~ '. '. . 

Soutl)Carolina Department of Health 

and Environmental Control 

Notional Pollutant Discharge 

Elimination System Permit 

for Discharge to Surface Waters 

This Permit Certifies That 

SMUllFIT-STONE CONTAINER ENTERPRISES, INC 

has been granted pennission to discharge· from a facility located at 

Papt!r ,Mill RoIuI 

Florence, SO 

Florence County 

to receiving waters named 

Great Pee Dee lU..,.. 

in accordance with limitations, monitoring requirements and other conditions set 

forth herein. This permitisissueci 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." 

.IS$lle Date: Augu.t 29, 2006 

"Bffecitve DtIte: November 4 2006 

MotllJlt!lltion Date: December l~ 2007 

Ex.pinltion Date: October 31,2011 

Pe""it No.: SC0000876 

MtHIIjicadon Effective Date: January 1,2008 
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 ............................................................................................................................................... 8 

H. Duty to provide infonnation ......................................................................................................................... 8 

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

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

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

L. Reporting requirements ............................................................................................................................... 12 

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

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

O. Misrepresentation of Infonnation ............................................................................................................... 18 

Part III. Limitations and Monitoring Requirements .......................................................................................... 19 

A. Effluent Limitations and Monitoring Requirements ................................................................................... 19 

B. Whole Effluent Toxicity and Other Biological Limitations and Monitoring Requirements ...................... 20 

C. Groundwater Monitoring Requirements ..................................................................................................... 21 

D. Sludge Monitoring Requirements ............................................................................................................... 21 

E. Soil Monitoring Requirements .................................................................................................................... 21 

Part IV. Schedule of Compliance .......................................................................................................................... 22 

Part V. Other Requirements ................................................................................................................................. 23 

A. Effluent Requirements ................................................................................................................................ 23 

B. Whole Effluent Toxicity and Other Biological Requirements .................................................................... 24 

C. Groundwater Requirements ........................................................................................................................ 25 

D. Sludge Requirements .................................................................................................................................. 26 

E. Other·Conditions ......................................................................................................................................... 27 
Part I 

Page 3 of29 

Permit No. SC0000876 

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 CW A, 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 effiuent 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 effiuent grab samples collected at regular (equal) intervals over a 

specified period of time and compo sited 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 ofthe flow. ill other words, the time interval between aliquots is 

reduced as the volume of flow increases. 

4. If the effiuent flow varies by less than 15 percent, a combination of not less than 8 influent or effiuent 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.JA. Continuous flow or the sum ofinstantaneous 

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

calculate mass. 

F. "Daily maximum" is the highest average value recorded of samples collected on any single day during the calendar 

month. 

G. "Daily minimum" is the lowest average value recorded of samples collected on any single day during the calendar 

month. 

H. The "Department" or "DHEC" shall refer to the South Carolina Department of Health and Environmental Control. 
Part I 

Page 4 of29 

Pennit No. SC0000876 

I. 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 ofindividual 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). 

J. 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. mstantaneous flow measured at the time of grab sample collection shall be used to calculate quantity, 

unless a totalizer is used. 

K. "Groundwater" means the water below the land surface found in fractured rock or various soil strata. 

L. The "maximum or minimum" is the highest or lowest value, respectively, recorded of all samples collected during 

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

M. "Monitoring well" means any well used to sample groundwater for water quality analysis or to measure 

groundwater levels. 

N. The ''monthly average", other than for fecal colifonn and enterococci, is the arithmetic mean of all samples 

collected in a calendar month period. The monthly average for fecal colifonn 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 individual loading determinations made during the month. 

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

P. 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. 

Q. "Quarter" is defined as the first three calendar months beginning with the month that this permit becomes effective 

and each group of three calendar months thereafter. 

R. "Quarterly average" is the arithmetic mean of all samples collected in a quarter. 

S. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which 

causes them to become inoperable, or substantial and pennanent 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 

Page 5 of29 

Pennit No. SC0000876 

T. "Sludge" means industrial sludge. fudustrial sludge is a solid, semi-solid, or liquid residue generated during the 

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

Part 503 or R.61-9.503. 

U. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with 

technology based pennit 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. 

V. "Wastewater" means industrial wastewater. fudustrial wastewater is wastewater generated from a federal facility, 

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

facility. 

W. "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 individual 

loading detenninations made during the week. 
Part II 

Page 6 of29 

Permit No. SC0000876 

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 

tennination, 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 pennit limits. 

1. The pennittee 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 CW A 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 pennittee 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 pennit after the expiration date of this pennit, 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 
PartII 

Page 7 of29 

Permit No. SC0000876 

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 pennittee to achieve compliance with the terms and conditions of this permit. 

Proper operation and 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 pennit, 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 and/or land application system. 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. 

The manual shall contain a general description of the treatment process( es), the operational procedures to 

meet the requirements of E.I 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 0 & 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 DHEClBureau of WaterlWater 

Enforcement 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 ofthe "operator-incharge." 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 

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

changes or anticipated noncompliance does not stay any pennit condition. 
Part II 

Page 8 of29 

Pennit No. SC0000876 

G. Property rights 

This pennit 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. 

H. Duty to provide infonnation 

The pennittee shall furnish to the Department. within a reasonable time. any infonnation which the Department 

may request to detennine whether cause exists for modifying. revoking and reissuing, or tenninating this permit 

or to detennine compliance with this pennit. The pennittee shall also furnish to the Department upon request. 

copies of records required to be kept by this pennit. 

I. Inspection and entry 

The pennittee 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 pennittee's premises where a regulated facility or activity is located or conducted, or where 

records must be kept under the conditions of this pennit; 

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 pennit 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 tenninated 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, 
Part II 

Page 9 of29 

Permit No. SC0000876 

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 of less thaI\ 10% from the true 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 ofthe 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. 

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 m. 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 
PartII 

Page 10 of29 

Pennit No. SC0000876 

specified in Part V of the pennit. 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 nJA.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 pennittee 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 n.JA.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) Mass values shall be calculated using the flow taken at the time of the sample and either the 

concentration value actually achieved or the value as detennined 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 infonnation 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 perfonns 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 tenn 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 infonnation for pennit application requirements; and where authority to 

sign documents has been assigned or delegated to the manager in accordance with corporate 

procedures. 
Part II 

Page 11 of29 

Pennit No. SC0000876 

(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 ofa Federal agency includes: 

(a) The chief executive officer ofthe 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 N, EPA). 

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

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

person is a duly authorized representative only if: 

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

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

operation ofthe 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.I.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.I.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.I.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 infonnation, 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. 
Partll 

Page 12 of29 

Pennit No. SC0000876 

L. Reporting requirements 

1. Planned changes. 

The pennittee shall give written notice to DHEClBureau ofWaterlWater Facilities Pennitting Division as 

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

only when: 

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

facility is a new source in R 6l-9.l22.29(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 effiuent limitations in the 

permit, nor to notification requirements under Part ll.L.8 ofthis section. 

c. The alteration or addition results in a significant change in the pennittee'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 pennit, including notification of 

additional use or disposal sites not reported during the pennit application process or not reported 

pursuant to an approved land application plan (included in the NPDES pennit directly or by reference); 

2. Anticipated noncompliance. 

The pennittee shall give advance notice to the DHEClBureau ofWater/Water Enforcement Division of any 

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

requirements. 

3. Transfers. 

This pennit is not transferable to any person except after written notice to the DHEClBureau of 

WaterlNPDES Administration. The Department may require modification or revocation and reissuance of 

the pennit to change the name of pennittee 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 pennit may be 

transferred by the permittee to a new owner or operator only ifthe pennit has been modified or revoked 

and reissued (under R.6l-9.l22.62(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 CW A. 

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

be transferred to a new pennittee if: 

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

date in Part ll.L.3.b(2) of this section; 
Partll 

Page 13 of29 

Pennit No. SC0000876 

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

existing and new pennittees containing a specific date for transfer of pennit responsibility, coverage. 

and liability between them; and 

(3) Pennits 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 pennit. 

a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) or fonns 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 Fonn (EPA Fonn 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; 

S.C. Department of Health and Environmental Control 

Bureau ofWater/Compliance Assurance Division 

Pennit and Data Administration 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 Fonn (DHEC 2110) postmarked no later than the 

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

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

S.C. Department of Health and Environmental Control 

Bureau ofWater/Water Monitoring, Assessment and Protection Division 

Groundwater Quality 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 fonnat as stated in Part V of the pennit. 

Two copies of these results shall be submitted to: 

S.c. Department of Health and Environmental Control 

Bureau of Water /Water Enforcement Division 

Water Pollution Enforcement Section 

2600 Bull Street 

Columbia, South Carolina 29201 

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

the pennit to: 
PartIl 

Page 14 of29 

Pennit No. SC0000876 

S.C. Department of Health and Environmental Control 

Bureau of WaterIW ater Enforcement Division 

Water Pollution Enforcement Section 

2600 Bull Street 

Columbia, South Carolina 29201 

b. lfthe pennittee monitors any pollutant more frequently than required by the pennit 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 pennit, all valid 

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

DMR or sludge reporting fonn 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 pennit. 

5. Twenty-four hour reporting 

a. The pennittee 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 pennittee 

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

County EQC Region Phone No. 

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

Abbeville, Edgefield, Greenwood, Region I - Greenwood EQC Office 864-223-0333 Laurens, McCormick, Saluda 

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

Cherokee, Spartanburg, Union Region 2 - Spartanburg EQC Office 864-596-3800 

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

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

Chesterfield, Darlington, Dillon, Region 4 - Florence EQC Office 843-661-4825 Florence, Marion, Marlboro 

Clarendon, Kershaw, Region 4 - Sumter EQC Office 803-778-6548 Lee, Sumter 

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

Georgetown, Horry, Region 6 - Myrtle Beach EQC Office 843-238-4378 Williamsburg 

Berkeley, Charleston, Region 7 - Charleston EQC Office 843-740-1590 Dorchester 

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

Page 15 of29 

Permit No. SC0000876 

* 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 ILL.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. 

(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 DHEClBureau ofWaterlWater Enforcement 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: 

ex BHC Mercury 

{jBHC Mirex 

o BHC (Lindane) Octachlorostyrene 

BHC PCBs 

Chlordane 

DDD 

DDE 

DDT 

Dieldrin 

Hexachlorobenzene 

Hexachlorobutadiene 

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 ofthis 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. 
PartIl 

Page 16 of29 

Permit No. SC0000876 

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 WaterlWater 

Enforcement 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": 

(1) One hundred micrograms per liter (100 JLg/I); 

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

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

liter (I 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": 

M. Bypass 

(1) Five hundred micrograms per liter (500 JLg/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.l22.44(f). 

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

effiuent 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. 
Part II 

Page 17 of29 

Pennit No. SC0000876 

2. Notice. 

a. Anticipated bypass. If the pennittee mows 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 DHEClBureau of Water I Water 

Facilities Pennitting 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 pennittee for bypass, 

unless: 

(1) Bypass was unavoidable to prevent loss oflife, personal injury, or severe property damage; 

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

retention of untreated wastes, or maintenance during nonnal 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 nonnal periods of 

equipment downtime or preventive maintenance; and 

(3) The pennittee 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 detennines 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 affinnative defense to an action brought for noncompliance with 

such technology based pennit effluent limitations if the requirements of Part II.N.2 ofthis section are met. 

No detennination 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 pennittee who wishes to establish the affinnative 

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

relevant evidence that: 

a. An upset occurred and that the pennittee can identify the cause(s) ofthe upset; 

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

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

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

Page 18 of29 

Pennit No. SC0000876 

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

upset has the burden of proof. 

O. Misrepresentation of Infonnation 

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 infonnation contained in such document is 

true. All application facts certified to by the applicant shall be considered valid conditions of the pennit 

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. 
Part III. Limitations and Monitoring Requirements 

A. Effluent Limitations and Monitoring Requirements 

1. FINAL LIMITS: 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: process wastewater, sanitary wastewater and utility water. 

Such disch. hall be limited and 'ed bvth, "'fied bel - - -

DISCHARGE LIMITATIONS MONITORING 

EFFLUENT CHARACfERISTICS Mass (lbs/day) Other Units (Specify) REQUIREMENTS 

Monthly Daily Monthly Daily Sampling Sample Type Avera2e Maximum Avera2e Maximum Frequen~ 

Flow MR1,MGD MR1,MGD - - Daily Continuous2 

pH - - Min 6.0 su, Max 9.0 su

3 IlWeek Grab 

Biochemical Oxygen Demand (BODs) 8 10,220 20,440 - - 1IWeek 24Hr.Comp. 

Total Suspended Solids (TSS) 21,900 43,800 MRI mg/l MRI mgll llWeek 24 Hr. Compo 

Ammonia -Nitrogen (NH3-N) - - 2 ... 0mgll 4.0mgll I/Quarter 24Hr.Comp. 

Fecal Coliform - - 200/100 ml 400/100 ml 1IMonth Grab 

Color (Effiuent)4 - - - MR1CU 1 Near Grab 

Color (Upstream of Discharge )4,S - - - MR1CU 1 Near Grab 

Color (Instream increaset - - - MR1CU I Near Calculated 

Sulfide6

,7 - - MRI mgll MRI mgll IlMonth Grab -- -- -- -- -

IMR: Monitor and Report 2See Part II.J.t 3See Part I.L. 4See Part V.A.2. 

sThe ambient upstream sample point shall be taken at the plant's water intake structure. 

6See Part V.A.3 7See Part V.A.4. 8See Part V.E.5. 

h. 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. 

• ... c:P"C '"d (II Pl ~ 3 ~ ;4-

:=...~ ~ 

z\Oo 0 ... ......, (ZIN 

()\O 

o 

o 

o 

o 

00 

......:l 

0\ 
Part III 

Page 20 of29 

Permit No. SC0000876 

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 pennittee is 

authorized to discharge from outfall 001: process wastewater, sanitary wastewater and utility water. 

a. S uc hd' ISC h arge s a h 11 b e r Iml 't e d d an mom 't ore db )y th epennl 'tt ee as specl 'fi Ie db eow: I 

DISCHARGE MONITORING 

EFFLUENT LIMITATIONS REQUIREMENTS 

CHARACTERISTICS Quarterly Maximum! Measurement 

Average! Frequency Sample Type 

Ceriodaphnia dubia Chronic Whole MR%2 MR%2 IlPennit Tenn3 24 hour composite IEffluent Toxicity @ CTC = 3% 

Ceriodaphnia dubia Chronic Whole 

IEffluent Toxicity-Reproduction @ MR%2 MR%2 IlPennit Tenn3 24 hour composite 

CTC=3% 

Ceriodaphnia dubia Chronic Whole 

IEmuent Toxicity-7-day Survival MR%2 MR%2 IlPennit Tenn3 24 hour composite 

I@CTC=3% 

IQuarterly average is defmed as the mean of percent effects for all valid tests performed during the monitoring period following the 

procedures given in Part V .B.2 .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.2.d. 

