South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 31, Issue 9, effective September 28, 2007.
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CHAPTER 72.
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL--LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION
A. "Department" means the South Carolina Department of Health and Environmental Control or its staff or agents.
B. "Board" means the Board of Health and Environmental Control.
C. "Dam" means any artificial barrier, together with appurtenant works, including but not limited to dams, levees, dikes or floodwalls for the impoundment or diversion of water or other fluids where failure may cause danger to life or property.
D. "Appurtenant works" include but are not limited to such structures as spillways, either in the dam or separate therefrom, low level outlet works and water conduits.
E. "Reservoir" means an area which contains or will contain the water or fluid impounded by a dam.
F. "Owner" means those who own, control, operate, maintain, manage or propose to construct a dam or reservoir. In cases where a dam has been abandoned by its owner (either intentionally or unintentionally), and it is necessary to reestablish ownership, the Department shall look first to those entities who hold title to the property on which the dam is constructed and those entities who have acquired some legal responsibility for the dam through covenants or other legal agreements, and secondarily to the other entities who fall under the definition of owner.
G. "Operate" a dam or reservoir means to perform functions intended to preserve or protect the dam or reservoir (or the area potentially impacted by the dam or reservoir). Examples of operator functions include removal or replacement of flashboards, opening or closing of gates, removal of accumulated trash at the spillway, and maintenance functions such as mowing grass on the dam, etc.
H. "Classification inspection" means visual examination of an existing dam or proposed dam site to determine the physical dimensions of the dam and reservoir and the hazard potential of the structure, irrespective of the structural safety of the dam itself.
I. "Preliminary inspection" means a visual but technical evaluation of the structural integrity and physical stability of a dam and may include an analysis of the dam's ability to pass flood waters. The term "preliminary inspection" means also the recurring routine reinspections that the Department may schedule for certain dams.
J. "Detailed inspection" means all studies, investigations and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. This inspection may include but is not limited to soil analysis, concrete or earth stability analysis, materials testing, foundation explorations, hydrologic analysis, including basin studies and flood potential. This inspection shall be performed by a qualified registered professional engineer.
K. "Alteration" means any change to a dam or reservoir which affects the physical parameters and safety of the dam or reservoir which may include but is not limited to changing the height of a dam, increasing the normal pool or principal spillway elevation or changing the elevation or physical dimensions of an emergency spillway.
L. "Repairs" means any work done on a dam which may affect the safety of the dam. This includes but is not limited to work requiring excavation into the embankment fill or foundation of a dam or work requiring removal or replacement of major structural components of a dam.
M. "Removal" means the destruction or breaching of a dam or reservoir to the extent that no water or fluid can be impounded by the dam or reservoir.
N. "Order" means a written document prepared and issued by the Department which mandates specific actions to be accomplished by a dam owner within a specified time frame.
O. "Hazard Potential" means the potential for causing property damage or loss of human life in the event of failure or improper operation of a dam or reservoir.
P. "Engineer" means a registered professional engineer licensed to practice in the State or an individual employed by the USDA-Natural Resources Conservation Service with the title of "engineer" who is qualified and authorized to sign documents prepared and submitted by USDA-Natural Resources Conservation Service.
Q. "Probable Maximum Precipitation" (PMP) means the theoretically greatest-depth of precipitation for a given duration that is physically possible over a given area at a given time of year; these projected maximum precipitation numbers are arrived at by the National Weather Service by studying actual storm events that have occurred in similar climatic areas. Information on PMP is available in publications from the National Weather Service NOAA.
R. "Probable Maximum Flood" (PMF) means the largest flood that theoretically could occur at a given site during our present geological and climatic era. The initiating event in a PMF determination is the PMP.
S. "Height" of a dam is measured in feet from the top of the dam to the natural bed of the stream or water course at the downstream toe of the barrier; if the barrier is not across a stream or water course, height is measured from the top of the dam to the lowest elevation of the outside limit of the barrier.
T. "Storage capacity" or "impoundment storage" of a reservoir is defined to be the volume of water (normally measured in acre-feet) contained in the impoundment at maximum storage elevation (i.e., when water is at the top of the dam.)
A. General. All dams and reservoirs subject to this regulation shall be classified according to their size and hazard potential. Classifications shall be made in accordance with this section and are subject to final approval by the Department. It may be necessary to reclassify dams as additional information becomes available.
B. Size Classification. The classification for size based on the height of the dam and storage capacity shall be in accordance with the table below. Size classification may be determined by either storage or height, whichever gives the larger size capacity.
Size Classification Table
Category Impoundment Height
Storage (Feet)
(Acre Feet)
Very Small <50 and <25
Small >=50 and <1000 or >=25 and <40
Intermediate >=1000 and <50,000 or >=40 and <100
Large >=50,000 or >=100
C. Hazard Potential Classification. The classification for potential hazard shall be in accordance with the table below. The hazards pertain to potential loss of human life or property damage in the event of failure or improper operation of the dam or appurtenant works. Probable future development of the area downstream from the dam that would be affected by its failure shall be considered in determining the classification. Dams shall be subject to reclassification if the Department determines that the hazard has changed.
Hazard Potential Classification Table
Hazard Classification Hazard Potential
High Hazard Dams located where failure will likely cause loss
(Class I) of life or serious damage to home(s), industrial
and commercial facilities, important public
utilities, main highway(s) or railroads.
Significant Hazard Dams located where failure will not likely cause
(Class II) loss of life but may damage home(s), industrial and
commercial facilities, secondary highway(s) or
railroad(s) or cause interruption of use or service
of relatively important public utilities.
Low Hazard Dams located where failure may cause minimal
(Class III) property damage to others. Loss of life is not
expected.
D. Exemptions. The following types of dams are exempt from the Dams and Reservoirs Safety Act and the regulations pertaining thereto:
1. Unless the hazard potential as determined by the Department is such that dam failure or improper reservoir operation may cause loss of human life, any dam which is or shall be (a) less than twenty-five feet in height from the natural bed of the stream or water course measured at the downstream toe of the dam, or twenty-five feet from the lowest elevation of the outside limit of the dam, if it is not across a stream channel or water course, to the maximum water storage elevation and (b) has or shall have an impounding capacity at maximum water storage elevation of less than fifty acre-feet.
2. Any dam owned or operated by any department or agency of the federal government.
3. Any dam owned or licensed by the Federal Energy Regulatory Commission, the South Carolina Public Service Authority, the Nuclear Regulatory Commission, the United States Army Corps of Engineers, or other responsible federal licensing agencies considered appropriate by the Department.
4. Any dam upon which the South Carolina Department of Transportation or county or municipal governments have accepted maintenance responsibility for a road or highway where that road or highway is the only danger to life or property with respect to failure of the dam.
5. Any dam, which in the judgement of the Department, because of its size and location could pose no significant threat of danger to downstream life or property. Upon request, Certificates of Exemption (DHEC Form 2601(6/94) are available from the Department for dams in this category.
E. Dams in Series. If an upstream dam has the capability to create failure in a downstream dam because of its failure flood wave, it shall have the same or higher hazard classification as the downstream dam. If the failure flood wave of the upstream dam will not cause failure of the downstream dam, the upstream dam may have a different hazard potential classification from the downstream dam.
A. General. Any individual who proposes to construct a new dam or repair, alter or remove an existing dam shall apply for and obtain a permit from the Department for the proposed work. A separate application for construction of each new dam or reservoir and for alteration, repair, or removal of an existing dam or reservoir, shall be filed with the Department, except that only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam. See the Regulation on Dam Classification and Exemptions for dams which are exempt from the Dams and Reservoirs Safety Act and the regulations pertaining thereto.
B. Activities Requiring a Permit.
1. Construction of a new dam: Construction of a new dam shall not commence until the owner has applied for and received a permit to construct from the Department, except for any new dam exempt from the statute.
2. Repairs to an existing dam: Repairs to an existing dam shall not commence until the owner has applied for and received a repair permit from the Department to perform the necessary repairs. Repairs proposed voluntarily or pursuant to an inspection and repair order require permitting. Should the owner be uncertain as to whether the proposed work is repair or normal maintenance work, he should contact the Department for clarification. In case of an emergency where the owner finds repairs are necessary to safeguard life or property, the owner may start such repairs immediately but shall notify the Department at once of the proposed repair and work under way.
3. Alteration of an existing dam or reservoir: Alteration of an existing dam or reservoir shall not commence until the owner has applied for and obtained a permit from the Department to perform the proposed alteration. Alteration of a dam or reservoir includes but is not limited to changing the height of a dam, increasing the normal pool or principal spillway elevation, or changing the elevation or physical dimensions of an emergency spillway.
4. Removal of an existing dam: Removal of an existing dam shall not commence until the owner has applied for and obtained a permit from the Department to accomplish the proposed removal. Removals proposed voluntarily or pursuant to an inspection and repair order require permitting.
