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South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-300 - Scope

Current through Register Vol. 48, No. 6, June 28, 2024
A. Stormwater runoff is a source of pollution of waters of the State, and may add to existing flooding problems. The implementation of a statewide stormwater management and sediment control program will help prevent additional water quantity and quality problems and may reduce existing problems.
B. Stormwater management and sediment control plan approvals are necessary prior to engaging in any land disturbing activity related to residential, commercial, industrial or institutional land use which are not specifically exempted or waived by these regulations.
C. To the extent possible, the Commission intends to delegate the provisions of these regulations to local governments. Those program provisions which are subject to delegation include stormwater management and sediment control plan approval, construction and maintenance inspections, enforcement, and education and training.
D. The Commission encourages the implementation of the Stormwater Management and Sediment Reduction Act on a watershed basis by local governments. The Commission recognizes that all jurisdictions may not have the resources available to implement this type of program immediately. However, the comprehensive approach of implementing the program on the watershed basis will allow for planned, orderly development in a watershed.
E. The implementation of a stormwater utility represents a comprehensive approach to program funding and implementation. The activities which may be undertaken by a stormwater utility include not only assessment, collection, and funding activities, but also carrying out provisions of adopted stormwater management plans. These provisions may include contracting for such services as project construction, project maintenance, project inspection, and enforcement of installation and maintenance requirements imposed with respect to approved land disturbing activities.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-303 - Commission Responsibilities

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission is responsible for the implementation and supervision of the stormwater management and sediment control program which is established by Chapter 14, Title 48, S.C. Code.
B. The schedule for implementing the Stormwater Management and Sediment Control Act (48-14-10, et. seq.) has been established by the Commission as follows:
(1) These regulations are effective and applicable to all land disturbing activities of five acres and greater on October 1, 1992 regardless of program status at the local level. Local governments with existing local programs as of this date shall require that persons responsible for land disturbing activities on sites with disturbed areas of five acres or greater comply with these regulations. Local governments may request assistance from the Commission to implement these regulations on these sites. If a local government does not have a local program on October 1, 1992, the Commission and others shall function as the implementing agencies.
(2) FY 1992-1993
Greenville
Charleston
Richland
Spartanburg
Lexington
Anderson
Horry
York
Berkeley
Aiken
Florence
Sumter
Pickens
Beaufort
Orangeburg
(3) FY 1993-1994
Dorchester
Darlington
Greenwood
Laurens
Oconee
Lancaster
Georgetown
Cherokee
Kershaw
Chesterfield
Williamsburg
Colleton
Marion
Newberry
Chester
Union
(4) FY 1994-1995
Marlboro
Dillon
Clarendon
Abbeville
Fairfield
Barnwell
Lee
Edgefield
Hampton
Bamberg
Saluda
Jasper
Calhoun
Allendale
McCormick
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-304 - Criteria for Delegation/Revocation of Programs

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission may delegate the following components of stormwater management and sediment control programs to local governments or conservation districts as follows:
(1) Stormwater management and sediment control plan review and approval/disapproval.
(2) Inspections during construction and maintenance inspections.
(3) Enforcement.
(4) Education and training.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-305 - Permit Application and Approval Process

Current through Register Vol. 48, No. 6, June 28, 2024
A. After the effective date of these regulations, unless a particular activity is exempted by these regulations, a person may not undertake a land disturbing activity without an approved stormwater management and sediment control plan from the appropriate plan approval agency that is consistent with the following items:
(1) Chapter 14, Title 48, South Carolina Code, relating to erosion and sediment control and stormwater management, and
(2) These regulations, or duly adopted county or municipal ordinances or programs that are adopted as a part of the delegation process and set minimum standards equivalent to these regulations.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-306 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. The fees associated with the plan review and approval process inspection and enforcement shall be set by the implementing agency. If permit fees are established, they shall be established in accordance with the following items:
(1) Delegation of program elements will depend, to a large extent, on funding and personnel commitments. If the delegated jurisdiction has a source of funding that is provided through local revenues, then the implementation of the delegated component will not necessitate the imposition of a permit fee to cover the cost of the delegated program component.
(2) In the event that one component of an overall stormwater management and sediment control program is not funded through the use of general or special funds, a non-refundable permit fee may be collected at the time that the stormwater management and sediment control plan or application for waiver or variance is submitted or approved. The permit fee will provide for the unfunded costs of plan review, administration and management of the permitting office, construction review, maintenance inspection, and education and training. The plan review or permit approval agency shall be responsible for the collection of the permit fee. Unless all program elements in a county or municipality have been delegated to a single agency, the funds collected not supporting the plan review function shall be distributed to the appropriate agencies.
(3) The number of needed personnel and the direct and indirect expenses associated with those personnel shall be developed by the agencies requesting delegation in a specific jurisdiction. Those expenses will then form the basis for determining unit plan approval costs by the local government.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-307 - Specific Design Criteria, Minimum Standards and Specifications