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

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

b. 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. 

c. If only one valid test is conducted during the permit term, 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 any quarter, the mean percent inhibition of all valid tests must be used to demonstrate 

compliance with the quarterly average limit. 

d. 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 ill 

Page 21 of29 

Pennit No. SC0000876 

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 each of the six (6) groundwater monitoring wells (MW -11 S, MW -11 D, MW -12S, 

MW-12D, MW-13S and MW-13D) as specified below: 

PARAMETER MEASUREMENT SAMPLE METHOD FREQUENCY 

Field pH (standard units) Annually Direct Measurement 

Field Specific Conductance (umhos/cm) Annually Direct Measurement 

Water Table Elevation (MSL) Annually Direct Measurement 

Alkalinity (as CaC03, mg/I) Annually Bailer Method 

Chloride (mgll) Annually Bailer Method 

Dissolved Organic Carbon (DOC, mg/l) Annually Bailer Method 

Dissolved Cadmium (mgll) Annually Bailer Method 

Dissolved Chromium (mg/l) Annually Bailer Method 

Dissolved Iron (mg/l) Annually Bailer Method 

Dissolved Lead (mgll) Annually Bailer Method 

Dissolved Mercury (mg/l) Annually Bailer Method 

Ammonia-Nitrogen (NH3-N, mgll) Annually Bailer Method 

Nitrate as N (mgll) Annually Bailer Method 

Total Sodium (mgll) Annually Bailer Method 

Sulfate (mgll) Annually Bailer Method 

2. The permittee shall monitor all groundwater parameters consistent with conditions established by this permit 

during the first calendar quarter (January-March) of each year. 

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

representative aquifer samples. 

4. Groundwater sample collection methods shall be in accordance with the SCDHEC Environmental Quality 

Control Environmental Investigations and Standard Operating Procedures and Quality Assurance Manual 

dated September 2001. 

D. Sludge Monitoring Requirements 

Not applicable to this permit. 

E. Soil Monitoring Requirements 

Not applicable to this permit. 
Part IV 

Page 22 of29 

Pennit No. SC0000876 

Part IV. Schedule of Compliance 

A. Schedule(s) 

Not applicable to this pennit. 

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 23 of29 

Permit No. SC0000876 

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 National Council of the Paper Industry for Air and Stream Improvement, Inc. (NCASI) method in 

NCASI Bulletin Number 253, "An Investigation of Improved Procedures for Measurement of Mill Eflluent 

and Receiving Water," shall be used in measuring the color levels. Prior to determining the color, any 

turbidity should be removed by filtration through a membrane filter having a pore size of 0.80 microns. 

The filter used must be the non-wetted variety. 

The calculated color increase is to be determined as follows: 

Cr = Oe(Ce - Cu) where 

Qu+Qe 

Qe = Effluent Flow (CFS) 

Ce = Effluent Color 

Cu = Upstream River Color 

Qu = Upstream River Flow (CFS) 

Cr = Increase in River Color 

Color samples shall be grab samples with the upstream sample taken at the permittee's water intake. Daily 

values for Qe, Ce, Qu, Cu, and Cr must be submitted with the DMR as a separate attachment and kept 

on-site for inspection by Department personnel. 

3. This permit may be reopened to eliminate monitoring or to include additional monitoring and/or limitations 

for sulfide based on monitoring results obtained. 

4. When the derived permit effluent limitation based on numeric criteria is below the practical quantitation 

limit (PQL), the PQL and analytical method stated below shall be considered as being in compliance with 

the permit limit. Additionally, where the permit requires only monitoring and reporting (MR), the PQL and 

analytical method stated below shall be used for reporting results. 

Parameter Analytical Method PQL 

Sulfide 376.2 0.10 ll!gli 

5. Unless authorized elsewhere in this Permit, the permittee must meet the following requirements concerning 

maintenance chemicals for the following waste streams: once-through noncontact cooling water, 

recirculated cooling water, boiler blowdown water, and air washer water. Maintenance chemicals shall be 

defined as any man-induced additives to the above-referenced waste streams. 

a. Detectable amounts of any of the one hundred and twenty-six priority pollutants is prohibited in the 

discharge, if the pollutants are present due to the use of maintenance chemicals. 

b. Slimicides, algicides and biocides are to be used in accordance with registration requirements of the 

Federal Insecticides, Fungicide and Rodenticide Act. 
Part V 

Page 24 of29 

Pennit No. SC0000876 

c. The use of maintenance chemicals containing bis(tributyltin) oxide is prohibited. 

d. Any maintenance chemicals added to the above-referenced waste streams must degrade rapidly, either 

due to hydrolytic decomposition or biodegradation. 

e. Discharges of maintenance chemicals added to waste streams must be limited to concentrations which 

protect indigenous aquatic popUlations in the receiving stream. 

f. The pennittee must keep sufficient documentation on-site that would show that the above requirements 

are being met. The information shall be made available for on-site review by Department personnel 

during nonnal working hours. 

g. The occurrence of instream problems may necessitate the submittal of chemical additive data and 

pennit modification to include additional monitoring and limitations. 

B. Whole Effluent Toxicity and Other Biological Requirements 

1. Acute Toxicity 

Not applicable to this pennit. 

2. Chronic Toxicity (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 chronic test 

concentration (CTC) of3% and the following test concentrations: 0% (control), 1 %,2%,3%,6% and 

12% effluent. The pennittee 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 detennine pennit compliance. 

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

Estimating Chronic Toxicity ofEflluents and Receiving Waters to Freshwater Organisms," EP N8211R02/013 (October 2002). 

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

Estimating Chronic Toxicity ofEflluents and Receiving Waters to Freshwater Organisms," EP N8211R02/013 (October 2002), Appendix M to estimate the percent effect at the CTC according to the 

equations in d below. 

d. The linear inteIJlOlation estimate of percent effect is (1 -M:, )-100 if the ere is a tested 

M - M J+1 -MJ *C + M J +I -MJ *CTC 

concentration. Otherwise, it is J CJ+I - CJ J CJ +I - C I-------~--~------~~~----- J *100. 

Ml 
Part V 

Page 25 of29 

Permit No. SC0000876 

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

the CTC. Overall percent effect is the greater ofthe 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 LCso. 

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.LA. 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.l.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. 

3. Instream Macroinvertebrate Assessment 

Not applicable to this permit. 

C. Groundwater Requirements 

Groundwater monitoring requirements as detailed in this permit supersede monitoring requirements in the 

approved monitoring plan dated March 25. 1992. The results of groundwater monitoring may justifY the 

application of permit conditions that are different or absent in the existing permit. This permit may be modified 

to address, including but not limited to, any additional parameters, analytical methodologies. and/or monitoring 

wells needed to expand characterization of the prescribed indicator parameters. This condition shall not be 
Part v 

Page 26 of29 

Pennit No. SC0000876 

construed to alter the Department's power or pennittee's responsibilities as set forth in the S.C. Pollution 

Control Act, Section 48-1-50(22). 

D. Sludge Requirements 

1. The pennittee shall apply in writing to the DHEC/Bureau of Water requesting written approval for sludge 

disposal. A letter of acceptance from the facility that will accept the sludge for disposal or reuse shall be 

included with the request. 

2. Odor Control Requirements 

The pennit holder shall use best management practices nonnally associated with the proper operation and 

maintenance of a sludge wastewater treatment site, any sludge storage or lagoon areas, transportation of 

sludges, and all other related activities to ensure that an undesirable level of odor does not exist. 

a. In accordance with R.61-9.504.S0 (Odor Control Requirements were added to Regulation 61-9 on 

December 26, 2003), the pennittee shall prepare an odor abatement plan for the industrial sludge 

treatment sites, any sludge storage or lagoon areas, and land application or land disposal sites. 

Pennittees that land apply sludge must prepare the plan within 180 days of the effective date of this 

regulation. Otherwise, the pennittee has one year to prepare the plan. 

(1) Operation and maintenance practices which are used to eliminate or minimize undesirable odor 

levels in the fonn of best management practices for odor control; 

(2) Use oftreatment processes for reduction of undesirable odors; 

(3) Use of setbacks; 

(4) Contingency plans and methods to address odor problems for the different type of 

disposaVapplication methods used. 

b. The Department may review the odor abatement plan for compliance with R.61-9.S04.S0. The 

Department may require changes to the plan as appropriate. 

c. The pennittee shall not cause, allow, or pennit emission into the ambient air of any substance or 

combinations of substances in quantities that an undesirable level of odor is detennined to result unless 

preventative measures of the type set out below are taken to abate or control the emission to the 

satisfaction of the Department. Should an odor problem come to the attention of the Department 

through field surveillance or specific complaints, the Department may detennine, in accordance with 

section 48-1-120 of the Pollution Control Act, if the odor is at an undesirable level by considering the 

character and degree of injury or interference to: 

(I) The health or welfare of the people; 

(2) Plant, animal, freshwater aquatic, or marine life; 

(3) Property; or 
Part v 

Page 27 of29 

Permit No. SC0000876 

(4) Enjoyment oflife or use of affected property. 

d. Should the Department determine that an undesirable level of odor exists, the Department may require: 

(1) The permittee to submit a corrective action plan to address the odor problem, 

(2) Remediation of the undesirable level of odor within a reasonable timeframe, and 

(3) In an order, specific methods to address the problem. 

e. If the permittee fails to control or abate the odor problems addressed in this section within the specified 

timeframe, the Department may revoke disposaVapplication activities associated with the site or the 

specific aspect ofthe sludge management program. 

f. The odor abatement plan shall be updated and maintained as necessary throughout the life of the permit. 

E. Other Conditions 

1. The permittee shall maintain an all weather access road to the wastewater treatment plant, land application 

areas, and appurtenances at all times. 

2. The wastewater treatment plant shall be assigned a classification of Group N -Biological in the Permit to 

Construct which is issued by the Department. This classification corresponds to an operator with a Grade 

of A-Biological. 

3. The permittee shall monitor all parameters consistent with conditions established by this permit on the 1 st 

Tuesday of every calendar month, unless otherwise approved by this Department. If no discharge occurs on 

this day, the permittee shall collect an effluent sample during the reporting period on a day when there is a 

discharge. If there is no discharge during the entire reporting period, the permittee shall report "no 

discharge" for the reporting period for all parameters. Additional monitoring as necessary to meet the 

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

4. The permittee shall notify the affected downstream water treatment plant( s) of any emergency condition, 

plant upset, bypass or other system failure which has the potential to affect the quality of water withdrawn 

for drinking water purposes. This notification should be made as soon as possible and in anticipation of 

such event, if feasible, without taking away from any response time necessary to attempt to alleviate the 

situation. 

5. A daily effluent limitation on the hydrographic ally controlled release (HCR) given below will restrict the 

discharge. The release of effluent BODs shall not exceed on a daily basis the BODs limit at the 

corresponding river flows (average for a full day), but otherwise shall not exceed a monthly average of 

10,220 lbs/day and a daily maximum of20,440 lbs/day. The following HCR is based on an f-ratio of 4. 72. 

Daily values for allowable BODs (lbs/day, table below) discharged based on river flow, along with the 

measured BOD5 (lbs/d) and the average daily flow of the river, Qr (cfs), shall be reported each monitoring 

period in tabular format as an attaclunent to the DMRs. 
· j,,-;... 

_._--_._.""'""'"'"-. ...,. 

Part v 

Page 28 of29 

Pennit No. SC0000876 

a. For the months of March through October: The pennittee shall comply with the daily effiuent 

limitations at 48% below guideline on the HCR given below until such time as the Department notifies 

the permittee that one of the following has occurred: 

(1) the City ofJohnsonville's (SC0025933) approval to place in operation at 4.5 MGD has been issued 

(the permittee shall then comply with the daily effiuent limitations at 50% below guideline on the 

HCR given below); 

(2) the City of Marion's (SC0046230) approval to place in operation at 10 MGD has been issued (the 

permittee shall then comply with the daily effiuent limitations at 51 % below guideline on the HCR 

given below) or 

(3) the City of Marion's (SC0046230) approval to place in operation at 10 MGD has been issued and 

the CityofJohnsonville's (SC0025933) approval to place in operation at 4.5 MGD has been issued 

(the permittee shall then comply with the daily effiuent limitations at 53% below guideline on the 

HCR given below). 

48% below 50% below 51% below 53% below 

River Flow (els) guideline guideline guideline guideline 

BODs Obs/day) BODs (lbs/day) BODs (lbs/day) BODs (Ibs/day) 

695 < Qr < 1624 8.6 * Qr - 8340 8.9· Qr - 9179 9.1 * Qr - 9690 8.9 * Qr - 9565 

1625 < Qr < 1750 5693 5474 5365 5146 

1750 < Qr < 1820 6116 5897 5788 5569 

1820 < Qr < 1900 6540 6321 6212 5993 

1900 < Qr < 1990 7240 7021 6912 6693 

1990 < Qr < 2080 7579 7360 7251 7032 

2080 < Qr < 2170 8087 7868 7759 7540 

2170 < Qr < 2240 8575 8356 8247 8028 

2240 < Qr < 2450 9062 8843 8734 8515 

2450 < Qr < 2650 10291 10072 9963 9744 

2650 < Qr < 2850 11519 11300 11191 10972 

2850 < Qr < 3050 13977 13758 13649 13430 

3050 < Qr < 3250 15206 14987 14878 14659 

3250 < Qr < 3450 17663 17444 17335 17116 

3450 < Qr < 3650 18901 18682 18573 18354 

3650 < Qr 20440 20440 20440 20440 
Part V 

Page 29 of29 

Permit No. SC0000876 

b. For the months of November through February: 

River Flow (efs) BODs (lbs/day) 

Qr < 1624 3.8* (Qr) 

1625 < Qr < 1750 6292 

1750 < Qr < 1820 6715 

1820 < Qr < 1900 7139 

1900 < Qr < 1990 7839 

1990 < Qr < 2080 8178 

2080 < Qr < 2170 8686 

2170 < Qr < 2240 9174 

2240 < Qr < 2450 9661 

2450 < Qr < 2650 10890 

2650 < Qr < 2850 12118 

2850 < QT' < 3050 14576 

3050 < Qr < 3250 15805 

3250 < Qr < 3450 18262 

3450 < Qr < 3650 19500 

3650 < Qr 20440 

6. There shall be no use of pentachlorophenols or trichlorophenols. 
Smurfit-Stone Container Enterprises, Inc. 

NPDES Permit No. SC0000876 

Permitting Engineer: Melanie Townley 

Facility Rating: Major t8J (EPA review required) 

Minor D (EPA review may be required; see below) 

Permit application included in Attachment 1. 

Facility Address: P.o. Box 100544, Florence, SC 29501 (see map, Attachment 2) 

County: Florence 

Watershed: Basin 04 (pee Dee Basin) 

Issuance (New) D Reissuance D Modification IZJ 

If this application is for a new facility or expansion of an existing facility, an 

antidegradation review may be required per the requirements ofR.61-68.D. 

Facility Description (include SIC code): This facility manufactures unbleached 

kraft linerboard and bag paper. SIC Code is 2631 

Outfalls are discussed in Section III of this rationale with a general description of 

the discharge, treatment system, stream flows and other pertinent information about 

each outfall. 

