reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.504 - STANDARDS FOR THE USE OR DISPOSAL OF INDUSTRIAL SLUDGE › Part D - PATHOGENS AND VECTOR ATTRACTION REDUCTION › Section 61-9.504.D.33 - Vector attraction reduction

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) One
				  of the vector attraction reduction requirements in section504.33(b)(1)(b)(1)
				  through section504.33(b)(8)(b)(8); a requirement that is equivalent to one of
				  the vector attraction reduction requirements in section504.33(b)(1) through
				  (b)(8)(b)(1) through (b)(8), as determined by the Department; or the vector
				  attraction reduction requirements in section504.33(b)(9) or (b)(10)(b)(9) or
				  (b)(10) shall be met when bulk industrial sludge is applied to agricultural
				  land, forest, a public contact site, or a reclamation site when the industrial
				  sludge is expected to attract vectors.
(2) One of the vector attraction reduction
				  requirements in section504.33(b)(1)(b)(1) through section504.33(b)(8)(b)(8); or
				  an equivalent requirement, as determined by the Department, shall be met when
				  bulk industrial sludge is applied to a lawn or a home garden when the
				  industrial sludge is expected to attract vectors.
(3) One of the vector attraction reduction
				  requirements in section504.33(b)(1)(b)(1) through section504.33(b)(8)(b)(8); or
				  an equivalent requirement, as determined by the Department, shall be met when
				  industrial sludge is sold or given away in a bag or other container for
				  application to the land when the industrial sludge is expected to attract
				  vectors.
(4) [Reserved]
(5) One of the vector attraction reduction
				  requirements in section504.33(b)(9)(b)(9), section504.33(b)(10)(b)(10), or
				  section504.33(b)(12)(b)(12) shall be met when industrial septage is applied to
				  agricultural land, forest, or a reclamation site when the industrial septage is
				  expected to attract vectors.
(6)
				  One of the vector attraction reduction requirements in
				  section504.33(b)(1)(b)(1) through section504.33(b)(10)(b)(10) or
				  section504.33(b)(13)(b)(13) shall be met when industrial sludge is bulk applied
				  to agricultural land, forest, a public contact site, or a reclamation site when
				  the industrial sludge is expected to attract vectors.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.504 - STANDARDS FOR THE USE OR DISPOSAL OF INDUSTRIAL SLUDGE › Part D - PATHOGENS AND VECTOR ATTRACTION REDUCTION › Section 61-9.504.D.50 - Odor Control Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
The permit holder shall use best management practices
					 normally associated with the proper operation and maintenance of a sludge
					 wastewater treatment site, any sludge storage or lagoon areas, transportation
					 of sludges, and all individual activities permitted under R.61-9.504 to ensure that an
					 undesirable level of odor does not exist.
(a) The permittee shall prepare an odor
				  abatement plan for the industrial sludge treatment sites, any sludge storage or
				  lagoon areas, and land application or surface disposal sites. Permittees that
				  land-apply sludge must prepare the plan within 180 days of the effective date
				  of this regulation (effective date of June 26, 2003). Permittees that have
				  facilities described above that require plans have one (1) year from the June
				  26, 2003 effective date to prepare the plan. Odor abatement plans must be
				  submitted for new projects with the submission of permit applications. The plan
				  must include the following topics:
(1)
				  Operation and maintenance practices which are used to eliminate or minimize
				  undesirable odor levels in the form of best management practices for Odor
				  Control;
(2) Use of treatment
				  processes for the reduction of undesirable odors;
(3) Use of setbacks; and
(4) Contingency plans and methods to address
				  odor problems for the different type of disposal/application methods
				  used.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.504 - STANDARDS FOR THE USE OR DISPOSAL OF INDUSTRIAL SLUDGE › Appendix 61-9.504.A - PROCEDURE TO DETERMINE THE ANNUAL WHOLE SLUDGE APPLICATION RATE FOR AN INDUSTRIAL SLUDGE

