National Pollutant Discharge

Elimination System Permit

for Discharge to Surface Waters 

This Permit Certifies That

South Carolina Generating Company (SCGENCO)

A.M. Williams Station-Highway 52 Ash Disposal Facility

has been granted permission to discharge from a facility located at

US Highway 52

Moncks Corner, SC

Berkeley County

to receiving waters named

Wappoola Swamp to Molly Branch to Cooper River

in accordance with limitations, monitoring requirements and other conditions set 

forth herein. This permit is issued in accordance with the provisions of the Pollution 

Control Act of South Carolina (S.C. Code Sections 48-1-10 et seq., 1976), 

Regulation 61-9 and with the provisions of the Federal Clean Water Act (PL 92-

500), as amended, 33 U.S.C. 1251 et seq., the "Act."

Jeffrey P. deBessonet, P.E., Director

Water Facilities Permitting Division

Issue Date: March 4, 2009 Expiration Date: September 30, 2010

Effective Date: April 1, 2009 Permit No.: SC0046175
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Permit No. SC0046175

Table of Contents

PART I. Definitions...................................................................................................................................................3

PART II. Standard Conditions.................................................................................................................................6

A. Duty to comply................................................................................................................................................6

B. Duty to reapply................................................................................................................................................6

C. Need to halt or reduce activity not a defense ..................................................................................................6

D. Duty to mitigate ..............................................................................................................................................6

E. Proper operation and maintenance..................................................................................................................6

F. Permit actions .................................................................................................................................................7

G. Property rights.................................................................................................................................................7

H. Duty to provide information ...........................................................................................................................8

I. Inspection and entry........................................................................................................................................8

J. Monitoring and records...................................................................................................................................8

K. Signatory requirement...................................................................................................................................10

L. Reporting requirements.................................................................................................................................11

M. Bypass...........................................................................................................................................................16

N. Upset .............................................................................................................................................................17

O. Misrepresentation of Information .................................................................................................................17

Part III. Limitations and Monitoring Requirements............................................................................................18

A. Effluent Limitations and Monitoring Requirements.....................................................................................18

B. Whole Effluent Toxicity and Other Biological Limitations and Monitoring Requirements ........................19

C. Groundwater Monitoring Requirements.......................................................................................................20

Part IV. Schedule of Compliance............................................................................................................................21

Part V. Other Requirements ...................................................................................................................................22

A. Effluent Requirements..................................................................................................................................22

B. Whole Effluent Toxicity and Other Biological Requirements......................................................................22

C. Groundwater Requirements..........................................................................................................................24

D. Other Conditions...........................................................................................................................................24
Part I

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Permit No. SC0046175

PART I. Definitions

Any term not defined in this Part has the definition stated in the Pollution Control Act or in “Water Pollution Control 

Permits”, R.61-9 or its normal meaning.

A. The “Act”, or CWA, shall refer to the Clean Water Act (Formerly referred to as the Federal Water Pollution Control 

Act) Public Law 92-500, as amended.

B. The “average” or “arithmetic mean” of any set of values is the summation of the individual values divided by the 

number of individual values.

C. “Basin” (or “Lagoon”) means any in-ground or earthen structure designed to receive, treat, store, temporarily 

retain and/or allow for the infiltration/evaporation of wastewater.

D. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

E. A “composite sample” shall be defined as one of the following four types:

1. An influent or effluent portion collected continuously over a specified period of time at a rate proportional to 

the flow.

2. A combination of not less than 8 influent or effluent grab samples collected at regular (equal) intervals over a 

specified period of time and composited by increasing the volume of each aliquot in proportion to flow. If 

continuous flow measurement is not used to composite in proportion to flow, the following method will be 

used: An instantaneous flow measurement should be taken each time a grab sample is collected. At the end of 

the sampling period, the instantaneous flow measurements should be summed to obtain a total flow. The 

instantaneous flow measurement can then be divided by the total flow to determine the percentage of each grab 

sample to be combined. These combined samples form the composite sample.

3. A combination of not less than 8 influent or effluent grab samples of equal volume but at variable time intervals 

that are inversely proportional to the volume of the flow. In other words, the time interval between aliquots is 

reduced as the volume of flow increases.

4. If the effluent flow varies by less than 15 percent, a combination of not less than 8 influent or effluent grab 

samples of constant (equal) volume collected at regular (equal) time intervals over a specified period of time.

All samples shall be properly preserved in accordance with Part II.J.4. Continuous flow or the sum of instantaneous 

flows measured and averaged for the specified compositing time period shall be used with composite results to 

calculate mass.

F. “Daily discharge” means the discharge of a pollutant measured during a calendar day or any 24-hour period that 

reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units 

of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants 

with limitations expressed in other units of measurement, the daily discharge is calculated as the average 

measurement of the pollutant over the day.
Part I

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Permit No. SC0046175

G. “Daily maximum” is the highest average value recorded of samples collected on any single day during the calendar 

month.

H. “Daily minimum” is the lowest average value recorded of samples collected on any single day during the calendar 

month.

I. The “Department” or “DHEC” shall refer to the South Carolina Department of Health and Environmental Control.

J. The “geometric mean” of any set of values is the Nth root of the product of the individual values where N is equal 

to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the 

logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be 

considered to be one (1).

K. A “grab sample” is an individual, discrete or single influent or effluent portion of at least 100 milliliters collected at 

a time representative of the discharge and over a period not exceeding 15 minutes and retained separately for 

analysis. 

