H 3670 Session 110 (1993-1994)
H 3670 General Bill, By D.A. Wright and Sharpe
A Bill to amend Chapter 18 of Title 48, as amended, Code of Laws of South
Carolina, 1976, relating to the Erosion and Sediment Reduction Act, so as to
further provide for definitions, for certain exceptions, for the authority of
the Land Resources Conservation Commission to promulgate certain regulations
and the applicability of those regulations, for the membership of the Advisory
Council on Erosion and Sediment Reduction, and for certain reporting required
under the Act.
03/10/93 House Introduced and read first time HJ-2
03/10/93 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-3
01/19/94 House Tabled in committee
A BILL
TO AMEND CHAPTER 18 OF TITLE 48, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
EROSION AND SEDIMENT REDUCTION ACT, SO AS TO
FURTHER PROVIDE FOR DEFINITIONS, FOR CERTAIN
EXCEPTIONS, FOR THE AUTHORITY OF THE LAND
RESOURCES CONSERVATION COMMISSION TO PROMULGATE
CERTAIN REGULATIONS AND THE APPLICABILITY OF THOSE
REGULATIONS, FOR THE MEMBERSHIP OF THE ADVISORY
COUNCIL ON EROSION AND SEDIMENT REDUCTION, AND FOR
CERTAIN REPORTING REQUIRED UNDER THE ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 18 of Title 48 of the 1976 Code is amended to
read:
"CHAPTER 18
Erosion and Sediment Reduction Act of 1983
Section 48-18-10. This chapter may be cited as the Erosion and
Sediment Reduction Act of 1983.
Section 48-18-20. As used in this chapter:
(1) `Erosion' means the wearing away of the ground surface by the
action of wind, water, gravity, or any combination thereof of
them.
(2) `Sediment' means soil or other earth-like material that has
been moved by the forces of water, wind, gravity, or any combination
of them solid particle matter, both mineral and organic, that has
been or is being transported by water, air, ice, or gravity from its site of
origin.
(3) `Sedimentation' means the process or action of depositing
sediment.
(4) `Land disturbing activity' means any land change which may
result in excessive erosion and sedimentation 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.
(5) `Stormwater' means the direct runoff of water and associated
material resulting from precipitation in any form.
(6) `Local government' means any county or municipality.
(7) `Soil and water conservation district' or `conservation district'
means a governmental subdivision of the State created pursuant to
Chapter 9 of Title 48; and `conservation district board' means the
governing body of a soil and water conservation district.
(8) `Commission' means the South Carolina Land Resources
Conservation Commission.
(9) `Privately-owned land' means all land not owned by the State, a
state agency, a school district, quasi-state agency, subdivision
of the State, or a federal governmental agency.
(10) `Quasi-state agency' means any an 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 this chapter, the
South Carolina Public Service Authority is a quasi-state agency; county
and municipal governments and special purpose districts are not quasi-state agencies.
(11) `School district' means any area or territory comprising a
public entity and political subdivision of this State, whose sole purpose
is that of providing free school education and whose boundary lines are
a matter of public record.
Section 48-18-30. This chapter does not apply to the following:
(1) activities regulated by the South Carolina Mining Act (Chapter
19 of Title 48).;
(2) activities regulated under Chapter 14 of Title 48,
`The South Carolina Stormwater Management and Sediment Reduction
Act';
(2)(3) beach erosion, which for the purpose of this
chapter, means removal of soil, sand, or rock from the land adjacent to
the ocean due to wave action.
Section 48-18-40. The Land Resources Commission shall implement
a statewide erosion and sediment reduction and stormwater management
program as follows:
(1) The commission is designated as the state agency responsible for
developing, coordinating, and promoting erosion and sediment reduction
and stormwater management programs in the State.
(2) The commission must develop general guidelines for reducing
erosion and sedimentation and improving stormwater management for
use by conservation districts, local government, landowners, and land
users of the State. The commission must publicize and promote these
guidelines through information and education programs.
(3) The commission must conduct surveys, investigations, and
assessments of erosion, sediment, and stormwater management
problems.
(4) The commission must make available existing technical assistance
upon request to local governments, conservation districts, landowners,
and land users.
