1. A. An Administrative hearing is available, following a timely request, to determine the propriety of:

   1. 1. A classification of a dam or reservoir under the Regulation covering Dam Classifications and Exemptions;
   2. 2. A revocation or denial of a construction permit under the Regulation covering Permitting Procedures and Requirements;
   3. 3. The terms and conditions of a construction permit;
   4. 4. The issuance of an inspection and repair order under the Regulation covering Remedial Measures;
   5. 5. The issuance of a maintenance order under the Regulation covering Remedial Measures;
   6. 6. The imposition of an administrative fine under the Regulation covering Administrative Fines.
2. B. A hearing may be initiated by any owner, provided that a written request is received within thirty (30) days after notice is given to the owner of the adverse action. The contested case hearing will be held before an Administrative Law Judge. Any request for a hearing shall be filed in accordance with S.C. Code of Laws Section 48-6-30.

3. C. Any subsequent judicial review of the order of the Administrative Law Judge shall be allowed in accordance with the South Carolina Administrative Procedures Act and any applicable rules and regulations.

   TABLE I

   SPILLWAY DESIGN FLOOD CRITERIA

   Hazard	Size	Spillway Design Flood (SDF)*
   High	Very Small	100-yr. to 1/2 PMF
   	Small	1/2 PMF to PMF
   	Intermediate	PMF
   	Large	PMF
   Significant	Small	100-yr. to 1/2 PMF
   	Intermediate	1/2 PMF to PMF
   	Large	PMF
   Low	Small	50 to 100-yr. frequency
   	Intermediate	100-yr. to 1/2 PMF
   	Large	1/2 PMF to PMF
   *Note: When appropriate, the spillway design flood may be reduced to the spillway discharge at which dam failure will not significantly increase the downstream hazard which exists just prior to dam failure.

   TABLE II

   ADMINISTRATIVE FINES

   Failure to notify Department within 30 days of ownership transfer:
   High hazard dam (except very small size class)	$200
   High hazard dam (very small size class)	$100
   Significant hazard dam	$100
   Failure to obey written repair order or written emergency repair order
   High hazard dam	$1000
   Significant hazard dam	$500
   Failure to obey written maintenance order:
   High hazard dam	$500
   Significant hazard dam	$250
   Construction of dam without a permit:
   High hazard dam	$500
   Significant hazard dam	$250
   Failure to obey conditions in a permit:
   High hazard dam	$300
   Significant hazard dam	$150
   Failure to provide or update Emergency Action Plan:
   High hazard dam (except very small size class)	$200
   High hazard dam (very small size class)	$100
   Significant hazard dam	$100
   Other violations of Act or Regulations:
   High hazard dam	$100-$1000
   (depending on severity of offense)
   Significant hazard dam	$100-$500
   (depending on severity of offense)

   TABLE III MINIMUM FREQUENCY OF USE EARTH VEGETATED SPILLWAYS

   	Low hazard dam	1 year
   	Significant hazard dam	10 years
   	High hazard dam	25 years

HISTORY: Amended by State Register Volume 5, eff June 5, 1981; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993; State Register Volume 21, Issue No. 7, eff July 25, 1997; SCSR 49-5 Doc. No. 5337, eff May 23, 2025.