L. “Groundwater” means the water below the land surface found in fractured rock or various soil strata.

M. The “maximum or minimum” is the highest or lowest value, respectively, recorded of all samples collected during 

the calendar month. These terms may also be known as the instantaneous maximum or minimum.

N. “Monitoring well” means any well used to sample groundwater for water quality analysis or to measure 

groundwater levels. 

O. The “monthly average”, other than for fecal coliform and enterococci, is the arithmetic mean of all samples 

collected in a calendar month period. The monthly average for fecal coliform and enterococci bacteria is the 

geometric mean of all samples collected in a calendar month period. The monthly average loading is the arithmetic 

average of all daily discharges made during the month.

P. The “PCA” shall refer to the Pollution Control Act (Chapter 1, Title 48, Code of Laws of South Carolina).

Q. The “practical quantitation limit” (PQL) is the concentration at which the entire analytical system must give a 

recognizable signal and acceptable calibration point. It is the concentration in a sample that is equivalent to the 

concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the 

method-specific sample weights, volumes, and processing steps have been followed. It is also referred to as the 

reporting limit. 

R. “Quarter” is defined as the first three calendar months beginning with January and each group of three calendar 

months thereafter (also known as calendar quarters).

S. “Quarterly average” is the arithmetic mean of all samples collected in a quarter.

T. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which 

causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be 

expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by

delays in production.
Part I

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Permit No. SC0046175

U. “Sludge” means industrial sludge. Industrial sludge is a solid, semi-solid, or liquid residue generated during the 

treatment of industrial wastewater in a treatment works. Industrial sludge includes, but is not limited to, industrial 

septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material 

derived from industrial sludge. Industrial sludge does not include ash generated during the firing of industrial 

sludge in an industrial sludge incinerator or grit and screenings generated during preliminary treatment of industrial 

wastewater in a treatment works. Industrial sludge by definition does not include sludge covered under 40 CFR 

Part 503 or R.61-9.503.

V. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with 

technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An 

upset does not include noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

W. “Wastewater” means industrial wastewater. Industrial wastewater is wastewater generated from a federal facility, 

commercial or industrial process, including waste and wastewater from humans when generated at an industrial 

facility. 

X. “Weekly average” is the arithmetic mean of all the samples collected during a one-week period. For selfmonitoring purposes, weekly periods in a calendar month are defined as three (3) consecutive seven-day intervals 

starting with the first day of the calendar month and a fourth interval containing seven (7) days plus those days 

beyond the 28th day in a calendar month. The value to be reported is the single highest of the four (4) weekly 

averages computed during a calendar month. The weekly average loading is the arithmetic average of all daily 

discharges made during the week.
Part II

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Permit No. SC0046175

PART II. Standard Conditions

A. Duty to comply

The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of 

the Clean Water Act and the Pollution Control Act and is grounds for enforcement action; for permit termination, 

revocation and reissuance, or modification; or denial of a permit renewal application. The Department’s approval 

of wastewater facility plans and specifications does not relieve the permittee of responsibility to meet permit limits.

1. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean 

Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 

405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or 

standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the 

requirement.

2. Failure to comply with permit conditions or the provisions of this permit may subject the permittee to civil 

penalties under S.C. Code Section 48-1-330 or criminal sanctions under S.C. Code Section 48-1-320. Sanctions 

for violations of the Federal Clean Water Act may be imposed in accordance with the provisions of 40 CFR Part 

122.41(a)(2) and (3).

3. A person who violates any provision of this permit, a term, condition or schedule of compliance contained 

within this NPDES permit, or the State law is subject to the actions defined in the State law.

B. Duty to reapply

If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the 

permittee must apply for and obtain a new permit. A permittee with a currently effective permit shall submit a new 

application 180 days before the existing permit expires, unless permission for a later date has been granted by the 

Department. The Department shall not grant permission for applications to be submitted later than the expiration 

date of the existing permit. 

C. Need to halt or reduce activity not a defense

It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce 

the permitted activity in order to maintain compliance with the conditions of this permit.

D. Duty to mitigate

The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in 

violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

E. Proper operation and maintenance

1. The permittee shall at all times properly operate and maintain in good working order and operate as efficiently 

as possible all facilities and systems of treatment and control (and related appurtenances) which are installed or 

used by the permittee to achieve compliance with the terms and conditions of this permit. Proper operation and 
Part II

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Permit No. SC0046175

maintenance includes effective performance based on design facility removals, adequate funding, adequate 

operator staffing and training and also includes adequate laboratory controls and appropriate quality assurance 

procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are 

installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the 

permit.

2. Power Failures. In order to maintain compliance with effluent limitations and prohibitions of this permit, the 

permittee shall either:

a. provide an alternative power source sufficient to operate the wastewater control facilities;

b. or have a plan of operation which will halt, reduce, or otherwise control production and/or all discharges 

upon the reduction, loss, or failure of the primary source of power to the wastewater control facilities. 

3. The permittee shall develop and maintain at the facility a complete Operations and Maintenance Manual for the 

waste treatment facilities. The manual shall be made available for on-site review during normal working hours. 

The manual shall contain operation and maintenance instructions for all equipment and appurtenances 

associated with the waste treatment facilities and land application system, if applicable. The manual shall 

contain a general description of the treatment process(es), the operational procedures to meet the requirements 

of E.1 above, and the corrective action to be taken should operating difficulties be encountered. 

