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Greenville County, SC Code of Ordinances
GREENVILLE COUNTY, SOUTH CAROLINA CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: ADULT-ORIENTED BUSINESSES
CHAPTER 3: AMUSEMENTS
CHAPTER 4: ANIMALS AND FOWL
CHAPTER 5: BUILDINGS AND CONSTRUCTION
CHAPTER 6: EMERGENCY MANAGEMENT
CHAPTER 7: FINANCE AND TAXATION
CHAPTER 8: FLOOD CONTROL, DRAINAGE, STORMWATER MANAGEMENT
CHAPTER 9: GARBAGE AND REFUSE
CHAPTER 10: HUMAN RELATIONS AND RESOURCES
CHAPTER 11: LAW ENFORCEMENT
CHAPTER 12: LIBRARIES, MUSEUMS AND CULTURAL FACILITIES
CHAPTER 13: MOBILE AND MANUFACTURED HOMES; TRAILERS
CHAPTER 14: MOTOR VEHICLES AND TRAFFIC
CHAPTER 15: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 16: RESERVED
CHAPTER 17: PLANNING AND DEVELOPMENT
CHAPTER 18: ROADS, HIGHWAYS AND RIGHTS-OF-WAY
CHAPTER 19: SIGNS
CHAPTER 20: UTILITY SERVICES
CHAPTER 21: BUSINESS REGULATIONS
APPENDIX A: ZONING ORDINANCE
APPENDIX B: RESERVED
APPENDIX C: LAND DEVELOPMENT REGULATIONS
APPENDIX D: FRANCHISES
APPENDIX E: STORMWATER BANKING PROGRAM MANUAL
TABLE OF ORDINANCES
PARALLEL REFERENCES
ARTICLE III: STORMWATER MANAGEMENT
Section
Division I. General Provisions
   8-61   Title
   8-62   Authority
   8-63   Findings
   8-64   Purpose
   8-65   Construction and scope
   8-66   Severability
   8-67   Prohibitions and exemptions
   8-68   Contiguous property
   8-69   Design standards
   8-70   Definitions
Division 2. Organization and Administration
   8-71   Regulations
   8-72   Greenville County Stormwater Management Program
   8-73   Duties of Director
   8-74   Coordination with other agencies
   8-75   Cooperation with other governments
Division 3. Permit and Submittal Requirements
   8-76   General requirements
   8-77   Submittal requirements
   8-78   Comprehensive stormwater pollution prevention plan requirements
   8-79   Reserved
Division 4. Grading and Sediment Control
   8-80   General
   8-81   Basic design requirements
   8-82, 8-83   Reserved
Division 5. Stormwater Management
   8-84   Minimum runoff control requirements
   8-85   Minimum water quality requirements
   8-86   Stormwater management facilities
   8-87   Hydrologic criteria
   8-88   Fee-in-lieu of on-site stormwater management facilities
   8-89   Right-to-discharge
   8-90   Consistency with existing watershed master plans or flood studies
   8-91   Ownership and County participation
Division 6. On-Going Inspection and Maintenance of Stormwater Facilities and Practices
   8-92   Long-term inspection of stormwater facilities and/or best management practices
   8-93   Right-of-entry for inspection
   8-94   Records of maintenance activities
   8-95   Failure to maintain
Division 7. Performance Security
   8-96   Resource Remediation Fund
   8-97—8-100   Reserved
Division 8. Detection and Removal of Illicit Connections and Discharges and Improper Disposal
   8-101   Illicit connections, illicit discharges and improper disposal
   8-102   Detection of illicit connections and improper disposal
   8-103, 8-104 Reserved
Division 9. Special Pollution Abatement Permits
   8-105   General
   8-106   Permit application procedure
   8-107   Approval of structural treatment devices
   8-108—8-110   Reserved
Division 10. Monitoring and Inspections
   8-111   Monitoring
   8-112   Inspections
   8-113   Construction inspection
   8-114—8-120   Reserved
Division 11. Enforcement, Penalties, and Abatement
   8-121   Violations
   8-122   Criminal penalties
   8-123   Additional legal measures
   8-124   Corrective action
   8-125   Stop work
   8-126   Permit suspension and revocation
   8-127   Civil penalties
   8-128—8-130   Reserved
Division 12. Variances
   8-131   General
   8-132   Requesting a variance
   8-133   Review procedure
   8-134—8-140   Reserved
Division 13. Appeals
   8-141   Appeal procedure
   8-142   Review procedure by Director
   8-143   Review by the Zoning Board of Appeals
   8-144   Appeal to Greenville County Court of Common Pleas
   8-145—8-150   Reserved
Division 14. Charges and Fees
   8-151   Funding
   8-152   Connection to conveyances
   8-153   Field inspection
DIVISION 1. GENERAL PROVISIONS
§ 8-61 TITLE.