(5) The commission must promulgate regulations for erosion and
sediment reduction and stormwater management only on land either
owned by the State, a state agency, or quasi-state agency or land under
the management or control of such an entity through right-of-way
easements or other agreements between such entities and private
landowners, and must develop regulations for this purpose pursuant to
Section 48-18-70. The regulations shall apply to privately-owned lands
only where they are under the management or control of the State, a state
agency, school district, or quasi-state agency through right-of-way easements or other agreements.
Section 48-18-50. (1)(A) A state Advisory Council on
Erosion and Sediment Reduction (State Advisory Council), which may
include, but not be limited to, a representative of each of the following,
must be appointed by the Governor upon the advice of the following
agencies and organizations:
South Carolina Association of Counties
South Carolina Municipal Association
South Carolina Association of Conservation Districts
South Carolina Home Builders Association
Associated General Contractors, Inc.
South Carolina Association of Realtors
South Carolina Chapter, American Society of Landscape Architects
South Carolina Chapter, American Society of Civil Engineers
Council of Governments Executive Director's Committee
South Carolina Farm Bureau
South Carolina State Grange
Office of the Governor
USDA-Soil Conservation Service
Clemson University
South Carolina Water Resources Commission
South Carolina Department of Health and Environmental Control
South Carolina Forestry Commission
South Carolina Forestry Association
South Carolina Chapter, American Institute of Architects
South Carolina Coastal Council
Trout Unlimited
Sierra Club
South Carolina Wildlife Federation
South Carolina Audubon Society
(2)(B) The term of office of the members of the
State Advisory Council is coterminous with that of the Governor. A
vacancy occurring on the council by death, resignation, or otherwise
must be filled by an appointment by the Governor upon the advice of the
agency or organization whose representative created the vacancy.
(C) The Governor shall appoint a chairman of the State Advisory
Council from its members.
(D) The commission must provide staff support to the
State Advisory Council.
(3)(E) Duties of the State Advisory Council include,
but are not limited to the following:
(a)(1) study the erosion and sediment reduction
and stormwater management programs of other states and evaluate their
applicability to South Carolina.;
(b)(2) evaluate erosion, sedimentation, and
stormwater conditions in the State.;
(c)(3) recommend improvements and changes
to meet the needs for erosion and sediment reduction and stormwater
management in the State.;
(d)(4) assist the commission with educational
programs including, but not limited to, seminars, conferences,
workshops, media productions, and written publication.;
(e)(5) compile information pertaining to
sedimentation of water bodies in the State.;
(f)(6) evaluate and recommend conservation
programs and technology for reducing erosion and sedimentation and
improving stormwater management.;
(g)(7) evaluate the need for additional legislation
or regulations for erosion and sediment reduction and
stormwater management.;
(h)(8) recommend appropriate recognition
programs for landowners and land users implementing outstanding
erosion and sediment reduction and stormwater management
programs.;
(i)(9) provide information to the commission as
needed.
Section 48-18-60. (1)(A) The Conservation Districts
shall may:
(a)(1) assist in the development and promotion of
erosion and sediment reduction and stormwater management programs
as considered necessary by the conservation district
boards.;
(b)(2) provide leadership in the promotion of
erosion and sediment reduction and stormwater management within their
boundaries.;
(c)(3) coordinate and seek assistance of
governmental agencies, organizations, landowners, and land users for
erosion and sediment reduction and stormwater
management.;
(d)(4) conduct demonstrations on erosion and
sediment reduction and stormwater management utilizing proven
conservation technology.;
(e)(5) assist in the preparation of conservation
plans for erosion and sediment reduction as requested by landowners
and land users.;
(f)(6) provide available technical assistance for
erosion and sediment reduction and stormwater management planning
upon request by landowners and land users.;
(g)(7) perform other duties as defined in the
Conservation Districts Law (Chapter 9 of Title 48).