Current through Register Vol. 48, No. 6, June 28, 2024
Section504.13(a)(4)(ii) requires that the product of the
				  concentration for each pollutant listed in Table 4 of section504.13 in
				  industrial sludge sold or given away in a bag or other container for
				  application to the land and the annual whole sludge application rate (AWSAR)
				  for the industrial sludge not cause the annual pollutant loading rate for the
				  pollutant in Table 4 of section504.13(a)(4)(ii) to be exceeded. This appendix
				  contains the procedure used to determine the AWSAR for an industrial sludge
				  that does not cause the annual pollutant loading rates in Table
				  504.13(a)(4)(ii) of section504.13 to be exceeded
The relationship between the annual pollutant loading rate
				  (APLR) for a pollutant and the annual whole sludge application rate (AWSAR) for
				  an industrial sludge is shown in equation (1).
APLR = C × AWSAR × 0.001 (1)
Where:
APLR = Annual pollutant loading rate in kilograms per hectare
				  per 365 day period.
C = Pollutant concentration in milligrams per kilogram of
				  total solids (dry weight basis).
AWSAR = Annual whole sludge application rate in metric tons
				  per hectare per 365 day period (dry weight basis).
0.001 = A conversion factor.
To determine the AWSAR, equation (1) is rearranged into
				  equation (2):
AWSAR = APLR (2)
---------
C x 0.001
The procedure used to determine the AWSAR for an industrial
				  sludge is presented below.
PROCEDURE:
1.
				Analyze a sample of the industrial sludge to determine the concentration for
				each of the pollutants listed in Table 4 of section504.13 in the industrial
				sludge.
2. Using the pollutant
				concentrations from Step 1 and the APLRs from Table 4 of section504.13,
				calculate an AWSAR for each pollutant using equation (2) above.
3. The AWSAR for the industrial sludge is the
				lowest AWSAR calculated in Step 2.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.504 - STANDARDS FOR THE USE OR DISPOSAL OF INDUSTRIAL SLUDGE › Appendix 61-9.504.B - PATHOGEN TREATMENT PROCESSES

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				PROCESSES TO SIGNIFICANTLY REDUCE PATHOGENS (PSRP)
1. Aerobic digestion. Industrial sludge is
				agitated with air or oxygen to maintain aerobic conditions for a specific mean
				cell residence time at a specific temperature. Values for the mean cell
				residence time and temperature shall be between 40 days at 20 degrees Celsius
				and 60 days at 15 degrees Celsius.
2. Air drying. Industrial sludge is dried on
				sand beds or on paved or unpaved basins. The industrial sludge dries for a
				minimum of three months. During two of the three months, the ambient average
				daily temperature is above zero degrees Celsius.
3. Anaerobic digestion. Industrial sludge is
				treated in the absence of air for a specific mean cell residence time at a
				specific temperature. Values for the mean cell residence time and temperature
				shall be between 15 days at 35 to 55 degrees Celsius and 60 days at 20 degrees
				Celsius.
4. Composting. Using
				either the within-vessel, static aerated pile, or windrow composting methods,
				the temperature of the industrial sludge is raised to 40 degrees Celsius or
				higher and remains at 40 degrees Celsius or higher for five days. For four
				hours during the five days, the temperature in the compost pile exceeds 55
				degrees Celsius.
5. Lime
				stabilization. Sufficient lime is added to the industrial sludge to raise the
				pH of the industrial sludge to 12 after two hours of contact.
6. Industrial sludge. Industrial sludge may
				meet the PSRP requirement through an alternate procedure to be determined by
				the Department on a case-by-case basis.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.504 - STANDARDS FOR THE USE OR DISPOSAL OF INDUSTRIAL SLUDGE › Appendix 61-9.504.C - Polychlorinated biphenyls