C. Permit Application Procedures.
1. The initial application for any permit shall be signed by the owner and should be submitted to the Department. The Department shall determine if the work described in the application can be accomplished without a permit and so advise the owner. When the initial application is intended to satisfy the requirements of a final permit application, it shall identify the name, address, telephone number and registration number of the engineer.
2. The Department shall:
a. Review the initial application and shall assign or verify classification of the dam.
b. Notify the owner in writing that an initial application is on file and advise the owner of any additional information that may be required in the final permit application before a permit can be issued. The information normally required by the Department for issuance of a permit is described in the following subsection entitled "Permit Application Requirements" of this Regulation.
c. If appropriate, determine that the proposed work does not require a permit, and notify the applicant that further application procedures shall be waived. The owner may then proceed with the proposed work, once any other required permits are obtained.
d. As it deems appropriate and upon receipt of all necessary information, refer copies of the completed final application to other state and local agencies for review and comment.
e. Arrange for any necessary meetings with the dam owner and/or his engineer to discuss the application and resolve any conflicting or uncertain matters.
f. Issue an appropriate permit upon review and approval of the proposed work contained in the final application.
D. Permit Application Requirements.
1. General.
a. The information required in a permit application shall vary depending on the dam's classification and the type of permit requested. All initial permit applications shall at a minimum contain such general information as name and address of the dam owner; dam location, height and purpose; reservoir surface area, watershed area and characteristics; stream flow; description of existing and probable downstream development; type of permit requested; a brief description of the work to be performed and the proposed time of commencement and completion of work. Specific requirements for the final permit application for each type of permit are contained in subsequent paragraphs.
b. All final permit applications shall be prepared by an engineer and shall include a design report with plans and specifications. In addition, the final permit application shall address the subjects required by the Department for the type permit required (i.e., construction, repair, removal). When the initial application is intended to satisfy final application requirements, it also shall be prepared by an engineer.
c. All designs for proposed work shall be done in accordance with good engineering practices. The safety factors, design procedures and design references that are used shall be included in the final report. Criteria and design procedures developed by the following agencies are acceptable to the Department.
(1) United States Army, Corps of Engineers
(2) United States Department of Agriculture, Natural Resources Conservation Service
(3) United States Department of Interior, Water and Power Resources.
d. Other procedures that are approved by the Department may also be used and referenced. These include special design criteria for tailings ponds involved in mining, with special consideration being given to hydrology and stability.
e. All applications to construct new dams or reservoirs classified as high hazard or significant hazard shall include a fully-developed emergency action plan.
2. Construction Permit Application Requirements. A permit to construct shall not be issued until a final permit application is received and approved by the Department. The areas which shall be addressed in the design report and the plans and specifications for a construction permit are contained in subsequent paragraphs, as are the requirements for an emergency action plan.
a. Design Report - The design report shall address and/or provide specific information pertaining to the following as specified by the Department.
(1) Name and address of the applicant and a general description of the dam and appurtenances. The description shall include a statement of the purpose for which the dam is to be used.
(2) A description of properties located in the flood plain below the dam including number of homes, buildings, roads, utilities and other property that would be endangered should failure of the dam occur. For the purpose of delineating the affected flood plain below the dam, the engineer shall consider it the area in which water surface elevations increase a minimum of one foot as a result of dam failure.
(3) Maps showing the location of the dam, identifying the county, the location of state roads, access to the site and the outline of the reservoir. Aerial photographs or USGS maps may be used for this purpose.
(4) Design criteria including a description of the size, ground cover conditions, and extent of development of the watershed, geology and geotechnical engineering assumptions for the foundation and embankment materials and type of materials to be used in the spillway system(s).
(5) An investigation of the foundation and abutment soils or bedrock and the borrow materials including the location of borrow areas, that are to be used to construct the dam. The foundation and abutments investigation shall consist of borings, test pits and other subsurface exploration necessary to clearly define the existing conditions. The investigations shall be performed so as to define the soil and rock and ground-water conditions. Geologic profiles and a geologic report prepared by a qualified geologist or soil borings examined by an engineer shall be required for certain Class II dams, as determined by the Department, and shall be required for all Class I dams. All construction material such as borrow soil and others shall be adequately specified to assure that the properties meet the design criteria. If on-site materials are specified, they shall be located and determined to be adequate in extent and properties.
(6) Data to indicate that the dam will be stable during construction, filling and under all conditions of reservoir operations including earthquake loading. Any slope subject to drawdown that exceeds 6 inches per day shall be designed to remain stable under the maximum anticipated drawdown conditions.
(7) Data to verify that the dam is safe against overtopping during occurrence of the inflow design flood and wave action. Both present and projected future land use shall be considered in determining the runoff characteristics of the drainage area. The most severe of these two conditions shall be used in the design. All hydrologic assumptions and design calculations shall be included in the report.
(8) Calculations, design data or references to indicate that seepage flow through the embankment, foundation and abutments shall be controlled so that no internal erosion will take place and so there will be no sloughing in the area where the seepage emerges. The design may include an embankment internal drainage system, a zoned embankment, a foundation cut-off, an upstream blanket, a sufficiently wide homogeneous section, or other methods deemed appropriate by the engineer to satisfy minimum acceptable safety factors against excessive seepage.
(9) Calculations and assumptions relative to design of the spillway(s). All dams shall have a spillway system with adequate capacity to safely pass a design flood in the range shown in Table 1 for the appropriate classification unless it is demonstrated by the applicant that adequate capacity is provided by other means. For new dams, the design flood should be selected at the top of the range in Table 1 for the appropriate classification categories. The applicant shall justify to the Department's satisfaction any spillway which is not designed in accordance with this provision.
(10) Criteria for open channel, drop, ogee, chute spillways and other spillway types that include crest structures, walls, channel lining, and miscellaneous details. All masonry or concrete structures shall have joints that are relatively watertight and shall be placed on foundations capable of sustaining applied loads without undue deformation. Provisions shall be made for handling leakage from the channel or underseepage from the foundation which might cause saturation of underlaying materials or uplift against the undersurfaces. All earth vegetated spillways shall be designed for an appropriate minimum frequency of use, as shown in Table III. The spillway system shall have adequate capacity to remove from the reservoir within 10 days following passage of the design flood peak at least eighty percent of the water temporarily detained in the reservoir above the elevation of the primary spillway.
(11) Provisions to insure that the upstream slope, crest and downstream slope of earth embankments and abutments will be protected against erosion due to wind and rain. Riprap or other erosion protection shall be considered for the full range in stage between the lowest drawdown elevation and at least two (2) feet above full normal pool.
(12) Other design data, assumptions and analysis data pertinent to individual dams and site conditions.
(13) A proposed construction schedule. The construction schedule shall include the estimated time to complete the construction activities, the techniques and work force to be used to insure that the dam is constructed according to the plans and specifications, techniques to be used to divert stream flow to prevent interference with construction and hazard to life or property, and the extent and method of construction quality control.
(14) A proposed filling schedule for the reservoir.
(15) A maintenance plan. The maintenance plan shall include a listing of the equipment and manpower designated for maintenance and the schedule for performing routine maintenance inspections. The maintenance plan shall address, as a minimum, the following items: such maintenance as is necessary to prevent the growth of trees and brush on the embankment and within the spillway system. The vegetation in areas surrounding dams shall be maintained in such a manner to allow adequate visual inspection of the embankments, spillways and crest of dams; such maintenance as is necessary to remove debris or other deleterious materials from the spillway system; such required inspections as are necessary to insure that all gates, orifices, dissipators and other appurtenances that affect the operation of the dam and reservoir are kept in good repair and working order.
(16) The estimated design life of the dam and the reservoir.
b. Plans and Specifications - One complete set of plans and specifications shall be submitted. The plans shall be detailed engineering design that consists of drawings and specifications which include as a minimum the following:
(1) A cover sheet indicating the name of the project; name of owner, classification of the dam; designated access to the project; and the location with respect to highways, roads, streams, and the dam(s) that would affect or be affected by the proposed structure.
(2) Maps showing the drainage area and outline of the reservoir and the ownership of properties covered by the reservoir or flood pool.
(3) Drawings showing the results of surveys which were made with sufficient accuracy to locate the proposed construction in relation to any downstream hazard and to define the volume of the storage in the reservoir. Locations of centerlines, and other horizontal and vertical control points, shall be shown on a map of the site.
(4) Geologic investigation, cross-sections, profiles, logs of borings, location of borrow areas, principal and emergency spillways and other pertinent items shall be included and drawn in sufficient detail and to a sufficiently large scale to clearly indicate their relative locations and the extent and complexity of the work to be performed.
(5) The technical provisions, as may be required, to describe the method of construction and quality control for the project.
(6) Special provisions, as may be required, to describe the technical provisions needed to insure that the dam is installed according to the approved plans and specifications.
