S.C. Code Regs. § § 61-56.700

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-56.700 - License to Construct or Repair Onsite Wastewater Systems (i.e. Licensing of Installers)

700.1. License Requirements and Fees.

(1) No person shall be responsible for the construction or repair of onsite wastewater systems in South Carolina without first applying for, receiving, and subsequently maintaining a valid license to conduct such activities as herein required by the Department, provided that a person may construct or repair an onsite wastewater system for personal use at the person's residence without obtaining a license.

(2) Licenses, Applications, and Fees

(a) License applications, on forms approved by the Department, shall be submitted to the Department's regional environmental office which covers the county where the applicant's primary place of business is located; persons whose primary place of business is out of state must submit their applications to the Department's regional environmental office where it is reasonably anticipated the bulk of the activities sought to be licensed would occur.

(b) Prior to receipt of a license authorizing a person to be responsible for the construction or repair of an onsite wastewater system, the applicant shall complete an examination demonstrating the applicant's knowledge and comprehension of this regulation. Any applicant failing to satisfactorily complete the licensing examination may be eligible to retake the examination after thirty (30) calendar days. Applicants who fail to satisfactorily complete their second examination may then be allowed to retake subsequent examinations after a sixty (60) calendar day waiting period.

(c) Each license requires fees for the initial license issuance and annual renewal. The required fees vary depending on the tier of licensure sought. The required initial license and renewal fees for each tier are as follows:

(i) Tier 1 - One hundred dollar ($100.00) fee

(ii) Tier 2 - One hundred dollar ($100.00) fee

(iii) Tier 3 - Two hundred dollar ($200.00) fee

(d) Every license issued by the Department under this regulation shall be valid for a period of one (1) year, unless otherwise suspended or revoked.

(e) Renewal fees shall be due on a date not less than thirty (30) calendar days from the billing date. A penalty charge of thirty dollars ($30.00) shall be assessed for license fees that are past due. A second penalty of thirty dollars ($30.00) shall be assessed for license fees sixty (60) days past due.

(f) Expiration of a license shall occur when the license fee is ninety (90) calendar days past due. No person with an expired license may be engaged in the business of constructing and repairing onsite wastewater systems, sewage holding systems, or self-contained toilets.

(g) An expired license shall not be renewed. Any person with an expired license may apply for a new license and must meet all applicable requirements for a new license.

(h) Licenses issued in accordance with this regulation shall not be transferable.

(3) Further Governmental Restriction Not Prohibited

Nothing within this regulation shall be construed to limit the power of any municipal, county, or governmental entity to enforce other license requirements or additional measures for the restrictions of persons constructing or repairing onsite wastewater systems.

(4) Eligibility

Only a person who meets the following criteria is eligible to be licensed as an onsite wastewater systems installer:

(a) Applicants to be a Tier 1 or Tier 2 installer must:

(i) Pass an examination administered by the Department with a minimum score of eighty (80) percent; and

(ii) Submit a properly completed application with supporting documents including proof of continuing education units (CEUs) for any renewal; and

(iii) Pay applicable fees.

(b) Applicants to be a Tier 3 installer must:

(i) Qualify as either:

(A) A licensed onsite wastewater system installer who has been actively installing for three (3) years immediately preceding the date of application with no pending or prior disciplinary or enforcement action involving onsite wastewater system contracting; or

(B) An onsite wastewater system installer licensee from another state with affidavits from the regulatory authority demonstrating five (5) years of experience with no pending or prior disciplinary or enforcement action involving onsite wastewater system contracting; and

(ii) Pass an examination administered by the Department with a minimum score of eighty (80) percent;

(iii) Submit a properly completed application with supporting documents (if required);

(iv) Submit proof of continuing education units (CEUs) for any renewal;

(v) Submit proof of required Bond and insurance coverage; and

(vi) Pay applicable fees.

S.C. Code Regs. § 61-56.700

Replaced and amended by State Register Volume 45, Issue No. 05, eff. 5/28/2021.