2013 South Carolina Code of Laws
Title 49 - Waters, Water Resources and Drainage
CHAPTER 5 - GROUNDWATER USE AND REPORTING ACT
SECTION 49-5-70. Exemptions.

(A) The following are exempt from this chapter:

(1) emergency withdrawals of groundwater;

(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 Section 49-5-100 and the public notification requirements of Section 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(2) the amount of water withdrawn does not exceed the amount of water injected.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.

HISTORY: 1962 Code Section 70-37; 1969 (56) 640; 1990 Act No. 585, Section 1; 1993 Act No. 181, Section 1246; 2000 Act No. 366, Section 2.