-tIs any discharge subject to any of the Primary Industry Categories identified in 

R.61-9.122, Appendix A as listed at right? Yes (If yes, EPA review required.) 

Indicate category(ies) applicable and Regulations governing the discharge: Pulp, 

Paper and Paperboard, 40 CFR Part 430 

Receiving Water: 001- Great Pee Dee River 

Receiving Water Classification (see R.61-69 for water classifications): Fresh Water 

Rationale 

Page 1 of37 

Permit No. SC0000876 

October 19,2007 

Primary Industry Categories 

Adhesives and sealants 

Aluminum fonning 

Auto and other laundries 

Battery manufacturing 

Coal mining 

Coil coating 

Copper fonning 

Electrical and electronic components 

Electroplating 

Explosives manufacturing 

Foundries 

Gum and wood chemicals 

Inorganic chemicals manufacturing 

Iron and steel manufacturing 

Leather tanning and finishing 

Mechanical products manufacturing 

Nonferrous metal manufacturing 

Ore mining 

Organic chemicals manufacturing 

Paint and ink formulation 

Pesticides 

Petroleum refining 

Pharmaceutical preparations 

Photographic equipment and supplies 

Plastics processing 

Plastic and synthetic materials manufacturing 

Porcelain enameling 

Printing and publishing 

Pulp and paper mills 

Rubber processing 

Soap and detergent manufacturing 

Steam electric power plants 

Textile Mills 

Timber Products Processing 

~Does any discharge(s) have the potential to affect waters in another state? No (If yes, EPA review required.) 

Is any discharge to Impaired Waters?: Yes 

If Yes, list the monitoring station number and parameter(s) causing impairment: PD-337 (upstream) and PD-076 

(downstream) are impaired for mercury (fish). 

~Average Discharge Flow from outfall with largest average flow: (Qd) (MGD): 13.6 (from permit application) (EPA 

review required for any average discharge exceeding 0.5 MGD) 

~Is this permit for a Federal facility with a daily average flow greater than 0.05 MOD (from all sources)? No (If yes, EPA 

review required.) 

Data from Discharge MonitOring Reports (DMRs) and NPDES permit application (including all subsequent data presented) 

from 9/30/01-12/31/05 has been used to ev:a.luate permit limitations. 
I. GENERAL INFORMATION 

Rationale 

Page 2 of37 

Permit No. SC0000876 

A. The effluent from this facility may be subject to the requirements of any of the following regulations: R.61~9.125, 

129, 133, and 403; 40 CFR Part 136; Subchapter N (40 CFR Parts 400 through 402 and 404 through 471); R.61~ 

9.503, R.61~9.504 and R.61~9.505. 

B. Authority: This permit is written in accordance with applicable laws and regulations including, but not limited to, 

Regulation 61~9, Regulation 61~68, Pollution Control Act and Clean Water Act. 

C. Under R.61~9.124.8 (Fact Sheet), a fact sheet shall be prepared for every draft permit for a major NPDES facility or 

activity, for every Class I sludge management facility, for every NPDES draft permit that incorporates a variance or 

requires an explanation under section 124.56(b), and for every draft permit which the Department finds is the subject 

ofwide~spread public interest or raises major issues. 

D. The conclusions noted in the Rationale establish proposed effluent limitations and permit requirements addressed 

in R.61~9.122.43 (Establishing Permit Conditions), R.61~9.122.44 (Establishing Limitations, Standards and other 

permit conditions) and other appropriate sections ofR.61~9. 

II. RATIONALE GUIDANCE PROCEDURES 

A. The receiving waterbody 7QlO, annual average flow or other critical flow condition at the discharge point, and 

7QlO, annual average flow, or other critical flow condition at the boundary of the source water protection area 

above a proposed or existing drinking water intake (if applicable) are determined by the SCDHEC's Wasteload 

Allocation Section. The 7QlO, Annual Average Flow or other critical flow conditions are based on information 

published or verified by the USGS, an estimate extrapolation from published or verified USGS data or from data 

provided by the permittee. These flows may be adjusted by the Wasteload Allocation Section to account for 

existing water withdrawals that impact the flow. The 7QlO (or 30Q5 if provided by the applicant), annual average 

flow at the discharge point, or other critical flow condition or 7QlO (or 30Q5 if provided by the applicant), annual 

average flow or other critical flow condition at the boundary of the SWP area for a proposed or existing drinking 

water intake will be used to determine dilution factors, as appropriate, in accordance with R.61~68.C.4.a & 4.b for 

aquatic life, human health, and organoleptic effects respectively. 

B. Water and organism consumption and drinking water MCL data will be evaluated as human health values when 

calculating dilution factors. "The Department may, after Notice of Intent included in a notice of a proposed 

NPDES permit in accordance with Regulation 61~9.124.10, determine that drinking water MCLs or W/O shall not 

apply to discharges to those waterbodies where there is: no potential to affect an existing or proposed drinking 

water source and no state-approved source water protection area." For permitting purposes, a proposed drinking 

water source is one for which a complete permit application, including plans and specifications for the intake, is on 

file with the Department at the time of consideration of an NPDES permit application for a discharge that will 

affect or has the potential to affect the drinking water source." See R.61~68.E.14.c(5). The Department defines the 

source water protection (SWP) area to be the primary SWP area delineated by the Source~Water Assessment and 

Protection (SWAP) Program initiated by the EPA and required by the states to identify SWP areas to protect 

drinking water sources. Using the procedure described in the document entitled, "Determination of the Primary 

and Secondary Source~Water Protection Areas for Selected Surface~Water Public~Supply Systems in South 

Carolina, 1999," USGS Water Resource Investigations Report 00-4097, the primary SWP area for a drinking water 

intake is the area which encompasses all 14~digit Hydrologic Unit Code (HUe) basins that adjoin streams, 

tributaries, and reservoirs between an intake and the upstream 1 O~percent exceedance, 24~hour travel distance 

(TOT 10)' The entire basin above a drinking water intake has been designated as the SWP area where the drainage 

area is equal to or less than one HUC basin or is estimated to have less than 24~hours of instream travel time 

between the intake and the HUC basin in the headwaters of the drainage basin. 
Rationale 

Page 3 of37 

Permit No. SC0000876 

C. Application of numeric criteria to protect human health: If separate numeric criteria are given for organism 

consumption, water and organism consumption (W/O), and drinking water Maximum Contaminant Levels 

(MCLs), they shall be applied as appropriate. The most stringent of the criteria shall be applied to protect the 

existing and classified uses of the waters of the State. See R.61-68.E.14.b(I). 

D. Numeric criteria have been established in R.61-68 based on organoleptic data (prevention of undesirable taste and 

odor). For those substances which have aquatic life and/or human health numeric criteria and organoleptic numeric 

criteria, the most stringent ofthe three shall be used for derivation of permit effluent limitations. See R.61-68.E.13. 

E. Sampling Frequency: Samples and measurements taken for the purpose of monitoring shall be representative of the 

monitored activity. Monitoring results must be conducted according to test procedures approved under 40 CFR Part 

136, unless other test procedures have been specified in the permit (R.61-9.122.41). Typically requirements to 

report monitoring results shall be established on a case-by-case basis with a frequency dependent on the nature and 

effect of the discharge but in no case less than once a year (R.61-9.122.44) 

F. Compliance Schedules: 

I. A person issued an NPDES permit by the Department who is not in compliance with applicable effluent standards 

and limitations or other requirements contained therein at the time the permit is issued, shall be required to 

achieve compliance within a period of time as set forth by the Department, with effluent standards and limitations, 

with water quality standards, or with specific requirements or conditions set by the Department. The Department 

shall require compliance with tenns and conditions of the permit in the shortest reasonable period of time as 

determined thereby or within a time schedule for compliance which shall be specified in the issued permit. 

2. If a time schedule for compliance specified in an NPDES permit which is established by the Department, exceeds 

nine (9) months, the time schedule shall provide for interim dates of achievement for compliance with certain 

applicable terms and conditions of the permit. (R.61-9.122.47) 

O. Procedure for establishing effluent limitations: 

1. Effluent limits (mass and concentration) for Five day Biochemical Oxygen Demand (BODs), Ultimate Oxygen 

Demand (UOD), Dissolved Oxygen (DO), Total Anunonia Nitrogen (as N), and Nutrients are established by 

the Wasteload Allocation (WLA) Section, with consideration given to technology-based limitations. 

a. Five day Biochemical Oxygen Demand BODs, Ultimate Oxygen Demand UOD, Dissolved Oxygen DO: 

Effluent limits for conventional oxygen demanding constituents (BODs, UOD and DO) are established to 

protect in-stream water quality and uses, while utilizing a portion of the assimilative capacity of the 

receiving water. The ability of a water body to assimilate oxygen-demanding substances is a function of its 

physical and chemical characteristics above and below the discharge point. Various mathematical 

techniques, called models, have been developed to estimate this capacity. The Department follows the 

procedures as outlined in the "StatelEPA Region IV Agreement on the Development of Wasteload 

Allocations/Total Maximum Daily Loads and NPDES Permit Limitations" dated October 30, 1991 (as 

updated) for determining the assimilative capacity of a given water body. Mathematical models such as 

QUAL2E and QUAL2E-UNCAS are used in accordance with "Enhanced Stream Water Quality Models 

QUAL2E and QUAL2E-UNCAS: Documentation and Users Manual" (EPAl600/3-87/007; dated May 

1987) as updated. BODs and UOD values determined from modeling results will be used in permitting as 

monthly average derived limits (Cw/Q)' Daily maximum derived limits will typically be determined by 

multiplying the monthly average value by two. 
Rationale 

Page 4 of37 

Pennit No. SC0000876 

For facilities subject to effluent guidelines limitations or other technology-based limitations, BOD5 will 

also be evaluated in accordance with the applicable industrial categorical guidelines. These parameters 

will be identified in Part III of this rationale when they are applicable to the pennit. 

b. Total Ammonia Nitrogen (as N): 

Ammonia limitations based on oxygen demand will be determined from modeling information as described 

above. These values will be used as monthly average derived limits and a daily maximum will typically be 

detennined by mUltiplying the monthly average derived limit by two. These values will be compared with 

the ammonia water quality criteria for protection of aquatic life from Regulation 61-68, Attachment 3 and 

any categorical limitations. The more stringent of the limitations will be imposed. Calculations for aquatic 

life criteria and other wasteload recommendations will be shown later in Part III of this rationale when 

ammonia is a pollutant of concern. 

c. Discharges of Nutrients: 

In order to protect and maintain lakes and other waters of the State, consideration is given to the control of 

nutrients reaching the waters of the State. Therefore, in accordance with regulation R.61-68.E.l1, the 

Department controls the nutrients as prescribed below. Nutrient limitations will be determined from the 

best available information and/or modeling performed by the Wasteload Allocation Section to meet these 

water quality standards. 

i. Discharges of nutrients from all sources, including point and nonpoint, to waters of the State shall be 

prohibited or limited if the discharge would result in or if the waters experience growths of 

microscopic or macroscopic vegetation such that the water quality standards would be violated or the 

existing or classified uses of the waters would be impaired. Loading of nutrients shall be addressed on 

an individual basis as necessary to ensure compliance with the narrative and numeric criteria. 

ii. Numeric nutrient criteria for lakes are based on an ecoregional approach which takes into account the 

geographic location of the lakes within the State and are listed below. These numeric criteria are 

applicable to lakes of 40 acres or more. Lakes of less than 40 acres will continue to be protected by 

the narrative criteria. 

1. for the Blue Ridge Mountains ecoregion of the State, total phosphorus shall not exceed 0.02 mg/l, 

chlorophyll a shall not exceed 10 ugll, and total nitrogen shall not exceed 0.35 mgll 

2. for the Piedmont and Southeastern Plains ecoregions of the State, total phosphorus shall not 

exceed 0.06 mgll, chlorophyll a shall not exceed 40 ugll, and total nitrogen shall not exceed 1.50 

mgll 

3. for the Middle Atlantic Coastal Plains ecoregion of the State, total phosphorus shall not exceed 

0.09 mg/l, chlorophyll a shall not exceed 40 ugll, and total nitrogen shall not exceed 1.50 mg/l. 

iii. In evaluating the effects of nutrients upon the quality oflakes and other waters of the State, the 

Department may consider, but not be limited to, such factors as the hydrology and morphometry of the 

waterbody, the existing and projected trophic state, characteristics of the loadings, and other control 

mechanisms in order to protect the existing and classified uses of the waters. 
Rationale 

Page 5 of37 

Pennit No. SC0000876 

iv. The Department shall take appropriate action, to include, but not limited to: establishing numeric 

effluent limitations in permits, establishing Total Maximum Daily Loads, establishing waste load 

allocations, and establishing load allocations for nutrients to ensure that the lakes attain and maintain 

the above narrative and numeric criteria and other applicable water quality standards. 

v. The criteria specific to lakes shall be applicable to all portions ofthe lake. For this purpose, the 

Department shall define the applicable area to be that area covered when measured at full pool 

elevation. 

2. Effluent concentration limits (CejJl;",) for parameters other than the parameters listed in G .l.a-c above are 

established using the following procedures: 

Q7QJO 7Q 1 0 or other critical flow condition of the receiving water at the discharge point in mgd. 

(may require adjustment for withdrawals) 

AAFd Average Annual Flow (AAF) or other critical flow condition of the receiving water at the 

discharge point in mgd. (may require adjustment for withdrawals) 

Q7QJOj 7QlO or other critical flow condition of the receiving water at the SWP Area boundary in mgd. 

AAF, Average Annual Flow (AAF) of the receiving water at the SWP Area boundary in mgd. 

Qd Long term average discharge flow in mgd. 

a. Determine dilution factors: 

The following information is to be used (where applicable) for establishing effluent concentration limits: 

DFt : Dilution factor based on 7QlO or other critical flow condition of the receiving water at the 

discharge point (Q7QJO). This dilution factor is used to determine the derived limits for protection of 

the following aquatic life and human health concerns for the reasons indicated: 

i. Aquatic Life (see R.61-68.CA.a(1». Protection of aquatic life on a short-term basis is needed 

at the point where aquatic organisms become exposed to the discharge. 

ii. Human Health ~ Organism Consumption for parameters identified as non-carcinogens per 

R.61-68.CA.b(1). Protection for human health on a short-term basis for consumption of 

aquatic organisms is needed at the point the aquatic organisms become exposed to the 

discharge. 

