S.C. Code Regs. 72-308 - Maintenance Requirements and Off-Site Damage Correction

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

A. The Commission will provide technical assistance to local governments who choose to assume the maintenance responsibility for stormwater management structures on, at least, residential lands.
B. The person responsible for maintenance shall perform or cause to be performed preventive maintenance of all completed stormwater management practices to ensure proper functioning. The responsible inspection agency shall ensure preventive maintenance through inspection of all stormwater management practices.
C. Inspection reports shall be maintained by the responsible inspection agency on all detention and retention structures and shall include the following items (as applicable):
(1) The date of inspection;
(2) The name of the inspector;
(3) The condition of (if applicable):
(a) Vegetation,
(b) Fences,
(c) Spillways,
(d) Embankments,
(e) Reservoir area,
(f) Outlet channels,
(g) Underground drainage,
(h) Sediment load, or
(i) Other items which could effect the proper function of the structure.
(4) Description of needed maintenance.
D. Responsible inspection agencies shall provide procedures to ensure that deficiencies indicated by inspections are rectified. The procedures shall include the following:
(1) Notification to the person responsible for maintenance of deficiencies including a time frame for repairs;
(2) Subsequent inspection to ensure completion of repairs; and
(3) Effective enforcement procedures or procedures to refer projects to the Commission if repairs are not undertaken or are not done properly.
E. The following criteria shall be used by the appropriate implementing agency in evaluating and for correcting off-site damages resulting from the land disturbing activity:
(1) Determine the extent of damage by sediment resulting from non-compliance with the approved stormwater management and sediment control plan,
(2) Determine the classification of the impaired waterbody, if any,
(3) Determine the impact and severity of the damage resulting from non-compliance with the approved stormwater management and sediment control plan,
(4) Develop an agreement with landowners for cleanup and corrections, including a schedule of implementation.
(5) Evaluate the alternatives for correction of the damage and prevention of future damage, and
(6) Failure to implement the agreement in the required schedule will constitute a violation of these regulations.

Notes

S.C. Code Regs. 72-308
Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.

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