H*3730 Session 103 (1979-1980)
H*3730(Rat #0526, Act #0447 of 1980) General Bill, By T.M. Marchant,
C.D. Chamblee and D.F. McInnis
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 3
to Chapter 11 of Title 49 so as to provide for dams and reservoirs safety and
to repeal Act 60 of 1977, relating to dams and reservoirs safety.
04/01/80 House Introduced and read first time HJ-1785
04/01/80 House Referred to Committee on Agriculture and Natural
Resources HJ-1785
04/24/80 House Committee report: Favorable Agriculture and
Natural Resources HJ-2032
04/29/80 House Read second time HJ-2388
04/30/80 House Read third time and sent to Senate HJ-2429
04/30/80 Senate Introduced and read first time SJ-35
04/30/80 Senate Referred to Committee on Agriculture and Natural
Resources SJ-35
05/08/80 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-5
05/13/80 Senate Amended SJ-20
05/13/80 Senate Read second time SJ-20
05/21/80 Senate AMENDMENT RECONSIDERED SJ-24
05/21/80 Senate AMENDMENT TABLED SJ-24
05/21/80 Senate Read third time and enrolled SJ-24
05/21/80 Senate Reconsidered SJ-24
05/22/80 Senate Read third time and enrolled SJ-11
05/29/80 House Ratified R 526 HJ-3390
06/04/80 Signed By Governor
06/04/80 Effective date 06/04/80
06/04/80 Act No. 447
06/17/80 Copies available
(A447, R526, H3730)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3
TO CHAPTER 11 OF TITLE 49 SO AS TO PROVIDE FOR DAMS AND RESERVOIRS SAFETY AND
TO REPEAL ACT 60 OF 1977, RELATING TO DAMS AND RESERVOIRS SAFETY.
Be it enacted by the General Assembly of the State of South Carolina:
Dams and Reservoirs Safety Act
Section 1. The Code of Laws of South Carolina, 1976, is amended by adding
Article 3 to Chapter 11 of Title 49 to read:
"Article 3
Section 49-11-110. This article shall be cited as the 'Dams and Reservoirs
Safety Act.'
Section 49-11-120. Unless the context otherwise requires, the following
definitions shall be used in this article.
(1) 'Alterations' and 'repairs' mean only such alterations or repairs which
may affect the safety of a dam or reservoir.
(2) '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.
(3) 'Commission' means the Land Resources Conservation Commission, its staff
or agents.
(4) '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 wakr or other fluids where failure may cause
danger to life or property, except this shall not include:
(a) Any dam which is or shall be less than twenty-five feet in height from
the natural bed of the stream or watercourse 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 watercourse, to the maximum
water storage elevation or has or shall have an impounding capacity at maximum
water storage elevation of less than fifty-acre feet unless a situation exists
where the hazard potential as determined by the Commission is such that dam
failure or improper reservoir operation may cause loss of human life.
(b) Any dam owned or operated by any department or agency of the federal
government.
(c) Any dam owned or licensed by the Federal Energy Regulatory Commission
or the South Carolina Public Service Authority.
(d) Any dam upon which the South Carolina Department of Highways and
Public 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) 'Districts' mean any of the soil and water conservation districts of
this State. For the purposes of this article the districts may serve as
agents and advisors to the Commission.
(6) 'Danger to life or property' means a situation exists where the hazard
potential as determined by the Commission is such that dam failure or improper
reservoir operation may cause injury to persons, loss of human life or damage
to property.
(7) '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 analyses, concrete or earth stability
analyses, materials testing, foundation explorations, hydrologic analyses,
including basin studies and flood potential. This inspection shall be
performed by a qualified registered professional engineer.
(8) 'Enlargement' means any change in or addition to an existing dam or
reservoir which raises or may raise the water storage elevation of the water
impounded by the dam or reservoir.
(9) 'Owner' means those who own, control, operate, maintain, manage or
propose to construct a dam or reservoir.
