reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1700 - SANITATION AND INFECTION CONTROL › Section 61-7.1700.1709 - Spinal Motion Restriction Device. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The EMS Agency shall ensure all pillows,
				mattresses, and spinal motion restriction devices (SMRDs) that are not
				single-use items are covered with a non-permeable material and in good repair.
				The EMS Agency shall remove any compromised stretcher or spine board from
				service.
B. The EMS Agency shall
				ensure
1. All stretchers, cots, pillows,
				SMRDs, and spine boards are clean and free from foreign material;
2. Canvas or neoprene covers on portable-type
				stretchers are in good repair;
3.
				All restraint straps and/or devices are kept clean and washed immediately if
				soiled;
4. Spinal motion
				restriction devices are manufactured from an appropriate material to facilitate
				cleaning; and
5. All spinal motion
				restriction devices are free from rough edges or areas that may cause
				injury.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1700 - SANITATION AND INFECTION CONTROL › Section 61-7.1700.1710 - Bandages and Dressings. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				The EMS Agency shall ensure all bandages are clean and individually wrapped or
				stored in a closed container or cabinet. The EMS Agency shall ensure triangular
				bandages are single-use disposable type.
B. The EMS Agency shall ensure dressings are
				sterile, individually packaged and sealed, stored in a closed container or
				compartment, and if the seal is broken or wrap is torn, the dressing is
				discarded.
C. The EMS Agency shall
				ensure burn sheets are sterile and single-use only.
D. The EMS Agency shall ensure all bandages
				or dressings that have been exposed to moisture or soiled are
				replaced.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1700 - SANITATION AND INFECTION CONTROL › Section 61-7.1700.1711 - Obstetrical (OB) Kits. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				EMS Agency shall ensure all OB kits are sterile and wrapped with cellophane or
				plastic, and if the wrapper is torn or the kit is opened but not used, the
				items in the kit that are not individually wrapped are discarded and
				replaced.
B. The EMS Agency shall
				ensure all OB kits are single-use only.
C. The EMS Agency shall ensure all items in
				each OB kit past the expiration date are replaced individually if other items
				are individually sealed and sterile.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1700 - SANITATION AND INFECTION CONTROL › Section 61-7.1700.1712 - Oropharyngeal Appliances. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
The EMS Agency shall ensure single-use instruments inserted
				  into a Patient's mouth or nose are individually wrapped and stored properly.
				  The EMS Agency shall ensure all instruments inserted into a Patient's mouth
				  that are not intended for single-use only are cleaned and decontaminated
				  following manufacturer's guidelines.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1700 - SANITATION AND INFECTION CONTROL › Section 61-7.1700.1713 - Communicable Diseases. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				EMS Agency shall ensure that when an Ambulance has been contaminated with
				blood, body fluids, or other potentially infectious material (OPIM), to include
				potential contamination from respiratory droplets if transporting a Patient
				with signs or symptoms consistent with a respiratory illness of an infectious
				cause, the vehicle is taken out of service until decontamination is
				completed.
B. The EMS Agency shall
				ensure all linen used during any transport is removed from the cot and properly
				disposed of, or immediately placed in a designated, leak-proof bag or container
				and sealed until cleaned. The EMS agency shall ensure all used linen is treated
				as contaminated and handled as per standard precautions.
C. The EMS Agency shall ensure all Patient
				contact areas, equipment, and any surface soiled during the call is cleaned and
				disinfected pursuant to Section 1703.C.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1700 - SANITATION AND INFECTION CONTROL › Section 61-7.1700.1714 - Equipment

Current through Register Vol. 48, No. 6, June 28, 2024
The EMS Agency shall ensure all reusable equipment used for
				  direct Patient care is in good repair and cleaned as it becomes soiled, and
				  kept free from foreign matter.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1700 - SANITATION AND INFECTION CONTROL › Section 61-7.1700.1715 - Equipment and Materials Storage Areas

Current through Register Vol. 48, No. 6, June 28, 2024
The EMS Agency shall ensure all equipment not used in direct
				  Patient care is in storage spaces or compartments to prevent contamination or
				  damage to direct Patient care equipment or materials.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1700 - SANITATION AND INFECTION CONTROL › Section 61-7.1700.1716 - Personnel

