South Carolina Code 49-5-110. Powers of department
(1) adopt and modify regulations to implement the provisions of this chapter;
Terms Used In South Carolina Code 49-5-110
- Aquifer: means a geologic formation, group of these formations, or part of a formation that is water bearing. See South Carolina Code 49-5-30
- Department: means the Department of Health and Environmental Control. See South Carolina Code 49-5-30
- Groundwater: means water in the void spaces of geologic materials within the zone of saturation. See South Carolina Code 49-5-30
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Person: means an individual, firm, partnership, association, public or private institution, municipality or political subdivision, governmental agency, public water system, or a private or public corporation organized under the laws of this State or any other state or county. See South Carolina Code 49-5-30
- Subpoena: A command to a witness to appear and give testimony.
(2) issue, modify, revoke, or deny construction and groundwater withdrawal permits;
(3) perform acts and issue orders as necessary to carry out the purposes and requirements of this chapter;
(4) administer and enforce this chapter and regulations promulgated and orders issued or effective under this chapter;
(5) present proper identification and then enter upon any land or water for the purpose of conducting an investigation, examination, or survey contemplated by this chapter;
(6) subpoena and require the attendance of witnesses and the production of books and papers by witnesses pertinent to investigations and inquiries the department is authorized to conduct under this chapter, and examine witnesses and those public records as necessary;
(7) enter into agreements, contracts, memoranda of understanding, or cooperative arrangements under terms and conditions as the department considers appropriate with any person necessary to carry out the intent of this chapter;
(8) distribute to, and receive financial and technical assistance from, public or private agencies, institutions of higher education, and the federal government;
(9) participate in programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
(10) evaluate and conduct, or have conducted, investigations regarding aquifer sampling, aquifer characteristics, hydrogenologic modeling, and other engineering, scientific, and economic analysis, including the establishment of minimum aquifer levels to carry out the provisions of this chapter. In conducting such investigations, the department will consider and utilize, as appropriate, reports, research, and studies of federal, state, or local agencies and departments of government. The results of these investigations shall serve as the basis for the evaluation of applications and the determination of applicable permit conditions.
The department shall negotiate agreements, accords, or compacts on behalf of and in the name of the State and with other states or the United States, or both, with an agency, department, or of either, or both, relating to withdrawal or diversion of groundwater that impacts the groundwater of this State, or are connected to those waters. In negotiating such agreements, the department will consider, as appropriate, information provided by potentially affected federal, state, or local agencies and departments of government and will advise such entities of the final department action. An interstate compact made by the department by authority of this chapter is subject to approval by joint resolution of the General Assembly. The department shall represent this State in connection with groundwater withdrawals, diversions, or transfers occurring in other states which may affect this State.