DF2: Dilution factor, at the discharge point, based on the Average Annual Flow ofthe receiving water at 

the discharge point (AAFd). This dilution factor is used to determine the derived limits for 

protection of the following human health and organoleptic concerns for the reasons indicated: 

i. Human Health ~ Organism Consumption for parameters identified as carcinogens per R.61-

68.CA.b(1). Protection for human health on a long-term basis to prevent cancer due to 

consumption of aquatic organisms is needed at the point the aquatic organisms become 

exposed to the discharge where it enters the receiving water. 

ii. Organoleptic effects per R.61-68.CA.b(1). Protection for taste and odor issues related to the 

discharge is needed at the point where the discharge enters the receiving water. 
Rationale 

Page 6 of37 

Permit No. SC0000876 

DF3: Dilution factor based on the 7Q 10 or other critical flow condition at the source water protection 

area boundary for protection of a proposed or existing water intake downstream of the discharge 

(Q7Qlot). This dilution factor is used to determine the derived limits for protection of the follOwing 

human health concerns for the reasons indicated: 

i. Human Health - Water and Organism Consumption for parameters identified as noncarcinogens per R.61-68.CA.b(1) and E.14.c(5) to protect for short-term health effects when 

the discharge is above any drinking water intake. Protection of human health relative to 

drinking the water from the waterbody and consuming aquatic organisms from the same 

waterbody is provided by this criterion, but drinking the water withdrawn from the waterbody 

may require a potentially higher level of protection in terms of applicable dilution than 

consumption of organisms. In addition, to satisfy the requirements of R.61-68.C.IO(a), the 

Department has determined that dilution at the boundary of the Source Water Protection area 

will protect the source water protection area and drinking water intake to meet this 

requirement. 

For discharges except those to lakes affecting the primary source water protection (SWP) area, 

dilution will be determined using the largest flow (7QI0 or annual average flow, as 

appropriate) associated with any Tono point along the SWP area boundary upstream of the 

drinking water intake of concern. For discharges to lakes affecting the primary SWP area, 

dilution will be determined using the sum of the flows (7Q 1 0 or average annual flow, as 

appropriate) associated with all TOnO point(s) along the SWP area boundary upstream of the 

drinking water intake of concern. If multiple drinking water intakes are present below the 

discharge, the SWP area of the intake closest to the discharge will be protected. If the entire 

basin is designated as the SWP area, the boundary will be the Ton 0 at the beginning of the 

basin, even ifit is outside the State boundaries (e.g. North Carolina). 

ii. Human Health - Drinking Water Maximum Contaminant Level (MCL) for parameters 

identified as non-carcinogens per R.61-68.C.4.b(1) and E.14.c(5) to protect for short-term 

health effects when the discharge is above any drinking water intake. Protection of human 

health relative to drinking the water from the waterbody after conventional treatment per R.61-

68.G is provided by this criterion. In addition, to satisfy the requirements of R.61-68.C.IO(a), 

the Department has determined that dilution at the boundary of the Source Water Protection 

area will protect the source water protection area and drinking water intake to meet this 

requirement. 

For discharges except those to lakes affecting the primary source water protection (SWP) area, 

dilution will be determined using the largest flow (7QI0 or annual average flow, as 

appropriate) associated with any TOT 1 0 point along the SWP area boundary upstream of the 

drinking water intake of concern. For discharges to lakes affecting the primary SWP area, 

dilution will be determined using the sum of the flows (7QIO or average annual flow, as 

appropriate) associated with all Ton 0 point(s) along the SWP area boundary upstream of the 

drinking water intake of concern. If multiple drinking water intakes are present below the 

discharge, the SWP area of the intake closest to the discharge will be protected. If the entire 

basin is deSignated as the SWP area, the boundary will be the TOTIO at the beginning of the 

basin, even ifit is outside the State boundaries (e.g. North Carolina). 
Rationale 

Page 7 of37 

Permit No. SC0000876 

DF4: Dilution factor based on the Average Annual Flow at the source water protection area boundary 

for protection of a proposed or existing water intake downstream of the discharge (AAFj ). 

This dilution factor is used to determine the derived limits for protection of the following human 

health concerns for the reasons indicated: 

i. Human Health-Water and Organism Consumption for parameters identified as carcinogens 

per R.61-68.CA.b(1) and E.14.c(5) to protect for long-term health effects due to cancer when 

the discharge is above any drinking water intake. Protection of human health relative to 

drinking the water from the waterbody and consuming aquatic organisms from the same 

waterbody is provided by this criterion, but drinking the water withdrawn from the waterbody 

may require a potentially higher level of protection in terms of applicable dilution than 

consumption of organisms. In addition, to satisfy the requirements of R.61-68.C.1O(a), the 

Department has determined that dilution at the boundary of the Source Water Protection area 

will protect the source water protection area and drinking water intake to meet this 

requirement. 

For discharges except those to lakes affecting the primary source water protection (SWP) area, 

dilution will be determined using the largest flow (7QlO or annual average flow, as 

appropriate) associated with any TOTIO point along the SWP area boundary upstream of the 

drinking water intake of concern. For discharges to lakes affecting the primary SWP area, 

dilution will be determined using the sum of the flows (7QlO or average annual flow, as 

appropriate) associated with all TOTlO point(s) along the SWP area boundary upstream of the 

drinking water intake of concern. If multiple drinking water intakes are present below the 

discharge, the SWP area of the intake closest to the discharge will be protected. If the entire 

basin is designated as the SWP area, the boundary will be the TOTIO at the beginning of the 

basin, even if it is outside the State boundaries (e.g. North Carolina). 

ii. Human Health - Drinking Water Maximum Contaminant Level (MCL) for parameters 

identified as carcinogens per R.61-68.CA.b(1) and E.14.c(5) to protect for long-term health 

effects due to cancer when the discharge is above any drinking water intake. Protection of 

human health relative to drinking the water from the waterbody and consuming aquatic 

organisms from the same waterbody is provided by this criterion, but drinking the water 

withdrawn from the waterbody may require a potentially higher level of protection in terms of 

applicable dilution than consumption of organisms. In addition, to satisfy the requirements of 

R.61-68.C.lO(a), the Department has determined that dilution at the boundary of the Source 

Water Protection area will protect the source water protection area and drinking water intake 

to meet this requirement. 

For discharges except those to lakes affecting the primary source water protection (SWP) area, 

dilution will be determined using the largest flow (7QIO or annual average flow, as 

appropriate) associated with any TOTIO point along the SWP area boundary upstream of the 

drinking water intake of concern. For discharges to lakes affecting the primary SWP area, 

dilution will be determined using the sum of the flows (7QlO or average annual flow, as 

appropriate) associated with all TOTlO point(s) along the SWP area boundary upstream of the 

drinking water intake of concern. If multiple drinking water intakes are present below the 

discharge, the SWP area of the intake closest to the discharge will be protected. If the entire 
Rationale 

Page 8 of37 

Pennit No. SC0000876 

basin is designated as the SWP area, the boundary will be the Ton 0 at the beginning of the 

basin, even if it is outside the State boundaries (e.g. North Carolina). 

b. Detennine monthly average derived limits using the following procedures: 

WQSQ , Freshwater Standard (based on an established criteria or other published data per R.61-68) for 

protection of Aquatic Life; may be a CCC or CMC as defined below 

WQS"", Standard (based on an established criteria or other published data per R.61-68), for protection of 

Human Health - Organism Consumption 

WQS..., Standard (based on an established criteria or other published data per R.61-68), for protection of 

Human Health - Water & Organism Consumption. Applicable only if any portion of the mixing 

zone for this discharge is in a state-approved source water protection area for a proposed or 

existing water intake downstream of the discharge point. 

WQSm<1 Standard (based on an established criteria or other published data per R.61-68), for Drinking 

Water MCL (Maximum Contaminant Level). Applicable only if any portion of the mixing zone 

for this discharge is in a state-approved source water protection area for a proposed or existing 

water intake downstream of the discharge point. 

WQSoI: Standard (based on an established criteria or other published data per R.61-68), based on 

Organoleptic Data. 

Caql/fe Concentration limit derived from aquatic life data 

CHH Concentration limit derived from human health data as determined from organism (Co,!), 

water/organism (C...,)and MCL (Cmcl) data 

COl Concentration limit derived from organoleptic data 

Cb Background concentration of the concerned parameter in mg/l is typically detennined from 

ambient monitoring data or data provided by applicant. The 90th percentile of ambient monitoring 

data for aquatic life protection for the parameters identified in the Appendix (Water Quality 

Numeric Criteria) to Regulation 61-68 from the last 3 years, or whatever is available if less than 3 

years, will typically be used per the procedures used for 303(d) listing. The median value of 

ambient monitoring data for human health protection for the parameters identified in the Appendix 

(Water Quality Numeric Criteria) to Regulation 61-68 from the last 3 years, or whatever is 

available if less than 3 years, will typically be used per the procedures used for 303( d) listing. The 

background concentration is assumed to be zero (0) in the absence of actual data based on 

Departmental guidance and EPA recommendation. 

i. Detennine the derived limit for protection of Aquatic Life (Caql/fe) 

1. The following guidelines apply to determining aquatic life limits: 

a. Typically, the Criterion Maximum Concentration (CMC) is applied as a daily maximum 

derived limit and the Criterion Continuous Concentration (CCC) is applied as a monthly 

average derived limit, after consideration of dilution and background concentrations. 

Exceptions exist based on EPA criteria and are indicated for specific parameters. The CMC 

and CCC for specific metals will be adjusted using the procedures in 60 FR 22229, "Water 

Quality Standards; Establishment of Numeric Criteria for Priority Toxic Pollutants; States' 

Compliance-Revision of Metals Criteria," May 4, 1995 and the "Technical Guidance on 

Interpretation and Implementation of Aquatic Life Metals Criteria," Oct. 1, 1993 and applied 
Rationale 

Page 9 of37 

Pennit No. SC0000876 

as a daily maximum and monthly average, respectively, after consideration of dilution and 

background concentrations. 

b. If only a CMC exists for a particular parameter, a daily maximum derived pennit limit only 

(no monthly average) will be set using that value, after consideration of dilution and 

background concentrations. If only a CCC is given, it will be used as a monthly average 

derived limit and the daily maximum derived limit will be two (2) times the value obtained for 

the monthly average based on a simplified statistical procedure for determining pennit limits 

recommended in Section 5.4.2 of the US EPA's "Technical Support Document for Water 

Quality-based Toxics Control", EPAl505/2-90-001, March 1991 (hereafter known as the 

TSD). 

c. If only an acute toxicity effect concentration for a number of species for a particular pollutant 

is given.as a LCso, the lowest concentration should be divided by an acute-to-chronic ratio 

(ACR) of 10 and a sensitivity factor of 3.3, for an acceptable instream concentration in order 

to protect against chronic toxicity effects (from R.61-68.E.16.a(I». Other acute toxicity data 

will be handled similarly. The value obtained from this calculation will be used as a monthly 

average derived limit after consideration of dilution and background concentrations. The daily 

maximum will be two (2) times the value obtained for the monthly average based on a 

simplified statistical procedure for determining pennit limits recommended in Section 5.4.2 of 

the TSD. 

d. If a chronic toxicity effect concentration for a number of species for a particular pollutant is 

given as a no observed effect concentration (NOEC), the lowest concentration should be 

divided by a sensitivity factor of 3.3 in order to protect against chronic toxicity to the most 

sensitive species (from R.61-68.E.16.a(2». Other chronic toxicity data will be handled 

similarly. The value obtained from this calculation will be used as a monthly average derived 

limit after consideration of dilution and background concentrations. The daily maximum will 

be two (2) times the value obtained for the monthly average based on a simplified statistical 

procedure for determining permit limits recommended in Section 5.4.2 of the TSD. 

e. If both acute and chronic data are available for a particular pollutant, monthly average derived 

limit will be calculated as in c and d above for each acute and chronic, respectively. The more 

stringent of the monthly average derived limits will be the monthly average derived limit used 

after consideration of dilution and background concentrations. The daily maximum will be 

two (2) times the value obtained for the monthly average based on a simplified statistical 

procedure for determining permit limits recommended in Section 5.4.2 of the TSD. 

2. Consider the background concentration (Cb) of the parameter of concern. If the background 

concentration is equal to or greater than the applicable standard (WQS, as defined above) for the 

parameter of concern, then the derived concentration limit (Cql/f<) for that parameter and for the 

protection of that standard, is established equal to the standard (WQS). An exception exists where 

the naturally occurring instream concentration for a substance is higher than the derived permit 

effluent limitation. In those situations, the Department may establish permit effluent limitations 

(Ceffllm) at a level higher than the derived limit, but no higher than the natural background 

concentration. In such cases, the Department may require biological instream monitoring and/or 

whole effluent toxicity (WET) testing (See R.61-68.E.14.c(2». i.e. 

If Cb is not based on naturally occurring concentrations and 

C b ~ WQS 
Then, generally, 

Caqlife = WQS. 

If Cb is based on naturally occurring concentrations and 

C b ~ WQS 

Then, generally, 

Caqlife < Ceff1im < Cb • 

Rationale 

Page 10 of37 

Permit No. SC0000876 

Otherwise, the limits are established as described in Item 3 or 4 below. 

3. For the parameters listed in Table A below, Regulation R.61-68.E.14.c(4) provides for the use of 

the EPA Office of Water Policy and "Technical Guidance on Interpretation and Implementation of 

Aquatic Life Metals Criteria", October 1, 1993. A subsequent revision published in the Federal 

Register (60 FR 22229) on May 4, 1995 updated the data in the original report. See R.61-68 

Attachment 1 "Conversion Factors for Dissolved Metals" and Attachment 2 "Parameters for 

Calculating Freshwater Dissolved Metals Criteria that are Hardness-Dependent". The following 

equations and constants will be used to calculate aquatic life metals limits based on the Federal 

Register data. The water quality standard for these metals (CCC or CMC) will also be adjusted 

using this approach in accordance with Regulation 61-68.E.14.d(3) for evaluation of ambient 

water quality. 

TSS. 

TSSavg 

CF 

H 

Effluent Total Suspended Solids (TSS) concentration in mg/l from actual or proposed 

monthly average permit limits. 

Background or in-stream Total Suspended Solids (TSS) concentration. The background 

TSS is assumed to be 1 mgll in the absence of actual instream data based on· the 5th 

percentile of ambient TSS data on South Carolina waterbodies from 1993-2000. 

Average in-stream (mixed) TSS concentration. 

Conversion factor considered most relevant in fresh water for aquatic life as defined by 

EPA in dissolved metals documents for each listed metal 

Hardness in mg/1 ofCaC03• Per R.61-68.E.14.a(3), the CMC and CCC are based on a 

hardness of 25 mgll if the ambient hardness is less than 25 mgll. Concentrations of 

hardness less than 400 mgll may be based on the actual mixed stream hardness if it is 

greater than 25 mg/l and less than 400 mgll and 400 mgll if the ambient hardness is 

greater than 400 mg/l. The background hardness is assumed to be 25 mg/l in the absence 

of actual stream data. Mixed stream hardness may be determined using effluent hardness 

and actual stream hardness. 

