S.C. Code Regs. 72-312 - Review and Enforcement Requirements

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

A. Items listed in this section are activities by the Commission in the event the Commission serves as the implementing agency. When the Commission is requested to assist the implementing agency, these are suggestions the Commission may submit to the implementing agency.
B. The person responsible for the land disturbing activity shall notify the appropriate inspection agency before initiation of construction and upon project completion when a final inspection will be conducted to ensure compliance with the approved stormwater management and sediment control plan.
C. The person responsible for the land disturbing activity shall, if required by the implementing agency during the plan approval process, submit "As Built or Record Document" plans. In addition, the person responsible for the land disturbing activity may be required to submit written certification from the professional engineer, landscape architect, or Tier B land surveyor responsible for the field supervision of the land disturbing activity that the land disturbing activity was accomplished according to the approved stormwater management and sediment control plan or approved changes.
D. The responsible inspection agency shall, for inspection purposes, do all of the following items:
(1) Ensure that the approved stormwater management and sediment control plans are on the project site and are complied with;
(2) Ensure that every active site is inspected for compliance with the approved plan on a regular basis;
(3) Provide the person responsible for the land disturbing activity, a written report after every inspection that describes:
(a) The date and location of the site inspection;
(b) Whether the approved plan has been properly implemented and maintained;
(c) Approved plan or practice deficiencies; and
(d) The action taken.
(4) Notification of the person responsible for the land disturbing activity in writing when violations are observed, describing the:
(a) Nature of the violation;
(b) Required corrective action; and
(c) Time period for violation correction.
E. The Commission may investigate complaints or refer any complaint received to the local inspection agency if the activity is located in a jurisdiction that has received delegation of inspections during construction and maintenance inspections. In conjunction with a referral, the Commission may also initiate an on-site investigation after notification of the local inspection agency in order to properly evaluate the complaint. The Commission shall make recommendations on enforcement action when appropriate, and notify the local implementing agency in a timely manner of any recommendations.
F. The Commission, at its discretion and upon notification to the person responsible for the land disturbing activity may visit any site to determine the adequacy of stormwater management and sediment control practices. In the event that the Commission conducts site inspection, the appropriate inspection agency shall be notified of the inspection. The appropriate inspection agency shall establish a time frame to obtain site compliance. This notification shall, in no way limit the right to the Commission to take action subsequent to any provision of these regulations or Chapter. Formal procedures for interaction between the Commission and the appropriate inspection agency on-site inspection and referral will be developed on an individual basis.
G. The appropriate plan approval agency may require a revision to the approved plans as necessary due to differing site conditions. The appropriate plan approval agency shall establish guidelines to facilitate the processing of revised plans where field conditions necessitate plan modification. Where changes to the approved plan are necessary those changes shall be in accordance to the following:
(1) Major changes to approved stormwater management and sediment control plans, such as the addition or deletion of a sediment basin, shall be submitted by the applicant to the appropriate plan approval agency for review and approval.
(2) Minor changes to stormwater management and sediment control plans may be made in the field review report. The appropriate inspection agency shall develop a list of allowable field modifications for use by the construction inspector.
H. Stormwater management construction shall have inspections accomplished as needed.
I. The agency responsible for construction inspection may, in addition to local enforcement options, refer a site violation to the Commission for review.
J. Referral of a site violation to the Commission may initiate a Commission construction inspection of the site to verify site conditions. That construction inspection may result in the following actions:
(1) Notification through appropriate means to the person engaged in a land disturbing activity to comply with the approved plan within a specified time frame; and
(2) Notification of plan inadequacy, with a time frame for the person engaged in a land disturbing activity to submit a revised sediment and stormwater plan to the appropriate plan approval agency and to receive its approval with respect thereto

The Commission shall notify the local inspection agency within five working days of what recommendation for enforcement action should be taken on the site.

K. Failure of the person engaged in the land disturbing activity contractor to comply with Commission requirements may result in the following actions in addition to other penalties as provided in Chapter 14.
(1) The Commission shall have the power to request the implementing agency to order any person violating any provision of Chapter 14 and these regulations to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order.
(2) The Commission may request that the appropriate plan approval agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.
(3) The Commission may recommend fines to be levied by the implementing agency.
L. If the Commission or the implementing agency utilizes "stop work orders" as a part of its inspection and enforcement program, the following procedure shall be followed:
(1) The implementing agency may issue a stop work order if it is found that a land disturbing activity is being conducted in violation of this Act or of any regulation adopted or order issued pursuant to this Act, that the violation is knowing and willful, and that either:
(a) Off-site sedimentation resulting from non-compliance with the approved stormwater management and sediment control plan has eliminated or severely degraded a use in a lake or natural waterway or that such degradation is imminent.
(b) Off-site sedimentation resulting from non-compliance with the approved stormwater management and sediment control plan has caused severe damage to adjacent land.
(c) The land disturbing activity which requires an approved plan under these regulations and is being conducted without the required approved plan.
(2) The stop work order shall be in writing and shall state what work is to be stopped and what measures are required to abate the violation. The order shall include a statement of the findings made by the implementing agency pursuant to (1) of this section and shall list the conditions under which work that has been stopped by the order may be resumed. The delivery of equipment and materials which does not contribute to the violation may continue while the stop work order is in effect. A copy of this section shall be attached to the order.
(3) The stop work order shall be served by the sheriff of the county in which the land disturbing activity is being conducted or by some other person duly authorized by law to serve process, and shall be served on the person at the site of the land disturbing activity who is in operational control of the land disturbing activity. The sheriff or other person duly authorized by law to serve process shall post a copy of the stop work order in a conspicuous place at the site of the land-disturbing activity. The implementing agency shall also deliver a copy of the stop work order to any person that the implementing agency has reason to believe may be responsible for the violation.
(4) The directives of a stop work order become effective upon service of the order. Thereafter, any person notified of the stop work order who violates any of the directives set out in the order may be assessed a civil penalty as provided in R.72-315. A stop work order issued pursuant to this section may be issued for a period not to exceed three calendar days.
(5) The implementing agency shall designate an employee to monitor compliance with the stop work order. The name of the employee so designated shall be included in the stop work order. The employee so designated shall rescind the stop work order if all the violations for which the stop work order are issued are corrected, no other violations have occurred, and all measures necessary to abate the violations have been taken. The implementing agency shall rescind a stop work order that is issued in error.
(6) The issuance of a stop work order shall be a final agency decision subject to judicial review in the same manner as an order in a contested case pursuant to Title 1, Chapter 23, Section 380 of the Code of Laws of South Carolina, 1976. The petition for judicial review shall be filed in the circuit court of the county in which the land-disturbing activity is being conducted.
(7) The Commission shall file a cause of action to abate the violations which resulted in the issuance of a stop work order within three calendar days of the service of the stop work order. The cause of action shall include a motion for an ex parte temporary restraining order to abate the violation and to effect necessary remedial measures. The resident circuit court judge, or any judge assigned to hear the motion for the temporary restraining order, shall hear and determine the motion within two days of the filing of the complaint. The clerk of circuit court shall accept complaints filed pursuant to this section without the payment of fining fees. Filing fees shall be paid to the clerk of circuit court within 30 days of the filing of the complaint.

Notes

S.C. Code Regs. 72-312
Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.

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