reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2135 - Conditions for Use of Multi-term Contracts

Current through Register Vol. 48, No. 6, June 28, 2024
A. General.
A multi-term contract is a contract for the acquisition of
				supplies, services, or information technology for more than one year. A
				contract is not a multi-term contract if no single term exceeds one year and
				each term beyond the first requires the governmental body to exercise an option
				to extend or renew. A multi-term contract is appropriate when it is in the best
				interest of the State to obtain uninterrupted services for a period in excess
				of one year, where the performance of such services involves high start up
				costs, or when a changeover of service contracts involves high phase in/phase
				out costs during a transition period. The multi-term method of contracting is
				also appropriate when special production of definite quantities of supplies for
				more than one year is necessary to best meet state needs but funds are
				available only for the initial fiscal period. Special production refers to
				production for contract performance when it requires alteration in the
				contractor's facilities or operations involving high start up costs.
B. Objective.
The objective of the multi-term contract is to promote economy
				and efficiency in procurement by obtaining the benefits of sustained volume
				production and consequent low prices, and by increasing competitive
				participation in procurements which involve special production with consequent
				high start-up costs and in the procurement of services which involve high
				start-up costs or high phase-in/phase-out costs during changeover of service
				contracts.
C. Exceptions.
This Regulation 19-445.2135 applies only to contracts for
				supplies, services, or information technology and does not apply to contracts
				for construction.
D.
			 Conditions for Use.
(1) A multi-term contract
			 may be used if , prior to issuance of the solicitation, the Procurement Officer
			 determines in writing that:
(a) Special
			 production of definite quantities or the furnishing of long term services are
			 required to meet state needs; or
(b) a multi-term contract will serve the best
			 interests of the state by encouraging effective competition or otherwise
			 promoting economies in state procurement.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2137 - Food Service Contracts

Current through Register Vol. 48, No. 6, June 28, 2024
Any food service contracts entered into by any governmental
				body shall be solicited by the Materials Management Office under Code Section
				11-35-1530,
				Competitive Sealed Proposals, and Regulation Regulation
				19-445.2095.
				A review panel composed of one representative each from the governmental body,
				the Materials Management Office, and the Commission on Higher Education shall
				review such proposals and approve it prior to the issuance of an award or
				notification of intent to award, whichever is earlier.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2140 - Specifications

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions.
(1) "Brand Name Specification" means a
			 specification limited to one or more items by manufacturers' names or catalogue
			 number.
(2) "Brand Name or Equal
			 Specification" means a specification which uses one or more manufacturer's
			 names or catalogue numbers to describe the standard of quality, performance,
			 and other characteristics needed to meet state requirements, and which provides
			 for the submission of equivalent products.
(3) "Qualified Products List" means an
			 approved list of supplies, services, information technology, or construction
			 items described by model or catalogue number, which, prior to competitive
			 solicitation, the State has determined will meet the applicable specification
			 requirements.
(4) "Specification"
			 means any description of the physical, functional, or performance
			 characteristics, or of the nature of a supply, service, information technology,
			 or construction item. A specification includes, as appropriate, requirements
			 for inspecting, testing, or preparing a supply, service or construction item
			 for delivery. Unless the context requires otherwise, the terms "specification"
			 and "purchase description" are used interchangeably throughout the
			 Regulations.
(5) "Specification for
			 a Common or General Use Item" means a specification which has been developed
			 and approved for repeated use in procurements.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2141 - Commercial Products

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Definitions.
(1) Commercial product has the
			 meaning stated in Section
			 11-35-1410,
			 and does not include printing or insurance.
(2) Commercially available off-the-shelf
			 product ("COTS") has the meaning stated in Section
			 11-35-1410,
			 and does not include printing or insurance.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2143 - Contract clauses and administration