Current through Register Vol. 48, No. 6, June 28, 2024
A. General submission requirements for all projects requiring stormwater management and sediment control plan approval will include the following information as applicable:
(1) A standard application form,
(2) A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel,
(3) A plan at an appropriate scale accompanied by a design report and indicating at least:
(a) The location of the land disturbing activity shown on a USGS 7.5 minute topographic map or copy.
(b) The existing and proposed topography, overlayed on a current plat showing existing and proposed contours as required by the implementing agency. The plat and topographic map should conform to provisions of Article 4, Regulations 400-490.
(c) The proposed grading and earth disturbance including:
1. Surface area involved; and
2. Limits of grading including limitation of mass clearing and grading whenever possible.
(d) Stormwater management and stormwater drainage computations, including:
1. Pre- and post-development velocities, peak rates of discharge, and inflow and outflow hydrographs of stormwater runoff at all existing and proposed points of discharge from the site,
2. Site conditions around points of all surface water discharge including vegetation and method of flow conveyance from the land disturbing activity, and
3. Design details for structural controls.
(e) Erosion and sediment control provisions, including:
1. Provisions to preserve top soil and limit disturbance;
2. Details of site grading; and
3. Design details for structural controls which includes diversions and swales.
(4) Federal Emergency Management Agency flood maps and federal and State wetland maps, where appropriate.
(5) The appropriate plan approval agency shall require that plans and design reports be sealed by a qualified design professional that the plans have been designed in accordance with approved sediment and stormwater ordinances and programs, regulations, standards and criteria.
(6) Additional information necessary for a complete project review may be required by the appropriate plan approval agency as deemed appropriate. This additional information may include items such as public sewers, water lines, septic fields, wells, etc.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-308 - Maintenance Requirements and Off-Site Damage Correction

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission will provide technical assistance to local governments who choose to assume the maintenance responsibility for stormwater management structures on, at least, residential lands.
B. The person responsible for maintenance shall perform or cause to be performed preventive maintenance of all completed stormwater management practices to ensure proper functioning. The responsible inspection agency shall ensure preventive maintenance through inspection of all stormwater management practices.
C. Inspection reports shall be maintained by the responsible inspection agency on all detention and retention structures and shall include the following items (as applicable):
(1) The date of inspection;
(2) The name of the inspector;
(3) The condition of (if applicable):
(a) Vegetation,
(b) Fences,
(c) Spillways,
(d) Embankments,
(e) Reservoir area,
(f) Outlet channels,
(g) Underground drainage,
(h) Sediment load, or
(i) Other items which could effect the proper function of the structure.
(4) Description of needed maintenance.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-310 - Criteria for Implementation of a Stormwater Utility

Current through Register Vol. 48, No. 6, June 28, 2024
The implementation of a stormwater utility will necessitate the development of a local utility ordinance or special taxing assessment prior to its implementation, pursuant to Chapter 9, Title 4, 1976 Code of Laws as amended by Act 114 1991. There are essential components that an ordinance must contain to function as a funding mechanism for stormwater management and those components shall include, but not be limited to, the following items:
A. The financing of a stormwater utility with a user charge system must be reasonable and equitable so that each user of the stormwater system pays to the extent to which the user contributes to the need for the stormwater system, and that the charges bear a substantial relationship to the cost of the service. The use of county and municipal taxpayer rolls and accounting systems are allowed for the assessment and collection of fees.
B. The intent of the utility must be clearly defined regarding program components that are to be funded through the utility. Those components may include but not be limited to the following activities:
(1) Preparation of comprehensive watershed master plans for stormwater management,
(2) Annual inspections of all stormwater management facilities, both public and private,
(3) Undertaking regular maintenance, through contracting or other means, of stormwater management structures that have been accepted for maintenance.
(4) Plan review and inspection of sediment control and stormwater management plans and practices, and
(5) Retrofitting designated watersheds, through contracting or other means, to reduce existing flooding problems or to improve water quality.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-311 - Plan Review and Inspector Certification Programs

