South Carolina Code 49-5-70. Exemptions
(1) emergency withdrawals of groundwater;
Terms Used In South Carolina Code 49-5-70
- 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
- Coastal Plain: means :
(a) all of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Clarendon, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Hampton, Horry, Jasper, Lee, Marion, Marlboro, Orangeburg, Sumter, and Williamsburg counties; and
(b) those portions of Chesterfield, Edgefield, Kershaw, Lexington, Richland, and Saluda counties east or southeast of the fall line as identified on the best available geologic map. 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
- Groundwater withdrawer: means a person withdrawing groundwater in excess of three million gallons during any one month from a single well or from multiple wells under common ownership within a one-mile radius from any one existing or proposed well. See South Carolina Code 49-5-30
- 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
- Well: means an excavation that is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing groundwater or for evaluating, testing, developing, draining, or recharging a groundwater reservoir or aquifer or that may control, divert, or otherwise cause the movement of groundwater from or into an aquifer. See South Carolina Code 49-5-30
(2) any person withdrawing groundwater for nonconsumptive uses;
(3) a person withdrawing groundwater for the purpose of wildlife habitat management;
(4) A person withdrawing groundwater at a single family residence or household for noncommercial use.
(B) The following are exempt from the permitting requirements of § 49-5-100 and the public notification requirements of § 49-5-50:
(1) dewatering operations at mines;
(2) all other dewatering operations;
(3) Type I wells installed into crystalline bedrock in the Coastal Plain Groundwater Management Area;
(4) groundwater withdrawer constructing a new well to replace an existing well.
(C) Aquifer storage and recovery wells are exempt from the requirements of this chapter if:
(1) a permit in accordance with the Underground Injection Control Regulations, Regulation 61-87, S. C. Code of Regulations, is obtained from the department; and
(2) the amount of water withdrawn does not exceed the amount of water injected.
(D) The department may exempt wells of diminutive yield from the requirements of this chapter if these wells are used for purposes other than the wells which result in a person being considered a groundwater user.