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 72-301 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in these regulations, the following terms shall have the meanings indicated below:
1. "Adverse Impact" means a significant negative impact to land, water and associated resources resulting from a land disturbing activity. The negative impact includes increased risk of flooding; degradation of water quality; increased sedimentation; reduced groundwater recharge; negative impacts on aquatic organisms; negative impacts on wildlife and other resources; and threatened public health.
2. "Applicant" means a person, firm, or governmental agency who executes the necessary forms to obtain approval or a permit for a land disturbing activity.
3. "Appropriate Plan Approval Agency" means the Commission, Local Government, or Conservation District that is responsible in a jurisdiction for review and approval of stormwater management and sediment control plans.
4. "As-Built Plans or Record Documents" means a set of engineering or site drawings that delineate the specific permitted stormwater management facility as actually constructed.
5. "Best Management Practices" means a wide range of management procedures, schedules of activities, prohibitions on practices and other management practices which have been demonstrated to effectively control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use.
6. "Certified Construction Inspector" means a person with the responsibility for conducting inspections during construction and maintenance inspections after the land disturbing activity is completed as certified by the Commission.
7. "Certified Plan Reviewer" means a person with the responsibility for reviewing stormwater management and sediment control plans for an appropriate plan approval agency as certified by the Commission.
8. "Commission" means the South Carolina Land Resources Conservation Commission.
9. "Delegation" means the acceptance of responsibility by a Local Government or Conservation District for the implementation of one or more elements of the statewide stormwater management and sediment control program.
10. "Designated Watershed" means a watershed designated by a local government and approved by the Commission, Department of Health and Environmental Control and the South Carolina Water Resources Commission and identified as having an existing or potential stormwater, sediment control, or nonpoint source pollution problem.
11. "Detention Structure" means a permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff and release the stored runoff at controlled rates.
12. "Develop Land" means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.
13. "Developer" means a person undertaking, or for whose benefit, activities covered by these regulations are commenced and/or carried out.
14. "District" means any soil and water conservation district created pursuant to Chapter 9, Title 48, S.C. Code of Laws.
15. "Drainage Area" means that area contributing runoff to a single point.
16. "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.
17. "Erosion" means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
18. "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.
19. "Exemption" means those land disturbing activities that are not subject to the sediment and stormwater requirements contained in these regulations.
20. "Grading" means excavating, filling (including hydraulic fill) or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
21. "Implementing Agency" means the Commission, local government, or conservation district with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, or conducting inspections and enforcement actions in a specified jurisdiction.
22. "Infiltration" means the passage or movement of water through the soil profile.
23. "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.
24. "Natural Waterways" means waterways that are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Construction channels such as drainage ditches shall not be considered natural waterways.
25. "Nonerodible" means a material, e.g., natural rock, riprap, concrete, plastic, etc., that will not experience surface wear due to natural forces of wind, water, ice, gravity or a combination of those forces.
26. "Local Government" means any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter.
27. "Nonpoint Source Pollution" means pollution contained in stormwater runoff from ill-defined, diffuse sources.
28. "One Hundred Year Frequency Storm" means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 100 years. It also may be expressed as an exceedence probability with a 1 percent chance of being equaled or exceeded in any given year.
29. "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.
30. "Person Responsible for the Land Disturbing Activity" means
(a) the person who has or represents having financial or operational control over the land disturbing activity; and/or
(b) the landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefitted from it or who has failed to comply with any provision of the act, these regulations, or any order or local ordinance adopted pursuant to this act as imposes a duty upon him.