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission shall require that local governments which request delegation of stormwater management and sediment control plan review and approval/disapproval shall have a Certified Plan Reviewer representing the implementing agency. Certified Plan Reviewers shall obtain certification from the Commission by successfully completing a Commission sponsored or approved training program. Exceptions to this requirement are limited to Registered Professional Engineers, Registered Landscape Architects and Registered Tier B Land Surveyors who can receive initial certification by demonstrating to the Commission a minimum of three (3) years experience in stormwater management and sediment control planning and design.
For a period of one year after the effective date of these regulations, local governments may receive interim certification for plan reviewers during the period before attendance at a Commission sponsored or approved training course by submitting an enrollment form to the Commission. Interim certification shall be valid until the scheduled date of attendance.
B. The Commission shall require that local governments which request delegation of the construction and maintenance inspection component of the stormwater management and sediment control program shall have a Certified Construction Inspector representing the implementing agency. Certified Construction Inspectors shall obtain certification from the Commission by successfully completing a Commission sponsored or approved training program.
For a period of one year after the effective date of these regulations, local governments may receive interim certification for construction inspectors during the period before attendance at a Commission sponsored or approved training course by submitting an enrollment form to the Commission. Interim certification shall be valid until the scheduled date of attendance.
C. Initial certification as a Certified Plan Reviewer or Certified Construction Inspector is good for a period of five years. Recertification is contingent on attending and successfully completing a Commission sponsored or approved recertification program. This continuing education requirement applies to all Certified Plan Reviewers, including, Registered Engineers, Landscape Architects, Tier B Land Surveyors and Construction Inspectors.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-312 - Review and Enforcement Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Items listed in this section are activities by the Commission in the event the Commission serves as the implementing agency. When the Commission is requested to assist the implementing agency, these are suggestions the Commission may submit to the implementing agency.
B. The person responsible for the land disturbing activity shall notify the appropriate inspection agency before initiation of construction and upon project completion when a final inspection will be conducted to ensure compliance with the approved stormwater management and sediment control plan.
C. The person responsible for the land disturbing activity shall, if required by the implementing agency during the plan approval process, submit "As Built or Record Document" plans. In addition, the person responsible for the land disturbing activity may be required to submit written certification from the professional engineer, landscape architect, or Tier B land surveyor responsible for the field supervision of the land disturbing activity that the land disturbing activity was accomplished according to the approved stormwater management and sediment control plan or approved changes.
D. The responsible inspection agency shall, for inspection purposes, do all of the following items:
(1) Ensure that the approved stormwater management and sediment control plans are on the project site and are complied with;
(2) Ensure that every active site is inspected for compliance with the approved plan on a regular basis;
(3) Provide the person responsible for the land disturbing activity, a written report after every inspection that describes:
(a) The date and location of the site inspection;
(b) Whether the approved plan has been properly implemented and maintained;
(c) Approved plan or practice deficiencies; and
(d) The action taken.
(4) Notification of the person responsible for the land disturbing activity in writing when violations are observed, describing the:
(a) Nature of the violation;
(b) Required corrective action; and
(c) Time period for violation correction.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-313 - Hearings and Hearings Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. An administrative hearing is available, following a timely request, to determine the propriety of:
(1) The denial of delegation of a program component.
(2) A revocation of a delegated program component.
(3) A denial or revocation of a permit for stormwater management and sediment control.
(4) A citizen complaint concerning program operation.
(5) The requirements imposed by the implementing agency for approval of the stormwater management and sediment reduction plan.
(6) The issuance of a notice of violation or non-compliance with the approved stormwater management and sediment reduction plan.
(7) The issuance of fines by an implementing agency.
(8) The issuance of a stop work order by an implementing agency.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-314 - Citizen Complaint Procedure on Delegated Program Components and Individual Sites