Metal-specific eqUilibrium constant 

Metal-specific constant 

Linear partition coefficient 

Linear partition coefficient for use in the derivation of an adjusted water quality standard 

Dissolved phase metal concentration 

Total metal concentration 

a constant to represent the CCC or CMC 

The following table lists the values for the constants, the CCC and CMC, and the recommended values of 

the conversion factors (CF). 
Table A 

Rationale 

Page 11 of37 

Permit No. SC0000876 

Parameter kpo a CMC CFCMC CCC CFccc 

("gil) ("gil) 

Arsenic 0.48 x 106 -0.7286 340 100 150 100 

Cadmium 4.00 x 106 -1.1307 0.53* 100* 0.10* 96.7* 

Chromium+3 3.36 x 106 -0.9304 580* 31.6 28* 86 

Chromium+6 3.36 x 106 -0.9304 16 98.2 11 96.2 

Copper 1.04 x 106 -0.7436 3.8* 96 2.9* 96 

Lead 0.31 x 106 -0.1856 14* 99.3* 0.54* 99.3* 

Mercury 2.91 x 106 -1.1356 1.6 85 0.91 85 

Nickel 0.49 x 106 -0.5719 150* 99.8 16* 99.7 

Zinc 1.25 x 106 -0.7038 37* 97.8 37* 98.6 

* The equations for calculating the CCC, CMC, and converSlOn factors are glVen In the Appendix to Regulation 

61-68 and Attachments land 2 for each parameter. The values given for the CMC and CCC and CF in the 

table are based on 25 milligrams/liter (mg/l) hardness (as expressed as CaCO). 

From Technical Guidance Manual for Performing Waste Load Allocations Book II. Rivers 

and Streams, EP Al440/484/022: 

S=CCCorCMC 

Cd =SxCF 

To determine the adjusted water quality standard (WQSa/), use S and the equation for Cd 

above and the following equations: 

To determine the effluent limit (Caqlife) , use S and the equation for Cd above and the 

following equations: 

K p = K pa x ( TSS avg) a 

Once Ct has been calculated, it is multiplied by DFJ and background concentrations are 

accounted for to obtain the monthly average derived limit (Caqlife): . 
{ (

Q7QIO]} Caq1i/e = (Ct xDF;.)- Cb x Q. 

Rationale 

Page 12 of37 

Pennit No. SC0000876 

4. For all other parameters not included in paragraph 3, Table A, monthly average derived limits 

(Caq1i/e) for aquatic life protection are calculated as follows: 

ii. Determine derived limit for protection of Human Health 

I. The follOwing guidelines apply to determining human health limits: 

a. The human health criterion given by Regulation 61-68 will be applied as a monthly 

average derived limit after consideration of dilution and background concentrations (CHHavg). Exceptions exist based on EPA criteria and are indicated for specific parameters. No 

limits on human health based on water and organism consumption or drinking water 

MCLs will be imposed if there is no potential to affect a drinking water intake or source 

water protection area (i.e., if there is no intake downstream of the discharge). 

b. The daily maximum permit limit will be determined from the monthly average value from 

(a) above and a multiplier (M) determined using a statistical procedure recommended in 

Section 5.5 using average == 95th percentile from Table 5-3 in the TSD. The permitted or 

proposed number of samples per month (n) is used with the coefficient of variation (CV) 

to determine M. CV is assumed to be 0.6 as a default value if infonnation is not known. 

where: 

2 (CV2 J an =In -n-+I 

a 2 =In(CV2 +1) 

CV ffi · f .. fth fn . Std. Deviation == coe IClent 0 vanatlon 0 e e uent concentratIon = ------

Mean 

n = the number of effluent samples per month (where frequency is less than 

lImonth, n = 1) 

z., = the percentile exceedance probability for the daily maximum pennit limit 

(=2.326 for 99th percentile basis) 

z. = the percentile exceedance probability for the monthly average permit limit 

(=1.645 for 95th percentile basis) 
Rationale 

Page 13 of37 

Pennit No. SC0000876 

2. Consider the background concentration (Cb) of the parameter of concern. If the background 

concentration is equal to or greater than the applicable standard (WQS, as defined above) for the 

parameter of concern, then the derived concentration limit (CHHe) for that parameter and for the 

protection of that standard, is established equal to the standard (WQS). An exception exists where 

the naturally occurring instream concentration for a substance is higher than the derived permit 

effluent limitation. In those situations, the Department may establish permit effluent limitations 

(CejJII",) at a level higher than the derived limit, but no higher than the natural background 

concentration. In such cases, the Department may require biological instream monitoring and/or 

whole effluent toxicity (WET) testing (See R.61-68.E.14.c(3». 

If Cb is not based on naturally occurring concentrations and 

C b ~ WQS 

Then, generally, 

CHH =WQS. 

If Cb is based on naturally occurring concentrations and 

C b ;::: WQS 

Then, generally, 

C HH < Cefflim < Cb • 

Otherwise, the limits are established as described in Items 3-6 below. 

3. Human Health - Organism Consumption (Corg). 

a. For Carcinogens 

The Monthly Average is calculated as follows: 

Coo< = (DF, x WQS""l -{c, x( ~d J} 

b. For Non-carcinogens 

The Monthly Average is calculated as follows: 

C"" = (DE; x WQSoo<l -{c, x( Q~ .. J} 

4. Human Health - Water and Organism Consumption (C...,) 

a. For Carcinogens 

The Monthly Average is calculated as follows: 

C_ =(DF,XWQS_l-{C,x( ~J} 

b. For Non-carcinogens 

The Monthly Average is calculated as follows: 
Rationale 

Page 14 of37 

Permit No. SC0000876 

5. Human Health - Drinking Water Maximum Contaminant Level (MCL) (Cmcl). 

a. For Carcinogens 

The Monthly Average is calculated as follows: 

b. For Non-carcinogens 

The Monthly Average is calculated as follows: 

6. Organoleptic criteria (Col). 

The Monthly Average is calculated as follows: 

c. Determine most stringent of applicable data using the monthly average derived limits determined or 

calculated above: 

C<ff/Im = minimum of (Coqi/fo, Co"" Cwo, Cmci, Col, C",,) 

Note: If a CMC is present for the parameter of concern, the daily maximum derived limit obtained 

from that calculation must also be considered under reasonable potential. 

d. Determine whether the discharge causes, has the reasonable potential to cause or contributes to a water 

quality violation. 

Regulation 61-9.l22.44(d)(1)(i) states: "Limitations must control all pollutants or pollutant parameters 

(either conventional, nonconventional, or toxic pollutants) which the Department determines are or may be 

discharged at a level which will cause, have the reasonable potential to cause, or contribute to an excursion 

above any State water quality standard, including State narrative criteria for water quality." 

When determining whether a discharge causes, has the reasonable potential to cause or contributes to an 

instream excursion, the Department will use procedures which account for controls on point and nonpoint 

sources of pollution, the variability of the pollutant in the effluent, the sensitivity of the species to toxicity 

testing (when evaluating whole effluent toxicity), and, where appropriate, the dilution of the effluent in the 

receiving water (R.61-9.122.44(d)(1)(ii». 
Rationale 

Page 15 of37 

Permit No. SC0000876 

Based on the above statements, there are three scenarios when limitations are required, as follows: 

i. When data provided by the permit applicant indicates values greater than the proposed limitation 

derived above, that discharge will ~ an excursion above a narrative or numeric water quality 

criterion. 

ii. A discharge will be determined to contribute to an excursion of a water quality criterion when the 

waterbody is impaired (e.g., on the 303(d) list) for the parameter of concern and that parameter is also 

being discharged at levels above the water quality criterion. 

iii. Reasonable potential to cause a water quality violation is determined using the following information: 

Chapter 3 of the TSD provides information for determining the need for permit limits based on the 

regulatory statements above. A statistical procedure is also presented in Chapter 3 for use in 

determining reasonable potential from effluent data. Other statistical methods may be used as well to 

evaluate data sets. "National Guidance for the Permitting, Monitoring, and Enforcement of Water 

Quality-Based Effluent Limitations Set Below Analytical DetectioniQuantitation Level" draft dated 

March 22, 1994, offers recommendations on how to interpret data below detection capabilities to make 

a reasonable potential analysis. 

All pollutants given in a wasteload allocation or an effluent limitation guideline will be limited in the 

permit. 

When effluent data consists of non-quantifiable/non-detectable values or when no effluent data is 

available, other factors and information are considered to determine reasonable potential. In situations 

where a pollutant is known to be present in the waste stream (due to production data or other 

information), we know it is being discharged and has the potential to impact even though it may not be 

quantifiable. The fact that it is present will be enough information to say reasonable potential exists for 

that pollutant. Therefore, a reasonable potential decision is based on various data and information, and 

not just non-quantifiable/non-detectable data. Consideration is given to existing data, dilution in the 

waterbody, type of receiving water, designated use, type ofindustry/wastestream, ambient data, history 

of compliance, and history of toxic impact. If any source of information indicates reasonable potential 

to cause or contribute to an exceedance of the water quality standard, a water quality limit will be 

developed. 

Note: The result of the following calculations may indicate that reasonable potential does not 

exist. However, as stated above. other information may "override" this numerical 

determination to justify the need for a limit. 

1. The procedure for determining reasonable potential from actual effluent data is explained in Box 

3-2 on page 53 of the TSD. Multiplying factors are determined from Table 3-2 at a 95% 

confidence level and 95% probability in Section 3.3.2. The following describes the procedures 

used for determining reasonable potential for chemical-specific parameters and WET, under 

certain circumstances. More information on determining reasonable potential for WET is given in 

Item 2 below. 

Step 1: Data Analysis: The statistical calculations involved in the "Reasonable Potential" analysis 

require discrete numerical data. The follOwing describes how the effluent data will be used in 

determining reasonable potential. 
Rationale 

Page 16 of37 

Permit No. SC0000876 

Actual analytical results should be used whenever possible. Results less than detection and 

quantification should be used as follows: 

a. If the permittee reports results below the practical quantitation limit (PQL) (as defined by 

the permit), then the reported "less than PQL" value for a given sample is generally 

assumed to be zero. 

b. If the permittee uses a detection/quantification level that is greater than the PQL, then the 

reported "less than" value for a given sample is generally assumed to be a discrete value 

equal to the detection/quantification level used by the permittee. 

c. If the reported data consists of both discrete and non-discrete values and/or the data is 

reported using varying detection/quantification levels, then, generally, a combination of 

the above two approaches is used, or the data is evaluated in a manner that is most 

appropriate for that data set. 

Note: For information on the acceptable analytical methods and PQLs please refer to 

NPDES permit application attachment titled "Practical Quantitation Limits (PQL) and 

Approved Test Methods." 

Step 2: Using data from the permit application, other data supplied by the applicant and/or Discharge 

Monitoring Report (DMR) data, determine the total number of observations (n) for a particular 

set of effluent data and determine the highest value (COl"') from that data set. For the monthly 

average comparison, the data set will include monthly average results and n will be the number 

of months in which they sampled in the time period being evaluated. When there is also a 

daily maximum comparison, the data set will include daily maximum results and n will be the 

total number of samples in the time period being evaluated. Individual results may not 

necessarily be used in the calculation. 

Step 3: Determine the coefficient of variation (CV) for the data set. For a data set where n>lO, the CV 

is calculated as standard deviation divided by mean for the data set being evaluated. For data 

set where n<lO, the CV is estimated to equal 0.6. For less than 10 items of data, the 

uncertainty in the CV is too large to calculate a standard deviation or mean with sufficient 

confidence. 

CV = 0.6 for n < 10 

CV = (j for n > 10 

J1 

where: a = Standard Deviation of the samples 

J1 = Mean of the samples 

Step 4: Determine the appropriate multiplying factor (MF) from either Table 3-2 or using the formulae 

in Section 3.3.2 of the TSD. 

a. Determine the percentile represented by the highest concentration in the sample data. 

P n = (1- Confidence Level) I / n 
Rationale 

Page 17 of37 

Pennit No. SC0000876 

where: p. = Percentile represented by the highest concentration in the data 

n = number of samples 

Confidence Level = 0.95 i.e. 95% 

b. Detennine the mUltiplying factor (MF), which is the relationship between the percentile 

described above (Cp) and the selected upper bound ofthe lognormal effluent distribution, 

which in this case will be the 95th percentile (Cos). 

where: Z9S is the standardized Z-score for the 95th percentile of the standardized 

normal distribution = 1.645 

Zp is the standardized Z-score for the p,h percentile of the standardized nonnal 

distribution. ( detennined in (b) above) 

Note: The values of Z-scores are listed in tables for the normal distribution. If using 

Microsofi® Excel, this can be calculated using the NORMSINV function. 

Step 5: Multiply the highest value from the data set (C .. ",) by the multiplying factor (MF) determined 

in Step 4 to obtain the maximum receiving water concentration (R WC). 

RWC = Cmax xMF 

Step 6: RWC SDerived monthly average limit (C""lIm) implies that a reasonable potential does not 

exist. 

R WC > Derived monthly average limit (CejJl",,) implies that a reasonable potential exists. 

Note: If a CMC is available for a given parameter, the daily maximum value will be used in 

addition to the monthly average for a detennination of reasonable potential. 

2. Reasonable potential for WET may be detennined from numerical data using one of the following 

procedures: 

a. When the effluent data is given in tenns of percent effluent as an IC25, LCso and/or NOEC 

values: 

Step 1: Convert the given values to toxic units: TU. for acute data and TU for chronic data, 

respectively, using the following fonnulae. Please note that an NOEC derived using the 

IC25 is approximately the analogue of an NOEC derived using hypothesis testing. The IC2s 

is the preferred statistical method for determining the NOEC (EPA TSD, March 1991, 

p.6). 
TU = 100 a LC

so 

TU = 100 

e NOEC 

or TUe = 100 ifIC25 available 

IC2s 

Rationale 

Page 18 of37 

Pennit No. SC0000876 

Step 2: Using DMR data or other data provided by the applicant, detennine the total number of 

observations (n) for a particular set of effluent data and determine the highest value (TUa, 

max or rUe, n .. ~) from that data set. 

Step 3: Determine the coefficient of variation (CV) for the data set. For a data set where n>lO, the 

CVis calculated as standard deviation divided by mean. For data set where n<10, the CV 

is estimated to equal 0.6. For less than 10 items of data, the uncertainty in the CV is too 

large to calculate a standard deviation or mean with sufficient confidence. 

Step 4: Detennine the appropriate multiplying factor (MF) from either Table 3-2 or using the 

fonnulae in Section 3.3.2. (see iii. I, Step 4 above). 