Current through Register Vol. 48, No. 6, June 28, 2024
The EMS Agency shall ensure uniforms and clothing are clean
				  or changed if they become soiled, contaminated, or exposed to vomitus, blood,
				  or other potentially infectious material (OPIM).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1800 - AMBULANCE PERMITS. (I) › Section 61-7.1800.1801 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The EMS Agency
				shall ensure that each Ambulance for which the Permit is issued meets all
				requirements as to design, medical equipment, supplies, and sanitation as set
				forth in this regulation. The EMS Agency shall have each Ambulance inspected by
				the Department prior to issuance of the initial permit.
B. The EMS Agency shall display the Permit
				decal for each specific Ambulance on the rear door or rear window of the
				Ambulance or aircraft portfolio, as applicable.
C. The EMS Agency shall not make an entry on,
				deface, alter, remove, or obliterate an Ambulance Permit.
D. The EMS Agency shall return an Ambulance
				Permit to the Department within ten (10) business days when the vehicle chassis
				is sold, removed from service, or when the window is replaced due to
				damage.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1800 - AMBULANCE PERMITS. (I) › Section 61-7.1800.1802 - Temporary Ambulance Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				EMS Agency may request in writing, and the Department grant at its discretion,
				a temporary Permit in cases where a temporary asset or short-term solution to
				an Ambulance is needed. The EMS Agency shall ensure these temporary assets meet
				all Ambulance permitting and equipment requirements for the level of service of
				its intended use.
B. The EMS Agency
				shall be issued a temporary Ambulance Permit for a period not to exceed ninety
				(90) calendar days and may only be extended in extenuating circumstances at the
				Department's discretion.
C. The EMS
				Agency shall ensure each Ambulance with a temporary Permit, twith the exception
				of Air Ambulances, has the following minimum exterior markings:
1. Illumination devices pursuant to Sections
				1901.G;
2. Emblems and markings
				pursuant to Section 1901.B affixed on vehicles with temporary markings;
				and
3. The name on the face of the
				EMS Agency's License affixed with temporary lettering not less than three (3)
				inches in height.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1900 - AMBULANCES. (II) › Section 61-7.1900.1901 - Ambulance Design

Current through Register Vol. 48, No. 6, June 28, 2024
A. The EMS
				Agency shall ensure all Ambulances meet the design requirements established by
				the Department for Ambulances permitted and utilized in South Carolina and are
				effective with the publication of this regulation. The EMS Agency shall ensure
				all equipment, lighting, interior and exterior doors, and environmental
				equipment operates as designediered at all times when the Ambulance is in
				service.
B. Base Unit. The EMS
				Agency shall ensure the chassis of each Ambulance is at least three-quarter
				ton. In the case of modular or other type body units, the EMS Agency shall
				ensure the Ambulance chassis is proportionate to the body unit, weight, and
				size; power train is compatible and matched to meet the performance criteria
				listed in the Federal KKK-A-1822 F Specification, NFPA 1917 or Commission on
				Accreditation of Ambulance Services Ground Vehicle Standard for Ambulances
				version 2.0. After updates are released to the Federal KKK-A- 1822 F
				Specification, NFPA 1917 or Commission on Accreditation of Ambulance Services
				Ground Vehicle Standard for Ambulances version 2.0, the EMS Agency shall make
				applicable safety-related upgrades to each Ambulance on timetables as
				determined by the Department.
C.
				Emblems and Markings. The EMS Agency shall ensure all items in this section are
				of reflective quality and in contrasting color to the background on which it is
				applied. The EMS Agency shall ensure:
1.
				There is a continuous stripe, of not less than three (3) inches on cab and six
				(6) inches on Patient compartment, to encircle the entire Ambulance with the
				exclusion of the hood panel. The EMS Agency shall ensure reflective chevrons,
				Battenberg patterns, or other markings are at least six (6) inches in height
				and meet the requirements of this section; and
2. Emblems and markings are of the type, size
				and location as follows:
a. Side: Each side
				of the Patient compartment has the "Star of Life," not less than twelve (12)
				inches in height, the word "AMBULANCE", not less than six (6) inches in height,
				under or beside each star, and the name of the EMS Agency as stated on the EMS
				Agency's License, of lettering not less than three (3) inches in height; and
b. Rear: The word "AMBULANCE", not
				less than six (6) inches in height, two (2) "Star of Life" emblems of not less
				than twelve (12) inches in height, and the name of the EMS Agency as stated on
				the EMS Agency's License, of lettering not less than three (3) inches in
				height.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.1900 - AMBULANCES. (II) › Section 61-7.1900.1902 - Ambulance Re-mounted Design and Equipment