4. The permittee shall provide for the performance of daily treatment facility inspections by a certified operator of 

the appropriate grade as defined in Part V.E of this permit. The Department may make exceptions to the daily 

operator requirement in accordance with R.61-9.122.41(e)(3)(ii). The inspections shall include, but should not 

necessarily be limited to, areas which require visual observation to determine efficient operation and for which 

immediate corrective measures can be taken using the O & M manual as a guide. All inspections shall be 

recorded and shall include the date, time, and name of the person making the inspection, corrective measures 

taken, and routine equipment maintenance, repair, or replacement performed. The permittee shall maintain all 

records of inspections at the permitted facility as required by the permit, and the records shall be made available 

for on-site review during normal working hours.

5. The name and grade of the operator of record shall be submitted to DHEC/Bureau of Water/Water Pollution 

Control Division prior to placing the facility into operation. A roster of operators associated with the facility's 

operation and their certification grades shall also be submitted with the name of the “operator-in-charge.” Any 

changes in operator or operators shall be submitted to the Department as they occur.

F. Permit actions

This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the 

permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes 

or anticipated noncompliance does not stay any permit condition.

G. Property rights

This permit does not convey any property rights of any sort, or any exclusive privilege nor does it authorize any 

injury to persons or property or invasion of other private rights, or any infringement of State or local law or 

regulations.
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Permit No. SC0046175

H. Duty to provide information

The permittee shall furnish to the Department, within a reasonable time, any information which the Department 

may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or 

to determine compliance with this permit. The permittee shall also furnish to the Department upon request, copies 

of records required to be kept by this permit.

I. Inspection and entry

The permittee shall allow the Department, or an authorized representative (including an authorized contractor acting 

as a representative of the Department), upon presentation of credentials and other documents as may be required by 

law, to:

1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where 

records must be kept under the conditions of this permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or 

operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise 

authorized by the Clean Water Act and Pollution Control Act, any substances or parameters at any location.

J. Monitoring and records

1. a. (1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored 

activity.

(2) Samples shall be reasonably distributed in time, while maintaining representative sampling.

(3) No analysis, which is otherwise valid, shall be terminated for the purpose of preventing the analysis 

from showing a permit or water quality violation.

b. Flow Measurements. 

(1) Where primary flow meters are required, appropriate flow measurement devices and methods consistent 

with accepted scientific practices shall be present and used to ensure the accuracy and reliability of 

measurements of the volume of monitored discharges. The devices shall be installed, calibrated and 

maintained to ensure that the accuracy of the measurements are consistent with the accepted capability 

of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation 

e discharge rates throughout the range of expected discharge volumes. 

The primary flow device, where required, must be accessible to the use of a continuous flow recorder. 

(2) Where permits require an estimate of flow, the permittee shall maintain at the permitted facility a record 

of the method(s) used in estimating the discharge flow (e.g., pump curves, production charts, water use 

records) for the outfall(s) designated on limits pages to monitor flow by an estimate. 

(3) Records of any necessary calibrations must be kept. 
Part II

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Permit No. SC0046175

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge 

use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 

R.61-9.503 or R.61-9.504), the permittee shall retain records of all monitoring information, including all 

calibration and maintenance records and all original strip chart recordings for continuous monitoring 

instrumentation, copies of all reports required by this permit, and records of all data used to complete the 

application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or 

application. This period may be extended by request of the Department at any time.

3. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individual(s) who performed the sampling or measurements;

c. The date(s) analyses were performed;

d. The individual(s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

4. a. Analyses for required monitoring must be conducted according to test procedures approved under 40 CFR 

Part 136, equivalent test procedures approved by the Department or other test procedures that have been 

specified in the permit.

In the case of sludge use or disposal, analysis for required monitoring must be conducted according to test 

procedures approved under 40 CFR Part 136, test procedures specified in R.61-9.503 or R.61-9.504, 

equivalent test procedures approved by the Department or other test procedures that have been specified in 

the permit.

b. Unless addressed elsewhere in this permit, the permittee shall use a sufficiently sensitive analytical method 

that achieves a value below the derived permit limit stated in Part III. If more than one method of analysis is 

approved for use, the Department recommends for reasonable potential determinations that the permittee 

use the method having the lowest practical quantitation limit (PQL) unless otherwise specified in Part V of 

the permit. For the purposes of reporting analytical data on the Discharge Monitoring Report (DMR):

(1) Analytical results below the PQL conducted using a method in accordance with Part II.J.4.a above shall 

be reported as zero (0). Zero (0) shall also be used to average results which are below the PQL. When 

zero (0) is reported or used to average results, the permittee shall report, in the “Comment Section” or in 

an attachment to the DMR, the analytical method used, the PQL achieved, and the number of times 

results below the PQL were reported as zero (0).

(2)Analytical results above the PQL conducted using a method in accordance with Part II.J.4.a shall be 

reported as the value achieved. When averaging results using a value containing a “less than,” the 

average shall be calculated using the value and reported as “less than” the average of all results 

collected.

(3)(a) The mass value for a pollutant collected using a grab sample shall be calculated using the 24-hour 

totalized flow for the day the sample was collected (if available) or the instantaneous flow at the 

time of the sample and either the concentration value actually achieved or the value as determined 

from the procedures in (1) or (2) above, as appropriate. Grab samples should be collected at a time 

representative of the discharge.
Part II

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Permit No. SC0046175

(b) The mass value for a pollutant collected using a composite sample shall be calculated using the 24-

hour totalized flow measured for the day the sample was collected and either the concentration value 

actually achieved or the value as determined from the procedures in (1) or (2) above, as appropriate.

5. The PCA provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring 

device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of 

not more than $25,000 or by imprisonment for not more than 2 years, or both. If a conviction of a person is for 

a violation committed after a first conviction of such person under this paragraph, punishment provided by the 

Clean Water Act is also by imprisonment of not more than 4 years.

