South Carolina Administrative Code

71-9100. Requirement of Filing Inspection Report to Claim Exemption. Boilers described in S.C. Code 41-14-60(3), (4), (5), (6), and (7) may claim exemption from these regulations by filing with the Department an inspection report indicating that the boiler has been inspected at t…

71-9101. Definitions. For the purposes of this Chapter all definitions from the Boiler Safety Act apply. In addition the following definitions apply. 1. ‘Act’ means the Boiler and Pressure Vessel Safety Act, which were enacted as Title 41, Chapter 14, of the S.C. Code of Laws. 2.…

71-9102. Administration. A. Minimum Construction Standards for Boilers 1. All new boilers installed and operated in South Carolina, unless otherwise exempted, shall be designed and constructed in accordance with the ASME Code or a nationally recognized Code of Construction accept…

71-9103.1. Power Boilers. A. EBO-1 Age Limit of Existing Boilers 1. The age limit of any boiler of nonstandard construction, installed prior to the date the Act became effective, shall be 30 years, except that a boiler having other than a lap-riveted longitudinal joint, after a t…

71-9103.2. Heating Boilers. A. EHB-1 Standard Boilers The maximum allowable working pressure of standard boilers shall in no case exceed the pressure indicated by the manufacturer’s identification stamped or cast on the boiler or on a plate secured to it. B. EHB-2 Nonstandard Riv…

71-9104. General Requirements. A. GR-1 Inspection of Boilers All boilers not exempted by the Act or by rules and regulations promulgated under the Act and which are subject to regular inspections shall be prepared for such inspections as required in GR-2. B. GR-2 Preparation for …

71-911. Annual Reports. The SC/OSH Medical Records Officer shall on an annual basis review SC/OSH’s experience under this subarticle during the previous year, and prepare a report to the Commissioner of Labor which shall be made available to the public. This report shall discuss:…

71-912. Inter-Agency Transfer and Public Disclosure. A. Personally identifiable employee medical information shall not be transferred to another agency or office outside of SC/OSH or disclosed to the public (other than to the affected employee or the original recordholder) except…

72-1. Definitions. A. ‘‘Department’’ means the South Carolina Department of Environmental Services or its staff or agents. B. Reserved. C. ‘‘Dam’’ means any artificial barrier, together with appurtenant works, including but not limited to dams, levees, dikes or floodwalls for the…

72-101. Jurisdiction. These regulations shall apply to all land either owned by the state, a state agency, or quasi-state agency or under the management or control of such entities through right-of-way easements or other agreements between the entities and private landowners, exc…

72-102. Purpose. These regulations set forth requirements for erosion and sediment control and stormwater manage- ment measures to be used on state land to prevent damage to land, water and property from erosion, sediment and stormwater. HISTORY: Added by State Register Volume 9,…

72-103. Definitions. As used in these regulations: A. ‘‘Applicant’’ means the state agency or quasi-state agency that owns, manages or controls state land that is to be disturbed, or the agent of the agency. B. ‘‘Commission’’ means the South Carolina Land Resources Conservation C…

72-104. Exemptions. The following are exempted from these regulations: A. Land owned by or under the jurisdiction of the South Carolina Department of Highways and Public Transportation. B. Forest land owned or managed by the South Carolina Forestry Commission. HISTORY: Added by S…

72-105. Requirement for Erosion and Sediment Control and Stormwater Management Measures to be Used and Maintained. All land disturbing activities on state land under the jurisdiction of these regulations must be performed in a manner that erosion is controlled, sediment is retain…

72-106. Land Disturbing Activities Under the Jurisdiction of the State Engineer. A. No state land may be disturbed for the purpose of any land disturbing activity that is under the jurisdiction of the State Engineer pursuant to the South Carolina Consolidated Procurement Code (Ti…

72-107. Land Disturbing Activities Under the Jurisdiction of the Land Resources Conser- vation Commission. A. For the purpose of these regulations, the Land Resources Conservation Commission shall have jurisdiction over all land disturbing activities on state land that are not un…

72-108. All Erosion, Sediment and Stormwater Problems not Addressed by Regulations 72-106 and 72-107. A. All erosion, sediment and stormwater problems on state land that are not addressed by Regulations 72-106 and 72-107 must be corrected to control erosion, retain sediment on th…

72-2. Dam Classifications and Exemptions. A. General. All dams and reservoirs subject to this regulation shall be classified according to their size and hazard potential. Classifications shall be made in accordance with this section and are subject to final approval by the Depart…

72-3. Permitting Procedures and Requirements. A. General. Any individual who proposes to construct a new dam or repair, alter or remove an existing dam shall apply for and obtain a permit from the Department for the proposed work. A separate application for construction of each n…

72-300. Scope. A. Stormwater runoff is a source of pollution of waters of the State, and may add to existing flooding problems. The implementation of a statewide stormwater management and sediment control program will help prevent additional water quantity and quality problems an…

72-301. Definitions. As used in these regulations, the following terms shall have the meanings indicated below: 1. ‘‘Adverse Impact’’ means a significant negative impact to land, water and associated resources resulting from a land disturbing activity. The negative impact include…