Current through Register Vol. 48, No. 6, June 28, 2024
A. Persons may become aggrieved by land disturbing activities and program implementation. The following describes the procedure for a person to complain concerning program operation:
(1) If the program component in question has been delegated to a local implementing agency, the complaint shall be registered first in writing with that agency. An attempt to resolve the problem shall be made with the local implementing agency.
(2) In the event a solution can not be reached, the citizen may forward the complaint to the Commission for review. The Commission shall attempt to resolve the problem with the implementing agency and notify the citizen of the outcome of these efforts.
(3) If the Commission determines, based on complaints indicating a continuing pattern, that implementation of delegated program elements falls below the acceptable standards established by these regulations, the Commission may suspend or revoke the delegation in accordance with R.72-304L.
(4) All complaints filed with the Commission shall be held for a period of three years and will be considered when delegation renewal is requested by the local government.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-315 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
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 Commission 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 commission, 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.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 3 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-316 - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
If any section, subsection, sentence, clause, phrase, or portion of these regulations are for any reason held invalid or unconstitutional by any court or competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions of these regulations.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-405 - Scope

Current through Register Vol. 48, No. 6, June 28, 2024
A. All land disturbing activities under the jurisdiction of the Department must be performed in a manner that erosion is controlled and sediment is retained on the site concerned to the maximum extent feasible and stormwater is managed in a manner such that neither any significant on-site nor off-site damage and/or problem is caused or increased.
B. All construction or maintenance plans prepared by or for the Department must include designs to manage stormwater runoff and control erosion and sedimentation using state-of-the-art practices.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-410 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in these regulations, the following terms shall have the meanings as indicated below:
1. "Commission" means the South Carolina Land Resources Conservation Commission.
2. "Department" means the South Carolina Department of Highways and Public Transportation.
3. "Easement" means a grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.
4. "Erosion" means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
5. "Erosion and Sediment Control" means the control of solid material, both mineral and organic, during a land disturbing activity to prevent its transport out of the disturbed area by means of air, water, gravity, or ice.
6. "Exemption" means those land disturbing activities that are not subject to the sediment and stormwater requirements contained in these regulations.
7. "Infiltration" means the passage or movement of water through the soil profile.
8. "Land Disturbing Activity" means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff.
9. "Nonerodible" means a material, e.g., riprap, concrete, plastic, etc., that will not experience surface wear due to natural forces.
10. "Person" means any State or federal agency, individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or other political subdivision of this State, any interstate body or any other legal entity.
11. "Sediment" means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin.
12. "Stabilization" means the prevention of soil erosion by surface runoff or wind through the establishment of a soil cover through the implementation of vegetative or structural measures.
13. "Stormwater Management" means, for:
(a) quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
(b) qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-415 - Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any highway maintenance activity which disturbs less than five acres.
B. Any land disturbing activity conducted pursuant to a construction activity which disturbs less than five acres.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-420 - Activities Requiring Site Specific Plans

Current through Register Vol. 48, No. 6, June 28, 2024
A. Land disturbing activity associated with any highway construction or maintenance project not specifically exempted in these Regulations.
B. Land disturbing activity conducted for any reason under an encroachment permit, by easement or on right of way on lands under the jurisdiction of the Department.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-425 - Specific Design Criteria, Minimum Standards and Specifications

Current through Register Vol. 48, No. 6, June 28, 2024
A. General submission requirements for all projects requiring site specific stormwater management and sediment control plans will include the following information as applicable:
(1) A standard application form,
(2) A vicinity map indicating north arrow, scale, and other information necessary to locate the project,
(3) A plan at an appropriate scale accompanied by a design report and indicating at least:
(a) The existing and proposed topography.
(b) The proposed grading and earth disturbance including:
1. Surface area involved; and
2. Limits of grading including limitation of mass clearing and grading whenever possible.
(c) Erosion and sediment control provisions, including:
1. Provisions to preserve top soil and limit disturbance;
2. Details of site grading; and
3. Design details for structural controls which includes diversions and swales.
(d) The plans must be sealed by a qualified design professional and certified that the plans have been designed in accordance with the requirements of these regulations.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-430 - Department Responsibilities

