South Carolina Code of Regulations
Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION
Article 2 - EROSION AND SEDIMENT REDUCTION AND STORMWATER MANAGEMENT RELATIONS
Section 72-103 - Definitions

Universal Citation: SC Code Regs 72-103

Current through Register Vol. 47, No. 12, December 22, 2023

As used in these regulations:

A. "Applicant" means the state agency or quasi-state agency that owns, manages or controls state land that is to be disturbed, or the agent of the agency.

B. "Commission" means the South Carolina Land Resources Conservation Commission or its agent.

C. "Construction" means the building or erection of a structure or any land preparation or change for the same.

D. "Construction site" or "site" means the area of land to be disturbed for the purpose of construction.

E. "Day" means all calendar days except Saturdays, Sundays and holidays.

F. "Emergency repairs" means repairs of an unforeseen nature that are necessary to protect property or human health and safety.

G. "Erosion" means the wearing away of the ground surface by the action of water, wind, gravity or any combination thereof.

H. "Erosion and sediment control and stormwater management plan" or "plan" Means a description of measures, including a timetable for their installation in relation to the construction schedule, to be used on a particular land area to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased; the plan to be designed by a registered professional engineer, registered landscape architect or professional soil conservationist.

I. "Land disturbing activity" means any construction or other land change.

J. "NOAA" means the National Oceanic and Atmospheric Administration of the United States Department of Commerce.

K. "Private landowner" means any landowner other than the state, a state agency, quasi-state agency, subdivision of the state, or a federal government agency.

L. "Professional soil conservationist" means an individual who has successfully completed a four (4) year course of study at an accredited college or university leading to a Bachelor of Science Degree with major study in soil conservation or a closely related agricultural or natural resource field such as agronomy, wildlife biology, agricultural education or agricultural engineering, with a minimum of thirty (30) semester hours (or the equivalent) in agricultural or natural resource subjects, including three (3) semester hours (or the equivalent) in soils, and three (3) years experience in the planning and application of erosion and sediment control measures; the experience having been obtained under the supervision of another professional soil conservationist.

M. "Registered engineer" means an individual who is registered pursuant to Chapter 21, Title 40, Code of Laws of South Carolina, 1976.

N. "Registered landscape architect" means an individual who is registered pursuant to Chapter 28, Title 40, Code of Laws of South Carolina, 1976.

O. "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 these regulations, the South Carolina Public Service Authority is a quasi-state agency; county and municipal governments and special purpose districts are not quasi-state agencies.

P. "Sediment" means soil or other earth-like material that has been moved by the force of water, wind, gravity or any combination thereof.

Q. "State Engineer" means the State Engineer with the Division of General Services or his agent.

R. "State land" means all land either owned by the state, a state agency or quasi-state agency or under the management or control of such entities through right-of-way easements or other agreements between the entities and private landowners.

S. "Stormwater" means the direct runoff of water and associated material resulting from precipitation in any form.

T. "Structure" means anything constructed or erected on or in the ground, or attached to something having a location on or in the ground, including but not limited to buildings, roads, parking lots and utilities.

Added by State Register Volume 9, Issue No. 6, eff June 28, 1985.

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