Current through Register Vol. 48, No. 6, June 28, 2024
A. Contracts formed pursuant to the
			 Consolidated Procurement Code are deemed to incorporate all applicable
			 provisions thereof and the ensuing regulations.
B. Prohibited Terms. Unless otherwise
			 specifically provided by or authorized by law, if a contract contains any of
			 the following terms, the term shall be void, and the contract is otherwise
			 enforceable as if it did not contain such term or condition:
(1) Terms (a) subjecting the State of South
			 Carolina or its agencies to the jurisdiction of the courts of other states; or
			 (b) requiring the State of South Carolina or its agencies to bring or defend a
			 legal claim in a venue outside this State. (Sections
			 11-35-2050 and -4230)
(2) Terms limiting the time in which the
			 State of South Carolina or its agencies may bring a legal claim under the
			 contract to a period shorter than that provided in South Carolina law.
			 (Sections
			 11-35-4230(2)
			 and
			 15-3-140
			 )
(3) Terms imposing a payment
			 obligation, including a rate of interest for late payments, inconsistent with
			 the terms of Section
			 11-35-45.
(4) Terms that require the State to defend,
			 indemnify, or hold harmless another person. (Section
			 11-35-2050 )
(5) Terms requiring that the contract be
			 governed or interpreted by other than South Carolina law. (Section
			 11-35-2050 )
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2145 - Construction, Architect Engineer, Construction Management, and Land Surveying Services

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Definitions
(1) Designer, as used in these
			 regulations, means a person who has been awarded, through the
			 qualifications-based process set forth in Section
			 11-35-3220,
			 a contract with the State for the design of any infrastructure facility using
			 the design-bid-build project delivery method defined in Section
			 11-35-2910(6).
(2) Builder, as used in these regulations,
			 means a person who has been awarded, through competitive sealed bidding, a
			 separate contract with the State to construct (alter, repair, improve, or
			 demolish) any infrastructure facility using the design-bid-build project
			 delivery method defined in Section
			 11-35-2910(6).
(3) Design-Builder, as used in these
			 regulations, means a person who has been awarded a contract with the State for
			 the design and construction of any infrastructure facility using the
			 design-build project delivery method defined in Section
			 11-35-2910(7).
(4) DBO Producer, as used in these
			 regulations, means a person who has been awarded a contract with the State for
			 the design, construction, operation, and maintenance of any infrastructure
			 facility using the design-build-operate-maintain project delivery method
			 defined in Section
			 11-35-2910(9).
(5) DBFO Producer, as used in these
			 regulations, means a person who has been awarded a contract with the State for
			 the design, construction, finance, operation, and maintenance of any
			 infrastructure facility using the design-build-finance-operate-maintain project
			 delivery method defined in Section
			 11-35-2910(8).
(6) Guaranteed Maximum Price (GMP) means a
			 price for all costs for the construction and completion of the project, or
			 designated portion thereof, including all construction management services and
			 all mobilization, general conditions, profit and overhead costs of any nature,
			 and where the total contract amount, including the contractor's fee and general
			 conditions, will not exceed a guaranteed maximum amount.
(7) Independent Peer Reviewer means a person
			 who has been awarded a contract with the State for an independent,
			 contemporaneous, peer review of the design services provided to the State by a
			 DBO or DBFO Producer. In the event the State does not elect to contract with
			 the Independent Peer Reviewer proposed by the successful DBO or DBFO Producer,
			 the Independent Peer Reviewer shall be selected as provided in Section
			 11-35-2910(11).
(8) Operator, as used in these regulations,
			 means a person who has been awarded, through competitive sealed bidding, a
			 separate contract with the State for the routine operation, routine repair, and
			 routine maintenance (Operation and Maintenance) of any infrastructure facility,
			 as defined in Section
			 11-35-2910(13).
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2150 - Surplus Property Management

