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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
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§ 8-106 PERMIT APPLICATION PROCEDURE.
   All special pollution abatement permit requests shall include as a minimum the following information:
   (a)   Name of the development.
   (b)   Physical location of the development.
   (c)   Name of impaired waterbody that receives stormwater discharge from the development.
   (d)   Pollutant(s) of concern that is responsible for the designated impairment.
   (e)   Supporting information for the permit request, including:
      (1)   Name of contact person for permit compliance.
      (2)   Site map (minimum scale of 1” =-50’) of development with buildings, parking, drives, other impervious surfaces, ditches, pipes, catch basins, drainage basin limits, acreage of offsite water draining onto the development, discharge points to Waters of the United States or Waters of the State, and locations of stormwater treatment facilities and BMPs.
      (3)   Stormwater treatment facilities and BMPs including manufacturer, model, flow rates of runoff draining to each facility or BMP for the 1-year and 10-year 24-hour storms, and the verified treatment and bypass flows for each facility and BMP.
      (4)   Inspection and maintenance program and schedule for each facility or BMP.
   (f)   Certification by the engineer of record that the stormwater treatment facility or BMP will address the pollutants listed in the TMDL or on the impairment for the waterbody on the 303(d) and meets the requirements in the TMDL for the subject waterbody.
   (g)   Certification by the operator that the facility or BMP will be maintained and inspected according to the inspection and maintenance program detailed in the permit request. Certified quarterly reports shall be submitted to the Director by the operator of the facility or as the Director requires as given in the permit conditions. Sampling and monitoring may be required to verify the performance of the facility and compliance with the requirements in the Special Pollution Abatement Permit.
(Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-107 APPROVAL OF STRUCTURAL TREATMENT DEVICES.
   Before the approval of structural stormwater treatment devices, the Director may require valid documentation from full-scale testing by an independent third party to verify that the pollutants of concern will be properly controlled if they are not on the approved list.
(Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§§ 8-108—8-110 RESERVED.
DIVISION 10. MONITORING AND INSPECTIONS
§ 8-111 MONITORING.
   The Director shall monitor the quantity of, and the concentration of pollutants in stormwater discharges from the areas and/or locations designated in the Greenville County Stormwater Management Program.
(1976 Code, § 8-101) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-112 INSPECTIONS.
   (a)   The Director and/or other authorized personnel, bearing proper credentials and identification, may enter and inspect all properties for regular inspections, periodic investigations, monitoring, observation measurement, enforcement, sampling and testing, to effectuate the provisions of this article and of the SWMP programs. The Director shall duly notify the owner of said property or the representative on site and the inspection shall be conducted at reasonable times.
   (b)   Upon refusal by any property owner to permit an inspector to enter or continue an inspection, the inspector shall terminate the inspection or confine the inspection to areas concerning which no objection is raised. The inspector shall immediately report the refusal and the grounds to the Director. The Director and/or other authorized personnel shall promptly seek appropriate compulsory process.
   (c)   In the event that the Director or the designee reasonably believes that discharges from the property into the Greenville County MS4 may cause an imminent and substantial threat to human health or the environment, the inspection may take place at any time and without notice to the owner of the property or a representative on site. The inspector shall present proper credentials upon reasonable request by the owner or representative.
   (d)   Inspection reports shall be maintained in a permanent file located in the Land Development Division office.
   (e)   At any time during the conducting of an inspection or at such other times as the Director or his designee may request information from an owner or representative, the owner or representative may identify areas of its facility or establishment, material or processes which contains or which might reveal a trade secret. If the Director or his designee has no clear and convincing reason to question such identification, all material, processes and all information obtained within such areas shall be conspicuously labeled “CONFIDENTIAL - TRADE SECRET.” The trade secret designation shall be freely granted to any material claimed to be such by the owner or representative unless there is clear and convincing evidence for denying such designation. In the event the Director does not agree with the trade secret designation, the material shall be temporarily designated a trade secret and the owner or representative may request an appeal of the Director’s decision in the manner in which all such appeals are handled in this article.