K. Signatory requirement. 

1. All applications, reports, or information submitted to the Department shall be signed and certified.

a. Applications. All permit applications shall be signed as follows:

(1) For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible 

corporate officer means: 

(a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal 

business function, or any other person who performs similar policy or decision-making functions for 

the corporation, or 

(b) The manager of one or more manufacturing, production, or operating facilities, provided the 

manager is authorized to make management decisions which govern the operation of the regulated 

facility including having the explicit or implicit duty of making major capital investment 

recommendations, and initiating and directing other comprehensive measures to assure long term 

environmental compliance with environmental laws and regulations; the manager can ensure that 

the necessary systems are established or actions taken to gather complete and accurate information 

for permit application requirements; and where authority to sign documents has been assigned or 

delegated to the manager in accordance with corporate procedures.

(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

(3) For a municipality, State, Federal, or other public agency or public facility: By either a principal 

executive officer, mayor, or other duly authorized employee or ranking elected official. For purposes of 

this section, a principal executive officer of a Federal agency includes: 

(a) The chief executive officer of the agency, or 

(b) A senior executive officer having responsibility for the overall operations of a principal geographic 

unit of the agency (e.g., Regional Administrator, Region IV, EPA).

b. All reports required by permits, and other information requested by the Department, shall be signed by a 

person described in Part II.K.1.a of this section, or by a duly authorized representative of that person. A 

person is a duly authorized representative only if:
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Permit No. SC0046175

(1) The authorization is made in writing by a person described in Part II.K.1.a of this section;

(2) The authorization specifies either an individual or a position having responsibility for the overall 

operation of the regulated facility or activity such as the position of plant manager, operator of a well or 

a well field, superintendent, position of equivalent responsibility, or an individual or position having 

overall responsibility for environmental matters for the company. (A duly authorized representative may 

thus be either a named individual or any individual occupying a named position.) and,

(3) The written authorization is submitted to the Department.

c. Changes to authorization. If an authorization under Part II.K.1.b of this section is no longer accurate 

because a different individual or position has responsibility for the overall operation of the facility, a new 

authorization satisfying the requirements of Part II.K.1.b of this section must be submitted to the 

Department prior to or together with any reports, information, or applications to be signed by an authorized 

representative.

d. Certification. Any person signing a document under Part II.K.1.a or b of this section shall make the 

following certification: “I certify under penalty of law that this document and all attachments were prepared 

under my direction or supervision in accordance with a system designed to assure that qualified personnel 

properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who 

manage the system, or those persons directly responsible for gathering the information, the information 

submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are 

significant penalties for submitting false information, including the possibility of fine and imprisonment for 

knowing violations.”

2. The PCA provides that any person who knowingly makes any false statement, representation, or certification in 

any record or other document submitted or required to be maintained under this permit, including monitoring 

reports or reports of compliance or non-compliance shall, upon conviction, be punished by a fine of not more 

than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both.

L. Reporting requirements

1. Planned changes. 

The permittee shall give written notice to DHEC/Bureau of Water/Water Facilities Permitting Division as soon 

as possible of any planned physical alterations or additions to the permitted facility. Notice is required only 

when:

a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a 

facility is a new source in R 61-9.122.29(b); or

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants 

discharged. This notification applies to pollutants which are subject neither to effluent limitations in the 

permit, nor to notification requirements under Part II.L.8 of this section.
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Permit No. SC0046175

c. The alteration or addition results in a significant change in the permittee's sewage sludge or industrial 

sludge use or disposal practices, and such alteration, addition, or change may justify the application of 

permit conditions that are different from or absent in the existing permit, including notification of additional 

use or disposal sites not reported during the permit application process or not reported pursuant to an 

approved land application plan (included in the NPDES permit directly or by reference);

2. Anticipated noncompliance. 

The permittee shall give advance notice to the DHEC/Bureau of Water/Water Pollution Control Division of any 

planned changes in the permitted facility or activity which may result in noncompliance with permit 

requirements.

3. Transfers. 

This permit is not transferable to any person except after written notice to the DHEC/Bureau of Water/NPDES 

Administration. The Department may require modification or revocation and reissuance of the permit to change 

the name of permittee and incorporate such other requirements as may be necessary under the Pollution Control 

Act and the Clean Water Act. 

a. Transfers by modification. Except as provided in paragraph b of this section, a permit may be transferred by 

the permittee to a new owner or operator only if the permit has been modified or revoked and reissued 

(under R.61-9.122.62(e)(2)), or a minor modification made (under R.61-9.122.63(d)), to identify the new 

permittee and incorporate such other requirements as may be necessary under CWA.

b. Other transfers. As an alternative to transfers under paragraph a of this section, any NPDES permit may be 

transferred to a new permittee if:

(1) The current permittee notifies the Department at least 30 days in advance of the proposed transfer date 

in Part II.L.3.b(2) of this section;

 

(2) The notice includes U.S. EPA NPDES Application Form 1 and a written agreement between the 

existing and new permittees containing a specific date for transfer of permit responsibility, coverage, 

and liability between them; and

(3) Permits are non-transferable except with prior consent of the Department. A modification under this 

section is a minor modification which does not require public notice.

4. Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit.

a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms provided or 

specified by the Department for reporting results of monitoring of sludge use or disposal practices including 

the following:

(1) Effluent Monitoring: Effluent monitoring results obtained at the required frequency shall be reported on 

a Discharge Monitoring Report Form (EPA Form 3320-1). The DMR is due postmarked no later than 

the 28th day of the month following the end of the monitoring period. One original and one copy of the 

Discharge Monitoring Reports (DMRs) shall be submitted to:
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Permit No. SC0046175

S.C. Department of Health and Environmental Control

Bureau of Water/Water Pollution Control Division

Data Management Section

2600 Bull Street

Columbia, South Carolina 29201

(2) Groundwater Monitoring: Groundwater monitoring results obtained at the required frequency shall be 

reported on a Groundwater Monitoring Report Form (DHEC 2110) postmarked no later than the 28th 

day of the month following the end of the monitoring period. One original and one copy of the 

Groundwater Monitoring Report Form (DHEC 2110) shall be submitted to:

S.C. Department of Health and Environmental Control

Bureau of Water/Water Monitoring, Assessment and Protection Division 

Groundwater Management Section

2600 Bull Street

Columbia, South Carolina 29201

(3) Sludge, Biosolids and/or Soil Monitoring: Sludge, biosolids and/or soil monitoring results obtained at 

the required frequency shall be reported in a laboratory format as stated in Part V of the permit. Two 

copies of these results shall be submitted to:

S.C. Department of Health and Environmental Control

Bureau of Water/Water Pollution Control Division

Water Pollution Enforcement Section

2600 Bull Street

Columbia, South Carolina 29201

(4) All other reports required by this permit shall be submitted at the frequency specified elsewhere in the 

permit to:

S.C. Department of Health and Environmental Control

Bureau of Water/Water Pollution Control Division

Water Pollution Enforcement Section

2600 Bull Street

Columbia, South Carolina 29201

b. If the permittee monitors any pollutant more frequently than required by the permit using test procedures 

approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 

unless otherwise specified in R.61-9.503 or R.61-9.504, or as specified in the permit, all valid results of 

this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or 

sludge reporting form specified by the Department. The permittee has sole responsibility for scheduling 

analyses, other than for the sample date specified in Part V, so as to ensure there is sufficient opportunity to 

complete and report the required number of valid results for each monitoring period.

c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean 

unless otherwise specified by the Department in the permit.
Part II

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Permit No. SC0046175

5. Twenty-four hour reporting

a. The permittee shall report any non-compliance, which may endanger health or the environment. Any 

information shall be provided orally to local DHEC office within 24 hours from the time the permittee 

becomes aware of the circumstances. During normal working hours call:

County EQC Region Phone No.

Anderson, Oconee Region 1- Anderson EQC Office 864-260-5569

Abbeville, Edgefield, Greenwood,

Laurens, McCormick, Saluda Region 1 – Greenwood EQC Office 864-223-0333

Greenville, Pickens Region 2 – Greenville EQC Office 864-241-1090

Cherokee, Spartanburg,

Union Region 2 – Spartanburg EQC Office 864-596-3800

Fairfield, Lexington,

Newberry, Richland Region 3 –Columbia EQC Office 803-896-0620

Chester, Lancaster, York Region 3 – Lancaster EQC Office 803-285-7461

Chesterfield, Darlington, Dillon, 

Florence, Marion, Marlboro Region 4 – Florence EQC Office 843-661-4825

Clarendon, Kershaw,

Lee, Sumter Region 4 – Sumter EQC Office 803-778-6548

Aiken, Allendale, Bamberg, 

Barnwell, Calhoun, Orangeburg Region 5 – Aiken EQC Office 803-641-7670

Georgetown, Horry,

Williamsburg Region 6 – Myrtle Beach EQC Office 843-238-4378

Berkeley, Charleston,

Dorchester Region 7 – Charleston EQC Office 843-953-0150

Beaufort, Colleton,

Hampton, Jasper Region 8 – Beaufort EQC Office 843-846-1030

*After-hour reporting should be made to the 24-Hour Emergency Response 

telephone number 803-253-6488 or 1-888-481-0125 outside of the Columbia area. 

A written submission shall also be provided to the address in Part II.L.4.a(4) within 5 days of the time the 

permittee becomes aware of the circumstances. The written submission shall contain a description of the 

noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the

noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or 

planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

b. The following shall be included as information which must be reported within 24 hours under this 

paragraph.

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (See R.61-9.122.44(g)).

(2) Any upset which exceeds any effluent limitation in the permit.
Part II

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Permit No. SC0046175

(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Department in 

the permit to be reported within 24 hours (See R 61-9.122.44(g)). If the permit contains maximum 

limitations for any of the pollutants listed below, a violation of the maximum limitations shall be 

reported orally to the DHEC/Bureau of Water/Water Pollution Control Division within 24 hours or the 

next business day.

(a) Whole Effluent Toxicity (WET),

(b) tributyl tin (TBT), and

(c) any of the following bioaccumulative pollutants:

α BHC

β BHC

δ BHC (Lindane)

BHC

Chlordane

DDD

DDE

DDT

Dieldrin

Hexachlorobenzene

Hexachlorobutadiene

Mercury

Mirex

Octachlorostyrene

PCBs

Pentachlorobenzene

Photomirex

1,2,3,4-Tetrachlorobenzene

1,2,4,5-Tetrachlorobenzene

2,3,7,8-TCDD

Toxaphene

c. The Department may waive the written report on a case-by-case basis for reports under Part II.L.5.b of this 

section if the oral report has been received within 24 hours.

6. Other noncompliance. 

The permittee shall report all instances of noncompliance not reported under Part II.L.4 and 5 of this section and 

Part IV at the time monitoring reports are submitted. The reports shall contain the information listed in Part 

II.L.5 of this section.