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department shall file with the Commission, a copy of the sediment reduction and stormwater management plan, in accordance with R.72-420A, for each construction and maintenance activity as required by these regulations.
B. The Department shall inspect all stormwater management and erosion and sediment control practices at least once every seven (7) calendar days and after any storm event of greater than 0.5 inches of precipitation during any twenty-four hour period.
C. The Department shall require that additional practices be implemented in the event that the practices included in the stormwater management and sediment control plan are not sufficient to adequately control erosion, sedimentation and stormwater runoff.
D. After a project has been completed and accepted in its entirety, the Department's Maintenance Forces must maintain the areas with top priority being to take the necessary steps to insure the continuance of proper erosion and sediment control and stormwater management measures as may be needed to prevent on-site and off-site damages or contamination of watercourses or impoundments.
E. Each Resident Maintenance Engineer must prepare an inventory of existing erosion, sedimentation and stormwater problem areas. This list must be kept current and updated as conditions change. The Resident Maintenance Engineer, in conjunction with the District Office Personnel, must set priorities on the inventory and make the necessary corrections as time and funds permit.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-435 - Commission Responsibilities

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission shall retain the plan six months after completion of the project.
B. The Commission has the responsibility to investigate any complaint of violation against the Department for violating the plans submitted.
C. The Commission shall contact the Department to resolve any complaint. If the Commission and Department can not resolve the problem, the complainant may follow the procedure listed in R.72-440.
D. The Commission shall provide assistance with plan development, inspection, and enforcement as requested by the Department.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-440 - Hearing and Complaint Procedure

Current through Register Vol. 48, No. 6, June 28, 2024
A. An administrative hearing is available, following a timely request, to determine the propriety of:
(1) A citizen complaint concerning program operation.
(2) A contractor complaint concerning program operation.
South Carolina Code of Regulations › Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION › Article 4 - STANDARDS FOR STORMWATER MANAGEMENT AND SEDIMENT REDUCTION › Section 72-445 - Inspection and Enforcement

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission may periodically inspect land disturbing activities performed pursuant to 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.
B. Upon completion, the Department shall notify the Commission of the completion and acceptance of the project.
C. In the event the Commission finds that a land disturbing activity is not being performed in accordance with the submitted stormwater management and sediment control plan, the Commission may 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.
D. Complaints from any party shall be investigated by the Commission.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 1 - IMPLIED CONSENT TEST › Section 73-1 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. SLED. The term "SLED" shall mean the South Carolina Law Enforcement Division.
B. Chemical Analysis. The term "chemical analysis" shall mean a chemical analysis of a person's breath to determine alcohol concentration.
C. Alcohol Concentration. The term "alcohol concentration" shall mean the number of grams of alcohol for each one hundred milliliters of blood by weight or the number of grams of alcohol for each two hundred and ten liters of breath by weight.
D. Breath-Testing Device. The term "breath-testing device" shall mean an instrument for making a chemical analysis and giving the resultant alcohol concentration based on an alveolar air/blood ratio of 2.100:1.
E. Breath Test Operator. The term "breath test operator" shall mean an individual currently holding a valid permit from SLED to perform chemical analysis, of the type set forth within the permit, under the provisions of Sections 23-31-410, 50-21-114, 55-1-100, 56-1-286, 56-1-2130, and 56-5-2950 Code of Laws of South Carolina, 1976, as amended.
F. Videotaping System. The term "videotaping system" shall mean the video equipment, audio equipment, and related hardware used to record breath tests.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 1 - IMPLIED CONSENT TEST › Section 73-2 - Methods of Making Chemical Analyses

Current through Register Vol. 48, No. 6, June 28, 2024
A. Methods. SLED shall approve such methods of performing chemical analysis as are demonstrated to the satisfaction of SLED to produce accurate and reliable determinations of alcohol concentration in a reasonable, convenient, and efficient manner.
B. Breath-Testing Devices. SLED hereby approves the method of performing chemical breath analysis to determine alcohol concentration by using breath-testing devices. SLED will consider for approval only devices that first have been tested and approved for their accuracy and reliability by the National Highway Traffic and Safety Administration of the United States Department of Transportation. All approved devices will be specified in the SLED Policy and Procedures Manual.
C. Certifications. SLED shall certify each breath-testing device. This certification shall include the calibration of the device with an external standard and the verification of the device's calibration with an internal and or external standard. Whenever a breath-testing device is certified, this certification will also constitute an inspection of the breath-testing device. For an instrument whose testing station is a mobile van, once the instrument is certified for use in the van, it remains certified regardless of the physical location of the van. Additionally, the certification tests and certification do not have to be repeated if the instrument and or its software are upgraded.
D. Inspections. SLED shall inspect each certified breath testing device (either remotely via computer modem or on-site) at least once every three months. In addition, an inspection is performed after any repair is completed. This inspection shall include the verification of the device's calibration with an internal and/or external standard. The inspection may begin before three months has elapsed and not be completed until after the three-month period. In this case, the time lapse between inspections may exceed three months. This occurrence is acceptable as long as no subject tests are performed until the inspection is completed. Therefore, at least one SLED inspection must be performed in the three months before a subject test. Failure to have an inspection within the required time does not cause revocation of certification for that instrument but signifies that proper procedures for that time were not followed.
E. Records. Certification, inspection, and database records shall be maintained by SLED for a minimum of five years. However, the accidental/unavoidable loss of data does not invalidate any breath tests.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 1 - IMPLIED CONSENT TEST › Section 73-2.1 - Suggested Procedures for Obtaining and Handling Blood and Urine Samples

