S.C. Code Regs. 72-305 - Permit Application and Approval Process

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

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.
B. Specific requirements of the permit application and approval process are generally based on the extent of the land disturbing activity. The permit application and approval procedure is as follows:
(1) For land disturbing activities involving two (2) acres or less of actual land disturbance which are not part of a larger common plan of development or sale, the person responsible for the land disturbing activity shall submit a simplified stormwater management and sediment control plan meeting the requirements of R.72-307H. This plan does not require approval by the implementing agency and does not require preparation or certification by the designers specified in R.72-305H and R.72-305I.
(2) For land disturbing activities involving more than two (2) acres and less than five (5) acres of actual land disturbance which are not part of a larger common plan of development or sale, a simplified permitting and approval process will be used meeting the requirements of R.72-307I. These activities are required to utilize Best Management Practices (BMP's) to control erosion and sediment and to utilize appropriate measures to control the quantity of stormwater runoff. Plans and specifications for these activities will be prepared by the designers cited in R.72-305H and R.72-305I.

The implementing agency will review these submissions within a ten working day period. If action is not taken by the end of the review period, the plan will be considered approved.

(3) For land disturbing activities disturbing more than five (5) acres, the requirements of R.72-305 and R.72-307 will apply. However, the use of measures other than ponds to achieve water quality improvement are recommended on sites containing less than ten (10) disturbed acres. Plans and specifications for these activities will be prepared by the designers specified in R.72-305H or R.72-305I.
(4) These requirements may be modified on a case-by-case basis to address specific stormwater quantity or quality problems or to meet S.C. Coastal Council or other regulatory requirements. Requests for waivers or variances from these requirements will be made in accordance with the provisions of R.72-302.
(5) When the land disturbing activity consists of the construction of a pond, lake or reservoir which is singly built and not part of a permitted land disturbing activity, the following procedures will apply:
(a) A stormwater management and sediment control plan will not be required if the pond, lake or reservoir is permitted under the S.C. Dams and Reservoirs Safety Act or has received a Certificate of Exemption from the S.C. Dams and Reservoirs Safety Act. Best management practices should be used to minimize the impact of erosion and sediment.
(b) A stormwater management and sediment control plan will be required for the construction of all ponds, lakes or reservoirs not meeting the conditions in R.72-305B(5)(a)that otherwise meet the size requirements for stormwater management and sediment control plan approval.
C. A stormwater management and sediment control plan or an application for a waiver shall be submitted to the appropriate plan approval agency by the person responsible for the land disturbing activity for review and approval for a land disturbing activity, unless otherwise exempted. The stormwater management and sediment control plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire land disturbing activity. The appropriate plan approval agency shall review the plan to determine compliance with the requirements of these regulations prior to approval. The approved stormwater management and sediment control plan shall serve as the basis for water quantity and water quality control on all subsequent construction.
D. All stormwater management and sediment control plans submitted for approval shall contain certification by the person responsible for the land disturbing activity that the land disturbing activity will be accomplished pursuant to the approved plan and that responsible personnel will be assigned to the project.
E. All stormwater management and sediment control plans shall contain certification by the person responsible for the land disturbing activity of the right of the Commission or implementing agency to conduct on-site inspections.
F. The stormwater and sediment management plan shall not be considered approved without the inclusion of an approval stamp with a signature and date on the plans by the appropriate plan approval agency. The stamp of approval on the plans is solely an acknowledgement of satisfactory compliance with the requirements of these regulations. The approval stamp does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness of effectiveness of any provision, or omission from the stormwater and sediment plan.
G. When the local conservation district is not the plan approval agency, the conservation district may request to review and comment on stormwater management and sediment control plans. Failure of the conservation district to provide comments by the date specified by the local implementing agency will not delay the approval of the stormwater management and sediment control plans by the implementing agency.
H. All stormwater management and sediment control plans submitted to the appropriate plan approval agency for approval shall be certified by the designer. The following disciplines may certify and stamp/seal plans as allowed by their respective licensing act and regulations:
(1) Registered professional engineers as described in Title 40, Chapter 22.
(2) Registered landscape architects as described in Title 40, Chapter 28, Section 10, item (b).
(3) Tier B land surveyors as described in Title 40, Chapter 22.
I. Pursuant to Title 40, Chapter 22, Section 460, stormwater management and sediment control plans may be prepared by employees of the federal government and submitted by the person responsible for the land disturbing activity to the appropriate plan approval agency for approval.
J. These regulations do not prohibit other disciplines or Certified Professionals, including, but not limited to, Certified Professional Erosion and Sediment Control Specialists, which have appropriate background and experience from taking active roles in the preparation of the plan and design process. All plans and specifications submitted to the appropriate plan approval agency for approval shall be stamped/sealed by those listed in R.72-305H or prepared by employees of the federal government under R.72-305I.
K. Approved plans remain valid for 5 years from the date of an approval. Extensions or renewals of the plan approvals will be granted by the plan approval agency upon written request by the person responsible for the land disturbing activity.
L. Approvals of land disturbing activities which were approved prior to the effective date of these regulations shall remain in effect for the original term of the approval. For land disturbing activities which were not initiated during the original term of approval, the person responsible for the land disturbing activity shall resubmit the stormwater management and sediment control plan to the appropriate plan approval agency for review and approval subject to the requirements of these regulations.
M. Upon receipt of a completed application for sediment and stormwater management, the appropriate plan approval agency shall accomplish its review and have either the approval or review comments transmitted to the applicant within 20 working days. If notice is not given to the applicant or if action is not taken by the end of the 20 working day period, the applicants plan will be considered approved.
N. One year after the effective date of Chapter 14, Title 48 of the Code of Laws of South Carolina, a federal agency or facility may not undertake a land disturbing activity unless the agency has submitted a stormwater management and sediment control plan for the specific activity to the Commission and the plan has been approved.

In lieu of submitting individual plans for approval, the federal agency or facility may submit an application for a general permit to the Commission for approval.

O. A local government or special purpose or public service district may request a general permit for its regulated activities from the Commission. If a local government's or special purpose or public service district's request is approved, individual stormwater management and sediment control plans for regulated land disturbing activities will not be required.

Notes

S.C. Code Regs. 72-305
Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.

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