7. Other information. 

Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or 

submitted incorrect information in a permit application or in any report to the Department, it shall promptly 

submit such facts or information to the Water Facilities Permitting Division. This information may result in 

permit modification, revocation and reissuance, or termination in accordance with Regulation 61-9.

8. Existing manufacturing, commercial, mining, and silvicultural dischargers. 

In addition to the reporting requirements under Part II.L.1-7 of this section, all existing manufacturing, 

commercial, mining, and silvicultural dischargers must notify the DHEC/Bureau of Water/Water Pollution 

Control Division of the Department as soon as they know or have reason to believe:

a. That any activity has occurred or will occur which would result in the discharge on a routine or frequent 

basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of 

the following “notification levels”:
Part II

Page 16 of 24

Permit No. SC0046175

(1) One hundred micrograms per liter (100 μg/l);

(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred micrograms 

per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter 

(1 mg/l) for antimony;

(3) Five (5) times the maximum concentration value reported for that pollutant in the permit application; or

(4) The level established by the Department in accordance with section R.61-9.122.44(f).

b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or 

infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed in the 

highest of the following “notification levels”:

(1) Five hundred micrograms per liter (500 μg/l);

(2) One milligram per liter (1 mg/l) for antimony;

(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in 

accordance with R.61-9.122.21(g)(7).

(4) The level established by the Department in accordance with section R.61-9.122.44(f).

M. Bypass

1. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent 

limitations to be exceeded but only if it also is for essential maintenance to assure efficient operation. These 

bypasses are not subject to the provisions of Part II.M.2 and 3 of this section.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, 

if possible, at least ten days before the date of the bypass to the DHEC/Bureau of Water/ Water Facilities 

Permitting Division.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II.L.5 

of this section.

3. Prohibition of bypass 

a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, 

unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
Part II

Page 17 of 24

Permit No. SC0046175

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, 

retention of untreated wastes, or maintenance during normal periods of equipment downtime. This 

condition is not satisfied if adequate back-up equipment should have been installed in the exercise of 

reasonable engineering judgment to prevent a bypass which occurred during normal periods of 

equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part II.M.2 of this section.

b. The Department may approve an anticipated bypass, after considering its adverse effects, if the Department 

determines that it will meet the three conditions listed above in Part II.M.3.a of this section.

N. Upset 

1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with 

such technology based permit effluent limitations if the requirements of Part II.N.2 of this section are met. No 

determination made during administrative review of claims that noncompliance was caused by upset, and before 

an action for noncompliance, is final administrative action subject to judicial review.

2. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense 

of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence 

that:

a. An upset occurred and that the permittee can identify the cause(s) of the upset;

b. The permitted facility was at the time being properly operated; and

c. The permittee submitted notice of the upset as required in Part II.L.5.b(2) of this section.

d. The permittee complied with any remedial measures required under Part II.D of this section.

3. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset 

has the burden of proof.

O. Misrepresentation of Information

1. Any person making application for a NPDES discharge permit or filing any record, report, or other document 

pursuant to a regulation of the Department, shall certify that all information contained in such document is true. 

All application facts certified to by the applicant shall be considered valid conditions of the permit issued 

pursuant to the application.

2. Any person who knowingly makes any false statement, representation, or certification in any application, 

record, report, or other documents filed with the Department pursuant to the State law, and the rules and 

regulations pursuant to that law, shall be deemed to have violated a permit condition and shall be subject to the 

penalties provided for pursuant to 48-1-320 or 48-1-330.
Page 

Part III

18 of 24

Permit No. SC0046175

Part III. Limitations and Monitoring Requirements

A. Effluent Limitations and Monitoring Requirements

1. During the period beginning on the effective date of this permit and lasting through the expiration date, the permittee is authorized 

to discharge from outfall serial number 001: ash landfill runoff, ash landfill leachate and truck wash water.

Such discharge shall be limited and monitored by the permittee as specified below: 

EFFLUENT 

CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING 

REQUIREMENTS

Mass Concentration

Monthly 

Average

Daily 

Maximum

Monthly 

Average

Daily 

Maximum

Sampling 

Frequency Sample Type

Flow MR1(MGD) MR1(MGD) - - 1/month instantaneous2

pH - - Min 6.0 su, Max 8.5 su31/month grab

Total Suspended Solids (TSS) - - MR1(mg/l) 50 mg/l 1/month grab

Oil & Grease (as HEM)4- - 10 mg/l 15 mg/l 1/month grab

Selenium, total - - MR1(mg/l) MR1(mg/l) 1/month grab

1MR: Monitor and Report

2See Part II.J.1

3See Part I.M.

4Sampling for Oil & Grease is only required when the truck wash is in operation.

a. Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): after 

treatment but prior to mixing with the receiving stream.
Part III

Page 19 of 24

Permit No. SC0046175

B. Whole Effluent Toxicity and Other Biological Limitations and Monitoring Requirements

1. During the period beginning on the effective date and lasting through the expiration date, the permittee is 

authorized to discharge from outfall 001: ash landfill runoff, ash landfill leachate and truck wash water.

Such discharge shall be limited and monitored by the permittee as specified below:

EFFLUENT 

CHARACTERISTICS

DISCHARGE

LIMITATIONS

MONITORING

REQUIREMENTS

Quarterly 

Average1 Maximum1 Measurement Frequency Sample Type

Ceriodaphnia dubia

Chronic Whole Effluent

Toxicity

@ CTC = 100%

25 %2 40 %2 1/quarter3 grab

Ceriodaphnia dubia

Chronic Whole Effluent

Toxicity - Reproduction

@ CTC = 100%

MR %2 MR %2 1/quarter3 grab

Ceriodaphnia dubia

Chronic Whole Effluent

Toxicity - 7-day Survival

@ CTC = 100%

MR %2 MR %2 1/quarter3 grab

1 Quarterly average is defined as the mean of percent effects for all valid tests performed during the monitoring period following the 

procedures given in Part V.B.1.d. Maximum is defined as the highest percent effect of all valid tests performed during the monitoring period 

following the procedures in Part V.B.1.d.

