South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - TRANSFER, MODIFICATION, REVOCATION, AND REISSUANCE AND TERMINATION OF PERMITS › Section 61-9.122.D.62 - Modification or revocation and reissuance of 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 section122.41), receives a
				  request for modification or revocation and reissuance under section124.5, or
				  conducts a review of the permit file), it may determine whether or not one or
				  more of the causes listed in paragraph (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 cause
				  does not exist under this section or section122.63, the Department shall not
				  modify or revoke and reissue the permit. If a permit modification satisfies the
				  criteria in section122.63 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 but not revocation and reissuance of permits except
				  when the permittee requests or agrees.
(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. Permits may be modified during their terms for this cause only
				  if the information was not available at the time of permit issuance (other than
				  revised regulations, guidance, or test methods) and would have justified the
				  application of different permit conditions at the time of issuance. For NPDES
				  general permits (section122.28) this cause includes any information indicating
				  that cumulative effects on the environment are unacceptable. For new source or
				  new discharger NPDES permits (sections122.21, 122.29), this cause shall include
				  any significant information derived from effluent testing required under
				  section122.21(k)(5)(vi)(k)(5)(vi) or section122.21(h)(4)(iii)(h)(4)(iii) after
				  issuance of the permit.
(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. Permits may be modified during their
				  terms for this cause, only as follows:
(i)
				  For promulgation of amended standards or regulations, when:
(A) The permit condition requested to be
				  modified was based on a promulgated effluent limitation guideline, EPA approved
				  or promulgated water quality standards, or the Secondary Treatment Regulations
				  under R.61-9.133; and
(B) EPA has
				  revised, withdrawn, or modified that portion of the regulation or effluent
				  limitation guideline on which the permit condition was based, or has approved a
				  State action with regard to a water quality standard on which the permit
				  condition was based; and
(C) A
				  permittee requests modification in accordance with R.61-9.124.5 within ninety
				  (90) days after Federal Register notice of the action on which the request is
				  based.
(ii) For judicial
				  decisions, a court of competent jurisdiction has remanded and stayed
				  promulgated regulations or effluent limitation guidelines, if the remand and
				  stay concern that portion of the regulations or guidelines on which the permit
				  condition was based and a request is filed by the permittee in accordance with
				  R.61-9.124.5 within ninety (90) days of judicial remand.
(iii) For changes based upon modified State
				  certifications of NPDES permits, see R.61-9.124.55(b)(b).
(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. However, in no case may an
				  NPDES compliance schedule be modified to extend beyond an applicable CWA
				  statutory deadline. See also section122.63(c)(c) (minor modifications) and
				  paragraph (d)(13) of this section (NPDES innovative technology).
(5) When the permittee has filed a request
				  for a variance under CWA section301(c)(c), 301(k), or 316(a) or for
				  "fundamentally different factors" within the time specified in
				  section122.21.
(6) 307(a) toxics.
				  When required to incorporate an applicable 307(a) toxic effluent standard or
				  prohibition (see section122.44(b)(b)).
(7) Reopener. When required by the "reopener"
				  conditions in a permit, which are established in the permit under
				  section122.44(c)(b) (for CWA toxic effluent limitations and standards for
				  sewage sludge use or disposal, see also section122.44(b)(c)) or R.61-9.
				  403.18(e) (Pretreatment program).
(8)
(i) Net
				  limits. Upon request of a permittee who qualifies for effluent limitations on a
				  net basis under section122.45(g)(g).
(ii) When a discharger is no longer eligible
				  for net limitations, as provided in
				  section122.45(g)(1)(ii)(g)(1)(ii).
(9) Pretreatment. As necessary under
				  R.61-9.403.8(e)(e)(compliance
				  schedule for development of pretreatment program).
(10) Failure to notify. Upon failure of an
				  approved State to notify, as required by section 40 CFR 402(b)(3), another
				  State whose waters may be affected by a discharge from the approved
				  State.
(11) Non-limited pollutants.
				  When the level of discharge of any pollutant which is not limited in the permit
				  exceeds the level which can be achieved by the technology-based treatment
				  requirements appropriate to the permittee under R.61-9.125.3(c)(c).
(12) Notification levels. To establish a
				  "notification level" as provided in section122.44(f)(f).
(13) Compliance schedules. To modify a
				  schedule of compliance to reflect the time lost during construction of an
				  innovative or alternative facility, in the case of a POTW which has received a
				  grant under section202(a)(3)(a)(3) of CWA for 100% of the costs to modify or
				  replace facilities constructed with a grant for innovative and alternative
				  wastewater technology under section202(a)(2)(a)(2). In no case shall the
				  compliance schedule be modified to extend beyond an applicable CWA statutory
				  deadline for compliance.
(14) For a
				  small MS4, to include an effluent limitation requiring implementation of a
				  minimum control measure or measures as specified in section122.34(b)(b) when:
(i) The permit does not include such
				  measure(s) based upon the determination that another entity was responsible for
				  implementation of the requirement(s); and
(ii) The other entity fails to implement
				  measure(s) that satisfy the requirement(s).
(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 in setting effluent limitations imposed under 402(a)(1) of the CWA and
				  has properly operated and maintained the facilities but nevertheless has been
				  unable to achieve those effluent limitations. In this case, the limitations in
				  the modified permit may reflect the level of pollutant control actually
				  achieved (but shall not be less stringent than required by a subsequently
				  promulgated effluent limitations guideline).
(17) [Reserved]
(18) Land application plans. When required by
				  an NPDES 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.