Environmental quality control as it relates to coastal zone planning and management in South Carolina

[From the U.S. Government Printing Office, www.gpo.gov]

I,-. .-COASTAL A..- S
~~~~I , ~INFORMATION CENTER

a ENVI:RONMENTAL QUALITY CONTROL

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COASTAL ZONE MANAGEMENT

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~,~ epar'tment of Health and Env.ironmental Cnfntrol

COASTAL ZONE
INFORMATION CENTER

ENVIROI�ENTAL QUALITY CONTROL AS IT
RELATES TO COASTAL ZONE PLANNING
AND) MANAGEMENT IN SOUTH CAROLINA

U.S. DEPARTMENT OF COMMERCE NOAA
COASTAl SERVICES CENTER
2234 SOUTH HOSSON AVENUE
CHARLESTON , SC 29405-2413

Submitted to

SOUTH CAROLINA COASTAL ZONE MANAGEMENT
$~~~~~~~- ~AND PLANNING COUNCIL

Property of CSC- Library

1d~~~~~~~ 3 ~~by

~~~4;~ tSOUTII CAROLINA DEPASRTMENTT OF IHEALTR AND
ENV IRONMIENTAL COiTROL
OFFICE OF ENVIRONMENTAL QUALITY CONTROL

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TABLE OF CONTENTS

List of Figures....................................................... ii

List of Appendices .................................................... iii

I. Introduction ....................................................... I

II. Office of Environmental Quality Control
Department of Health and Environmental Control ..................... 3

III. Coastal Zone Planning and Management
Wildlife and Marine Resources Department ........................... 5

IV. Summary of Offic of Environmental Quality Control
Activities Affecting the Coastal Zone ............................ 8

A. Water Classification and Standards System ...................... 8

B. Waste Discharge Allocation Program............................. 9

C. Monitoring and Surveillance .................................... 10

D. District Services .............................................. 11

E. Shellfish Sanitation program ........... ...................... 12

F. Waste Treatment Facilities Planning ........................... 12

C. Areawide Waste Treatment Management Planning ................... 13

H. Water Quality Management Planning .............................. 15

I. NPDES Permitting System ........................................ 16

J. Water Quality Certification Process ............................ 18

K. Air Quality Control Program .................................... 19

L. Water Supply program ................. ....................... 20

M. Solid Waste Program,........................................... 21

V. Coastal Zone Management Program .................................. 23

A. Interaction with Environmental Quality Programs of DHEC -
Recommendations .............................................. 23

B. Suggestions Concerning Coastal Zone Legislation
and Management ............................................... 25

VI. Bibliography ....................................................... 36

LIST OF FIGURES

FiLgure 1 Organizational Structure of the Department of Health
and Environmental Control ............................. 28

Figure 2 Organizational Structure of the Office of Environmental
Quality Control .................................. 29

Figure 3 Organizational Structure of the Department of Wildlife
and Marine Resources ...............................30

Figure 4 Organizational Structure of the Division of Natural
Cr Areas Acquisition and Resources Planning .............. 31

Figure 5 Primary Water Quality Monitoring Stations in South
Carolina ................................ ............ 32

Figure 6 Biological Monitoring Stations in South Carolina ........ 33

Figure 7 Sub-Basin Segment Delineation Map of South Carolina...34

Figure 8 Recommended Permitting Process for Coastal Zone
'--Discharges35
DSChage ............................................ 3

J-.

f--~ ~ ~ ~ ~ ~~~~~~~~i

LIST OF APPENDICES

Page

Appendix I South Carolina Pollution Control Act as Amended ......37

Appendix II Wat~er Classification Standards System for the
State of South Carolina .................38

Appendix III Classification of Natural Waters in South Carolina.....39

Appendix IV 1. Joint Agreement Between EPA and NOAA
2. Federal Activities Guidance ..............40

INTRODUCTION

The passage of the Coastal Zone Management Act of 1972 made it plain

that there is a national interest and concern over the protection of the

qoastal area of the United States. Unmanaged and haphazard development

could and is leading to unnecessary destruction of many of the valuable re-

sources. inherent in the coastal zone. There is concern not only over the

unplanned development of coastal land, but also concern over the protection

of valuable natural resources and water quality. A coastal zone management

plan for South Carolina will have to incorporate many factors within its

framework. Many of these factors, which will be considered, involve programs

administered and regulated by agencies outside the jurisdiction of the Coastal

Zone Planning and Management Council. Examples of these programs are that of

water quality control, air quality control, solid waste management, and water

supply management which are administered by the Office of Environmental Quality

Control of the Department of Health and Environmental Control. The Federal

Coastal Zone Management Act clearly [(Section 307(f)] states that the Coastal

Zone Management Act shall in no way affect any requirement established by the

State pursuant to the Federal Water Pollution Control Act (P.L. 92-500) or the

Clean Air Act as amended. In addition, any such requirements shall be incor-

porated into the management program developed pursuant to the Coastal Zone

Management Act. Thus, the State's Water Pollution and Air Pollution Control

requirements should be reflected in the Coastal Zone Management Plan.

It is the intent of. this report to describe the various programs con-

cerning environmental quality which are being implemented by the Department

of Health and Environmental Control and recommend procedures for their ap-

plication in the Coastal Zone Management process. Even though legal require-

ments of the law concerning coordination must be met, it is not intended

that it stop there. Continual and close coordination will be encouraged and

fostered between the Coastal Zone Council staff and that of the Office of

Environmental Quality Control.

This report outlines briefly the goals and objectives of the Office of

Environmental Quality Control of the Department of Health and Environmental

Control. It summarizes the objective of the Coastal Zone Planning and

Management Program and its relationship to environmental quality planning and

management for the State. In addition, it briefly describes the various

planning and operational programs within the Department of Health and Environ-

mental Control that involve the coastal zone and should possibly be included

or considered in the Coastal Zone Planning and Management Process. Finally,

recommendations are made concerning interaction between the Coastal Zone

Management Program and environmental quality programs of the Department of

Health and Environmental Control.

OFFICE OF ENVIRONMENTAL QUALITY CONTROL
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

V ~~~~The Office of Environmental Quality Control of the South Carolina

Department of Health and Environmental Control (DHEC) implements State policy

concerning environmental quality in accordance with the Pollution Control Act

of South~ Carolina as amended, the S.C. Code of Laws, the Federal Water Pol-

lution Control Act as amended, the Clean Air Act, and the Safe Drinking

Water Act. The amendments to the South Carolina Pollution Control Act in 1973

formed the South Carolina Department of Health and Environmental Control as

a new State agency on July 1, 1973 by the merger of the former South Carolina

Pollution Control Authority and the State Board of Health. The Department

of Health and Environmental Control (DHEC) is the designated State agency

* ~~for administering the laws and regulations pertaining to the control, abate-

ment and prevention of environmental pollution throughout the State. It performs

this function through the efforts of its Office of Environmental Quality Control

(EQC).

It is the policy of EQC to maintain reasonable standards of purity of the

air and water resources of the State. It has the authority to abate, control

and prevent pollution in all waters of the State including estuaries, marshes,

inlets, canals, lakes, bays, sounds, ponds, reservoirs, springs, wells, rivers,

streams, and the Atlantic Ocean within the territorial limits of the State. This

is put forth in the South Carolina Pollution Control Act as amended. In addition,

DHEC shall adopt standards and determine what qualities and properties of water

and air shall constitute a polluted condition. Such water quality standards

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shall be adopted pursuant to a public hearing process. DHEC shall also

adopt emission and effluent control standards, regulations, and limita-

tions that are applicable only within specified areas or Zones of the State

or that are applicable only when a specified class of pollutant is present.2

DHEC prepares an annual document outlining and developing the strategy

for the water pollution control program of the State each fiscal year. Review

and approval of this document by EPA results in the flow of Federal grant

monies to the State for program activities as well as grant money for the

construction of municipal waste treatment facilities. The water pollution

control strategy includes an assessm~ent of water quality problems in the

State in respect to inland surface waters, marine waters and ground waters.

This assessment identifies problem areas within four geographically separate

drainage basins and sub-basins in the State (Figure 1).

Using the sub-basin analysis technique, water quality problems have

been identified at several locations along the coast. Generally, these

areas are located in waterways associated with heavy populations and are

caused by numerous types of waste including domestic, industrial and non-point
3
sources.

Detailed information concerning the water quality control strategy of

the State can be found in the State of South Carolina Water Pollution Control

Programs for Fiscal Years 1974, 1975, and 1976.

r ~~~~~~~~~~~~~~~4

COASTAL ZONE PLANNING AND MANAGEMENT

Pursuant to the passage of the Federal Coastal Zone Management Act

of 1972, the Governor of South Carolina issued an executive order creating

the Coastal Zone Planning and Management Council on August 15, 1973. The

purpose of the Council is to undertake planning and research necessary to

develop and recommend to the Governor and to the General Assembly within

3 years of the order a planning and management program designed to promote

public health, safety and welfare in and insure the maximum beneficial use

of the South Carolina Coastal Zone. The Council was thereby designated as

the single State agency for the purpose set forth in the Federal Coastal

Zone Managemient Act of 1972. The executive order also designated that the

staff of the Division of Marine Resources of the Wildlife and Marine Resources

Department shall provide the tore staff for the Council. The Director of

the Marine Resources Division was ordered to direct and coordinate staff

functions.

One of the initial actions of the Council was to apply to the Department

of Commerce for a management program development grant which was approved by

the Department's Office of Coastal Environment in March 1974. Much of the

Council's efforts have been directed toward preparing legislation for manage-

ment of the coastal zone of South Carolina. Such legislation was introduced

in the State Senate by Senator James Waddell of Beaufort (Chairman of the

Coastal Zone Council) and was designated as Senate Bill 260. This bill, in

practice, was incorporated into House Bill 2420 and retained the designation

of that bill. House Bill 2420 was introduced by Representative Bill Campbell

of Richland County.

The language of the Federal Coastal Zone Act and Regulations published

pursuant to the Act requires close coordination of the coastal zone manage-

ment program and environmental programs administered under the Federal Water

Pollution Control Act amendments. The Federal Coastal Zone Management Act

in section 307(f) states that it shall not affect, in any way, requirements

(1) established by the Federal Water Pollution Control Act as amended or

the Clean Air Act as amended, or (2) established by the Federal Government,

or any State or local government pursuant to such acts. It further states

than any requirements developed under such acts shall be the ,water pollution

control and air pollution control requirements applicable to the management

program developed under the Coastal Zone Act. This is to insure that the

coastal zone management program does not conflict with plans and regulations

mandated by the Federal Water Pollution Control Act or the Clean Air Act.5

Therefore, the coastal zone management program should provide for a continual

program of coordination and cooperation with water and air programs subsequent

to the approval of a coastal zone management plan.

Further, the management program must be developed in close coordination

with the planning and regulatory systems being implemented under the Federal

Water Pollution Control Act and the Federal Clean Air Act and be consistent

with applicable State or Federal Water and Air Pollution Control Standards

in the coastal zone. The regulations developed pursuant to the Federal Coastal

Zone Act also state that documentation by the official responsible for air

and water pollution control activities that those requirements have been

incorporated into the body of the coastal zone management program should

accompany submission of the management program.

In addition, there will be significant opportunities for developing

working relationships between DREC and the Coastal Zone Management Council.

Such relationships could include: coordination of monitoring and evaluation

activities; increased environmental management attention focused on the

coastal zone; and consultation concerning State water quality standards

and criteria affecting the coastal zone.

Since three areas that include portions of the coastal zone as presently

defined have been designated as 208 areawide waste treatment management

areas, close coordination between the agencies responsible for coastal zone

programs and the designated 208 regional planning agencies must be developed

during the planning process. Continual coordination will be necessary during

subsequent administration of the approved management programs. Representa-

tives of the Coastal Zone Council should act in an advisory capacity to the

208 regional planning agencies in those three areas involving the coastal

zone.

r ~~~~~SUMMARY OF DHEC ACTIVITIES RELATING TO THE COASTAL ZONE

V ~~A. Water Classification and Standards System
The Pollution Control Act of South Carolina, as passed by the

General Assembly, states the following policy: "It is declared to be the

public policy of the State to maintain reasonable standards of purity of

the water resources of the State, consistent with public health, safety and

welfare of its citizens, maximum employment, the industrial development of

the State, the propagation and protection of terrestrial and marine flora

and fauna, and the protection of physical property and other resources. It

is further declared that to secure these purposes and the enforcement of the

provisions of this Act, the South Carolina Department of Health and Environ-

mental Control shall have authority to abate, control and prevent pollution."2

Consistent with this statement, the Department of Health and Environmental

Control has set water quality standards and general guidelines for all the

waters of South Carolina. This includes classification of waters according

to their best use. Specific water quality standards are set based on

the classification of the water and separately for fresh and salt water bodies.

A thorough description of this system can be found in the DHEC publication,

"Water Classification Standards System for South Carolina" (Appendix I).6

These standards are not set arbitrarily by DHEC, but are established through

a thorough review and public hearing process and are reviewed and revised every

3 years.

r ~~B. Waste Load Allocations

In accordance with the Federal Water Pollution Control Act and

F ~~in cooperation with EPA, DHEC has developed and calibrated water quality

models for all surface waters receiving significant point source waste

discharges. Significant point sources are defined as those designed for

a waste discharge capacity greater than or equal to 0.1 million gallons

per day (MGD). The purpose of these models is to predict the effect of

the -waste discharge on the quality of the receiving -waters with respect

to specific water quality parameters such as dissolved oxygen (DO), bio-

logical oxygen demand (BOD) and nutrients. By predicting the effects of

r ~~the waste load on the receiving water quality an allocation of allowable

waste concentration can be given to the discharger and will become part

of his permit restrictions. This waste load allocation should not cause

the water quality to become lower than the standards as established for

the different water classifications.

Various computerized models are used by the Compliance Section for

determining the assimilative capacity of receiving waters. The model

routinely used for streams is the DOSAG I model (Texas Water Quality Deve-

lopment Board Routing Model). Those models described in Simplified Mathe-

matical Modelling of Water Quality, EPA, March 1971, are used for estuarine

areas. Additional models have been developed on contract for various other'

areas of the State.

Additional detailed information concerning the waste load allocation

procedures employed by DHEC can be found in the South Carolina Santee-Cooper
7
River Basin Water Quality Management Plan (Page 45) .

C. Monitoring and Surveillance

In order to provide information and analysis of the quality of the

State's waters, the Office of Environmental Quality Control has established

a water quality sampling and evaluation program covering the entire State.

Physical, biological and chemical parameters are considered.

There are 75 DHEC biological monitoring stations located throughout

the State of which 13 are in coastal marine waters. These 75 stations are

analyzed for plankton, periphyton, macroinvertebrates, macrophyton and fish.

Reference collections of the flora and fauna being collected are maintained

in the Biological Monitoring Section. In addition, special projects including

bioassay work using fish, and analysis of metals and pesticides in natural

fish populations are being conducted. Also, coordination with the Marine

Resources Center at Charleston results in additional information useful in

analysis of marine water quality.

There are 221 chemical primary water quality stations established

throughout the State with 51 of these being located in the coastal zone. These

stations are sampled every month. In addition there are 77 secondary sampling

stations located in the coastal zone which are sampled monthly during the

period from May through September, Water samples from both primary and

secondary stations are analyzed for heavy metals, pesticides, nutrients, phenols,

coliform bacteria, DO, pH, temperature, salinity, and other parameters as

requested. All the data accumulated from these stations is placed on file

and statistically treated in a STORET computer system at EPA via terminals

at DHEC and can be retrieved when required. Figure 5 shows the location of

the primary sampling stations and figure 6 shows the biological monitoring

stations.

? In addition to chemical and biological monitoring, DIIEC conducts

special investigations and intensive studies of specific water bodies as

required. These special studies include investigation of the causes of

fish kills, control of hazardous chemicals and oils, and detailed water

quality studies of specific water bodies such as lakes or estuaries. The

results of such studies provide additional data that can be used in en-

forcement actions and in analyzing the effects of specific discharges on

water quality and aquatic biota.

Analysis of water samples is conducted at 6 regiohal laboratories

supported by a central more sophisticated laboratory in Columbia. The

regional laboratories are geographically dispersed and are located in

Charleston, Aiken, Florence, Greenville, Lancaster, and Columbia. Each

regional laboratory has the capability of analyzing water samples for pH,

DO, BOD, suspended solids, alkalinity, turbidity, color, COD, oil and

grease, phenols, total coliform and fecal coliform. The central laboratory

in Columbia has the additional capability for analysis of a wide range

of metals, nutrients and organic constituents such as pesticides and hydro-

carbons.

D. District Services

The Division of District Services is made up of a central office in

Columbia and 12 offices throughout the State with three located in the coastal

zone. Personnel assigned to these districts have numerous responsibilities

including: (1) preliminary engineering evaluations of discharge facilities;

(2) construction site inspections and approvals; (3) final construction in-

spections; (4) special investigations concerning pollution; (5) technical

assistance; (6) coordination with the compliance section concerning permit

compliance; (7) facilities monitoring; and (8) impact evaluation investigations.

The three district services offices in the coastal zone are located

in Beaufort, Charleston and Myrtle Beach and are staffed with an environmental

engineer and support personnel.

F ~~E. Shellfish Sanitation Program

To insure that the public consumes a safe shellfish product, DHEC

monitors and controls the harvesting of shellfish from areas in the coastal

F ~~zone. The monitoring program includes analysis of coliform bacterial levels
in shellfish tissues and in surrounding waters as an indicator of pollution.

If shellfish waters are found to contain quantities of bacteria which are

considered unsafe by Food and Drug Administration Standards, the harvesting

of shellfish will be prohibited. DHEC shellfish patrolmen routinely patrol

r ~~shellfish areas that are closed to insure that oysters and clams are not

gathered from such areas. In addition, DHEC inspectors routinely visit and

r ~~inspect all shellfish processing plants in the State to insure that they

are operating within public health standards. Shellfish program officials

also work with water quality officials to help determine sources of water

pollution affecting shellfish areas and work cooperatively to eliminate them.

In addition, a program to evaluate the levels of metals and pesticides in

F ~~oyster tissue has been initiated.

F. Waste Treatment Facilities Planning

Section 201 of the Federal Water Pollution Control Act requires each

statelto develop and implement waste treatment management plans and practices

which will achieve the goals of the Act. Section 201 requires that all waste

treatment management be on an areawide basis and provide for control or treat-

merit of all point and non-point sources of pollution to the extent practical.

For this purpose, EPA will provide 75 percent of the costs of construction

of municipal waste treatment facilities. Obviously, adequate funding does

not exist for every municipality to receive a grant, so DHEC has established

a priority review system which is described in the South Carolina Water

Pollution Control Program for Fiscal Year 1974.9 In addition, DHEC reviews

and approves municipal treatment facilities plans to insure their compliance

with State standards for operation and efficiency.

Currently, there are 8 facilities planning areas in the coastal zone

(see Table 1) out of a total of 61 in the State.

