Current Status Introducing Body:House Bill Number:3670 Primary Sponsor:Wright Committee Number:20 Type of Legislation:GB Subject:Erosion and Sediment Reduction Act Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Date Tabled:19940119 Computer Document Number:DKA/4329SD.93 Introduced Date:19930310 Last History Body:House Last History Date:19940119 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Wright Sharpe Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3670 House 19940119 Tabled in Committee 20
3670 House 19930310 Introduced, read first time, 20
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND CHAPTER 18 OF TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EROSION AND SEDIMENT REDUCTION ACT, SO AS TO FURTHER PROVIDE FOR DEFINITIONS, FOR CERTAIN EXCEPTIONS, FOR THE AUTHORITY OF THE LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE CERTAIN REGULATIONS AND THE APPLICABILITY OF THOSE REGULATIONS, FOR THE MEMBERSHIP OF THE ADVISORY COUNCIL ON EROSION AND SEDIMENT REDUCTION, AND FOR CERTAIN REPORTING REQUIRED UNDER THE ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 18 of Title 48 of the 1976 Code is amended to read:
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 of them.
(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 solid particle matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin.
(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 use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff.
(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, a school district, quasi-state agency, subdivision of the State, or a federal governmental agency.
(10) `Quasi-state agency' means any an 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 chapter, the South Carolina Public Service Authority is a quasi-state agency; county and municipal governments and special purpose districts are not quasi-state agencies.
(11) `School district' means any area or territory comprising a public entity and political subdivision of this State, whose sole purpose is that of providing free school education and whose boundary lines are a matter of public record.
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) activities regulated under Chapter 14 of Title 48, `The South Carolina Stormwater Management and Sediment Reduction Act';
(2)(3) 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 government, 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, school district, or quasi-state agency through right-of-way easements or other agreements.
Section 48-18-50. (1)(A) 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
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
South Carolina Coastal Council
Trout Unlimited
Sierra Club
South Carolina Wildlife Federation
South Carolina Audubon Society
(2)(B) The term of office of the members of the State Advisory Council is coterminous with that of the Governor. A vacancy occurring on the council by death, resignation, or otherwise must be filled by an appointment by the Governor upon the advice of the agency or organization whose representative created the vacancy.
(C) The Governor shall appoint a chairman of the State Advisory Council from its members.
(D) The commission must provide staff support to the State Advisory Council.
(3)(E) Duties of the State Advisory Council include, but are not limited to the following:
(a)(1) study the erosion and sediment reduction and stormwater management programs of other states and evaluate their applicability to South Carolina.;
(b)(2) evaluate erosion, sedimentation, and stormwater conditions in the State.;
(c)(3) recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the State.;
(d)(4) assist the commission with educational programs including, but not limited to, seminars, conferences, workshops, media productions, and written publication.;
(e)(5) compile information pertaining to sedimentation of water bodies in the State.;
(f)(6) evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.;
(g)(7) evaluate the need for additional legislation or regulations for erosion and sediment reduction and stormwater management.;
(h)(8) recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.;
(i)(9) provide information to the commission as needed.
Section 48-18-60. (1)(A) The Conservation Districts shall may:
(a)(1) assist in the development and promotion of erosion and sediment reduction and stormwater management programs as considered necessary by the conservation district boards.;
(b)(2) provide leadership in the promotion of erosion and sediment reduction and stormwater management within their boundaries.;
(c)(3) coordinate and seek assistance of governmental agencies, organizations, landowners, and land users for erosion and sediment reduction and stormwater management.;
(d)(4) conduct demonstrations on erosion and sediment reduction and stormwater management utilizing proven conservation technology.;
(e)(5) assist in the preparation of conservation plans for erosion and sediment reduction as requested by landowners and land users.;
(f)(6) provide available technical assistance for erosion and sediment reduction and stormwater management planning upon request by landowners and land users.;
(g)(7) perform other duties as defined in the Conservation Districts Law (Chapter 9 of Title 48).
(2)(B) Each conservation district must may appoint an Advisory Council on Erosion and Sediment Reduction (Local Advisory Council) which may include, but not be limited to a:
(a) (1) A local homebuilder.;
(b) (2) A local contractor.;
(c) (3) A local realtor.;
(d) (4) A municipal councilman.;
(e) (5) A county planning agency representative.;
(f) (6) A county councilman.;
(g) (7) A conservation district commissioner.;
(h) (8) A county farm bureau representative.;
(i) (9) A county grange representative.;
(j)(10) A USDA-Soil Conservation Service representative.;
(k)(11) A county extension service representative.;
(l)(12) A State Forestry Commission representative.;
(m)(13) A local civil engineer.;
(n)(14) A local architect.;
(o)(15) A local landscape architect.
(3)(C) Duties of the Local Advisory Council include, but are not limited to, the following:
(a)(1) study the erosion and sediment reduction and stormwater management programs of other districts and evaluate their applicability to its respective district.;
(b)(2) evaluate erosion, sedimentation, and stormwater conditions in the district.;
(c)(3) recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the district.;
(d)(4) assist the district with educational programs, including, but not limited to, seminars, conferences, workshops, media productions, and written publications.;
(e)(5) compile information pertaining to sedimentation of water bodies in the district.;
(f)(6) evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.;
(g)(7) evaluate the need for additional programs for erosion and sediment reduction and stormwater management.;
(h)(8) recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.;
(i)(9) provide information to the district as needed.
Section 48-18-70. (1)(A) The commission shall must promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by this State, a state agency, school district, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners, except that the regulations may not apply to forest land owned or managed by the South Carolina Forestry Commission. The regulations apply to privately-owned lands only where they are under the management or control of this State, a state agency, school district, 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 shall 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 shall ensure that the regulations are followed on all land and land disturbing activities under his jurisdiction.
(2)(B) The commission or its designated representative may inspect land owned by this State, a state agency, school district, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners to determine existing erosion and sedimentation and stormwater management problems and to ensure the implementation of the provisions of the regulations provided for in subsection (1)(A) of this section.
(3)(C) A 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)(A) of this section shall take the necessary steps indicated by the standards and specifications provided for in subsection (1)(A) of this section to correct the problems.
(4)(D) The South Carolina Land Resources Commission in consultation with the South Carolina Department of Highways and Public Transportation and the South Carolina Department of Health and Environmental Control shall promulgate regulations for erosion and sediment reduction and stormwater management on land and land disturbing activities under the jurisdiction of the department.
(5)(E) The South Carolina Forestry Commission shall 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 the 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."
SECTION 2. The regulations required by Chapter 18 of Title 48 of the 1976 Code, as amended by this act, must be promulgated within one year of the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor.