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TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-23-230 of the 1976 Code, as amended by Act 185 of 2002, is further amended to read:
"Section 40-23-230. (A) If an applicant satisfies all licensure requirements as provided for in this chapter, The board may issue a license to the an applicant if he satisfies all licensure requirements of this chapter. A license confers a personal right and is not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensee while the license remains current and unrestricted. However, the A license is the property of the State and upon suspension or revocation must be returned to the board immediately.
(B) Licenses A license issued under this chapter are is renewable:
(1) as provided for in Section 40-1-30 and;
(2) upon the payment of a renewal fee; and
(3) upon the fulfillment of continuing education as determined by the board in regulation.
(C) The department may reinstate the license of a licensee who allows his or her license to lapse by failing to renew the license as provided in this section may be reinstated upon if the licensee:
(1) makes payment of a reinstatement fee and the current renewal fee, if application for renewal is filed within ninety days of the expiration date of the license. ;
(2) files an application for renewal within three hundred sixty-five days of the date on which the license expired; and
(3) demonstrates he complies with the current continuing education requirements of the prior licensing period or that he complies with the current continuing education requirements after the department renews his license, provided he does not engage in licensed activity until he has completed the continuing education requirement.
(D) It is the express duty of every A licensee to shall ensure that the board administrator has the licensee's correct official mailing address of record and that the administrator is expressly and specifically notified in writing and in a timely manner of any change in the licensee's official mailing address.
(E) As of the effective date of this chapter, a person who possesses a current well driller license from the board is eligible to receive a:
(1) Class A well driller license if the licensee:
(a) files an application with the board for grandfather status within ninety days of the effective date of this section;
(b) provides proof that the applicant is in compliance with the bonding requirements of this chapter; and
(c) has conducted or supervised well drilling in the State for five or more years;
(2) Class B well driller license in one or more of the well drilling categories if the licensee:
(a) files an application with the board for grandfather status within ninety days of the effective date of this section;
(b) provides proof that the applicant is in compliance with the bonding requirements of this chapter;
(c) provides proof that he has for at least three years constructed or supervised at least twenty wells in each category for which licensure status is sought; or
(d) provides, in the case of persons who do not meet the minimum requirements for a Class B well driller, proof of construction or supervision of at least twenty-five wells in the category for which licensure status is sought and experience, training, and education suitable for practicing in the requested well drilling category."
SECTION 2. This act takes effect upon approval by the Governor.
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