S*494 Session 105 (1983-1984)
S*0494(Rat #0293, Act #0277 of 1984) General Bill, By T.E. Garrison
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 18
to Title 48, so as to enact "The Erosion and Sediment Reduction Act" of 1983.
04/21/83 Senate Introduced and read first time SJ-1072
04/21/83 Senate Referred to Committee on Agriculture and Natural
Resources SJ-1072
04/27/83 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-1129
05/03/83 Senate Amended SJ-1197
05/03/83 Senate Read second time SJ-1197
05/26/83 Senate Amended SJ-1515
05/26/83 Senate Read third time and sent to House SJ-1515
05/31/83 House Introduced and read first time HJ-3272
05/31/83 House Referred to Committee on Agriculture and Natural
Resources HJ-3272
02/08/84 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-853
02/14/84 House Amended HJ-896
02/14/84 House Read second time HJ-897
02/16/84 House Read third time HJ-928
02/16/84 House Returned HJ-928
02/21/84 Senate Concurred in House amendment and enrolled SJ-700
03/01/84 Ratified R 293
03/06/84 Signed By Governor
03/06/84 Effective date 03/06/84
03/06/84 Act No. 277
03/20/84 Copies available
(A277, R293, S494)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18
TO TITLE 48, SO AS TO ENACT "THE EROSION AND SEDIMENT REDUCTION ACT"
OF 1983.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds: that erosion, sedimentation, and
increased and accelerated water runoff resulting from various land disturbing
activities and land uses constitute a major problem in this State. Erosion
reduces the productivity of the land and increases management costs. Sediment
impairs the quality and use of the waters of the State. The efficiency and
effectiveness of public water supply and industrial treatment processes are
reduced, and the costs of treatments are increased. The accumulation of sediment
in reservoirs may greatly reduce water storage capacity. The safe use of water
bodies for recreational activities is impaired by high sediment loads. Sediment
fills navigation channels in rivers and harbors, hindering boat traffic and
increasing the need for dredging. Excess sediment increases aquatic weed
problems, damages game fish habitat, and is harmful to all levels of aquatic
life. Erosion, sedimentation, and water runoff damage developed property.
Excessive runoff overloads storm drainage systems and causes increased flooding.
It is the policy of the State to protect the land and waters of the State from
damage by erosion, sedimentation, and excessive water runoff.
The purpose of this act is to strengthen existing erosion and sediment
reduction and stormwater management programs for the protection of the land and
water resources in the State. The South Carolina Land Resources Conservation
Commission and the forty-six conservation districts of the State in cooperation
with other appropriate state and federal agencies are assigned the responsibility
of developing and implementing an erosion and sediment reduction and stormwater
management program pursuant to this act.
Erosion and Sediment Reduction Act of 1983
SECTION 2. The 1976 Code is amended by adding to Title 48:
"Chapter 18
The Erosion and Sediment Reduction Act
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.
(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.
(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.
(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, quasi-state agency, subdivision of the State, or a federal government
agency.
(10) '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 this act, the South Carolina Public Service Authority is a quasi-state
agency; county and municipal governments and special purpose districts are not
quasi-state agencies.
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) 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 governments, 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, or quasi-state agency through right-of-way easements or other agreements.
Section 48-18-50. (1) 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
Senate Agriculture and Natural Resources Committee
House Agriculture and Natural Resources Committee
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
(2) The Commission must provide staff support to the State Advisory Council.
(3) Duties of the State Advisory Council include, but are not limited to the
following:
(a) Study the erosion and sediment reduction and stormwater management programs
of other states and evaluate their applicability to South Carolina.
(b) Evaluate erosion, sedimentation, and stormwater conditions in the State.
(c) Recommend improvements and changes to meet the needs for erosion and
sediment reduction and stormwater management in the State.
(d) Assist the Commission with educational programs including, but not limited
to, seminars, conferences, workshops, media productions, and written publication.
(e) Compile information pertaining to sedimentation of water bodies in the
State.