Each 201 planning project results in the compilation of a report that

encompasses many factors, including an assessment of the environmental impact

of each project, therefore, these reports should probe to be a valuable

information source to coastal zone planners.
rP
! G. Areawide Waste Treatment Management Planning

Areawide Waste Treatment Management Planning has been organized pur-

suant to Section 208 of the Federal Water Pollution Control Act of 1972 and

is referred to as "208 planning". The primary goal of 208 planning is to

focus on sources of pollution which threaten the achievement by 1983 of a

level of water quality that will support aquatic life and recreation on and

in the nation's waters. The Act and $rant regulations prescribe that de-

signated planning agencies will develop water quality management plans for

(1) municipal and industrial point sources to include storm water; (2) non-

point sources; (3) protection of groundwater; and (4) pollution from residual
8
wastes.

The Governor has designated 5 areas of the State as 208 planning areas.

Three of these are located in the coastal zone of the State and are as follows:

F- ~~~~~~~~~~~~13

TABLE 1. 201 PLANNING AREAS

FISCAL YEAR 74

1. ABBEVILLE 19. FLORENCE-DARLINGTON-HARTSVILLE 37. LAURENS COUNTY
2. ALLENDALE 20. GAFFNEY 38. MANNING-SUMMERTON
3. ANDERSON 21. GEORGETOWN 39. MONCKS CORNER
4. ANDREWS 22. GRAND STRAND 40. MARION-MULLINS-NICHOLS
5. BEAUFORT COUNTY 23. GREENVILLE 41. NORTH
6. BELTON-HONEA PATH 24. GREENWOOD 42. OCONEE COUNTY
7. BENNETTSVILLE 25. HAMPTON-VARNVILLE 43. OLANTA
8. BLACKSBURG 26. HARDEEVILLE 44. PELZER-WEST PELZER-WILLIAMSSTON
9. CAMDEN 27. HEMMINGWAY 45. PICKENS COUNTY
10. CHARLESTON 28. HOLLY HILL-HARLEYVILLE 46. RIDGELAND
11. CHESTER 29. HORRY 47. ROCK HILL
12. CHESTERFIELD-CHERAW 30. IVA-STARR 48. ST. MATHEWS
13. COLUMBIA 31. JONESVILLE 49. SALUDA
14. CLOVER ' 32. KINGSTREE 50. SPARTANGURG
15. DENMARK 33. LAKE CITY 51. UNION-BUFFALO
16. DILLION 34. LAKE VIEW 52. WILLISTON-BLACKSVILLE-ELKO
17. EDGEFIELD COUNTY 35. LANCASTER 53. YORK
18. ESTILL 36. LATTA

FISCAL YEAR 75 FISCAL YEAR 76

54. BARNWELL 62. BOWMAN
55. BATESBURG-LEESVILLE 63. CALHOUN FALLS
56. LAMAR 64. EHRHARDT
57. PAMPLICO 65. RIDGE SPRING
58. PROSPERITY 66. ST. STEPHEN
59. SALLEY-PERRY-WAGENER
60. SUMTER
61. WALTERBORO

(1) Georgetown, Horry and Williamsburg counties. The lead

planning agency for this area is the Waccamaw Regional

Planning Council.

(2) Berkeley, Charleston and Dorchester counties. The lead

planning agency is the Berkeley-Charleston-Dorchester

Regional Planning Council.

(3) Beaufort, Colleton, Hampton and Jasper counties. The

lead planning agency is the Lowcountry Regional Planning

Council.

DHEC has responsibility for reviewing and certifying 208 management

plans prior to submission to EPA for approval. The designated 208 planning

agencies will work closely with DHEC to insure that the 208 areawide plan

conforms to and is consistent with the management strategy and constraints

spelled out in the Section 303 Basin Plan. DHEC will assist the areawide

planning organizations in the preparation of water quality plans as spelled

out in the State of South Carolina Continuous Water Quality Planning Process.

Such assistance includes the following:

(1) Assess the status of water quality planning and determine

what work is needed to achieve or maintain minimum planning

standards as required by Federal and State laws and regulations.

(2) Determine the availability of financing, and upon request,

assist in obtaining funds from EPA.

(3) Provide technical assistance, such as, identification of

water pollution sources, assessment of stream water quality,

assignment of maximum stream loading capacity, and evalua-

tion of alternative solutions for water pollution problems.

(4) Provide all pertinent data accumulated in the development

of basin plans.

(5) As appropriate, assist in arriving at arrangements that

are cost effective.10

The 208 planning process could theoretically become involved in

land use management as it relates to water quality. Thus, land management

practices incorporated into coastal zone management must be coordinated

with and be consistent with the management program established in the 208

planning process.

H. Water Quality Management Planning

Water quality management planning is organized by DHEC in accordance

with the requirements of Section 303 of Public Law 92-500 and 40 CFR, Part 130-

131 and is generally referred to as "Basin Planning". South Carolina is

divided into 4 geographical water drainage basins (Figure 7) and DHEC prepares

a water quality plan for each basin every three years. These plans are pre-

pared so as to: (1) organize information and select water quality management

actions; (2) assess water quality problems and needs to include recommendations

for revising water quality standards and identifying areas of priority for

grant assistance; (3) set forth compliance and abatement dates concerning water

quality and (4) establish and identify goals and needs for other planning

activities such as 201 facilities planning, 208 areawide planning and other

water resource related plans. The basic objective of the plan is to provide

the most cost-effective abatement strategy for protecting existing and projected

water uses and to prevent degradation of existing high quality waters.

The goals of the basin planning process is to: (1) restore and maintain

the biological, chemical, physical and aesthetic integrity of the

basin's waters; (2) to provide for solutions to water quality problems and

to institute continuous management programs for water quality which result

in maximum benefit to the State; and (3) to encourage re-use of wastewater

whenever economically feasable.

Since each basin drains into the coastal area, considerable in-

ir - formation will be included in the basin plans concerning water quality in

coastal waters. An assessment of the water quality of each sub-basin in the

coastal zone is complete and is available upon request,

I, NPDES Permitting System

The National Pollutant Discharge Elimination System (NPDES) is a

wate discharger permitting system created and required by the Federal Water

Pollution Control Act (Section 402). It is part of a comprehensive effort

to prevent, reduce and eliminate water pollution. Under the law, it is

illegal to discharge any pollutant into any of the Nation's waters without

an NPDES permit. Types of discharges requiring permits include municipal

wastewater treatment facilities, manufacturing plants, agricultural operations,

forestry, mining, and fishing operations and other service, wholesale, retail,

and commercial establishments. An NPDES permit is not a license to pollute,

but rather is a method of regulating what and how much may be discharged. It

sets limits on yhat can be contained in a effluent and requires a discharger

t comply with all aspects of the law. It also requires a discharger to

monitor his waste and report the amount and nature of all the components in

his discharge. If a discharger operates without a permit or violates his

permit conditions, he may be fined up to $10,000/day. Willful or negligence

violations could bring even stiffer penalties.

r 16

The law requires EPA to turn over NPDES permit issuing authority

to a state if the state requests it and if the state permitting program

meets EPA requirements. South Carolina has obtained this permitting authority.

All dischargers in South Carolina have not yet received NPDES permits,

however, DHEC is working closely with EPA in establishing a workable permitting

program for South Carolina. EPA retains the authority to veto a proposed

permit if it does not comply with the Federal Water Pollution Control Act

or EPA regulations. EPA also retains the authority to step in and enforce

discharger permit compliance if the state fails to act and can even revoke

a state's permitting authority if necessary.

Information concerning NPDES permits already issued in South Carolina

is stored in the EPA STORET computer system used by DHEC and is available

upon request.

Pollutants excluded from the NPDES and covered by other pollution

control requirements are: (1) sewage from vessels or other floating craft

in coastal or ocean waters; (2) discharges from properly functioning marine

engines; (3) water, gas, or other material injected into oil or gas wells;

(4) aquaculture projects; (5) separate storm sewers; and (6) dredged or fill

material.

Discharging and dumping pollutants into coastal and ocean waters

is regulated by EPA under the Federal Water Pollution Control Act and the

Marine Protection, Reserarch and Sanctuaries Act of 1972 (ocean dumping). NPDES

permits may be issued for ocean waters only if the discharges meet EPA

requirements identified in its regulations.

The NPDES Administration Section within the Bureau of Wastewater and

Stream Quality Control of DHEC's Office of Environmental Quality administers

the NPDES for the State. Basically, the program is administered in 3

phases: (1) issuance of permit; (2) administration; and (3) monitoring

and enforcement. The receipt of applications and final issuance of a

permit is administered by the NPDES permits section of the Compliance/

Enforcement Division. This section also handles public notices, public

hearings, and information dissemination concerning NPDES. The technical

input is provided by the appropriate engineering division. The monitoring

and enforcement functions are provided by the Compliance/Enforcement

Division.

J. Water Quality Certification Process

Pursuant to Section 401 of Public Law 92-500, the Office of Environ-

r ~~~mental Quality Control of DHEC has the responsibility and authority to
issue water quality certificates to the licensing or permitting agency for

such activities that may be determined to affect water quality. This will

be the case for such activities for which a discharger permit is not required

under other sections of the law. Once the necessity for a water quality

F ~~~certificate is decided upon by the licensing or permitting agency (usually
the U.S. Army Corps of Engineers), the Office of Environmental Quality Control

will be asked to consider issuing a water quality certificate. Prior to

issuing such a certificate, a public notice will be issued and comments will
r
be received f or 30 days. After this 30 day notice period, a decision is

made and sent to the permitting agency concerning within 15 days, thus, the

water quality certificate issuance could take a maximum of 45 days. No

license or permit shall be granted until the water quality certification has

been received by the licensing or permitting agency from DHEC. Most of the

water quality certificates concern permit applications submitted to the

Army Corps of Engineers or the U.S. Coast Guard. The DREC water quality

certificate is issued by the Division of Industrial and Agricultural Waste-

water.

Because of these procedures required by Public Law 92-500 (Section 401)

most of the activities in the wetlands of the coastal zone require a water

quality certificate from DHEC. Most all of the water quality certificates

issued in the past have been the result of applications submitted to the

U.S. Army Corps of Engineers for construction and fill activities in coastal

wetlands. Such activities can have affect on adjacent water quality and

are receiving closer scrutiny than in the past.

K.- Air Quality Control Program

Pursuant to the authority contained in the South Carolina Pollution

Control Act (Code of Laws, Section 63-195.7) as amended, the South Carolina

Board of Health and Environmental Control has adopted regulations and standards

pertaining to the maintenance of air quality within South Carolina. These

standards and regulations are enforced by personnel of the Bureau of Air

Quality Control within the Department of Health and Environmental Control

(DHEC). As part of its program, DHEC has compiled an Air Quality Implementa-

tion Plan to provide for the attainment and maintenance of State Air Quality

Standards as adopted. The state was divided into 10 air quality regions,

with the coastal zone being divided into 3 regions. These regional boundaries

were designed and approved during 1970 and coincide with the Regional Planning

boundries12
Districts' boundaries. Since then the plan has been revised, and, monitoring,

analysis and reporting of air quality is accomplished on a county by county

basis. To assist in accomplishing this task, air pollution engineers and

specialists are assigned to each of the 12 health districts in the State. In

the coastal zone these offices are located at Myrtle Beach, Charleston, and

Beaufort.

The control strategy for air pollution in South Carolina contained

in the implementation plan describes the steps necessary to realize the

goals and requirements of the Federal Clean Air Act (Public Law 91-604).

The Requirements for Preparation, Adoption, and Submittal of Implementation

'- (42 CFR420) published in the Federal Register on August 14, 1971 define the

statutory powers which must be available to States to carry out the re-

r sponsibilities of the Federal Clean Air Act as amended. 42 CFR420.11(a)

sets forth six specific requirements for state authority. The South Carolina

Pollution Control Act (Act 1157) as amended provides the State with the

authority to respond to these requirements. This authority is vested in

the Department of Health and Environmental Control.

L. Water Supply Program

The objective of the Water Supply Program is to protect the health

and well-being of the people of South Carolina as it may be affected by

public and semi-public drinking water supplies.l3 This objective is achieved

by authority of Sections 1201 through 1206 of the Code of Laws as amended.

The Water Supply Program involves numerous activities involving

central office personnel in Columbia and personnel assigned to the health

districts throughout the State. The quality of drinking water sources (sur-

face and groundwater) is monitored and evaluated continuously and includes

the drilling and monitoring of 400 test wells around the State. Such evalua-

tioe of water resources includes the impact of waste treatment facilities

on groundwater supplies and includes site investigations of all treatment

facilities. In addition, reported cases of groundwater contamination are

7 -20

investigated and action initiated to correct any source of contamination.

An application has been made to the Coastal Plains Regional Com-

mission for grant funds to study the background quality of groundwater

aquifiers in the coastal zone with a view toward establishing criteria

for land application of domestic wastes. This project has been endorsed

by the State Development Board and the Coastal Zone Council. A lowcountry

capacity use study is also being conducted in cooperation with the South

Carolina Water Resources Commission.

The permitting program requires that every drinking water treatment

facility meet design and construction criteria approved by the Department

of Health and Environmental Control. DHEC is also implementing the require-

ments of the Federal Safe Drinking Water Act of 1974 (P.L. 93-523) and

these requirements will be incorporated into existing regulations which

are presently in the process of revision. After certification and approval

all public water supplies must have a bacteriological analysis completed

monthly and chemical tests completed periodically as determined by DHEC. The

finished water shall meet bacteriological and chemical quality as required
13
by DIIEC.

M. Solid Waste Management Program

The Solid Waste Management Division of the Department of Health and

'-r Environmental Control (DHEC) manages through a regulatory process, the dis-

posal of all solid waste within South Carolina. The regulations were pro-

mulgated pursuant to and under the authority of Section 32-8(11) of the

1962 Code of Laws as amended. The adopted regulations cover the disposal,

storage, and transportation of all types of solid wastes for the protection

.:- of public health and the environment of the State. Permits are required

for the establishment of solid waste disposal areas, sanitary landfills,

milled or shredd4ed refuse disposal sites, and industrial solid waste

disposal sites, In addition, rules and regulations have been established

to provide for the storage, transport, and disposal of pesticide containers.

Standards have also been set and are enforced for the design, construction,

and operation of sanitary landfills.

The overall purpose of the solid waste management program is to

regulate the storage, collection, transportation, and disposal of all refuse;

including residential, industrial, agricultural, and commercial refuse so

as to prevent the pollution of the air, land, and waters of the State by

such solid waste. The goal of the program is also to provide each citizen,

industry, or entity the availability of an economically feasible solid waste

management system that will also prevent the spread of disease, prevent the

creation of nuisances, conserve natural resources, and enhance the beauty

and quality of the environment.

The solid waste prograim is enforced through the efforts of solid waste

consultants assigned to the 12 health district offices covering the entire

State. Coastal health district offices are located in Myrtle Beach, Charleston,

and Beaufort,

p.2

COASTAL ZONE MANAGEMENT PROGRAM

A. Interaction with Environmental Quality Programs - Recommendations

To insure continual cooperation and coordination between the Coastal

Zone Council and DHEC concerning environmental quality matters in the coastal

zone, the staff of the Coastal Zone Council should establish a close working

relationship with the Programs Development Division and other divisions

of EQC as necessary. This will allow a mechanism for including the State's

environmental quality strategy in the Coastal Zone Management Plan and insure

the Coastal Zone Councills participation in matters pertaining to environ-

mental quality in the coastal zone toward this end. The coastal zone planning

office should take an active part in the development of water quality standards

in the coastal zone. This can be accomplished through participation in the

evaluation and review of water quality standards conducted by the Compliance

Section and the Water Programs Section of the Bureau of Wastewater and Stream

Quality Control. Water quality standards could not be reduced, but could

be increased if deemed necessary. In addition, coastal zone planning staff

participation in the classification of coastal waters under the State's water

classification system would be encouraged. General water quality criteria

are established to maintain a water quality sufficient for the survival and

general well-being of fish and other aquatic life. The coastal zone planning

office's involvement in the classification and standards process affecting

marine waters would insure proper consideration would be given to coastal

environmental interests in the development of such standards and classifications.

In regards to the discharge permitting system of the Bureau of

Wastewater and Stream Quality Control, the process represented in Figure 8

is suggested. This would allow the decision as to location of a discharger

in the coastal zone to be determine by the Coastal Zone Council with con-

sideration of the discharge restrictions that would be imposed by DHEC. The

discharge permit would be issued by DHEC after approval of location. The

discharge restrictions of the permit would reflect the water classification

and standards criteria for the receiving waters.

In that planning for water quality under Section 208 of the Federal

Water Pollution Control Act is being undertaken for designated areas in

the coastal zone, close coordination should be maintained between DHEC, the

Coastal Zone Council Staff and the Councils of Government responsible for

208 planning. Hopefully, such close coordination would help prevent a dupli-

cation of effort in some areas. Strategy and policy developed in the basin

planning process and in the 208 planning process should be incorporated into

the coastal zone plan and become part of the water quality strategy for the

coastal zone.

The Surveillance and Monitoring Division monitors the chemical and

biological conditions of natural waters and selected stations in the coastal

zone in order to evaluate the level of pollutants in such waters. In order

to make use of as much information as possible concerning the level of pol-

lution in these areas, a close relationship should be developed between the

Marine Resources Center personnel and DHEC personnel. Much of the data

collected by the Marine Resources Center could be useful in evaluating pol-

lution levels in coastal waters in relation to existing water quality standards.

Documentation by the officials responsible for State implementation

of air and water pollution control activities that these requirements have

been incorporated into the body of the Coastal Zone Management Program

should accompany submission of the management program. NOAA regulations

state that, "the basic purpose of Section 307 of the Federal Coastal Zone

Management Act is to insure that the State's Coastal Management Program

does not conflict with National and State policies, plans and regulations

mandated by the Federal Water Pollution Control Act and the Clean Air Act.

The policies and standards adopted pursuant to these acts should be con-

,idered essential baselines against which the overall management program

is developed. This is a specific statutory requirement that reflects

the overall coastal zone management objective of unified State management

of environmental laws, regulations and applicable standards. To this

end management programs should provide for continuing coordination and

cooperation with air and water programs during subsequent administration

of the approved management plan,"1

B. Suggestions Concerning Coastal Zone Legislation and Management

Coastal zone legislation and the coastal zone management plan should

address the management of water quality, air quality, solid waste management,

groundwater, and drinking water quality in the coastal zone. The Department

of Health and Environmental Control has operational programs (described herein)

covering these areas that were established pursuant to the S.C. Code of Laws

as amended, the Federal Water Pollution Control Act, the Federal Clean Air

Act, and the Federal Safe Drinking Water Act. In view of these ongoing and

established programs, the'following statements are suggested for inclusion

in the proposed South Carolina Coastal Zone Management Act:

"Notwithstanding the provisions contained herein the South Carolina Department

of Health and Environmental Control as provided by the South Carolina Pollution

Control Act as amended (Section 63.195 Code of Laws) and Section 32-8 Code

of Laws and as the designated agency for enforcement of the Federal require-

ments pursuant to the Water Pollution Control Act of 1972, the Clean Air

Act of 1970, and the Safe Drinking Water Act of 1974 shall have authority

for management of air quality, water quality, groundwater and drinking water

quality, and solid waste disposal in the coastal zone. Such management and

regulatory programs established pursuant to these requirements shall be

considered as part of the coastal zone management plan. The Coastal Zone

Council shall provide advice and assistance to the Department of Health and

Environmental Control in seeing that these management programs are consistent

with the provisions and guidelines of the coastal zone management plan."

