H*3659(Rat #0569, Act #0459 of 1982)  General Bill, By R.L. Helmly and 
W.E. Applegate
 A Bill to amend Section 40-23-10, as amended, Code of Laws of South Carolina,
 1976, relating to definitions pertaining to environmental systems operators,
 so as to provide for additional definitions regarding wells and well drillers;
 to amend Section 40-23-20, as amended, relating to the South Carolina Board of
 Certification of Environmental Systems Operators, so as to revise the
 membership of the Board; to amend Section 40-23-100, relating to the issuance
 of certificates of registration for certain wastewater and public water plant
 operators, so as to provide for the manner in which certificates of
 registration may be issued to certain well drillers; to amend Section
 40-23-140, as amended, relating to certificates of registration for certain
 environmental systems operators, so as to further provide for such
 certification, including the certification of well drillers; to amend Section
 44-55-20, as amended, relating to definitions pertaining to public water
 supplies, so as to provide for additional definitions regarding wells and well
 contractors; to amend Section 44-55-40, as amended, relating to the regulation
 of public water supply construction and modification, so as to provide for the
 regulation of wells and well contractors; to amend the 1976 Code by adding
 Section 44-55-45 so as to establish an advisory committee to the Board of
 Health and Environmental Control for the purpose of advising on well standards
 and regulations; and to amend Section 44-55-80, relating to unlawful acts in
 regard to water supplies and suppliers, so as to further provide for such
 unlawful acts; and to give 1976 Code designations to certain provisions of
 law.

   03/04/82  House  Introduced and read first time HJ-1227
   03/04/82  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-1227
   03/24/82  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     HJ-1784
   03/25/82  House  Amended HJ-1836
   03/25/82  House  Read second time HJ-1837
   03/31/82  House  Read third time and sent to Senate HJ-1898
   03/31/82  Senate Introduced and read first time SJ-14
   03/31/82  Senate Referred to Committee on Medical Affairs SJ-14
   04/29/82  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-12
   05/26/82  Senate Read second time SJ-77
   05/26/82  Senate Ordered to third reading with notice of
                     amendments SJ-77
   06/02/82  Senate Amended SJ-110
   06/02/82  Senate  Read third time SJ-112
   06/02/82  Senate Returned SJ-112
   06/03/82  House  Concurred in Senate amendment and enrolled HJ-3862
   06/03/82  House  Ratified R 569 HJ-3949
   06/14/82         Signed By Governor
   06/14/82         Effective date 06/14/82
   06/14/82         Act No. 459
   06/24/82         Copies available

AN ACT TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS REGARDING WELLS AND WELL DRILLERS; TO AMEND SECTION 40-23-20, AS AMENDED, RELATING TO THE SOUTH CAROLINA BOARD OF CERTIFICATION OF ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND SECTION 40-23-100, RELATING TO THE ISSUANCE OF CERTIFICATES OF REGISTRATION FOR CERTAIN WASTEWATER AND PUBLIC WATER PLANT OPERATORS, SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTIFICATES OF REGISTRATION MAY BE ISSUED TO CERTAIN WELL DRILLERS; TO AMEND SECTION 40-23-140, AS AMENDED, RELATING TO CERTIFICATES OF REGISTRATION FOR CERTAIN ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO FURTHER PROVIDE FOR SUCH CERTIFICATION, INCLUDING THE CERTIFICATION OF WELL DRILLERS; TO AMEND SECTION 44-55-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO PUBLIC WATER SUPPLIES, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS REGARDING WELLS AND WELL CONTRACTORS; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO THE REGULATION OF PUBLIC WATER SUPPLY CONSTRUCTION AND MODIFICATION, SO AS TO PROVIDE FOR THE REGULATION OF WELLS AND WELL CONTRACTORS; TO AMEND THE 1976 CODE BY ADDING SECTION 44-55-45 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE PURPOSE OF ADVISING ON WELL STANDARDS AND REGULATIONS; AND TO AMEND SECTION 44-55-80, RELATING TO UNLAWFUL ACTS IN REGARD TO WATER SUPPLIES AND SUPPLIERS, SO AS TO FURTHER PROVIDE FOR SUCH UNLAWFUL ACTS; AND TO GIVE 1976 CODE DESIGNATIONS TO CERTAIN PROVISIONS OF LAW.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions

Section 1. Section 40-23-10 of the 1976 Code, as amended by Act 157 of 1981, is further amended by adding:

"(8) 'Well' means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. This shall include, but not be limited to, wells used for water supply for irrigation, industrial and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.

