South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting
Section 61-44.D - NOTICE OF INTENT, PERMIT, AND APPROVAL

1. It shall be unlawful to construct an individual residential well, an irrigation well, or a replacement well unless conditions of the general permit issued by the Department have been satisfied for the construction of the proposed well.

2. It shall be the responsibility of the well driller to ensure that coverage under this general permit to construct an individual residential well, irrigation well, or replacement well is obtained from the Department prior to construction of the well.

3. It shall be the responsibility of the well driller to ensure that all wells permitted under this regulation are located and constructed in accordance with all applicable regulations.

4. A Notice of Intent (NOI) form provided by the Department, as specified in the general permit, must be submitted to the Department with true and accurate information necessary for determining the location of, and proper construction of, individual residential wells, replacement wells, and irrigation wells. The NOI may be submitted by the owner, agent, or well driller. This information shall include, but may not be limited to, owner name, address, and telephone number, address of the property on which the well is to be installed, proposed date of installation, proposed well location, if the proposed well is a new well or replacement well, and name and license number of the licensed well driller constructing the well. If any information provided on the NOI changes at the time of well construction, the well driller must contact the Department and provide the correct information.

5. Upon receipt of a completed NOI, the Department shall accomplish its review and have either the approval, review comments, or denial transmitted to the applicant within 48 hours. The 48 hour period is calculated from the time and date of receipt of the Notice of Intent excluding weekends and legal state holidays. If notice is not given to the applicant by the end of the 48 hour period, coverage under the general permit for individual residential wells and irrigation wells will be considered approved. The well driller shall also give the Department 48 hours prior notice of well installation with the exact date, time, and location of well installation. This notice can be concurrent with the NOI review period. The Department shall deny coverage under the general permit when the proposed well would violate Regulation Regulation 61-71, Well Standards, the Pollution Control Act, Section 48-1-10 et seq., the Safe Drinking Water Act, Section 44-55-10 et seq., 1976 S.C. Code of Laws, or licensing requirements established by the S.C. Department of Labor, Licensing, and Regulation. Nothing in this regulation shall be used to limit construction of individual residential wells or irrigation wells that are constructed in accordance with the applicable regulations cited above. The Department inspectors will utilize available resources, such as Department records of permits for onsite wastewater systems and subdivision application approvals, to help determine compliance with the NOI provisions in this regulation.

6. Coverage under a general permit issued pursuant to this regulation shall not guarantee that a well will yield water that is of adequate quality and/or quantity for the purposes intended.

7. The well driller shall have a copy of the Notice of Intent before initiating construction of an irrigation well or individual residential well and shall keep a copy of the Notice of Intent on the drilling site at all times.