In addition to those programs already being administered by various

State agencies, a new program should be organized that would establish

administrative and regulatory procedures for coastal land use planning,

wetlands protection, and beach protection. Such programs would be commen-

surate with the declared policy of the Federal Coastal Zone Management Act.

The Coastal Zone Council could assist and cooperate with local and State

agencies in establishing such a program within the framework of the coastal

zone management plan.

Consideration should be given to the need for a permit to fill wetlands

based on the effect of the fill material on water quality and aquatic life.

Section 1(7) of the South Carolina Pollution Control Act includes in its

definition of pollution the presence in the environment of any substance in

such quantity and of such characteristics that may cause the environment to

be degraded or tends to be injurious to plant, animal, or marine life. Sec-

tion 13(a) additionally states that it shall be unlawful for any person to

allow any organic or inorganic matter to enter the waters of the State if

it tends to cause a condition of pollution. Based on these sections, a

permit could be required for fill of wetlands because of the fill material's

effect on environmental quality. Specifically, water quality could be affected

by leachates from the fill material. Such a permit system should be carefully

considered as part of a coastal zone management strategy. This could be

issued in conjunction with the water quality certificate currently required

by Section 401 of the Federal Water Pollution Control Act.

The environmental quality management programs and plans currently

administered by the Department of Health and Environmental Control would

adhere to any guidelines that may be established as part of the coastal zone

management plan. Such guidelines must be developed in very close coordination

with the Department of Health and Environmental.

EPA and NOAA's Office of Coastal Zone Management very recently arrived

at a joint agreement concerning EPA's environmental programs and NOAA's coastal

zone management planning efforts. In addition, EPA's Office of Federal Activities

has put forth guidance for EPA participation in the development and review

of State coastal zone management programs. In view of their importance and

impact, both of these are attached as Appendix IV.

FIGURE 1

ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT
OF HEALTH AND ENVIRONMENTAL CONTROL

I Asst. to the Comm.
for Exec. Affairs
Offices of: Communication
Legal Counsel
Office of Program Office of
| fiManaRement ofP COMMISSIONER I Community Nursing
Office of District
Management E. K. Aycock, M.D. Off ice of Professional
Services
Ottice ot uomprenensive L...]Divisions of: Nutrition
Health Planning Social Wor

I I l

DEPUTY COMMISSIONER FOR DEPUTY COMMISSIONER FOR DEPUTY COMMISSIONER FOR DEPUTY COMMISSIONER FOR
MEDICAL CARE PERSONAL HEALTH SERVICES ENVIRONMENTAL HEALTH & ENVIRONMENTAL QUALITY
SAFETY CONTROL

\ ~~~~~~/
-- \ / D
\ ~~~~/
/
/
|f | ~~~~~~~~~~~ i~~~~ / ~~~~~Regional Coordinator
DEPUTY COMMISSIONER FOR / Of Environmental
ADMINISTRATION \ / - - Quality Control

DHEC
DISTRICTS

FIGURE 2

ORGAN~IZATIONAL STRUCTURE OF THE OFFICE
OF EN4VIRONMENTAL QUALITT CONTROL

p.-~ ~ ~ ~ ~ ~ ~ ~~~~~~2

CAROLIMA BOI RD OF NEAL
A D EVIROIETAL CONTROL
7 MEMERS I

I
COMMISSIONER
IASSISTAMT ATTOREY ENERAL SOUTH CAROLINA DEPARTMENT OF HEALTH
FOR EVIRONMENTAL AFFAIRS A EMIROINRTAL CONTROL
� R.E. MAHAN 758-5409 E. KENNETH AYCOCK. M.D.. M.P.H.
758-5443

IAINISTRATIVE ASSISO LT Y COIITON RL ISECRETARY BOARD OF CERTIFICATION FOR
C.D~~. SW0~AS 75B-5631 A UAIYCNRENVIRONMENTAL SYSTEMS OPERATORS
mlCJO.HNS~AS 758-se31 m4 E JEI NS. P E TP AURSON 7 5434
758-5631

I
ASSISTANT DEPUTY COIMHISSIONER
ENVIRONMENTAL QUALITY CONTROL
C.R. BEALL
758-5631

DIVISION OF PR06RAMS MAHAGEMENT BUREAU OF SPECIAL ENVIRONMENTAL BUREAU OF AIR OUALITY CONTROL BUREAU OF ASTEATER STREAM
DIRECTOR: D.R. BAKER 758-5631 PRO6AHS CHIEF: W . CROSBY I : ITC. H ACONTRYOL
SECTIONS: CHIEF: W.E. STILWELL I 758-5496 mCHIEF: J.C. HAWKINS
PROGRAMS AND GRANTS AODMINISTRATION 758-5544 I 58-3877
MANPOWER PLANNING. DEVELOPIENT S
TRAINING I
DATA & INFORMATION SERVICES
ENVIRONMENTAL IMPACT EVALUATION
MANAGEMENT COORDINATION
WATER SUPPLY DIVISION ANALYTICAL AND DATA DIVISI
IRECTOR: .T. TIDAL 7-5544 DIRECTOR: 6.a. SLICE INDUSTRIAL WASTEWATER DIVISIOH
SECTIO'NS: 758-54896 IRECTOR: C.R. JETER
FACILITIES SECTIONS: ECTIONS: 758-5483
ST ANDARDS AND COMPLIANCE INSTRUMENT MAINTENANCE PDES
CROSS CONNECTIONS DATA AND SPECIAL STUDIES STTE PERMITS
DIVISION OF DISTRICT SERVICES HYOROLOGY ROUTINE ANALYSIS 1 CERTIFICATION
DIRECTOR: W.E. MILLER REGIONAL OATA SERVICES GICULTURE
758-5662 758-5496
SECTIONS:
12 DISTRICTS
APPALACHIA I 224-2579
APPALACHIA 11 242-98 50 SOLID WASTE MANAGEMENT
APPALACHIA III 582-5681 DIVISION
CATAI 285-A 6901 DIVISION L IANCE AND ENFORCEMENT DIVISION
CENTRAL MIDLANDS 758-4415 . FACILITIES EVALUATION DIVISION DIRECTOR: J.D. IERIOT
LOW CONTRY 524-3446 75-51 DIRECTOR: O.E. PEARSON 758-3877
LONER SAVANNAH 648-61S 758-96 ECTIONS:
PEE DEE 669-95968 COMNUNITY COLLECTION A DISPOSAL SECTIONS: COMPLIACE
TRIDENT 554-5533 INDUSTRIAL ASTE PERMITS NFORCEMENT
UPPER SAVANNAH 223-9751 ERIORAL FIED ACTIV ITIE S SOURCE EVALUATION INPDES ADMIHISTRATION
UPPER SVAHNAH 223-980 OPERATOR TRAINING A CERTIFICATION
WATEREE 773-5511

IONITORINO AND ENFORCEMENT DOMESTIC WASTEWATER
SHELLFISH AND RECREATIDNALIVISION I | DOMESTIC WASTEWATER DIVISION
SHELLFISH AND DIVISION DIRECTOR: VE. )AYIS
HA"ERS DIVISION 758-5867
WATER SURVEILLANCE AND LABORATORY DIRECTOR: F.K. STONE 758-5067
ANALYSIS DIVISION DIREC .E. MALPSS 758-5496 I SECTINS:
DIRECTOR: N.M. HURLEY SECTIONS: SECTIONS: I COMUNITY FACILITIES
ASSIST DIRECTOR: T.C. KURIMCAK RECREATIONAL ATERS SIX DISTRICTS MUNICIPAL FACILITIES
RECREATIONAL WATERS
7SHELLFISH
SECTIONS: SHELLFISH
STREAM AND POTABLE WATER MONITORING
BIOLOGICAL MONITORNING
SPECIAL SERVICES
LABORATORY SERVICES
LABORATORY CERTIFICATION PROGRMS DEVELOPMENT DIVISION
FACILITIES COMPLIANCE AND OIRECTOR: W.E. LIEBRACK
SELF-MONITORING E:758-5067
TER PROGRAHS
NVIRONMENTAL ANALYSIS
GOVERN MENT COORDINATION
OIDE AND LAND USE PLANIN ANI
S REVIEW

FIGURE 3

ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT
OF WILDLIFE AND MARINE RESOURCES

|j Executive Director

I Director of Director of
Information and Administrative
Public Affairs J Services

I I I 1
Director of . Director of : Director of Director of Natural
Game and Fresh- Marine Law Enforcement Area Acquisition and
water Fisheries Resources and Boating Resources Planning

FIGURE 4

ORGANIZATIONAL STRUCTURE OF THE DIVISION OF
F ~~~~~~NATURAL AREAS ACQUISITION AND RESOURCES PLANNING

r ~~~~~~~~~~~~~~31

r Pirector of Natural Area
Acquisition & Resources
r I : ~~~~~~~~~ ~Planning
Dr, Laurent

Administrative
Assistant i

Pdllic
i nvolvement
I Environmental Services

Review Comlputer
r '1 ~~~~~~~~~~~~~~~Operations

_ I:S.c. cdastal I SCC. HeaV
Zone Planning tage Advt-
& Management sory
Council Board

t a e l:g Depart- Div. of
Coasta1 Trust
Zone Natrue mental Administra-
Planning onservancy Planning Transfers

F-

1~~~~~~~~~~~~FGR

~~~~~PRIMR AE ULT OIOIGSAIN NSUHCRLN

V~~~~~~~~~~~~~~3

L~~~~~~~~~~A
EVIENRY ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S I N I

L~~~~~~~~~~OITRN STATIONS

-F~ ~FIGURE 6

BIOLOGICAL MONITORING STATIONS IN SOUTH CAROLINA

~~~~~~~~~I 4

'LjE ~ ~ ~ ~ ~ ~ ~ ~ ~~FGR 6

COLN81. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ILOIA ONTRN SAIN

FIGURE 7

SUB-BASIN SEGMENT DELINEATION MAP OF SOUTH CAROLINA

68 6
56
14

54
6A 32 34 26
2

60 3A
10

28
0
24
18
4 12

24 4

6
04 10
18 14
N
02

20
2& 40-

MILES

2
awwwRiver Basfn Boundary
I Savannah River Basin
Edfata- ambahee River-Ba.%in-
3- Santee-Cooper River Basin
4- Pee Dee River Basin
Sub-basin Boundary
2

FIGURE 8

RECQ~(ENDMD PE1MITT;NG PROCESS FOR COASTAL ZONE DISCHARGES

JDISCHARGE PERMIT TOI
_ - _|1 COASTAL WATERS I

COASTAL WATER CLASSIFICATIONS[ DHEC OFFICE OF ENVIRONMENTALc
AND STANDARDS -- QUALITY CONTROL I

IOTHER q._ {SOUTH CAROLINA COASTAL ZONE1
PLANNING OFFICE

IoTHER INTERESTEDI
I PARTIES I
IDEVELOPMENT APPLICANT|

BIBLIOGRAPHY

1. Department of Commerqe, Coastal Zone Management Program Administrative
Grants. Federal Register, Volume 40, No. 6, Part 923,

2. South Carolina Pollution Control Act of 1970 as amended (Act 1157).

3, State of South Carolina Water Pollution Control Program, Fiscal
Year 1976, South Carolina Department of 'Healih and Environmental
qntrol,

4. State of South Carolina Executive Order, Governor John C. West,
August 15, 1973.

5, Federal Coastal Zone Management Act of 1972 (Public LTaw 92-583).

Water Classification Standards System for the State of South Carolina.
South Car'olina Department of Health ai'Environmental' Control, 1974.

7. Santee-Cooper River Basin Water Quality Management Plan. South Carolina
Department of Health and Environmental Control, 1975.

8. Federal Water Pollution Control Act of 1972 as amended (Public Law 92-500).

-9-State of South Carolina Water Pollution Control Program for Fiscal
Uear 1974, South Carolina Department of Health and Environmental
Control.

10, State of South Carolina Continuous Water Quality Planning Process.
t- - SSouth' Carolina Pollution Control Authori'ty., February 1973.

!l. Permit Program of the South Carolina Department of Health and Environmental
Control for Participation in the National Pollutant Discharge Elimi-
nation System. South Carolina Department of Health and Environmental
Control, 1975,

12, South Carolina Air Quality Implementation Plan, South Carolina Pollution
Control Authority, 1972.

134 Department of Health and Environmental Control Fiscal Year 1975 Plans:for
Programs, Supportive Services, Consultative Activities, and Special
Projects. South Carolina Department of Health and' Environmental
Control, July 1974,

9- ~~~~~~~~~~APPENDIX I

South Carolina Pollution Control Act
As Amended

ACT 1157 - THE POLLUTION CONTROL ACT OF SOUTH CAROLINA - 1970

As Amended by the 1971-1972 General Appropriations Act
For the Fiscal Year 1971-1972
And by Act No. 390 of the 1973 General Assembly
And by Act No. 446 of the 1973 General Assembly
And by Act No. 1094 of the 1974 General Assembly
And by Act No. 395ofZ tha 1975 General Assembly
An Act To Provide For The Creation Of The Pollution Control Authority And
To Repeal Chapter 3 Of Title 70 Of The 1962 Code And Act 383, Of 1965, Relating
To Pollution Control.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Pollution Control Act" and, when used
herein, unless the context otherwise requires:

(1) "Person" means any individual, public or private corporation, political
subdivision, government agency, municipality, industry, copartnership, association,
firm, trust, estate or any other legal entity whatsoever;

(2) "Waters" means lakes, bays, sounds, ponds, impounding reservoirs,
springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the
Atlantic Ocean within the territorial limits of the State and all other bodies
of surface or underground water, natural or artificial, public or private, inland
or coastal, fresh or salt, which are wholly or partially within or bordering the
State or within its jurisdiction;

(3) "Marine district" means the waters of the Atlantic Ocean within three
nautical miles from the coast line and all other tidal waters within the State;

(4) "Sewage" means the water-carried human or animal wastes from residences,
buildings, industrial establishments, or other places, together with such ground
water infiltration and surface water as may be present and the admixture with
sewage of industrial wastes or other wastes shall also be considered "sewage";

(5) "Industrial waste" means any liquid, gaseous, solid or other waste
substance or a combination thereof resulting from any process of industry,
manufacturing, trade or business or from the development of any natural resources;

(6) "Other wastes" means garbage, refuse, decayed wood, sawdust, shavings,
bark, sand, clay, lime, cinders, ashes, offal, oil, gasoline, other petroleum
products or by-products, tar, dye stuffs, acids, chemicals, dead animals, heated
substances, and all other products, by-products or substances not sewage or
industrial waste;

(7) "Pollution" means, (1) the presence in the environment of any substance,
including but not limited tojsewage, industrial waste, other waste, air contaminant,
or any combination thereof in such quantity and of such characteristics and
duration as may cause, or tend to cause the environment of the State to be
contaminated, unclean, noxious, odorous, impure or degraded, or which is, or tends
to be injurious to human health or welfare; or which damages property, plant,
animal or marine life or use of property; or (2) the man-made or man-induced
alteration of the chemical, physical, biological, and radiological integrity
of water.

-2-

(8) "Standard" or "standards" means such measure of purity or quality for
any waters in relatioAi to their reasonable and necessary use as may after hearing
be established;

(9) "Board" means the Board of Health and Environmental Control;

(10) "Sewage system" or "sewerage system" means pipelines and conductors,
pumping stations, force mains and all other construction, devices-and appliances
appurtenant thereto used for conducting sewage, industrial waste or other wastes
to a point of ultimate discharge;

(11) "Treatment works" means any plant, disposal field, lagoon, constructed
drainage ditch or surface water intercepting ditch, incinerator, area devoted to
sanitary landfills or other works not specifically mentioned herein, installed
for the purpose of treating, neutralizing, stabilizing or disposing of sewage,
industrial waste or other wastes;

(12) "Disposal system" means a system for disposing of sewage, industrial
waste or other wastes, including sewerage systems and treatment works;

(13) "Outlet" means the terminus of a sewer system or the point of emergence
of any water-borne sewage, industrial waste or other wastes, or the effluent
therefrom, into the waters of the State;

(14) "Shellfish" means oysters, scallops, clams, mussels and other aquatic
mollusks and lobsters, shrimp, crawfish, crabs and other aquatic crustaceans;

(15) "Ambient air" means the portion of the atmosphere outside of buildings
and other enclosures, stacks, or ducts which surrounds human, plant or animal
life, water or property;

(16) "Air contaminant" means particulate matter, dust, fumes, gas, mist,
smoke, or vapor, or any combination thereof produced by processes other than
natural;

(17) "Source" means any and all points of origin of air contaminants whether
privately or publicly owned or operated;

(18) "Undesirable level" means the presence in-the outdoor atmosphere of one
or more air contaminants or any combination thereof in sufficient quantity and of
such characteristics and duration as to be injurious to human wealth or welfare,
or to damage plant, animal or marine life, to property or which unreasonably inter-
fere with enjoyment of life or use of property;

(19) "Emission" means a release into the outdoor atmosphere of air contam-
inants; (as amended in 1973)

(20) "Environment" means the waters, ambient air, soil and/or land; (as
amended in 1973)

(21) "Effluent" means the discharge from a waste disposal system; (as
amended in 1973)

-3-

(22) "Effluent limitations" means restrictions or prohibitions of chemical,
physical, biological, and other constituents which are discharged .from point
r sources into State waters, including schedules of compliance; (as amended in 1973)

(23) "Point source" means any discernible, confined and.discrete conveyance,
-- including but not limited to. any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding operation,
or vessel, or other floating craft, from which pollutants are or may be discharged.

SECTION 2. It is declared to be the public policy of the State to maintain
reasonable standards of purity of the air and water resources of the State,
consistent with the public health, safety and welfare of its citizens, maximum
r employment, the industrial development of the State, the propagation and pro-
tection of terrestrial and marine flora and fauna, and the protection of physical
property and other resources. It is further declared that to secure these purposes
7 and the enforcement of the provisions of this act, the Board of Health and Enviro-
mental Control shall have authority to abate, control and prevent pollution.

SECTION 3 - No longer applicable - see Reorganization Plan 10

SECTION 4 - No longer applicable - see Reorganization Plan 10

SECTION 5 - No longer applicable - see Reorganization Plan 10

SECTION 6 - No longer applicable - see Reorganization Plan 10

SECTION 7. The Board shall promulgate rules and regulations to implement this act
and to govern the procedure of the Board with respect to meetings, hearings, filing
of reports, the issuance of permits and all other matters relating to procedure.
The rules and regulations for preventing contamination of the air may not specify
any particular method to be used to reduce undesirable levels, nor the type, design,
or'method of installation or type of construction of any manufacturing processes or
other kinds of equipment.

SECTION 8. The Board, after public hearings as herein provided, shall adopt standards
and determine what qualities and properties of water and air shall indicate a pollu-
ted condition and these standards shall be promulgated and made a part of the rules
and regulations of the Board. The Board, in determining standards and designating
the use of streams, shall be guided by the provisions of this act.