Current through Register Vol. 48, No. 6, June 28, 2024
After July 1, 2022, EMS Agencies choosing to utilize
				  Ambulance Re-mounts shall ensure these units are compliant with the Commission
				  on Accreditation of Ambulance Services (CAAS) "Ground Vehicle Standards for
				  Ambulances" or other nationally recognized standards as approved by the
				  Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.2200 - AIR AMBULANCE › Section 61-7.2200.2201 - Permitting. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. No EMS
				Agency, Ambulance service provider, agent or broker shall secure or arrange for
				Air Ambulance service originating in South Carolina unless the Air Ambulance
				service meets the provisions of S. C. Code Sections
				44-61-10,
				et seq. and these regulations. The EMS Agency providing Air Ambulance services
				that transport Patients in the prehospital setting shall be permitted as
				Advanced Life Support. The EMS Agency shall have each Air Ambulance inspected
				prior to issuance of the initial Permit and inspected thereafter at a frequency
				as determined by the Department.
B.
				The EMS Agency shall submit an application to the Department, in a format as
				determined by the Department, prior to being issued an initial Air Ambulance
				Permit and Air Ambulance Permit renewals. The EMS Agency shall submit the
				following documentation with the application:
1. A copy of current FAA operational
				certificate including designation for Air Ambulance operations;
2. Proof of accreditation from the Commission
				on Accreditation of Medical Transport Systems (CAMTS). After updates are
				released to the CAMTS Air Ambulance Standards, the EMS Agency shall make
				applicable safety related upgrades to each Air Ambulance on timetables as
				determined by the Department; and
3. A letter of agreement verifying each
				aircraft meets the specifications of this regulation if the aircraft is leased
				from a pool.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.2200 - AIR AMBULANCE › Section 61-7.2200.2202 - Aircraft

Current through Register Vol. 48, No. 6, June 28, 2024
The EMS Agency shall ensure all operations comply with all
				  federal aviation regulations which are adopted by reference, FAA Part 135. The
				  EMS Agency shall ensure each aircraft meets the following
				  specifications:
A. Configured in such
				a way that the medical Attendants have adequate access for the provision of
				Patient care within the cabin to give cardiopulmonary resuscitation and
				maintain the Patient's life support. The EMS Agency shall ensure:
1. The aircraft has an entry that allows
				loading and unloading without excessive maneuvering (no more than forty-five
				(45) degrees about the lateral axis and thirty (30) degrees about the
				longitudinal axis) of the Patient; and
2. The configuration does not compromise
				functioning of monitoring systems, intravenous lines, and manual or mechanical
				ventilation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.2200 - AIR AMBULANCE › Section 61-7.2200.2203 - Aircraft Flight Crew

