina Code 40-23-20
- Well: means a manmade horizontal, vertical, or angled opening in the ground made by digging, boring, drilling, jetting, driving, direct push technology, or any other method through which water is injected or withdrawn from beneath the surface of the earth for the purpose of human consumption, irrigation, industrial or commercial processes, or construction of closed loop systems. See South Carolina Code 40-23-20
(2) be cancelable only upon thirty days’ written notice to the board; and
(3) provide that cancellation does not affect any liability on the bond that accrued before cancellation; and
(4) be subject to claims as authorized by subsection (B); and
(5) be approved by the board as to form, execution, and sufficiency of the surety.
(B) If proof of a bond is required for licensure by this chapter, the requirement may be satisfied by proof that:
(1) the applicant maintains a current bond in his own name that is in compliance with the requirements of subsection (A);
(2) the applicant is a bona fide employee of a corporation that maintains a current bond in the corporate name that is in compliance with the requirements of subsection (A); or
(3) the applicant is a bona fide employee of a licensed well driller who maintains a current bond in the employer licensee‘s name that is in compliance with the requirements of subsection (A).
(C) After a hearing the board may initiate claims on the bond of any licensee for the cost of remediation or abatement of deficiencies or losses found to be the responsibility of the licensee. Claims are limited to actual damages and may not include attorney’s fees or consequential or punitive damages. Claims may also be initiated upon the bond by the Department of Health and Environmental Control for remediation of deficiencies or losses determined, in accordance with that agency’s procedures, to be the responsibility of a licensee.