72-302. Exemptions, Waivers and Variances from Law. A. The following activities are exempt from both the sediment control and stormwater manage- ment requirements established by these regulations: (1) Land disturbing activities on agricultural land for production of plants and an…

72-303. Commission Responsibilities. A. The Commission is responsible for the implementation and supervision of the stormwater management and sediment control program which is established by Chapter 14, Title 48, S.C. Code. B. The schedule for implementing the Stormwater Manageme…

72-304. Criteria for Delegation/Revocation of Programs. 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 re…

72-305. Permit Application and Approval Process. 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 p…

72-306. Fees. A. The fees associated with the plan review and approval process inspection and enforcement shall be set by the implementing agency. If permit fees are established, they shall be established in accordance with the following items: (1) Delegation of program elements …

72-307. Specific Design Criteria, Minimum Standards and Specifications. A. General submission requirements for all projects requiring stormwater management and sedi- ment control plan approval will include the following information as applicable: (1) A standard application form, …

72-308. Maintenance Requirements and Off-Site Damage Correction. 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 respon…

72-309. Criteria for Designated Watersheds. The concept of designated watersheds is intended, not only to prevent existing water quantity and water quality problems from getting worse, but also to reduce existing flooding problems and to improve existing water quality or meet Sta…

72-310. Criteria for Implementation of a Stormwater Utility. The implementation of a stormwater utility will necessitate the development of a local utility ordinance or special taxing assessment prior to its implementation, pursuant to Chapter 9, Title 4, 1976 Code of Laws as ame…

72-311. Plan Review and Inspector Certification Programs. A. The Commission shall require that local governments which request delegation of stormwater management and sediment control plan review and approval/disapproval shall have a Certified Plan Reviewer representing the imple…

72-312. Review and Enforcement Requirements. 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 ma…

72-313. Hearings and Hearings Procedures. A. An administrative hearing is available, following a timely request, to determine the propriety of: (1) The denial of delegation of a program component. (2) A revocation of a delegated program component. (3) A denial or revocation of a …

72-314. Citizen Complaint Procedure on Delegated Program Components and Individual Sites. A. Persons may become aggrieved by land disturbing activities and program implementation. The following describes the procedure for a person to complain concerning program operation: (1) If …

72-315. Penalties. A. Any person who violates any provision of this chapter or any ordinance or regulation promul- gated, enacted, adopted, or issued pursuant to this chapter by the Commission or other implementing agency, or who initiates or continues a land disturbing activity …

72-316. Severability. If any section, subsection, sentence, clause, phrase, or portion of these regulations are for any reason held invalid or unconstitutional by any court or competent jurisdiction, such provision and such holding shall not affect the validity of the remaining p…

72-4. Inspections. A. General. Inspection of dams and their appurtenant works is necessary to verify the safety of dams and compliance with these rules and regulations and the Dams and Reservoirs Safety Act. The results of any inspection are subject to verification by the Departm…

72-405. Scope. A. All land disturbing activities under the jurisdiction of the Department must be performed in a manner that erosion is controlled and sediment is retained on the site concerned to the maximum extent feasible and stormwater is managed in a manner such that neither…

72-410. Definitions. As used in these regulations, the following terms shall have the meanings as indicated below: 1. ‘‘Commission’’ means the South Carolina Land Resources Conservation Commission. 2. ‘‘Department’’ means the South Carolina Department of Highways and Public Trans…

72-415. Exemptions. A. Any highway maintenance activity which disturbs less than five acres. B. Any land disturbing activity conducted pursuant to a construction activity which disturbs less than five acres. HISTORY: Added by State Register Volume 17, Issue No. 5, Part 3, eff May…

72-420. Activities Requiring Site Specific Plans. A. Land disturbing activity associated with any highway construction or maintenance project not specifically exempted in these Regulations. B. Land disturbing activity conducted for any reason under an encroachment permit, by ease…

72-425. Specific Design Criteria, Minimum Standards and Specifications. A. General submission requirements for all projects requiring site specific stormwater management and sediment control plans will include the following information as applicable: (1) A standard application fo…

72-430. Department Responsibilities. A. The Department shall file with the Commission, a copy of the sediment reduction and stormwater management plan, in accordance with R.72-420A, for each construction and maintenance activity as required by these regulations. B. The Department…

72-435. Commission Responsibilities. A. The Commission shall retain the plan six months after completion of the project. B. The Commission has the responsibility to investigate any complaint of violation against the Department for violating the plans submitted. C. The Commission …

72-440. Hearing and Complaint Procedure. A. An administrative hearing is available, following a timely request, to determine the propriety of: (1) A citizen complaint concerning program operation. (2) A contractor complaint concerning program operation. B. A hearing may be initia…

72-445. Inspection and Enforcement. A. The Commission may periodically inspect land disturbing activities performed pursuant to the plan required by this regulation. In the event the Commission finds that the measures in the plan are not adequate to control erosion, retain sedime…

72-5. Remedial Measures. A. General. The Department has the authority and responsibility to issue orders to dam owners mandating remedial measures necessary to protect life and property from danger imposed by unsafe dams. The remedial measures ordered by the Department shall be m…