(10) 'Removal' means destruction or breaching of an existing dam or drainage
of water impoundment or reservoir.
(11) 'Reservoir' means any reservoir which contains or shall contain the
impoundment of water by a dam or reservoir.
(12) 'Order' means a written document prepared and issued by th!e Commission
which mandates specific actions to be accomplished by a dam owner within a
specified time frame. Failure to comply shall make the owner subject to
penalties outlined in Section 49-11-260.
(13) 'Unsafe' means the condition of a dam is such that repairs or
alterations are necessary to reduce the risk of dam failure.
Section 49-11-130. It is the purpose of this article to provide for the
certification and inspection of certain dams in South Carolina in tlle
interest of public health, safety and welfare in order to reduce the risk of
failure of such dams; to prevent injuries to persons or damage to property;
and to confer upon the Land Resources Conservation Commission the regulatory
authority to accomplish such purposes.
Section 49-11-140. The authority for the safe maintenance of the dams and
reservoirs of this State and the powers of inspection and certification as
provided for in this article shall be the responsibility of the Commission.
The Commission may employ such engineers and technicians as it deems necessary
to implement this article for which appropriations are available.
Section 49-11-150. The owners of any dam or reservoir heretofore or
thereafter constructed in this State are solely responsible for maintaining
such dam or reservoir in a safe condition throughout the life of the
structure.
Section 49-11-160. If in the judgment of the Commission a dam or reservoir
is or has become unsafe and is dangerous to life or property, the Commission
shall issue an order to the owner of such dam or reservoir to make at his
expense such maintenance alteration, repair or removal as may be necessary to
protect life and property from injury.
Section 49-11-170. (a) The existence of a darn which may be unsafe and a
danger to life or property may be brought to the attention of the Commission
by complaint, staff, or authorized investigation or by other means.
(b) Upon staff or other authorized investigations or upon receipt of a
written private complaint alleging that; the person or property of the
complainant is endangered by the construction, maintenahce, operation or
condition of any dam or reservoir, the Commission shall cause a preliminary
inspection of the structure and downstream development to be made by field
observations to determine if the complaint is meritorious. The Commission may
require the owner of such dam or reservoir to provide data, records, and
design plans of the structure as may be specified by regulations.
(c) If upon the preliminary inspection it is determined that the dam or
reservoir is unsafe and is dangerous to life or property, the Commission may
order the owner at his expense to make a detailed inspection of the dam and
reservoir and surrounding area and to provide to the Commission within a time
frame specified by the Commission plans prepared by a qualified registered
professional engineer for correction of all deficiencies of the dam or to
provide to the Commission plans and specifications for removal of the dam. In
either instance the plans must be approved by the Commission prior to
implementation and implemented within a time frame specified by the
Commission.
(d) The Commission shall give the owner notice of its action when:
(1) a complaint has been filed alleging that the owner's dam or reservoir
is unsafe and a danger to life or property stating the nature of the
complaint;
(2) a preliminary inspection has been made and the findings therein.
(e) 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 may
request a hearing before the Commission within thirty days after notice of
such findings are delivered. The owner may submit written or present oral
evidence which shall be considered by the Commission in the issuance of the
order.
Section 49-11-180. (a) The Commission may solicit voluntary compliance by
the owner of a dam or reservoir found to be unsafe and a danger to life or
property to take remedial steps necessary to render the dam safe.
(b) Extension of time to complete work specified in an order may be granted
by the Commission. No extension shall be granted when there appears
substantial and immediate danger of dam failure.
Section 49-11-190. (a) The Commission shall immediately order remedial
measures necessary to protect life or property if the condition of any dam or
reservoir is so dangerous to the safety of life orproperty as not to permit
time for the issuance and enforcement of a repair order or passing or imminent
floods threaten overtopping erosion or destruction of any dan1 or reservoir
capable of danger to life or property.
