South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.505 - LAND APPLICATION PERMITS AND STATE PERMITS › Part D - TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, AND TERMINATION OF LAND APPLICATION PERMITS AND STATE PERMITS › Section 61-9.505.D.62 - Modification or revocation and reissuance of Land Application permits and State Permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) When the
				  Department receives any information (for example, inspects the facility,
				  receives information submitted by the permittee as required in the permit (see
				  section505.41), receives a request for modification or revocation and
				  reissuance under R.61-9.124.5, or conducts a review of the permit file), it may
				  determine whether or not one or more of the causes listed in paragraphs (d) and
				  (e) of this section for modification or revocation and reissuance or both
				  exist.
(b) If cause exists, the
				  Department may modify or revoke and reissue the permit accordingly, subject to
				  the limitations of R.61-9.124.5(c)(2)(c), and may request an updated
				  application, if necessary. When a permit is modified, only the conditions
				  subject to modification are reopened. If a permit is revoked and reissued, the
				  entire permit is reopened and subject to revision and the permit is reissued
				  for a new term. See R.61-9.124.5(c)(c)(2).
(c) If a permit modification satisfies the
				  criteria in section505.63 for "minor modifications" the permit may be modified
				  without a draft permit or public review. Otherwise, a draft permit must be
				  prepared and other procedures in R.61-9.124 followed.
(d) Causes for modification. The following
				  are causes for modification or revocation and reissuance of permits.
(1) Alterations. There are material and
				  substantial alterations or additions to the permitted facility or activity
				  (including a change or changes in the permittee's sludge use or disposal
				  practice) which occurred after permit issuance which justify the application of
				  permit conditions that are different or absent in the existing
				  permit.
(2) Information. The
				  Department has received new information.
(3) New regulations. The standards or
				  regulations on which the permit was based have been changed by promulgation of
				  amended standards or regulations or by judicial decision after the permit was
				  issued.
(4) Compliance schedules.
				  The Department determines good cause exists for modification of a compliance
				  schedule or terms and conditions of a permit, such as an act of God, strike,
				  flood, or materials shortage or other events over which the permittee has
				  little or no control and for which there is no reasonably available remedy. See
				  also section505.63(c)(c) (minor modifications).
(5) [Reserved]
(6) 307(a) toxics. When required to
				  incorporate an applicable 307(a) of the CWA toxic effluent standard or
				  prohibition (see R.61-9.122(b)(1)(b)(1)).
(7) Reopener. When required by the "reopener"
				  conditions in a permit, or when established in the permit under
				  R.61-403.10(e)(e)(pretreatment program).
(8) [Reserved]
(9) Pretreatment. As necessary under
				  R.61-9.403.8(e)(e)(compliance
				  schedule for development of pretreatment program).
(10) [Reserved]
(11) Non-limited pollutants. When the level
				  of discharge of any pollutant which is not limited in the permit exceeds the
				  level which may cause an adverse impact to surface or groundwaters.
(12) [Reserved]
(13) [Reserved]
(14) [Reserved]
(15) To correct technical mistakes, such as
				  errors in calculation, or mistaken interpretations of law made in determining
				  permit conditions.
(16) When the
				  discharger has installed the treatment technology considered by the permit
				  writer when developing effluent limits and has properly operated and maintained
				  the facilities, but nevertheless has been unable to achieve those effluent
				  limitations.
(17)
				  [Reserved]
(18) Land application
				  plans. When required by a permit condition to incorporate a land application
				  plan for beneficial reuse of sewage sludge, to revise an existing land
				  application plan, or to add a land application plan.