S.C. Code Regs. § § 72-9

Current through Register Vol. 48, No. 11, November 22, 2024

Section 72-9 - Hearings and Hearing Procedures

A. An Administrative hearing is available, following a timely request, to determine the propriety of:

1. A classification of a dam or reservoir under the Regulation covering Dam Classifications and Exemptions;

2. A revocation or denial of a construction permit under the Regulation covering Permitting Procedures and Requirements;

3. The terms and conditions of a construction permit;

4. The issuance of an inspection and repair order under the Regulation covering Remedial Measures;

5. The issuance of a maintenance order under the Regulation covering Remedial Measures;

6. The imposition of an administrative fine under the Regulation covering Administrative Fines.

B. A hearing may be initiated by any owner, provided that a written request is received within thirty (30) days after notice is given to the owner of the adverse action. The contested case hearing will be held before an Administrative Law Judge. Any request for a hearing shall be filed with the Clerk of the Board of DHEC and shall contain the following:

1. The name of the party requesting the hearing and the issue(s) for which the hearing is requested.

2. The caption or other information sufficient to identify the decision, order, or inaction which is the subject of the hearing; and

3. The relief requested.

C. Board review and any subsequent judicial review of the order of the Administrative Law Judge shall be allowed in accordance with the South Carolina Administrative Procedures Act and any applicable rules and regulations.

TABLE I

SPILLWAY DESIGN FLOOD CRITERIA

Hazard	Size	Spillway Design Flood (SDF) [FN*]
High	Very Small	100-yr. to 1/2 PMF
Small	1/2 PMF to PMF
Intermediate	PMF
Large	PMF
Significant	Small	100-yr. to 1/2 PMF
Intermediate	1/2 PMF to PMF
Large	PMF
Low	Small	50 to 100-yr. frequency
Intermediate	100-yr. to 1/2 PMF
Large	1/2 PMF to PMF
[FN*] Note: When appropriate, the spillway design flood may be reduced to the spillway discharge at which dam failure will not significantly increase the downstream hazard which exists just prior to dam failure.

TABLE II

ADMINISTRATIVE FINES

Failure to notify Department within 30 days of ownership transfer: High hazard dam (except very small size class)	$200
High hazard dam (very small size class)	$100
Significant hazard dam	$100
Failure to obey written repair order or written emergency repair order
High hazard dam	$1000
Significant hazard dam	$500
Failure to obey written maintenance order:
High hazard dam	$500
Significant hazard dam	$250
Construction of dam without a permit:
High hazard dam	$500
Significant hazard dam	$250
Failure to obey conditions in a permit:
High hazard dam	$300
Significant hazard dam	$150
Failure to provide or update Emergency Action Plan:
High hazard dam (except very small size class)	$200
High hazard dam (very small size class)	$100
Significant hazard dam	$100
Other violations of Act or Regulations: High hazard dam	$100-$1000
(depending on severity of offense)
Significant hazard dam	$100-$500
(depending on severity of offense)

TABLE III MINIMUM FREQUENCY OF USE EARTH VEGETATED SPILLWAYS

Low hazard dam	1 year
Significant hazard dam	10 years
High hazard dam	25 years

S.C. Code Regs. § 72-9

Amended by State Register Volume 5, eff June 5, 1981; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993; State Register Volume 21, Issue No. 7, eff July 25, 1997.