Current through Register Vol. 48, No. 3, March 22, 2024
A. For the purpose of these regulations, the Land Resources Conservation Commission shall have jurisdiction over all land disturbing activities on state land that are not under the jurisdiction of the State Engineer as provided in Regulation Regulation 72-106 A. No state land may be disturbed for any such land disturbing activity except in accordance with an erosion and sediment control and stormwater management plan approved by the Commission. The Commission may alter the requirements of this regulation for a land disturbing activity as it deems appropriate, and it may exempt a land disturbing activity from any or all of the requirements if it determines that some or all of the requirements are not applicable, or that the activity will likely cause, increase or result in neither any on-site nor off-site erosion, sediment or stormwater damage or problem; the exemption may include activity that the Commission deems adequately controlled by a land management program or other laws and regulations. Emergency repairs may be performed without submitting a plan to the Commission; however, the repairs must be performed in a manner consistent with these regulations to the maximum extent feasible.
B. Administration.
(1) Construction.
The applicant shall submit an erosion and sediment control and stormwater management plan to the Commission to be approved before construction begins. Submittal to the Commission shall include, but not be limited to two (2) copies of the plan, specifications and design calculations. When supplemental information is required, the Commission shall request the information from the applicant in writing, including the reason(s) for requesting the information.
(2) Other land disturbing activities.
(a) All land disturbing activities not previously addressed in these regulations must be performed in a manner that erosion is controlled, sediment is retained on the site and stormwater is managed in a manner that neither any on-site nor off-site damage or problem is caused or increased.
(b) The applicant shall submit an erosion and sediment control and stormwater management plan to the Commission to be approved before any land disturbing activity begins. For activity that the Commission determines to be part of or to constitute an existing continuous program, the activity may be conducted without a plan approved by the Commission, provided that the applicant shall submit a plan for the activity to the Commission within six (6) months from the effective date of these regulations. For activity that is begun after six (6) months from the effective date of these regulations that the Commission determines to be part of or to constitute a continuous program, the applicant shall submit a plan to the Commission before the activity is begun.
(3) Approval or disapproval of the plan.
(a) The plan must be reviewed by the Commission. If the plan meets the requirements of these regulations, the Commission shall approve the plan and so notify the applicant in writing.
(b) If the plan does not meet the requirements of these regulations, the Commission shall disapprove the plan and so notify the applicant in writing, indicating the reason(s) for disapproval.
(c) For construction and other land disturbing activity that is not part of or does not constitute a continuous program:
1. If a plan is disapproved, the applicant shall correct the indicated deficiencies and resubmit the plan to the Commission.
2. The Commission shall either approve or disapprove any submitted or resubmitted plan and so notify the applicant in writing within thirty (30) days from the receipt of receiving all required information.
(d) For land disturbing activity that is part of or constitutes a continuous program:
1. If a plan is disapproved, the applicant shall correct the indicated deficiencies and resubmit the plan to the Commission within sixty (60) days from receipt of written notice of disapproval.
2. The Commission shall either approve or disapprove any submitted or resubmitted plan and so notify the applicant in writing within sixty (60) days from the date of receiving all required information.
3. The Commission shall periodically review plans and may require, in writing, revisions to the plans. The revision must be submitted to the Commission within sixty (60) days from receipt of written notification. The review process is the same as for the original plan.
C. Responsibility of the applicant.
The applicant 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 site 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 construction and other land disturbing activity that is not part of or does not constitute a continuous program, the Commission shall make a final inspection and issue the applicant a letter of satisfactory completion if the work has been completed in accordance with the approved plan.
(3) In the event the Commission finds that any land disturbing activity has not been performed in accordance with the approved plan, the Commission shall issue a written order either directing conformance with the plan, suspending additional work until conformance is achieved, 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.
E. Minimum Standards and Plan Requirements.
(1) For construction and all other land disturbing activity that is not part of or does not constitute a continuous program, erosion and sediment control and stormwater management plans must be prepared and implemented according to Regulations 72-106 E and 72-106 F with the exception that the words "State Engineer" must be replaced by "South Carolina Land Resources Conservation Commission."
(2) For continuous programs, plans must be prepared and implemented according to erosion and sediment control and stormwater management measures applicable to the land disturbing activities of the programs and according to any specific requirements or conditions set forth by the Commission.