SECTION 9. The Board may:

(1) Hold public hearings, compel attendance of witnesses, make findings of
fact and determinations and assess such penalties as herein prescribed;

(2) Hold hearings upon complaints or upon petitions in accordance with Section
17A or as otherwise provided in this act;

r (3) Make, revoke or modify orders requiring the discontinuance of the dis-
charge of sewage, industrial waste or other wastes into any waters of the State,
or the discharge of air contaminants into the ambient air so as to create an un-
r desirable level, resulting in pollution in excess of the applicable standards
established. Such orders shall specify the conditions and time within which such
discontinuance must be accomplished;

-4-

(4) Institute o0 cause to be instituted in a court of competent jurisdiction,
legal proceedings, including an injunction, to cmpel compliance with the provi-
s ions of this Act, or the determinations, permits and permit conditions, and orders
of the Board. An injunction granted by any court shall be issued without bond;

r 5) Issue, deny, revoke, suspend or modify permits, under such conditions
as it may prescribe for the discharge of sewage, industrial waste or other waste
or air contaminants or for the installation or operation of disposal systems or
sources or parts thereof; provided, however, that no permit shall be revoked without
first providing an opportunity for a hearing;

r (6) Conduct studies, investigations and research with respect to pollution '
abatement, control or prevention. Such studies shall include but not be limited
to, air control, sources, disposal systems and treatment of sewage, industrial
waste or other wastes, by all scientific methods and, if necessary, of the use of
mobile laboratories;

(7) Settle or compromise any action or cause of action for the recovery of
f a penalty or damages under this act as it may deem advantageous to the State;
(8) Cooperate with the governments of the United States or other states or
State agencies or organizations, official or unofficial, in respect to pollution
control matters or for the formulation of interstate pollution control compacts or
agreements;

(9) Prepare and develop a general comprehensive program for the abatement,
control and prevention of air and water pollution;

(10) Require to be submitted to it and consider for approval plans for disposal
systems or sources or any parts thereof and inspect the construction thereof for
compliance with the approved plans;

(11) Administer penalties as otherwise provided herein for violations of this
act, including any order, permit, regulation or standards;,

(12) Accept, receive and administer grants or other funds or gifts for the
purpose of carrying out any of the purposes of this act; accept, receive and
receipt for federal money given by the federal government under any federal law
to the State of South Carolina for air or water control activities, surveys or.
programs;

r (13) Encourage voluntary cooperation by persons, or affected groups in
restoration and preservation of a reasonable degree of purity of air and water;

(14) Collect and disseminate information on air or water control;.
(15) Approve projects for which applications for loans or grants under the
Federal Water Pollution Control Act or the Federal Air Quality Act are made by
I any municipality (including any city, town, district, or other public body
created by or pursuant to the laws of this State and having jurisdiction over
disposal of sewage, industrial wastes or other wastes) or agency of this State
'Ir or by an interstate agency,
'

(16) Participate through its authorized representatives in proceedings under
the Federal Water Poltution Control Act or the Federal Air Quality Act to recoin-
r ~me-nd measures for abatement of water pollution originating in this State;
(17) Take all action necessary or appropriate to secure to this State the
r ~benefits of the Federal Water Pollution Control Act or the Federal Air Quality
Act and any and all other Federal and State acts concerning air and water
pollution control;

(18) Consent on behalf of the State to request by the Federal Security
Administrator to the Attorney General of the United States for the bringing
of suit for abatement of such pollution;

(19) Consent to the joinder as a defendant to such suit of any person who
is alleged to be discharging matter contributing to the pollution, abatement of
which is sought in such suit;

(20) Conduct investigations of conditions in the air or waters of the State
to determine whether or not standards are being contravened and the origin of
materials which are causing the polluted conditions;

* ~~(21) Establish the cause, extent and origin of damages from waste including
damages to the fish, waterfowl, and other aquatic animals and public property
* ~which result from the discharge of wastes to the waters of the State;

(22) Require the owner or operator of any source or disposal system to
establish and maintain such operational records; make reports; install, use,
and maintain monitoring equipment or methods; sample and analyze emissions or
discharges in accordance with prescribed methods, at locations, intervals, and
procedures as the Board shall prescribe; and provide such other information as
the Board reasonably may require; (as amended in 1973)

(23) Adopt emission and effluent control regulations, standards and limi-
tations that are applicable to the entire State, that are applicable only within
specified areas or zonies of the State, or that are applicab~le only when a specified
F ~class of pollutant is present; (as amended in 1973)

(23.1) Enter at all times in or upon any property, public or private, for.
the purpose of inspecting and investigating conditions relating to pollution or the
possible pollution of the environment of the State. Its authorized agents may
examine and copy any records or memoranda pertaining to the operation of a dis-
posal system or source that may be necessary to determine that the operation..thereof
is in compliance with the performance as specified in the application for a permit
to construct; provided, however, that if such entry or inspection is denied or not
consented to, and no emergency exists, the Board is empowered to and shall obtain
- ~from the magistrate from the jurisdiction in which such property, premise or place
is located, a warrant to enter and inspect any such property, premise or place
prior to entry and inspection. The magistrate of such jurisdiction is empowered to
issue such warrants upon a proper showing of the needs for such entry and inspection.
The results of any such inspection and investigation conducted by the Board shall
be reduced to writing and a copy shall be furnished to the owner or operator of
the source or disposal system; and (as amended in 1973)

-6-

(24) issue orders prohibiting any political entity having the authority to
issue building permits from issuing such permits when the political entity has
F ~been ordered to correct a condition which has caused or is causing pollution.
Provided, that no such order shall be issued until the State is capable of par-
ticipating in federal, State and local cost-sharing arrangements for municipal
waste treatment facilities as set forth in the Clean Water Restoration Act of 1966.

SECTION 10. It is recognized that, due to variable factors, no single standard of
quality and purity of the environment is applicable to all ambient air, land or
r ~waters of the State. In order to attain the objectives of this act, the Board,
after proper study and after conducting a public hearing upon due notice, shall
r ~adopt rules and regulations and classification standards. The classification and
the standards of quality and purity of the environment shall be adopted by the
Board in relation to the public use or benefit to which such air, land or waters
are or may, in the future, be put. Such classification and standards may from
time to time be altered or modified by the Board.

The adoption of a classification of the waters and the standards of quality and
r ~purity of the environment shall be made by the Board only after public hearing
an due notice as provided by this act.

SECTION 11. The standards for water adopted pursuant to this act may prescribe:

(1) The extent, if any, to which floating solids may be permitted in the
water;

(2) The extent to which suspended solids, colloids or a combination of
solids with other substances suspended in water may be permitted;
F
(3) The extent to which organisms of the coliform group (intestinal bpcilli)
or any other bacteriological organisms may be permitted in the water;

