S*376 Session 109 (1991-1992)
S*0376(Rat #0100, Act #0051 of 1991) General Bill, By Wilson and M.T. Rose
A Bill 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 penalties for violations; to amend Section 48-18-70,
relating to erosion and sediment reduction and stormwater management
regulations promulgated by the South Carolina Land Resources Conservation
Commission, so as to provide that the Commission, in consultation with the
Department of Highways and Public Transportation and the 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 of Highways and Public
Transportation; 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.-amended title
12/10/90 Senate Prefiled
12/10/90 Senate Referred to Committee on Agriculture and Natural
Resources
01/08/91 Senate Introduced and read first time SJ-126
01/08/91 Senate Referred to Committee on Agriculture and Natural
Resources SJ-126
04/02/91 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-10
04/03/91 Senate Read second time SJ-17
04/04/91 Senate Read third time and sent to House SJ-24
04/09/91 Senate Reconsidered SJ-2
04/09/91 Senate Amended SJ-2
04/09/91 Senate Read third time and sent to House SJ-14
04/10/91 House Introduced and read first time HJ-15
04/10/91 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-15
04/24/91 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-4
05/02/91 House Amended HJ-37
05/02/91 House Read second time HJ-41
05/02/91 House Unanimous consent for third reading on next
legislative day HJ-41
05/03/91 House Read third time and returned to Senate with
amendments HJ-3
05/07/91 Senate Concurred in House amendment and enrolled SJ-6
05/21/91 Ratified R 100
05/27/91 Signed By Governor
05/27/91 Act No. 51
05/27/91 See act for exception to or explanation of
effective date
06/19/91 Copies available
(A51, R100, S376)
AN ACT 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
PENALTIES FOR VIOLATIONS; TO AMEND SECTION 48-18-70,
RELATING TO EROSION AND SEDIMENT REDUCTION AND
STORMWATER MANAGEMENT REGULATIONS PROMULGATED
BY THE SOUTH CAROLINA LAND RESOURCES CONSERVATION
COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION, IN
CONSULTATION WITH THE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION AND THE 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 OF HIGHWAYS AND PUBLIC TRANSPORTATION;
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:
Findings
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;
(3) that the management of stormwater runoff and sediment is
necessary to protect fish and wildlife resources 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.
Stormwater Management and Sediment Reduction Act enacted
SECTION 2. Title 48 of the 1976 Code is amended by adding:
"CHAPTER 14
The Stormwater Management and
Sediment Reduction Act
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' means 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,
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, 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 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.
(7) `Erosion' means the wearing away of land surface by the action of
wind, water, gravity, ice, or any combination of those forces.
(8) `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.
(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, 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, ice, 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
precipitation and includes the surface and subsurface runoff that enters a
ditch, stream, storm sewer, or other concentrated flow during and following
the precipitation.
(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 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.
(16) `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;
(17) `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 benefited
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.
(18) `Nonpoint source pollution' means pollution contained in
stormwater runoff from ill-defined diffuse sources.
(19) `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.
Section 48-14-30. (A) 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 person responsible for the land disturbing activity 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. The provisions of this chapter do not apply to the
following land disturbing activities: (A) 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 and dairy products; 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.
(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 20 of this title, the South Carolina Mining Act.
(D) 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.
(E) Land disturbing activities, other than activities identified in subsection
(F) of this section, 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.
(F) 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.:
(1) land disturbing activities conducted pursuant to a certificate of
environmental compatibility and public convenience and necessity issued
pursuant to Title 58, Chapter 33 or land disturbing activities conducted
pursuant to any other certification or authorization issued by the Public
Service Commission;
(2) 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;
(3) 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;
(4) land disturbing activities associated with routine maintenance and/or
repair of electric, gas, or communications lines;
(5) land disturbing activities associated with the placement of poles for
overhead distribution or transmission of electric energy or of
communications services;
(6) land disturbing activities associated with placement of underground
lines for distribution or transmission of electric energy or of gas or
communications services; or
(7) 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 subparagraph (7), who
undertakes land disturbing activities described in subparagraphs (4), (5),
and (6) of this subsection 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 subparagraph (7), who conducts land disturbing activities
described in subparagraph (2) of this subsection, 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 subparagraph (7), 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 this act.
