S.C. Code Regs. 72-302 - Exemptions, Waivers and Variances from Law

Current through Register Vol. 46, No. 3, March 25, 2022

A. The following activities are exempt from both the sediment control and stormwater management requirements established by these regulations:
(1) Land disturbing activities on agricultural land for production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees; fur animals and aquaculture, except that the construction of an agricultural structure of one or more acres, such as broiler houses, machine sheds, repair shops and other major buildings and which require the issuance of a building permit shall require the submittal and approval of a stormwater management and sediment control plan prior to the start of the land disturbing activity.
(2) Land disturbing activities undertaken on forest land for the production and harvesting of timber and timber products.
(3) Activities undertaken by persons who are otherwise regulated by the provisions of Chapter 20 of Title 48, the South Carolina Mining Act.
(4) Construction or improvement of single family residences or their accessory buildings which are separately built and not part of multiple construction in a subdivision development.
(5) Land disturbing activities, other than activities identified in R.72-302A(6), that are conducted under another state or federal environmental permitting, licensing, or certification program where the state or federal environmental permit, license, or certification is conditioned on compliance with the minimum standards and criteria developed under this act.
(6) Any of the following land disturbing activities undertaken by any person who provides gas, electrification, or communications services, subject to the jurisdiction of the South Carolina Public Service Commission, or corporations organized and operating pursuant to Section 33-49-10 et seq.:
(a) land disturbing activities conducted pursuant to a certificate of environmental compatibility and public convenience and necessity issued pursuant to Title 58, Chapter 33, of the South Carolina Code, or land disturbing activities conducted pursuant to any other certification or authorization issued by the Public Service Commission;
(b) land disturbing activities conducted pursuant to a federal environmental permit, including Section 404 of the Federal Clean Water Act, and including permits issued by the Federal Energy Regulatory Commission;
(c) land disturbing activities associated with emergency maintenance or construction of electric, gas, or communications facilities, when necessary to restore service or when the Governor declares the area to have sustained a disaster and the actions are undertaken to protect the public from a threat to health or safety;
(d) land disturbing activities associated with routine maintenance and/or repair of electric, gas, or communications lines;
(e) land disturbing activities associated with the placement of poles for overhead distribution or transmission of electric energy or of communications services;
(f) land disturbing activities associated with placement of underground lines for distribution or transmission of electric energy or of gas or communications services; or
(g) land disturbing activities conducted by a person filing environmental reports, assessments or impact statements with the United States Department of Agriculture, Rural Electrification Administration in regard to a project.

Any person, other than a person identified in R.72-302A(6)(g)who undertakes land disturbing activities described in R.72-302A(6)(d,e,f) must file with the South Carolina Public Service Commission, in a Policy and Procedures Manual, the procedures it will follow in conducting such activities. Any person, other than a person identified in R.72-302A(6)(g), who conducts land disturbing activities described in R.72-302A(6)(b), must address the procedures it will follow in conducting the activities in the Policy and Procedures Manual filed with the South Carolina Public Service Commission to the extent that the land disturbing activities are not specifically addressed in the federal permit or permitting process. If any person, other than a person identified in R.72-302A(6)(g), does not have a Policy and Procedures Manual on file with the Public Service Commission, such manual must be filed with the Public Service Commission not later than six months after the effective date of Chapter 14, Title 48 of the 1976 Code of Laws, South Carolina.

Any person who undertakes land disturbing activities described in R.72-302A(6)(g) of this subsection shall give the same written notice to the commission as given to agencies whose permits are required for project approval by the regulations of the United States Department of Agriculture, Rural Electrification Administration.

(7) Activities relating to the routine maintenance and/or repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
(8) Activities undertaken on state-owned or managed lands that are otherwise regulated by the provisions of Chapter 18 of this title, the Erosion and Sediment Reduction Act.
(9) Activities undertaken by local governments or special purpose or public service districts relating to the repair and maintenance of existing facilities and structures.
B. Implementing agencies with responsibility for plan review and approval may grant waivers from the stormwater management requirements of these regulations for individual land disturbing activities provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed land disturbing activity. A separate written waiver request shall be required if there are subsequent additions, extensions, or modifications which would alter the approved stormwater runoff characteristics to a land disturbing activity receiving a waiver.
(1) A project may be eligible for a waiver of stormwater management for both quantitative and qualitative control if the applicant can demonstrate that the proposed project will return the disturbed area to a pre-development runoff condition and the pre-development land use is unchanged at the conclusion of the project.
(2) A project may be eligible for a waiver or variance of stormwater management for water quantity control if the applicant can demonstrate that:
(a) The proposed project will have no significant adverse impact on the receiving natural waterway or downstream properties; or
(b) The imposition of peak control requirements for rates of stormwater runoff would aggravate downstream flooding.
(3) The implementing agency will conduct its review of the request for waiver within 10 working days. Failure of the implementing agency to act by end of the tenth working day will result in the automatic approval of the waiver.
C. The implementing agency with responsibility for plan review and approval may grant a written variance from any requirement of these regulations if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of these regulations will result in unnecessary hardship and not fulfill the intent of these regulations. A written request for variance shall be provided to the plan approval agency and shall state the specific variances sought and the reasons with supporting data for their granting. The plan approval agency shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the applicant. The implementing agency will conduct its review of the request for variance within 10 working days. Failure of the implementing agency to act by the end of the tenth working day will result in the automatic approval of the variance.

Notes

S.C. Code Regs. 72-302
Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.

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