2 See Part V.B.1 for additional toxicity reporting requirements. MR = Monitor and Report.

3 Valid tests must be separated by at least 13 days (from the time the first sample is taken to start one test until the time the first sample is 

taken to start a different test). There is no restriction on when a new test may begin following a failed or invalid test.

a. Samples used to demonstrate compliance with the discharge limitations and monitoring requirements 

specified above shall be taken at or near the final point-of-discharge but, prior to mixing with the receiving 

waters or other waste streams.

b. If only one valid test is conducted during a quarter, results from that test must be used to assess compliance 

with the quarterly average limit as well as the maximum limit. If more than one valid test is completed 

during the quarter, the mean percent inhibition of all valid tests must be used to demonstrate compliance 

with the quarterly average limit. 

c. Valid test results from split samples shall be reported on the DMR. For reporting an average on the DMR, 

individual valid results for each test from a split sample are averaged first to determine a sample value. 

That value is averaged with other sample results obtained in the reporting period and the average of all 

sample results reported. For reporting the maximum on the DMR, individual valid results for each test from 

a split sample are averaged first to determine a sample value. That value is compared to other sample 

results obtained in the reporting period and the maximum of all sample results reported. For the purposes of 

reporting, split samples are reported as a single sample regardless of the number of times it is split. All 

laboratories used shall be identified on the DMR attachment.
Part III

Page 20 of 24

Permit No. SC0046175

C. Groundwater Monitoring Requirements

1. During the period beginning on the effective date of this permit and lasting through the expiration date, the 

permittee shall monitor the two (2) groundwater monitoring wells M-5 and Z19-D1 as specified below:

1 Semi-annual samples shall be taken in the months of January and July of each year, 

unless otherwise approved by the Department.

PARAMETER MEASUREMENT 

FREQUENCY SAMPLE METHOD

Water Table Elevation Semi-annually1 Direct Measurement

Depth to Water Semi-annually1 Direct Measurement

Field pH Semi-annually1 Direct Measurement

Field Specific Conductance Semi-annually1 Direct Measurement

Field Turbidity Semi-annually1 Direct Measurement

Total Dissolved Solids Semi-annually1 Bailer or Pumping Method

Arsenic, total Semi-annually1 Bailer or Pumping Method

Cadmium, total Semi-annually1 Bailer or Pumping Method

Chlorides Semi-annually1 Bailer or Pumping Method

Chromium, total Semi-annually1 Bailer or Pumping Method

Copper, total Semi-annually1 Bailer or Pumping Method

Iron, total Semi-annually1 Bailer or Pumping Method

Lead, total Semi-annually1 Bailer or Pumping Method

Mercury, total Semi-annually1 Bailer or Pumping Method

Nickel, total Semi-annually1 Bailer or Pumping Method

Selenium, total Semi-annually1 Bailer or Pumping Method

Sulfate as SO4 Semi-annually1 Bailer or Pumping Method

Zinc, total Semi-annually1 Bailer or Pumping Method
Part IV

Page 21 of 24

Permit No. SC0046175

Part IV. Schedule of Compliance

A. Schedule(s)

Not Applicable

B. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements 

contained in any compliance schedule of this permit shall be submitted no later than 14 days following each 

scheduled date.
Part V

Page 22 of 24

Permit No. SC0046175

Part V. Other Requirements

A. Effluent Requirements

1. There shall be no discharge of floating solids or visible foam in other than trace amounts, nor shall the 

effluent cause a visible sheen on the receiving waters.

2. The practical quantitation limit (PQL) using the analytical methods stated below shall be used for sampling 

and reporting results.

Parameter Analytical Method PQL

Selenium 200.8, 200.9, SM3113B 5.0 g/l

This permit may be reopened to eliminate monitoring requirements if the discharge is determined not to cause, 

contribute or have the reasonable potential to cause an instream water quality violation or to include limitations

if the discharge causes, has the reasonable potential to cause or contributes to a water quality violation for 

selenium. The permittee shall use the results obtained from the sampling to make this determination. An 

evaluation may be performed after each sample using the guidelines established in the permit rationale. At any 

time the discharge is determined not to cause, contribute or have the reasonable potential to cause an instream 

excursion from the cumulative data set, the permittee may submit a written request to the following address 

requesting monitoring be discontinued. 

S.C. Department of Health and Environmental Control

Bureau of Water

Industrial Wastewater Permitting Section

2600 Bull Street

Columbia, South Carolina 29201

Upon Departmental concurrence, a new DMR will be sent to the permittee with no monitoring included for 

selenium. If the discharge causes, has the reasonable potential to cause or contributes to an instream water 

quality violation for the parameter based on one year of data, the permit may be reopened to include additional 

requirements and/or limitations.