Current through Register Vol. 48, No. 6, June 28, 2024
A. Obtaining and Handling Blood and Urine Samples. The South Carolina Law Enforcement Division (SLED) recommends the following procedures by which blood and urine samples are to be obtained and handled if such samples are taken from persons arrested for DUI (1976 Code 56-5-2930 or 56-5-2950, as amended) and are taken under authority of 1976 Code 56-5-2950, as amended. Other procedures that meet appropriate medical standards are acceptable as well.
B. Reimbursement Procedures. The cost for obtaining a urine or blood sample shall be set by the Chief of SLED. Reimbursement for obtaining samples shall be made by mailing a copy of the SLED Urine/Blood Collection Report form for each sample collected. More than one collection report may be submitted with each invoice.
C. Suggested Procedures for Obtaining and Handling Urine Samples by Individuals so Authorized, Using Appropriate Collection Materials.
Note: Step 2 should be performed in view of subject and a witness of same sex.
1. Take an unused, uncontaminated container and remove cap or lid.
2. Hand the container to subject with instructions to fill container.
3. Have subject immediately return filled urine container. Replace cap or lid on container and tighten down to prevent leakage.
4. Label container with the following information: Name of subject, time and date of sample collection, and name of person collecting sample.
5. Place a piece of tape across cap or lid and seal to sides of container. Person sealing container should initial tape.
6. Fill out all information on Urine/Blood Collection Report Sheet.
7. As soon as possible after specimen collection, deliver sealed sample and Urine/Blood Collection Report to SLED Chemistry Laboratory for analysis.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 1 - IMPLIED CONSENT TEST › Section 73-3 - Certification of Breath Test Operators

Current through Register Vol. 48, No. 6, June 28, 2024
A. Duty of the Chief of SLED. The Chief of SLED shall certify breath test operators. In addition, the Chief shall issue, deny, renew, terminate, or revoke certifications of individuals to perform chemical analysis because of standards herein set forth.
B. Ability and Good Character. Permits shall be granted to individuals who (1) demonstrate the ability to perform chemical analyses accurately and reliably in accordance with a method or methods approved by SLED; (2) offer satisfactory proof of good character to the Chief of South Carolina Law Enforcement Division.
C. Course of Instruction. Individuals successfully completing courses held by the South Carolina Law Enforcement Division on chemical tests for intoxication, with a minimum number of course hours and with a curriculum approved in consultation with the Chief or his designated representative, shall be deemed to have demonstrated sufficient ability to qualify for the issuance of a permit. SLED may accomplish part of its statutory responsibilities by administratively delegating the training of breath test operators to the South Carolina Criminal Justice Academy.
D. Limitation of Permits. Permits may be limited in scope to the methods or devices for performing chemical analysis to those in which individual applying for a permit has demonstrated competence.
E. Terms/Conditions of Permits. Permits shall state the date upon which they are to expire, which date shall in no event be longer than twenty-four months from the date of issuance. Permits shall be subject to renewal at expiration, or at such time before expiration as is convenient for the Chief of SLED. The breath test operator may be required to show continuing ability to perform accurate and reliable chemical analysis and renewed proof of good character, if desired by the Chief of SLED. The Chief of SLED or his representative may at any time examine operators to determine such continuing ability. Permits shall be terminated or revoked by the Chief of SLED upon his finding that the breath test operator does not meet, or no longer meets, the qualifications necessary for the issuance of a permit.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 1 - IMPLIED CONSENT TEST › Section 73-5 - Videotaping at Breath-Test Sites