(7) General provisions that specify the rights, duties and responsibilities of the applicant, applicant's engineer, builder, and the prescribed order of work.
c. Emergency Action Plan - One copy of a fully developed emergency action plan for any new dam or reservoir whose hazard classification is high hazard or significant hazard. The emergency action plan shall include, as a minimum, the following:
(1) For a high hazard dam:
(a) An emergency alert notification plan on a format sheet supplied by the Department. All pertinent names and telephone numbers required on the form shall be furnished.
(b) Full computer-generated breach analyses with contour maps showing the inundated areas below the dam for the following cases: sunny-day breach with water at normal pool level and breach of the dam during passage of the design storm at the point when water elevation is at its maximum level in the reservoir.
(c) A written listing of the specific actions that shall be taken if there is reason to conclude the dam is near failure or has failed. This shall include the responsibility of the dam owner to notify any downstream property owners.
(2) For a significant hazard dam:
(a) An emergency alert notification plan on a format sheet supplied by the Department.
(b) Full computer-generated breach analyses for the same cases as a high hazard dam above. An exception to the requirement for full-computer generated breach analyses occurs when the only downstream hazard is a road. In this instance, it is acceptable to submit flood inundation maps based on the best-available computation techniques without use of a full computer-generated breach analysis.
(c) A written listing of the specific actions that shall be taken if there is reason to conclude the dam is near failure or has failed. This shall include the responsibility of the dam owner to notify any downstream property owners.
3. Repair Permit Application Requirements. A permit to make repairs to a dam or its appurtenant works shall not be issued until a final permit application is received and approved by the Department. The proposed work shall be clearly described in the final permit application which shall include a design report with appropriate plans and specifications. The areas which shall be addressed in the design report and the plans and specifications for a repair permit are contained in subsequent paragraphs.
a. Design Report - The design report shall address and/or provide specific information pertaining to the following as appropriate or as specified by the Department.
(1) Information required in the design report for a construction permit.
(2) Complete description of the proposed work which shall include the specific measures to be taken to reasonably insure the problem shall not recur.
(3) Hydrologic and hydraulic calculations and assumptions relative to design of repairs to spillways. Spillway repairs shall be designed so as to provide adequate capacity to safely pass the appropriate spillway design flood. Table 1 provides a range of design floods based on the extent of downstream hazard within each range. The applicant shall justify to the Department's satisfaction any spillway repairs which are not designed in accordance with this provision.
(4) Calculations and assumptions relative to design of repairs to the structural elements of the dam. Foundation investigations and stability analysis may be required.
(5) Reservoir drawdown and refill schedules.
(6) Seepage control. Complete description of measures taken to protect the integrity of the dam during the repair work shall be included.
b. Plans and Specifications - One complete set of plans and specifications shall be submitted. The plans shall be detailed engineering design that consists of drawings and specifications which include as a minimum the following:
(1) A cover sheet indicating the name of the project, name of owner; classification of the dam; designated access to the site; and the location with respect to highways, roads, streams, and the dam(s) that are affected by the structure.
(2) Maps showing the drainage area and outline of the reservoir.
(3) Drawings showing the results of surveys which were made with sufficient accuracy to locate the dam in relation to any downstream hazard.
(4) Drawings showing appropriate cross section and profile views of the proposed work with centerlines and horizontal and vertical control points clearly identified in a sufficiently large scale to clearly indicate the extent and complexity of the work to be performed.
(5) Technical provisions, as may be required, to describe the method of construction and quality control for the proposed work.
(6) General provisions that specify the rights, duties and responsibilities of the applicant, applicant's engineer, contractor, and the prescribed order of work.
4. Alteration Permit Application Requirements. A permit to make alterations to a dam, its appurtenant works or reservoir shall not be issued until a final permit application is received and approved by the Department. The proposed work shall be clearly described in the final permit application which shall include a design report with appropriate plans and specifications. The areas which shall be addressed in the design report and the plans and specifications for an alteration permit are contained in subsequent paragraphs.
a. Design Report - The design report shall address and/or provide specific information pertaining to the following as appropriate or as specified by the Department.
(1) Information required in the design report for a construction permit.
(2) Complete description of the proposed work.
(3) Hydrologic and hydraulic calculations and assumptions relative to design of any alteration to the spillway system(s), the storage capacity of the reservoir, the normal pool and flood pool elevations or the height of the dam. Any alteration which affects the structure's ability to pass flood waters shall be designed so as to provide adequate capacity to safely pass the appropriate spillway design flood. Table 1 provides a range of design floods based on dam classification. The appropriate spillway design flood shall be based on the extent of downstream hazard within each range. The applicant shall justify to the Department's satisfaction any such alteration which is not designed in accordance with this provision.
(4) Calculations and assumptions relative to design of alterations to the structural elements of the dam. Foundation investigations and stability analysis may be required.
(5) Reservoir drawdown and refill schedule.
b. Plans and Specifications - One complete set of plans and specifications shall be submitted. The plans shall be detailed engineering design that consists of drawings and specifications which must include as a minimum the items listed for a construction permit.
5. Removal Permit Application Requirements. A permit to abandon or remove a dam or reservoir shall not be issued until a final permit application is received and approved by the Department. The proposed work shall be clearly described in the final permit application which shall include a design report with appropriate plans and specifications. The areas which shall be addressed in the design report with plans and specifications for an abandonment permit are as follows:
a. Name and address of the applicant.
b. Detailed descriptions of the proposed changes.
c. Properties located in the flood plain below the dam including number of homes, buildings, roads, utilities and other property that might be endangered.
d. Maps showing the location of the structure that include the county, the location of state roads, access to the site and the outline of the reservoir. Aerial photographs or USGS maps may be used for this purpose.
e. Plans and specifications which shall address the following:
(1) Method of draining the reservoir including a proposed work schedule and statement of the sequence of operations.
(2) Method of disposal or stabilization of the sediment.
(3) Disposition of the dam materials.
(4) Description of the reclamation actions to be applied to the dam and impoundment area.
(5) Means for preventing future impoundment.
E. Permits.
1. The Department shall issue permits for construction, repair, alteration or removal of dams and reservoirs. All permits shall contain the general requirements as well as any special requirements necessary for the accomplishment of the work and shall specify a time when the proposed work is to be completed. The special requirements may also specify that the engineer performing the day-to-day construction inspection for the owner is required to submit construction reports to the Department at designated times. The owner shall apply for an extension of time for completion of the work specified in his permit if for any reason the work cannot be completed within the time specified in the permit. Any changes proposed after issuance of a permit shall be submitted to the Department by the owner and approved by the Department prior to initiation of any of the proposed changes. Failure to do so may result in permit revocation.
2. Permits are revocable by the Department in the event that the terms of the permit as set forth by the Department are violated. In the event that an owner's permit is revoked, the owner has the right to request a hearing before an Administrative Law Judge if the request is made within thirty (30) days after written notice of such revocation, as hereinafter provided in the Regulation covering Hearings and Hearings Procedures; provided, however, that the request for a hearing shall not act as a supersedeas.
F. Certification of Completion or Operation.
1. Notice of Completion. The owner shall file with the Department written notice of completion of the work for which a permit was issued. The notice shall be filed within ten (10) days after completion of the work, shall set forth the date of completion and shall be accompanied by written certification from the engineer that inspected the work that the work was performed in conformance with the plans and specifications approved by the Department.
2. As-Built Plans. The Department may, in its discretion, require the owner to file in duplicate supplementary drawings, in the form of paper prints, showing the dam and appurtenances as actually constructed or, in connection with the repair, alteration or removal of a dam or reservoir, showing the new work. Such supplementary drawings shall be filed within sixty (60) days after written notice from the Department.
3. Certificate of Completion and Operation. The Department shall issue a certificate of completion and operation upon receipt of a notice of completion from the owner and a written certification from the engineer and upon approval of the work by the Department. Prior to receipt of the certificate of completion and operation, the owner shall not impound water or raise the water level in the reservoir as may have been stated in the special provisions of the permit. The certificate shall contain the normal requirements for maintenance and operation which shall refer to, as a minimum, the following:
a. Such maintenance as is necessary to prevent the growth of trees and brush on the embankment and within the spillway system.
b. Such maintenance as is necessary to remove debris or other deleterious materials from the spillway systems.
c. Such required inspections as are necessary to insure that all gates, orifices, dissipators and other appurtenances that affect the operation of the dam and reservoir are kept in good repair and working order. Spillway and outlet gates that are required to operate to pass flood flows shall be test operated at least once each year and the owner shall provide reports as required by the Department.
A. General. Inspection of dams and their appurtenant works is necessary to verify the safety of dams and compliance with these rules and regulations and the Dams and Reservoirs Safety Act. The results of any inspection are subject to verification by the Department.
