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 72-108 - All Erosion, Sediment and Stormwater Problems not Addressed by Regulations 72-106 and 72-107

Universal Citation: SC Code Regs 72-108

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

A. All erosion, sediment and stormwater problems on state land that are not addressed by Regulations 72-106 and 72-107 must be corrected to control erosion, retain sediment on the land and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased.

B. Administration.

(1) The Land Resources Commission shall inspect all state land to identify erosion, sediment and stormwater problems.

(2) The Commission shall notify in writing the state agency or quasi-state agency that owns or manages the land of the nature and extent of the problem(s).

(3) Based on the assessment of the problem(s), the commission may submit a plan to the agency to be implemented by the agency, or may require the agency to submit a plan to the Commission for approval, with the Commission providing guidance regarding the nature of the plan to be submitted. Submittal to the Commission shall include, but not be limited to two (2) copies of the plan, specifications and design calculations. When supplemental information for a submitted plan is required, the Commission shall request the information from the agency in writing, including the reason(s) for requesting the information.

(4) Any agency that is notified by the Commission to submit a plan shall submit the plan to the Commission within six (6) months from receipt of notification.

(5) Approval or disapproval of the plan.
(a) Any plan submitted to the Commission pursuant to this regulation must be reviewed by the Commission. If the plan conforms to the standards in Regulation Regulation 72-108 A, the Commission shall approve the plan and so notify the agency in writing.

(b) If the plan does not conform to the standards in Regulation Regulation 72-108 A, the Commission shall disapprove the plan and so notify the agency in writing, indicating the reason(s) for disapproval.

(c) If the plan is disapproved, the agency shall correct the indicated deficiencies and resubmit the plan to the Commission within sixty (60) days from receipt of written notice of disapproval.

(d) The Commission shall either approve or disapprove any submitted or resubmitted plan and so notify the owner or manager of the land within sixty (60) days from the date of receiving all required information.

C. Responsibility of the state agency or quasi-state agency.

The state agency or quasi-state agency that owns or manages the land is responsible for implementing the plan, maintaining all erosion and sediment control and stormwater management measures in proper functioning condition, and meeting other requirements of these regulations.

D. Inspection and enforcement.

(1) The Commission shall periodically inspect work performed under the plan required by this regulation. In the event the Commission finds that the measures in the plan are not adequate to control erosion, retain sediment on the land and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased, it shall require that necessary additional measures be implemented.

(2) Upon completion of such work, the Commission shall make a final inspection and issue the agency a letter of satisfactory completion if the work has been completed in accordance with the plan.

(3) In the event the Commission finds that work has not been performed in accordance with the plan, the Commission shall issue a written order either directing conformance with the plan or directing other measures that it deems necessary 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.

(4) Complaints from any party must be investigated by the Commission.

(5) The Commission shall request legal assistance from the Attorney General's Office upon any unresolved problem resulting from violation of this regulation.

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

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