B. Whole Effluent Toxicity and Other Biological Requirements

1. For the requirements identified in Part III.B: 

a. A Ceriodaphnia dubia three brood chronic toxicity test shall be conducted at the frequency stated in Part 

III.B, Effluent Toxicity Limitations and Monitoring Requirements, using the following test concentrations: 

0% (control), 50%, 60%, 71%, 84% and 100%(CTC) effluent. The permittee may add additional test 

concentrations without prior authorization from the Department provided that the test begins with at least 10 

replicates in each concentration and all data is used to determine permit compliance.

b. The test shall be conducted using EPA Method 1002.0 in accordance with “Short-Term Methods for 

Estimating Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms,” EPA/821/R02/013 (October 2002).
Part V

Page 23 of 24

Permit No. SC0046175

c. The permittee shall use the linear interpolation method described in “Short-Term Methods for Estimating 

Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms,” EPA/821/R-02/013 

(October 2002), Appendix M to estimate the percent effect on survival and reproduction at the CTC 

according to the equations in d below.

d. The linear interpolation estimate of percent effect is 

1 *100

1



















M

MCTC

if the CTC is a tested 

concentration. Otherwise, it is 

*100.

* *

1

1

1

1

1

1















































M

CTC

C C

M M

C

C C

M M

M

J J

J J

J

J J

J J

J

The permittee shall report the percent effect on both Ceriodaphnia dubia survival and reproduction at 

the CTC. Overall percent effect is the greater of the percent effect on survival and reproduction. On the 

DMR Attachment, the permittee shall also report the IC25 and, using the same test data, the 48-hour 

chronic LC50. 

e. A test shall be invalidated if any part of Method 1002.0 is not followed or if the laboratory is not 

certified at the time the test is conducted. 

f. All valid toxicity test results shall be submitted on the DHEC Form 3710 entitled “DMR Attachment for 

Toxicity Test Results” in accordance with Part II.L.4. In addition, results from all invalid tests must be 

appended to DMRs, including lab control data. The permittee has sole responsibility for scheduling toxicity 

tests so as to ensure there is sufficient opportunity to complete and report the required number of valid test 

results for each monitoring period.

g. The permittee is responsible for reporting a valid test during each monitoring period. However, the 

Department acknowledges that invalid tests may occur. All of the following conditions must be satisfied for 

the permittee to be in compliance with Whole Effluent Toxicity (WET) testing requirements for a particular 

monitoring period when a valid test was not obtained.

(1) A minimum of five (5) tests have been conducted which were invalid in accordance with Part V.B.1.e 

above;

(2) The data and results of all invalid tests are attached to the DMR;

(3) At least one additional State-certified laboratory is used after two (2) consecutive invalid tests were 

determined by the first laboratory. The name(s) and lab certification number(s) of the additional lab(s) 

shall be reported in the comment section of the DMR; and

(4) A valid test was reported during each of the previous three reporting periods.

If these conditions are satisfied, the permittee may enter “H” in the appropriate boxes on the toxicity DMR 

and add the statement to the Comment Section of the DMR that “H indicates invalid tests.”

h. This permit may be modified based on new information that supports a modification in accordance with 

Regulation 61-9.122.62 and Regulation 61-68.D.
Part V

Page 24 of 24

Permit No. SC0046175

C. Groundwater Requirements

1. The Department’s Groundwater Quality Section must approve/permit the installation of any new groundwater 

monitoring wells prior to the wells installation.

2. All of the groundwater monitoring wells must be properly maintained at all times so that they yield 

representative aquifer samples.

3. Sample collection methods shall be in accordance with EPA’s “Environmental Investigations Standard 

Operating Procedures and Quality Assurance Manual”, November 2001, or the most recent approved version, 

as well as the SCE&G “Groundwater Monitoring Plan” dated January 24, 2000, or the most recent approved 

version.

4. The permittee shall notify SC DHEC within thirty (30) calendar days after receipt of the results for 

groundwater monitoring and becoming aware of an exceedance of a primary drinking water standard for any 

parameter specified in this permit that has an assigned MCL.

D. Other Conditions

1. The wastewater treatment plant is assigned a classification of Group I-Physical/Chemical in Construction 

Permit #19,188-IW, which was issued by the Department on May 2, 2008. This classification will require the 

performance of daily treatment plant inspections by a certified operator with a Grade D-Physical/Chemical

license.

2. The permittee shall maintain an all weather access road to the wastewater treatment system and appurtenances 

at all times.

3. The permittee shall monitor all parameters, except for Whole Effluent Toxicity, consistent with conditions 

established by this permit on the 2

nd Monday of every calendar month, unless otherwise approved by this 

Department. The permittee shall monitor Whole Effluent Toxicity, consistent with conditions established by this 

permit on the 2

nd Monday of the first month of every calendar quarter, unless otherwise approved by this 

Department. If no discharge occurs on the required monitoring day, the permittee shall collect an effluent 

sample during the reporting period on a day when there is a discharge. If no discharge occurs during the 

reporting permit, the permittee shall report “no discharge” for that period. Additional monitoring as necessary to 

meet the frequency requirements of this permit shall be performed by the permittee.

4. All waste oil and solid and hazardous waste shall be disposed of in accordance with the rules and regulations of 

SCDHEC's Bureau of Land and Waste Management.

5. The permittee shall periodically survey all pond dikes and toe areas to determine that seepage is not occurring. 

In the event that seepage does occur and has the potential to reach waters of the State, the permittee shall notify 

SCDHEC within 5 days of becoming aware of the situation and provide a proposed course of corrective action 

and implementation schedule.

6. The permittee shall report all visible discharges of floating materials, such as ash or an oil sheen, to SCDHEC 

when submitting DMR’s. 

7. Within eighteen (18) month of the initial discharge, the permittee must fully complete and submit an EPA 

Application Form 2C in accordance with Regulation 61-9.122.21(k)(5)(vi). This permit may be reopened to 

include additional monitoring and/or limitations based on the results of this submittal.