B. Classification Inspections. Classification inspections shall be performed in accordance with the Regulation covering Dam Classifications and Exemptions. Classification inspections are initially required to determine if a dam falls under the provisions of the Dams and Reservoirs Safety Act. Subsequent classification inspections may be necessary as development occurs which could affect the hazard potential of a dam, and consequently its classification.
C. Preliminary Inspections.
1. Preliminary inspections of dams shall be performed by the Department to identify those dams which require maintenance and/or repair actions to reduce their danger to human life or property. Preliminary inspections shall consist of a visual examination of the dam and its appurtenant works and may include an analysis of the dam's ability to pass flood waters or other problems that may be suspect as a result of the visual examination.
2. The Department shall schedule preliminary inspections of dams within a priority system based on the condition of the dam and the dam's classification. Should another authorized investigator indicate a need for a preliminary inspection or should a written private complaint alleging that the person or property of the complainant is endangered by the maintenance, operation or condition of a dam or reservoir be received, the Department shall schedule a preliminary inspection as soon as possible and if necessary a more detailed analysis as available resources permit.
3. The Department shall notify the owner of a dam prior to a preliminary inspection and shall advise the owner of the results of the inspection and of the Department's intentions regarding issuance of a detailed inspection and repair order or intentions regarding issuance of a maintenance order. The owner shall provide all readily available engineering design and performance data to the Department which shall be considered for inclusion in the preliminary inspection report. The owner shall remove sufficient trees, brush and brambles prior to the Department's inspection so that adequate visual examination of the dam and its appurtenant works can be accomplished. The owner shall furnish an Emergency Action Plan for all high hazard and significant hazard dams as a part of the preliminary inspection or reinspection. The minimum requirements for an Emergency Action Plan shall be the following:
a. An emergency alert notification plan on a format sheet supplied by the Department.
b. A written listing of the specific actions that shall be taken if there is reason to conclude the dam is near failure or has failed. This shall include the responsibility of the dam owner to notify any downstream property owners.
4. The results of a preliminary inspection may form the basis for ordering the dam owner to perform a detailed inspection. Although a preliminary inspection may identify only one specific problem area (such as inadequate spillway capacity, excessive seepage, apparent instability or others), this singular problem will be ample evidence to allow the Department, at its discretion to order a complete detailed inspection of all dam features, components and capabilities. Likewise the results of a preliminary inspection may form the basis for ordering the dam owner to perform certain minimum maintenance items on the dam.
D. Detailed Inspections.
1. Detailed inspections may be performed voluntarily or pursuant to an order issued by the Department. The Department may order a detailed inspection after determining through a preliminary inspection that further investigation is required. The owner has the right to request a hearing before an Administrative Law Judge if the request is submitted within 30 days after receiving the preliminary inspection results.
2. A detailed inspection shall be performed by a professional engineer licensed in the State and be in sufficient detail so that appropriate plans and specifications correcting all deficiencies of the dam can be prepared by the engineer and submitted by the owner to the Department for approval. The submission shall contain the results of the detailed inspection and shall be in the form of a permit application requesting either a repair, alteration or removal permit as set forth in the Regulation on Permitting Procedures and Requirements.
A. General. The Department has the authority and responsibility to issue orders to dam owners mandating remedial measures necessary to protect life and property from danger imposed by unsafe dams. The remedial measures ordered by the Department shall be made at the dam owner's expense and shall normally include a detailed inspection followed by appropriate repairs.
B. Inspection and Repair Order.
1. If upon the findings of a preliminary inspection, it is determined that a dam or reservoir is apparently unsafe and a danger to life or property, the Department may issue an "Inspection and Repair Order" to the owner of such dam or reservoir to make at his expense a detailed inspection of the dam or reservoir and to submit plans and specifications to the Department in the form of a permit application to correct all problems found by the detailed inspection. Based on the findings of the detailed inspection, the owner shall make the decision to repair, to alter or to remove the dam and shall submit the appropriate permit application as prescribed in the Regulation on Permitting Procedures and Requirements.
2. If an inspection and repair order is issued, it shall state the findings of the preliminary inspection, the remedial measures required and the date by which such measures are to be completed.
3. The owner of a dam or reservoir which has been determined through a preliminary inspection to be unsafe and a danger to life or property has the right to request a hearing before an Administrative Law Judge if the request is made within thirty (30) days after receiving written notice of such findings, as hereinafter provided in the Regulation on Hearings and Hearing Procedures. The Department may solicit voluntary compliance by the owner to take the remedial steps necessary to reduce the risk of dam failure.
4. Extension of time to complete work specified in an inspection and repair order may be granted by the Department, provided, however, no extension shall be granted when there appears substantial and immediate danger of dam failure.
C. Maintenance Order. If upon the findings of a preliminary inspection, it is determined that a dam or reservoir is not being properly maintained, the Department may issue a "Maintenance Order" to the owner of such dam or reservoir to perform within a specified period of time such items of maintenance that are listed in the "Maintenance Order." The owner has the right to request a hearing before an Administrative Law Judge if such request is submitted within (30) days after receiving such a written order. Extension of time to complete the requested maintenance may be granted based on circumstances over which the owner has no control.
D. Emergency Order.
1. The Department shall immediately order emergency measures necessary to protect life or property if the condition of any dam or reservoir completed or under construction is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an inspection and repair order or if passing of imminent floods threaten overtopping erosion or destruction of any dam or reservoir capable of danger to life or property. In applying emergency measures, the Department shall have the following limited powers to direct the owner to:
a. Lower the water level by releasing water from the reservoir.
b. Completely empty the reservoir.
c. Take whatever immediate measures necessary to reduce the risk of dam failure.
2. In case of an emergency where the owner finds repairs are necessary to safeguard life or property, he may start such repairs immediately but shall notify the Department at once of the proposed repair and work under way.
3. When the owner fails to comply with the emergency order or cannot be ascertained or found, the Department or its authorized agents may enter and immediately take such actions as may be necessary to provide protection to life or property including removal of the dam. The Department thereafter may recover from the owner, in the name of the State, the expenses incurred in taking such action in the same manner as debts are recoverable by law.
A. General. The owner of any high hazard dam or significant hazard dam shall inform the Department in writing within 30 days after title to the dam or reservoir has been transferred from his ownership.
B. Implementation. The Department shall furnish to the owner a standard form on which change of ownership can be recorded and sent to the Department. This standard form will be a part of each inspection letter that Department staff issues, as a way of reminding the owners of this requirement. The standard form will be used for the owner's convenience, and the owner can notify the Department in writing about an ownership change without using the standard form.
C. Imposition of Administrative Fine. Failure to notify the Department about an ownership transfer within 30 days after it occurs can result in an administrative fine as detailed in Table II. A fine will not be imposed until the owner has received at least one written notice of the requirement to notify the Department about an ownership transfer and has failed to meet the requirement.
A. General. The Department may assess an administrative fine against any person who violates the Dams and Reservoirs Safety Act, the regulations promulgated pursuant to it, or an order issued under the Act. These fines shall be not less than one hundred nor more than one thousand dollars.
B. Implementation. Administrative fines that are assessed shall be based on those shown in Table II for the offenses listed. If the administrative fine is not paid, the Department may recover from the person fined, in the name of the State, the amount of the fine and the expenses incurred in collecting it, in the same manner debts are recoverable by law.
Under no circumstances, and in no particular case, shall these regulations or any part of them, be construed as a limitation or restriction upon the exercise of any proper discretion that is vested in the regulatory agency, nor shall these regulations in any event be construed to deprive the regulatory agency of any exercise of powers, duties and jurisdiction conferred by law, nor to limit or restrict the amount or character of data or information which may be required for proper administration of the Act.
A. An Administrative hearing is available, following a timely request, to determine the propriety of:
1. A classification of a dam or reservoir under the Regulation covering Dam Classifications and Exemptions;
2. A revocation or denial of a construction permit under the Regulation covering Permitting Procedures and Requirements;
3. The terms and conditions of a construction permit;
4. The issuance of an inspection and repair order under the Regulation covering Remedial Measures;
5. The issuance of a maintenance order under the Regulation covering Remedial Measures;
6. The imposition of an administrative fine under the Regulation covering Administrative Fines.
B. A hearing may be initiated by any owner, provided that a written request is received within thirty (30) days after notice is given to the owner of the adverse action. The contested case hearing will be held before an Administrative Law Judge. Any request for a hearing shall be filed with the Clerk of the Board of DHEC and shall contain the following:
1. The name of the party requesting the hearing and the issue(s) for which the hearing is requested.
2. The caption or other information sufficient to identify the decision, order, or inaction which is the subject of the hearing; and
3. The relief requested.
C. Board review and any subsequent judicial review of the order of the Administrative Law Judge shall be allowed in accordance with the South Carolina Administrative Procedures Act and any applicable rules and regulations.