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Definition, Authority and Mission.
(1)
			 Definition.
Surplus property is all State-owned supplies and equipment, not
				in actual public use, with remaining useful life and available for disposal.
				This definition and the ensuing regulations exclude the disposal of solid and
				hazardous wastes as defined by any federal, state or local statutes and
				regulations. Property so defined as solid or hazardous waste shall not be
				relocated, nor title assumed under the authority of these regulations.
(2) Authority.
The disposition of all surplus property shall be conducted by
				the General Service Division's Surplus Property Management Office (SPMO) at
				such places and in such manner determined most advantageous to the State,
				except as defined in Section
				11-35-1580
				of the Procurement Code. All government bodies must identify surplus items and
				declare them as such, and report them in writing to the SPMO within one hundred
				and eighty (180) days from the date they become surplus. The SPMO shall deposit
				the proceeds from such disposition, less expense of the disposition, in the
				State's General Fund unless a government body makes a written request to retain
				such proceeds, less cost of disposition, for the purchase of like kind property
				and the SPMO, or his designee, approves such request.
(3) Mission.
The primary mission of the Surplus Property Management Office
				shall be to receive, warehouse and dispose of the State's surplus property in
				the best interest of the State. The central warehousing of State surplus
				property will allow all State governmental bodies and other political
				subdivisions one location to acquire needed property.
The purpose of this program is to provide the following:
1. elimination of costs related to the
			 warehousing, insurance and accounting systems necessary to fulfill an agency's
			 surplus property responsibility,
2.
			 maximization of proceeds by disposing of property as soon as possible after it
			 becomes excess to an agency's needs,
3. establishment of priorities in the
			 disposal process that encourage keeping assets in public use as long as
			 possible,
4. conversion of unneeded
			 fixed assets into available funds on a timely basis .
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2152 - Leases, Lease/Payment, Installment Purchase, and Rental of Personal Property

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Justification. A governmental body proposing to enter into an agreement other
			 than an outright purchase is responsible for the justification of such action.
			 Lease, lease/purchase, installment purchase, or rental agreements are subject
			 to the procedures of the Procurement Code and these Regulations.
B. Procedures. Upon written justification by
			 the procurement officer of the governmental body of such alternate method, the
			 following procedures will be followed:
(1) The
			 State of South Carolina Standard Equipment Agreement will be used in all cases
			 unless modifications are approved by the Director of the Division of
			 Procurement Services or his designee. A purchasing agency may enter into an
			 agreement for the rental of equipment without using the Standard Equipment
			 Agreement when the agreement has a total potential value of fifteen thousand
			 dollars or less or the agreement does not exceed ninety days in
			 duration.
(2) Installment purchases
			 will require the governmental body to submit both a justification and purchase
			 requisition to the appropriate chief procurement officer or his designee for
			 processing.
(3) All lease/purchase
			 and installment sales contracts must contain an explicitly stated rate of
			 interest to be incurred by the State under the contract.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2155 - Intergovernmental Relations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Selective
			 Mandatory Opting.
As provided in the solicitation, local political subdivisions
				such as counties, municipalities, school districts, public service or special
				purpose districts and the Federal Government may purchase from or through the
				State at any time. When the appropriate chief procurement officer determines
				prior to establishment of a contract that localities must mandatorily opt in or
				out of the contract, the following procedures shall be followed:
(1) Sixty (60) days prior to establishment of
			 a particular contract, the appropriate chief procurement officer shall publicly
			 notify local political subdivision of the mandatory opting requirement;
			 and
(2) Require local political
			 subdivisions to advise the appropriate chief procurement officer within 30 days
			 of its desire to participate in the contract.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2165 - Gifts

Current through Register Vol. 48, No. 6, June 28, 2024
A. Policy
It is the policy of the State that a governmental body
				should not accept or solicit a gift, directly or indirectly, from a donor if
				the governmental body has reason to believe the donor has or is seeking to
				obtain contractual or other business or financial relationships with the
				governmental body.
B. Future Contracts with Donors
Prior to accepting a gift, care should be taken to determine
				whether acceptance of the gift will provide the donor, directly or indirectly,
				an undue competitive advantage in subsequent procurements.
C. Definition
For purposes of this Regulation 19-445.2165, the term "donor"
				means the business donating the gift and all divisions or other organizational
				elements of the business and any principals and affiliates of the business. For
				purposes of this Regulation, business concerns, organizations, or individuals
				are affiliates of each other if, directly or indirectly, either one controls or
				has the power to control the other, or a third party controls or has the power
				to control both. Indications of control include, but are not limited to,
				interlocking management or ownership, identity of interests among family
				members, shared facilities and equipment, common use of employees, or a
				business entity organized subsequent to the gift which has the same or similar
				management, ownership, or principal employees as the business that made the
				gift. For purposes of this section, the term 'principals' means officers,
				directors, owners, partners, and persons having primary management or
				supervisory responsibilities within a business entity including, but not
				limited to, a general manager, plant manager, head of a subsidiary, division,
				or business segment, and similar positions.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2180 - Assignment, Novation, and Change of Name