(4) The extent of the oxygen which may be required in receiving waters; and

- ~~~(5) Such other physical, chemical or biological properties as may be
necessary for the attainment of the objectives of this act.

SECTION 12. In adopting the classification of waters and the standards of purity
and quality, consideration shall be given to:

(1) The size, depth, surface area covered, volume, direction, rate of flow,
stream gradient and temperature of the water;

(2) The character of the district bordering such water and its peculiar
suitability for the particular uses and with a view to conserving it and encour-
aging the most appropriate use of the lands bordering on such water for residential,
agricultural, industrial or recreational purposes;

F ~~~(3) The uses which have been made, are being made or may be made of such
waters for transportation, domestic and industrial consumption, irrigation, bathing,
fishing and fish culture, fire prevention, sewage disposal or otherwise; and

(4) The extent of present defilement or fouling of such waters which has
already occurred or resulted from past discharges thecrein.

SECTION 13. (a) it fthall be unlawful for any person, directly or indirectly,
to throw, drain, run, allow to seep, or otherwise discharge into the environ-
ment of the State organic or inorganic matter, including sewage, industrial
wastes, and other wastes, except as in compliance with a permit issued by the
F ~~Department.
(b) Any person who discharges organic matter into the waters of this State
as described in subsection (a) to the extent that the fish, shellfish, aquatic
animals, wildlife or plant life indigenous to or dependent upon the receiving
waters or any property are damaged or destroyed shall be liable to the State for
such damages as may be proved. The action shall be brought by the State in its-
- ~~own name or in the name of the Board.

The amount of any judgment for damages recovered by the State, less cost,
shall be remitted to the agency, commission, department or political subdivi-
sion of the State that has jurisdiction over the fish, shellfish, aquatic
* ~~animals, wildlife or plant life damaged or destroyed.

F ~~~The civil remedy herein provided shall not be exclusive, and any agency,
commission, department or political subdivision of the State with appropriate
authority may undertake in its own name an action to recover such damages as it
may deem advisable independent of this subsection.

SECTION, 14. Any person affected by the provisions of this act or the -rules and
regulations adopted by the Board desiring to make any new outlet or source, or
to increase the quantity of discharge from existing outlets or sources, for the
* ~~discharge of sewage, industrial waste or other wastes, or the effluent therefrom,
or air contaminants, into the waters or ambient air of the State, shall first
r ~~make an application to the Board for a permit to construct and a permit to
discharge from such outlet or source. If, after hearing, the Board finds that
the discharge from such proposed outlet or source will not be in contravention
of provisions of this act, such permit to construct and such permit to discharge
shall be issued to suc.. applicant. The Board may, if sufficient hydrologic and
environmental information is not available for it to make a: determination of the
- ~~effect of such a discharge, require the person proposing to make such discharge
to conduct studies that will enable the Board to determine that its quality
standards will not be violated. (as amended in 1973 - remainder of this section
no longer applicable, see Reorganization Plan 10)

SECTION 15. It shall be unlawful for any person, unitil plans therefor have been
submitted to and approved by the Board and a written permit therefor shall have
been granted to:

(1) Construct or install a disposal system or source;

(2) Make any change in, addition to or extension of any existing disposal
system or part thereof that would-materially alter the method or the effect of
treating or disposing of the sewage, industrial waste or other wastes;

(3) Operate such new disposal systems or new source, or any existing
disposal system or source; or

(4) Increase the-load through existing outlets of sewage, industrial waste .
or other wastes into the waters of the State.

It 'shall be unlawful for- any person to operate an approved waste disposal -
facility in violation of the conditions of the permit to construct or the permit -
r to discharge.

It shall be unlawful for any person, directly or indirectly, negligently
or willfully, to discharge any air contaminant or other substance in the ambient
air that shall cause an undesirable level.

SECTION 16. If the Board shall determine that an undesirable level exists, it
r shall take such action as necessary to control such condition.

The Board shall grant such time as is reasonable for the owner or operator
. r of a source to correct the undesirable level, after taking all factors into con-
sideration that are pertinent to the issue.

In making its order and determinations, the Board shall take into considera-
tion all the facts and circumstances bearing upon the reasonableness of the emis-
sions involved including, but not limited to:

(a) The character and degree of injury to, or interference with, the health
and physical property of the people;

(b) The social and economic value of the source of the undesirable levels;

(d) The technical practicability and economic reasonableness of reducing
or eliminating the emisssions resulting from such source.

e ~If the undesirable level is not corrected within the required time, then
the Board shall issue'an order to cease and desist from causing such emissions.

r, SECTION 17. Any person discharging sewage, industrial waste or other waste or
air contaminant into any of the waters or ambient air of the State, without
regard to the time that such discharge began or whether such continued discharge
has been by virtue of a permit issued by the Board, shall discontinue the dis-
charge of such sewage, industrial waste or other wastes into, or in such manner
or quantity as to cause pollution of, the waters of the State upon receipt of a
final order of the Board issued pursuant to the provisions of this act. But in
the case of such discharges, except those discharges causing an actual or po-
tential hazard to public health, no final order or discontinuance of discharge
shall be entered until a reasonable time after service of an order of the Board
'* determining that such discharge constitutes pollution in contravention of the
standards adopted by the Board and directing the alleged polluter to take such
steps as may be necessary to abate the polluting content of such discharge to
conform to the standards of the Board.

SECTION 17A. (a) The Board may, after notice and opportunity for a public
hearing, revise or modify a National Pollutant Discharge Elimination System
permit in accordance with the procedures and criteria set out in Sections 301(c),
302, and 316(a) of the Federal Water Pollution Control Act Amendments of 1972.

(b) The Board may, after notice and opportunity for a public hearing,
revise or modify a final compliance date for any stationary source or class
or sources of air pollution whether contained in regulations or a compliance
order, if the Board determines that

(1) good faith efforts have been made to comply with such
requirement before such date;

(2) such source (or class) is unable to comply with such
requirement because the necessary technology or other
alternative methods of control are not reasonably avail-
able or have not been available for a sufficient period
of time;

(3) any available alternative operating procedures and
interim control measures have reduced or will reduce the
impact of such source on public health; and,

(4) the continued operation of such source is essential
to national security or to the public health or welfare.

Provided, however, that such compliance date shall not be extended for more than
one year beyond any compliance deadline prescribed in the State Implementation
Plan relating to such source (or class). Provided, further, that where the
compliance date is one prescribed in the State Implementation Plan, the findings
and recommendations of the Board shall be submitted to the Governor for transmit-
tal to the Administrator of the Federal Environmental Protection Agency or his
designated representative for his concurrence or rejection. Rejection by the
Administrator may constitute grounds for rejection of a request for modification
or revisions of such compliance requirement.

(c) Any determination under items (a) or (b) shall (1)' be made on the
record after notice to interested persons and opportunity for hearing, (2) be
7- based upon a fair evaluation of the entire record at such hearing, and (3) include
a statement setting forth in detail the findings and conclusions upon which the
determination is based.

SECTION 18. Public hearings shall be conducted by the Board prior to action by
the Board in the classification of the waters of the adoption of standards of
purity and quality thereof as provided by this act. The Board may conduct public
hearings prior to action in the following cases, either of its own volition or
upon the request of affected person, (a) an order of determination of the Board
requiring the discontinuance of discharge of sewage, industrial waste or other
wastes into the waters of the State or air contaminant into the ambient air, (b)
an order issuing, denying, revoking, suspending or modifying a peruit, (c) a
determination that a discharge constitutes pollution of waters or a marine district,
and (d) any other proceeding resulting in a finding of fact or determination that
a discharge of air' contaminants into the ambient air or sewage, industrial waste
or other wastes into the waters of the State contravenes the standards established
for such air and waters.

SECTION 19. The hearings herein provided for may be conducted by the Board
at a regular or special meeting or it may delegate to any member, to the Commissioner
or to any employee or agent of the Board, the authority to conduct such hearings
in the name of the Board at any time and place. But the Board shall make all necessary
decisions as to the matter under consideration. Such decisions may be based solely

-10-

upon the recorf of any hearing conducted by the Board or by its duly authorized
representatives.

SECTION 20. In any hearing held by the Board in which a quasi-judicial decision
is rendered, the Board shall make a report of the decision and secure its prompt
publication. The decision shall include a statement of the facts in controversy,
the decision of the Board, the law or regulation upon which the decision is based
and any other information deemed necessary.

To serve as a. guide and precedent of the policy of the Board, the decisions
shall be chronologically numbered according to date and compiled in an annual
report similar in style to the Reports of the Supreme Court. The reports of
these decisions shall be made available to the public.

If any person concerned with such hearing requests it, a complete transcript
of the testimony presented shall be made and filed.

SECTION 21. In any such hearing, any member of the Board, the Commissioner'or
any employee or agent thereof authorized by the Board may administer oaths,
examine witnesses and issue in the name of the Board notices of hearings and
subpoenas requiring the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in any such hearing. Witnesses
shall receive the same fees and mileage as in civil action.

SECTION 22. In case of refusal to obey a notice of hearing or subpoena, the
Court of Common Pleas shall have jurisdiction, upon application of the Board,
to issue an order requiring such person to appear and testify or prOduce-evidence,--
as the case may require, and any failure to obey such order of the court may be
punished by the court as a contempt thereof.

SECTION 23. Any person may appeal from any order of the Board within thirty days
after the filing of the order, to the Court of Common Pleas of any county in
which the pollution occurs. The Board shall thereupon certify to the court the
record in the hearing. The court shall review the 'record and the regularity and
the justification for the order, on the merits, and render judgment thereon as
in ordinary appeals in equity. The court may order o' permit further testimony
on the merits of the case, in its discretion such testimony to be given either
before the judge or referee by him appointed. FPom,, such judgment of the court
an appeal may be taken as in other civil actions.

SECTION 24. The Attorney General shall be the legal adviser of the Board and shall
upon request of the Board institute injunction proceedings or any other court
action to accomplish the purpose of this act. In the prosecution of any criminal
action by the Attorney General and in any proceeding before a grand jury in con-
nection therewith the Attorney General may exercise all the powers. and perform
all the duties which the solicitor would otherwise be authorized or required to
exercise or perform and in such a proceeding the solicitor shall exercise such
powers and perform such duties as are requested of him by the Attorney General.

SECTION 25. Prosecutions for the violation of a fiiial determination or order
shall be instituted only by the Board or as otherwise provided for in this act.

SECTION 26.. Any funds appropriated to or received by the Board shall be deposited

in-the State Treasury as provided by law. Such funds shall be paid out on
warrants issued by the State as prescribed by law, but only on order of the
authorized representative of the Board and in accordance with an annual budget
or amendments thereto approved by the Board at an official meeting, such order
being the authority of the proper fiscal officials of the State for making payment.

SECTION 27. It is the purpose of this act to provide additional and cumulative
remedies to abate the pollution of the air and waters of the State and nothing
herein contained shall abridge or alter rights of action in the civil courts or
remedies existing in equity or under the common law or statutory law, nor shall
any provision in this act or any act done by virtue of this act be construed as
estopping the State, persons or municipalities, as riparian owners or otherwise,
in the exercise of their rights under the common law, statutory law or in equity
to suppose nuisances or to abate any pollution.

SECTION 28. Causes of action resulting from the violation of the prohibitions
contained in this act inure to and are for the benefit of any person or persons
damaged as the result of any such violation. A determination by the Board that
pollution exists or a violation of any of the prohibitions contained in this act,
whether or not actionable by the state, create no presumption of law or fact
inuring to or for the benefit of persons other than the State.

SECTION 29. Nothing contained in this act shall be deemed to grant to the Board
any authority to make any rule, regulation or determination or to enter any order
with respect to air conditions existing solely within the industrial boundaries
of commercial and industrial plants, works or shops or to affect the relations
between employers and employees with respect to or arising out of any air pollu-.-
tion within such boundaries.

SECTION 30. Any records, reports or information obtained under any
provision of this Act shall be available to the public. Upon a showing satis-
factory to the Department by any person that records, reports or information,
or particular parts thereof, other than effluent or emission data, if made public
would divulge methods or processes entitled to protection as trade secrets of
such person, the Department shall consider such record, report or information or
particular portion thereof confidential in the administration of this act.

SECTION 31. Nothing herein contained shall be construed to postpone, stay or
abrogate the enforcement of the provisions of the public health laws of'this
State and rules and regulations promulgated hereunder in respect to discharges
causing actual or potential hazards to public health nor to prevent the Board
from exercising its right to prevent or abate nuisances.

SECTION 32. Whenever the Board finds that an emergency exists requiring imme-
diate action to protect the public health or property, the Board, with concur-
rent notice to the Governor, may without notice or hearing issue an order
reciting the existence of such an emergency and requiring that such action be
taken as the Board deems necessary to meet the emergency. Such order shall be
effective immediately. Any person to whom such order is directed shall comply
therewith immediately, but on application to the Board or by direction of the
Governor shall be afforded a hearing within 48 hours. On the basis of such
hearing, the. Board shall continue such order in effect, revoke it, or modify
it. Regqrdless of whether a hearing is held, the Board shall revoke all emer-
gency orders as soon as conditions or operations change to the extent that an
emergency no longer exists.

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SECTION 33. The civil and criminal liabilities herein imposed upon persons
violating the provisions hereof shall not be construed to include any viola-
tion which was caused by an act of God, war, strike, riot or other catastrophe
as to which negligence on the part of such person was not the proximate cause.

SECTION 34. The governing body of any county is hereby authorized to establish,
administer and enforce a local air pollution control program, subject to the
approval of the Board. Such programs shal] be formulated in accordance with
standards and procedures adopted by the Poard, and shall be subject to periodic
review by the Board, which shall have the power to invalidate such programs if
found to be unsatisfactory. County pollution control authorities, when consti-
tuted under this section, are hereby authorized to exercise in the geQgraphic
area involved all of the powers specified in this act, including the authority to
adopt rules, regulations and procedures for the control of air pollution.

SECTION 35. Any person who willfully or negligently violates any of the provi-
sions of this Act, or any rule or regulation, permit or permit condition, final
determination or order of the Board, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine of not less than five hundred
dollars nor more than twenty-fivc thousand dollars for each day's violation or
be imprisoned for not more than two years, or both.

SECTION 35.1 Any person violating any of the provisions:of this act, or any
rule or regulation, permit or permit condition, final determination or order
of the Board, shall be subject to a civil penalty not to exceed ten thousand
dollars per day of such violation.

SECTION 35.2. Any person who knowingly makes any false statement, representa-
tion, or certification in any application, record, report, plan, or other docu-
ment filed or required to be maintained under this act or who falsifie$, tampers
with, or knowingly renders inaccurate any monitoring deviee or method required
to be maintained under this act, shall be subject to the civil or criminal
provisions contained in this act. For the purposes of this section, the
term "person" shall mean, in addition to the definition contained in Section 1
of this act, any responsible corporate officer.

SECTION 36. All penalties assessed under this act shall be held as a debt payable
to the State by the person against whom they have been charged and shall constitute
a lien against the property of such person. One-half of the penalties so collected
shall inure to the benefit of the county.

SECTION 37. Chapter 3 of Title 70 of the 1962 Code and Act 383 of 1965 and all
other acts or parts of acts inconsistent herewith are repealed.

APPENDIX II

Water Classification Standards System
for the State of South Carolina

APPENDIX III

__ ~~~~~Classification of Natural Waters in South Carolina

1"~~~~~~~~~~~ ~~~39

STREAM CLASSIFICATIONS

FOR THE STATE OF

SOUTH CAROLINA

as adopted by the-

SOUTH CAROLINA POLLUTION CONTROL AUTHORITY

I. Authority For Adoption Of Classifications: (S.C. Code of Laws, 1962 and 1971
Cumulative Supplement)

Section 10. It is recognized that, due to variable factors, no single standard of
7 ~~ quality and purity of the environment is applicable to all ambient air, land
or waters of the State. In order to attain the objectives of this act, the
Board, after proper study and after conducting a public hearing upon due
notice, shall adopt rules and regulations and classification standards. The
classification and the standards of quality and purity of the environment
shall be adopted by the Board in relation to the public use or benefit to
- ~~which such air, land or waters are or may, in the future, be put. Such
classification and standards may from time to time be altered or modified
by the Board.

The adoption of a classification of the waters and the standards of
quality and purity of the environment shall be made by the Board only after
public hearing on due notice as provided by this act.

Section 12. In adopting the classification of waters and the standards of purity
and quality, consideration shall be given to:

(1) The size, depth, surface area covered, volume, direction,
rate of flow, stream gradient and temperature of the water;

(2) The character of the district bordering such water and its
peculiar suitability for the particular uses and with a view to con-
serving it and encouraging the most appropriate use of the lands
bordering on such water for residential, agricultural, industrial
or recreational purposes;

P- (3) The uses which have been made, are being made or may be made
of such waters for transportation, domestic and industrial consumption,
irrigation, bathing, fishing and fish culture, fire prevention, sewage
disposal or otherwise; and

(4) The extent of present defilement or fouling of such waters
which has already occurred or resulted from past discharges therein.

11. Criteria For Classes:

All adopted classifications must conform to the standards contained
within State Water Classification Standards System as adopted by the South
17 ~~ Carolina Pollution Control Authority on September 8, 1971 and filed with
the South Carolina Secretary of State on September 10,.1971.

-III. Tributary To Classified Waters:

In any case where streams are not otherwise classified and are tributaries