Any person who undertakes land disturbing activities described in
subparagraph (7) 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.
(G) 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.
(H) 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.
(I) Activities undertaken by local governments or special purpose or
public service districts relating to the repair and maintenance of existing
facilities and structures.
Section 48-14-50. (A) The commission shall develop a State Stormwater
Management and Sediment Reduction Program.
(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) require that appropriate stormwater management and sediment
control provisions be included in all stormwater management and sediment
control plans developed pursuant to this chapter;
(3) cooperate with appropriate agencies of this State, the United States,
other states, or any interstate agency with respect to stormwater
management and sediment control;
(4) conduct studies and research regarding the causes, effects, and
hazards of stormwater and sediment and methods to control stormwater
runoff and sediment;
(5) conduct and supervise educational programs with respect to
stormwater management and sediment control;
(6) require the submission to the commission of records and periodic
reports by implementing agencies as may be necessary to carry out this
chapter;
(7) establish a means of communications, such as a newsletter, so that
information regarding program development and implementation can be
distributed to interested individuals;
(8) assist conservation districts and local governments involved in the
local stormwater management and sediment control program; and
(9) develop a schedule for implementing this chapter in the counties and
municipalities of this State.
(C) The commission shall promulgate regulations, minimum standards,
guidelines, and criteria necessary to carry out the provisions of this act with
input from the South Carolina Erosion and Sediment Reduction Advisory
Council, appointed by the Governor, in consultation with the South
Carolina Department of Health and Environmental Control, the South
Carolina Water Resources Commission, the South Carolina Association of
Counties, the South Carolina Coastal Council, the South Carolina
Association of Special Purpose Districts, and the South Carolina Municipal
Association, and a task force of technical experts appointed by the
commission. The regulations must include, but are not limited to:
(1) criteria for the delegation of program elements and review and
revocation 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 and inspection 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;
(14) maintenance requirements for sediment control during construction
and stormwater management structures after construction is completed;
(15) procedures to accept and respond to citizen complaints on
delegated program components and individual site problems; and
(16) a schedule for implementing this chapter considering such factors
as demographics, growth and development, and state and local
resources.
(D) These regulations promulgated for carrying out the stormwater
management and sediment control program must:
(1) be based upon relevant physical and developmental information
concerning the watershed and drainage basins of the State, including but
not limited to, data relating to land use, soils, hydrology, geology, grading,
ground cover, size of land area being disturbed; and
(2) contain conservation standards for various types of soils and land
uses, which standards must include criteria and alternative techniques and
methods for the control of erosion, sediment, and stormwater runoff
resulting from land disturbing activities.
(E) The commission may 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 any or all
components of stormwater management and sediment control programs to a
local government or conservation district 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 approve, approve with modification, 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.
(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 in
conjunction with subdivision regulations, if applicable, and submit it to the
commission for approval.
(F) The commission has jurisdiction, to the exclusion of other
implementing agencies, for the purpose of adopting the components of a
sediment control and stormwater management program for land disturbing
activities that are:
(1) conducted by the United States;
(2) conducted by persons having the power of eminent domain
for land disturbing activities which cross jurisdictional boundaries;
(3) conducted by local governments.
Section 48-14-70. (A) Any local government that has adopted a
stormwater management and/or sediment control program before the
effective date of this chapter may request approval of any or all
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 and approval, approval with modification, or
disapproval of these existing programs must be given priority by the
commission. The local government shall 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) The commission shall approve a program upon determining that its
standards equal or exceed those of this chapter. The commission shall only
modify the portions of a program which do not meet the minimum
standards of this chapter.
(C) 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 effective date of this act, a federal
agency may not undertake any regulated 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 program elements are delegated by the commission to
a federal agency.
Section 48-14-85. After the effective date of this chapter, a local
government or special purpose or public service district may not undertake
any regulated activity unless the local government or special purpose or
public service district has submitted a request for a general permit to the
commission and received its approval.
