Current Status Introducing Body:House Bill Number:3342 Primary Sponsor:Wright Committee Number:20 Type of Legislation:GB Subject:Stormwater Management and Sediment Reduction Act Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Date Tabled:Feb 04, 1992 Computer Document Number:CYY/18025.SD Introduced Date:Jan 29, 1991 Last History Body:House Last History Date:Feb 04, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Wright J.C. Johnson McAbee Littlejohn Corning McCraw Shirley Snow Chamblee Sturkie Huff M.O. Alexander G. Brown Derrick Quinn Wilkes Vaughn Barber Mattos Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3342 House Feb 04, 1992 Tabled in Committee 20
3342 House Jan 29, 1991 Introduced, read first time, 20
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE, RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds:
(1) that the lands and waters of this State are great natural assets and resources;
(2) that the management of stormwater runoff and sediment is necessary to reduce pollution, siltation, sedimentation, local flooding, and stream channel erosion, all of which impact adversely on the land and water resources and the health, safety, and welfare of the people of this State.
(B) By enacting the Stormwater Management and Sediment Reduction Act, the General Assembly intends to reduce the adverse effects of stormwater runoff and sediment and to safeguard property and the public welfare by strengthening and making uniform the existing stormwater management and sediment control program.
SECTION 2. Title 48 of the 1976 Code is amended by adding:
Section 48-14-10. This chapter may be cited as the `Stormwater Management and Sediment Reduction Act.'
Section 48-14-20. As used in this chapter:
(1) `Commission' means the South Carolina Land Resources Conservation Commission.
(2) `District' means any soil and water conservation district created pursuant to Chapter 9 of this title.
(3) `Local government' mean any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter.
(4) `Implementing agency' means the commission, local government, conservation district, or other entity with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, and conducting inspections and enforcement actions in a specified jurisdiction.
(5) `Responsible personnel' means any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities.
(6) `Designated Watershed' means a watershed designated by the commission, local government or others and approved by the commission which has existing water quantity or water quality problems or has the potential for problems caused by stormwater runoff, flooding, or nonpoint source pollution. Regulatory requirements for water quality or quantity protection must be developed and implemented on a watershed basis and must be specified in an overall watershed master plan.
(7) `Erosion' means the wearing away of land surface by the action of wind, water, gravity, or any combination of those forces.
(8) `Land disturbing activity' means any land change or construction activity for residential, commercial, industrial, or institutional land use which may result in soil erosion or movement of sediment or pollutants into waters or onto lands in the State, or which may result in accelerated stormwater runoff, including but not limited to, clearing, grading, excavating, transporting, and filling of land.
(9) `Person' means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, electric supplier, municipality, or other political subdivision of this State, interstate body, the federal government, or other legal entity.
(10) `Sediment' means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, or gravity from its site of origin.
(11) `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.
(12) `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.
(13) `Stormwater runoff' means direct response of a watershed to rainfall and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during rainfall.
(14) `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.
(15) `Watershed approach' means a master plan for a designated watershed that has been developed based on planning and design techniques to analyze the impacts of existing land uses and future land use changes on the entire watershed, regardless of political boundaries.
Section 48-14-30. (A) After July 1, 1992, unless exempted, no person may engage in a land disturbing activity without first submitting a stormwater management and sediment control plan to the appropriate implementing agency and obtaining a permit to proceed.
(B) Each land developer shall certify, on the stormwater management and sediment control plan submitted, that all land disturbing activities will be done according to the approved plan.
(C) All approved land disturbing activities must have associated therein at least one individual who functions as responsible personnel.
Section 48-14-40. (A) The provisions of this chapter do not apply to land disturbing activity 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 and dairy products; fur animals and aquaculture, except that the construction of agricultural structures which require the disturbance of one or more acres of land, 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.
(B) Land disturbing activities undertaken on forest land for the production and harvesting of timber and timber products.
(C) Activities undertaken by persons who are otherwise regulated by the provisions of Chapter 19 of this title, the South Carolina Mining Act.
(D) Construction or improvement of single family residences or their accessory buildings which are not part of a residential subdivision, but the initial development of residential subdivisions is not exempt from the provisions of this chapter. All construction work, including roads, sewers, and lot grading, done to establish a residential subdivision for the construction of single family residences on individual lots must comply with the provisions of this chapter.
(E) Land disturbing activities that are conducted under another state or federal environmental permitting or licensing program where the commission has the opportunity of reviewing the permit application and providing comments and recommendations to the permitting agency to ensure that stormwater management and sediment control measures are adequate.
Section 48-14-50. (A) The commission shall develop a State Stormwater Management and Sediment Reduction Program. This program shall take into consideration both quantity and quality of water.
(B) In carrying out this chapter, the commission shall:
(1) provide technical and other assistance to local governments and others in implementing this chapter;
(2) develop and publish, as regulations, minimum standards, guidelines and criteria for delegation of sediment and stormwater program components to local governments and others, and model stormwater management and sediment control ordinances for use by local governments;
(3) review the implementation of all components of the statewide stormwater management and sediment control program that have been delegated to local governments or others at least once every three years;
( 4) require that appropriate stormwater management and sediment control provisions be included in all stormwater management and sediment control plans developed pursuant to this chapter;
( 5) cooperate with appropriate agencies of the United States, other states or any interstate agency with respect to stormwater management and sediment control;
( 6) conduct studies and research regarding the causes, effects, and hazards of stormwater and sediment and methods to control stormwater runoff and sediment;
( 7) conduct and supervise educational programs with respect to stormwater management and sediment control;
( 8) require the submission to the commission of records and periodic reports by implementing agencies as may be necessary to carry out this chapter;
( 9) review and approve designated watersheds for the purpose of this chapter;
(10) establish a means of communications, such as a newsletter, so that information regarding program development and implementation can be distributed to interested individuals; and
(11) assist conservation districts involved in the local stormwater management and sediment control program.
(C) The commission shall promulgate necessary regulations with input from the South Carolina Erosion and Sediment Reduction Advisory Council appointed by the Governor, which includes representatives of the regulated community and others affected by this chapter. The regulations must include, but are not limited to:
(1) criteria for the delegation of program elements and review of delegated program elements;
(2) appeal procedures for local governments requesting delegation of program elements;
(3) types of activities that require a stormwater management and sediment control permit;
(4) waivers, exemptions, variances, and appeals;
(5) stormwater management and sediment control plan application or inspection fees;
(6) criteria for distribution of funds collected by sediment and stormwater plan approval fees;
(7) criteria for implementation of a stormwater management utility;
(8) specific design criteria and minimum standards and specifications;
(9) permit application and approval requirements;
(10) specific enforcement options;
(11) criteria for approval of designated watersheds;
(12) criteria regarding correction of off-site damages resulting from the land disturbing activity;
(13) construction inspections; and
(14) maintenance requirements for sediment control during construction and stormwater management structures after construction is completed.
(D) The commission may adopt, amend, modify, or repeal these regulations in accordance with the provisions of the Administrative Procedures Act.
Section 48-14-60. (A) The commission may delegate one or more components of stormwater management and sediment control programs to a local government, conservation district, or other entity pursuant to regulations promulgated by the commission.
(B) Requests for delegation of program elements must be submitted within six months of the promulgation of the applicable state regulation, and by January first of subsequent years if delegation is desired at a future date. The commission shall grant or deny such a request on or before April first of the year for which delegation is sought.
(C) Delegation, once applied for, becomes effective on July first and may not exceed three years, at which time delegation renewal is required.
(D) A local government may develop the program in cooperation with conservation districts or other governmental subdivisions.
(E) In the event a local government does not adopt and request approval of a stormwater management and sediment control program within its jurisdiction, the local conservation district may adopt a program and submit it to the commission for approval.
(F) The commission has jurisdiction, to the exclusion of local governments and other entities, for the purpose of adopting the components of a sediment control and stormwater management program for land disturbing activities that are:
(1) regulated under the Erosion and Sediment Reduction Act;
(2) conducted by the United States;
(3) conducted by persons having the power of eminent domain for land disturbing activities which cross jurisdictional boundaries;
(4) conducted by local governments.
Section 48-14-70. (A) Any local government that has adopted a stormwater management or sediment control program before the effective date of this chapter may request approval of one or more components of its existing program within its jurisdiction. This request must be submitted within six months of the promulgation of the applicable state regulation. The review of these existing programs must be given priority by the commission. The local government may continue to administer its existing programs during the review process by the commission. The review must include consideration of the efficiency and effectiveness of the existing program in meeting the intent of this chapter.
(B) If a local government's request for approval of one or more components of an existing stormwater management or sediment control is not approved by the commission, the local government may appeal the commission's action following the procedures detailed in the regulations promulgated pursuant to this chapter.
Section 48-14-80. One year after the passage a federal agency may not undertake any land clearing, soil management, or construction activity unless the agency has submitted a stormwater management and sediment control plan to the commission and received its approval. The only variation to this requirement is when delegation of the plan approval process has been granted by the commission to a federal agency.
Section 48-14-90. (A) With respect to approved stormwater management and sediment control plans, the implementing agency shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of right of entry must be included in the stormwater management and sediment control plan certification. The agency responsible for inspection and enforcement, in addition to local enforcement options, may refer a violation to the commission for additional action.
(B) Referral of a violation to the commission may initiate an inspection to verify site conditions. That inspection may result in the following actions:
(1) notification through appropriate means to the person financially responsible for the land disturbing activity to comply with the approved plan within a specified time.
(2) notification of plan inadequacy, with a schedule for the person financially responsible for the disturbing activity to submit a revised sediment and stormwater plan to the appropriate implementing agency and to receive its approval with respect thereto.
(C) Failure of the person financially responsible for the land disturbing activity to comply with commission requirements may result in the following actions in addition to other penalties as provided in this chapter.
(1) The commission may request that the appropriate implementing agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.
(2) The commission may recommend fines to be levied by the implementing agency.