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Novation agreement" is a contractual
			 amendment by which the State recognizes a successor in interest to a State
			 contract as provided in this regulation. The successor in interest assumes all
			 the obligations under the contract and the transferor, when still in existence,
			 typically guarantees the performance of the contract by the
			 transferee.
B. No Assignment.
No State contract is transferable, or otherwise assignable,
				without the written consent of the Chief Procurement Officer, the head of a
				purchasing agency, or the designee of either; provided, however, that a
				contractor may assign monies receivable under a contract after due notice from
				the contractor to the State.
C. Recognition of a Successor in Interest;
			 Novation.
When in the best interest of the State, a successor in interest
				may be recognized in a novation agreement in which the transferor and the
				transferee shall agree that:
(1) the
			 transferee assumes all of the transferor's obligations;
(2) the transferor waives all rights under
			 the contract as against the State; and
(3) unless the transferor guarantees
			 performance of the contract by the transferee, the transferee shall, if
			 required, furnish a satisfactory performance bond.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-446 - Representation in Proceedings

Current through Register Vol. 48, No. 6, June 28, 2024
Persons not licensed to practice law in South Carolina,
				including laypersons, Certified Public Accountants, attorneys licensed in other
				jurisdictions, persons possessing Limited Certificates of Admission,
				architects, and engineers, may appear and represent clients in protests,
				contract disputes and other proceedings before the Chief Procurement
				Officers.
Statutory Authority: 1976 Code Section
				  11-35-540
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.1 - Scope of Duties