(f) Evaluate and recommend conservation programs and technology for reducing
erosion and sedimentation and improving stormwater management.
(g) Evaluate the need for additional legislation for erosion and sediment
reduction and stormwater management.
(h) Recommend appropriate recognition programs for landowners and land users
implementing outstanding erosion and sediment reduction and stormwater management
programs.
(i) Provide information to the Commission as needed.
Section 48-18-60. (1) The Conservation Districts shall:
(a) Assist in the development and promotion of erosion and sediment reduction
and stormwater management programs as considered necessary by the conservation
district boards.
(b) Provide leadership in the promotion of erosion and sediment reduction and
stormwater management within their boundaries.
(c) Coordinate and seek assistance of governmental agencies, organizations,
landowners, and land users for erosion and sediment reduction and stormwater
management.
(d) Conduct demonstrations on erosion and sediment reduction and stormwater
management utilizing proven conservation technology.
(e) Assist in the preparation of conservation plans for erosion and sediment
reduction as requested by landowners and land users.
(f) Provide available technical assistance for erosion and sediment reduction
and stormwater management planning upon request by landowners and land users.
(g) Perform other duties as defined in the Conservation Districts Law (Chapter
9 of Title 48).
(2) Each conservation district must appoint an Advisory Council on Erosion and
Sediment Reduction (Local Advisory Council) which may include, but not be limited
to:
(a) A local homebuilder.
(b) A local contractor.
(c) A local Realtor.
(d) A municipal councilman.
(e) A county planning agency representative.
(f) A county councilman.
(g) A conservation district commissioner.
(h) A county farm bureau representative.
(i) A county grange representative.
(j) A USDA-Soil Conservation Service representative.
(k) A county extension service representative.
(l) A State Forestry Commission representative.
(m) A local civil engineer.
(n) A local architect.
(o) A local landscape architect.
(3) Duties of the Local Advisory Council include, but are not limited to, the
following:
(a) Study the erosion and sediment reduction and stormwater management programs
of other districts and evaluate their applicability to its respective district.
(b) Evaluate erosion, sedimentation, and stormwater conditions in the district.
(c) Recommend improvements and changes to meet the needs for erosion and
sediment reduction and stormwater management in the district.
(d) Assist the district with educational programs, including but not limited
to, seminars, conferences, workshops, media productions, and written
publications.
(e) Compile information pertaining to sedimentation of water bodies in the
district.
(f) Evaluate and recommend conservation programs and technology for reducing
erosion and sedimentation and improving stormwater management.
(g) Evaluate the need for additional programs for erosion and sediment
reduction and stormwater management.
(h) Recommend appropriate recognition programs for landowners and land users
implementing outstanding erosion and sediment reduction and stormwater management
programs.
(i) Provide information to the district as needed.
Section 48-18-70. (1) 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, except that the regulations may not
apply to land owned by or under the jurisdiction of the South Carolina Department
of Highways and Public Transportation or forest land owned or managed by the
South Carolina Forestry Commission. The regulations shall apply to privately
owned lands only where they are under the management or control of the 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 must 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 must insure that such regulations are followed on all land and
land disturbing activities under his jurisdiction.
(2) The Commission or its designated representative may inspect any land 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 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) Any 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 must take the necessary steps as indicated by
the standards and specifications provided for in subsection (1) of this section
to correct the problems.
(4) The South Carolina Department of Highways and Public Transportation must
promulgate regulations in consultation with the Commission 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 must 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 such 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."
Regulations must be proposed within one year
SECTION 3. The regulations required by subsection (1) of Section 48-18-70 of the
1976 Code must be proposed for approval within one year of the effective date of
this act. The regulations required by subsection (4) of Section 48-18-70 must
be promulgated within one year of the effective date of this act. An initial
report by the Commission based on evaluation reports required by Section 48-18-80
must be made two years after the effective date of this act and the first
subsequent report required by Section 48-18-80 must be made five years from the
effective date of this act.
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |