South Carolina Code 49-11-170. Bringing unsafe dams to attention of department; preliminary inspections; detailed inspection at owner’s expense; notice to owner; hearings
(B) Upon staff or other authorized investigations or upon receipt of a written private complaint alleging that the person or property of the complainant is endangered by the construction, maintenance, operation, or condition of a dam or reservoir, the department shall cause a preliminary inspection of the structure and downstream development to be made by field observations to determine if the complaint is meritorious. The department may require the owner of the dam or reservoir to provide data, records, and design plans of the structure specified by regulations.
Terms Used In South Carolina Code 49-11-170
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dam: means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. See South Carolina Code 49-11-120
- Danger to life or property: means a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause injury to persons, loss of human life, or damage to property. See South Carolina Code 49-11-120
- Department: means the South Carolina Department of Health and Environmental Control or its staff or agents. See South Carolina Code 49-11-120
- Detailed inspection: means all studies, investigations, and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. See South Carolina Code 49-11-120
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Order: means a written document prepared and issued by the department which mandates specific actions to be accomplished by a dam owner within a specified time frame. See South Carolina Code 49-11-120
- Owner: means those who own, control, operate, maintain, manage, or propose to construct a dam or reservoir. See South Carolina Code 49-11-120
- Removal: means destruction or breaching of an existing dam or drainage of water impoundment or reservoir. See South Carolina Code 49-11-120
- Reservoir: means a reservoir which contains the impoundment of water by a dam or reservoir. See South Carolina Code 49-11-120
- Unsafe: means the condition of the dam is such that repairs or alterations are necessary to reduce the risk of dam failure. See South Carolina Code 49-11-120
(C) If upon the preliminary inspection it is determined that the dam or reservoir is unsafe and is dangerous to life or property, the department may order the owner at his expense to make a detailed inspection of the dam and reservoir and surrounding area and to provide to the department within a time frame specified by the department plans prepared by a qualified registered professional engineer for correction of all deficiencies of the dam or to provide to the department plans and specifications for removal of the dam. In either instance the plans must be approved by the department before implementation and implemented within a time frame specified by the department. If upon inspection it is determined that the dam or reservoir has not been maintained in good repair or operating condition, the department may order the owner at his expense to accomplish the necessary maintenance or to obtain a permit for removal and to remove the dam within a time frame specified by the department.
(D) The department shall give the owner notice of its action when:
(1) a complaint has been filed alleging that the owners’ dam or reservoir is unsafe and a danger to life or property stating the nature of the complaint;
(2) a preliminary inspection has been made with findings.
(E) The owner of a dam or reservoir determined through a preliminary inspection not to be maintained in good repair or operating condition or to be unsafe and a danger to life or property may request a hearing before the board of the department within thirty days after notice of the findings are delivered. The owner may submit written or present oral evidence which must be considered by the board of the department in the issuance of the order.