Current through Register Vol. 48, No. 6, June 28, 2024
A. Scope.
			 Unless expressly exempted, a permit issued by the Department of Health and
			 Environmental Control is required for any dredging, filling or construction or
			 alteration activity in, on, or over a navigable water, or in, or on the bed
			 under navigable waters, or in, or on lands or waters subject to a public
			 navigational servitude under Article 14 Section 4 of the South Carolina
			 Constitution and 49-1-10 of the 1976 S.C. Code of Laws including submerged
			 lands under the navigable waters of the state, or for any activity
			 significantly affecting the flow of any navigable water.
B. General Duties of the Department of Health
			 and Environmental Control. For purposes of administering these procedures, the
			 Department of Health and Environmental Control shall serve as the permitting
			 agency, responsible for obtaining and evaluating the views of all relevant
			 agencies and persons, and taking such administrative actions as are appropriate
			 to advise agencies, applicants and others concerning the procedures. The
			 Department shall determine whether the permit should be granted or denied or
			 made subject to any particular condition not provided in these
			 regulations.
C. General
			 Responsibilities of Applicant
1. An applicant
			 who seeks a permit from the Department under these regulations is responsible
			 for establishing that the proposed activity is consistent with these
			 regulations, and for providing to the commenting agencies and the Department
			 the information that may be required to make that determination with reasonable
			 certainty. Failure to respond or provide requested information may result in
			 the denial of the permit.
2.
			 Applicants contemplating major projects are encouraged to contact the
			 Department prior to submitting a formal application for a permit. The
			 Department will advise the applicant of the procedures, requirements, and areas
			 of regulatory concern, and in appropriate cases may convene an interagency
			 meeting to assist and guide the applicant in the preparation of the permit
			 application.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Board means the
			 Board of Health and Environmental Control.
B. Department means the South Carolina
			 Department of Health and Environmental Control.
C. Navigable waters means those waters which
			 are now navigable, or have been navigable at any time, or are capable of being
			 rendered navigable by the removal of accidental obstructions, by rafts of
			 lumber or timber or by small pleasure or sport fishing boats. Navigability
			 shall be determined by the Department.
D. Lands and waters subject to a public
			 navigational servitude means those lands below the mean high water line in
			 tidally influenced areas, or below the ordinary high water mark of any nontidal
			 navigable waterway of the state.
E.
			 Mean high water line means that line which intersects with the shore
			 representing the average height of high waters over an 18.5 year tidal cycle.
			 Benchmarks purporting to have established mean high or low water values must be
			 verified by the Department as meeting State and National Ocean Survey
			 Standards.
F. Ordinary high water
			 mark means the natural or clear line impressed on the shore or bank in nontidal
			 waters representing the ordinary height of water therein. It may be determined
			 by bank shelving, changes in the character of the soil, destruction or absence
			 of terrestrial vegetation, the presence of litter or debris, or a combination
			 of the above or other appropriate criteria that consider the characteristics of
			 the surrounding area.
G. Feasible
			 (feasibility) is determined by the Department and is based upon the best
			 available information, including but not limited to technical input from the
			 agencies, and consideration of economic, environmental, social and legal
			 factors bearing on the suitability of the proposed activity and its
			 alternatives. It includes the concepts of reasonableness and likelihood of
			 success of achieving the purpose. "Feasible alternatives" applies to both
			 locations or sites and to methods of design or construction and includes a "no
			 action" alternative.
H. Person
			 means any individual, organization, association, partnership, business trust,
			 estate trust, corporation, public or municipal corporation, county, local
			 government unit, public or private authority and shall include the federal
			 government and its agencies and political subdivisions, the State of South
			 Carolina, its political subdivision, and all its departments, boards, bureaus
			 or other agencies.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.5 - Application Procedure to Obtain Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. Preliminary Interagency Meeting. The
			 Department may convene at any time a meeting of commenting agencies and the
			 applicant to provide assistance to the applicant, to explain the statutory
			 requirements and areas of agency concern, to provide a preliminary review of
			 the proposal, or to otherwise expedite the administrative aspects of filing an
			 application for a permit.
B.
			 Proposed Activity Requiring Only State Construction in Navigable Waters
			 Permits. Except for applications filed with federal agencies described below,
			 applications for a state permit shall be made to the Department on forms
			 provided by the Department containing, but not limited to:
1. the name and address of the
			 applicant;
2. the location of the
			 proposed activity, including the navigable stream where the construction or
			 activity is contemplated. An appropriate map of the area should be
			 included;
3. a brief description of
			 the proposed activity, its purpose and intended use, including a drawing of the
			 type of structures and method of construction including a drawing of the type
			 of structures and method of construction including size
			 specifications;
4. a plan and
			 elevation drawing showing the general and specific site locations and character
			 of all proposed activities including the size relationship of the proposed
			 structures to the size of the impacted waterway and depth of water in the area
			 and the distance of encroachment of the activity into the water. A handdrawn
			 sketch showing the size and shape of the structure and a location map will be
			 considered sufficient detail for docks, piers, boardwalks or bulkheads without
			 fill and extending no more than fifty (50) feet from the shoreline;
5. evidence of ownership or the consent of
			 the owners of the adjacent high land on which any part of the projected
			 activity will be located;
6.
			 certification that the applicant has or will publish a notice describing the
			 application in a newspaper of general or local circulation in the county where
			 the encroachment is sought one time. Proof of the publication shall be
			 furnished promptly, and the notice by the applicant shall be in the
			 substantially the following form:
PUBLIC NOTICE
(Applicant) has applied to the South Carolina Department of
				Health and Environmental Control for a Construction in Navigable Waters Permit
				to (brief description of work) for (public/private) use in (name and location
				of waterbody). Comments will be received by South Carolina Department of Health
				and Environmental Control at 2600 Bull St., Columbia, SC, 29201, ATTN: Division
				of Water Quality and Shellfish Sanitation, until (insert date -15 days from
				date of this notice).
7.
			 When considered appropriate by the Department, additional information may be
			 required.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.6 - Review of Permit Application and Comment by State Agencies