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Rotorcraft Pilot. The EMS Agency shall ensure:
1. Each Rotorcraft pilot possess at least a
				commercial Rotorcraft-helicopter and instrument helicopter rating of
				05.04.03;
2. Prior to an assignment
				with a medical service, the Rotorcraft pilot in command possesses two thousand
				(2,000) total flight hours, or total flight hours of at least fifteen hundred
				(1,500) hours, and recent experience that exceeds the operator's pre-hire
				qualifications such as current air medical and/or search and rescue experience
				or Airline Transport Pilot (ATP) rated that include the following:
a. At least twelve hundred (1,200) helicopter
				flight hours;
b. At least one
				thousand (1,000) of those hours must be as Pilot-in-Charge (PIC) in
				Rotorcraft;
c. One hundred (100)
				hours unaided, if the pilot is not assigned to a Night Vision Goggles (NVG)
				base or aircraft;
d. Fifty (50)
				hours unaided as long as the pilot has one hundred (100) hours aided, if
				assigned to an NVG base or aircraft; and e. A minimum of five hundred (500)
				hours of turbine time.
3. The pilot is readily available within a
				defined call-up time to ensure an expeditious and timely response;
				and
4. ATP certificate and
				instrument currency is strongly encouraged.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.2200 - AIR AMBULANCE › Section 61-7.2200.2204 - Medical Supplies and Equipment. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Delivering Oxygen. The EMS Agency shall
				ensure that oxygen is installed according to federal aviation regulations (FAA
				Part 135.91). The EMS Agency shall ensure that medical transport personnel
				determine how oxygen is functioning by use of pressure gauges mounted in the
				Patient care area. The EMS Agency shall ensure:
1. Each gas outlet shall be clearly
				identified;
2. "No Smoking" sign
				shall be included;
3. Oxygen flow
				must be stoppable at or near the oxygen source from inside the aircraft or
				Ambulance;
4. The following
				indicators shall be accessible to medical transport personnel while en route;
a. Quantity of oxygen remaining; and
b. Measurement of liter flow.
5. Adequate amounts of
				oxygen for anticipated liter flow and length of transport with an emergency
				reserve must be available for every mission; and
6. When the Air Ambulance is in motion, all
				oxygen cylinders shall be affixed to a wall or floor with crash stable, quick
				release fittings.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.2200 - AIR AMBULANCE › Section 61-7.2200.2205 - Medication and Fluids for Advanced Life Support Air Ambulances. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The EMS Agency
				shall ensure medications and fluids approved by the Department for possession
				and administration by Paramedics and specified by the Medical Control Physician
				are carried on the Air Ambulance. The EMS Agency shall ensure that medications
				not included on the approved medication list for Paramedics are only carried on
				board the Air Ambulance if the EMS Agency has a written Protocol that includes
				delineation of administration only by a registered nurse or
				physician.
B. The EMS Agency shall
				ensure on each Air Ambulance:
1. All
				Medications are easily accessible;
2. Controlled substances are in a double
				locked system and kept in a manner consistent with state and federal controlled
				substances laws and regulations;
3.
				Storage of medications allows for protection from extreme temperature changes
				within the U.S. Pharmacopeia guidelines, if environment deems it necessary;
				and
4. If there is a refrigerator
				on the Air Ambulance for medications, a temperature monitoring and tracking
				policy is established and implemented, and the refrigerator is used and labeled
				"for medication use only."
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.2200 - AIR AMBULANCE › Section 61-7.2200.2206 - Rescue Exception. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
The EMS Agency may utilize an aircraft or SRV without a
				  Permit for occasional non-routine missions, such as the rescue and
				  transportation of victims or Patients who may or may not be ill or injured from
				  structures, depressions, water, cliffs, swamps or isolated scenes when the
				  rescuers or EMS Agency present at the scene determines the preferred method of
				  rescue and transportation incident thereto due to the nature of the entrapment,
				  condition of the victim, existence of an immediate life threatening condition,
				  roughness of terrain, time element and/or other pertinent factors. The EMS
				  Agency shall ensure:
A. After the
				initial rescue, an EMT-basic, AEMT, or Paramedic accompanies the victim or
				Patient en route with the necessary and appropriate EMS supplies and equipment
				needed for the en route care of the specific injuries or illness
				involved;
B. The aircraft or SRV is
				of adequate size and configuration to effectively make the rescue and to
				accommodate the victim or Patient, Attendant(s), and equipment;
C. Reasonable space is available inside the
				aircraft or SRV for continued victim or Patient comfort and care;
D. A permitted Air Ambulance or Ambulance is
				not available within a reasonable distance response time; and
E. Provided the Patient is transferred to a
				higher level of EMS ground transportation for stabilization and transport if
				such ground unit is available at a reasonably safe landing area.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.2700 - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
In the event that any portion of this regulation is construed
				by a court of competent jurisdiction to be invalid, or otherwise unenforceable,
				such determination shall in no manner affect the remaining portions of this
				regulation, and they shall remain in effect as if such invalid portions were
				not originally a part of this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-7 - EMERGENCY MEDICAL SERVICES › Sec2 61-7.2800 - GENERAL

Current through Register Vol. 48, No. 6, June 28, 2024
Conditions that have not been addressed in this regulation
				shall be managed in accordance with the best practices as interpreted by the
				Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-8 - Immunization Requirements for School and Childcare Attendance