TABLE I
SPILLWAY DESIGN FLOOD CRITERIA
Hazard Size Spillway Design Flood (SDF) [FN*]
High Very Small 100-yr. to 1/2 PMF
Small 1/2 PMF to PMF
Intermediate PMF
Large PMF
Significant Small 100-yr. to 1/2 PMF
Intermediate 1/2 PMF to PMF
Large PMF
Low Small 50 to 100-yr. frequency
Intermediate 100-yr. to 1/2 PMF
Large 1/2 PMF to PMF
[FN*] Note: When appropriate, the spillway design flood may be reduced to the
spillway discharge at which dam failure will not significantly increase the
downstream hazard which exists just prior to dam failure.
TABLE II
ADMINISTRATIVE FINES
Failure to notify Department within 30 days of ownership transfer:
High hazard dam (except very small size class) $200
High hazard dam (very small size class) $100
Significant hazard dam $100
Failure to obey written repair order or written emergency repair
order
High hazard dam $1000
Significant hazard dam $500
Failure to obey written maintenance order:
High hazard dam $500
Significant hazard dam $250
Construction of dam without a permit:
High hazard dam $500
Significant hazard dam $250
Failure to obey conditions in a permit:
High hazard dam $300
Significant hazard dam $150
Failure to provide or update Emergency Action Plan:
High hazard dam (except very small size class) $200
High hazard dam (very small size class) $100
Significant hazard dam $100
Other violations of Act or Regulations:
High hazard dam $100-$1000
(depending on severity of offense)
Significant hazard dam $100-$500
(depending on severity of offense)
TABLE III
MINIMUM FREQUENCY OF USE
EARTH VEGETATED SPILLWAYS
Low hazard dam 1 year
Significant hazard dam 10 years
High hazard dam 25 years
ARTICLE 2.
EROSION AND SEDIMENT REDUCTION AND STORMWATER MANAGEMENT RELATIONS
These regulations shall apply to all land either owned by the state, a state agency, or quasi-state agency or under the management or control of such entities through right-of-way easements or other agreements between the entities and private landowners, except as exempted by these regulations.
These regulations set forth requirements for erosion and sediment control and stormwater management measures to be used on state land to prevent damage to land, water and property from erosion, sediment and stormwater.
A. "Applicant" means the state agency or quasi-state agency that owns, manages or controls state land that is to be disturbed, or the agent of the agency.
B. "Commission" means the South Carolina Land Resources Conservation Commission or its agent.
C. "Construction" means the building or erection of a structure or any land preparation or change for the same.
D. "Construction site" or "site" means the area of land to be disturbed for the purpose of construction.
E. "Day" means all calendar days except Saturdays, Sundays and holidays.
F. "Emergency repairs" means repairs of an unforeseen nature that are necessary to protect property or human health and safety.
G. "Erosion" means the wearing away of the ground surface by the action of water, wind, gravity or any combination thereof.
H. "Erosion and sediment control and stormwater management plan" or "plan" Means a description of measures, including a timetable for their installation in relation to the construction schedule, to be used on a particular land area to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased; the plan to be designed by a registered professional engineer, registered landscape architect or professional soil conservationist.
I. "Land disturbing activity" means any construction or other land change.
J. "NOAA" means the National Oceanic and Atmospheric Administration of the United States Department of Commerce.
K. "Private landowner" means any landowner other than the state, a state agency, quasi-state agency, subdivision of the state, or a federal government agency.
L. "Professional soil conservationist" means an individual who has successfully completed a four (4) year course of study at an accredited college or university leading to a Bachelor of Science Degree with major study in soil conservation or a closely related agricultural or natural resource field such as agronomy, wildlife biology, agricultural education or agricultural engineering, with a minimum of thirty (30) semester hours (or the equivalent) in agricultural or natural resource subjects, including three (3) semester hours (or the equivalent) in soils, and three (3) years experience in the planning and application of erosion and sediment control measures; the experience having been obtained under the supervision of another professional soil conservationist.
M. "Registered engineer" means an individual who is registered pursuant to Chapter 21, Title 40, Code of Laws of South Carolina, 1976.
N. "Registered landscape architect" means an individual who is registered pursuant to Chapter 28, Title 40, Code of Laws of South Carolina, 1976.
O. "Quasi-state agency" means any entity other than a state agency but having some attributes of a state agency by virtue of the fact that the state has some authority to make rules and regulations by which it is governed. For the purpose of these regulations, the South Carolina Public Service Authority is a quasi-state agency; county and municipal governments and special purpose districts are not quasi-state agencies.
P. "Sediment" means soil or other earth-like material that has been moved by the force of water, wind, gravity or any combination thereof.
Q. "State Engineer" means the State Engineer with the Division of General Services or his agent.
R. "State land" means all land either owned by the state, a state agency or quasi-state agency or under the management or control of such entities through right-of-way easements or other agreements between the entities and private landowners.
S. "Stormwater" means the direct runoff of water and associated material resulting from precipitation in any form.
T. "Structure" means anything constructed or erected on or in the ground, or attached to something having a location on or in the ground, including but not limited to buildings, roads, parking lots and utilities.
The following are exempted from these regulations:
A. Land owned by or under the jurisdiction of the South Carolina Department of Highways and Public Transportation.
B. Forest land owned or managed by the South Carolina Forestry Commission.
72-105. Requirement for Erosion and Sediment Control and Stormwater Management Measures to be Used and Maintained.
All land disturbing activities on state land under the jurisdiction of these regulations must be performed in a manner that erosion is controlled, sediment is retained on the site and stormwater is managed in a manner that neither any on-site nor off-site damage or problem is caused or increased; and all erosion, sediment and stormwater problems on state land under the jurisdiction of these regulations must be corrected. All erosion and sediment control and stormwater management measures implemented pursuant to these regulations must be maintained in proper functioning condition by the state agency or quasi-state agency that owns, manages or controls the land where the measures are located.
72-106. Land Disturbing Activities Under the Jurisdiction of the State Engineer.
A. No state land may be disturbed for the purpose of any land disturbing activity that is under the jurisdiction of the State Engineer pursuant to the South Carolina Consolidated Procurement Code (Title 11, Chapter 35, Code of Laws of South Carolina, 1976) or otherwise under his jurisdiction, except in accordance with an erosion and sediment control and stormwater management plan approved by the State Engineer. The State Engineer may alter the requirements of this regulation for a land disturbing activity as he deems appropriate, and he may exempt a land disturbing activity from any or all of the requirements if he determines that some or all of the requirements are not applicable, or that the activity will likely cause, increase or result in neither any on-site nor off-site erosion, sediment or stormwater damage or problem; the exemption may include activity that the State Engineer deems adequately controlled by a land management program or other laws and regulations. Emergency repairs may be performed without submitting a plan to the State Engineer; however, the repairs must be performed in a manner consistent with these regulations to the maximum extent feasible.
B. Administration.
(1) The applicant shall submit an erosion and sediment control and stormwater management plan to the State Engineer to be approved before any land disturbing activity begins. Submittal to the State Engineer shall include, but not be limited to two (2) copies of the plan, specifications and design calculations. When supplemental information is required, the State Engineer shall request the information from the applicant in writing, including the reason(s) for requesting the information.
(2) Approval or disapproval of the plan.
(a) The plan must be reviewed by the State Engineer. If the plan meets the requirements of these regulations, the State Engineer shall approve the plan and so notify the applicant in writing.
(b) If the plan does not meet the requirements of these regulations, the State Engineer shall disapprove the plan and so notify the applicant in writing, indicating the reason(s) for disapproval.
(c) If the plan is disapproved, the applicant shall correct the indicated deficiencies and resubmit the plan to the State Engineer.
(d) The State Engineer shall either approve or disapprove any submitted or resubmitted plan and so notify the applicant in writing within thirty (30) days from the date of receiving all required information.
C. Responsibility of the applicant.
The applicant is responsible for implementing the plan, maintaining all erosion and sediment control and stormwater management measures in proper functioning condition, and meeting other requirements of these regulations.
D. Inspection and enforcement.
(1) The State Engineer shall periodically inspect work performed under the plan required by this regulation. In the event the State Engineer finds that the measures in the plan are not adequate to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased, he shall require that necessary additional measures be implemented.
(2) Upon completion of the land disturbing activity, the State Engineer shall make a final inspection and issue the applicant a letter of satisfactory completion if the work has been completed in accordance with the approved plan.
(3) In the event the State Engineer finds that the land disturbing activity has not been performed in accordance with the approved plan, he shall issue a written order either directing conformance with the plan, suspending additional work until conformance is achieved, or directing other measures that he deems necessary to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased.
(4) Complaints from any party must be investigated by the State Engineer.
(5) The State Engineer shall request legal assistance from the Attorney General's Office upon any unresolved problem resulting from violation of this regulation.
E. Minimum standards and specifications.
(1) The following standards and specifications must be used as the minimum criteria for the design and implementation of erosion and sediment control and stormwater management measures for construction.
(a) Use available soil survey information.
