DHEC Finalizes its Surface Water Withdrawal Regulation

DHEC Regulation 61-119, governing surface water withdrawal, permitting, use and reporting, became effective June 22, 2012.  Some highlights from the Regulation:

  • The Regulation requires existing surface water withdrawers to submit a permit application within 180 days of the Regulation’s effective date.  New surface water withdrawers must apply for and obtain a valid permit before making a withdrawal.
  • Applications for new permits or to significantly increase the withdrawal amount under an existing permit will be placed on public notice.
  • The Regulation sets forth a fee schedule for all permits, including a $1,000 processing fee for existing surface water withdrawal permit applications, a $7,500 processing fee for new surface water withdrawal permit applications, and a $1,000 annual operating fee for each surface water withdrawal intake.
  • A surface water withdrawer who commits a violation of the Regulation is subject to a civil penalty of up to $10,000 per day, or is guilty of a misdemeanor and must be fined up to $10,000 per day.

DHEC will host two informational sessions about the permit application process on June 28, 2012 at 9:00 and 1:30 at its Central Office at 2600 Bull Street in Columbia.  Alternatively, you may view the 1:30 session via webcast here.

Picture of Rita Bolt Barker

Rita Bolt Barker

Rita Bolt Barker is an experienced litigator and counselor, focusing primarily on environmental, commercial litigation, and insurance coverage matters.
RELATED ARTICLES

Stay in Touch

Join one our mailing lists and receive regular updates!

Contact Us