SCDES Laws and Regulations: Water | South Carolina Department of Environmental Services

The following list is a comprehensive compilation of the Department of Environmental Service’s (SCDES) water, dams, and reservoirs laws and regulations. Copies of these laws and regulations are provided by SCDES for the convenience of the public. Every effort has been made to ensure the accuracy and completeness of this list. However, this list is not the official text. SCDES reserves the right to withdraw or correct this list if deviations from the official text as published in the South Carolina State Register are found.

Statute/Regulation Number	Statute/Regulation Title
49-11-10	Dams and Reservoirs Act
48-2-10	Environmental Protection Fund Act
48-57-10	Environmental Audit Privilege Act
49-5-10	Groundwater Use and Reporting Act
48-1-10	Pollution Control Act
44-1-140 (5) - 44-151	Shellfish
44-55-2310 - 44-55-2390	State Recreational Waters Act
44-55-10	State Safe Drinking Water Act
48-14-10	Stormwater Management and Sediment Reduction Act
48-5-10	Water Quality Revolving Fund Authority Act
49-1-10	Water, Water Resources and Drainage
49-4-10	South Carolina Surface Water Withdrawal, Permitting, Use and Reporting Act
	Entire State Legislature Listing of SC Laws with Accompanying Text
19-450	Permits for Construction in Navigable Waters
61-9	Water Pollution Control Permits
61-9.3.	Cross-Media Electronic Reporting
61-9.122.	The National Pollutant Discharge Elimination System (NPDES)
61-9.124.	Procedures for Decision Making
61-9.125.	Criteria and Standards for the National Pollutant Discharge Elimination System
61-9.127.	NPDES Electronic Reporting
61-9.129.	Toxic Pollutant Effluent Standards
61-9.133.	Secondary Treatment Regulation
61-9.403.	General Pretreatment Regulations for Existing and New Sources of Pollution
61-9.503.	Standards for the Use or Disposal of Sewage Sludge
61-9.504.	Standards for the Use or Disposal of Industrial Sludge
61-9.505	Land Application Permits and State Permits
61-9.600.	Viability Requirements
61-9.610.	Operation and Maintenance of Satellite Sewer Systems
61-30	Environmental Protection Fees
61-43	Standards for the Permitting of Agricultural Animal Facilities
61-44	Individual Residential Well & Irrigation Well Permitting
61-47	Shellfish
61-50	Natural Public Swimming Areas
61-51	Public Swimming Pools
61-58	State Primary Drinking Water Regulations
61-67	Standards for Wastewater Facility Construction
61-68	Water Classifications and Standards
61-69	Classified Waters
61-71	Well Standards
61-82	Proper Closeout of Wastewater Treatment Facilities
61-87	Underground Injection Control Regulations
61-101	Water Quality Certification
61-110	Total Maximum Daily Loads (TMDLs) for Pollutants in Water
61-113	Groundwater Use and Reporting
61-119	Surface Water Withdrawal, Permitting, Use and Reporting
72-1 - 72-9	Dams and Reservoirs Safety Act Regulations
72-101 - 72-108	Erosion and Sediment Reduction and Stormwater Management
72-300 - 72-316	Standards for Stormwater Management and Sediment Reduction
72-405 - 72-445	Standards for Stormwater Management and Sediment Reduction
40 CFR 144-146	Federal Underground Injection Control Regulations

The S.C. Dams and Reservoirs Safety Act is the basis of South Carolina's dams and reservoirs safety programs. The purpose of the act is to protect citizen health, safety, and welfare by creating a regulatory program to reduce the risk of failure of dams. The law confers upon SCDES the regulatory authority to accomplish the purposes of the act. This includes the power to promulgate regulations, require permits, conduct inspections, and take enforcement actions among other things.

Section 49-11-190 of the act allows SCDES to issue emergency orders as may be necessary from time to time to protect life and property. This section also allows the Department to enter on private property to take immediate actions necessary to protect life and property when the owner of a dam does not comply with an emergency order.
Section 49-11-200 of the act requires a permit from the Department before a new dam may be constructed or before the alteration, repair, or removal of an existing dam.
Section 49-11-230 grants authority to SCDES to conduct inspections while Section 49-11-240 allows SCDES entry on property to carry out the general provisions of the program.

In summary, this act empowers the Department to conduct the dams and reservoirs safety program through a wide range of activities such as permitting, inspections, compliance, monitoring, enforcement, and public education.

The regulations were initially approved in 1977 and they were most recently amended in July of 1997. The regulations for the most part mirror the requirements of the SC Dams and Reservoirs Safety Act. The regulations create a tiered permitting program based on a classification system of dams. Dams regulated by the Department are classified based on size and hazards. The size classifications are large, intermediate, small, and very small. Hazard classifications are high hazard, significant hazard, and low hazard.

These regulations specify the administrative process for obtaining a permit for either a new dam or the alteration, repair, or removal of an existing dam. The items required to be submitted to the Department as part of the permit application package are also given in the regulations as well as some general design criteria a dam must meet.

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