(A) No person shall (i) develop any land, (ii) engage in any industry or enterprise, (iii) construct, operate or maintain any landfill, hazardous waste treatment, disposal, or recovery facility, or any other industrial or related facility, (iv) dispose of any hazardous material or toxic substance or other pollutant, or (v) prevent the transport of sediment and other pollutants associated with stormwater runoff beyond the real property boundary lines other than in full compliance with this subchapter.
(B) In instances where an imminent threat to the health, safety, or general welfare of the public or the environment is suspected, the Director of Public Works shall determine if immediate action is necessary. Such action may be taken with or without the consent of the owner, operator or other responsible person. If such consent is denied, the Director of Public Works shall follow the provisions in Section 2.3 for entry upon the real property to remove such threat. In such instances, the owner, operator, or other responsible person shall reimburse the city for any and all expenses associated with removal of such threat. If the owner or operator fails to reimburse the city for such expenses, the city may recover the expenses from the owner, operator or other responsible person through any remedies available at law or in equity. Any fees or costs associated with any collection effort by the city are in addition to the recovery of the expenses.
(C) The following development activities are exempt from the provisions of this subchapter:
(1) Land disturbing activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices and minimum erosion protection measures established by the South Carolina Forestry Commission pursuant to S.C. Code § 48-18-70.
(2) Activities undertaken by persons who are otherwise regulated by the provisions of S.C. Code Title 48, Chapter 20, the South Carolina Mining Act, livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees, fur animals, and aquaculture. The construction of an agricultural structure that requires the disturbance of one or more acres, such as, but not limited to, broiler houses, machine sheds, repair shops, coops, barns, and other major buildings shall require the submittal and approval of an application in accordance with the Manual prior to the start of the land disturbing activity.
(3) Land disturbing activities on agricultural land for production of plants and animals, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees, fur animals, and aquaculture. The construction of an agricultural structure that requires the disturbance of one or more acres, such as, but not limited to, broiler houses, machine sheds, repair shops, coops, barns, and other major buildings shall require the submittal and approval of a land disturbance application prior to the start of the land disturbing activity.
(Ord. 23-07, passed 9-25-07) Penalty, see § 53.99