reglab/housing_qa huggingface dataset:
SC Code § 48-14-60 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-60. Delegation of stormwater management and sediment control to local governments; programs for land-disturbing activities conducted by federal or local governments or for cross-jurisdictional activities.

 (A) The department may delegate any or all components of stormwater management and sediment control programs to a local government or conservation district pursuant to regulations promulgated by the department.  (B) Requests for delegation of program elements must be submitted within six months of the promulgation of the applicable state regulation, and by January first of subsequent years if delegation is desired at a future date. The department shall approve, approve with modification, or deny such a request on or before April first of the year for which delegation is sought.  (C) Delegation, once applied for, becomes effective on July first and may not exceed three years, at which time delegation renewal is required.  (D) A local government may develop the program in cooperation with conservation districts.  (E) In the event a local government does not adopt and request approval of a stormwater management and sediment control program within its jurisdiction, the local conservation district may adopt a program in conjunction with subdivision regulations, if applicable, and submit it to the department for approval.  (F) The department has jurisdiction, to the exclusion of other implementing agencies, for the purpose of adopting the components of a sediment control and stormwater management program for land disturbing activities that are:  (1) conducted by the United States;  (2) conducted by persons having the power of eminent domain for land disturbing activities which cross jurisdictional boundaries;  (3) conducted by local governments.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1208.
SC Code § 48-14-70 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-70. Review of local government programs; approval, modification, disapproval.

 (A) Any local government that has adopted a stormwater management and/or sediment control program before May 27, 1992 may request approval of any or all components of its existing program within its jurisdiction. This request must be submitted within six months of the promulgation of the applicable state regulation. The review and approval, approval with modification, or disapproval of these existing programs must be given priority by the department. The local government shall continue to administer its existing programs during the review process by the department. The review must include consideration of the efficiency and effectiveness of the existing program in meeting the intent of this chapter.  (B) The department shall approve a program upon determining that its standards equal or exceed those of this chapter. The department shall only modify the portions of a program which do not meet the minimum standards of this chapter.  (C) If a local government's request for approval of one or more components of an existing stormwater management or sediment control is not approved by the department, the local government may appeal the department's action following the procedures detailed in the Administrative Procedures Act.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1209.
SC Code § 48-14-80 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-80. Conduct of regulated activity by federal agency; requirement of approval by commission.

 One year after May 27, 1992, a federal agency may not undertake any regulated activity unless the agency has submitted a stormwater management and sediment control plan to the department and received its approval. The only variation to this requirement is when program elements are delegated by the department to a federal agency.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1210.
SC Code § 48-14-85 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-85. Conduct of regulated activity by local government or special purpose or public service district; permit and approval by commission.

 After May 27, 1992, a local government or special purpose or public service district may not undertake any regulated activity unless the local government or special purpose or public service district has submitted a request for a general permit to the department and received its approval.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1211.
SC Code § 48-14-90 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-90. Oversight by commission; inspection; compliance, enforcement, and penalties.

 (A) With respect to approved stormwater management and sediment control plans, the implementing agency shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of right of entry must be included in the stormwater management and sediment control plan certification. The implementing agency may request assistance from the department.  (B) The request for assistance from the department may initiate an inspection to verify site conditions. That inspection may result in the following actions:  (1) notification by the implementing agency to the person responsible for the land disturbing activity to comply with the approved plan within a specified time;  (2) notification by the implementing agency that the required measures are not functioning in an effective manner with a schedule for the person responsible for the disturbing activity to maintain the required measures or install additional measures which will be effective in controlling stormwater runoff and off-site sediment movement.  (C) Failure of the person responsible for the land disturbing activity to comply with department requirements may result in the following actions in addition to other penalties as provided in this chapter:  (1) The department may request that the appropriate implementing agency issue a stop work order until the violations have been remedied.  (2) The department may request that the appropriate implementing agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.  (3) The department may recommend fines to be levied by the implementing agency.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1212.
SC Code § 48-14-95 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-95. Right of entry for inspection; issuance of stop work order and notification of chapter requirements in event of noncompliance.

 (A) The implementing agency shall have the right of entry for the purpose of determining if a land disturbing activity is being conducted without an approved stormwater management and sediment control plan, conducting inspections and taking enforcement actions.  (B) Upon inspection, if the implementing agency determines that a land disturbing activity is taking place without an approved stormwater management and sediment control plan, the implementing agency shall post a stop work order at the site of the land disturbing activity and shall notify the person responsible for the land disturbing activity of the requirements to submit a stormwater management and sediment control plan to the implementing agency and receive approval prior to resuming the land disturbing activity and the requirement to correct all violations.  HISTORY: 1991 Act No. 51, Section 2.
SC Code § 48-14-100 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-100. Protection of already disturbed areas; notice to comply.