Step 5: Multiply the highest value of ru., max or rUe, max from the data set by the mUltiplying factor 

(MF) determined in Step 4 and the dilution at the edge of the mixing zone (the test 

concentration obtained from mixing zone modeling or demonstration) to obtain the 

maximum receiving water concentration (R WC) 

RWC for Acute Toxicity = [TU., max'" MF'" cone. at MZ boundary} 

RWC for Chronic Toxicity = [Tv;" max'" MF ... cone. at MZ boundary] 

Step 6: RWC for Acute Toxicity '5f).3TU. implies that a reasonable potential does not exist 

RWC for Acute Toxicity> O.3TU. implies that a reasonable potential exists 

RWC for Chronic Toxicity '51.0TUe implies that a reasonable potential does not exist 

RWC for Chronic Toxicity> 1. OTUe implies that a reasonable potential exists 

b. When pass/fail effluent data only is available and all tests have passed, the Department may be 

able to determine reasonable potential in a manner similar to Item I above assuming the test 

concentration of interest is greater than or equal to the concentration at which the permittee 

has tested. If the pennittee has not tested at or above the test concentration of interest, the 

Department cannot say that reasonable potential does not exist, unless perhaps, circumstances 

related to the discharge have changed. If any failures exist in the data set that cannot be 

removed, reasonable potential may be determined to exist. 

c. Other methods for detennining reasonable potential may be used if appropriately justified. 

e. Detennine permit limits based on water quality data 

i. When the discharge is detennined to cause or have the reasonable potential to cause a water quality 

violation for a particular parameter, except WET, limits are needed. Limits are typically based on the 

monthly average values calculated from G.2.c above. However, daily maximum values may be 

evaluated under reasonable potential under certain circumstances. If reasonable potential exists for 

either average or maximum derived limits, limits on both are needed per Regulation 61-9.1 22.45(d). 
Rationale 

Page 19 of37 

Pennit No. SC0000876 

1. If the monthly average from G.2.c is based on a wasteload allocation for oxygen-demanding 

pollutants and nutrients and 

a. no CMC exists, the water quality limits are 

monthly average = C..,. 

daily maximum = 2 xC..,. 

b. a CMC exists (for ammonia), the water quality limits are 

monthly average = C ... 

and the daily maximum is the most stringent of 

daily maximum = 2 x C ... 

or 

daily maximum = Caq/;fe-<lm using CMC as WQS in G.2.b.i.3 or 4 

2. If the monthly average from G.2.c is based on aquatic life data given as a CCC, if the discharge 

causes, has the reasonable potential to cause or contributes to a water quality violation based on 

the monthly average and a CMC also exists for the parameter, the water quality limits are 

monthly average = Caq'/f<_m.using CCC as WQS in G.2.b.i.3 or 4 

daily maximum = CQqh,e-d .. using CMC as WQS in G.2.bj.3 or 4 

3. If the monthly average from G.2.c is based on aquatic life data given as a CCC and if the discharge 

does not cause, have the reasonable potential to cause or contribute to a water quality violation for 

that monthly average, but a CMC also exists for the parameter and the discharge causes, has the 

reasonable potential to cause or contributes to a water quality violation based on that daily 

maximum, the water quality limits are 

monthly average = Caqhfr-mQusing CCC as WQS in G.2.bj.3 or 4 

daily maximum = Caqlife-dm using CMC as WQS in G.2.bj.3 or 4 

4. If the monthly average from G.2.c is based on aquatic life data given as a CCC or other acute or 

chronic data and no CMC exists for the parameter, the water quality limits are 

monthly average = C,,*, 

daily maximum = 2 x C .. lif< 

5. If no CMC exists and the monthly average from G.2.c is based on human health (organism, wlo, 

MCL) data, the water quality limits are 

monthly average = CHH 

daily maximum = M x CHH using the calculation for M from G.2.b.ii.l.b 

6. If a CMC exists and the monthly average from G.2.c is based on human health (organism, wlo, 

MCL) data, the water quality limits will be 

monthly average = CHH 

and the daily maximum will be the most stringent of 
Rationale 

Page 20 of37 

Permit No. SC0000876 

daily maximum = M x Gm using the calculation for M from G .2. b.ii.l. b 

or 

daily maximum = Caq/ife..tno using CMC as WQS in G.2.b.i.3 or 4 

7. If no CMC exists and the monthly average from G.2.c is based on organoleptic data, the water 

quality limits are 

monthly average = Col 

daily maximum = M x Col using the calculation for M from G.2.b.ii.l.b 

8. If a CMC exists and the monthly average from G.2.c is based on organoleptic data, the water 

quality limits will be 

monthly average = Col 

and the daily maximum will be the most stringent of 

daily maximum = M x c.. using the calculation for M from G.2.b.ii.l.b 

or 

daily maximum = Caqlifo-d .. using CMC as WQS in G.2.b.i.3 or 4 

9. If only a CMC exists, then the water quality limits will be no monthly average and 

daily maximum = Caq/ife-dm using CMC as WQS in G.2.b.i.3 or 4 

ii. If the discharge is determined to cause or have the reasonable potential to cause a water quality 

violation for WET, permit limitations will be explained in the rationale for that parameter. 

iii. If the discharge is determined to contribute to an existing water quality violation, monthly average and 

daily maximum limits will be set giving no credit for dilution of the receiving water (end-of-pipe 

limits) based on the criteria in Item 1 above. 

f. Consider Effluent Limitations Guidelines (ELG or Categorical guidelines) 

The more stringent of the effluent limitations guidelines average and maximum derived limits and water 

quality-derived average and maximum limits determined in e above shall be used as permit limits, unless 

other information indicates more stringent limits are needed as indicated in Section H at the end of this 

section. Categorical limitations based on mass may first be converted to concentration using the long term 

average flow of the discharge for both the monthly average and daily maximum calculations, unless the 

applicable guidelines require use of an alternate flow. 

1. For Effluent guidelines based on production, limits will be calculated as follows: 

ELG lim = L (ELGprod)(ELG) where 

ELGlim: the mass limit, in Ibs/day, for an applicable pollutant based on the production 
Rationale 

Page 21 of37 

Pennit No. SC0000876 

ELGprod: the production rate, in lbs, for the applicable guideline(s), usually based on long tenn 

average data 

ELG: the effluent guideline limitation, given as a measure of production (e.g. Ibs/lOOO lbs), for an 

applicable pollutant 

2. For Effluent guidelines based on flow, limits will be calculated as follows: 

ELG lim = L (ELGjlow)(ELG)(S.34) where 

ELGlim :the mass limit, in IbsJday, for an applicable pollutant based on applicable flow 

ELGprod: the long tenn average flow rate, in MOD, for the applicable guideline(s) 

ELG: the concentration limitation, in mg/l, for an applicable pollutant from the applicable guideline(s) 

a. For BOD and TSS limits based on OCPSF Effluent Guidelines with two or more applicable 

subparts in subparts B-H, the limits will be calculated as-follows: 

ELG 0 = L ( subpart production J(ELG lim) where 

total OCPSF production 

ELGo: the final OCPSF limitation, in lbs/day 

ELGlim: the limitation, in lbs/day, determined from the calculation in item 2 above. 

H. Other considerations 

1. When the derived pennit effluent limitation based on aquatic life numeric criteria is below the practical 

quantitation limit for a substance, the derived permit effluent limitation shall include an accompanying 

statement in the permit that the practical quantitation limit using approved analytical methods shall be 

considered as being in compliance with the limit. Appropriate biological monitoring requirements shall be 

incorporated into the permit to determine compliance with appropriate water quality standards. (R.61-

68.E.14.c(2» 

2. When the derived permit effluent limitation based on human health numeric criteria is below the practical 

quantitation limit for a substance, the derived permit effluent limitation shall include an accompanying 

statement in the permit that the practical quantitation limit using approved analytical methods shall be 

considered as being in compliance with the limit. (R.61-68.E.14.c(3» 

3. The effluent concentration limits detennined above may not necessarily be the NPDES permit limit. NPDES 

Permit limits are determined after a reasonable potential analysis is conducted using these derived limits and 

also after evaluating other issues (e.g. anti-backsliding, antidegrada~ion). 

4. Mass limitations may be required in certain circumstances. When mass limits are calculated the formula to be 

used is as follows. 

Mass (lb/day) = Flow (mgd) '" Concentration (mg/l) '" 8.34 

5. Final Limitations will typically be rounded to two (2) significant figures (based on EPA's policy with its 

national criteria) while considering the PQL for a given parameter. Rounding will be perfonned using the 

following procedure (as recommended by the DHEC lab): 
Rationale 

Page 22 of37 

Pennit No. SC0000876 

a. If the digit of interest is even and the number following it is a five (5), the digit of interest remains the 

same. 

b. If the digit of interest is odd and the number following it is a five (5), the digit of interest is rounded up. 

c. If the digit of interest is even or odd and the number following it is between 0 and 4, the digit of interest 

remains the same. 

d. If the digit of interest is even or odd and the number following it is between 6 and 9, the digit of interest is 

rounded up. 
TIl. PERMIT LIMIT A nONS AND MONITORINO REQUIREMENTS 

Rationale 

Page 23 of37 

Pennit No. SC0000876 

2007 Major Permit Modification: The pennittee requested the removal of mercury monitoring and the removal of the 

mercury minimization plan requirement in correspondence dated 10/4/07. The Department has assessed reasonable 

potential using monthly DMR data from November 2006 through July 2007 (the pennittee did not have a discharge to 

sample in August and September of 2007) and a sample taken in September 2006. Based on this new data using the correct 

PQL, reasonable potential does not exist. The mercury monitoring and the requirement to submit in a mercury 

minimization plan have been removed from the permit. 

OutfaUOOl 

Description of outfall and wastewater treatment system: Wastewater is treated in a 1,600 acre stabilization pond prior to 

discharge to Outfall OOI-Great Pee Dee River. The discharge consists of treated process wastewater (from the recycle plant, 

wood yard, pulp mill and paper machines). sanitary wastewater. utility water (from steam/power production, cooling 

towers, caustic area, power house and co-generation plant) and stormwater. 

Total Discharge Flow: 12.5 MGD + stormwater 

Total Process Flow: 6.9 MGD 

Pulp Mill: 1.5 MGD 

Paper Machines: 3.9 MOD 

Wood Yards: 0.75 MOD 

Recycle Plant: 0.7 MOD 

Total Utility Flow: 5.5 MGD 

SteamIPower Generation: 0.01 MOD 

Cooling Towers: 0.03 MGD 

Power Department: 4.5 MGD 

Caustic Area: 0.2 MGD 

Co-generation Plant: 0.8 MGD 

Total Sanitary Flow: 0.15 MGD 

Operator requirements: Based on the treatment system described above, the PCA requires that the treatment system be 

classified as Group IV-Biological. The Environmental Certification Board Rules require that a Grade A-Biological 

operator be assigned to operate this facility. Inspections of the facility will be required on a daily basis. 

Smurfit-Stone Container Enterprises, Inc. is involved in the production of unbleached kraft linerboard and bag papers, at a 

long term average production rate of 1,925 tons/day (3,850,000 #/d). The effluent discharge from this facility is subject to 

the Pulp, Paper and Paperboard Point Source Category 40 CFR Part 430 Subpart C-Unbleached Kraft. 

Smurfit-Stone Container, the City of Florence (SC0045462), the City of Marion (SC0046230) and Dupont (SC0002917) 

divided the assimilative capacity for oxygen demand amongst themselves in January 1998. Since that time, Lake City and 

Johnsonville have been added. and the UOD redistributed. There are four (4) scenarios for the BOD5 limits as follows. 

Also see the BODs rationale below. 

48% reduction below guidelines occurs when Marion = 6 MGD and Johnsonville = 3 MGD 

50% reduction below guidelines occurs when Marion = 6 MOD and Johnsonville = 4.5 MOD 

51 % reduction below guidelines occurs when Marion = 10 MGD and Johnsonville = 3 MGD 

53% reduction below guidelines occurs when Marion = 10 MGD and Johnsonville = 4.5 MGD 

Information for this outfall is based on NPDES Permit Application: 2C dated 2/7/06 
Waterbody Data from Wasteload Allocation dated 11114/05 

Receiving Waterbody: 

7QI0 or other critical flow condition at discharge point (Q7QI0) 

Average Annual Flow or other critical flow condition at discharge point (AAFd) 

Rationale 

Page 24 of37 

Permit No. SC0000876 

cfs MGD 

1583.18 1021.406 

9865 6364.516 

Is the discharge above a drinking water intake? Yes, Intake #S221 0 1, City of Georgetown, Great Pee Dee River 

Source Water Protection Waterbody Flow Data cfs MGD 

7Q1Oor other critical flow condition at source water protection area boundary (Q7QIOj) 1619 1044.516 

Average Annual Flow or other critical flow condition at source water protection area 9925.48 6403.535 

boundary (AAFj) 

Dilution Factors (using formulas in Section G.2.a): 

DF. 76.103 

DF2 468.979 

DF3, if applicable 77.803 

DF4, if applicable 471.848 

TSS Values for metals calculations: 

Effiuent TSS concentration (TSS.) (mgll) (based on monthly average value) 83 

Background or In-stream TSS concentration (TSSb) (mgll) (Default is 1 mg/I) 1.0 

Calculated In-stream Average TSS concentration after mixing (TSS""Il) (mg/l) 2.077 

Attachment 3 contains the calculations for the water quality-based permit limitations and reasonable potential 

determinations. Attachment 4 contains CORMIX modeling results. 

Flow 

1. Previous permit limits (effective 9/1/01): 

Monthly average: MR MGD 

Daily Maximum: MR MGD 

Sampling Frequency: Daily 

Sample Type: Continuous 

2. NPDES Application (2C): (No. of flow analyses: 300) 

Maximum 30 Day Value: 17.1 MOD 

Maximum Daily Value: 25 MGD 

3. DMR Data: The highest flow was reported in December 2001 as .32.634 MGD 

4. Actual long term average flow (from DMR): 13.6 MGD 

5. Conclusion: The permittee shall continue to monitor and report discharge flow. 

Monthly average: MR MGD 

Daily Maximum: MR MGD 

Sampling Frequency: Daily 

Sample Type: Continuous 
I!!! 

1. Previous Permit Limits (effective 9/1101): 6.0-9.0 standard units. 

Sampling Frequency: llWeek 

Sample type: Grab 

2. NPDES Application (2C): (No. of pH analyses: 40) 

Minimum: 8.18 standard units. 

Maximum: 8.68 standard units. 

Rationale 

Page 25 of37 

Permit No. SC0000876 

3. DMR Data: The highest and lowest pH were reported in 11104 as 8.8 su and 7/03 as 7.93 suo 

4. Water Quality Data: Effluent Limits for pH are established in Reg. 61-68.G. For Class Fresh Water this value is 

6.0-8.5 standard units. 

5. Effluent limitation guidelines: 40 CFR Part 430 Subpart C (BPT): 6.0-9.0 su 

6. Other information: None 

7. PQL: Not applicable 

8. Conclusion: Due to the large stream dilution in comparison to the discharge, a maximum pH of9.0 su shall be granted. 

This small change should not have any adverse impact on the receiving stream. This pH limits are as follows: 

Range: 6.0-9.0 standard units. 

