S c stormwater management and sediment reduction regulations
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S. C. Stormwater Management and Sediment Reduction Regulations. Dwayne E. Creel, P.E. Manager, SCDHEC Stormwater, Agricultural and Dams and Reservoir Safety Permitting Section. What Regulations Apply to Land Disturbing Activities?.

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S. C. Stormwater Management and Sediment Reduction Regulations

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S. C. Stormwater Management and Sediment Reduction Regulations

Dwayne E. Creel, P.E.

Manager, SCDHEC Stormwater, Agricultural and Dams and Reservoir Safety Permitting Section

What Regulations Apply to Land Disturbing Activities?

  • S. C. Stormwater Management and Sediment Reduction Act of 1991, R. 72-300

  • NPDES General Permit for Construction Activities, SCR100000

  • S. C. Pollution Control Act

Stormwater Permitting Requirements

  • All activities that disturb more than 2 acres of land are required to obtain a state land disturbance permit

  • All activities that disturb 2 acres or less are required to submit an application for permit exemption along with a set of site plans

  • Federal NPDES General Permit coverage required for all activities that disturb one or more acres (this includes activities that are exempt from the State permitting requirements)

Permitting Fees

  • State stormwater permit fees for sites disturbing more than 2 acres or projects that are less than 2 acres but are part of a larger common plan:

    $100/disturbed acre up to a maximum of $2000

  • NPDES General Permit fees:

    $125 (If the project is exempt from the State permitting requirement, but requires a review for NPDES coverage, then a $100/disturbed acre fee also applies)

Projects Exempt from R.72-300

  • Agricultural activities

  • Forestry activities

  • Activities undertaken by persons regulated by the SC Mining Act

  • Construction of single family residences that are not part of a larger common plan for development

  • Repair and maintenance of railroad facilities

  • Certain activities undertaken by persons providing gas, electrification, or communication services which are subject to the jurisdiction of the SC Public Service Commission

State Permit Requirements

  • Plans must be prepared by a registered engineer, landscape architect, or tier B land surveyor

  • Plans must show how sediment and erosion control will be addressed

  • Best Management Practices (BMPs) must be identified on the plans and installed accordingly

  • Approved plans must be kept on-site at all times

  • BMPs should be inspected at least once every 7 days and after each rainfall event greater than 0.5 inches

State Permit Requirements

  • Regulations require that post-developed stormwater runoff rates not exceed pre-developed runoff rates for sites that disturb more than 2 acres

  • Detention waivers can be granted on a case-by-case basis with proper justification

  • If 10 or more disturbed acres drain to a single point, then sediment calculations must be submitted showing a trapping efficiency of at least 80%

State Permit Requirements

  • Permanent water quality measures are required when 5 or more impervious acres are created

  • For a stormwater pond without a permanent pool, the first 1” of runoff over the entire site must be captured in the pond and released over a 24 hour period

  • For a stormwater pond with a permanent pool, only the first 1/2” of runoff must be captured

State Permit Requirements

  • If water quality is required, but permanent detention is not, then additional BMPs must be used to meet water quality requirements, such as:

    - inline treatment devices (Stormceptor, Vortechnics, Baysaver, etc.)

    - grassed swales

    - buffer strips

    - drop inlet filter devices (filter socks, bags, etc.)

    - bioretention areas

State Permit Requirements

  • If a detention or retention pond is being constructed, a pond maintenance plan along with a letter from the owner accepting ownership and maintenance responsibility must also be included with the submittal

  • Ease of maintenance must be considered in the pond design

  • Examples of maintenance items:

    inspecting the pond once a month

    mowing grass and weeds when necessary

    regrading and restablizing, if necessary, etc.

What Should be Shown on the Plans

  • Site location map

  • Legend

  • Plan preparer’s registration seal (signed)

  • North arrow and scale

  • Existing and proposed contours

  • Limits of disturbance

  • Delineation of wetlands and/or waters of the State

  • Construction sequence of activities

What Should be Shown on the Plans

  • Location of all temporary and permanent control devices

  • Grassing and seeding schedule

  • Details for all sediment and erosion control devices

  • Statement indicating that if water is encountered while trenching, it should be filtered to remove any sediments before being pumped back into a creek or wetland area (for utility projects)

  • Statement recommending covering and temporary seeding at the end of each day (for utility projects)

Additional Items to be Submitted

  • Permit application form

  • Permit application fees

  • Project narrative

  • Stormwater calculations

  • Pre and postdeveloped drainage area maps

  • Copy of a USGS topo map showing the site

  • Floodway/FEMA Flood maps, if necessary

  • Any other information necessary to review the permit application

What Should Be Done During Construciton

  • Properly install and maintain BMPs

  • Perform weekly inspections of BMPs and make any necessary repairs

  • Minimize the potential for offsite impacts

  • Try to phase construction in order to reduce the amount of land disturbed at one time

  • Disturbed areas should be grassed within 14 days of the completion of construction on that portion of the site

Federal NPDES Permit Requirements

  • All projects that disturb 1 acre or more and any project in the coastal counties that is within 1/2 mile of a receiving waterbody are required to obtain coverage under NPDES General Permit SCR100000

  • A Stormwater Pollution Prevention Plan must be prepared for the land disturbing activity

  • If an application is made under the State program, that serves as the Notice of Intent for coverage under the NPDES General Permit as well

Federal NPDES Permit Requirements

  • All contractors and subcontractors whose work at the site involves land disturbance that may affect stormwater and sediment control must sign a copy of a certification statement accepting co-permittee status (Co-permittee Agreement)

  • Must keep a copy of the plans on site at all times

  • Keep a record of all inspections and maintenance activities

Status of the NPDES General Permit

  • The existing GP expired Jan. 31, 2003

  • The expired GP continues in effect until a new GP is issued

  • Draft of the proposed GP public noticed in December 2003

  • In the process of responding to comments received during the public notice period

  • GP expected to be issued within the next 3-4 months

Proposed Changes to the NPDES General Permit

Owners/operators of construction activities that disturb 10 or more acres must submit monthly reports to DHEC summarizing the inspections and compliance status

  • Inspection frequency has been modified to allow more flexibility:

    • Inspect every 7 days or

    • Inspect every 14 days and within 24 hours after a storm event of 0.5 inches or greater

Proposed Changes to the NPDES General Permit

  • Site inspections must be performed by one of the following:

    - preparer of the SWPPP or someone who works directly for the plan preparer

    - someone with a registration equivalent to that of the plan preparer or someone who works directly for that equivalent individual

    - a Certified Sediment and Erosion Control Inspector (must have been certified through a DHEC approved training course, passed an examination, and have adequate work experience in sediment and erosion control)

Results of Permit Non-Compliance

  • Issuance of a cease and desist order

  • State fine of up to $1000 per day per violation

  • NPDES fines:

    Civil penalties of up to $10,000 per day per violation

    Criminal penalties of up to $25,000 per day per violation

DHEC Stormwater Webpage

  • www.scdhec.gov/eqc/water/html/erfmain.html

  • Application form

  • Plan review checklist

  • Soils data

  • Co-permittee Agreement

  • Plan reviewer information

  • Permit status

  • Stormwater Management Handbook (rev. 8/02)

  • Regulations

Contact Information

Dwayne Creel, P.E.

SCDHEC Stormwater Permitting Section

2600 Bull Street

Columbia, SC 29201

(803) 898-4028



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