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 implementing agency may request assistance from the
commission.
(B) The request for assistance from the commission may initiate an
inspection to verify site conditions. That inspection may result in the
following actions:
(1) notification by the implementing agency to the person responsible
for the land disturbing activity to comply with the approved plan within a
specified time;
(2) notification by the implementing agency that the required measures
are not functioning in an effective manner with a schedule for the person
responsible for the disturbing activity to maintain the required measures or
install additional measures which will be effective in controlling
stormwater runoff and off-site sediment movement.
(C) Failure of the person 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 issue a stop work order until the violations have been
remedied.
(2) 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.
(3) The commission may recommend fines to be levied by the
implementing agency.
Section 48-14-95. (A) The implementing agency shall have the right of
entry for the purpose of determining if a land disturbing activity is being
conducted without an approved stormwater management and sediment
control plan, conducting inspections and taking enforcement actions.
(B) Upon inspection, if the implementing agency determines that a land
disturbing activity is taking place without an approved stormwater
management and sediment control plan, the implementing agency shall post
a stop work order at the site of the land disturbing activity and shall notify
the person responsible for the land disturbing activity of the requirements
to submit a stormwater management and sediment control plan to the
implementing agency and receive approval prior to resuming the land
disturbing activity and the requirement to correct all violations.
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
off-site damage from sediment and stormwater runoff, must be provided
with ground cover or other protective measures, structures, or devices
sufficient to control offsite sediment and nonpoint source pollution.
(B) The implementing agency shall serve a notice to comply upon the
landowner or other person in possession or control of the land by
depositing in the mail a certified letter. 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 local
governments and 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.
(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. The commission shall not
assess a local government a plan review and inspection fee.
(C) Authority is granted to local governments to establish a stormwater
utility. The stormwater utility may fund such activities as watershed master
planning, facility retrofitting, and facility maintenance. This funding shall
occur through the establishment of a fee system or tax assessment that must
be reasonable and equitable. 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) In addition to the other regulatory requirements in
this act, designated watersheds shall have the regulatory requirements for
land disturbing activities within the watershed clearly specified through a
watershed master plan which includes nonpoint source pollution control,
stormwater management, and flood control components. The watershed
master plan for the designated watershed must contain 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 involvement process which includes the establishment of a
local watershed advisory committee and public hearing prior to approval by
the commission, the South Carolina Water Resources Commission, and the
Department of Health and Environmental Control.
(B) Upon approval of the watershed master plan, all projects undertaken
in the designated watershed must have stormwater management and
nonpoint source pollution control requirements placed upon them that are
consistent with the designated watershed master 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 implementing agency shall determine the amount of the civil
penalty to be assessed under this section for violations under its
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, a
civil action may be filed in the circuit court in the county in which the
violation is alleged to have occurred to recover the amount of the penalty.
If the implementing agency is the commission, the action must be brought
in the name of the State. Local governments shall refer the matters under
their jurisdiction 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.
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.
(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."
Repeal
SECTION 3. Chapter 13, Title 48 of the 1976 Code is repealed.
Regulations
SECTION 3A. Section 48-18-70 of the 1976 Code is amended to
read:
"Section 48-18-70. (1) The commission shall promulgate
regulations for erosion and sediment reduction and stormwater management
only on land either owned by this State, a state agency, 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, 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 insure that the regulations are
followed on all land and land disturbing activities under his jurisdiction.
(2) The commission or its designated representative may inspect land
owned by this State, a state agency, 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 insure the implementation of the provisions of the
regulations provided for in subsection (1) of this section.
(3) 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) of this section shall take the
necessary steps indicated by the standards and specifications provided for
in subsection (1) of this section to correct the problems.
(4) 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) 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."
Regulations
SECTION 4. The South Carolina Land Resources Commission shall
promulgate regulations necessary to implement Chapter 14, Title 48 of the
1976 Code added by this act.
Time effective
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.
Approved the 27th day of May, 1991. |