Current through Register Vol. 48, No. 6, June 28, 2024
I. REQUIREMENTS FOR
		  SCHOOL AND CHILDCARE ATTENDANCE.
A. No child
		  or person shall be admitted to or retained in any public, private, or parochial
		  school, grades kindergarten through twelve (K-12), or any public or private
		  childcare facility as defined in Code Section
		  63-13-20
		  without a valid South Carolina Certificate of Immunization. To be valid, the
		  South Carolina Certificate of Immunization must be signed by a licensed
		  physician or his/her authorized representative. Exemptions to this requirement
		  are authorized in Section II of this regulation.
B. A South Carolina Certificate of
		  Immunization must be presented to school or childcare officials on admission
		  and as required to document any subsequent immunizations required by the
		  Department. School and childcare officials shall keep a copy of the Certificate
		  with the child's or person's record.
C. The standard to obtain a South Carolina
		  Certificate of Immunization shall be compliance with the schedule of required
		  immunizations for school and childcare attendance published by the Department.
		  The schedule of required immunizations shall apply to any child attending
		  school or childcare after the effective dates indicated in the schedule unless
		  otherwise stipulated by the Department .
D. Blank forms for the South Carolina
		  Certificate of Immunization will be provided to licensed physicians and their
		  authorized representatives by the Department . The Certificate of Immunization
		  may also be generated for signature using the statewide immunization
		  registry.
E. Registered family
		  childcare homes are exempt from requirements of this regulation.
F. "Childcare facility" and "childcare" in
		  this regulation have the meaning given in Code Section
		  63-13-20
		  and are intended to include the terms child care, childcare facility, day care
		  facility, child day care facility, day care, and family day care homes, as used
		  in Code Section
		  44-29-180.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.3 - CROSS-MEDIA ELECTRONIC REPORTING

Current through Register Vol. 48, No. 6, June 28, 2024
Refer to 40 CFR Part 3, which is hereby adopted by
				reference.
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.122.A.1 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Coverage
(1) The regulatory provisions
				  contained in R.61-9.122 and 124 implement
				  the National Pollutant Discharge Elimination System (NPDES) Program under
				  sections318, 402, and 405 of the Clean Water Act (CWA) ( Public Law 92-500, as
				  amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, and
				  Pub. L. 100-4;
				  33 U.S.C.
				  1251 et seq.) and the South Carolina
				  Pollution Control Act, S.C. Code Ann. 48-1-10, et seq.
(2) These provisions cover basic Department
				  permitting requirements (122) and procedures for Department processing of
				  permit applications and appeals (124).
(3) These provisions also establish the
				  requirements for public participation in State permit issuance and enforcement
				  and related variance proceedings.
(4) The NPDES permit program has separate,
				  additional provisions that are used by the Department to determine what
				  requirements must be placed in permits, if issued. These provisions are located
				  at S.C. R61-9.125, 129, 133, and 503,
				  and 40 CFR 136, 40 CFR subchapter N (parts 400 through 471) and 40 CFR
				  125.80-89 (Federal Register December 18, 2001 amended June 19, 2003), which are
				  hereby adopted by reference.
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.122.A.3 - Exclusions

Current through Register Vol. 48, No. 6, June 28, 2024
The following discharges do not require NPDES
					 permits:
(a) Any discharge of sewage
				  from vessels, effluent from properly functioning marine engines, laundry,
				  shower, and galley sink wastes, or any other discharge incidental to the normal
				  operation of a vessel. This exclusion does not apply to rubbish, trash,
				  garbage, or other such materials discharged overboard; nor to other discharges
				  when the vessel is operating in a capacity other than as a means of
				  transportation such as when used as an energy or mining facility, a storage
				  facility or a seafood processing facility, or when secured to a storage
				  facility or a seafood processing facility, or when secured to the bed of the
				  ocean, contiguous zone or waters of the State for the purpose of mineral or oil
				  exploration or development.
(b)
				  Discharges of dredged or fill material into waters of the United States which
				  are regulated under section404 of CWA.
(c) The introduction of sewage, industrial
				  wastes or other pollutants into publicly owned treatment works by indirect
				  dischargers. Plans or agreements to switch to this method of disposal in the
				  future do not relieve dischargers of the obligation to have and comply with
				  permits until all discharges of pollutants to waters of the State are
				  eliminated. (See also section122.47(b)(b)). This exclusion does not apply to
				  the introduction of pollutants to privately owned treatment works or to other
				  discharges through pipes, sewers, or other conveyances owned by a State,
				  municipality, or other party not leading to treatment works.
(d) Any discharge in compliance with the
				  instructions of an On-Scene Coordinator pursuant to 40 CFR Part 1510 (The
				  National Oil and Hazardous Substances Pollution Plan) or 33 CFR 153.10(e)
				  (Pollution by Oil and Hazardous Substances).
(e) Any introduction of pollutants from non
				  point-source agricultural and silvicultural activities, including storm water
				  runoff from orchards, cultivated crops, pastures, range lands, and forest
				  lands, but not discharges from concentrated animal feeding operations as
				  defined in section122.23, discharges from concentrated aquatic animal
				  production facilities defined in section122.24, discharges to aquaculture
				  projects as defined in section122.25, and discharges from silvicultural point
				  sources as defined in section122.27.
(f) Return flows from irrigated
				  agriculture.
(g) Discharges into a
				  privately owned treatment works, except as the Department may otherwise require
				  under section122.44(m)(m).
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.122.A.4 - Prohibitions

Current through Register Vol. 48, No. 6, June 28, 2024
No permit may be issued:
(a) When the conditions of the permit do not
				  provide for compliance with the applicable requirements of CWA, State
				  regulations, or regulations promulgated under CWA;
(b) When the applicant is required to obtain
				  a State or other appropriate certification under section401 of CWA and
				  R.61-9.124.53 and that certification has not been obtained or waived;
(c) By the Department where the Regional
				  Administrator has objected to issuance of the permit under 40 CFR Part
				  123.44;
(d) When the imposition of
				  conditions cannot ensure compliance with the applicable water quality
				  requirements of all affected States;
(e) When, in the judgment of the Secretary,
				  anchorage and navigation in or on any of the waters of the United States would
				  be substantially impaired by the discharge;
(f) For the discharge of any radiological,
				  chemical, or biological warfare agent or high-level radioactive
				  waste;
(g)
(1) For any discharge inconsistent with a
				  plan or plan amendment approved under section208(b)(b) of CWA, unless the
				  Department finds such variance necessary to protect the public health, safety,
				  and welfare;
(2) In reissuance of a
				  permit which requires connection to a regional sewer system or other treatment
				  facilities under the water quality management plan under section208 of the CWA,
				  once the permittee is notified by the Department that the regional sewer system
				  is operational.
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.122.A.5 - Effect of a permit

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) Except for any toxic effluent standards
				  and prohibitions imposed under section307 of the CWA and "standards for sewage
				  sludge use or disposal" under 405(d) of the CWA, compliance with a permit
				  during its term constitutes compliance, for purposes of enforcement, with the
				  Pollution Control Act and with sections301, 302, 306, 307, 318, 403, and
				  405(a)-(b) of CWA. However, a permit may be modified, revoked and reissued, or
				  terminated during its term for cause as set forth in section122.62 and
				  section122.64.
(2) Compliance with
				  a permit condition which implements a particular "standard for sewage sludge
				  use or disposal" shall be an affirmative defense in any enforcement action
				  brought for a violation of that "standard for sewage sludge use or disposal"
				  pursuant to sections405(e)(e) and 309 of the CWA.
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.122.A.6 - Continuation of expiring permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The conditions of an expired permit
				  continue in force under S.C. Code section
				  1-23-370(b)
				  until the effective date of a new permit (see R.61-9.124.15), except when the
				  permit requires connection to a regional sewer system or other treatment
				  facilities under the water quality management plan under section208 of the CWA
				  and the permittee has been notified by the Department that the regional sewer
				  system is operational, if:
(1) The permittee
				  has submitted a timely application under section122.21 which is a complete
				  (under section122.21(e)(e)) application for a new permit; and
(2) The Department, through no fault of the
				  permittee does not issue a new permit with an effective date under
				  R.61-9.124.15 on or before the expiration date of the previous permit (for
				  example, when issuance is impracticable due to time or resource constraints);
				  or
(3) The permittee has submitted
				  a timely application under section122.21 which is a complete application for a
				  new permit and makes a timely appeal of the new permit.
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.122.A.7 - Confidentiality of information

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  [Reserved]
(b) Claims of
				  confidentiality for the following information will be denied:
(1) The name and address of any permit
				  applicant or permittee;
(2) Permit
				  applications, permits, and effluent data.
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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.22 - Signatories to permit applications and reports

Current through Register Vol. 48, No. 6, June 28, 2024
(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:
(i) A president, secretary, treasurer, or
				  vice-president of the corporation in charge of a principal business function,
				  or any other person who performs similar policy or decision-making functions
				  for the corporation, or
(ii) The
				  manager of one or more manufacturing, production, or operating facilities,
				  provided, the manager is authorized to make management decisions which govern
				  the operation of the regulated facility including having the explicit or
				  implicit duty of making major capital investment recommendations, and
				  initiating and directing other comprehensive measures to assure long term
				  environmental compliance with environmental laws and regulations; the manager
				  can ensure that the necessary systems are established or actions taken to
				  gather complete and accurate information for permit application requirements;
				  and where authority to sign documents has been assigned or delegated to the
				  manager in accordance with corporate procedures.
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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.23 - Concentrated animal feeding operations

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Scope. Concentrated animal feeding
				  operations (CAFOs), as defined in paragraph (b) of this section or designated
				  in accordance with paragraph (c) of this section, are point sources, subject to
				  NPDES permitting requirements as provided in this section. Once an animal
				  feeding operation is defined as a CAFO for at least one type of animal, the
				  NPDES requirements for CAFOs apply with respect to all animals in confinement
				  at the operation and all manure, litter, and process wastewater generated by
				  those animals or the production of those animals, regardless of the type of
				  animal.
(b) Definitions applicable
				  to this section:
(1) "Animal feeding
				  operation (AFO)" means a lot or facility (other than an aquatic animal
				  production facility) where the following conditions are met:
(i) Animals (other than aquatic animals) have
				  been, are, or will be stabled or confined and fed or maintained for a total of
				  forty-five (45) days or more in any twelve (12)-month period, and
(ii) Crops, vegetation, forage growth, or
				  post-harvest residues are not sustained in the normal growing season over any
				  portion of the lot or facility.
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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.24 - Concentrated aquatic animal production facilities

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Permit requirement. Concentrated aquatic
				  animal production facilities, as defined in this section, are point sources
				  subject to the NPDES permit program.
(b) Definition. "Concentrated aquatic animal
				  production facility" means a hatchery, fish farm, or other facility which meets
				  the criteria in Appendix C of this regulation, or which the Department
				  designates under paragraph (c) of this section.
(c) Case-by-case designation of concentrated
				  aquatic animal production facilities.
(1) The
				  Department may designate any warm or cold water aquatic animal production
				  facility as a concentrated aquatic animal production facility upon determining
				  that it is a significant contributor of pollution to waters of the State. In
				  making this designation the Department shall consider the following factors:
(i) The location and quality of the receiving
				  waters of the State;
(ii) The
				  holding, feeding, and production capacities of the facility;
(iii) The quantity and nature of the
				  pollutants reaching waters of the State; and
(iv) Other relevant factors.
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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.25 - Aquaculture projects

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Permit requirement. Discharges into aquaculture projects, as defined in this
				  section, are subject to the NPDES permit program through section318 of CWA, and
				  in accordance with R.61-9.125 Part B.
(b) Definitions.
(1) "Aquaculture project" means a defined
				  managed water area which uses discharges of pollutants into that designated
				  area for the maintenance or production of harvestable freshwater, estuarine, or
				  marine plants or animals.
(2)
				  "Designated project area" means the portions of the waters of the State within
				  which the permittee or permit applicant plans to confine the cultivated
				  species, using a method or plan or operation (including, but not limited to,
				  physical confinement) which, on the basis of reliable scientific evidence, is
				  expected to ensure that specific individual organisms comprising an aquaculture
				  crop will enjoy increased growth attributable to the discharge of pollutants,
				  and be harvested within a defined geographic area.
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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.26 - Storm water discharges

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Permit requirement.
(1) Prior to October 1,
				  1992, a permit shall not be required for a discharge composed entirely of storm
				  water, except:
(i) A discharge with respect
				  to which a permit has been issued prior to February 4, 1987;
(ii) A discharge associated with industrial
				  activity (see section 122.26(a)(4)(a)(4));
(iii) A discharge from a large municipal
				  separate storm sewer system;
(iv) A
				  discharge from a medium municipal separate storm sewer system;
(v) A discharge which the Department or the
				  EPA Regional Administrator determines to contribute to a violation of a water
				  quality standard or is a significant contributor of pollutants to waters of the
				  State. This designation may include a discharge from any conveyance or system
				  of conveyances used for collecting and conveying storm water runoff or a system
				  of discharges from municipal separate storm sewers, except for those discharges
				  from conveyances which do not require a permit under paragraph (a)(2) of this
				  section or agricultural storm water runoff which is exempted from the
				  definition of point source at section 122.2. The Department may designate
				  discharges from municipal separate storm sewers on a system-wide or
				  jurisdiction-wide basis. In making this determination the Department may
				  consider the following factors:
(A) The
				  location of the discharge with respect to waters of the State as defined at
				  section 122.2;
(B) The size of the
				  discharge;
(C) The quantity and
				  nature of the pollutants discharged to waters of the State; and
(D) Other relevant factors.
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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.27 - Silvicultural activities

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Permit requirement. Silvicultural point sources, as defined in this section,
				  are point sources subject to the NPDES permit program.
(b) Definitions.
(1) "Silvicultural point source" means any
				  discernible, confined and discrete conveyance related to rock crushing, gravel
				  washing, log sorting, or log storage facilities which are operated in
				  connection with silvicultural activities and from which pollutants are
				  discharged into waters of the State. The term does not include non-point source
				  silvicultural activities such as nursery operations, site preparation,
				  reforestation and subsequent cultural treatment, thinning, prescribed burning,
				  pest and fire control, harvesting operations, surface drainage, or road
				  construction and maintenance from which there is natural runoff. However, some
				  of these activities (such as stream crossing for roads) may involve point
				  source discharges of dredged or fill material which may require a CWA
				  section404permit (See 33 CFR 209.120 and Part 233).
(2) "Rock crushing and gravel washing
				  facilities" means facilities which process crushed and broken stone, gravel,
				  and riprap (See 40 CFR Part 436, Subpart B, including the effluent limitations
				  guidelines).
(3) "Log sorting and
				  log storage facilities" means facilities whose discharges result from the
				  holding of unprocessed wood, for example, logs or roundwood with bark or after
				  removal of bark held in self-contained bodies of water (mill ponds or log
				  ponds) or stored on land where water is applied intentionally on the logs (wet
				  decking). (See 40 CFR Part 429, Subpart I, including the effluent limitations
				  guidelines).
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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.28 - General permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Coverage.
				  The Department may issue a general permit in accordance with the following:
(1) Area. The general permit shall be written
				  to cover one or more categories or subcategories of discharges or sludge use or
				  disposal practices or facilities described in the permit under paragraph
				  (a)(2)(ii) of this section, except those covered by individual permits, within
				  a geographic area. The area shall correspond to existing geographic or
				  political boundaries such as:
(i) Designated
				  planning areas under section s208 and 303 of CWA:
(ii) Sewer districts or sewer
				  authorities;
(iii) City, county, or
				  State political boundaries;
(iv)
				  State highway systems;
(v) Standard
				  metropolitan statistical areas as defined by the Office of Management and
				  Budget;
(vi) Urbanized areas as
				  designated by the Bureau of the Census according to criteria in 30 FR 15202
				  (May 1, 1974); or
(vii) Any other
				  appropriate division or combination of boundaries.
(viii) Watershed boundaries.
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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.29 - New sources and new dischargers

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Definitions.
(1) "New source" and "new discharger" are
				  defined in section122.2.
(2)
				  "Source" means any building, structure, facility, or installation from which
				  there is or may be a discharge of pollutants.
(3) "Existing source" means any source which
				  is not a new source or a new discharger.
(4) "Site" is defined in
				  section122.2;
(5) "Facilities or
				  equipment" means buildings, structures, process or production equipment or
				  machinery which form a permanent part of the new source and which will be used
				  in its operation, if these facilities or equipment are of such value as to
				  represent a substantial commitment to construct. It excludes facilities or
				  equipment used in connection with feasibility, engineering, and design studies
				  regarding the source or water pollution treatment for the source.