(b) In applying emergency measures the Commission shall have the following
limited powers to order the owner to:
(1) lower the water level by releasing water from the reservoir;
(2) completely empty the reservoir;
(3) take such other steps as may be essential to safeguard life and
property.
(c) 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 Commission at once of the proposed repair and work under way.
(d) When the owner fails to comply with the emergency order or cannot be
ascertained or found the Commission 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 Commission 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.
Section 49-11-200. (a) The construction of any dam or reservoir or
enlargement, removal or repair shall not hereafter be commenced until the
owner has applied for and obtained from the Commission written approval of
plans and specifications.
(b) Where the location and size of the dam or reservoir is such to render
any of the requirements of Section 49-11-200(a) and Section 49-11-210
unnecessary, the Commission may grant approval and waive certain nonessential
requirements in instances including, but not limited to, small dams and
reservoirs for agricultural, fish or wildlife, or recreational uses on private
lands and of no danger to otller life or property downstream.
Section 49-11-210. A separate application for each dam or reservoir and all
enlargements, removals or repairs to existing dams or reservoirs shall be
filed with the Commission upon forms to be provided by it, except that only
one application need be filed for a dam and the reservoir which will contain
the water impounded by the dam.
The application shall be accompanied by maps and plans and specifications of
such character and size and setting forth such pertinent details and
dimensions as the Commission by regulation requires.
Section 49-11-220. Every applicant for approval of a dam or reservoir
subject to the provisions of Section 49-11-200 shall also file with the
Commission a design approved by a registered professional engineer legally
qualified in the State.
Dams designed by the USDA-Soil Conservation Service or other federal
agencies do not require certification by a registered professional engineer.
Section 49-11-230. (a) The Commission may make necessary inspections during
the construction of new dams and reservoirs, enlargements, removal and repairs
of dams and reservoirs and during work done pursuant to repair orders to
enforce compliance with the approved plans and specifications or provisions of
the order.
(b) If water is to be released during such construction, repair or removal,
the Commission shall specify the maximum discharge rate allowable to avoid
endangering or causing injury to downstream owners.
Section 49-11-240. (a) The Commission or their authorized agents may inspect
any dam or reservoir and surrounding area to determine the safety of such
structure.
(b) Any authorized member, agent or representative of the Commission may
enter any state or private lands and natural or artificial waterways in the
State for the purpose of discharging the duties set forth in this article.
(c) The Commission shall formulate reasonable regulations including but not
limited to minimum safety design standards for impoundments, safety inspection
standards; water discharge or drawdown rates and levels in unsafe impoundments
and for other purposes necessary to administer the provisions of this article.
(d) The Commission shall issue all orders, permits or licenses set forth in
this article.
Section 49-11-250. Nothing contained in this article and no action or
failure to act under this article shall be construed (1) to impose any
liability on the State, Commission, districts or any agency, officer or
employees thereof for the recovery of damages caused by such action or failure
to act; or (2) to relieve the owner or operator of a dam or reservoir of the
duties, obligations, responsibilities or liabilities arising from or incldent
to the ownershiip oroperation of a dam or reservoir.
Section 49-11-260. Any person violating the provisions of this article shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a
fine of not less than one hundred dollars nor more than five hundred dollars.
Each day the violation continues after notice to take corrective action shall
constitute a separate offense.
In addition, upon violation of any provisions of this article or the
regulations promulgated under it, thle Commission may request the Attorney
General to bring injunctive relief in the name of the Commission.
Any person against whom any final order or decision has been made, except in
cases of emergency as specified in Section 49-11-190, shall have a right of
appeal under the Administrative Procedures Act, Article II of Act 176 of 1977.
The burden of proof shall be on the party attacking any order or decision of
the Commission to show that such order is unlawful or unreasonable."
Repeal
Section 2. Act 60 of 1977 is repealed.
Time effective
Section 3. This act shall take effect upon approval by the Governor. |