Terms Used In South Carolina Code > Title 48 > Chapter 14 - The Stormwater Management and Sediment Reduction Act

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Council: means the State Interagency Coordinating Council which must be established in conformance with federal regulations. See South Carolina Code 44-7-2520
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33 of Title 20, U. See South Carolina Code 44-7-2520
• Department: means the Department of Health and Environmental Control. See South Carolina Code 44-7-2420
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-14-20
• Designated Watershed: means a watershed designated by a local government and approved by the Department of Health and Environmental Control and identified as having an existing or potential stormwater, sediment control, or nonpoint source pollution problem. See South Carolina Code 48-14-20
• District: means any soil and water conservation district created pursuant to Chapter 9 of this title. See South Carolina Code 48-14-20
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Erosion: means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces. See South Carolina Code 48-14-20
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hospital: means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy and is licensed by the department as a hospital. See South Carolina Code 44-7-2420
• Implementing agency: means the department, local government, or conservation district with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, and conducting inspections and enforcement actions in a specified jurisdiction. See South Carolina Code 48-14-20
• Infants and toddlers with disabilities: means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, communication, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. See South Carolina Code 44-7-2520
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land disturbing activity: means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff. See South Carolina Code 48-14-20
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local government: means any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter. See South Carolina Code 48-14-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonpoint source pollution: means pollution contained in stormwater runoff from ill-defined diffuse sources. See South Carolina Code 48-14-20
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, electric supplier, municipality, interstate body, the federal government, or other legal entity. See South Carolina Code 48-14-20
• Person responsible for the land disturbing activity: means :
  
  (a) the person who has or represents having financial or operational control over the land disturbing activity; and/or
  
  (b) the landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefited from it or who has failed to comply with any provision of the act, these regulations, or any order or local ordinance adopted pursuant to this chapter as imposes a duty upon him. See South Carolina Code 48-14-20
• Responsible personnel: means any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities. See South Carolina Code 48-14-20
• Sediment: means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin. See South Carolina Code 48-14-20
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Stop work order: means an order directing the person responsible for the land disturbing activity to cease and desist all or any portion of the work which violates the provisions of this chapter. See South Carolina Code 48-14-20
• Stormwater management: means , for:
  
  (a) quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
  
  (b) qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff. See South Carolina Code 48-14-20
• Stormwater Management and Sediment Control Plan: means a set of drawings, other documents, and supporting calculations submitted by a person as a prerequisite to obtaining a permit to undertake a land disturbing activity, which contains all of the information and specifications required by an implementing agency. See South Carolina Code 48-14-20
• Stormwater runoff: means direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer, or other concentrated flow during and following the precipitation. See South Carolina Code 48-14-20
• Stormwater utility: means an administrative organization that has been created for the purposes of planning, designing, constructing, and maintaining stormwater management, sediment control, and flood control programs and projects. See South Carolina Code 48-14-20
• Watershed master plan: means a plan for a designated watershed that analyzes the impact of existing and future land uses and land disturbing activities in the entire watershed and includes strategies to reduce nonpoint source pollution, to manage stormwater runoff and control flooding. See South Carolina Code 48-14-20