Current through Register Vol. 48, No. 6, June 28, 2024
(1) Beginning with
				the effective date of this appendix, sludges for land application (including
				sewage sludge, sludges and septage that may be mixed with grease trap waste)
				must be sampled at least quarterly (based on calendar year quarters) for PCBs
				using EPA SW-846 Method 8082A with an appropriate sample preparation method
				approved for use by the Department based on the matrix of the sample. This
				includes but is not limited to: bulk sewage sludge applied to agricultural
				land, forests or public contact sites; sewage sludge sold or given away in a
				bag or other container for application to the land; domestic septage;
				reclamation sites; or other materials mixed with sludge before application.
				Reporting the above information, in addition to requirements specified later in
				this appendix, should be included in annual reports required by
				permits.
(2) If levels of PCBs are
				greater than or equal to one (1) milligram per kilogram (mg/kg dry weight
				basis), but less than ten (10) milligrams per kilogram (mg/kg dry weight
				basis), confirmation sludge sampling must be done as soon as practicable and
				the results provided to the Department within five (5) calendar days of receipt
				by the permittee.
(3) If levels of
				PCBs are greater than or equal to ten (10) milligrams per kilogram (mg/kg dry
				weight basis), confirmation sludge sampling must be done as soon as practicable
				and the results provided to the Department within five (5) calendar days of
				receipt of the results by the permittee. In addition, representative soil
				sampling of land application sites that may have received sludge during the
				monitoring period must be conducted within 30 days of knowledge of the
				confirmation sampling that confirms sludge PCB levels equal to or greater than
				ten (10) milligrams per kilogram (mg/kg dry weight basis). The results of the
				soil sampling must be provided to the Department within five (5) calendar days
				of receipt by the permittee. The Department may require any further action as
				deemed necessary and consistent with applicable laws.
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.505.A.1 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Coverage.
(1) These regulations contain
				  provisions for the Land Application permit and State permit Program under the
				  South Carolina Pollution Control Act (PCA), S.C. Code Ann. section
				  48-1-10
				  et seq.
(2) These regulations
				  contain provisions for other permits issued for subsurface distribution systems
				  (such as tile fields or drip irrigation systems).
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.505.A.3 - Exclusions

Current through Register Vol. 48, No. 6, June 28, 2024
The following discharges do not require Land Application
					 permits or State permits:
(a) 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
				  directly or indirectly to groundwaters of the State and any land surface of the
				  State are eliminated. (See also R.61-9.122.47(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.
(b) 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 directly or indirectly to groundwaters of the State
				  and any land surface of the State from both concentrated animal feeding
				  operations as defined in R.61-9.122.23, and from silvicultural point sources as
				  defined in R.61-9.122.27.
(c)
				  Return flows from irrigated agriculture.
(d) Discharges permitted under Underground
				  Injection Control (61-87). a South Carolina County Health Department or other
				  Department program area.
(e)
				  Individual Sewage Treatment and Disposal Systems serving one piece of deeded
				  property that are permitted under Regulation Regulation
				  61-56. This includes but is not
				  limited to any individual residence or single piece of deeded property using a
				  septic tank system if a permit for the discharge is obtained under the
				  provisions of R.61-56.
(f) Provided
				  the requirements in section505.8 are met and a permit is issued to Construct an
				  Individual Sewage Treatment and Disposal System under R.61-56, serving more than one
				  piece of deeded property, a Land Application or State Permit will not be
				  required. This exclusion may not apply if industrial wastes or other pollutants
				  are discharged.
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.505.A.4 - Prohibitions

Current through Register Vol. 48, No. 6, June 28, 2024
No State or Land Application permit may be issued:
(a) When the conditions of the permit do not
				  provide for compliance with the applicable requirements of the CWA, State
				  regulations, or regulations promulgated under the PCA;
(b) When the applicant is required to obtain
				  a State or other appropriate certification under section401 of the CWA and that
				  certification has not been obtained or waived;
(c) When the imposition of conditions cannot
				  ensure compliance with the applicable surface or groundwater quality
				  requirements of all affected States;
(d) For the discharge of any radiological,
				  chemical, or biological warfare agent or high-level radioactive
				  waste;
(e)
(1) For any Land Application Permit or State
				  permit which is inconsistent with a plan or plan amendment approved under
				  section208(b)(b) of the CWA, unless the Department finds such variance
				  necessary to protect the public health, safety, and welfare;
(2) In reissuance of a Land Application
				  Permit or State 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 61-9.505 - LAND APPLICATION PERMITS AND STATE PERMITS › Part A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.505.A.5 - Effect of a Land Application permit or State permit

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1)
				  Except for "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. However, a permit may
				  be modified, revoked and reissued, or terminated during its term for cause as
				  set forth in section505.62 and section505.64.
(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".
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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.505.A.6 - Continuation of expiring Land Application permits or State 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 section505.21 which is a complete
				  (under section505.21(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 section505.21 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 61-9.505 - LAND APPLICATION PERMITS AND STATE PERMITS › Part A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.505.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 shall 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 61-9.505 - LAND APPLICATION PERMITS AND STATE PERMITS › Part A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.505.A.8 - Permit requirements by others