(9) 'Well driller' means any person directly responsible for construction of wells at the well site."

Board created--composition

Section 2. Section 40-23-20 of the 1976 Code, as amended by Act 340 of 1980, is further amended to read:

"Section 40-23-20. There is hereby created the South Carolina Board of Certification of Environmental Systems Operators to safeguard the life and health of the citizens of this State.

The Board shall consist of thirteen members, all of whom shall be appointed by the Governor with advice from the following groups, agencies, or individuals:

(a) Two shall be recommended by the executive committee of the South Carolina Water and Pollution Control Association to serve terms of three years;

(b) One shall be recommended from the active membership of the South Carolina Water and Pollution Control Association to serve a term of three years;

(c) One shall be recommended by the Municipal Association of South Carolina to serve a term of three years;

(d) Two shall be recommended by the President of Clemson University, who shall be members of the faculty of the university engaged in waterworks and wastewater instruction, to serve terms of three years;

(e) One shall be recommended from the active membership of the pollution control section of the South Carolina Water and Pollution Control Association to serve a term of three years;

(f) One shall be recommended by the South Carolina Land Resources Commission to serve a term of three years;

(g) One shall be recommended by the executive director of the South Carolina Board of Technical and Comprehensive Education to represent such agency and to serve a term of three years;

(h) Two shall be recommended by the Commissioner of Health and Environmental Control, one of whom shall be appointed to represent the Department of Health and Environmental Control, and one of whom shall serve as secretary-treasurer of the board, ex officio, each to serve a term of three years;

(i) One shall be recommended by the South Carolina Well Drillers Association to serve a term of three years;

(j) One shall be recommended by the executive director of the South Carolina Water Resources Commission to represent such agency and to serve a term of three years."

Certificates of registration

Section 3. Section 40-23-100 of the 1976 Code is amended by adding at the end:

"(C) Certificates of registrations may be issued without examinations to well drillers who are actively engaged in well construction and a resident of South Carolina on July 1, 1982; provided, however, that such application for registration shall be made prior to July 1, 1983."

Unlawful to practice without certificate of registration

Section 4. Section 40-23-140 of the 1976 Code, as amended by Act 157 of 1981, is further amended to read:

"Section 40-23-140. (A) It shall be unlawful for any person to practice as a public water supply operator except for those water supplies classified in Group I under subsection (j) of Section 44-55-40, unless the person so practicing has fully complied with the provisions of this chapter and has been issued a current certificate of registration by the Board in a grade equal to or higher than that grade designated for the public water supply at which he is employed.

(B) It shall be unlawful for any person to practice as a public wastewater treatment plant operator unless the person so practicing has fully complied with the provisions of this chapter and has been issued a current certificate of registration by the Board in a grade equal to or higher than that grade designated for the public wastewater treatment plant at which he is employed.

(C) It shall be unlawful for any person to perform percolation tests unless the person has fully complied with the provisions of this chapter and has been issued a current certificate of registration by the Board.

(D) It shall be unlawful for any person to practice as a well driller after July 1, 1983, unless the person so practicing has fully complied with the provisions of this chapter and has been issued a current certificate of registration by the Board or has been issued a certificate pursuant to Section 40-23-100(C). After July 1, 1983, persons seeking certification under this chapter shall pass an examination prescribed by the Board. The examination shall be oral if the applicant so requests.