 (A) All disturbed areas which exist on May 27, 1992 as a result of land disturbing activity and which result in off-site damage from sediment and stormwater runoff, must be provided with ground cover or other protective measures, structures, or devices sufficient to control offsite sediment and nonpoint source pollution.  (B) The implementing agency shall serve a notice to comply upon the landowner or other person in possession or control of the land by depositing in the mail a certified letter. The notice must state the measures needed and the time allowed for compliance. The implementing agency shall consider the economic feasibility, technological expertise, and quality of work required, and shall establish reasonable time limits.  HISTORY: 1991 Act No. 51, Section 2.
SC Code § 48-14-110 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-110. Educational programs.

 The department, in conjunction with local governments and districts and other appropriate state and federal agencies, shall conduct educational programs in stormwater management and sediment control for state and local government officials, persons engaged in land disturbing activities, interested citizen groups, and others.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1213.
SC Code § 48-14-120 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-120. Authority of implementing agencies to accept assistance; fee system to fund programs; establishment of stormwater utilities.

 (A) The implementing agencies are authorized to receive from federal, state, or other public or private sources financial, technical, or other assistance for use in accomplishing the purposes of this chapter.  (B) The implementing agency has authority to adopt a fee system to help fund program administration. A fee system may be adopted by the implementing agency to help to fund overall program management, plan review, construction review, enforcement actions, and maintenance responsibilities. In those situations where the department becomes the implementing agency, the department may assess a plan review and inspection fee. Fees must be based upon the costs to the implementing agency to implement and administer the program. The implementing agency is granted authority to expend the funds it collects from the fee system to administer the provisions of this chapter. The department shall not assess a local government a plan review and inspection fee.  (C) Authority is granted to local governments to establish a stormwater utility. The stormwater utility may fund such activities as watershed master planning, facility retrofitting, and facility maintenance. This funding shall occur through the establishment of a fee system or tax assessment that must be reasonable and equitable. Criteria for the implementation of the stormwater utility must be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the adoption of a local utility ordinance prior to its implementation.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1214.
SC Code § 48-14-130 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-130. Watershed master plan.

 (A) In addition to the other regulatory requirements in this chapter, designated watersheds shall have the regulatory requirements for land disturbing activities within the watershed clearly specified through a watershed master plan which includes nonpoint source pollution control, stormwater management, and flood control components. The watershed master plan for the designated watershed must contain the following information:  (1) stormwater quantity or quality problem identification;  (2) the overall condition and needs of the watershed, not just the additional impacts of new development activities;  (3) alternative approaches to address the existing and future problems;  (4) a defined approach which includes the overall costs and benefits;  (5) a schedule for implementation;  (6) funding sources and amounts; and  (7) a public involvement process which includes the establishment of a local watershed advisory committee and public hearing prior to approval by the department.  (B) Upon approval of the watershed master plan, all projects undertaken in the designated watershed must have stormwater management and nonpoint source pollution control requirements placed upon them that are consistent with the designated watershed master plan.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1215.
SC Code § 48-14-140 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-140. Civil penalties for violations.

 (A) Any person who violates any provision of this chapter or any ordinance or regulation promulgated, enacted, adopted, or issued pursuant to this chapter by the department or other implementing agency, or who initiates or continues a land disturbing activity for which a stormwater management and sediment control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty of not more than one thousand dollars. No penalty may be assessed until the person alleged to be in violation has been notified of the violation. Each day of a violation constitutes a separate violation.  (B) The implementing agency shall determine the amount of the civil penalty to be assessed under this section for violations under its jurisdiction. It shall make written demand for payment upon the person responsible for the violation and set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty days after demand for payment is made, a civil action may be filed in the circuit court in the county in which the violation is alleged to have occurred to recover the amount of the penalty. If the implementing agency is the department, the action must be brought in the name of the State. Local governments shall refer the matters under their jurisdiction to their respective attorneys for the institution of a civil action in the name of the local government in the circuit court in the county in which the violation is alleged to have occurred for recovery of the penalty.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1216.
SC Code § 48-14-150 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-150. Injunctive relief.

 (A) When the implementing agency has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this chapter, it may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action for injunctive relief to restrain the violation or threatened violation. The action must be brought in the circuit court of the county in which the violation or threatened violation is occurring or about to occur.  (B) Upon determination by the court that an alleged violation is occurring or is threatened, it shall enter the order necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under subsection (A) of this section does not relieve any party to the proceeding from any civil penalty prescribed for violations of this chapter.  HISTORY: 1991 Act No. 51, Section 2.
SC Code § 48-14-160 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-160. No liability for damages on part of governmental body or employee; no relief from obligations and liabilities arising from land-disturbing activity.

 Nothing contained in this chapter and no action or failure to act under this chapter may be construed:  (1) to impose any liability on the State, department, districts, local governments, or other agencies, officers, or employees thereof for the recovery of damages caused by such action or failure to act; or  (2) to relieve the person engaged in the land disturbing activity of the duties, obligations, responsibilities, or liabilities arising from or incident to the operations associated with the land disturbing activity.  HISTORY: 1991 Act No. 51, Section 2; 1993 Act No. 181, Section 1217.
SC Code § 48-14-170 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 14 - The Stormwater Management And Sediment Reduction Act|Section 48-14-170. Department to promulgate regulations.

