South Carolina Code of Regulations
Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION
Article 1 - DAMS AND RESERVOIRS SAFETY ACT REGULATIONS
Section 72-9 - Hearings and Hearing Procedures
Current through Register Vol. 47, No. 12, December 22, 2023
A. An Administrative hearing is available, following a timely request, to determine the propriety of:
B. A hearing may be initiated by any owner, provided that a written request is received within thirty (30) days after notice is given to the owner of the adverse action. The contested case hearing will be held before an Administrative Law Judge. Any request for a hearing shall be filed with the Clerk of the Board of DHEC and shall contain the following:
C. Board review and any subsequent judicial review of the order of the Administrative Law Judge shall be allowed in accordance with the South Carolina Administrative Procedures Act and any applicable rules and regulations.
TABLE I
SPILLWAY DESIGN FLOOD CRITERIA
Hazard |
Size |
Spillway Design Flood (SDF) [FN*] |
High |
Very Small |
100-yr. to 1/2 PMF |
Small |
1/2 PMF to PMF |
|
Intermediate |
PMF |
|
Large |
PMF |
|
Significant |
Small |
100-yr. to 1/2 PMF |
Intermediate |
1/2 PMF to PMF |
|
Large |
PMF |
|
Low |
Small |
50 to 100-yr. frequency |
Intermediate |
100-yr. to 1/2 PMF |
|
Large |
1/2 PMF to PMF |
|
[FN*] Note: When appropriate, the spillway design flood may be reduced to the spillway discharge at which dam failure will not significantly increase the downstream hazard which exists just prior to dam failure. |
TABLE II
ADMINISTRATIVE FINES
Failure to notify Department within 30 days of ownership transfer: High hazard dam (except very small size class) |
$200 |
High hazard dam (very small size class) |
$100 |
Significant hazard dam |
$100 |
Failure to obey written repair order or written emergency repair order |
|
High hazard dam |
$1000 |
Significant hazard dam |
$500 |
Failure to obey written maintenance order: |
|
High hazard dam |
$500 |
Significant hazard dam |
$250 |
Construction of dam without a permit: |
|
High hazard dam |
$500 |
Significant hazard dam |
$250 |
Failure to obey conditions in a permit: |
|
High hazard dam |
$300 |
Significant hazard dam |
$150 |
Failure to provide or update Emergency Action Plan: |
|
High hazard dam (except very small size class) |
$200 |
High hazard dam (very small size class) |
$100 |
Significant hazard dam |
$100 |
Other violations of Act or Regulations: High hazard dam |
$100-$1000 |
(depending on severity of offense) |
|
Significant hazard dam |
$100-$500 |
(depending on severity of offense) |
TABLE III MINIMUM FREQUENCY OF USE EARTH VEGETATED SPILLWAYS
Low hazard dam |
1 year |
Significant hazard dam |
10 years |
High hazard dam |
25 years |
Amended by State Register Volume 5, eff June 5, 1981; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993; State Register Volume 21, Issue No. 7, eff July 25, 1997.