2013 South Carolina Code of Laws
Title 49 - Waters, Water Resources and Drainage
CHAPTER 5 - GROUNDWATER USE AND REPORTING ACT
SECTION 49-5-110. Powers of department.

The department may:

(1) adopt and modify regulations to implement the provisions of this chapter;

(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.

HISTORY: 1962 Code Section 70-38; 1969 (56) 640; 1989 Act No. 133, Section 1; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.