Terms Used In South Carolina Code > Title 49 > Chapter 5 - Groundwater Use and Reporting Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser, except that this term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual or lawful course of the carrier's or warehouseman's business. See South Carolina Code 44-53-110
• 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.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the Board of the Department of Health and Environmental Control. See South Carolina Code 49-5-30
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• 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
• Commission: means the South Carolina Department of Alcohol and Other Drug Abuse Services. See South Carolina Code 44-53-110
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Controlled substance: means a drug, substance, or immediate precursor in Schedules I through V in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270. See South Carolina Code 44-53-110
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Environmental Control. See South Carolina Code 49-5-30
• Department: means the State Department of Health and Environmental Control. See South Carolina Code 44-53-110
• Director: means the Director of the Department of Narcotics and Dangerous Drugs under the South Carolina Law Enforcement Division. See South Carolina Code 44-53-110
• Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for the delivery. See South Carolina Code 44-53-110
• Distribute: means to deliver (other than by administering or dispensing) a controlled substance. See South Carolina Code 44-53-110
• Drug: means a substance:
  
  (a) recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
  
  (b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man and animals;
  
  (c) other than food intended to affect the structure or any function of the body of man and animals; and
  
  (d) intended for use as a component of any substance specified in subitem (a), (b), or (c) of this paragraph but does not include devices or their components, parts, or accessories. See South Carolina Code 44-53-110
• Emergency withdrawal: means the withdrawal of groundwater, for a period not exceeding thirty calendar days, for the purpose of fire fighting, hazardous substance or waste spill response, or both, or other emergency withdrawal of groundwater as determined by the department. See South Carolina Code 49-5-30
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Existing groundwater withdrawer: means a groundwater withdrawer withdrawing groundwater or a proposed groundwater user with its wells under construction before January 1, 2000. See South Carolina Code 49-5-30
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Groundwater: means water in the void spaces of geologic materials within the zone of saturation. See South Carolina Code 49-5-30
• Groundwater withdrawal permit: means a permit issued by the department to groundwater withdrawers in a designated capacity use area for the withdrawal of groundwater. 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
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:
  
  (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
  
  (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See South Carolina Code 44-53-110
• Marijuana: means :
  
  (i) all species or variety of the marijuana plant and all parts thereof whether growing or not;
  
  (ii) the seeds of the marijuana plant;
  
  (iii) the resin extracted from any part of the marijuana plant; or
  
  (iv) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin. See South Carolina Code 44-53-110
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• Paraphernalia: means any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a controlled substance and does not include cigarette papers and tobacco pipes but includes, but is not limited to:
  
  (a) metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
  
  (b) water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine;
  
  (c) carburetion tubes and devices;
  
  (d) smoking and carburetion masks;
  
  (e) roach clips;
  
  (f) separation gins designed for use or intended for use in cleaning marijuana;
  
  (g) cocaine spoons and vials;
  
  (h) chamber pipes;
  
  (i) carburetor pipes;
  
  (j) electric pipes;
  
  (k) air-driven pipes;
  
  (l) chilams;
  
  (m) bongs;
  
  (n) ice pipes or chillers. See South Carolina Code 44-53-110
• 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.
• Permit to construct: means a permit issued by the department after consideration of proposed well location, depth, rated capacity, and withdrawal rate. See South Carolina Code 49-5-30
• Permittee: means a person having obtained a permit to construct or a groundwater withdrawal permit issued in accordance with §§ 49-5-60 and 49-5-110. 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
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Practitioner: means :
  
  (a) a physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State;
  
  (b) a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State. See South Carolina Code 44-53-110
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See South Carolina Code 44-53-110
• Public water system: means a water system as defined in § 44-55-20 of the State Safe Drinking Water Act. See South Carolina Code 49-5-30
• Rated capacity: means the amount, in gallons per minute (gpm), of groundwater that is capable of being withdrawn from the completed well with the pump installed. See South Carolina Code 49-5-30
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Surface water: means all water which is open to the atmosphere and subject to surface runoff which includes lakes, streams, ponds, and reservoirs. See South Carolina Code 49-5-30
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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