Current through Register Vol. 48, No. 6, June 28, 2024
A. Methods. SLED will approve such methods for performing videotaping that are demonstrated to the satisfaction of SLED to produce quality reproductions in a reasonable, convenient, and efficient manner.
B. Videotaping Systems. SLED will consider for approval only videotaping systems that have been approved for their quality and reliability by SLED. All approved systems will be specified in the SLED Policy and Procedures Manual.
C. Certifications. Pursuant to Section 56-5-2953, SLED will equip all SLED certified breath-testing sites with videotaping systems. SLED shall certify each videotaping system for recording breath tests. Videotaping systems, not certified by SLED, may be used only until SLED certified videotaping systems are installed. To obtain certification, a videotaping system must provide quality playback of a recording. Whenever a videotaping system is certified, this certification will also constitute an inspection of the videotaping system. For a videotaping system whose testing station is a mobile van, once the videotaping system is certified for use in the van, it remains certified regardless of the physical location of the van.
D. Inspections. SLED shall inspect every certified videotaping system on-site at least once every twelve months. However, the inspection may begin before twelve months has elapsed and not be completed until after the twelve-month period. In this situation, the time lapse between inspections may exceed one year. This occurrence is acceptable as long as no subject recordings are performed until the inspection is completed. Therefore, at least one SLED inspection must be performed in the twelve months before a subject recording. Failure to have an inspection within the required time does not cause revocation of certification for that videotaping system but signifies that proper procedures for that time were not followed.
E. Records. Certification and inspection records shall be maintained by SLED for a minimum of five years. However, the accidental/unavoidable loss of these records does not invalidate any videotape recordings or breath test results.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 2 - ACCIDENT FATALITIES-BLOOD SAMPLES › Section 73-10 - Procedures for Collection of Legal Blood Samples

Current through Register Vol. 48, No. 6, June 28, 2024
1. Clean the venipuncture site with a non-alcoholic skin prep, soap and water is preferred. Remember that some antiseptic skin preps contain alcohol as a solvent.
2. Withdraw seven (7) cc. of blood and place in the tube provided. These tubes have heparin as an anti-coagulant. Also place one-half ( 1/2 #) ounce or more of urine in plastic container. Be sure to label tube and plastic container with deceased's name.
3. Cap the tube and mix well with the anti-coagulant.
4. The Coroner is to sign the form on the line designated and the person who withdrew the sample(s) is to sign in the space provided.
5. Blood, urine, and other samples are to be wrapped securely in cotton or paper (or other suitable material) and placed in the mailing container that is provided. Refrigerate, do not freeze if mailing is to be delayed.
6. Mail or bring the sample(s) to SLED, Post Office Box 21398, Columbia, South Carolina 29221 and mark to the attention of the CHEMISTRY LABORATORY.
South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 3 - CRIMINAL INFORMATION AND COMMUNICATION › Subarticle I - COMPUTERIZED CRIMINAL HISTORY › Section 73-21 - Organization, Purpose, and Function of Departments

Current through Register Vol. 48, No. 6, June 28, 2024
A. The State Law Enforcement Division Criminal Justice Information System, known as SLED/CJIS, acting as the State's central criminal justice information repository shall collect, process, and store criminal justice information and records necessary to the operation of the criminal justice information system of the State Law Enforcement Division. The SLED/CJIS is comprised of the State Crime Information Center (SCIC) which includes the Computerized Criminal History (CCH) department, the Criminal Records Department, and such other departments as may be deemed necessary.
(1) The Computerized Criminal History (CCH) Department has the responsibility for converting manual criminal history record information to computerized data. The mission of the computerized criminal history unit is to serve criminal justice agencies and to assist non-criminal justice agencies throughout the State and nation by providing current criminal history record information. Conversion of existing computerized criminal history will be compatible with established concepts and operating policies of the Federal Bureau of Investigation's National Crime Information Center (NCIC) to enable an accurate exchange of criminal history data. The five segments comprising an offender's Criminal History Record Information are:
(a) identification segment
(b) identification add-on segment
(c) arrest segment
(d) judicial segment
(e) custody/supervision segment
South Carolina offense codes are assigned to each specific charge. The offense codes must meet State and national requirements for the entering of criminal history data.