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.

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Rita Bolt Barker

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

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