 The department shall promulgate regulations necessary to implement Chapter 14, Title 48 of the 1976 Code added by this act.  HISTORY: 1991 Act No. 51, Section 4; 1993 Act No. 181, Section 1218.
SC Code § 48-15-10 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 15 - Low Country Resources, Conservation And Development Authority|Section 48-15-10. Low Country Resources, Conservation and Development Authority created; purpose.

 There is hereby created the Low Country Resources Conservation and Development Authority which shall be a body corporate and politic hereinafter referred to as the "authority". The purpose of the authority shall be to institute and operate programs of soil drainage and flood prevention and any and all other measures to improve, enlarge, increase and otherwise enhance conservation of the natural resources in the counties of Beaufort, Jasper, Colleton, Dorchester, Berkeley, Hampton and Charleston.  HISTORY: 1962 Code Section 63-501; 1968 (55) 2822; 1981 Act No. 162, Section 1.
SC Code § 48-15-20 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 15 - Low Country Resources, Conservation And Development Authority|Section 48-15-20. Membership of authority; appointment, terms, and organization.

 The authority shall be composed of fifteen members who shall be appointed by the Governor. The original members shall be the present commissioners of the Low Country resources, conservation and development project. There shall be two members from each county, except Charleston, which shall have four members; and one member-at-large.  The terms of office shall be for four years, except of those initially appointed, one member from each county, except Charleston, and two from Charleston County shall be appointed for two-year terms, and the member-at-large shall be appointed for a two-year term.  The organizational meeting shall be called by the present chairman of the Low Country resources, conservation and development project as soon as all members have been appointed and qualified. Upon the expiration of any member's term, or should a vacancy occur, the remaining members, after consultation with the resident members of the county legislative delegation entitled to representation, shall make recommendations for appointment to the Governor.  In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.  HISTORY: 1962 Code Section 63-502; 1968 (55) 2822.  Editor's Note  By Resolution 96-07, dated July 15, 1996, the Dorchester County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 512 of 1996 which were formerly made by the Dorchester County Legislative Delegation pursuant to the authority of this section.
SC Code § 48-15-30 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 15 - Low Country Resources, Conservation And Development Authority|Section 48-15-30. Powers of authority.

 In order to carry out the purposes for which it was created the authority shall have the following powers:  (1) To have perpetual succession;  (2) To sue and be sued;  (3) To adopt, use and alter a corporate seal;  (4) To define a quorum for its meetings;  (5) To establish a principal office;  (6) To make bylaws for the management and regulation of its affairs;  (7) To accept gifts or grants of services, properties or moneys from the United States Government or any of its agencies or from the State or any of its political subdivisions or from private or other sources;  (8) To sell, lease, or otherwise dispose of any of its property or interest therein to any political subdivision of the State of South Carolina or any Federal or State agency in furtherance of the purposes and provisions of this chapter;  (9) Clean out, straighten, open up, widen, or deepen, any canal, ditch, drain, river, watercourse or natural stream without diminishing the quality or quantity of the flow of water therein;  (10) Construct and maintain main and lateral ditches, canals, levees, dykes, dams, sluices, revetments, reservoirs, holding basins, floodways, pumping stations and syphons and connect them or any of them with any canals, drains, ditches, levees or other works;  (11) Construct or enlarge or cause to be constructed or enlarged any and all bridges that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, railroad right-of-way, track, grade, fill or cut;  (12) Construct roadways over levees and embankments;  (13) Construct any and all of such works and improvements across, through or over any public highway, railroad right-of-way, track, grade, fill or cut;  (14) Remove any fence, building or other improvement;  (15) Hold, control and acquire by donation or purchase and if need be condemn any land, easement, railroad right-of-way, sluice, reservoir, holding basin or franchise for rights-of-way, holding basins or for any of the purposes herein provided or for material to be used in constructing and maintaining the works and improvements for draining, protecting and reclaiming the lands;  (16) To exercise the rights of eminent domain. The condemnation of an existing public use must be denied unless it is shown that the specific property to be condemned is absolutely essential to the authority and the use to be condemned does not materially impair the existing public use.  All of the above powers shall be exercised within the geographical boundaries of the counties comprising the authority.  HISTORY: 1962 Code Section 63-503; 1968 (55) 2822; 1987 Act No. 173, Section 24.
SC Code § 48-15-40 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 15 - Low Country Resources, Conservation And Development Authority|Section 48-15-40. Funds to come from member counties and other political subdivisions; costs include attorney fees and other incidental expenses.

 All funds used by the authority to acquire lands and rights in land may be provided by the county governments comprising the authority or other political subdivisions, including the United States Government.  The costs of acquiring rights-of-way or other interests in land shall include attorney's fees and all other expenses incidental thereto.  HISTORY: 1962 Code Section 63-504; 1968 (55) 2822.