(b) Expose the smallest practical area of land for the shortest feasible time during construction.
(c) Retain and protect natural vegetation when feasible.
(d) Stockpile topsoil and replace on graded areas.
(e) Use vegetation, mulch, structural measures and other practices during construction to protect areas subject to erosion, manage stormwater and remove sediment from stormwater leaving the site.
(f) Use permanent vegetation, structural measures and other practices to prevent erosion and manage stormwater throughout the life of the facility; install the measures as soon as practical in the construction process.
(g) Provide for handling the increased runoff caused by changes in soil and surface conditions.
(h) Consider expected future development and conditions in the watershed when designing stormwater management systems.
(i) Unless on-site or off-site conditions warrant otherwise, use a twenty-five (25) year storm, as established by NOAA, and the rainfall time distribution that is expected to yield the most stringent design, to design structures, systems and improvements for:
1. temporary erosion and sediment control, and
2. temporary and permanent management of stormwater that originates on-site.
(j) Unless on-site or off-site conditions warrant otherwise, use a one hundred (100) year storm, as established by NOAA, and the rainfall time distribution that is expected to yield the most stringent design, to design structures, systems and improvements for:
1. permanent erosion and sediment control and stormwater detention/retention,
2. management of stormwater that originates outside yet flows through the site, and
3. locating buildings, utilities and other permanent facilities above the one hundred (100) year flood elevation.
(k) Use closed storm sewers for stormwater systems receiving runoff from areas less than forty (40) acres. This requirement may be waived when:
1. The required storm sewer pipe size is calculated to exceed thirty (30) inches, or
2. A natural stream or improved open channel is deemed more desirable, provided it has the capacity to carry the runoff resulting from a twenty-five (25) year storm with the rainfall time distribution that is expected to yield the most stringent design.
(l) Maintain all temporary and permanent erosion and sediment control and stormwater management measures in proper functioning condition.
(m) Discharges to stormwater drainage systems may be made only at locations approved by the State Engineer and where applicable, other appropriate authority (-ies); the discharge must be made in a manner that will not cause or increase any damage or problem.
(n) The State Engineer shall have authority to require detention/retention measures that are adequate to limit the rate of stormwater runoff from the site to the rate that existed prior to the land disturbing activity.
(2) The State Engineer may alter the minimum standards and specifications in this regulation to accommodate specific conditions of the site and affected areas, or when the standards and specifications are in conflict with other applicable regulations. When a conflict occurs, the most stringent regulations shall apply.
(3) The State Engineer may alter the minimum standards and specifications in this regulation for other land disturbing activities under his jurisdiction.
F. Plan Requirements.
(1) For construction, the plan required by this regulation shall follow the requirements of Regulation 19-445.2140 of the South Carolina Consolidated Procurement Code and shall include the following:
(a) A vicinity map sufficient to locate the construction site and to show the relationship of the construction site to its general surroundings at a scale of not less than one (1) inch to one (1) mile.
(b) The construction site drawn to a scale of not less than one (1) inch to two hundred (200) feet, and supporting specifications and schedules, showing:
1. the boundary lines of the construction site, including the approximate acreage of the site.
2. existing contours with intervals of not more than ten (10) feet and extending one hundred (100) feet outside the site boundary lines. Indicate any condition beyond this contour that would affect or be affected by stormwater from the site. The existing contour lines outside the site boundary lines may be estimated but shall represent the general topography.
3. a general description of the predominant soil type(s) on the site.
4. proposed physical improvements on the site, including existing structures and future utilization if future construction plans are known.
5. schedule of construction operations, including the anticipated starting and completion dates of each operation; and a timetable of the installation of each erosion and sediment control and stormwater management measure in relation to the construction schedule.
6. specifications for all proposed grading, including finished contours at a five (5) foot interval.
7. a grading and stormwater drainage plan for borrow pits and material processing facilities.
8. all necessary erosion and sediment control measures, designed in accordance with Regulation 72-106 E.
9. all necessary stormwater management measures, designed in accordance with Regulation 72-106 E.
10. specifications for all vegetative measures to be used:
a. Designation of area to be vegetated
b. Site preparation
c. Seed or plant selection and quality
d. Seeding rate
e. Mulch material and application rate
f. Fertilizer and lime, including application rates and fertilizer analysis
11. any other protective measures to be used during construction and throughout the life of the facility.
12. provisions for maintenance of measures in proper functioning condition during construction.
(c) The name and address of the applicant along with the person(s) or organization(s) involved in planning the project.
(d) Title, scale, north arrow, date and name of the individual preparing the plan, with seal when applicable.
(e) Any other reports, data or additional information that the State Engineer may require.
(f) The following certifications signed by the appropriate individuals:
1. Applicant's Certification: "I hereby certify that all land disturbing activity will be performed pursuant to this plan."
2. Designer's Certification: "I hereby certify that the measures in this plan are designed to control erosion, retain sediment on the site, and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased, that all structural measures are designed to the minimum standards for health and safety, and that all the provisions of the plan are in compliance with the regulations contained in Chapter 72, Article 2 (Erosion and Sediment Reduction and Stormwater Management Regulations)."
(2) The State Engineer may alter the plan requirements in this regulation for other land disturbing activities under his jurisdiction.
72-107. Land Disturbing Activities Under the Jurisdiction of the Land Resources Conservation Commission.
A. For the purpose of these regulations, the Land Resources Conservation Commission shall have jurisdiction over all land disturbing activities on state land that are not under the jurisdiction of the State Engineer as provided in Regulation 72-106 A. No state land may be disturbed for any such land disturbing activity except in accordance with an erosion and sediment control and stormwater management plan approved by the Commission. The Commission may alter the requirements of this regulation for a land disturbing activity as it deems appropriate, and it may exempt a land disturbing activity from any or all of the requirements if it determines that some or all of the requirements are not applicable, or that the activity will likely cause, increase or result in neither any on-site nor off-site erosion, sediment or stormwater damage or problem; the exemption may include activity that the Commission deems adequately controlled by a land management program or other laws and regulations. Emergency repairs may be performed without submitting a plan to the Commission; however, the repairs must be performed in a manner consistent with these regulations to the maximum extent feasible.
B. Administration.
(1) Construction.
The applicant shall submit an erosion and sediment control and stormwater management plan to the Commission to be approved before construction begins. Submittal to the Commission shall include, but not be limited to two (2) copies of the plan, specifications and design calculations. When supplemental information is required, the Commission shall request the information from the applicant in writing, including the reason(s) for requesting the information.
(2) Other land disturbing activities.
(a) All land disturbing activities not previously addressed in these regulations must be performed in a manner that erosion is controlled, sediment is retained on the site and stormwater is managed in a manner that neither any on-site nor off-site damage or problem is caused or increased.
(b) The applicant shall submit an erosion and sediment control and stormwater management plan to the Commission to be approved before any land disturbing activity begins. For activity that the Commission determines to be part of or to constitute an existing continuous program, the activity may be conducted without a plan approved by the Commission, provided that the applicant shall submit a plan for the activity to the Commission within six (6) months from the effective date of these regulations. For activity that is begun after six (6) months from the effective date of these regulations that the Commission determines to be part of or to constitute a continuous program, the applicant shall submit a plan to the Commission before the activity is begun.
(3) Approval or disapproval of the plan.
(a) The plan must be reviewed by the Commission. If the plan meets the requirements of these regulations, the Commission shall approve the plan and so notify the applicant in writing.
(b) If the plan does not meet the requirements of these regulations, the Commission shall disapprove the plan and so notify the applicant in writing, indicating the reason(s) for disapproval.
(c) For construction and other land disturbing activity that is not part of or does not constitute a continuous program:
1. If a plan is disapproved, the applicant shall correct the indicated deficiencies and resubmit the plan to the Commission.
2. The Commission shall either approve or disapprove any submitted or resubmitted plan and so notify the applicant in writing within thirty (30) days from the receipt of receiving all required information.
(d) For land disturbing activity that is part of or constitutes a continuous program:
1. If a plan is disapproved, the applicant shall correct the indicated deficiencies and resubmit the plan to the Commission within sixty (60) days from receipt of written notice of disapproval.
2. The Commission shall either approve or disapprove any submitted or resubmitted plan and so notify the applicant in writing within sixty (60) days from the date of receiving all required information.
3. The Commission shall periodically review plans and may require, in writing, revisions to the plans. The revision must be submitted to the Commission within sixty (60) days from receipt of written notification. The review process is the same as for the original plan.
C. Responsibility of the applicant.
The applicant is responsible for implementing the plan, maintaining all erosion and sediment control and stormwater management measures in proper functioning condition, and meeting other requirements of these regulations.
D. Inspection and enforcement.
(1) The Commission shall periodically inspect work performed under the plan required by this regulation. In the event the Commission finds that the measures in the plan are not adequate to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased, it shall require that necessary additional measures be implemented.
