South Carolina Puts Dam Owners on Notice for Big Bills

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South Carolina’s environmental agency is warning dozens of property owners they could face substantial bills for not submitting plans as ordered for repairing dams damaged or destroyed in last month’s historic flooding.

Violation notices began going out Nov. 6 to the owners of privately owned dams who didn’t meet the agency’s deadline for hiring an engineer and turning in detailed inspection results, along with plans for repair or replacement.

Forty-two of the 75 owners mailed emergency orders in mid-October had complied by Friday, said Jennifer Read, spokeswoman for the Department of Health and Environmental Control. Its dam safety division is responsible for inspecting and regulating 2,370 dams statewide but has been historically understaffed and underfunded.

As of Tuesday, the agency had sent 24 official warnings that allow the agency to issue a $1,000 fine and penalties that can reach up to $500 daily. They also remind owners that the agency can _ without further notice – contract out any work it deems necessary to protect the public from dam failures – then send a bill.

“These expenses may be substantial,” the notices warn.

Already, the agency has sent its contractor to four lakes to pump out water. Read didn’t yet know how much those dam owners will be charged since the work is ongoing.

“DHEC will take all necessary actions to ensure that these dam owners repair their structures and ensure essential safeguards to protect public safety,” she said Tuesday.

Property owner Eric Lanier called the deadlines “unreasonable” and said DHEC’s actions were “un-American.”

“They’re not assisting; they’re demanding,” he said. The Charlotte, North Carolina, resident owns a 325-acre hunting preserve in Chester County, which includes the 73-year-old lake that contractors lowered using two pumps that ran for four days.

The problem was a 4-inch hole near the top of what Lanier called a secondary dike.

“I have no idea how much this is costing,” Lanier said, adding it’s the first time state inspectors have been to his property since he bought it 12 years ago. “We’ve tried to comply. They’re not giving adequate time to take care of it yourself. I think it’s a knee-jerk reaction.”

The emergency orders stem from post-flood assessments of all 652 dams statewide the agency classifies as dangerous to lives and/or property if they fail. The orders went out to the owners of 31 dams that ruptured and 44 others deemed unsafe by inspectors following the storm, which dumped 2 feet of rain in some areas.

The deadlines contained in the order gave owners _ mostly homeowner associations and individual families _ roughly two weeks to hire an engineer and figure it out, less if certified letters took longer to reach them. Lanier said he had a week.

Costs are still unclear. Privately owned dams generally aren’t eligible for help from the Federal Emergency Management Agency, and they’re unlikely to be covered by private insurance.

Another dam owner to receive a violation order is the Church of the Redeemer in Orangeburg. A campground lake it owns drained after floodwaters overwhelmed part of its dam.

According to an email provided to The Associated Press, the church notified DHEC on Oct. 22 that it had hired an engineer. Property manager Joe Bonnett said Nov. 10 the church hasn’t submitted plans because it’s simply too soon to know.

“There’s no way to know what happens until we go through the process. The dam is not a threat to anybody. There’s no water in the lake, so we have no way of harming anybody,” Bonnett said.

Last week, DHEC sent out an additional 167 non-emergency orders for dams deemed damaged and in need of repair but not a threat. Those owners have until February to submit an engineer’s report.

South Carolina’s dam safety program is among the nation’s lowest-funded, according to the Association of State Dam Safety Officials. The program’s staff of seven received help from two federal agencies, a private contractor, and SCE&G to conduct assessments after the floodwaters receded, according to the agency.