Current through Register Vol. 48, No. 6, June 28, 2024
A. Review by
			 Agencies
1. State agencies commenting on
			 permit applications are collectively responsible for providing to the
			 Department a total assessment of the impact of any proposed work affecting
			 navigable waters, stream beds, submerged lands or other lands or waters within
			 the state's jurisdiction. Each agency is individually responsible for a
			 specific area or field of review based on that agency's statutory
			 responsibilities or primary interests as they relate to the protection or
			 development of the State's natural resources. Within its area of statutory
			 responsibility or primary interest, each agency is to identify the advantages
			 and disadvantages of the project on the lands and waters of the state and to
			 provide an assessment of the relative merits of the proposed activity whether
			 environmentally harmless or not.
2.
			 An agency which comments on a proposed activity that requires a permit under
			 these regulations is responsible for presenting and supporting the comments and
			 objections, if any, made by that agency during any administrative or judicial
			 proceedings growing out of the permitting process.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.7 - Procedure if Agency Objects to Activity Requiring State Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. Conciliation of
			 Agency Objections
1. Within thirty (30) days
			 of notification of a permit application, or any extension thereof, an agency
			 objecting to or intending to object to a projected activity shall notify the
			 Department and the applicant of the specific objection(s) of the agency, the
			 reasons for the objection and the supporting grounds for the objection. When
			 the permit application raises complex issues or more than one agency objects,
			 the Department shall coordinate the conciliation process. If only one agency
			 objects, the Department shall inform the applicant that he is responsible for
			 meeting with the agency and considering how the objection might be reconciled.
			 The applicant and the objecting agency are primarily responsible for the
			 conciliation process, but the Department may support and assist their efforts
			 to conciliate and resolve their differences.
2. In the reconciliation process, the agency
			 and the applicant shall consider how the objections might be reconciled by: (a)
			 avoiding the adverse impact by not taking a certain action or parts thereof;
			 (b) minimizing the adverse impact by limiting the degree or magnitude of the
			 action or its implementation; (c) rectifying the objection by repairing,
			 rehabilitating or restoring the affected area; and (d) reducing or eliminating
			 the impact over time by preservation and maintenance operations during the life
			 of the permitted activity. The applicant shall provide any additional
			 information reasonably necessary to resolve the objections.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.8 - Comments by Public on Permit Application

Current through Register Vol. 48, No. 6, June 28, 2024
A. Comments From Interested Persons. Any
			 person who may be affected by the grant or denial of the permit, or the
			 conditions under which a permit may be granted, may submit, in writing,
			 comments or objections to the proposed activity to the Department. These
			 comments will be received by the Department for 15 days after a public notice
			 is published in a newspaper by the applicant or within thirty (30) days after
			 public notice of the proposed activity is distributed by federal or state
			 agencies, whichever is later. The comments may include a request that the
			 commentor be notified of the initial decision. The comments of interested
			 persons shall be public records available to the applicant and all interested
			 persons and the applicant may respond to them.
B. Public Informational Hearings. The
			 Department may hold public hearings if such hearing are deemed necessary to
			 receive information from the public or obtain local public comment and whenever
			 twenty (20) or more individual written requests are received during the public
			 comment period. The hearings shall be held after at least fifteen (15) days
			 notice and whenever possible, in the county where the project is to be located.
			 Besides an oral presentation, a copy of the comments and the supporting
			 material should be submitted in writing, or if not in writing a summary of the
			 comments received be prepared by the Department for inclusion in the record.
			 Written comments on the matters raised at the Public Informational Hearing may
			 be made within 15 days of that hearing.
C. Application and Related Documents
			 Available to Public. The application for a permit, any amendments thereto, any
			 official comments on the application by agencies or comments by the public
			 including joint or individual statements of objections, any notice of failure
			 of conciliation, any proposal for replacement or compensation for unavoidable
			 detriments, and any comments thereto, all records and statements from the
			 public informational hearing and comments thereon and all extensions of time
			 and other scheduling matters and the decision by the Department, and all
			 similar documents filed with the Department shall be available to the public as
			 provided by law.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.9 - Review of Comments and Action by the Department

Current through Register Vol. 48, No. 6, June 28, 2024
A. Review by the Department. The Department
			 is responsible for assessing the total impact of the projected activity on the
			 navigable waters and lands subject to the jurisdiction of this regulation, as
			 well as the impact on the economy and natural resources of the state. The
			 Department shall be concerned with the utilization and protection of important
			 state resources and balance the extent and permanence of reasonably foreseeable
			 benefits and detriments of the projected activity including its impact on
			 conservation, economics, aesthetics, general environmental concerns, cultural
			 values, fish and wildlife, navigation, erosion and accretion, recreation, water
			 quality, water supply and conservation, and determine whether the projected
			 activity is consistent with the needs and welfare of the public. In particular
			 the Department shall consider the comments and objections of the affected
			 agencies as well as the public, and the extent to which:
1. the activity requires construction in, on
			 or over a navigable waterway, and the economic benefits to the state and public
			 from such location;
2. the activity
			 would harmfully obstruct navigability or the natural flow of navigable waters
			 or cause erosion, shoaling of navigable channels, or the creation of stagnant
			 waters;
3. the activity would
			 impact fish and wildlife, water quality and other natural resource values or
			 could affect the habitats or rare and endangered species of wildlife and
			 irreplaceable historic and archaeological sites associated with public lands
			 and waters;
4. the activity could
			 affect public access to and use of public lands;
5. the economic benefits to the state and
			 public from the authorized use of lands and waters meets or exceeds the
			 benefits from preservation of the area in its unaltered state;
6. there is any adverse environmental impact
			 which cannot be avoided by reasonable safeguards;
7. all feasible alternatives are taken to
			 avoid adverse environmental impact resulting from the project; and,
8. the long range, cumulative effects of the
			 project, including the cumulative effects of similar projects, may affect
			 navigable waters.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.10 - Appeal of the Notice of Proposed Decision

