Bill 494

                    Current Status

Bill Number:               494
Ratification Number:       293
Act Number:                277
Introducing Body:          Senate
Subject:                   Erosion and Sediment Reduction Act

(A277, R293, S494)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 48, SO AS TO ENACT "THE EROSION AND SEDIMENT REDUCTION ACT" OF 1983.

Be it enacted by the General Assembly of the State of South Carolina:

Findings

SECTION 1. The General Assembly finds: that erosion, sedimentation, and increased and accelerated water runoff resulting from various land disturbing activities and land uses constitute a major problem in this State. Erosion reduces the productivity of the land and increases management costs. Sediment impairs the quality and use of the waters of the State. The efficiency and effectiveness of public water supply and industrial treatment processes are reduced, and the costs of treatments are increased. The accumulation of sediment in reservoirs may greatly reduce water storage capacity. The safe use of water bodies for recreational activities is impaired by high sediment loads. Sediment fills navigation channels in rivers and harbors, hindering boat traffic and increasing the need for dredging. Excess sediment increases aquatic weed problems, damages game fish habitat, and is harmful to all levels of aquatic life. Erosion, sedimentation, and water runoff damage developed property. Excessive runoff overloads storm drainage systems and causes increased flooding.

It is the policy of the State to protect the land and waters of the State from damage by erosion, sedimentation, and excessive water runoff.

The purpose of this act is to strengthen existing erosion and sediment reduction and stormwater management programs for the protection of the land and water resources in the State. The South Carolina Land Resources Conservation Commission and the forty-six conservation districts of the State in cooperation with other appropriate state and federal agencies are assigned the responsibility of developing and implementing an erosion and sediment reduction and stormwater management program pursuant to this act.

Erosion and Sediment Reduction Act of 1983

SECTION 2. The 1976 Code is amended by adding to Title 48:

"Chapter 18

The Erosion and Sediment Reduction Act

Section 48-18-10. This chapter may be cited as the Erosion and Sediment Reduction Act of 1983.

Section 48-18-20. As used in this chapter:

(1) 'Erosion' means the wearing away of the ground surface by the action of wind, water, gravity, or any combination thereof.

(2) 'Sediment' means soil or other earth-like material that has been moved by the forces of water, wind, gravity, or any combination of them.

(3) 'Sedimentation' means the process or action of depositing sediment.

(4) 'Land disturbing activity' means any land change which may result in excessive erosion and sedimentation.

(5) 'Stormwater' means the direct runoff of water and associated material resulting from precipitation in any form.

(6) 'Local government' means any county or municipality.

(7) 'Soil and water conservation district' or 'conservation district' means a governmental subdivision of the State created pursuant to Chapter 9 of Title 48; and 'conservation district board' means the governing body of a soil and water conservation district.

(8) 'Commission' means the South Carolina Land Resources Conservation Commission.

(9) 'Privately owned land' means all land not owned by the State, a state agency, quasi-state agency, subdivision of the State, or a federal government agency.

(10) 'Quasi-state agency' means any entity other than a state agency but having some attributes of a state agency by virtue of the fact that the State has some authority to make rules and regulations by which it is governed. For the purpose of this act, the South Carolina Public Service Authority is a quasi-state agency; county and municipal governments and special purpose districts are not quasi-state agencies.

Section 48-18-30. This chapter does not apply to the following:

(1) Activities regulated by the South Carolina Mining Act (Chapter 19 of Title 48).

(2) Beach erosion, which for the purpose of this chapter, means removal of soil, sand, or rock from the land adjacent to the ocean due to wave action.

Section 48-18-40. The Land Resources Commission shall implement a statewide erosion and sediment reduction and stormwater management program as follows:

(1) The Commission is designated as the state agency responsible for developing, coordinating, and promoting erosion and sediment reduction and stormwater management programs in the State.

(2) The Commission must develop general guidelines for reducing erosion and sedimentation and improving stormwater management for use by conservation districts, local governments, landowners, and land users of the State. The Commission must publicize and promote these guidelines through information and education programs.

(3) The Commission must conduct surveys, investigations, and assessments of erosion, sediment, and stormwater management problems.

(4) The Commission must make available existing technical assistance upon request to local governments, conservation districts, landowners, and land users.

(5) The Commission must promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by the State, a state agency, or quasi-state agency or land under the management or control of such an entity through right-of-way easements or other agreements between such entities and private landowners, and must develop regulations for this purpose pursuant to Section 48-18-70. The regulations shall apply to privately owned lands only where they are under the management or control of the State, a state agency, or quasi-state agency through right-of-way easements or other agreements.

Section 48-18-50. (1) A State Advisory Council on Erosion and

Sediment Reduction (State Advisory Council), which may include, but not be limited to, a representative of each of the following, must be appointed by the Governor upon the advice of the following agencies and organizations:

South Carolina Association of Counties

South Carolina Municipal Association

South Carolina Association of Conservation Districts

South Carolina Home Builders Association

Associated General Contractors, Inc.

South Carolina Association of Realtors

South Carolina Chapter, American Society of Landscape Architects

South Carolina Chapter, American Society of Civil Engineers

Council of Governments Executive Director's Committee

South Carolina Farm Bureau

South Carolina State Grange

Office of the Governor

Senate Agriculture and Natural Resources Committee

House Agriculture and Natural Resources Committee

USDA-Soil Conservation Service

Clemson University

South Carolina Water Resources Commission

South Carolina Department of Health and Environmental Control

South Carolina Forestry Commission

South Carolina Forestry Association

South Carolina Chapter, American Institute of Architects

(2) The Commission must provide staff support to the State Advisory Council.

