(A) Requirements of operators:
(1) The primary permittee is responsible for preparation and submittal of the C-SWPPP and to comply with the requirements of this chapter and the most current South Carolina NPDES Construction General Permit (NPDES-CGP).
(2) In developing plans for residential subdivisions, individual lots in a residential subdivision development shall be required to obtain and comply with the OS-SWPPP. The residential subdivision development, as a whole, shall be considered a larger common plan (LCP) and to be a single land disturbing activity requiring a C-SWPPP. Hydrologic parameters that reflect the LCP shall be used in all engineering calculations.
(3) If individual lots or sections in a residential subdivision are being developed by different operators, all land disturbing activities related to the residential subdivision shall be covered by the approved C-SWPPP for the residential subdivision. If the primary permittee obtains coverage under a C-SWPPP for the development and thereafter sells lots within the development, then, at the discretion of the primary permittee, permit coverage shall be one of the following:
(a) The primary permittee may require that the new lot owner obtain their own coverage under the C-SWPPP as a secondary permittee. The primary permittee must make the OS-SWPPP, design plans and a copy of the CGP available to the new owner seeking individual lot(s) coverage., or
(b) The primary permittee may require that the new lot owner obtain their own permit coverage as a new primary permittee with their own C-SWPPP.
(4) When the operator (new owner) makes changes after the C-SWPPP has been approved the new owner must notify the county in writing within 14 calendar days. The new owner may not commence work at the construction site until the C-SWPPP has been modified with the new owner information, and they have received NOI coverage from SCDHEC. If the new owner elects to modify the layout of the construction site, thereby altering the approved C-SWPPP, the new owner must apply for a new permit and new NOI coverage.
(5) If an individual lot owner or residential builder elects not to follow the drainage provisions in the primary permittee’s approved OS-SWPPP, the county will require the individual lot owner or residential builder to obtain coverage under their own C-SWPPP as a primary permittee.
(6) If a lending institution takes operational control of a construction site due to foreclosure, permittee filing for bankruptcy, abandonment, etc., then the lending institution is responsible for the construction site’s stormwater discharges. A permit is required under this chapter prior to the entity initiating construction activity at the site.
(7) Contractors employed by the primary or secondary permittee, whose work at the construction site may disturb soils or whose work may otherwise be necessary to implement the OS-SWPPP, must complete a contractor certification form or must submit an annual blanket NOI covering all construction activities within a LCP statewide to SCDHEC.
(B) Residential subdivisions, which were approved prior to the effective date of these regulations and have an active approved land disturbance permit from York County, are exempt from these requirements. Previously approved subdivisions must comply with the chapter requirements in effect at the time the phase of development was approved. They must also comply with the requirements of the most current SC NPDES-CGP as outlined under Section 2.4.2 of that permit. Development of new phases of existing subdivisions which were not included in the total disturbed area of an active land disturbance permit shall comply with the provisions of these regulations and the most current SC NPDES-CGP.
(1) When the subdivision development reaches the condition where it is 50% built, the following actions must be taken:
(a) The detention pond shall be cleaned of all deposited sediment, overgrowth of invasive vegetation (weeds, vines, shrubs, trees) shall be removed, and all areas draining to and including the detention pond shall have reached final stabilization; and
(b) A new home owner’s association document must be filed with the Stormwater Administrator defining the new contact person for the responsible party for maintaining the detention pond and/or any water quality features or BMP’s installed in the subdivision.
(c) The primary permittee may elect at this stage of development to request a notice of termination of the permit coverage and closure of the land disturbance permit with the county as long as all common area and rights of way have reached final stabilization and secondary permittees have NOI coverage for the lots under their ownership.
(2) When the subdivision development is developed to a point between 50% and 90% built, individual lot controls as well as other erosion and sediment control BMPs shall provide the sediment control to meet 80% trapping efficiency rather than only the sediment/detention pond.
(3) Once the subdivision is 90% or greater built and the disturbed areas are stabilized according to the requirements of SC NPDES-CGP and S.C. Regulation 72-300 et seq., then all permittees may file a request for a notice of termination of the permit coverage for the subdivision. As a precondition to requesting a notice of termination, the applicant shall submit as-built drawings of the stormwater management facilities and certification that all work has been performed in accordance with the requirements to the Stormwater Administrator.
(C) For land disturbance activities involving 10,000 square feet but less than two acres of actual land disturbance which are not part of a LCP, the operator shall submit a simplified stormwater management and sediment control plan (SMSCP) meeting the requirements listed below. This plan does not require approval by SCDHEC and is not required to be prepared by an engineer, Tier B surveyor, or landscape architect; however, if an individual with one of these licenses prepares the plan, then they must sign and seal the plans. The appropriate SCDHEC notice of intent form will be required to be submitted to the county for approval and then submitted to SCDHEC for notification.
(1) A narrative description of the stormwater management facilities to be used.
(2) A general description of topographic and soil conditions of the development site.
(3) A general description of adjacent property and a description of existing structures, buildings, and other fixed improvements located on surrounding properties.
(4) Anticipated starting and completion dates of the various stages of land disturbing activities and the expected date the final stabilization will be completed.
(5) A plat of the property illustrating property boundaries including any utility and storm drainage easements.
(6) A map of the parcel on which the land disturbance activities will take place, printed from York County’s Geographic Information System (GIS) Division’s internet mapping system.
(7) A sketch plan to accompany the narrative containing:
(a) Site location drawing of the proposed project, indicating the location of the proposed project in relation to roadways, jurisdictional boundaries, streams and rivers, and the boundary lines of the site on which the work is to be performed. GIS mapping information may be utilized;
(b) All areas within the site which will be included in the land disturbing activities shall be identified and the total disturbed area calculated;
(c) Topographic contours of the site;
(d) Anticipated start and completion dates of the various stages of land disturbing activities and the expected date final stabilization will be completed.
(e) The location of temporary and permanent vegetative and structural sediment/erosion control BMPs and stormwater management control measures (if applicable).
(f) The simplified SMSCP shall contain the following certifications by the operator:
1. Land disturbing activities will be accomplished pursuant to the plan;
2. Construction site inspections will be conducted by the operator on a routine basis;
3. A copy of each inspection report shall be provided to the Stormwater Administrator; and
4. The Stormwater Administrator has the right to conduct on-site inspections.
(D) For land disturbance activities of 1.0 or more acres, or that creates 8,700 square feet or greater of impervious surface area that will result in more than 1.0 cubic foot per second increase in peak runoff rates between pre-development and post development conditions for the 10-year, 24-hour storm event, or that require a storm drain pipe or culvert conveyance system (one or more pipes), or which alter the existing storm drain systems, or cause downstream impact, or otherwise require engineering design and calculation preparation by an engineer or design professional, all of the requirements of C-SWPPP as described in § 152.018 shall apply. For sites that disturb less than 1.0 acre but meet one or more of the other criteria listed, the Stormwater Administrator has the discretion to reduce some of the requirements of the C-SWPPP as described in § 152.018.
(E) Commercial and industrial sites which disturb 10,000 square feet but less than 1.0 acre of area and otherwise are not part of a LCP may be eligible to submit a simplified plan as described in § 152.017(C). If any of the constraints listed in § 152.017(D) are required as part of the C-SWPPP, then the plan must meet all of the requirements of § 152.018.
(F) York County shall require a land disturbance permit for those individual residential lot sites which may receive automatic permit coverage under the South Carolina NPDES-CGP.
(Ord. 2819, passed 6-17-19; Am. Ord. 3420, passed 10-5-20)