S.C. Code Regs. 72-304 - Criteria for Delegation/Revocation of Programs

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

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.
B. The Commission shall grant delegation of one or more program elements to any local government or conservation district seeking delegation that is found capable and meets all of the criteria set forth herein for delegation to comply with Chapter 48, Title 14, 1976 Code and these regulations.
C. Request for delegation of more than one program element may be accomplished by the submission of one request for all the elements requested. A rejection by the Commission of one element will not jeopardize delegation of other requested program elements.
D. To be considered capable of providing compliance with Chapter 14 and these regulations, applications for delegation of program elements shall contain the following requisite items:
(1) Requests for delegation of stormwater management and sediment control plan review and approval responsibility shall include the following information:
(a) Copy of enacted ordinance or program information detailing the plan approval process,
(b) Plan review check lists and plan submission requirements,
(c) Stormwater management and sediment control criteria, including waiver and variance procedures, that meet minimum standards established by these regulations,
(d) Description of personnel allocations including qualifications and experience of personnel, description of computer hardware and software resources and expected time frames for plan review which meet the requirements of R.72-305B(2) and R.72-305M, and
(e) Name of the Certified Plan Reviewer.
(2) Requests for delegation of inspection during construction and of maintenance inspection responsibility shall include the following information:
(a) Inspection and referral procedures,
(b) Time frames for inspection of active land disturbing activities,
(c) Time frames for inspection of completed stormwater management structures,
(d) Inspection forms,
(e) Description of adequate personnel allocations including qualifications and experience of personnel,
(f) Name of Certified Construction Inspector, and
(g) Procedures and time frames for processing complaints.
(3) Request for delegation of enforcement responsibility shall include the following information:
(a) Procedure for processing violations.
(b) Description of personnel allocations involved in enforcement actions including qualifications and experience of personnel.
(c) Description of citizen complaint process.
(d) Description of applicant appeal process.
(4) Requests for delegation of education and training responsibility shall include the following information:
(a) Types of educational and training activities to be accomplished,
(b) Frequency of activities,
(c) Names and backgrounds of those individuals conducting the training, and
(d) Procedures and timetables to notify the Commission of educational programs.
E. Requests for delegation of program elements must be submitted by local governments or conservation districts within six months of the effective date of these regulations, and by January first of subsequent years if delegation is desired at a future date. The Commission shall approve, approve with modification, or deny such a request on or before April first of the year for which delegation is sought.
F. The S. C. Coastal Council shall assist the Commission in reviewing all requests for delegation of program elements from local governments in the counties of Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Jasper and Horry to ensure that the delegated program elements are consistent with the Coastal Zone Management Program.

The S. C. Coastal Council, in coordination with the Commission, will serve as the implementing agency for these regulations in the jurisdictions of the local governments which do not seek delegation of program elements in the counties of Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry and Jasper.

G. If the Commission denies a request for delegation, the local government or conservation district may appeal the decision of the Commission by requesting an administrative hearing within 30 days after receipt of written notification as described in R.72-313.
H. Delegation of authority for one or more program elements may be granted for a maximum time frame of three years. After three years a new application to the Commission must be made. Over the time frame for which delegation has been granted, the Commission will evaluate delegation implementation, coordinate review findings with the delegated authority, and determine if the new delegation should be granted.
I. A delegated authority may sub-delegate program elements, with Commission concurrence, to a conservation district, regional council of government or other responsible entity or agency.
J. The Commission shall maintain, and make available upon request, a listing of the current status of delegation for all jurisdictions within the State.
K. Any local government that has adopted a stormwater management and/or sediment control program prior to the effective date of these regulations may request approval of any, or all, components of its existing program within six months of the effective date of these regulations. The Commission shall give priority to the approval, approval with modification or disapproval of these requests. The local government shall continue to administer the existing program during the review process by the Commission. Efficiency and effectiveness of the existing program shall be considered in the review process.
(1) The Commission shall approve a delegation request upon determining that the implementation of the existing program by the local government equal or exceed the requirements, criteria, standards and specifications of these regulations.
(2) If the request for delegation of program components are disapproved, the local government may appeal the decision of the Commission by requesting an administrative hearing within 30 days after receiving written notification of the disapproval as described in R.72-313.
L. If the Commission determines that a delegated program falls below acceptable standards established by these regulations, delegation may be suspended. During a period of suspension, the Commission shall be responsible for implementation of the program element. The Commission shall collect fees based on R.72-306 for use when the delegation is suspended.

The following actions may be cause for suspension if they represent a continuing pattern of action or in-action:

(1) Failure of implementing agency with the responsibility for enforcement to issue a violation in the event of off-site sediment or stormwater damage resulting from non-compliance with the approved plan.
(2) Failure of the implementing agency to assess a fine when a violation has not been corrected within the specified time frame.
(3) Failure of the implementing agency to stop work when a violation has resulted in off-site damages.
(4) Failure of the implementing agency to force compliance with an approved plan.
(5) Failure of the delegated program to comply with the provisions of its application for delegation.
M. Upon suspension of the delegation, the implementing agency has the right to file an appeal within 30 days of the notification of the suspension following procedures listed in R.72-313. The Commission shall administer the program during the appeal process.

Notes

S.C. Code Regs. 72-304
Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.

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