(2) Upon completion of construction and other land disturbing activity that is not part of or does not constitute a continuous program, the Commission shall make a final inspection and issue the applicant a letter of satisfactory completion if the work has been completed in accordance with the approved plan.
(3) In the event the Commission finds that any land disturbing activity has not been performed in accordance with the approved plan, the Commission shall issue a written order either directing conformance with the plan, suspending additional work until conformance is achieved, or directing other measures that it deems necessary to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased.
(4) Complaints from any party must be investigated by the Commission.
(5) The Commission shall request legal assistance from the Attorney General's Office upon any unresolved problem resulting from violation of this regulation.
E. Minimum Standards and Plan Requirements.
(1) For construction and all other land disturbing activity that is not part of or does not constitute a continuous program, erosion and sediment control and stormwater management plans must be prepared and implemented according to Regulations 72-106 E and 72-106 F with the exception that the words "State Engineer" must be replaced by "South Carolina Land Resources Conservation Commission."
(2) For continuous programs, plans must be prepared and implemented according to erosion and sediment control and stormwater management measures applicable to the land disturbing activities of the programs and according to any specific requirements or conditions set forth by the Commission.
72-108. All Erosion, Sediment and Stormwater Problems not Addressed by Regulations 72-106 and 72-107.
A. All erosion, sediment and stormwater problems on state land that are not addressed by Regulations 72-106 and 72-107 must be corrected to control erosion, retain sediment on the land and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased.
B. Administration.
(1) The Land Resources Commission shall inspect all state land to identify erosion, sediment and stormwater problems.
(2) The Commission shall notify in writing the state agency or quasi-state agency that owns or manages the land of the nature and extent of the problem(s).
(3) Based on the assessment of the problem(s), the commission may submit a plan to the agency to be implemented by the agency, or may require the agency to submit a plan to the Commission for approval, with the Commission providing guidance regarding the nature of the plan to be submitted. Submittal to the Commission shall include, but not be limited to two (2) copies of the plan, specifications and design calculations. When supplemental information for a submitted plan is required, the Commission shall request the information from the agency in writing, including the reason(s) for requesting the information.
(4) Any agency that is notified by the Commission to submit a plan shall submit the plan to the Commission within six (6) months from receipt of notification.
(5) Approval or disapproval of the plan.
(a) Any plan submitted to the Commission pursuant to this regulation must be reviewed by the Commission. If the plan conforms to the standards in Regulation 72-108 A, the Commission shall approve the plan and so notify the agency in writing.
(b) If the plan does not conform to the standards in Regulation 72-108 A, the Commission shall disapprove the plan and so notify the agency in writing, indicating the reason(s) for disapproval.
(c) If the plan is disapproved, the agency shall correct the indicated deficiencies and resubmit the plan to the Commission within sixty (60) days from receipt of written notice of disapproval.
(d) The Commission shall either approve or disapprove any submitted or resubmitted plan and so notify the owner or manager of the land within sixty (60) days from the date of receiving all required information.
C. Responsibility of the state agency or quasi-state agency.
The state agency or quasi-state agency that owns or manages the land is responsible for implementing the plan, maintaining all erosion and sediment control and stormwater management measures in proper functioning condition, and meeting other requirements of these regulations.
D. Inspection and enforcement.
(1) The Commission shall periodically inspect work performed under the plan required by this regulation. In the event the Commission finds that the measures in the plan are not adequate to control erosion, retain sediment on the land and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased, it shall require that necessary additional measures be implemented.
(2) Upon completion of such work, the Commission shall make a final inspection and issue the agency a letter of satisfactory completion if the work has been completed in accordance with the plan.
(3) In the event the Commission finds that work has not been performed in accordance with the plan, the Commission shall issue a written order either directing conformance with the plan or directing other measures that it deems necessary to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased.
(4) Complaints from any party must be investigated by the Commission.
(5) The Commission shall request legal assistance from the Attorney General's Office upon any unresolved problem resulting from violation of this regulation.
ARTICLE 3.
STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION
A. Stormwater runoff is a source of pollution of waters of the State, and may add to existing flooding problems. The implementation of a statewide stormwater management and sediment control program will help prevent additional water quantity and quality problems and may reduce existing problems.
B. Stormwater management and sediment control plan approvals are necessary prior to engaging in any land disturbing activity related to residential, commercial, industrial or institutional land use which are not specifically exempted or waived by these regulations.
C. To the extent possible, the Commission intends to delegate the provisions of these regulations to local governments. Those program provisions which are subject to delegation include stormwater management and sediment control plan approval, construction and maintenance inspections, enforcement, and education and training.
D. The Commission encourages the implementation of the Stormwater Management and Sediment Reduction Act on a watershed basis by local governments. The Commission recognizes that all jurisdictions may not have the resources available to implement this type of program immediately. However, the comprehensive approach of implementing the program on the watershed basis will allow for planned, orderly development in a watershed.
E. The implementation of a stormwater utility represents a comprehensive approach to program funding and implementation. The activities which may be undertaken by a stormwater utility include not only assessment, collection, and funding activities, but also carrying out provisions of adopted stormwater management plans. These provisions may include contracting for such services as project construction, project maintenance, project inspection, and enforcement of installation and maintenance requirements imposed with respect to approved land disturbing activities.
As used in these regulations, the following terms shall have the meanings indicated below:
1. "Adverse Impact" means a significant negative impact to land, water and associated resources resulting from a land disturbing activity. The negative impact includes increased risk of flooding; degradation of water quality; increased sedimentation; reduced groundwater recharge; negative impacts on aquatic organisms; negative impacts on wildlife and other resources; and threatened public health.
2. "Applicant" means a person, firm, or governmental agency who executes the necessary forms to obtain approval or a permit for a land disturbing activity.
3. "Appropriate Plan Approval Agency" means the Commission, Local Government, or Conservation District that is responsible in a jurisdiction for review and approval of stormwater management and sediment control plans.
4. "As-Built Plans or Record Documents" means a set of engineering or site drawings that delineate the specific permitted stormwater management facility as actually constructed.
5. "Best Management Practices" means a wide range of management procedures, schedules of activities, prohibitions on practices and other management practices which have been demonstrated to effectively control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use.
6. "Certified Construction Inspector" means a person with the responsibility for conducting inspections during construction and maintenance inspections after the land disturbing activity is completed as certified by the Commission.
7. "Certified Plan Reviewer" means a person with the responsibility for reviewing stormwater management and sediment control plans for an appropriate plan approval agency as certified by the Commission.
8. "Commission" means the South Carolina Land Resources Conservation Commission.
9. "Delegation" means the acceptance of responsibility by a Local Government or Conservation District for the implementation of one or more elements of the statewide stormwater management and sediment control program.
10. "Designated Watershed" means a watershed designated by a local government and approved by the Commission, Department of Health and Environmental Control and the South Carolina Water Resources Commission and identified as having an existing or potential stormwater, sediment control, or nonpoint source pollution problem.
11. "Detention Structure" means a permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff and release the stored runoff at controlled rates.
12. "Develop Land" means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.
13. "Developer" means a person undertaking, or for whose benefit, activities covered by these regulations are commenced and/or carried out.
14. "District" means any soil and water conservation district created pursuant to Chapter 9, Title 48, S.C. Code of Laws.
15. "Drainage Area" means that area contributing runoff to a single point.
16. "Easement" means a grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.
17. "Erosion" means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
18. "Erosion and Sediment Control" means the control of solid material, both mineral and organic, during a land disturbing activity to prevent its transport out of the disturbed area by means of air, water, gravity, or ice.
19. "Exemption" means those land disturbing activities that are not subject to the sediment and stormwater requirements contained in these regulations.
20. "Grading" means excavating, filling (including hydraulic fill) or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
21. "Implementing Agency" means the Commission, local government, or conservation district with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, or conducting inspections and enforcement actions in a specified jurisdiction.
22. "Infiltration" means the passage or movement of water through the soil profile.
23. "Land Disturbing Activity" means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff.
24. "Natural Waterways" means waterways that are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Construction channels such as drainage ditches shall not be considered natural waterways.
25. "Nonerodible" means a material, e.g., natural rock, riprap, concrete, plastic, etc., that will not experience surface wear due to natural forces of wind, water, ice, gravity or a combination of those forces.
26. "Local Government" means any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter.
27. "Nonpoint Source Pollution" means pollution contained in stormwater runoff from ill-defined, diffuse sources.
28. "One Hundred Year Frequency Storm" means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 100 years. It also may be expressed as an exceedence probability with a 1 percent chance of being equaled or exceeded in any given year.
29. "Person" means any State or federal agency, individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or other political subdivision of this State, any interstate body or any other legal entity.
30. "Person Responsible for the Land Disturbing Activity" means
(a) the person who has or represents having financial or operational control over the land disturbing activity; and/or
(b) the landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefitted from it or who has failed to comply with any provision of the act, these regulations, or any order or local ordinance adopted pursuant to this act as imposes a duty upon him.