Current through Register Vol. 48, No. 6, June 28, 2024
A. Persons Who May Appeal. Any person with
			 legal standing to contest the decision of the Notice of Proposed Decision to
			 grant or deny a permit under this regulation may appeal that decision to the
			 Board. One objecting only to the highland use of the property, or on grounds
			 other than the impact the proposed activity will have on navigable waters or
			 the economy or natural resources of the state, or who has not submitted written
			 comments on the project including any proposal for replacement/compensation
			 shall not be deemed to have legal standing to contest the decision.
B. Time for Appeal; Contents; Notification of
			 Appeal to Others. A person with legal standing to contest a decision must
			 submit a written request for an adjudicatory hearing before the Department
			 within fifteen (15) days of notification of proposed permit. Such request must
			 set forth the manner in which the person is adversely affected and the grounds
			 for the request. If no appeal of the proposed decision is received, the
			 proposed permit decision shall become the Department's final
			 decision.
C. Hearing Officer; Date
			 of Hearing. Requests for hearing shall be processed in accordance with the
			 South Carolina Administrative Procedures Act and any applicable procedural
			 rules and regulations. Determinations of whether a person has legal standing to
			 contest a determination shall be made in the course of the contested case
			 procedures.
D. Appeals of a permit
			 which include coastal zone consistency certification will be heard according to
			 the above procedures unless the appeal is based exclusively on a coastal zone
			 management issue. In that case the appeal will be heard according to the
			 procedures for appeals of coastal zone consistency certifications.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.11 - Final Decision of the Board and Judicial Review

Current through Register Vol. 48, No. 6, June 28, 2024
Board review and any subsequent judicial review of the order of
				the Administrative Law Judge shall be allowed according to law and applicable
				procedures, rules and regulations.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.12 - Unpermitted Activity; Review of Previously Permitted Activity

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any activity
			 undertaken after the commencement of the Construction in Navigable Waters
			 permitting program under regulation 19-450 promulgated on December 31, 1976 for
			 which a permit is required but was not obtained is in violation of these
			 regulations. Such activity may be permitted providing that it is consistent
			 with these regulations, and the applicant promptly complies with the permitting
			 process. Unless specifically authorized by the Department, an applicant may not
			 complete any structure or continue any activity until the permit is
			 issued.
B. Any person who has
			 received a Construction in Navigable Waters permit that has an expiration date
			 shall notify the Department every ten years after the permit was granted and
			 report the status or condition of the permitted structure or activity, any
			 repairs or alterations, and any material changes in the navigable waters or
			 lands of the state. The Department shall review the report, make such
			 investigation as it deems appropriate, and either renew the permit or revoke or
			 modify the permit, giving the holder due notice and opportunity to be heard. If
			 the Department determines that there have been significant changes since the
			 permit was originally granted, or that a structure that originally was exempt
			 from the permitting process adversely affected water quality, navigability, or
			 natural resources or other conditions as they existed on or about the effective
			 date of this regulation, it may require the applicant to comply with the
			 provisions of Reg. 450.5 through 450.11.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.13 - Amendments to Permits or Applications for Permits