   (f)   All trade secret material which are prepared or obtained by or for the Director shall be marked as such and filed in a secure place separate from regular, non-secret files, and documents. Reports from samples prepared or obtained by or for the Director or Appeal Board or submitted for laboratory analysis shall be marked as such and treated in the same manner as other trade secret material. Trade secret material shall not be divulged by the Director to anyone other than:
      (1)   Other employees of the County or employees of the State or Federal governments engaged in an inspection or enforcement proceeding involving the designated material; and
      (2)   To administrative or judicial courts upon order to so divulge the material to the court.
(1976 Code, § 8-102) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-113 CONSTRUCTION INSPECTION.
   Inspection and enforcement can be divided into two distinct categories, during construction and post construction. Construction inspection ensures that the storm drainage systems, stormwater management facilities and erosion and sediment control measures are constructed and installed in accordance with the approved C-SWPPP and OS-SWPPP. All construction inspection shall conform as outlined in the most current SCDHEC NPDES General Permit for Stormwater Discharges for Construction Activities. In addition, the following apply:
   (a)   No stage of work, related to the construction of stormwater management facilities, shall proceed the next preceding stage of work, according to the sequence specified in the approved staged construction and inspection control schedule until it is inspected and approved.
   (b)   The permittee shall notify the Land Development Division before commencing any work to implement the OS-SWPPP and upon completion of the work.
   (c)   Third party inspections, by a qualified individual who is independent of the owner must comply as outlined in the most current SCDHEC’s NPDES General Permit for Stormwater Discharges from Construction Activities or may be required at the discretion of the Director at sites that have compliance problems and at sites where stormwater discharges to environmental sensitive waters (such as waters classified as Trout Waters, Outstanding Resource Waters, Shellfish Harvesting Waters, etc.).
   (d)   Once construction is complete, a final inspection will be conducted, and as-built documentation will be submitted to show that the constructed project meets the requirements of the approved C-SWPPP and OS-SWPPP. At this point the land disturbance permit is closed and the responsibility for the operation and maintenance of the storm drainage systems and stormwater management facilities is transferred from the operator to the persons responsible for maintenance.
   (e)   The operator shall provide an “as-built” plan certified by a registered professional to be submitted upon completing of the stormwater management facilities included in the C-SWPPP. The registered professional shall certify that:
      (1)   The facilities have been constructed as shown on the “as-built” plan; and
      (2)   The facilities meet the approved C-SWPPP or achieve the function for which they were designed.
   (f)   Acceptable “as-built” plans shall be submitted prior to:
      (1)   The use or occupancy of any commercial or industrial site.
      (2)   Final acceptance of any road into the Official County Road Inventory.
      (3)   Release of any performance security held by the County.
      (4)   Approval of a new C-SWPPP if the plan proposes to use an existing stormwater management facilities that does not have an acceptable “as-built” plan on file at the Land Development Division’s office.
      (5)   Approval and/or acceptance for recording of map plat or drawing, the intent of which is to cause a division of a single parcel of land into 2 or more parcels.
   (g)   The Director shall report the performance of any non-performing Certified Erosion and Sediment Control Inspector to the South Carolina Department of Health and Environmental Control and to Clemson University for appropriate action.
   (h)   After construction is complete the persons responsible for maintenance are required to conduct periodic inspections of the stormwater management facilities, features or BMPs. Inspections must be documented and maintenance for future verification. The County will conduct periodic post-construction compliance inspections. During the compliance inspections the persons responsible for maintenance may be required to provide copies of their inspection and maintenance activities documentation to the County.
(1976 Code, § 8-85) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§§ 8-114—8-120 RESERVED.
DIVISION 11. ENFORCEMENT, PENALTIES, AND ABATEMENT
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