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South Carolina Local Compliance

City of Sumter

At AQUALIS, we know Sumter's sustainable water compliance standards and manage regulator relations for our clients.

It is our mission to help you become compliant with these stormwater, wastewater and drinking water regulations through inspections, maintenance, repairs and rehabilitation services. As your water compliance provider, we handle the regulatory guidelines specific to Sumter, South Carolina and ensure that our services meet the highest compliant procedures to keep you in compliance with local regulators.

Last Updated 08/05/2026

Sumter Municipal Code

Article 7: Implementation, Inspection and Maintenance Requirements and Off-Site Damage Correction

Sec. 82-197. - Maintenance.

(a) The city shall provide procedures to ensure that deficiencies indicated by inspections are rectified. The procedures shall include the following:

(1) Notification to the person responsible for maintenance of deficiencies including a time frame for repairs;

(2) Subsequent inspection to ensure completion of repairs; and

(3) Effective enforcement procedures or procedures to refer projects to the commission if repairs are not undertaken or are not done properly.

(b) Construction maintenance. All BMPs and other protective measures identified in the OS-SWPPP must be maintained in effective operating condition. If site inspections required by section 82-196 identify BMPs that are not operating effectively, maintenance must be performed within seven calendar days, before the next inspection, or as reasonably possible, and before the next storm event whenever practicable to maintain the continued effectiveness of stormwater controls. If periodic inspection or other information indicates that a BMP has been used inappropriately, or incorrectly, the permittee must address the necessary replacement or modification required to correct the BMP within a time frame of 48 hours of identification. If existing BMPs need to be modified or if additional BMPs are necessary to comply with the requirements of the permit and/or the state’s water quality standards, implementation must be completed before the next storm event whenever practicable. If implementation before the next storm event is impracticable, the situation must be documented in the OS-SWPPP and alternative BMPs must be implemented as soon as reasonably possible. Sediment from sediment traps or sedimentation basins must be removed as indicated in the OS-SWPPP or when the design capacity has been reduced by 50 percent, whichever occurs first. Sediment collected by silt fences, or another sediment control measure, must be removed when the deposited sediment reaches one-third of the height of the above-ground portion of these BMPs, or before it reaches a lower height based on the manufacturer’s specifications.

(c) Permanent maintenance. Permanent stormwater management structures must be routinely maintained to operate per design. The city requires inclusion of a permanent stormwater management maintenance agreement and a maintenance plan to ensure proper operation. Provide a detailed proposed maintenance plan for permanent stormwater management structures proposed for the project in the narrative. The maintenance agreement and maintenance plan, when required, must be identified and located in the C-SWPPP.

(d) Maintenance agreements. Permanent stormwater management maintenance agreement must meet the following information as a minimum:

(1) Signed notarized agreement from the responsible party or individual accepting ownership and maintenance of each permanent stormwater control device/structure, including any permanent LID and/or proprietary control devices (oil-water separators, etc.), underground detention structures, exfiltration systems and nontraditional stormwater controls (constructed wetlands, bioretention, etc.) incorporated into the construction process.

(2) A generic template of a maintenance agreement may be found at www.scdhec.gov/environment/ocrm/docs/SW/pond_maint.pdf.

(3) This template may be modified to identify each permanent structure for the applicant’s project.

(4) The city must be notified in writing of any changes in maintenance responsibility for the stormwater devices at the site (include this statement in agreement).

(e) Maintenance plans. All maintenance plans must meet the following information as a minimum:

(1) Description of maintenance plan to be used.

(2) Make sure that detailed or manufacturer-specific maintenance procedures are included for any permanent LID and/or proprietary control devices (oil-water separators, etc.), underground detention structures, exfiltration systems and nontraditional stormwater controls (constructed wetlands, bioretention, etc.) incorporated into the construction process.

(3) Identify each maintenance activity (e.g., inspection, mowing, removing debris, etc.) to be completed. Typical maintenance items to be addressed include but not limited to:

a. Grass to be mowed;

b. Trees to be removed from within the pond and on the embankment;

c. Trash and sediment to be removed from inside of and around the pond outlet structure;

d. Orifices to be cleaned and unclogged;

e. Outlet pipe to be cleaned, inspected, and repaired;

f. Sediment accumulation to be removed from pond;

g. Pond bottom to be regraded to provide proper drainage towards the outlet discharge point;

h. Energy dissipator to be cleaned and repaired;

i. Emergency spillway, if applicable, to be inspected and repaired; and

j. Erosion on side slopes, if present, to be addressed.

(4) Schedule or frequency for completing each maintenance activity of maintenance procedures (e.g., every six months).

(f) Secondary permittee common BMP maintenance requirement. It shall be the responsibility of the secondary permittee to either maintain or coordinate the maintenance of any common stormwater BMPs, accepting stormwater discharges from any area associated with their work, with the primary permittee or the party responsible for permanent maintenance.

ARTICLE X. - ADMINISTRATION AND ENFORCEMENT

Sec. 82-272. - Enforcement.

(a) Failure of the contractor of the person engaged in the land disturbing activity to comply with commission requirements may result in the following actions in addition to other penalties as provided in chapter 14 of title 48 of the S.C. Code 1976, as amended.

(1) The commission shall have the power to request the implementing agency to order any person violating any provisions of said chapter 14 and/or these regulations to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order.

(2) The commission may request that the appropriate plan approval agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.

(3) The commission may recommend fines to be levied by the implementing agency.