Current through Register Vol. 48, No. 6, June 28, 2024
A person who has been issued a permit by the Department may
				petition for an amendment to the permit. If the amendment reduces the size of
				the permitted structure, or the permitted activity, and results in less
				intrusive impact on the navigable waters and lands of the State, the Department
				may grant the amendment without requiring additional agency and public notice
				and comment. Any request for an amendment which enlarges the proposed structure
				or activity or, in the opinion of the Department, may produce a greater impact
				on the navigable waters and lands of the State shall be given new public and
				agency notice and comment under Reg. 450.5 through 450.11.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.14 - Minor Projects

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may expedite the processing of an application
				for permits for projects under this regulation, including reducing the time for
				public or agency comment, if the projects by their nature, size, location or
				use have a negligible impact on navigable streams, and do not involve proposals
				for replacement/compensation under 450.9(B), and do not require a permit by any
				other federal or state agency. Provided, however, that the expedited procedures
				shall require at least one public notice of the application, permit public
				comment for at least fifteen (15) days, and provide for comment by the affected
				agencies.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.15 - General or Block Permits

Current through Register Vol. 48, No. 6, June 28, 2024
The Department, using the procedures under this regulation, may
				issue general or block permits to an agency, political subdivision or public
				service corporation for certain clearly described categories of work or
				substantially similar structures in a particular areas. Once the general or
				block permit is issued, individual Department permits for structures within the
				categories are not required. The agency, political subdivision or public
				service corporation as permit administrator shall report to the Department when
				structures or activities are authorized under the block
				permit.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-450.16 - Saving Clause

Current through Register Vol. 48, No. 6, June 28, 2024
If any provision of these regulations is adjudged invalid or
				unconstitutional, the remainder, and the application of their provisions to
				other persons shall not be affected thereby.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-470.1 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
These regulations are intended to establish procedures for the
				operation of the South Carolina Building Codes Council and the application and
				administration of its authority. It is further intended that these regulations
				establish a formal standard policy and specific criteria on which the Council
				will base its approval or disapproval of proposed modifications to building
				codes. It is also intended that these regulations establish a formal standard
				policy and specific criteria on which the Council will base its approval or
				disapproval of proposed modifications to or variations from, the required state
				energy standards.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-470.3 - Powers Duties, and Responsibilities of Council

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The Council shall clarify the various
			 aspects and provision of the Building Codes Act, the Modular Act and their
			 corresponding regulations, as may be necessary to carry out their intended
			 purposes.
(b) The Council shall
			 review requests by local jurisdictions, for variations or modifications to
			 their adopted building codes.
(c)
			 The Council shall review requests by local enforcement agencies, for variations
			 from the Energy Standards.
(d) The
			 Council shall monitor the adoption of building codes by local jurisdictions to
			 insure compliance with the Building Codes Act.
(e) The Council shall produce records of all
			 its transactions and minutes of all its meetings, hearings and
			 proceedings.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-470.4 - Duties and Responsibilities of Division

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The Division shall provide the personnel
			 to serve as staff for the Council. Such staff shall have the duty and
			 responsibility to:
(1) Maintain an accurate
			 and complete record of all meetings, hearings, proceedings, correspondence and
			 technical work performed by and for Council;
(2) Make all records and documents of Council
			 available for public inspection any time during normal working hours;
(3) Prepare and provide all information,
			 documents and exhibits necessary for the Council agendas and meetings;
			 and,
(4) Perform such other related
			 tasks as may, from time to time, arise.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-470.5 - Council Officers

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The Council
			 shall elect from its appointed members, a chairman, a vice-chairman and a
			 secretary.
(b) Election of officers
			 shall occur during the first meeting of each calendar year. All elected
			 officers shall assume office upon adjournment of the meeting at which the
			 election occurs.
(c) The duties of
			 each officer shall be as follows:
(1)
			 Chairman-Preside over all meetings of the Council, call special meetings as the
			 need may arise, authenticate by signature all licenses, resolutions, documents
			 and other instruments of Council and perform such other duties as may fall
			 within the jurisdiction of the office;
(2) Vice-chairman-Function as chairman in the
			 absence of the chairman and perform such other duties as may fall within the
			 jurisdiction of the office; and,
(3) Secretary-Function as chairman in the
			 absence of the chairman and vice-chairman, swear in all witnesses for hearings
			 conducted by Council and perform such other duties as may fall within the
			 jurisdiction of the office.