S.C. Code Regs. § 121-11.10 - Curtailment of Water Use During Droughts

A. During severe or extreme drought conditions, the South Carolina Department of Natural Resources may require mandatory reduction or curtailment of non-essential water use in affected drought management areas if recommended by the Drought Response Committee in accordance with R.121-11.6. The curtailment of water use may involve adjusting the quantity of water used; adjusting the quality of water to meet the water use; adjusting the time of water use; and/or utilizing different sources of water.

B. The Drought Response Committee shall determine which categories of non-essential water use must be reduced or curtailed after reviewing each category of water use in C. below by the following standards:

(1) Purpose of the use;

(2) Suitability of the use to the watercourse, lake, or aquifer;

(3) Economic value of the use;

(4) Social value of the use;

(5) Extent and amount of the harm it causes;

(6) Practicality of avoiding the harm by adjusting the use or method of use of one person or the other;

(7) Practicality of adjusting the quantity of water used by each person;

(8) Protection of existing values of water uses, land, investments, and enterprises;

(9) Consumptive or non-consumptive nature of the use;

(10) Impacts on essential water uses.

C. Non-essential water uses shall be evaluated in accordance with the following categories:

(1) Agricultural use;

(a) Irrigation;

(2) Commercial use;

(a) Commercial domestic use;

(b) Commercial process use;

(3) Domestic use;

(a) Inside use;

(b) Outside use;

(4) Electric Power Generation;

(5) Industrial use;

(a) Industrial domestic use;

(b) Once through cooling;

(c) Industrial process use;

(6) Institutional;

(7) Recreational.

D. Following determination of non-essential water use, by the Drought Response Committee, the South Carolina Department of Natural Resources shall issue a declaration specifying the drought management areas affected and identifying the categories of non-essential water use to be reduced or curtailed. The declaration shall be sent to water systems, widely distributed to the news media, and published at least once a week in a newspaper of general circulation in each county affected.

E. Any person adversely affected by mandatory curtailment may, within ten days after such curtailment becomes effective, submit appropriate information to the South Carolina Department of Natural Resources and seek a variance from the curtailment. The following procedures shall apply to request for a variance from the water curtailment declaration:

(1) The request for variance shall include a detailed statement as to how the curtailment declaration adversely affects the person making the request;

(2) The request for variance shall provide information relevant to the water use in response to each of the standards in B. (1), (2), (3), (4), (5), (6), (7), (8), (9), and (10);

(3) Either the South Carolina Department of Natural Resources staff or the person requesting the variance may request a meeting to discuss any matter relevant to the request or to seek additional information. Such meeting shall be conducted as expeditiously as practicable;

(4) Upon receipt of all relevant information (specified in E. (1), (2), and (3) above) from the person requesting the variance, the South Carolina Department of Natural Resources staff shall issue a determination for the request for a variance. Such determination shall be made within five days of receipt of all relevant information from the person requesting the variance or within twenty days of the declaration of the curtailment, whichever comes first.

F. Persons not capable of immediate water use reduction or curtailment because of equipment damage or other extreme circumstances shall commence gradual reduction within twenty-four hours of the declaration of curtailment and shall notify the South Carolina Department of Natural Resources of their proposed reduction schedule by certified mail within three working days of the declaration of curtailment. A variance will be required for the gradual or reduced reduction and a request for a variance must be submitted to the South Carolina Department of Natural Resources as specified in E. above within ten days after such curtailment becomes effective.

G. Any declaration of curtailment shall continue in effect only as long as conditions in any drought management area require it. The declaration shall be terminated by action of either the Drought Response Committee or the South Carolina Department of Natural Resources, and notice of termination of the declaration shall be given as when originally issued.

H. In the event that a declaration issued pursuant to this regulation conflicts with any ordinance or plan adopted pursuant to R.121-11.12, the declaration shall supersede any ordinance or plan.

I. These regulations do not restrict or in any way affect the authority of the commissioner of the Department of Health and Environmental Control with respect to emergency declarations made in the interest of public health.

Notes

S.C. Code Regs. § 121-11.10

Amended by State Register Volume 26, Issue No. 5, Part 2, eff May 24, 2002.