(E) The Board shall by regulation permit on-the-job training for persons seeking certification under this chapter.

(F) The provisions of this chapter shall not apply to persons licensed or authorized by other boards or agencies to perform percolation tests as an incident to the practice of their profession or to persons constructing, opening, or closing wells on their own property."

Definitions

Section 5. Section 44-55-20 of the 1976 Code, as amended, is further amended by adding at the end:

"(h) 'Well' means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. This shall include, but not be limited to, wells used for water supply for irrigation, industrial and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.

(i) 'Well contractor' means any individual, corporation, partnership, association, political subdivision, or public agency of this State in immediate supervision of and responsible for the construction, development, testing, maintenance, repair, or preparation for abandonment of any well as defined by this chapter. This term shall not include persons constructing, opening, or closing wells on their own property."

Unlawful to engage without certification

Section 6. Section 44-55-40 of the 1976 Code, as amended, is further amended by adding at the end:

"(1) Effective July 1, 1983, it shall be unlawful for any person to engage in the business of well contracting or represent themselves to the public as well contractors without (i) obtaining certification from the South Carolina Board of Certification of Environmental Systems Operators, or (ii) employing well drillers which are certified by the South Carolina Board of Certification of Environmental Systems Operators.

(m) The Board, to insure that underground sources of drinking water are not contaminated by improper well construction and operation, shall be authorized to promulgate regulations as developed by the Advisory Committee established pursuant to Section 44-55-45, setting standards for the construction, maintenance, operation, and abandonment of any well except for wells where well construction, maintenance and abandonment are regulated by the Groundwater Use Act of 1969, Act 179 of 1977 (oil and gas production), or the Water Use Reporting Act. For such excepted wells, the Board is authorized to adopt regulations as developed with the Water Resources Commission. The Board shall further insure that all wells are constructed in accordance with the standards. The Board shall make available educational training on the standards to well drillers or well contractors who desire such training."

Advisory Committee to be appointed

Section 7. The 1976 Code is amended by adding:

"Section 44-55-45. An Advisory Committee to the Board shall be appointed for the purpose of advising the Board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the Board. The Advisory Committee shall be composed of eight members appointed by the Board. Five members shall be active well contractors, one member shall be a registered professional engineer with experience in well design and construction, one member shall be a consulting hydrogeologist with experience in well design and construction, and one member shall be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom shall be an employee of the Department of Health and Environmental Control, and appointed by the Commissioner thereof, one of whom shall be an employee of the South Carolina Water Resources Commission and appointed by the Executive Director thereof, and one of whom shall be an employee of the Land Resources Conservation Commission and appointed by the Executive Director thereof.

The term of office of members of the Advisory Committee shall be for four years and until their successors are appointed and qualify with a maximum of two consecutive terms. The initial terms of office shall be staggered and any member may be removed for cause after proper notification and an opportunity to be heard."

Failure to comply

Section 8. Subsection (a) of Section 44-55-80 of the 1976 Code is amended to read:

"(a) It shall be unlawful for any person to fail to comply with the provisions of this article or the regulations promulgated pursuant to this article; to fail to comply with the conditions of any permit issued under this article; or to fail to comply with any order of the Department."

Departments to coordinate implementation

Section 9. The Department of Health and Environmental Control and the South Carolina Water Resources Commission shall coordinate the implementation of this act.

Code sections designated

Section 10. The following sections of the 1962 Code as contained in Act 658 of 1976 are hereby designated sections of the 1976 Code as follows:

1962 Code Designation 1976 Code Designation

32-1201 ...................... 44-55-10

32-1202 ...................... 44-55-20

32-1203 ...................... 44-55-30

32-1204 ...................... 44-55-40

32-1204A ..................... 44-55-50

32-1205 ...................... 44-55-60

32-1206 ...................... 44-55-70

32-1207 ...................... 44-55-80

32-1208 ...................... 44-55-90

32-1209 ...................... 44-55-100

Time effective

Section 11. This act shall take effect upon the approval by the Governor.