(b) The city may utilize stop work orders as a part of its inspection and enforcement program in accordance with the following procedures:

(1) The implementing agency may issue a stop work order if it is found that a land disturbing activity is being conducted in violation of this article or of any regulation adopted or order issued pursuant to, in connection with or otherwise related to this article, that the violation is knowing and willful, and that either:

a. Off-site sedimentation resulting from noncompliance with the approved stormwater management and sediment control plan has eliminated or severely degraded a use in a lake or natural waterway or that such degradation is imminent.

b. Off-site sedimentation resulting from noncompliance with the approved stormwater management and sediment control plan has caused severe damage to adjacent land.

c. Off-site tracking of sediment from land disturbing activities into roadways has created a hazard.

d. The land disturbing activity which requires an approved plan under this article and is being conducted without the required approved plan.

e. Sediment leaving a site is entering a common stormwater control/conveyance device and is restricting design capacity flow.

(2) The stop work order shall be in writing and shall state what work is to be stopped and/or what measures are required to abate the violation. The order shall include a statement of the findings made by the implementing agency pursuant to subsection (1) of this section and shall list the conditions under which work that has been stopped by the order may be resumed. The delivery of equipment and materials which does not contribute to the violation may continue while the stop work order is in effect. A copy of this section shall be attached to the order.

(3) The stop work order shall be served by the city police chief, any of his officers, city codes enforcement officers, or by some other person duly authorized by law to serve process, and shall be served on the person at the site of the land disturbing activity who is in operational control of the land disturbing activity. The police chief or other person duly authorized by law to serve process shall post a copy of the stop work order in a conspicuous place at the site of the land disturbing activity. The implementing agency shall also deliver a copy of the stop work order to any person that the implementing agency has reason to believe may be responsible for the violation.

(4) The directives of the stop work order become effective upon service of the order. Thereafter, any person notified of the stop work order who violates any of the directives set out in the order may be assessed a civil penalty as provided in section 82-273. A stop work order issued pursuant to this section may be issued for a period not to exceed three calendar days.

(5) The implementing agency shall designate an employee to monitor compliance with the stop work order. The name of the employee so designated shall be included on the stop work order. The employee so designated shall rescind the stop work order if all the violations for which the stop work order are issued are corrected, no other violations have occurred, and all measures necessary to abate the violations have been taken. The implementing agency shall rescind a stop work order that is issued in error.

(6) The issuance of a stop work order shall be a final agency decision subject to judicial review in the same manner as an order in a contested case pursuant to title 1, chapter 23, section 380 of the S.C. Code 1976. The petition for judicial review shall be filed in the circuit court of the county in which the land disturbing activity is being conducted.

ARTICLE XII. - STORMWATER UTILITY

Sec. 82-335. - Requirements for on-site stormwater systems; enforcement methods and inspection.

(a) All property owners and developers of real property to be developed within the city shall provide, manage, maintain, and operate on-site stormwater systems and facilities sufficient to collect, convey, detain, control, and discharge stormwater in a safe manner consistent with all city development regulations and the laws of the state and the United States of America. Any failure to meet this obligation shall constitute a nuisance if the owner fails to properly abate within such reasonable time as allowed by the court, the city may enter upon the property and cause such work as is reasonably necessary to be performed, with the actual cost thereof charged to the owner in the same manner as a stormwater service charge.

(b) The city shall have the right, pursuant to the authority of this article, for its designated officers and employees to enter upon private and public property owned by other than the city, upon reasonable notice to the owner thereof, to inspect the property and conduct surveys and engineering tests thereon in order to ensure compliance with this article.

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Frequently Asked Questions

The property owner is responsible for maintaining all on-site stormwater control facilities and open space areas, such as parks or green areas, required by the approved stormwater control plan. Sumter is the permitting authority for all land disturbing activities, and construction permits are only issued to projects that establish a plan for managing runoff during construction, a responsibility that carries into post construction stormwater regulations as well.

Yes. Permanent stormwater management structures must be routinely maintained to operate as designed, and the city requires both a Permanent Stormwater Management Maintenance Agreement and a detailed Maintenance Plan. These need to be identified and located within your site’s construction stormwater pollution prevention plan (C-SWPPP). AQUALIS can help property owners in Sumter put together an agreement and plan that meets the city’s requirements.

At minimum, the agreement needs a signed, notarized commitment from the responsible party accepting ownership and maintenance of each permanent stormwater control device or structure, including things like oil-water separators, underground detention structures, exfiltration systems, and nontraditional controls like constructed wetlands or bioretention. The agreement must also state that the city will be notified in writing of any change in maintenance responsibility for the site.

Your maintenance plan needs to describe the approach being used, include manufacturer specific procedures for any proprietary or LID devices, and identify each maintenance activity along with how often it will be performed. Typical items include:

  • Mowing and removing trees from the pond or embankment
  • Removing trash and sediment from the pond and outlet structure
  • Cleaning orifices and the outlet pipe
  • Regrading the pond bottom to maintain proper drainage
  • Inspecting and repairing the energy dissipator and emergency spillway
  • Addressing erosion on side slopes

AQUALIS can help property owners build a maintenance plan that covers all of these required items with a realistic schedule.

Violating any provision of the ordinance, including initiating or continuing land disturbing activity without an approved plan, can result in a civil penalty of up to $1,000 per violation. No penalty is assessed until the responsible party has been notified of the violation, and each day the violation continues counts as a separate offense. If payment isn’t received or a settlement isn’t reached within 30 days of the city’s demand, the matter can go to civil court. AQUALIS can help property owners address issues promptly to avoid this kind of escalation.

Yes. Since July 2011, commercial and industrial customers pay $5 per month, and residential customers pay $2.50 per month, billed through the customer’s utility account. These rates are set for an interim period while the city studies actual impervious cover on each parcel, which will ultimately determine each property’s fee based on its contribution to the stormwater system.

The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.

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Did you receive an NOV? Have an urgent need? We can help.

Notices of Violation (NOVs) or Corrective Notices should be taken seriously. Contact AQUALIS today to learn how to resolve the issue and comply with regulations.