   This article shall be known as the “Stormwater Management Ordinance of Greenville County, South Carolina.”
(1976 Code, § 8-51) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-62 AUTHORITY.
   This article is adopted pursuant to the authority conferred upon the County of Greenville (the “County”) by the South Carolina Constitution, the South Carolina General Assembly and in compliance with the requirements imposed upon the County by the National Pollutant Discharge Elimination System (“NPDES”) Permit No. SC230001 issued in accordance with the federal Clean Water Act being 33 U.S.C. §§ 1251 et seq., the South Carolina Pollution Control Act being S.C. Code, Title 48, Ch. 1 and regulations promulgated thereunder.
(1976 Code, § 8-52) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-63 FINDINGS.
   Greenville County Council makes the following findings:
   (a)   Uncontrolled stormwater runoff may have significant, adverse impact on the health, safety and general welfare of Greenville County and the quality of life of its citizens by transporting pollutants into receiving waters and by causing erosion or flooding.
   (b)   The County of Greenville is required by federal law (33 U.S.C. 1342(p) and 40 CFR 122.26) to obtain a National Pollutant Discharge Elimination System permit from the South Carolina Department of Health and Environmental Control (“DHEC”) for stormwater discharges from the Greenville County Stormwater System. The NPDES permit requires the County to impose controls to reduce the discharge of pollutants in stormwater to maximum extent practicable using management practices, control techniques and system, design and engineering methods, and such other provisions which are determined to be appropriate for the control of such pollutants.
   (c)   Additionally, certain facilities that discharge stormwater associated with an industrial activity, including land disturbing activities, are required to obtain NPDES permits. Also, the South Carolina Stormwater Management and Sediment Reduction Act (S.C. Code §§ 48-14-10 et seq.) requires a state permit for certain land disturbing activities.
(1976 Code, § 8-53) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-64 PURPOSE.
   (a)   It is the purpose of this article to protect, maintain, and enhance the environment of Greenville County and the short-term and long-term public health, safety, and general welfare of the citizens of Greenville County by establishing requirements and procedures to control the potential adverse effects of increased stormwater runoff associated with both future development and existing developed land. Proper management of stormwater runoff will minimize damage to public and private property, ensure a functional drainage system, reduce the effects of development on land and stream channel erosion, attain and maintain water quality standards, enhance the local environment associated with the drainage system, reduce local flooding, reduce pollutant loading to the maximum extent practicable and maintain to the extent practicable the pre-developed runoff characteristics of the area, and facilitate economic development while mitigating associated pollutant, flooding and drainage impacts.
   (b)   It is further the purpose of this article to comply with the Federal and corresponding state stormwater discharge (NPDES) regulations (40 CFR 122.26 and South Carolina Regulation 61-9.122.26) developed pursuant to the Clean Water Act, being 33 U.S.C. §§ 1251 et seq. and to ensure that Greenville County has the authority to take any action required by it to obtain and comply with its NPDES permit for stormwater discharges. Among other things, these regulations require Greenville County to establish legal authority which authorizes or enables Greenville County at a minimum to:
      (1)   Control the contribution of pollutants to the Greenville County MS4 and receiving waters by stormwater discharges associated with residential, commercial, industrial, and related facilities activity and the quality of stormwater discharged from sites of residential, commercial, industrial, and related facilities activity;
      (2)   Prohibit illicit discharges to the Greenville County MS4 and receiving waters;
      (3)   Control, the discharge to the Greenville County MS4 and receiving waters of spills, dumping or disposal of materials other than stormwater;
      (4)   Control, through intergovernmental agreements, contribution of pollutants from one municipal stormwater system to another;
      (5)   Require compliance with conditions in ordinances, permits, contracts or orders;
      (6)   Carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with permit conditions including the prohibition on illicit discharges to Greenville County MS4 and receiving waters.
   (c)   The application of this article and the provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by statute. In addition, if site characteristics indicate that complying with these minimum requirements will not provide adequate designs or protection for local property or residents, it is the responsibility of the owner and the operator to provide appropriate management practices, control techniques and system, design and engineering methods and such other programs and controls as are required by Greenville County’s NPDES permit.
   (d)   This article is to be construed to further its purpose of controlling and reducing pollutant discharges to the Greenville County MS4 and thus to the Waters of the State to assure the obligations under its NPDES permit issued by the Department of Health and Environmental Control (DHEC) as required by 33 U.S.C. 1342 and 40 CFR 122.26.
(1976 Code, § 8-54) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
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