Sampling Frequency: 1IWeek 

Sample type: Grab 

Biochemical Oxygen Demand mOD~) 

1. Previous permit limits (effective 9/1101): 

Monthly average: 10,220 #/d 

Daily maximum: 20,440 #/d 

Sampling frequency: 21W eek 

Sample type: 24 Hour Composite 

2. NPDES Application (2C): (# of analyses: 80) 

Maximum 30-day value: 5808 #/d 

Maximum Daily Value: 8302 #/d 

3. DMR Data: The highest BODs was reported in May 2005 as 11,473 #/d. 

4. Effluent limitations guidelines: 

Process Wastewater: 40 CFR Part 430 Subpart C (BPT) 

Monthly A vg: 2.8 #/ 1000 # product 

Daily Max: 5.6 #/ 1000 # product 

Calculated Limits: 

Monthly Avg Limit = 3,850,000 #/d x 2.8 #/1000 # product = 10,780 #/day 

Daily Max Limit = 3,850,000 #/d x 5.6 #/1000 # product = 21,560 #/day 

5. PQL: 2.0 mgll 

6. Waste Load Allocation dated (11/14105): The wasteload allocation includes two sets of daily limits based on the 

hydrographically controlled release (HCR). 
For March -October 

River Flow ( cfs) 48% below guideline 

BODs (lbs/day) 

695 < Qr < 1624 8.6· Qr- 8340 

1625 < Qr < 1750 5693 

1750 < Qr < 1820 6116 

1820 < Qr < 1900 6540 

1900 < Qr < 1990 7240 

1990 < Qr < 2080 7579 

2080 < Qr < 2170 8087 

2170 < Qr < 2240 8575 

2240 < Qr < 2450 9062 

2450 < Qr < 2650 10291 

2650 ~ Qr < 2850 11519 

2850 < Qr < 3050 13977 

3050 < Qr < 3250 15206 

3250 < Qr < 3450 17663 

3450 < Qr < 3650 18901 

3650 < Qr 20440 

For November thr ough February~ 

River Flow (cfs) 

()~ < 1624 

1625 < Qr < 1750 

1750 < Qr < 1820 

1820 < Or < 1900 

1900 < Qr < 1990 

1990 < Or < 2080 

2080 < Qr < 2170 

2170 < Qr < 2240 

2240 < Or < 2450 

2450 < Qr < 2650 

2650 < Or < 2850 

2850 < , Or < 3050 

3050 < Or < 3250 

3250 < Qr < 3450 

3450 < Qr < 3650 

3650 < Qr 

5o" below guideline 

BOD~ Obs/day) 

8.9· Qr- 9179 

5474 

5897 

6321 

7021 

7360 

7868 

8356 

8843 

10072 

11300 

13758 

14987 

17444 

18682 

20440 

BODs (lbs/day) 

3.8* (OS 

6292 

6715 

7139 

7839 

8178 

8686 

9174 

9661 

10890 

12118 

14576 

15805 

18262 

19500 

20440 

51% below guideline 

BODs (lbs/day) 

9.1 • Qr - 9690 

5365 

5788 

6212 

6912 

7251 

7759 

8247 

8734 

9963 

11191 

13649 

14878 

17335 

18573 

20440 

Rationale 

Page 26 of37 

Pennit No. SC0000876 

53% below guideline 

BODs (lbs/day) 

8.9 * Qr - 9565 

5146 

5569 

5993 

6693 

7032 

7540 

8028 

8515 

9744 

10972 

13430 

14659 

17116 

18354 

20440 

7. Other information: The previous guideline based limits are more stringent than those calculated in number 4 above. 

8. Conclusion: A daily effluent limitation based on the HCR as given in number 6 above will restrict this discharge. 

Based on the WLA, the release of BODs shall not exceed on a daily basis the BODs limit at the corresponding river 

flows, but otherwise shall not exceed the previous categorical limits (the permittee has maintained compliance with the 

previous limit even with an increase in production since the last permit reissuance). Due to past compliance with the 

previous permit limits, the monitoring frequency has been reduced to once per week. 

Monthly average: 10,220 #/d 

Daily maximum: 20,440 #/d 

Sampling frequency: l/Week 

Sample type: 24,Hour Composite 
Total Suspended Solids CTSS) 

1. Previous permit limits (effective 911101): 

Monthly average: 21,900 #/d 

Daily Maximum: 43,800 #/d 

Sampling frequency: 21W eek 

Sample Type: 24 Hour Composite 

2. NPDES Application (2C): (No. of TSS analyses: 80) 

Maximum 30 Day Value: 11,950 #/d 

Maximum Daily Value: 14,850 #/d 

3. DMR Data: The highest TSS was reported in 10/04 as 26,641#/d. 

4. Water Quality Data: NA 

5. Effluent limitations guidelines: 40 CFR Part 430 Subpart C (BPT) 

Process Wastewater: 40 CFR Part 430 Subpart C (BPT) 

Monthly Avg: 6.0 #/ 1000 # product 

Daily Max: 12.0 #/1000 # product 

Calculated Limits: 

Monthly Avg Limit = 3,850,000 #/d x 6.0 #/1000 #product = 23,100 #/day 

Daily Max Limit = 3,850,000 #/d x 12.0 #/ 1000 # product = 46,200 #/day 

6. Other information: None 

7. PQL: 1000 Ilg/1 

Rationale 

Page 27 of37 

Permit No. SC0000876 

8. Conclusion: Based on antibacksliding, the monthly average and daily maximum limits shall not exceed the previous 

limits (the permittee has maintained compliance with the previous limit even with an increase in production since the 

last permit reissuance). Due to past compliance with the previous permit limits, the monitoring frequency has been 

reduced to once per week. The permittee shall also monitor and report concentration as this data will be used to assess 

reasonable potential concerns during the next permit reissuance. 

Monthly average: 21,900 #/d, MR mgIl 

Daily Maximum: 43,800 #/d, MR mgll 

Sampling frequency: 2/W eek 

Sample Type: 24 Hour Composite 

Ammonia-Nitrogen, Total As N 

1. Previous permit limits (effective 9/1101): 

Monthly average: 2.0 mg/l 

Daily maximum: 4.0 mg/l 

Sampling frequency: IlMonth 

Sample type: Grab 

2. NPDES Application (2C): (# of analyses: 10) 

Maximum Daily Value: 0.59 mg/l 

3. DMR Data: The highest ammonia was reported in 8/04 as 2 mg/l. 

4. Waste Load Allocation dated (11/14/85) based on dissolved oxygen modeling 

Monthly Average: 2.0 mg/l (based on previous permit limit) 

5. Water Quality Criteria for Protection pf Aquatic Life from Reg. 61-68, Appendix, Attachment 3: Freshwater: 

In situations where salmonids are absent, the CMC may be calculated as: 

CMC = { 0.411 + 58.4 } 1 + 107.204-pH 1 + IOpH-7.204 
Establish the CCC when fish early life stages (ELS) are present: 

CCC={ 0.0577 + 2.487 }xfmin(2.851.45X100.028X(25-T»)~ 1 + 10 7.688-pH 1 + IOpH-7.688 ~, ~ 

Rationale 

Page 28 of37 

Pennit No. SC0000876 

Note: The Department always considers fish early life stages to be present unless data is presented which demonstrates 

their absence. 

Where: pH = 7.5 su 

Critical T = 28.3°C 

Seasonal T =15.5°C 

Critical CCC (mg/l) == 1.795 

Seasonal CCC (mg/l) = 4.096 

CMC (mgll) "" 19.89 

Allowing for dilution, the monthly averages and daily maximums are: 

48% Reduction 50% Reduction 51 % Reduction 

Critical Mthlyavg (mg/l) = 93.86 93.86 93.02 

Seasonal Mthlyavg (mgll) =237.92 237.92 237.70 

Daily maximum (mgll) = 1226.48 1226.48 1230.45 

6. Water Quality Data for Protection of Human Health: None 

7. Water Quality Criteria based on Organoleptic Data: None 

53% Reduction 

97.76 

243.05 

1240.01 

8. Does the discharge cause, have the Reasonable Potential (RP) to Cause or Contribute? RP does not exist to exceed the 

ammonia toxicity limits as calculated in number 5 above (the RWC below is less than the most stringent of the critical 

and seasonal monthly average and the daily maximum limits). However, RP does exist for this discharge to exceed 

their previous limits (the RWC b elow is greater than the previous monthly average limit). 

NH3-N (1Jl2I1) 

Date M.Ave D.Max 

30-Sep-Ol 0.22 0.22 

31-0ct-Ol 

31-0ec-Ol < 0.2 < 0.2 

31-Jan-02 < 0.2 < 0.2 

28-Feb-02 0.24 0.24 

31-Mar-02< 0.2< 0.2 

30-Apr-02< 0.2< 0.2 

31-May-02 < 0.2< 0.2 

30-Jun-02 < 0.2< 0.2 

31-Jul-02 0.33 0.33 

30-Sep-02 

31-0ct-02< 0.6< 0.6 

30-Nov-02 0.22 0~22 

31-0ec-02 < 0.2< 0.2 

31-Jan-03 0.24 0.24 

28-Feb-03 < 0.2< 0.2 

31-Mar-03 < 0.2< 0.2 

30-Apr-03 

31-Jul-03 0.3 0.3 

31-Aug-03 0.31 0.31 

30-Sep-03 0.35 0.35 

31-Oct-03 < 0.2< 0.2 
30-Nov-03 < 0.2< 

31-Dec-03 0.21 

31-Jan-04< 0.2< 

29-Feb-04 

31-Mar-04< 0.2< 

30-Apr-04< 0.2< 

30-Jun-04 1.3 

31-Aug-04 2 

30-Sep-.04 < 0.2< 

31-0ct-04 0.26 

30-Nov-04< 0.2< 

31-Dec-04 

31-Jan-05 < 0.2< 

28-Feb-05 < 0.2< 

31-Mar-05 0.22 

30-Apr-05 < 0.2< 

31-May-05 < 0.2< 

30-Jun-05 0.22 

31-Jul-05 0.32 

31-Aug-05 0.59 

30-Sep-05 0.49 

31-0ct-05 0.29 

3a-Dec-05 0.31 

Cmax= 2 

# samples = 40 

Mean = 0.33 

Std. Dev. = 0.33 

CV= 1.02 

MF= 1.2 

RWC= 2.4 

9. Other mformanon: None 

0.2 

0.21 

0.2 

0.2 

0.2 

1.3 

2 

0.2 

0.26 

0.2 

0.2 

0.2 

0.22 

0.2 

0.2 

0.22 

0.32 

0.59 

0.49 

0.29 

0.31 

2 

40 

0.33 

0.33 

1.02 

1.2 

2.4 

Rationale 

Page 29 of37 

Permit No. SC0000876 

10. Conclusion: Because the previous limits are more restrictive and reasonable potential exists to exceed the previous 

permit limits, the permittee will be held to the previous limits. Although reasonable potential exists, the Department has 

reduced the monitoring frequency to quarterly, as the permittee did not have any ammonia violations during the 

previous pennit. 

Monthly average: 2.0 mgll 

Daily maximum: 4.0 mg/I 

Sampling frequency: 1/Quarter 

Sample type: 24 Hour Composite 

Fecal Coliform 

1. Previous Permit Limits (effective 9/1/01): 

Monthly average: 200/100 ml 

Daily maximum: 400/100 ml 

Sampletype:caab 

Sampling Frequency: 2IMonth 

2. NPDES Application (2C) (# of anal)'$es: 20) 
Maximum 30-Day Value: 30.3/100 ml 

Maximum Daily Value: 130/100 m1 

3. DMR Data: The highest value was reported in 9/04 as 240/100 ml. 

Rationale 

Page 30 of37 

Permit No. SC0000876 

4. Water Quality Data: Fecal coliform standards in Regulation 61-68.G [2004 WQS] for all waterbody classifications 

except SFH: Not to exceed 200/100ml based on five consecutive samples in a 30 day period and no more than 10% of 

the samples in the 30 day period shall exceed 400/10OmI. 

5. Effluent limitation guidelines: not applicable 

6. Other information: None 

7. PQL: 1/100 m1 (Standard Method 9221C. 9221 E or 9221 D) 

8. Conclusion: Fecal coliform will be limited to the following per R.61-68.E.14(c)(9). Based on past compliance, the 

monitoring frequency has been reduced to monthly. 

Monthly average: 200/100 ml 

Daily maximum: 400/100 ml 

Sample type: Grab 

Sampling Frequency: IlMonth 

Total Residual Chlorine CTRC) 

1. Previous Permit Limits (effective 9/1/01): 

Monthly average: 0.5 mg/l 

Daily Maximum: 1.0 mgll 

Sample type: Grab 

Sampling Frequency: llMonth 

2. NPDES Application (lC): (No. of analyses: 12) 

Maximum Daily Value: < 0.05 mg/l 

i), 3. DMR Data: All TRC DMR data was either reported as zero (using a PQL of 0.05 mg/l) or < 0.05 mg/I. 

4. Water Quality Data: see spreadsheet 

5. Effluent limitation guidelines: not applicable 

6. Other information: The permittee does not chlorinate. 

7. Does the discharge cause, have the RP to Cause or Contribute: No, RP does not exist for this discharge. 

8. PQL: 0.05 mgll 

9. Conclusion: Reasonable potential does not exist based on past DMR data, therefore limit/monitoring is not necessary at 

this time. 

Oil and grease 

1. Previous Permit Limits (effective 9/1101): 

Monthly average: MR mgll 

Daily Maximum: MR mgll 

Sample type: Grab 

Sampling Frequency: llMonth 

2. NPDES Application (lC): (No. of analyses: 10) 

Maximum Daily Value: 22 mg/I 

3. DMR Data: The highest oil and grease value was reported in 3/02 as 58 mg/l. 

4. Water Quality Data: Narrative water quality criteria for oil and grease is covered by Reg.6l-68.E.5 [2004 WQS). 

5. Effluent limitation guidelines: Not applicable to this parameter. 

6. Other information: Professional judgment based limits of 10 mgll monthly average and 15 mg/l daily maximum were 

determined to meet the narrative instream water quality standard for oil and grease in Reg. 6l-68.E.5. Considering a 

dilution factor of 76 at low flow conditions, these limits would be: 

Monthly average = 10 mgll x 76 == 760 mgll 

Daily maximum"" 15 mgll x 76 = 1140 mgll 
Rationale 

Page 31 of37 

Permit No. SC0000876 

7. Does the discharge cause, have the Reasonable Potential (RP) to Cause or Contribute? No, reasonable potential does 

not exist for this discharge to exceed the narrative water quality standard for oil and grease in Reg. 61-68.E.5 as the 

receiving water concentration (RWC) is less than the professional judgment based limits calculated in number 6 above. 

