South Carolina Code of Regulations Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION
South Carolina Code of Regulations Chapter 72 is titled "Department of Health and Environmental Control - Land Resources and Conservation Districts Division." This chapter outlines the administrative rules and regulations under the purview of this division, focusing primarily on the management and protection of South Carolina's land and water resources, with a strong emphasis on public safety and environmental sustainability.
Overall Purpose of South Carolina Code of Regulations Chapter 72:
The main purpose of Chapter 72 is to regulate activities that impact land and water resources to prevent environmental degradation, protect public safety, and promote responsible land stewardship. It specifically addresses critical areas such as:
Dam Safety: Ensuring the safe construction, maintenance, and operation of dams and reservoirs to prevent failures that could endanger lives or property.
Erosion and Sediment Control: Minimizing soil erosion and preventing sediment runoff from land-disturbing activities, which can pollute waterways and degrade land.
Stormwater Management: Regulating the quality and quantity of stormwater runoff to prevent flooding, protect water quality, and manage urban development sustainably.
Placement within State Government:
Historically, the functions covered by this chapter were often associated with the South Carolina Department of Health and Environmental Control (DHEC). However, it's important to note a significant recent change in South Carolina's environmental regulatory landscape:
As of July 1, 2024, many of DHEC's environmental regulatory functions, including those related to land resources, water quality, and waste management, have transitioned to the newly formed South Carolina Department of Environmental Services (SCDES).
The health-related functions of DHEC have been absorbed into other parts of the state's health infrastructure.
Therefore, while Chapter 72 still exists under its original heading, the regulatory authority and enforcement responsibilities for these rules now primarily lie with the South Carolina Department of Environmental Services (SCDES) and its relevant bureaus (e.g., Bureau of Water, Bureau of Land and Waste Management). The "Land Resources and Conservation Districts Division" itself, or its successor functions, would operate within SCDES.
Key Areas and Articles within Chapter 72:
Chapter 72 is typically organized into several articles, each detailing specific regulations:
Article 1 - Dams and Reservoirs Safety Act Regulations:
Definitions: Clarifies terms related to dams, reservoirs, and safety.
Dam Classifications and Exemptions: Categorizes dams based on their size and hazard potential (e.g., high, significant, low hazard) and specifies which dams are exempt from certain regulations.
Permitting Procedures and Requirements: Details the process for applying for and obtaining permits for new dam construction, or for the repair, alteration, or removal of existing dams. This often requires engineering plans sealed by a professional engineer.
Inspections: Mandates regular inspections of dams to ensure structural integrity and compliance with safety standards.
Remedial Measures: Outlines procedures for requiring corrective actions if a dam is found to be unsafe.
Transfer of Ownership: Rules for ensuring continued safety and compliance when dam ownership changes.
Administrative Fines: Specifies penalties for violations of the Dam Safety Act and regulations.
Hearings and Hearing Procedures: Establishes the process for administrative hearings related to dam safety decisions.
Article 2 - Erosion and Sediment Reduction and Stormwater Management Relations:
Jurisdiction: Defines the scope of activities and areas subject to these regulations.
Purpose: States the goals of reducing erosion, retaining sediment, and managing stormwater.
Definitions: Clarifies terms like "land-disturbing activity," "erosion control," and "stormwater management."
Exemptions: Lists types of activities that may be exempt from the full requirements.
Requirements for Measures: Mandates the use and maintenance of erosion and sediment control and stormwater management measures.
Jurisdiction of State Engineer/Land Resources Conservation Commission: Distinguishes activities under the jurisdiction of different entities, reflecting the collaborative nature of land resource management.
Article 3 - Standards for Stormwater Management and Sediment Reduction:
Scope: Defines the types of projects that must comply with these standards.
Definitions: Provides specific definitions relevant to stormwater and sediment control.
Exemptions, Waivers, and Variances: Conditions under which exemptions or modifications to the rules might be granted.
Criteria for Delegation/Revocation of Programs: Rules for how the state can delegate enforcement authority to local governments (e.g., municipalities or counties) and how that authority can be revoked.
Permit Application and Approval Process: Detailed steps for submitting stormwater management and erosion control plans for review and approval.
Fees: Specifies fees associated with permits and reviews.
Specific Design Criteria, Minimum Standards, and Specifications: Technical requirements for designing and implementing erosion control and stormwater management practices (e.g., sediment basins, infiltration practices, water quality ponds).
Maintenance Requirements and Off-Site Damage Correction: Emphasizes ongoing maintenance of control measures and responsibility for correcting damage caused by non-compliance.
Review and Enforcement Requirements: Procedures for inspection, identifying violations, issuing notices, and taking enforcement actions (e.g., stop work orders, penalties).
Hearings and Complaint Procedure: Outlines the process for formal hearings and how citizens can file complaints.
Article 4 - Standards for Stormwater Management and Sediment Reduction (often contains additional or revised standards): This article may contain further technical standards or address specific types of land-disturbing activities or development scenarios.
In summary, South Carolina Code of Regulations Chapter 72 provides the detailed regulatory framework for protecting the state's land and water resources, ensuring the safety of dams, and managing the environmental impacts of development through stringent erosion, sediment, and stormwater control measures. These regulations are now primarily administered by the South Carolina Department of Environmental Services (SCDES).
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