Section 48-14-100. (A) All disturbed areas which exist on the effective date of this chapter as a result of land disturbing activity and which result in offsite damage from sediment and stormwater runoff, must be provided with ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion, control offsite sediment, and reduce stormwater runoff damage.
(B) The implementing agency shall serve a notice to comply upon the landowner or other person in possession or control of the land by certified mail, return receipt requested. The notice must state the measures needed and the time allowed for compliance. The implementing agency shall consider the economic feasibility, technological expertise, and quality of work required, and shall establish reasonable time limits.
Section 48-14-110. The commission, in conjunction with districts and other appropriate state and federal agencies, shall conduct educational programs in stormwater management and sediment control for state and local government officials, persons engaged in land disturbing activities, interested citizen groups, and others.
Section 48-14-120. (A) The implementing agencies are authorized to receive from federal, state, or other public or private sources financial, technical, or other assistance for use in accomplishing the purposes of this chapter. The commission may allocate, as necessary or desirable, any funds received to implementing agencies for the purpose of effectuating this chapter.
(B) The implementing agency has authority to adopt a fee system to help fund program administration. A fee system may be adopted by the implementing agency to help to fund overall program management, plan review, construction review, enforcement actions, and maintenance responsibilities. In those situations where the commission becomes the implementing agency, the commission may assess a plan review and inspection fee. Fees must be based upon the costs to the implementing agency to implement and administer the program. The implementing agency is granted authority to expend the funds it collects from the fee system to administer the provisions of this act. There may be no duplication of fees by the various implementing agencies for an individual land disturbing activity.
(C) Authority is granted to the commission, local governments, or others to establish a stormwater utility. The stormwater utility may fund such activities as long range watershed master planning, watershed retrofitting, and facility maintenance. This funding shall occur through the establishment of a fee system that must be reasonable and equitable so that each contributor of runoff to the system, including state agencies, shall pay to the extent to which runoff is contributed. Criteria for the implementation of the stormwater utility must be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the adoption of a local utility ordinance prior to its implementation.
Section 48-14-130. (A) Designated watersheds have the regulatory requirements for land disturbing activities within the watershed clearly specified through a watershed approach to nonpoint source pollution control, stormwater management, and flood control. The watershed approach results in a specific master plan for the watershed, developed or approved by the commission, that contains the following information:
(1) stormwater quantity or quality problem identification;
(2) the overall condition and needs of the watershed, not just the additional impacts of new development activities;
(3) alternative approaches to address the existing and future problems;
(4) a defined approach which includes the overall costs and benefits;
(5) a schedule for implementation;
(6) funding sources and amounts; and
(7) a public hearing process prior to commission approval.
(B) Upon approval of the designated watershed plan, all projects undertaken in that watershed must have stormwater requirements placed upon them that are consistent with the designated watershed plan.
Section 48-14-140. (A) Any person who violates any provision of this chapter or any ordinance or regulation promulgated, enacted, adopted, or issued pursuant to this chapter by the commission or other implementing agency, or who initiates or continues a land disturbing activity for which a stormwater management and sediment control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty of not more than one thousand dollars. No penalty may be assessed until the person alleged to be in violation has been notified of the violation. Each day of a violation constitutes a separate violation.
(B) The commission shall determine the amount of the civil penalty to be assessed under this section for violations under its jurisdiction or that of any other implementing agency of any local government having jurisdiction. It shall make written demand for payment upon the person responsible for the violation and set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty days after demand for payment is made, the commission shall refer the matter to the attorney general for the institution of a civil action in the name of the State in the circuit court in the county in which the violation is alleged to have occurred to recover the amount of the penalty. Local governments shall refer the matters to their respective attorneys for the institution of a civil action in the name of the local government in the circuit court in the county in which the violation is alleged to have occurred for recovery of the penalty. Any sums recovered must be used by the body bringing the action to implement this chapter.
Section 48-14-150. (A) When the implementing agency has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this chapter, it may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action for injunctive relief to restrain the violation or threatened violation. The action must be brought in the circuit court of the county in which the violation or threatened violation is occurring or about to occur, and must be brought in the name of the State by the commission.
(B) Upon determination by the court that an alleged violation is occurring or is threatened, it shall enter the order necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under subsection (A) of this section does not relieve any party to the proceeding from any civil penalty prescribed for violations of this chapter.
Section 48-14-160. Nothing contained in this chapter and no action or failure to act under this chapter may be construed:
(1) to impose any liability on the State, commission, districts, local governments, or other agencies, officers, or employees thereof for the recovery of damages caused by such action or failure to act; or
(2) to relieve the person engaged in the land disturbing activity of the duties, obligations, responsibilities, or liabilities arising from or incident to the operations associated with the land disturbing activity."
SECTION 3. Chapter 13, Title 48 of the 1976 Code is repealed.
SECTION 4. The South Carolina Land Resources Commission shall promulgate those regulations necessary to implement Chapter 14, Title 48 of the 1976 Code added by this act.
SECTION 5. Section 4 of this act takes effect upon approval by the Governor. The remaining sections of this act take effect one year after the approval of this act by the Governor.