(3) Duties of the State Advisory Council include, but are not limited to the following:

(a) Study the erosion and sediment reduction and stormwater management programs of other states and evaluate their applicability to South Carolina.

(b) Evaluate erosion, sedimentation, and stormwater conditions in the State.

(c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the State.

(d) Assist the Commission with educational programs including, but not limited to, seminars, conferences, workshops, media productions, and written publication.

(e) Compile information pertaining to sedimentation of water bodies in the State.

(f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.

(g) Evaluate the need for additional legislation for erosion and sediment reduction and stormwater management.

(h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.

(i) Provide information to the Commission as needed.

Section 48-18-60. (1) The Conservation Districts shall:

(a) Assist in the development and promotion of erosion and sediment reduction and stormwater management programs as considered necessary by the conservation district boards.

(b) Provide leadership in the promotion of erosion and sediment reduction and stormwater management within their boundaries.

(c) Coordinate and seek assistance of governmental agencies, organizations, landowners, and land users for erosion and sediment reduction and stormwater management.

(d) Conduct demonstrations on erosion and sediment reduction and stormwater management utilizing proven conservation technology.

(e) Assist in the preparation of conservation plans for erosion and sediment reduction as requested by landowners and land users.

(f) Provide available technical assistance for erosion and sediment reduction and stormwater management planning upon request by landowners and land users.

(g) Perform other duties as defined in the Conservation Districts Law (Chapter 9 of Title 48).

(2) Each conservation district must appoint an Advisory Council on Erosion and Sediment Reduction (Local Advisory Council) which may include, but not be limited to:

(a) A local homebuilder.

(b) A local contractor.

(c) A local Realtor.

(d) A municipal councilman.

(e) A county planning agency representative.

(f) A county councilman.

(g) A conservation district commissioner.

(h) A county farm bureau representative.

(i) A county grange representative.

(j) A USDA-Soil Conservation Service representative.

(k) A county extension service representative.

(l) A State Forestry Commission representative.

(m) A local civil engineer.

(n) A local architect.

(o) A local landscape architect.

(3) Duties of the Local Advisory Council include, but are not limited to, the following:

(a) Study the erosion and sediment reduction and stormwater management programs of other districts and evaluate their applicability to its respective district.

(b) Evaluate erosion, sedimentation, and stormwater conditions in the district.

(c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the district.

(d) Assist the district with educational programs, including but not limited to, seminars, conferences, workshops, media productions, and written publications.

(e) Compile information pertaining to sedimentation of water bodies in the district.

(f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.

(g) Evaluate the need for additional programs for erosion and sediment reduction and stormwater management.

(h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.

(i) Provide information to the district as needed.

Section 48-18-70. (1) The Commission must promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by the State, a state agency, or quasi-state agency or land under the management or control of such an entity through right-of-way easements or other agreements between such entities and private landowners, except that the regulations may not apply to land owned by or under the jurisdiction of the South Carolina Department of Highways and Public Transportation or forest land owned or managed by the South Carolina Forestry Commission. The regulations shall apply to privately owned lands only where they are under the management or control of the State, a state agency, or quasi-state agency through right-of-way easements or other agreements. The regulations must include, but not be limited to, technical standards, specifications and guidelines for erosion and sediment reduction and stormwater management, and requirements for the implementation of the standards and specifications. The Commission must develop and propose for approval, the regulations provided for in this subsection in consultation with the State Engineer, Division of General Services, and other state agencies as applicable. The State Engineer must insure that such regulations are followed on all land and land disturbing activities under his jurisdiction.

(2) The Commission or its designated representative may inspect any land owned by the State, a state agency, or quasi-state agency or land under the management or control of such an entity through right-of-way easements or other agreements between such entities and private landowners to determine existing erosion and sedimentation and stormwater management problems and to insure the implementation of the provisions of the regulations provided for in subsection (1) of this section.

(3) Any state agency found by the Commission to be in noncompliance with the erosion and sediment reduction and stormwater management standards provided for in subsection (1) of this section must take the necessary steps as indicated by the standards and specifications provided for in subsection (1) of this section to correct the problems.

(4) The South Carolina Department of Highways and Public Transportation must promulgate regulations in consultation with the Commission for erosion and sediment reduction and stormwater management on land and land disturbing activities under the jurisdiction of the Department.

(5) The South Carolina Forestry Commission must develop a plan, in consultation with the Land Resources Commission, for erosion and sediment reduction and stormwater management on forest land owned or managed by the Forestry Commission, and shall implement such plan.

Section 48-18-80. Each conservation district must submit to the Commission an annual evaluation report with input from the Local Advisory Council on the progress in erosion and sediment reduction and stormwater management in the district. The Commission shall submit a comprehensive report to the Governor and the General Assembly every five years."

Regulations must be proposed within one year

SECTION 3. The regulations required by subsection (1) of Section 48-18-70 of the 1976 Code must be proposed for approval within one year of the effective date of this act. The regulations required by subsection (4) of Section 48-18-70 must be promulgated within one year of the effective date of this act. An initial report by the Commission based on evaluation reports required by Section 48-18-80 must be made two years after the effective date of this act and the first subsequent report required by Section 48-18-80 must be made five years from the effective date of this act.

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.