to a classified stream they shall meet the quality standards of the classified
stream.

IV. Signif-'cance Of Dates:

The filing date after each classified body of water represents the date
on which the adopted classification was filed'with the South Carolina Secretary
of State.

On file with the Secretary of State and the Pollution Control Authority
are the date and place of each public hearing on stream classification and
the date on which the classifications was adopted by the Pollution Control
Authority.,

7-V. Status Of Classifications:

The classification for all bodies of water contained herein supersedes
all previous classifications.

ALLAN CREEK (also called Allen Creek): Spartanburg County. The entire stream
tributary to Enoree River, Class B. Filed August 7, 1972.

ARCHER CREEK: Beaufort County. That portion from Port Royal to U.S. Government
Parris Island Bridge, Class SB; from the Bridge to Broad River, Class SA.
Filed March 15, 1968o

ASHEPOO RIVER: Colleton County. That portion to salt water intrusion, Class B.
Filed August 7, 1972; Salt water intrusion to Atlantic Ocean, Class SA.
Filed November 5, 1955.

ASHLEY RIVER: Dorchester and Charleston Counties. That portion to salt water intrusion,
Class B. Filed September 27, 1954 and August 7, 1972; Salt water intrusion to
Charleston Harbor, Class SC. Filed September 27, 1954.

V SHPOLE SWAMP: Dillon and Marion County. The entire stream tributary to Lumber
River, Class A (swamp). Filed June 8, 19564
BACK RIVER: Berkeley County, The entire stream tributary to Cooper River, Class B.
Filed September 27, 1954.

BAILEY CREEK: Anderson County. The entire stream tributary to Rocky River, Class B.
Filed June 29, 1953.
BAKER CREEK: McCormick County. The entire stream tributary to Clark Hill Reservoir,
Class B. Filed May 26, 1955,
BARTONS BRANCH (Summerhouse Branch and Johnsons Swamp): Williamsburg and Georgetown
Counties. The entire stream tributary to Black River, Class B (swamp).
Filed August 7, 1972,
BATTERY CREEK: Beaufort County. The entire stream tributary to Beaufort River,
Class SB. Filed March 15, 1968.
BEAR CREEK: Newberry and Lexington Counties. The entire stream tributary to Lake
Murray, Class B. Filed August 7, 1972.

BEAR CREEK: Lancaster County. The entire stream tributary to Cane Creek, Class B
Filed December 7, 1962.
"~EAR SWAMP: Dillon County. The entire stream tributary to Ashpole Swamp, Class A
(swamp). Filed June 8, 1956o

BEARDS FORK CREEK: Laurens County. The entire stream tributary to Duncan Creek,
Class B. Filed August 7, 1972 and March 31, 1954.
BEAUFORT RIVER: Beaufort County. The entire stream tributary to Port Royal Sound,
Class SB. Filed November 5, 1955,
BEAVER CREEK: Anderson County. The entire stream tributary to Rocky River, Class B.
Filed August 7, 1972.

BEAVER CREEK: Kershaw County. The...entire stream tributaryto Wateree Lake, Class A.
Filed January 18, 1957.

BEAVERDAM CREEK: Anderson County. The entire stream tributary.to Rocky River,
Class B. Filed June 29, 1953.

BEAVERDAM CREEK: Darlington.and Chesterfield Counties. The entire stream tributary
to Black Creek, Class A. Filed August 7, 1972.

BEAVERDAM CREEK 'also called Irene Creek): Cherokee Countyo The entire stream tributary
to Thicketty Creek,.Class B. Filed August 7, 1tI72.

'BEAVERDAM CREEK: Laurens County. The entire st0i tributary to Enoree River, Class A.
Filed October 15, 1969.

BEAVERDAM CREEK: Marlboro County. The headwaters to the upper end of McLaurins Pond,
Class B; McLaurins Mill Pond to Little Pee Dee River, Class A. Filed June

BEAVERDAM CREEK: York County. The entire stream tributary to Crowder's Creek, Class B.
Filed August 7, 1972.

BEES CREEK: Jasper County. The entire stream tributary to Coosawhatchie River, Class SC.
Filed November 5, 1955.

'BELL SWAMP CREEK: Dillon County. The entire stream tributary to Little Pee Dee River,
Class A. FiledAugust 7, 1954.

BETSY CREEK: Anderson County. The entire stream tributary to Beaver Creek, Class B.
Filed August 7, 1972.

BIG ALLISON CREEK: York County. The entire stream tributary to Lake Wylie, Class B.
Filed August 7, 1972.

_-BIG BOGGY SWAMP: Darlington County. The entire stream tributary to McIntosh Mill Stream, -
Class A. Filed.-.August 7, 1972.

BIG CREEK: Anderson County. The entire stream tributary to Saluda River, Class B.
Filed August 7, 1972 and September 27, 1963.

BIG GENEROSTEE CREEK: Anderson County. The entire stream tributary.to Savannah River,
Class B. Filed August 7, 1972.

IBIG PINE TREE CREEK: Kershaw County. Headwaters through Hermitage Mill Canal, Class A.
Filed January 18, 1957; Hermitage Mill Canal to Wateree River, Class B--TF-d
August 7, 1972.

BIG ROCK CREEK: Greenwood County. The entire stream tributary to Wilson Creek, Class B.
Filed October 5, 1953o

BIG SWAMP: Florence County. The entire stream tributary to Lynches River, Class B (swamp).
Filed August 7, 1972. "

m2-

BLACK CREEK: Darlington, Chesterfield and Florence Counties. From its headwaters to
.Co 145 Class B; from S.C. 145 through Prestwood Reservoir at Hartsville,
4tlass A (swamp); Filed June 8, 1956. From Prestwood Reservoir to U.S. 52,
Class B (swamp�) Filed August 7, 1972. From U.S. 52 to S.C.L. Railroad
bridge east of Hartsville, Class B; from the SoC,L, Railroad bridge to its
confluence with Pee Dee River, Class A. Filed January 21, 1969.

BLACK RIVER: Lee, Sumter, Clarendon, Williamsburg and Georgetown Counties, From the
headwaters to the confluence with Pocotaligo River, Class B (swamp); from
this point to the junction with US. 701, Class A (swamp); from U.S. 701 to
Winyah Bay, Class SB0 Filed June 8, 1956.

BLUE HILL CREEK: Abbeville County. The entire stream tributary to Norris Creek, Class B.
Filed August 7, 1972 and May 26, 1955.

BOHICKET CREEK: Charleston County. From its junction with North Edisto River to its
junction with Church Creek, Class SA. Filed March 15, 1968.

BRANCH FROM HAILE GOLDMINE: Lancaster County. The entire stream tributary to Lynches
Creek, Class B. Filed August 7, 1972.

BRICKYARD CREEK: Beaufort County. The entire stream tributary to Beaufort River, Class SAW
Filed November 5, 1955

BRICKYARD CREEK: Charleston County. The entire stream tributary to Ashley River, Class SC.
Filed September 27, 1954.

BROAD CREEK: Beaufort County. The entire stream tributary to Calibogue Sound, Class -rA.
Filed March 15, 1968.

BROAD RIVER (Main Stem): Cherokee, York, Union, Chester, Newberry, Fairfield and Richland
Counties. The entire stream tributary to Congaree River, Class B. Filed February
24, 1953.

BROAD RIVER: Jasper and Beaufort Counties, The entire stream tributary to Port Royal
Sound, Class SA. Filed November 5, 1955.

BROADMOUTH CREEK: Abbeville and Anderson Counties. The entire stream tributary to
Saluda River, Class B. Filed August 7, 1972.

BROADWAY CREEK: Anderson County. Headwaters from Broadway Creek to backwaters of
/Broadway Lake, Class B; Broadway Lake to Rocky River, Class A. Filed January
27, 1956.

BROWNS SWAMP: Marion County. The entire stream tributary to Pee Dee River Swamp, Class B
(swamp). Filed August 7, 1972.

BRUSHY CREEK: Greenville County. Headwaters northeast of Greenville to Enoree River,
Class B. Filed November 7, 1956,

BRUSHY CREEK: Greenville County. The entire stream tributary to Reedy River, Class B.
Filed August 7, 1972.

-3-

BRUSHY CREEK: Pickens County. The entire stream tributary to Saluda River, Class B.
Filed August 7, 1972,
BUCK CREEK: Barnwell County. The entire stream tributary to Salkehatchie River,
Class B. Filed August 7, 1972.
BUCK CREEK: Spartanburg County. The entire stream tributary to Pacolet River,
Class B. Filed August 7, 1972.
BUCK SWAMP: Dillon, Marion and Marlboro Counties. The entire stream tributary to
Little Pee Dee River, Class B (swamp). Filed August 7, 1972.
BUFFALO CREEK: Cherokee County. The entire stream tributary to Broad River, Class B.
Filed January 18. 1962 and March 20, 1964.
BUFFALO CREEK: Union County. The entire stream tributary to Fairforest Creek, Class
B. Filed August 7, 1972.
BULL BRANCH- Marlboro County. The entire stream tributary to Hagins Prong, Class B.
Filed August 7, 1972.
BULL CREEK: Horry County. Pee Dee River to Waccamaw River, Class B. Filed March 15,
1i968.
BULLOCKS CREEK: York County. Headwaters to Broad River, Class A. Filed August 25, 1969.

BULL RUN BRANCH: Chester County. The entire stream within chester County, Class A.
Filed January 22, 1959.
BULL SWAMP CREEK: Lexington and Orangeburg Counties. That portion of the stream above
Swansea, Class A. Filed February 16, 1956; that portion below Swansea, Class D.
Filed August--- 7,972.
BURDINE CREEK: Pickens County. The entire stream tributary to Georges Creek, Class B.
Filed June 28, 1954,
BURNETTS CREEK. Saluda County. The entire stream tributary to Little Saluda River,.
Class B. Filed August 7, 1972,
ABURNT GIN LAKE: Sumter County. The entire lake located on the western aches of
Cane Savannah Creek, Class A. Filed January 24, 1972.
BUSH CREEK (or River): Laurens and Newberry Counties. The enttle stream tributary to
Lake Murray, Class B. Filed October 14, 1955 and August 7, 1972.

BYRUM'S CREEK (Branch from Appleton Mill to Whitner Creek). Anderson County. The
entire stream tributary to Whitner Creek, Class B. Filed August 7, 1972.

CALHOUN CREEK: Abbeville County. The entire stream tributary to Little River, Class
B. Filed August 7, 1972,
CALIBOGUE SOUND: Beaufort County. The entire sound tributary to Atlantic Ocean, Class
SA. Filed March 15, 1968,,

-4-

CANE CREEK: Lancaster County. The entire stream tributary to Catawba River, Class B.
Filed August 7, 1972.
CANE CREEK: Oconee County. That portion through the Walhalla Water Reservoir, Class B.
Filed May 24, 1954; That portion below County Road 202, Class B. FileW
February 3, 1955.
CANNONS CREEK: Newberry County. The entire stream tributary to Broad River, Class B.
Filed October 14, 1955.

CANOE CREEK: Anderson County. The entire stream tributary to Little Generostee Creek,
Class B. Filed August 7, 1972.
CAPE ROMAIN HARBOR: Charleston County. The entire stream tributary to Atlantic Ocean,
Class SA. Filed March 15, 1968.

CATAWBA-WATEREE RIVER: York, Lancaster, Chester, Fairfield, Kershaw, Richland and
Sumter Counties. The entire stream tributary to Lake Marion, Class B.
Filed February 17, 1954.
CATFISH CREEK: Marion County. The entire stream tributary to Pee Dee River, Class B
(swamp). Filed August 7, 1972.
CAW CAW SWAMP: Allendale and Hampton Counties. The entire stream tributary to Whippy
Swamp, Class B. Filed August 7, 1972.
' CEDAR CREEK: Darlington and Chesterfield Counties. The entire stream tributary to
Pee Dee River, Class A. Filed August 7, 1972.

CEDAR CREEK: Fairfield and Richland Counties. The entire stream tributary to Broad
River, Class B. Filed August 7, 1972.
CEDAR CREEK: Richland County. The entire stream tributary to Congaree River, Class A.
Filed January 26, 1972.
CEMETERY CREEK (or Silver Brook Creek): Anderson County. The entire stream tributary
to Rocky River, Class B. Filed August 7, 1972.
CHARLESTON HARBOR: Charleston County. From Battery'to Atlantic Ocean, Class SC.
Filed March 15, 1968.
CHATOOGA RIVER: Oconee County. The entire stream tributary to Tugaloo River, Class A.
Filed March 15, 1968.
CHAUGA CREEK (also called Jerry Creek): Oconee County. From headwaters through Oconee
State Park swimming area, Class A; from this point to Chauga River, Class B.
Filed May 24, 1954.
CHAUGA RIVER: Oconee County. Headwaters to 1 mile above U.S. 76, Class AA. Filed
May 24, 1954; from 1 mile above U.S. 76 to Tugaloo River, Class B,. Filed
August 1, 1955.

-5-

CHEROKEE CREEK: Anderson County. The entire stream tributary to Hen Coop Creek,
Class B. Filed August 7, 1972.

CHEROKEE CREEK: Cherokee County. The entire stream tributary to Broad River, Class
Bo Filed February 24, 1953 and August 7, 1972.

CHICKASAW CREEK: Abbeville County. The entire stream tributary to Little Pee Dee
River, Class B. Filed March 24, 1955 and August 7, 1972.

CHOESTOEA CREEK: Oconee County. The entire stream tributary to Hartwell Reservoir,
Class B. Filed August 7, 1972.

CHOWAN CREEK: Beaufort County. The entire stream tributary to Beaufort River,
Class SA. Filed November 5, 1955.

CLARK CREEK: Williamsburg and Florence Counties. The entire stream tributary to
Pee Dee River, Class B (swamp). Filed August 7, 1972.

CLARK HILL RESERVOIR: McCormick County. The entire reservoir on the Savannah River,
Class A. Filed March 15, 1968.

CLARK SOUND: Charleston County. The entire sound tributary to Charleston Harbor,
Class SC. Filed March 15, 1968.

CLARKS CREEK: York County. The entire stream tributary to Bullocks Creek, Class A.
Filed August 25, 1969.

CLOUDS CREEK: Saluda County. The entire stream tributary to Lake Murray, Class B.
Filed August 7, 1972.

COASTAL WATERS: Charleston County. From the land to the limits of State jurisdiction,
Class SA. Filed March 15, 1968.

COASTAL WATER: Georgetown and Horry Counties. From the land to the limits of State
jurisdiction, Class SA. Filed March 15, 1968.

COASTAL WATER: Jasper, Beaufort and Colleton Counties. Coastal waters offshore to
the land to the limits of the State jurisdiction, Class SA. Filed March
15, 1968.

COLLETON RIVER: Beaufort County. The entire stream tributary to Port Royal Sound,
Class SA. Filed November 5, 1955.

COMBAHEE-SALKEHATCHIE RIVER: Barnwell, Bamberg, Allendale, Hampton, Colleton and
Beaufort Counties. That portion of the stream to salt water intrusion,
Class A; from salt water intrusion to St. Helena Sound, Class SA. Filed
November 5, 1955.

CONEROSS CREEK: Oconee County. That portion through Negro Fork Creek, Class A.
Filed May 24, 1954 and March 22, 1962.

- 6 -

CONGAREE CREEK: Lexington County. That portion of the stream above the Cayce intake,
..Class A. Filed October 14,.1955; from that point.to.the Congaree River,
Class B. Filed August 7, 1972.
CONGAREE RIVER: R1chland, Lexington and Calhoun Counties. The entire stream tributary
to Lake Marion, Class B. Filed August 7, 1972.
CONTRARY-SWAMP: Dillon County. The entire stream from its headwaters to the North
Carolina line near South of the Border, Class B. Filed August 7, 1972.
COOPER RIVER: Berkeley and Charleston .Cunties. That portion of.the stream from
.... U.S. 52 to a point approximately 30 miles above the junction of the Ashley
. . . and Cooper Rivers., Class B. Filed September 27, 1954 and February 24, 1953.
That portion below that point t* the junction of the Ashley and Cooper Rivers,
" Class SC. Filed February 24, 1953.
COOPER RIVER: Beaufort County. The entire stream tributary to.Calibouge Sound, Class
SA. Filed November 5, 1955.
COOSAW RIVER: Beaufort County. The entire stream tributary to St. Helena.Sound,
Class SA. Filed November 5, 1955.
COOSAWHATCHIE RIVER: Allendale Hampton and Jasper Counties. Headwaters to salt water
intrusion, Class A. Salt water intrusion to Broad River, Class SA. Filed
November 5, 1J55-
COPAHEE SOUND: Charleston County. The entire sound, Class SA. Filed March 15, 1968.

CORNER CREEK: Abbeville County. The entire stream tributary to Little River, Class B.
- Filed August 7, 1972.
CORONACA-CREEK: Greenwood County. The entire stream tributary to-Wilson Creek, Class B.
Filed October 5, 1953.
COWPEN SWAMP: Dillon County. The entire stream tributary to Bear Swamp, Class A (swamp).
Filed June 8, 1956.
COWPENS CREEK: Cherokee County. The entire stream tributary to Little Thicketty Creek,
Class B. Filed August 7, 1972o
COX BRANCH: Bamberg County. The entire stream tributary to Lemon Creek, Class B.
Filed August 7, 1972.
CANE CREEK: Richland County. That portion above Lake Elizabeth (Best Lake), Class A.
Filed February 17, 1954. From Lake Elizabeth to Broad River, Class B: Filed
August 7, 1972.
CRIMMS CREEK: Newberry County. The entire stream tributary to Broad River, Class B.
Filed August 7, 1972.
CROOKED CREEK: Marlboro County. That portion of the stream above S.C. 9 at Bennetsville,
Class A. Filed June 8, 1956; from S.C. 9 to Pee Dee River, Class B. Filed
August 7 1972.

-7-

CROWDERS CREEK: York County. The entire stream tributary to Lake Wylie, Class B.
Filed August 7, 1972.

CYPRESS SWAMP: Dorchester.County. The entire. stream tributary to Ashley River,.
Class B. Filed September 27, 1954.

DIVERSION CANAL: Berkeley.County. The entire canal between.Lake.Marion and Lake
Moultrie, Class.A. Filed March 15, 1968.

DOOLITTLE CREEK: Cherokee County. The entire stream.tributary.to Broad River
Class B. Filed August 7, 1972.

DOUBLE BRANCH: Abbeville County. The entire stream.tributary to Long Cane Creek,
Class B. Filed August 7, 1972.

DRY BRANCH (also known as Dye Branch): York County. The entire stream tributary to ....
Jones Branch, Class B. Filed August 7, 1972.

DRY FORK BRANCH: Chester County. .The entire stream tributary to Sandy..River, Class .B
Filed August 7, 1972.

DUCK CREEK: Allendale County. The entire stream tributary-to Coosawhatchie River,
Class B. Filed August 7, 1972.

DUNCAN CREEK: Laurens and Newberry Counties. That portion of the stream in Laurens
County, Class B.. Filed March 31, 1954 and August 7, 1972. From the Laurens
and Newberry County line to the Whitmire discharge, Class A. Filed October
14, 1955. From the Whitmire discharge to the Enoree River, Class B.. Filed
August 7, 1972.

DUNCAN CREEK: Lexington County., The.entire stream tributary to Chinzuaptn Creek,
Class B, Filed October 14, 1955.

DURBIN CREEK: Greenville and Laurens County. The entire stream tributary to Enoree
River, Class B. Filed August 7, 1972.

DUTCHMANS CREEK: Fairfield County. .The entire stream tributary to Lake Wateree,
Class B. Filed August 7, 1972.

DUTCHMANS CREEK (also known.as Big Dutchmans Creek): York County. The entire stream
tributary to Catawba:.River, Class B. Filed August 7, 1972.

DYE BRANCH: York County. See Dry Branch in (York County).

EAST BEARDS CREEK: Anderson County. The entire stream tributary to Wilson Creek,
Class B. Filed August 7, 1972.

EAST ROCK CREEK: Anderson County. The entire stream tributary to Broadway Creek,
Class B. Filed August 7, 1972.

EAST FORK (also known as Fork Creek): Chesterfield County. The entire stream
tributary to Lynches River, Class B. Filed August 7, 1972.

-8 -

EDISTO RIVER (Main Stem): Orangeburg. Bamberg, Dorchester, Colleton and Charleston
Counties. The entire stream to the North Edisto and South Edisto Rivers,
Class A. Filed July 13, 1956.

EIGHTEEN MILE CREEK: Pickens and Anderson Counties. The entire stream tributary to
Hartwell Reservoir, Class B. Filed August 7, 1954, August 7, 1972 and
June 29, 1953.

ENOREE RIVER: Greenville, Spartanburg, Laurens, Union and Newberry Counties. The
entire stream tributary to Broad River, Class B. Filed April 7, 1953;
April 17, 1953; April 23, 1955 and AugusrT772.

FAIRFOREST CREEK: Spartanburg and Union Counties. The entire stream tributary to
Broad River, Class B. Filed August 7, 1972.

FIRST CREEK: Lexington County. The entire stream tributary to Congaree Creek,
Class A. Filed October 14, 1955.

FISHING CREEK: Chester and York Counties. From headwaters to S.C. 72, Class A.
Filed June 26, 1959. From S.C. 72 to Lando intake, Class Bo fTeiJ
November 3, 1953; and January 22, 1959. From the La-51�Tnake to Catawba
River, Class B. Filed August 7, 1972.

FISHING CREEK LAKE: Chester and Lancaster Counties. The entire Lake on Catawba River,
Class A. Filed September 7, 1972.

FLAGREED CREEK: Abbeville County. The entire stream tributary to Calhoun Creek,
Class B. Filed August 7, 1972.

FOLLY RIVER: Charleston County. The entire stream tributary to Stono River, Class SA.
Filed March 15, 1968.

FORK CREEK: Chesterfield County. See East Fork in (Chesterfield County).

FOUR HOLE SWAMP: Orangeburg. Corchester, Berkeley and Calhoun Counties. The entire
stream tributary to Edisto River, Class B (swamp). Filed February 16, 1956.

FOUR MILE CREEK: Orangeburg County. The entire stream tributary to North Fork Edisto
River, Class B. Filed February 16, 1956.

FOURTEEN MILE CREEK: Lexington County. The entire stream tributary to Twelve Mile
Creek, Class B. Filed October 14, 1955.
FRIPP INLET: Beaufort County. The entire stream tributary to Atlantic Ocean, Class SA.
Filed November 5, 1955.

FROWHAWK CREEK: Spartanburg County. The entire stream tributary to South Tyger River,
Class B. Filed August 7, 1972.

GAFFNEY CREEK: Cherokee County. See Peoples Creek in (Cherokee County).

GEORGES CREEK (and branch from Easley): Pickens County. The entire stream tributary
to Saluda River, Class B. Filed August 7, 1972.

-9-

GILLARD CREEK: Greenville County-, See Gliders Creek in-(Greenville County).

GILDERS CREEK (also known as Gillard Creek): Greenville County. The entire stream
tributary to Enoree River, Class B. Filed August 7, 1972.
GILLS CREEK: Richland County. From the headwaters through Forest Lake, Class A.
Filed February 17, 1954; from Forest Lake to Congaree River, Class B.
Filed August 7, 1972.
GOLDEN CREEK: Pickens County. The entire stream tributary to Twelve Mile Creek,
Class B. Filed August 7, 1972.
GRANNY'S QUARTER CREEK: Kershaw County. The entire stream tributary to Wateree River,
Class A. Filed January 18, 1957.

GRAPEVINE BRANCH: Bamberg County. The entire stream tributary to Lemon Creek, Class B.
Filed August 7, 1972.
GRASSY RUN BRANCH: Chester County. The entire stream tributary to Rocky Creek,
Class B. Filed August 7, 1972.
GRAYS SOUND: Charleston County. The entire sound, Class SA.. Filed March 15, 1968.

GREAT FALLS LAKE: Chester and Lancaster Counties. The entire lake on Catawba River,
Class A. Filed September 7, 1971.
GULLEY BRANCH: Florence County. The entire stream tributary to Jefferies Creek,
Class A. Filed June 8, 1956.
HAILE GOLD MINE BRANCH: Lancaster County. See Branch from Haile Gold Mine in
(Lancaster County).
HALFMOON BRANCH: Bamberg County. The entire stream tributary to Ghents Branch,
Class B. Filed-August 7, 1972.
HAMLIN SOUND: Charleston County. The entire sound, Class SA. Filed March 15, 1968.

HANGING ROCK CREEK: Lancaster and Kershaw Counties. That portion from the headwaters
to County Road 84 below Kershaw, Class B. Filed October 6, 1966.
HARBOR RIVER: Beaufort County. The entire stream tributary to St. Helena Sound and
Fripp Inlet, Class SA. Filed November 5, 1955.
HARD LABOR CREEK: Greenwood and McCormick Counties. The entire stream tributary
to Stevens Creek, Class B. Filed August 7,' 1972.
HARRIS MILL BRANCH: Greenwood County. The entire stream tributary to Rocky Creek,
Class B. Filed August 7, 1972.
HARTWELL RESERVOIR: Oconee, Pickens and Anderson Counties. All that portion
within South Carolina, Class A. Filed April 4, 1960.

- 10-

HAWE CREEK: McCormick County. The entire stream tributary to'Clark Hill Reservoir,.
Class B. Filed August 7, 1972.