(2)(B) Each conservation district must
may appoint an Advisory Council on Erosion and Sediment
Reduction (Local Advisory Council) which may include, but not be
limited to a:
(a) (1) A local
homebuilder.;
(b) (2) A local
contractor.;
(c) (3) A local realtor.;
(d) (4) A municipal
councilman.;
(e) (5) A county planning agency
representative.;
(f) (6) A county
councilman.;
(g) (7) A conservation district
commissioner.;
(h) (8) A county farm bureau
representative.;
(i) (9) A county grange
representative.;
(j)(10) A USDA-Soil Conservation
Service representative.;
(k)(11) A county extension service
representative.;
(l)(12) A State Forestry Commission
representative.;
(m)(13) A local civil
engineer.;
(n)(14) A local architect.;
(o)(15) A local landscape architect.
(3)(C) Duties of the Local Advisory Council
include, but are not limited to, the following:
(a)(1) study the erosion and sediment reduction
and stormwater management programs of other districts and evaluate
their applicability to its respective district.;
(b)(2) evaluate erosion, sedimentation, and
stormwater conditions in the district.;
(c)(3) recommend improvements and changes to
meet the needs for erosion and sediment reduction and stormwater
management in the district.;
(d)(4) assist the district with educational programs,
including, but not limited to, seminars, conferences, workshops,
media productions, and written publications.;
(e)(5) compile information pertaining to
sedimentation of water bodies in the district.;
(f)(6) evaluate and recommend conservation
programs and technology for reducing erosion and sedimentation and
improving stormwater management.;
(g)(7) evaluate the need for additional programs
for erosion and sediment reduction and stormwater
management.;
(h)(8) recommend appropriate recognition
programs for landowners and land users implementing outstanding
erosion and sediment reduction and stormwater management
programs.;
(i)(9) provide information to the district as needed.
Section 48-18-70. (1)(A) The commission
shall must promulgate regulations for erosion and
sediment reduction and stormwater management only on land either
owned by this State, a state agency, school district, or quasi-state agency or land under the management or control of these entities
through right-of-way easements or other agreements between these
entities and private landowners, except that the regulations may not
apply to forest land owned or managed by the South Carolina Forestry
Commission. The regulations apply to privately-owned lands only where
they are under the management or control of this State, a state agency,
school district, or quasi-state agency through right-of-way
easements or other agreements. The regulations must include, but not be
limited to, technical standards, specifications, and guidelines for erosion
and sediment reduction and stormwater management, and requirements
for the implementation of the standards and specifications. The
commission shall develop and propose for approval the regulations
provided for in this subsection in consultation with the State Engineer,
Division of General Services, and other state agencies as applicable.
The State Engineer shall ensure that the regulations are followed on all
land and land disturbing activities under his jurisdiction.
(2)(B) The commission or its designated
representative may inspect land owned by this State, a state agency,
school district, or quasi-state agency or land under the
management or control of these entities through right-of-way easements
or other agreements between these entities and private landowners to
determine existing erosion and sedimentation and stormwater
management problems and to ensure the implementation of the
provisions of the regulations provided for in subsection
(1)(A) of this section.
(3)(C) A state agency found by the commission to
be in noncompliance with the erosion and sediment reduction and
stormwater management standards provided for in subsection
(1)(A) of this section shall take the necessary steps
indicated by the standards and specifications provided for in subsection
(1)(A) of this section to correct the problems.
(4)(D) The South Carolina Land Resources
Commission in consultation with the South Carolina Department of
Highways and Public Transportation and the South Carolina
Department of Health and Environmental Control shall promulgate
regulations for erosion and sediment reduction and stormwater
management on land and land disturbing activities under the jurisdiction
of the department.
(5)(E) The South Carolina Forestry Commission
shall develop a plan, in consultation with the Land Resources
Commission, for erosion and sediment reduction and stormwater
management on forest land owned or managed by the Forestry
Commission, and shall implement the plan.
Section 48-18-80. Each conservation district must submit to the
Commission an annual evaluation report with input from the Local
Advisory Council on the progress in erosion and sediment reduction and
stormwater management in the district. The Commission shall submit a
comprehensive report to the Governor and the General Assembly every
five years."
SECTION 2. The regulations required by Chapter 18 of Title 48 of the
1976 Code, as amended by this act, must be promulgated within one
year of the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor.
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