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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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§ 8-113 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
§ 8-121 VIOLATIONS.
   (a)   Upon determination that a Violation of any of the provisions of this article or the SWMP has occurred, the Director may give timely actual notice at the property where the violation has occurred or at the address of the permit holder and shall give written notice to the violator within 15 days. This notice shall specify: the nature of the violation, the potential penalty, if applicable, the corrective action required, which may include restoration of impact to offsite land and waters, and the amount of time in which to correct deficiencies, if appropriate. It shall be sufficient notification to deliver the notice to the person to whom it is addressed, or to deposit a copy of such in the United States Mail, properly stamped, certified and addressed to the address used for tax purposes.
   (b)   Upon determination that a violation of any of the provisions of this article or the SWMP have occurred, the County may choose to pursue in magistrate court action for criminal and/or civil fines and penalties to the maximum extent allowed by law. The County may also choose at its sole discretion, to proceed with a consent process. The first step for the consent process is for the County’s enforcement officer to hold a fact finding meeting with the violator. Second, the enforcement officer develops a draft consent decree that contains corrective actions and penalties based on the facts found. This draft consent decree is presented to the violator and may be negotiated for a mutually agreeable action. If the parties fail to agree on the consent action the enforcement officer will present an administrative order to be enforced on the violator. In cases where the violator refuses to comply with the administrative order the County will pursue criminal and/or civil penalties for violations as authorized by this article. Nothing in this section shall limit the ability of the County to pursue corrective action, including, but not limited to, stop work orders under § 8-125.
   (c)   The County Attorney may institute injunctive, mandamus or other appropriate action or proceedings at law or equity, including criminal proceedings, for the enforcement of this article or to correct violations of this article, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
(1976 Code, § 8-111) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-122 CRIMINAL PENALTIES.
   The County has the authority to charge any person violating any provision of this article with a misdemeanor punishable within the jurisdictional limits of magistrate’s court. Each day of a violation shall constitute a new and separate offense.
(1976 Code, § 8-117) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-123 ADDITIONAL LEGAL MEASURES.
   Where the County is fined and/or placed under a compliance schedule by the state or federal government for a violation(s) of its NPDES permit, and the County can identify the person(s) who caused such violations) to occur, the County may pass through the penalty and cost of compliance to that person(s).
(1976 Code, § 8-113) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
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