HAYES SWAMP: Dillon County. The entire stream tributary to Little Pee Dee River,
;Class B (swamp),. Filed.-August 7, 1972.

HELLHOLE.CREEK: Lexington County; The entire stream.tributary to Lightwood Knot
Creek, Class A. Filed October 14, 1955.

HEMBREE CREEK: Anderson County. The entire stream tributary to..Hartwell Reservoir,
Class B. Filed.August 7, 1972.

HEMEDY CREEK (Ramsey Creek): Oconee County. The entire stream tributary to Chauga
River, Class B. Filed May 24, 1954.

HEN COOP CREEK: Anderson County. The entire stream tributary to Rocky River,
Class B. Filed.August 7, 1972.

HOLLOW CREEK: Lexington County. The entire stream tributary to Lake Murray, Class A.
Filed December 9, 1968.

- HORSE- CREEK Aiken County.. That portion above Flat..RockPond, Class A. Filed November
25,.: 1957; from Flat Rock Pond to Savannah.River, Class B.. Fed August 7, 1972.

- HUSBANDS CREEK: Marlboro County. The entire stream tributary to Pee Dee River, Class B.
Filed August 7, 1972.

INDIAN CREEtK Laurens County. The entire stream tributary to Enoree.River, Class B.
Filed August 7, 1972.

INDIAN FIELD SWAMP: Dorchester and Orangeburg Counties. The. entire stream tributary
to Polk Swamp,. Class B (swamp). Filed February 16, 1956.
INTRACOASTAL WATERWAY: Horry and Georgetown Counties. From the,.North Carolina line
to.salt water ift.trf, Class A; from salt water intrusion to Winyah Bay,
Class SA. Filed June 8, .15F6 from Winyah Bay to South Santee River, Class
SA. TFiled March 15, 1968.

INTRACOASTAL WATERWAY: Charleston County. That portion of the waterway from South
Edisto River to S..C..L. Railroad Bridge over Stono River, CT&ss SA. From
the S.C.L. Bridge over Stono River through Charleston Harbor to Ben Sawyer
Bridge, Class SC. From Ben Sawyer Bridge to South Santee River, Class SA.
Filed March 15, 1968.

- IRENE CREEK: Cherokee County. See Beaverdam Creek in (Cherokee County).
JACKSON BRANCH: Allendale and.Hampton Counties. The entire stream tributary to
Whippy Swamp, Class A. Filed November 5, 1955.

JACKSON CREEK: Fairfield County. The entire stream tributary to Little River,
Class A. Filed June 27, 1968.

- 11 -

JACKSON CREEK: Richland County. The entire stream .tributary..to Gills Creek,
Class A. Filed February 17, 1954.

JACOBS CREEK: Laurens County. The enttre stream tributary to Sand Creek, Class B.
Filed August 7, 1972.

JEFFRIES CREEK: Darlington and Florence Counties. Fromnthe headwaters to Claussen
Crossroads (S.C. 327),- Class B (swamp). From S.C. 327 to Pee Dee River,
Class A (swamp). Filed-June 8, 1956.

JERICHO CREEK: Beaufort County. The entire stream tributary to Battery Creek,
Class SB. FiledNMarch 15, 1968.

JERRY CREEK (also called Chauga Creek): Oconee.:t6unty. See Chauga Creek in
(Oconee County).

JIMMIES CREEK: Spartanburg County. The enitre.stream tributary to Tyger River,
Class B. Filed August 7, 1972..

JOHNSONS SWAMP (Summerhouse Branch and Bartons Branch): ...Williamsburg and Georgetown
Counties. The entire' stream tributary to Black River, Class B. Filed
August 7, 1972.

JORDAN BRANCH: Barnwell County. The entire stream tributary to Toby Creek, Cl.ass B.
Filed August 7, 1972.

KATE FOWLER BRANCH: Greenwood County. The entire stream tributary.to Ninety-six
Creek, Class B. Filed August 7, 1972.

KELLERS CREEK: Abbeville County. .The entire stream.tributary to McCord Creek,
Class B. Filed March 24, 1955.

KELSEY CREEK: Spartanburg County. The entire stream.tributary to Fairforest Creek,
Class B. Filed April 21, 1970.

KEOWEE LAKE: Oconee and Pickens Counties. The entire lake Class A. Filed September
7, 1971.

KILGORE BRANCH: Darlington County. The entire stream tributary to Black Creek,
Class A. Filed August 7, 1972.

KINGS CREEK: Newberry County. The entire stream tributary to Enoree River,
Class B. Filed October 14, 1955.

LAKE GREENWOOD: Greenwood, Laurens, Newberry Counties.....The entire lake on Saluda
River, Class A. Filed NovembIer 26, 1963.

LAKE LANIER: Greenville County. The entire lake on Vaughn Creek, Class A. Filed
Januray 24, 1972.

LAKE MARION: Berkeley, Clarendon, Sumter and Orangeburg .Counties. The entire Lake,
Class A. Filed March 15, 1968.

- 12 -

LAKE MOULTRIE: Berkeley County. The entire lake, Class A. Filed March 15, 1968.

LAKE MURRAY: Newberry, Lexington, Saluda and Richland Counties. The entire lake
on Saluda River, Class A. Filed September 7, 1971.

LAKE SWAMP (Lake City, also called Lynches Lake): Florence and Williamsburg Counties.
That portion to the developed swimming area, Class A (swamp). Filed
June 8, 1956. From the developed swimming area to Lynches River, Class B
(swamp). Filed August 7, 1972.
LAKE SWAMP: Darlington and Florence Counties. The entire stream tributary to Sparrow
Swamp, Class B (swamp). Filed August 7, 1972.
LAKE WYLIE: York County. The entire lake on Catawba River, Class A. Filed September
7, 1971.
LANGSTON CREEK (formerly Unnamed Creek which enters Reedy River 1 1/2 miles above Long
Branch): Greenville County. The entire stream tributary to Reedy River,
Class B. Filed August 7, 1972.
LAUREL CREEK: Greenville County. The entire stream tributary to Reedy River, Class B.
Filed November 7, 1956.
LAWSONS FORK CREEK: Spartanburg County. The entire stream tributary to Pacolet River,
Class B. Filed August 7, 1972.
LEMON CREEK: Barberg County. The entire stream tributary to Little Salkahatchie River,
Class B (swamp). Filed August 7, 1972.
LIGHTWOOD KNOT CREEK: Lexington County. The entire stream tributary to North Fork
Edisto River, Class A. Filed October 14, 1955.

LIMESTONE CREEK: Cherokee County. The entire stream tributary to Broad River, Class B.
Filed August 7, 1972.
LITTLE BOGGY SWAMP: Darlington County. The entire stream tributary to Big Bog ay Swamo,
Class A. Filed August 7, 1972.
LITTLE FORK CREEK: Chesterfield County. See West Fork in (Chesterfield County).

LITTLE GENEROSTEE CREEK: Anderson County. The entire stream tributary to Savannah River,
Class B. Filed August 7, 1972.
LITTLE HORSE CREEK: Aiken County. That portion above Clearwater Dam, Class A. Filed
November 25, 1957. From Clearwater Dam to Horse Creek, Class B. Filed August
7, 1972.
LITTLE LYNCHES RIVER (also called Lynches Creek): Lancaster and Kershaw Counties. The
entire stream tributary to Lynches River, Class B. Filed November 24, 1953;
June 8, 1956 and August 7, 1972.
LITTLE PEE DEE RIVER: Dillon County. That portion of the stream from its headwaters to
Ropers Mill Branch, Class A. Filed August 7, 1954. From Ropers Mill Branch to
S.C. 41, Class B. Filed Au-ust 7, 1972. From S.C. 41 to Lumber River, Class A.
Filed June 8, 1956.

-13-

LITTLE PINE TREE CREEK: Kershaw County. That portion of the stream above Wateree
Hill Pond, Class A. Filed January 18, 1957. From Wateree Mill Pond
to Big Pine Tree Creek, Class B. Filed August 7, 1972.

LITTLE RIVER: Abbeville and McCormick Counties. The entire stream tributary to
Clark Hill Reservoir, Class B. Filed March 24, 1955; May 26, 1955 and
August 7, 1972.

LITTLE RIVER: Farifield County. The entire stream tributary to Broad River, Class ,B.
Filed January 21, 1954 and August 7, 1972.

LITTLE RIVER: Laurens and. Newberry Counties. The entire stream tributary to Saluda
River, Class B. Filed October 14, 1955 and August 7, 1972.

LITTLE SALKEHATCHIE RIVER:. Bamberg and. Colleton Counties. The entire stream in B.amnberg
County, Class B. Filed August 7, 1972. The entire stream in Colleton County
tributary to Salkehatchie River, Class A. Filed ovember 5, 1955.

LITTLE SALUDA RIVER: Saluda County. The entire stream tributary to Lake Murray,
Class Bo Filed August 7, 1972.

LITTLE SANDY RIVER: Chester County. The entire stream tributary to Sandy River,
Class Ao Filed January 22, 1959.

LITTLE THICKETTY CREEK: Cherokee County. The entire stream tributary to Thicketty
Creek, Class B. Filed August 7, 1972.

LONG CANE CREEK: Abbevil.le and McCormick Counties. The entire stream tributary to
Clark Hill Reserboir, Class B. Filed March 24, 1955; May 26, 1955 and
August 7, 1972.

LUDLOW BRANCH: McCormick County. The entire stream trfutary to Clark Hill Reservoir,
Class Bo Filed August 7, 1972.

LUMBER RIVER: Marion, Dillon and Horry Counties. The entire stream tributary to
Little Pee Dee River, Class A. Filed June 8, 1956.

-LYtNCHES LAKE: Florence and Williamsburg Counties. See Lake Swamp in (Florence and
Williamsburg Counties).

LYNCHES RIVER: Chesterfield, Lee, Lancaster, Kershaw, Darlington, Sumter and Florence
Counties. The entire stream tributary to Pee Dee River, Class B. Filed
July 12, 1963 and August 7, 1972.

MAD DOG BRANCH: Pickens County. The entire stream tributary to Georges Creek, Class B,
Filed June 28, 1954.

MAPLE CREEK: Spartanburg County. The entire stream tributary to South Tyger River,
Class B. Filed August 7, 1972.

MAPLE SWAMP: Dillon County. The entire stream tributary to Little Pee Dee River,
Class B (swanm). Filed August 7, 1972.

- 14-

MARTIN CREEK: Oconee County. The entire stream tributary to Hartwell Reservoir,
Class B. Filed August 7, 1972.

MAY RIVER: Beaufort County. The entire stream tributary to Calibogue Sound, Class
SA. Filed November 5, 1955.

MEINGS CREEK (also called Meng Creek): Union County. The entire stream tributary to
Broad River, Class B. Filed February 24, 1953 and August 7, 1972.

MIDDLE TYGER RIVER: Spartanburg and Greenville Counties. The entire stream tributary
to North Tyger River, Class B. Filed August 7, 1972.

MILL BRANCH: Orangeburg County. The entire stream tributary to North Fork Edisto
River, Class B. Filed February 16, 1956.

MILL CREEK: Cherokee County. The entire stream tributary to Limestone Creek, Class
B. FilediAugust 7, 1972.

MILL CREEK: Fairfield County. Headwaters to Winnsboro:intake, Class A. Filed April
8, 1968. 'From Winnsboro intake to Little River, Class B--FTled August 7,
1972.

MILL CREEK: Richland County. The entire stream tributary to Congaree River, Class A.
Filed February 17, 1954.

MILL CREEK: Spartanburg County. The entire stream tributary to Enoree River, Class B.
Filed August 7, 1972.

MILL CREEK: Sumter County. The entire stream tributary to Lake Marion, Class A.
Filed January 24, 1972.

MINE CREEK: Saluda County. The entire stream tributary to Little Saluda River,
Class B. Filed October 14, 1955.

MITCHEL CREEK: Union County. The entire stream tributary to Feirforest Creek,
Class Bo Filed August 7, 1972.

MORGAN RIVER: Beaufort County. The entire stream tributary to St. Helena Sound,
Class SA. Filed November 5, 1955.

MUD CREEK: Jasper County. The entire stream between Savannah River and Wright River,
Class SB. Filed. March 15, 1968.

MUDDY CREEK: Williamsburg and Florence Counties. The entire stream tributary to Clarks
Creek, Class B {swamp). Filed August 7, 1972.

MURRELLS INLET: Georgetown County. The entire inlet tributary to Atlantic Ocean,
Class SA. Filed March 15, 1968.

MCALPINE CREEK: Lancaster County. The entire stream tributary to Sugar Creek,
Class B. Filed August 7, 1972.

MCCORD CREEK: Abbeville County. The entire stream tributary to Long Cane Creek,
Class B. Filed March 24, 1955. -

MCINTOSH MILL STREAM: Darlington County, The entire-stream tributary to Black Creek,
Class A. Filed August 7, 1972.
NAKED CREEK: Marlboro County., The entire stream tributary to Pee Dee River,
Class A. Filed June 8, 1956.

NEW CHEHAW RIVER: Colleton County. The entire stream tributary to St. Helena Sound,
Class SA. Filed March 15, 1968.

NEWMAN SWAMP: Darlington County. The entire stream wtributary to.Sparrow Swamp,
Class B (swamp). Filed August 7, 1972.

NEW RIVER: Beaufort and Jasper Counties. The entire stream tributary to Atlantic
Ocean, Class SB. Filed November 5, 1955.
NINETY SIX CREEK: Greenwood County. The entire stream tributary to Wilsbn Creek,
Class B, Filed October 5, 1953 and August 7, 1972.

NORRIS CREEK: Abbeville County. The entire stream tributary to Long Cane Creek, -
Class B. Filed August 7, 1972.

NORTH FORK CHATOOGA RIVER: Oconee ufnty. From North Carolina State Line to its
junction with South Fork Chatooga River, Class A. Filed March 15, 1968.

NORTH FORK EDISTO RIVER: Orangeburg, Lexingtonand Aiken Counties. From its headwaters
- to-the Orangeburg discharge, Class A. Filed July 13, 1956. From the Orangeburg -
discharge to Edisto River, Class B. Filed August 7, 1972.

NORTH EDISTO: Charleston County. The entire stream tributary to Atlantic Ocean,
Class SAo Filed February 16, 1956,

NORTH PACOLET RIVER: Spartanburg County. The entire stream tributary to Pacolet
River, Class B. Filed August 7, 1972.

NORTH SALUDA RIVER: Greenville County. That portion from its headwaters to S.C. 42,
Class AA. Filed September 26, 1956. From S.C. 42 to Saluda River, Class B.
Filed December 9, 1968.

NORTH SANTEE RIVER: Georgetown County. That fresh water portion of the stream,
Class B. Filed August 7, 1972. From U.S. 17 to 1000 feet below the
Intracoastal Waterway, Class SB. From that point to the Atlantic Ocean,
Class SA. Filed February 15, 962.

NORTH TYGER RIVER: Spartanburg County. The entire stream tributary to Tyger River,
Class B. Filed August 7, 1972.

OLD CHEHAW RIVER: Colleton County. The entire stream tributary to Combahee River,
Class SAo Filed March 15, 1968.

- 16 J

OLIVE BRANCH: Lexington County. The entire stream tributary to Duncan Creek,
Class B. Filed August 7, 1972.

PACOLET RIVER: Spartanburg, Union and Cherokee Counties. The entire stream tributary
to Broad River, Class B. Filed January 26, 1972 and August 7, 1972.

PANTHER CREEK: Marlboro County. The entire stream tributary to Beaverdam Creek,
Class B. Filed June 8, 1956.

PARK CREEK: Abbeville County. The entire stream tributary to Little Pee Dee River,
Class B. Filed August 7, 1972.

PEE DEE RIVER: Chesterfield, Dillon, Marlboro, Darlington and Florence Counties.
The entire stream tributary to Winyah Bay, Class B. Filed May 26, T953
and August 7, 1972.

PEOPLES CREEK (also known as Gaffney Creek and Town Creek): Cherokee County. The
entire stream tributary to Broad River, Class B. Filed August 7, 1972.

PLEASANT MEADOW SWAMP- Horry County. The entire stream tributary to Lake Swamp,
Class B (swamp). Filed August 7, 1972.

POCOTALIGO RIVER: Sumter and Clarendon Counties. The entitre stream tributary to
Black River, Class B (swamp). Filed June 8, 1956.

POLK SWAMP: Dorchester and Orangeburg Counties. The entire stream tributary to
Edisto River, Class B (swamp). Filed February 16, 1956.

PORT ROYAL SOUND: Beaufort County. The entire sound tributary to Atlantic Ocean,
Class SA. Filed November 5, 1955.

PROVIDENCE CREEK: Cherokee County. That portion of the stream below County Road 793
to Cherokee Creek, Class B. Filed January 24, 1964.

PYE BRANCH: Florence County. The entire stream tributary to Jeffries Creek, Class B.
Filed August 7, 1972,

RABON CREEK: Laurens County. The entire stream tributary to Lake Greenwood, Class B.
Filed March 31, 1954.

RAMSEY CREEK (Hemedy Creek): Oconee County. See Hemedy Creek in (Oconee County).

RAMSHORN CREEK: Beaufort County. The entire stream between New River and Cooper River,
Class SA. Filed November 5, 1955.

R$) BAiK CREEK: Lexington County. The entire stream tributary to Congaree Creek,
Class A. Filed October 14, 1955.

RED BANK CREEK: Saluda County. The entire stream tributary to Mine Creek, Class B.
Filed October 14, 1955 and August 7, 1972'.'

- 17-

REEDY FORK BRANCH: Laurens County. The entire stream tributary to Little River,
Class Bo Filed March 31, 1954 and August 7, 1972.

REEDY RIVER: Greenville and Laurens Counties. The entire stream tributary to Lake
Greenwood, Class B.o Filed August 7, 1972.

RICES CREEK: Pickens County. The entire stream tributary to Twelve Mile Creek,
Class 6, Filed August 7, 1972.

RICHARDSON BRANCH: Allendale County. The entire stream tributary to Coosawhatchie
River, Class Bo Filed August 7, 1972.

ROCKY CREEK (Cedar Creek Lake): Chester, Fairfield and Lancaster Counties. The
entire lake on Catawba River, Class A. Filed September 7, 1971.

ROCKY CREEK (also called Rock Creek): Greenwood County. The entire stream tributary
to Coronaca Creek, Class B. Filed August 7, 1972.

ROCKY CREEK: McCormick County. The entire stream tributary to Hard Labor Creek, -
Class B. Filed May 26, 1955 and August 7, 1972.

ROCKY RIVER: Anderson and Abbeville Counties. The entire stream tributary to Savannah
River, Class B 8 Filed January 27, 1956 and August 7, 1972.

ROSEMARY CREEK: Barnwell County. The entire stream tributary to Salkehatchie River,
Class Bo Filed August 7, 1972.

SAINT HELENA SOUND: Beaufort and Colleton Counties. The entire sound tributary to
Atlantic Ocean, Class SA. Filed March 15, 1968.
SALKEHATCHIE-COMBAHEE RIVER: Barnwell, Bamberg, Allenda e, Colleton, Hampton and
Beaufort Counties. From headwaters to salt water intrusion, Class A. From
salt water intrusion to Sto Helena Sound, Class SA. Filed November 5, 1955.

SALT WATER CREEK (Fields Cut): Jasper County. See Fields Cut in (Jasper County).

SALUDA RIVER (Main Stem): Greenville, Pickens, Anderson, Abbeville, Laurens, Greenwood,.
Newberry, Saluda, Lexington and Richland Counties. The entire stream
tributary to Congaree River, Class B. Filed October 5, 1953 and October 14,
1954.

SALUDA LAKE: Greenville County. The entire lake on Saluda River, Class A. Filed
January 24, 1972.

SAMPIT RIVER: Georgetown County. From the headwaters to salt water intrusion, Class B
(swamp). Filed August 7, 1972. From salt water intrusion to Winyah Bay, -
assCo Filed June 8, 1956e

SAND CREEK: Fairfield County. The entire stream tributary to Jackson Creek, Class A.
Filed April 8, 1968.

SAND CREEK: Laurens County. The entire stream tributary to Duncan Creek, Class B. -
Filed August 7, 1972.

SANDERS CREEK: Kershaw County. The entire stream tributary to-Wateree River,
Class A. Filed January 18, 1957.

SANDERS BRANCH: Hampton County. The entire stream tributary to Coosawhatchie
River, Class B (swamp)... Filed August 7, 1972.

SANDY RIVER: Chester County. From its headwaters through the Chester Reservoir,
Class A . Filed January 22, 1.959. From the Chester .rReservoir to a point
TOO yards above Beart Creek, Class B. Filed August 7, 1972. From this point
to Broad River, Class A. Filed January 22, 1959.

SANTEE RIVER (North A South): Berkeley, Charleston old Georgetown Counties. See
North Santee River and Soth Santee River in (Berkeley, Charleston and
Georgetown Counties).

SANTEE RIVER: Clarendon, Berkeley, Williamsburg and Georgetown Counties. That
portion of the stream below Lake Marion to the North and South Santee
Rivers, Class B. Filed August 7, 1972.

SANTEE RIVER: Calhoun and Sumter Counties. From junction 6f Congaree and Wateree
Rivers to Lake Marion, Class A. Filed March 15, 1968.

SAVANNAH CREEK: ,Bamberg and Colleton Counties. The entire-stream tributary to
Salkehatchie River, Class B. Filed August 7, 1972.

SAVANNAH RIVER: Abbeville, Allendale, Anderson, McCormick, Edgefield, Barnwell, Hampton,
Aiken and Jasper Counties. From Lake Hartwell through Clark Hill Lake, Class
A. Filed March 15, 1968. From Clark Hill Dam to Ft. Pulaski, Class B. F1ied
%arch 15, 1968 and August 7, 1972. From Ft. Pulaski to Atlantic Ocean, Class A.
Filed March 15, 1968,

SAWMILL BRANCH: Dorchester and Berkeley Counties. The entire stream tributary to
Dorchester Creek, Class B. Filed August 7, 1972.

SAWNEY CREEK: Abbeville and McCormick Counties. The entire stream tributary to
Little River, Class B. Filed August 7, 1972.

SAWNEYS CREEK: Fairfield and Kershaw Counties. The entire stream tributary to Wateree
River, Class B. Filed August 7, 1972.

SCHEWBOUGH BRANCH (also called Skeebo Branch): Horry County. The entire stream
tributary to the North Carolina Line, Class B (swamp). Filed August 7, 1972.

SCOTT CREEK: Newberry County. The entire stream tributary to Bush River, Class B.
Filed August 7, 1972-

SCOUTER CREEK: Lexington County. The entire stream tributary to Congaree Creek,
Class A. Filed October 14, 1955.

SECOND CREEK: Lexington County. The entire stream tributary to First Creek, Class A.
Filed October 14, 1955.

-19

SHANKLIN CREEK: Anderson County. The.entire stream. tributary to.Three and Twenty
Mile Creek, Class B. Filed August 7, 1972.

SHAVER CREEK (also called Cheves Creek): Edgefield.County..... From its headwaters to
Georgia and Florida.Ratlroad, Class A. From the Rail.road to its junction -
with Stevens.Creek,.Class B. Flted July 7, 1955.

SHAW CREEK: Aiken and Edgefield Counties. The entire stream tributary to South
Fork Edisto River,.Class. A...Filed July 7., 1955 and February 16, 1956.

SHELL CREEK. Laurens County ..The entire stream tributary to Bush River, Class B.
'Fil ed August 7, 1972.

SHEM CREEK- Charleston County. The..entire stream tributary to Charleston Harbor,
Class SC. Filed March 15, 1968.

SILVER BROOK CREEK: Anderson County. See Cemetery Creek in (Anderson County).

SIX MILE CREEK: Lexington.County. The entire stream tributary to.Congaree Creek,
Class B. Filed August 7, 1972.

SKEEBO BRANCH: Horry County. See Schewbough Branch in (Horry County).

SMITH BRANCH: Richland County. The entire stream tributary to Broad River,
Class B. Filed August 7, 1972 -

SOUTH EDISTO RIVER: Charleston and Colleton Counties. The entire stream tributary
to Atlantic Ocean, Class SA ..Filed February 16, 1956.

-UtlTH FORK EDISTO: Edgefiel.d, Aiken, .Barnwell, Orangeburg and -Bamberg Counties.
That portion from its headwaters to U.S. 1, Class B.. .From U.S. 1 to 3/4
mile above SOCoL. Railroad, Class A. Filed July 13, 1956. From 3/4 mile '
above the Railroad to its junction with North Fork Edisto River, Class B.
Filed January 20, 1960.

SOUTH PACOLET RIVER: Spartanburg County. The entire stream tributary to Pacolet
River, Class B. Filed April 7, 1953.

SOUTH SALUDA RIVER: Greenville County. That portion from its headwaters through
Table Rock Cove, Class AA. From the Cove to the junction with North
Saluda River, Class B. Filed April 17, 1953.

SOUTH SANTEE RIVER: Georgetown, Berkeley and Charleston Counties. That fresh water
portion, Class B. Filed August 7, 1972. From U.S. 17 to 1000 feet below
the Intracoastal. Waterway, Class SB. From that point to the Atlantic Ocean,
Class SA. Filed February 1, 196.

SOUTH TYGER RIVER: Spartanburg and Greenville Counties. The entire.stream tributary
to Tyger River, Class B. Filed April 7, 1953 and August 7, 1972.

SPAIN CREEK: Greenville County. The entire stream tributary to Saluda River, Class B.
Filed August 7, 1972.

- 20 -

SPARROW SWAMP: Lee, Darlington. and.Florence Counti.es... The enti.re.stream tributary
to Lynches River, Class B ..swamp). Filed August 7, 1972.
STEEL CREEK: York County. The entire stream tributary to Sug&r Creek, Class B.
- -Filed August 7, 1972.
STEVENS CREEK: McCormick.and Edgefield. Counties.. The.entire stream tributary to
