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

Universal Citation: SC Code Regs 72-9

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:

1. A classification of a dam or reservoir under the Regulation covering Dam Classifications and Exemptions;

2. A revocation or denial of a construction permit under the Regulation covering Permitting Procedures and Requirements;

3. The terms and conditions of a construction permit;

4. The issuance of an inspection and repair order under the Regulation covering Remedial Measures;

5. The issuance of a maintenance order under the Regulation covering Remedial Measures;

6. The imposition of an administrative fine under the Regulation covering Administrative Fines.

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:

1. The name of the party requesting the hearing and the issue(s) for which the hearing is requested.

2. The caption or other information sufficient to identify the decision, order, or inaction which is the subject of the hearing; and

3. The relief requested.

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.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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