31. "Post-Development" means the conditions which exist following the completion of the land disturbing activity in terms of topography, vegetation, land use and rate, volume or direction stormwater runoff.
32. "Pre-Development" means the conditions which existed prior to the initiation of the land disturbing activity in terms of topography, vegetation, land use and rate, volume or direction of stormwater runoff.
33. "Redevelopment" means a land disturbance activity that alters the current use of the land but does not necessarily alter the pre-development runoff characteristics.
34. "Responsible Personnel" means any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities.
35. "Retention Structure" means a permanent structure whose primary purpose is to permanently store a given volume of stormwater runoff. Release of the given volume is by infiltration and/or evaporation.
36. "Sediment" means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin.
37. "Single Family Residence-Separately Built" means a noncommercial dwelling that is occupied exclusively by one family and not part of a residential subdivision development.
38. "Stabilization" means the installation of vegetative or structural measures to establish a soil cover to reduce soil erosion by stormwater runoff, wind, ice and gravity.
39. "Stop Work Order" means an order directing the person responsible for the land disturbing activity to cease and desist all or any portion of the work which violates the provisions of this act.
40. "Stormwater Management" means, for:
(a) quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
(b) qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff.
41. "Stormwater Management and Sediment Control Plan" means a set of drawings, other documents, and supporting calculations submitted by a person as a prerequisite to obtaining a permit to undertake a land disturbing activity, which contains all of the information and specifications required by an implementing agency.
42. "Stormwater Runoff" means direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during and following the precipitation.
43. "Stormwater Utility" means an administrative organization that has been created for the purposes of planning, designing, constructing, and maintaining stormwater management, sediment control and flood control programs and projects.
44. "Subdivision", unless otherwise defined in an ordinance adopted by a local government pursuant to Section 6-7-1010, means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, or parcels less than five acres, for the purpose, whether immediate or future, of sale, legacy, or building development, or includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, in the context, shall relate to the process of subdividing or to the land or area subdivided.
45. "Swale" means a structural measure with a lining of grass, riprap or other materials which can function as a detention structure and convey stormwater runoff without causing erosion.
46. "Ten-Year Frequency Storm" means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 10 years. It may also be expressed as an exceedence probability with a 10 percent chance of being equaled or exceeded in any given year.
47. "Twenty-Five Year Frequency Storm" means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 25 years. It also may be expressed as an exceedence probability with a 4 percent chance of being equaled or exceeded in any given year.
48. "Two-Year Frequency Storm" means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in two years. It may also be expressed as an exceedence probability with a 50 percent chance of being equaled or exceeded in any given year.
49. "Variance" means the modification of the minimum sediment and stormwater management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of these regulations.
50. "Waiver" means the relinquishment from sediment and stormwater management requirements by the appropriate plan approval authority for a specific land disturbing activity on a case-by-case review basis.
51. "Water Quality" means those characteristics of stormwater runoff from a land disturbing activity that relate to the physical, chemical, biological, or radiological integrity of water.
52. "Water Quantity" means those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff to downstream areas resulting from land disturbing activities.
53. "Watershed" means the drainage area contributing stormwater runoff to a single point.
54. "Watershed Master Plan" means a plan for a designated watershed that analyzes the impact of existing and future land uses and land disturbing activities in the entire watershed and includes strategies to reduce nonpoint source pollution, to manage stormwater runoff and control flooding. The plan must be developed for the entire watershed, regardless of political boundaries, and must include appropriate physical, institutional, economic and administrative data needed to justify the plan.
72-302. Exemptions, Waivers and Variances from Law.
A. The following activities are exempt from both the sediment control and stormwater management requirements established by these regulations:
(1) Land disturbing activities on agricultural land for production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees; fur animals and aquaculture, except that the construction of an agricultural structure of one or more acres, such as broiler houses, machine sheds, repair shops and other major buildings and which require the issuance of a building permit shall require the submittal and approval of a stormwater management and sediment control plan prior to the start of the land disturbing activity.
(2) Land disturbing activities undertaken on forest land for the production and harvesting of timber and timber products.
(3) Activities undertaken by persons who are otherwise regulated by the provisions of Chapter 20 of Title 48, the South Carolina Mining Act.
(4) Construction or improvement of single family residences or their accessory buildings which are separately built and not part of multiple construction in a subdivision development.
(5) Land disturbing activities, other than activities identified in R.72-302A(6), that are conducted under another state or federal environmental permitting, licensing, or certification program where the state or federal environmental permit, license, or certification is conditioned on compliance with the minimum standards and criteria developed under this act.
(6) Any of the following land disturbing activities undertaken by any person who provides gas, electrification, or communications services, subject to the jurisdiction of the South Carolina Public Service Commission, or corporations organized and operating pursuant to Section 33-49-10 et seq.:
(a) land disturbing activities conducted pursuant to a certificate of environmental compatibility and public convenience and necessity issued pursuant to Title 58, Chapter 33, of the South Carolina Code, or land disturbing activities conducted pursuant to any other certification or authorization issued by the Public Service Commission;
(b) land disturbing activities conducted pursuant to a federal environmental permit, including Section 404 of the Federal Clean Water Act, and including permits issued by the Federal Energy Regulatory Commission;
(c) land disturbing activities associated with emergency maintenance or construction of electric, gas, or communications facilities, when necessary to restore service or when the Governor declares the area to have sustained a disaster and the actions are undertaken to protect the public from a threat to health or safety;
(d) land disturbing activities associated with routine maintenance and/or repair of electric, gas, or communications lines;
(e) land disturbing activities associated with the placement of poles for overhead distribution or transmission of electric energy or of communications services;
(f) land disturbing activities associated with placement of underground lines for distribution or transmission of electric energy or of gas or communications services; or
(g) land disturbing activities conducted by a person filing environmental reports, assessments or impact statements with the United States Department of Agriculture, Rural Electrification Administration in regard to a project.
Any person, other than a person identified in R.72-302A(6)(g) who undertakes land disturbing activities described in R.72-302A(6)(d,e,f) must file with the South Carolina Public Service Commission, in a Policy and Procedures Manual, the procedures it will follow in conducting such activities. Any person, other than a person identified in R.72-302A(6)(g), who conducts land disturbing activities described in R.72-302A(6)(b), must address the procedures it will follow in conducting the activities in the Policy and Procedures Manual filed with the South Carolina Public Service Commission to the extent that the land disturbing activities are not specifically addressed in the federal permit or permitting process. If any person, other than a person identified in R.72-302A(6)(g), does not have a Policy and Procedures Manual on file with the Public Service Commission, such manual must be filed with the Public Service Commission not later than six months after the effective date of Chapter 14, Title 48 of the 1976 Code of Laws, South Carolina.
Any person who undertakes land disturbing activities described in R.72-302A(6)(g) of this subsection shall give the same written notice to the commission as given to agencies whose permits are required for project approval by the regulations of the United States Department of Agriculture, Rural Electrification Administration.
(7) Activities relating to the routine maintenance and/or repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
(8) Activities undertaken on state-owned or managed lands that are otherwise regulated by the provisions of Chapter 18 of this title, the Erosion and Sediment Reduction Act.
(9) Activities undertaken by local governments or special purpose or public service districts relating to the repair and maintenance of existing facilities and structures.
B. Implementing agencies with responsibility for plan review and approval may grant waivers from the stormwater management requirements of these regulations for individual land disturbing activities provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed land disturbing activity. A separate written waiver request shall be required if there are subsequent additions, extensions, or modifications which would alter the approved stormwater runoff characteristics to a land disturbing activity receiving a waiver.
(1) A project may be eligible for a waiver of stormwater management for both quantitative and qualitative control if the applicant can demonstrate that the proposed project will return the disturbed area to a pre-development runoff condition and the pre-development land use is unchanged at the conclusion of the project.
(2) A project may be eligible for a waiver or variance of stormwater management for water quantity control if the applicant can demonstrate that:
(a) The proposed project will have no significant adverse impact on the receiving natural waterway or downstream properties; or
(b) The imposition of peak control requirements for rates of stormwater runoff would aggravate downstream flooding.
(3) The implementing agency will conduct its review of the request for waiver within 10 working days. Failure of the implementing agency to act by end of the tenth working day will result in the automatic approval of the waiver.
C. The implementing agency with responsibility for plan review and approval may grant a written variance from any requirement of these regulations if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of these regulations will result in unnecessary hardship and not fulfill the intent of these regulations. A written request for variance shall be provided to the plan approval agency and shall state the specific variances sought and the reasons with supporting data for their granting. The plan approval agency shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the applicant. The implementing agency will conduct its review of the request for variance within 10 working days. Failure of the implementing agency to act by the end of the tenth working day will result in the automatic approval of the varian