Savannah River,.Class.B.. Filed August 7, 1972.
STITT BRANCH: Fairfield County. The entire stream tributary to.Jackson Creek, Class As
Filed April 8, 1968.
STONO RIVER: Charleston County. That portion extending eastward to S.C.L. Railroad.
bridge, Class SA. From the S.C.L. bridge to Abbapoola Creek, Class SC.
From Abbapoola Creek to Folly River, C.ass SA. Filed March 15, 1968.
STUART CREEK: Fairfield County. The entire stream tributary to Jackson Creek,
*- - Class B-.. Filed January 21, 1954 and August 7, 1972.
SUGAR CREEK: York and Lancaster Counties. The entire stream tributary to Catawba
.River, Class B. Filed August 7, 1972.
SUMMERHOUSE BRANCH (Bartons Swamp and Johnsons Swamp): Williamsburg and Georgetown
Counties. See Bartons StFamp and Johnsons Swamp in (Williamsburg and
Georgetown Counties).
SWAMP (near North, S.C.): Orangeburg County. The entire stream tributary to North
Fork Edisto River,.Class B (swamp). Filed August 7, 1972.
SWEETWATER BRANCH: Edgefield County. The entire stream tributary to Stevens Creek,
Class A. Filed December 12, 1966.
SWIFT CREEK: Kershaw and Sumter Counties. The entire stream tributary to Wateree
River, Class A. Filed January 18, 1957.
TAILRACE CANAL: Berkeley County. From Lake Moultrie power plant to Moncks Corner,
Class A. Filed March 15, 1968.
THICKETTY CREEK: Cherokee County. That portion of the stream below the Cowpens
discharge tributary to Broad River, Class B.. Filed August 7, 1972.
THOMPSON CREEK: Chesterfield County. The entire stream tributary to Pee Dee River,
Class B. Filed June 8, 1956 and August 7, 1972.
THREE CREEKS: Marlboro County County. The entire stream tributary to Pee Dee River,
Class A. Filed June 8, 1956.
TIMOUTHY CREEK: Newberry County. The entire stream tributary to Bush River, Class B.
Filed August 7, 1972.
TINKER CREEK: Union County. The entire stream tributary to Tyger River, Class B.
Filed August 7, 1972.

- 21 -

TINKERS CREEK: Chester County. The entire stream tributary to Fishing Creek,
Class A. Filed January 22, 1959.

TOBY CREEK:- Barnwell County. The entire stream tributary to Salkehatchie River,
Class B. Filed August 7, 1972.

TODDS BRANCH: Lancaster County. The entire stream tributary to.Little Lynches River,
Class B. Filed August 7, 1972.

TOMS.CREEK: Lexington County. The entire stream tributary to Congaree River,
Class A. Filed October 14, 1955.

TOWN CREEK: Cherokee County. See Peoples Creek in (Cherokee County).

TOWN CREEK: Kershaw County. The enti.re stream tributary to Wateree.River, Class B. .
Filed August 7, 1972.

TOWN CREEK: Pickens County. The entire stream tributary to TwelJ.ve Mile Creek,
Class B. Filed June 28, 1954 and August 7, 1972.

TRENCHARDS INLET: Beaufort County. The entire inlet tributary to Atlantic Ocean,
Class SA. Filed November 5, 1955.

TUGALOO RIVER: Oconee County. From Tugaloo Dam to Lake Hartwell, Class A. Filed
March 15, 1968.

TURKEY CREEK: Barnwell County. That portion through Fuller Park, Class A. Filed
Nobember 5, 1955. From Fuller Park to Salkehatchde'River, Class B. Filed
August 7, 1972.

TURKEY CREEK: Chester and York Counties. The entire stream.tributary to Broad
River, Class B. Filed Nobember 3, 1953 and August 7, 1972.

TURKEY CREEK: Edgefield and McCormick Counties. The entire stream tributary to
Stevens Creek, Class B. Filed July 7, 1955 and August 7, 1972.

TURKEY CREEK. Greenwood County. The entire stream tributary to Saluda River,
Class B. Filed August 7, 1972.

TURKEY CREEK: Lancaster County. The entire stream tributary to Cane Creek, Class B.
Filed Nobember 24, 1953 and August 7, 1972.

TWELVE MILE CREEK: Lexington County. That portion from its headwaters to S.C. 6,
Class A. Filed October 14, 1955. From S.C. 6 to Saluda River, Class B.
Filed August 7, 1972.

TWELVE MILE CREEK: Pickens County. The entire stream tributary to Lake Hartwell,
Class B. Filed October 14, 1955.

TWENTY-FIVE MILE CREEK: Kershaw County. The entire stream tributary to Wateree
Rtver, Class A. Filed January 18, 1957.

- 22 -

TWENTY-SIX MILE CREEK: Anderson County. The entire stream tributary to Lake
Hartwell, Class B. Filed June 29, 1953.

TWENTY-THREE MILE CREEK: Anderson County. The entire stream tributary to Lake
Hartwell, Class B. Filed June 29, 1953 and August 7, 1972.

TYGER RIVER (Main Stream): Spartanburg, Union and Newberry Counties. The entire
stream tributary to Broad River, Class B. Filed August 7, 1972.

UNNAMED CREEK: Greenville County. The Unnamed Creek which enters Reedy-River
...on the west bank 1.1/4 miles below Conestee Lake, .C.lass B. Filed
August 7, 1972.

UNNAMED CREEK: Greenville County. See Langston Creek in (Greenville County).

UNNAMEO CREEK: Oconee County. Which enters Little River at Newry., Class B. Filed
May 24, 1954.

UNNAMED CREEK: Union County. Which originates in Jonesville and flows north-northeast
to Mill Creek, Class B. Filed August 7, 1972.

VAUGHN'S CREEK: Greenville County. The entire stream tributary to Lake Lanier,
*- .Class AA. Filed April 7, 1953.

WACCAMAW RIVER: Horry and Georgetown Counties. That portion from headwaters to
Conway discharge, Class A (swamp). Filed June 8, 1956. From the Conway
dischdarge to Winyah Bay, Class A. Filed March 15, 1968,

WADMALAW RIVER: Charleston County. The entire stream tributary to North Edisto
River, Class SA. Filed March 15, 1968.

WADMALAW SOUND: Charleston County. The entire sound tri.butary .to Wadmalaw River,
Class SA. Filed March 15, 1968.

WALKER BRANCH: Fairfield County. The entire stream tributary to Dutchmans Creek,
Class B. Filed August 7, 1972.

WANDO RIVER: Charleston and Berkeley Counties. The entire stream tributary to
Cooper River at Charleston Harbor, Class SBo Filed March 15, 1968.

WAPPOO CREEK: Charleston County. The entire stream tributary to Enoree River,
Class B. Filed August 7, 1972.

WARRIOR CREEK: Laurens County. The entire stream tributary to Enoree River,
Class B. Filed August 7, 1972.

WATEREE LAKE: Fairfield, Kershaw and Lancaster-Counties. The entire lake on Catawba-
Wateree River, Class A. Filed September 7, 1972.

WATTS MILL BRANCH. Laurens County. The entire stream tributary to Little River,
Class B. Filed August 7, 1972,

- 23 -

WEST FORK (also called Little Fork Creek): Chesterfield County. The entire stream
tributary to East Fork or Fork Creek, Class B. Filed August 7, 1972.

WHALE BRANCH: Beaufort County. The entire stream between Broad River and Coosaw
River, Class SA. Filed Nobember 5, 1955o
WHITE OAK CREEK: Kershaw County. The entire stream tributary to Wateree Lake, Class A.
Filed January 18, 1957.

WHITE OAK CREEK: Marion County. The entire stream tributary to Pee Dee River Swamp,
Class B (swamp). Filed August 7, 1972.

WHITNER CREEK: Anderson County. The entire stream tributary to Big Generostee
Creek, Class B, Filed August 7, 1972.

WILDCAT CREEK: Richland County. The entire stream tributary to Gills Creek,
Class A, Filed February 17, 1954.

WILDCAT CREEK: York County. The entire stream tributary to Fishing Creek, Class B.
Filed August 7, 1972.

WILKERSON CREEK: Aiken County. From its headwaters to the Aiken discharge, Class A.
Filed November 25, 1957. From the Aiken discharge to Horse. Creek, la'ss-T.
Filed August 7, 1972.

WILSON CREEK: Anderson and Abbeville Counties. The entire stream-tributary to Rocky
River, Class B. Filed August 7, 1972.

JILSON CREEK: Greenville County. The entire stream tributary to Durbin Creek, Class ,
Filed August 7, 1972.

WILSON CREEK: Greenwood County. The entire stream tributary to Saluda River, Class B.
Filed August 7, 1972.

WINDY HILL CREEK: Barnwell and Bamberg Counties. The entire stream tributary to
South Fork Edisto River, Class B. Filed February 16, 1956.

WINYAH BAY: Georgetown County. The entire bay tributary to Atlantic Ocean, Class SC
Filed June 8, 1956o

WOLF CREEK: Pickens County. The entire stream tributary to Twelve Mile Creek,
Class B. Filed August 7, 1972.

WRIGHT RIVER: Jasper County. The entire-stream tributary to Atlantic Ocean, Class SB.
Filed November 5, 1955.

ZEKIAL CREEK: Cherokee County. From headwaters to its intersection with S.C. Highway
#110, Class B. Filed March 8, 1966.

- 24 -

APPENDIX IV

1. Joint Agreement Between EPA and NOAA

2. Federal Activities Guidance

F-

7 JOINT AGREEMENT
r

OCZM/EPA Water Programs Coordination Principles

The purpose of this joint letter is to emphasize the intent of both
the Environmental Protection Agency and NOAA's Office of Coastal Zone
Management to bring about close coordination between coastal zone
management (CZM) and EPA's water quality programs. The first step in
achieving such coordination is to assure that the policy directions
and planning efforts of these programs are compatible and work to
complement and reinforce one another. This letter provides guidance
on how to facilitate such coordination; we strongly encourage our
respective regional, state and areawide agencies to respond actively
to its spirit and content.

in addition to the legislative mandate for program coordination, there
are practical reasons why coordination is critical. Both the Federal
Water Pollution Control Act and the Coastal Zone Management Act involve
extensive planning and implementation efforts and are logically inter-
related, especially in the area of land and water uses. For example,
the control of nonpoint sources of pollution forms an important element
of Section 208 areawide waste treatment management and could involve
performance standards for certain uses in coastal areas where a nonpoint
source is a significant contributor to water pollution. At the same time,
a coastal zone management program involves such tasks as identifying
areas of particular management concern, defining permissible land
and water uses for the coastal region, and developing priorities of
use within particular areas.

Program Status

Most states have completed their first year of CZM program development;
many states will be seeking approval of their programs within a year
to eighteen months. Concurrently, a wide range of EPA water planning,
- ~~~~regulatory, and construction activities are either beginning (e.g. 208
areawide waste treatment management planning), or are in progress (e.g.
basin planning, 201 wastewater treatment facilities, and the NPDES permit
- ~~~~system). Thus it is essential that specific coordination procedures be
implemented immediately if needed integration is to be achieved.

Future Steps

State CZM programs are directed by Section 307(f) of the Coastal Zone
Management Act to insure that water quality standards and effluent
- ~~~~limitations are incorporated in their programs and that these regulations
are not violated by any of the programs' procedural or substantive pro-
visions. This basic requirement can only be fulfilled by close and
continuing consultation with water programs at the state and substate
- ~~~~levels of government during program development and implementation, and
by integrating water quality considerations into the process of designating
permissible and priority uses. Water quality agencies must also recognize

-2-

that their planning construction and management activities should be
carried out in close cooperation with CZM programs and that they must
be consistent with approved CZM programs which are consonant with water
quality standards.

The following statements are designed to achieve the consultation needed
during the planning phase of program development. They represent the
joint OCZM and EPA position on coordination procedures:

1. CZM agencies should make a special effort to coordinate
with basin and 208 areawide waste treatment management
programs in the coastal zone and vice versa. This is to
be encouraged particularly in the case of the 208 program
because CZM policies can provide input to the 208 planning
process for regulation of construction activities, develop-
ment of land use policies, and identification of no
discharge areas. Conversely, if 208 plans are closely
coordinated with CZM plans, they can provide significant
additional detail for defining permissible land and water
uses and incorporating water quality concerns into the
developing CZM program. CZM plans and pqlicies should
also take account of other EPA activities in progress.
For example, CM plans should be coordinated with facili-
ties planning for wastewater treatment facilities,
especially where no 208 designations have been made.

2. Compatibility of assumptions, technical criteria, and
data use and analysis is strongly encouraged. While there
will be variation in approach in many cases it will be
possible to integrate elements of the work plans so that
the work can be done jointly and tasks can be divided
either functionally or geographically.

3. Participation on advisory, review, and working groups
established pursuant to CZM and water quality programs
should be afforded to the appropriate agencies. It is
essential that this take place at the state level and
whenever feasible, at the substate level.

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Guidance for Participation in the Development and Review of State
Coastal Zone Management Programs (CZMP's)

I. Participation in the Development of CZMP's

It is extremely important that the EPA Regional personnel
participate to the maximum extent practicable in the early deve-
lopment of CZMP's. Early participation provides the most effective
means to insure that our programs and concerns are adequately
reflected in the CZMP. In addition, early participation should
provide the CZM agency with maximum opportunities to utilize EPA
information and data in the CZMP and thus to help develop the best
possible CZMP. Our reviews of proposed CZMP's and associated
environmental impact statements will be greatly facilitated by
early and continuing participation in program development.

II. Nature of the Review

After CZMP's are developed, in draft form, EPA will be
given the opportunity to review simultaneously the proposed CZMP's
and the associated draft EIS's prior to approval by the Secretary
of Commerce.

In addition to our general review requirements under NEPA
and Section 309 of the CAA, specific requirements are placed on
EPA by Section 307(f) of the CZMA, as follows:

(f) Notwithstanding any other provision of this
title, nothing in this title shall in any way affect
any requirement (1) established by the Federal Water
Pollution Control Act, as amended, or the Clean Air
Act, as amended, or (2) established by the Federal
Government or by any State or local government pursuant
to such Acts. Such requirements shall be incorporated
in any program developed pursuant to this title and
shall be the water pollution control and air pollution
control requirements applicable to such program.

The implementating regulations (15 CFR Part 923.44(a)) ac-
complish these requirements through requiring documentation by
responsible State air and water pollution control officials that
air and water pollution requirements have been incorporated into
the body of the CZMP. In addition, we have interpreted the EPA
role in the review of CZMP's and their associated EIS's as being
one of quasi-certification. Our failure to object to a CZMP which
is inconsistent with the applicable State air and water requirements
would be inconsistent with the intent of the CZMA.

Meeting the requirements of Section 307(f) will call for a
thorough interdisciplinary coordinated review by EPA involving air,
water, enforcement and other interested program elements.

Importance of Review

EPA's review of the CZMP as well as the EIS is extremely
important. The CZM program can provide significant opportunities
for environmental protection in an area where growth and environ-
mental resources are particularly critical. Further, implementation
of the CZMP will place constraints on EPA's permits, construction
grants, standard setting, and other future activities which will be
required to be consistent with the CZMP. The position that we have
been taking with NOAA is that these constraints will normally control
our activities unless the Administrator of EPA determines that certain
activities (such as issuance of a particular grant or permit) are
necessary to meet air and water requirements and there is no feasible
alternative. We interpret the CZMP requirements as minimum require-
ments to be met; more stringent requirements may be set to protect
the environment without special approval of the CZM agency.

III. Suggestions for Becomming Oriented to CZMF's and Items
of Concern to EPA in CZMP Development and Review

The following guidance is intended to be of assistance in both
participating in the development and in the review of CZMP's. As pointed
out above, early participation is of utmost importance and the consider-
ations outlined below should be helpful in raising the issues which
EPA believes are important as CZMP's are developed. The regulations
cited are the NOAA program approval regulations.

A. General Suggestions in Review Programs

The following items represent the basic considerations in becoming
oriented to CZM programs.

1. Understand the State's approach - 306(e)(1) CZMA -
This is the key to placing the program in perspective
and outlining the types of controls to be used in
implementing the program. The controls will be
embodied in State legislation which form the basis
of the CZMP. Of particular importance are the State-
local relationships relative to implementation and
enforcement of the CZMP.

2. Understand which agencies are responsible for the
implementation of the CZMP (federal, state, local)

and for the implementation of air and water pollution
control requirements - and how they relate to each
other and to the CZM agency.

3. Understand the criteria for defining permissible land
and water uses - 923.12. - They should be clear and
specific enough to be used in decision making, in
setting priorities and recognize the role or air
and water quality standards in establishing priority
uses such as recreation areas. The complementarity
between land and water uses, such as access to re-
creation water areas, should also be recognized.

4. Understand and make suggestions for improving the
resource capability data the State has.

B. Special Items of Concern to EPA in Reviewing CZMP's

1. Incorporation and implementation of applicable air
and water quality standards, implementation programs
(including Section 208 planning) and emission limita-
tions (including significant deterioration regulations
and air quality maintenance plans). These considera-
tions represent the static or initial consistency
requirements of Section 307(f) of the CZMA. Included
should be:

a. A statement that air and water pollution
requirements are overriding.

b. A positive recognition that certain uses
in the coastal zone are contingent on the
achievement of standards and that the
achievement of standards and desired water
uses is contingent on supporting land uses
and land use controls.

c. Documentation of adequate consultation with
the State agency responsible for air and
water pollution control as well as coordination
at the substate level (e.g. 208 planning agency)
and with EPA where appropriate.

d. Guidance on integrating air and water quality
considerations into land use planning decisions.

2. Incorporation of procedures for continuing participation of
appropriate air and water authorities, including EPA
where necessary, in the implementation of the CZM program
including new sources. These considerations represent
the dynamic consistency requirements of Section 307(f)
of the CZMA. Included should be:

a. A substantive element, defining permissible
land and water uses, including the interrela-
tionships of uses, and setting priorities
for specific areas in the coastal zone.

b. A guidance element, including an explanation of
how the developing air and water planning re-
quirements (208 and 209 planning, Air Quality
Maintenance, Significant Deterioration, Trans-
portation Planning, HUD 701, etc.) will be
integrated into the CZMP. This will be es-
pecially important where land use planning is
undertaken by local units of government under
performance criteria issued by the State or
by administrative review.

c. A regulatory element, including procedures for
regulating permissible land and water uses
and evidence of means for future participation
by agencies responsible for administering
State-local and State-Federal environmental
requirements.

d. A procedural element, requiring the State air
and water pollution control officials to be
involved in the establishment of land and
water uses for specific areas and a means
for resolving conflicts with State air and
water pollution control officials.

3. An adequate consideration of impacts of the CZMP beyond
the coastal zone boundary and of actions beyond the
coastal zone boundary on the CZMP.

a. examples of elements to be considered here include:

cooperative planning efforts with affected
areas.

consistency with environmental standards
and pollution control programs beyond the
boundary, e.g. air quality maintenance plans,
208 plans.

4. An adequate consideration of areas of EPA concern and how
they relate to permissible uses including provision for
solid waste disposal sites, waste treatment plants, ac-
ceptable noise effects in sensitive use areas, water
supply (ground water protection), dredge spoil disposal, etc.

5. An adequate consideration of important conflicts
and processes for their resolution. Examples
include wetlands protection and development
projects, ocean outfalls and beach uses, shell-
fish beds and marine sanitation devices, re-
creation areas and noise effects from transpora-
tion, as well as conflicts between OCS development
and dredged spoil disposal on the conservation
of coastal environments.

6. An identification of priority areas for cleanup
in the coastal zone.

7. Explicit recommendations pertaining to areas and
priorities for future upgrading of air and water
quality standards where land and water uses will
either reinforce this upgrading, for example,
estuarine sanctuaries, or necessitate it to
provide adequate protection.

8. An adequate evaluation of the impact of the program
on the environment, which will be useful in pre-
paring the EIS, outlining of the impact of the
program on air and water quality and other environ-
mental values, including the following:

a. A demonstration that the process for
establishing permissible land uses
includes air and water quality con-
siderations.

b. An after the fact evaluation of how
air and water quality considerations
have influenced the designation of
permissible uses.

c. A substantive evaluation of the effect
of the CZMP on air and water quality,
noise, solid waste, and water supply.