NH3-N (m2ll) 

Date M.Av2 D.Max 

30-Sep-01 I< 1 < 1 

31-Dec-01 < 5< 5 

31-JWl-02 < 1 < 1 

28-Peb-02 4 4 

31-Mar-02 58 58 

30-Apr-02< 1< 1 

31-May-02< 1 < 1 

30-Jun-02 I< 1< 1 

31-Jul-02< 1 < 1 

31-0ct-02 I< 1< 1 

30-Nov-02 16 16 

31-Dec-02 I< 5< 5 

31-JWl-03 2.4 2.4 

28-Feb-03 < 1< 1 

31-Mar-03 5 5 

31-Jul-03 < 1 < 1 

31-Aug-03 < 1 < 1 

ilO-Sep-03 < 1 < 1 

31-Oct-03 < 1 < 1 

30-Nov-03 < 1< 1 

31-Dec-03 3.5 3.S 

31-JWl-04 2.8 2.8 

31-Mar-04 11 11 

30-Apr-04 9.7 9.7 

30-Jun-04 < 1< 1 

31-Aug-04 < 1< 1 

30-Sep.04 1.6 1.6 

31-Oct-04 2.2 2.2 

30-Nov-04< 1< 1 

31-JWl-OS 12 12 

28-Peb-OS 14 14 

31-Mar-OS 21 21 

30-Apr-OS 17 17 

31-May-OS 7 7 

30-Jun-OS 22 22 

31-Jul-05 20 20 

31-Aug-05 9.4 9.4 

30-Sep-OSk 1.8 < 1.8 

31-Oct-05 4.6 4.6 

31-Dec-05 6.3 6.3 

emu: = 58 S8 

1# samples'" 40 40 
Mean = 6.93 

Std. Dev. = 10.39 

cv= 1.50 

MF- 1.2 

RWC- 69.6 

8. PQL: 5 mg/l 

6.93 

10.39 

1.50 

1.2 

69.6 

Rationale 

Page 32 of37 

Permit No. SC0000876 

9. Conclusion: Due to the large dilution instream, the Department believes reasonable potential does not exist for this 

discharge to exceed the narrative water quality criteria for oil and grease as covered by Reg.61-68.E.5 [2004 WQS]. 

Monitoring and/or limitations are not necessary at this time. 

Color 

1. PreVious Permit Limits (effective 911/01): 

Effluent: MR color units (CU) monthly average and daily maximum 

After mixing: MR CU monthly average and daily maximum 

Sample type: Grab for effluent, calculation for after mixing 

Sampling Frequency: IlMonth 

2. NPDES Application (2C): (No. of analyses: 10): Maximum Daily Value: 1880 CU 

3. DMR Data: The highest color value fort the effluent was reported in 2102 as 4181 CU and the highest increase in river 

color was reported in 5/05 as 28 cu. 

4. Water Quality Data: Narrative water quality criteria for color are established as "free-from" criteria in Reg. 61-68.E.5.c 

(2004 WQS): All ground waters and surface waters of the State shall at all times, regardless of flow, be free from: 

Sewage, industrial, or other waste which produce taste or odor or change the existing color or physical, chemical, or 

biological conditions in the receiving waters or aquifers to such a degree as to create a nuisance, or interfere with 

classified water uses (except classified uses within mixing zones as described in this regulation) or existing water uses. 

5. Effluent limitation guidelines: not applicable 

6. Other information: The increase in river color has been limited to 40 color units in other pulp and paper NPDES 

permits, based on professional judgment. 

7. PQL: 5.0 color units 

7. Conclusion: Color limits are not necessary at this time as the maximum increase in river color was only 28 color units, 

which is less than the 40 color unit limit set in other pulp and paper NPDES permits. However, the permittee shall 

continue to monitor the color impact on the receiVing stream annually to determine the need for future limitations. 

Upstream samples shall be representative of background conditions (taken at the plant's water intake structure). 

Upstream: MR 

Effluent Maximum: MR 

Color Increase: MR 

Sample type: Grab 

Sampling Frequency: IN ear 

*The calculated color increase is to be determined as follows: 

Cr = !4(Cs - CJ where Qe = Effluent Flow (CFS) 

Qu + Qe Ce = Effluent Color 

Cu = Upstream River Color 

Qu = Upstream River Flow (CFS) 

Cr = Increase in River Color 

Monthly values for Qe, Ce, Qu, Cu, aJld Cr must be submitted with the DMR as a separate attachment and kept on-site 

for inspection by Department personnel. 

*·Note that color is an instantaneous maximum, not a daily maximum, since the free-from wording says "at all times." 

Sulfide 

1. PreVious Permit Limits (effective 9/1101): None 

2. NPDES Application (2C): (No. of analyses: 1) 
Maximum Daily Value: 60 mgll 

3. DMR Data: No past DMR data available. 

4. Water Quality Data: see spreadsheet 

5. Other Information: None 

Rationale 

Page 33 of37 

Permit No. SCOOOOS76 

6. Does the discharge cause, have the RP to Cause or Contribute: This discharge does exhibit RP to exceed the aquatic 

life water quality standard for sulfide, based on one sample. 

7. Effluent limitations guidelines (ELGs) and professional judgment-based limits: Not applicable to this parameter. 

8. PQL: 1 mgll 

9. Conclusion: The Department will include Monitor & Report for this parameter in the permit to collect more data as 

only one sample was provided with which to calculate reasonable potential. 

Monthly average: MR mgll 

Daily maximum: MR mg/l 

Sampling Frequency: IlMonth 

Sample type: Grab 

Mercury 

1. Previous Permit Limits (effective 9/1/01): None 

2. NPDES Application (lC): (No. of analyses: 1) 

Maximum Daily Value: 0.00007 mg/l (an estimated concentration less than the MRL of 0.00050 mgll) 

3. DMR Data: The highest value was reported as 0.00000225 mg/l in December 2006. 

4. Water Quality Data: see spreadsheet 

5. Other Information: PD-337 and PD-076 are impaired for mercury; therefore the RP determination used zero dilution. 

6. Does the discharge cause, have RP to Cause or Contribute: No, reasonable potential does not exist. 

7. Effluent limitations guidelines (ELGs) and professional judgment-based limits: Not applicable to this parameter. 

8. PQL: 0.0000005 mgll 

9. Conclusion: Based on new data using the correct PQL, the Department has determined that reasonable potential does 

not exist. By permit modification, the monitor and report requirements have been removed. 

Whole Effluent Toxicity 

1. Previous permit requirements (effective 911101): 

Acute toxicity @ ATC of 100% 

Sampling Frequency: lIQuarter 

Sample type: Grab 

Species: Ceriodaphnia dubia 

2. DMR Data: The permittee has passed all 32 quarterly acute tests during the previous permit. The permittee also passed 

all the acute toxicity tests previous to that. 

3. Other information: None 

4. Mixing Zone and Zone of Initial Dilution (ZID) Information: The permittee submitted in CORMIX-GI Version 4.3 GT 

dated June 200S. The Department reran the CORMIX model to use the correct long term average discharge flow (13.6 

MGD) from DMR data as the flow used by the permittee was the maximum 30-day value reported on the 2C form 

(17.1 MGD). See Attachment 4 for the CORMIX results. The stream width is SO.77 meters. 

Acute Mixing Zone Boundaries: 1110 x Stream Width (width) 

113 x Stream Width (length) 

Chronic Mixing Zone Boundaries: 112 x Stream Width (width) 

2 x Stream Width (length) 

The following are the modeling results: CTC = 3% 

ATC=21% 

S.OS 

26.92 

40.39 

161.54 
Rationale 

Page 34 of37 

Pennit No. SC0000876 

5. Reasonable Potential: Using past DMR data and the procedures in Regulation 61-9.122.44(d)(I)(ii), the Department 

has detennined that this discharge does not exhibit reasonable potential to cause an excursion of the narrative water 

quality standard of "no toxics in toxic amounts" from Regulation 61-68 for acute toxicity. 

6. Conclusion: Reasonable potential does not exist for acute toxicity at 100%; therefore acute limits are not necessary at 

this time. Also, since the CORMIX recommendation for CTC (3%) is less than one fifth of the ATC (21%) the 

Department has included monitor and report requirements for chronic toxicity only once per term. The monitoring 

requirements for this pennit are as follows: 

Chronic toxicity @ CTC of3% 

Serial Dilution Series: 0%, 1%,2%,3%,6% and 12% 

Sampling Frequency: IlPermit Term 

Sample type: 24 Hour Composite 

Species: Ceriodaphnia dubia 

Groundwater Monitoring: The Bureau of Water's Groundwater Quality Section recommended that the groundwater 

monitoring frequency be reduced to annual. The pennittee should sample during the first calendar quarter (January-March) 

of each year. 
IV. PROCEDURES FOR REACHING A FINAL PERMIT DECISION 

A. Comment Period (R.61-9.124.1O and 11) 

Rationale 

Page 35 of37 

Pennit No. SC0000876 

The Department of Health and Environmental Control proposes to issue an NPDES pennit to this applicant subject 

to the effiuent limitations and special conditions outlined in this document. These detenninations are tentative. 

During the public comment period, any interested person may submit written comments on the draft pennit to the 

following address: 

SC Dept. of Health and Environmental Control 

Water Facilities Permitting Division 

Bureau of Water 

2600 Bull Street 

Columbia, South Carolina 29201 

For additional information, interested persons may contact Melanie Townley at 803-898-4223. 

All written comments received during the period beginning ??? and ending on ??? shall be considered in making 

the fmal decision and shall be answered as prescribed below. See Public Notice #??? 

Per R.61-9 .124.17, the Department is only required to issue a response to comments when a final permit is issued. 

This response shall: 

~l. Specify which provisions, if any, of the draft pennit have been changed in the final permit decision, and the 

reasons for the change; and 

2. Briefly describe and respond to all significant comments on the draft permit raised during the public comment 

period, or during any hearing. 

The response to comments shall be available to the public. 

B. Public Hearings (R.61-9. 124. 11 and 12) 

During the public comment period, any interested person may request a public hearing, if no hearing has already 

been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed 

to be raised in the hearing. 

Determinations and Scheduling. 

1. Within the thirty (30) day qomment period or other applicable comment period provided after posting or 

publishing of a public notice~ an applicant, any affected state or interstate agency, the Regional Administrator 

or any other interested persop or agency may file a petition with the Department for a public hearing on an 

application for a pennit. A petition for a public hearing shall indicate the specific reasons why a hearing is 

requested, the existing or proposed discharge identified therein and specifically indicate which portions of the 

application or other permit form or information constitutes necessity for a public hearing. If the Department 

determines that a petition constitutes significant cause or that there is sufficient public interest in an application 

for a public hearing, it may direct the scheduling of a hearing thereon. 
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2. A hearing shall be scheduled not less than four (4) nor more than eight (8) weeks after the Department 

determines the necessity of the hearing in the geographical location of the applicant or, at the discretion of the 

Department, at another appropriate location, and shall be noticed at least thirty (30) days before the hearing. 

The notice of public hearing shall be transmitted to the applicant and shall be published in at least one (1) 

newspaper of general circulation in the geographical area of the existing or proposed discharge identified on 

the permit application and shalt' be mailed to any person or group upon request thereof. Notice shall be mailed 

to all persons and governmental agencies which received a copy of the notice or the fact sheet for the permit 

application. 

3. The Department may hold a single public hearing on related groups of permit applications. 

4. The Department may also hold a public hearing at its discretion, whenever, for instance, such a hearing might 

clarify one or more issues involved in the permit decision; 

5. Public notice of the hearing shall be given in accordance with R.61-9.124.10. 

Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be 

set upon the time allowed for oral statements, and the submission of statements in writing may be required. The 

public comment period under R.61-9.124.1O shall automatically be extended to the close of any public hearing 

under this section. The hearing officer may also extend the comment period by so stating at the hearing. 

A tape recording or written transcript of the hearing shall be made available to the public. 

C. Obligation to raise issues and provide infonnation during the public comment period. (R.61-9.l24.13) 

:All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the 

Department's tentative decision to deny an application, terminate a permit, or prepare a draft permit is 

inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments 

supporting their position by the close of the public comment period (including any public hearing). No issue shall 

be raised during an appeal by any party that was not submitted to the administrative record as part of the 

preparation and comment on a draft permit, unless good cause is shown for the failure to submit it. Any supporting 

materials which are submitted shall be included in full and may not be incorporated by reference, unless they are 

already part of the administrative record in the same proceeding, or consist of State or Federal statutes and 

regulations, Department and EPA documents of general applicability, or other generally available reference 

materials. Commenters shall make supporting materials not already included in the administrative record available. 

(A comment period longer than 30 days may be necessary to give commenters a reasonable opportunity to comply 

with the requirements of this section. Additional time shall be granted under R.61-9.124.1O to the extent that a 

commenter who requests additIonal time demonstrates the need for such time). 

D. Issuance and Effective Date of the Permit 

1. After the close of the public comment period on a draft permit, the Department shall issue a final permit 

decision. The Department shall notify the applicant and each person who has submitted written comments or 

requested notice of the final permit decision. This notice shall include reference to the procedures for 

appealing a decision on a permit. For the purposes of this section, a final permit decision means a final 

decision to issue, deny, modify, revoke and reissue, or terminate a permit. 

2. A final permit decision shall become effective 30 days after the service of notice of the decision unless: 

(a) A later effective date is specified in the decision; or 
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Permit No. SC0000876 

(b) No comments requested a change in the draft permit, in which case the permit shall become effective on 

the effective date shown in the issued permit. 

3. Issuance or Denial of Permits. An appeal to a final determination of the Department or to a condition of a 

permit issued or the denial of a permit pursuant to the State law and Regulation 61-9; shall be in accordance 

with and subject to 48-1-200 of the SC Code (see E below). 

4. Unless specific circumstances warrant otherwise, the permit will become effective on the first of the month 

following the 30-day appeal period if no request for adjudicatory hearing is filed (see E below). If a request for 

adjudicatory hearing is filed, the permit will become effective on the first of the month following resolution of 

the appeal. 

E. Adjudicatory Hearings 

Any person may submit a request for an administrative adjudicatory hearing to consider the final permit and its 

conditions. Such appeal must be made pursuant to the amended Rules of Procedure for the Administrative Law 

Court that became effective on May 1,2005. Pursuant to Rule 11 of the amended ALC Rules of Procedure, such 

appeal must be made by filing a request for a contested case hearing with the Clerk of the ALC within thirty (30) 

days after notice of this decision at the following address: 

Clerk's Office 

South Carolina Administrative Law Court 

Edgar A. Brown Building 

1205 Pendleton St., Suite 224 

Columbia, SC 29201 

Pursuant to Rule 11(0), the following elements must, at a minimum, be included within the request: 

1. The name ofthe party requesting the hearing and the issue(s) for which the hearing is requested; 

2. The caption or other information sufficient to identifY the decision, order, letter, determination, action, or 

inaction which is subject to the hearing; 

3. A copy of the written agency decision, order, letter or determination, if any, which gave rise to the request; 

4. The relief requested. 

Furthermore, pursuant to ALC Rule 71, the Administrative Law Court requires that a party requesting a contested 

case hearing must submit a filing fee in the amount of $250.00 with the Administrative Law Court. A copy of a 

request for the contested case hearing must also be served on each party, including but not limited to, DHEC. 

Copies of a request for a contested case hearing should be mailed to the Clerk of the Board, DHEC, 2600 Bull 

Street, Columbia, SC 29201, (803) 898-3300. 

A petition for review of a decision to issue a new permit stays all actions for which the permit is a prerequisite. A 

petition for review of a decision to reissue a permit stays the entire permit; the conditions of the expiring/expired 

permit ren1ain in effect until the appeal is resolved. Any party may petition the ALC to allow all uncontested 

provisions of the permit to be placed into effect. Information pertaining to adjudicatory matters may be obtained 

by contacting the Legal Office of the Department of Health and Environmental Control, 2600 Bull Street, 

Columbia, South Carolina or by calling 803-898-3350.