Current through Register Vol. 48, No. 6, June 28, 2024
For permits issued under R.61-56 to construct an Individual
					 Sewage Treatment and Disposal System serving more than one piece of deeded
					 property the following requirements apply:
(a) A permit activity will not occur which is
				  inconsistent with a plan or plan amendment approved under section208(b)(b) of
				  the CWA, unless the Department finds such variance necessary to protect the
				  public health, safety, and welfare.
(b) A public entity shall own the system and
				  shall be responsible for the operation, maintenance and replacement of all
				  components unless otherwise approved by the Department. The Department may
				  consider a request for a private entity or person, however the proposal must be
				  evaluated on a case by case basis. The Department can evaluate the capability
				  of reliable system operation in its evaluation.
(c) If the project is owned by a private
				  entity or person, the Department shall require financial assurances for the
				  operation, maintenance, and replacement of the tank and tile field system and
				  relevant pumping components. If residential wastewater is not being managed,
				  the Department may consider waiving this requirement, if justified.
(d) The permit holder shall be required to
				  properly operate and maintain in good working order and operate as efficiently
				  as possible all facilities and systems which are installed or used to achieve
				  compliance with the terms and conditions of the permit.
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 B - LAND APPLICATION PERMIT AND STATE PERMIT APPLICATION AND SPECIAL PROGRAM REQUIREMENTS › Section 61-9.505.B.21 - Application for a Land Application Permit and State Permit

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Duty to apply.
(1) Any person who discharges or proposes to
				  discharge pollutants directly or indirectly to groundwaters of the State or to
				  any land of the State, or who owns or operates a "sludge only facility" and who
				  does not have an effective permit, except persons covered by general permits
				  under R.61-9.122.28 excluded under section505.3, or a user of a privately owned
				  treatment works, unless the Department requires otherwise under
				  section505.44(m)(m), shall submit a complete application to the Department in
				  accordance with this section and R.61-9.124.
(2) A person discharging or proposing to
				  discharge wastes directly or indirectly to the groundwaters of the State or any
				  land of the State shall promptly make application for and obtain a valid Land
				  Application permit or State Permit and, if required, a valid State Construction
				  Permit;
(3) A person operating or
				  proposing to operate a treatment works from which a discharge does not occur,
				  shall promptly make application for and obtain a valid State Permit (or
				  approval by the Department). The Department may also require the submittal of
				  any additional information or data identified under R.61-9.
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 B - LAND APPLICATION PERMIT AND STATE PERMIT APPLICATION AND SPECIAL PROGRAM REQUIREMENTS › Section 61-9.505.B.22 - Signatories to Land Application permit and State permit applications and reports

Current through Register Vol. 48, No. 6, June 28, 2024
Signatories to permit applications and reports shall be in
					 accordance with R.61-9.122.22.
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 B - LAND APPLICATION PERMIT AND STATE PERMIT APPLICATION AND SPECIAL PROGRAM REQUIREMENTS › Section 61-9.505.B.23 - General Land Application permits and State 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 a category of discharges, 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.
(2) Sources. The general permit may be
				  written to regulate, within the area described in paragraph (a)(1) of this
				  section.
(i) [Reserved]
(ii) A category of sources (including
				  industrial sludge) or "treatment works treating domestic sewage", if the
				  sources or "treatment works treating domestic sewage":
(A) Involve the same or substantially similar
				  types of operations;
(B) Discharge
				  the same types of wastes or engage in the same types of sludge use or disposal
				  practices;
(C) Require the same
				  effluent limitations, operating conditions, or standards for sewage sludge use
				  or disposal, or industrial sludge use or disposal;
(D) Require the same or similar monitoring;
				  and
(E) In the opinion of the
				  Department are more appropriately controlled under a general permit than under
				  individual permits.
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 C - LAND APPLICATION PERMIT AND STATE PERMIT CONDITIONS › Section 61-9.505.C.41 - Conditions applicable to all Land Application permits and State permits

Current through Register Vol. 48, No. 6, June 28, 2024
The following conditions apply to all Land Application
					 permits and State permits. Additional conditions applicable to Land Application
					 permits and State permits are in section505.42. All conditions applicable to
					 Land Application permit and State permit shall be incorporated into the permits
					 either expressly or by reference. If incorporated by reference, a specific
					 citation must be given in the permit.
(a) Duty to comply. The permittee shall
				  comply with all conditions of the permit. Any permit noncompliance constitutes
				  a violation of the Pollution Control Act and is grounds for enforcement action;
				  for permit termination, revocation and reissuance, or modification; or denial
				  of a permit renewal application. The Department's approval of wastewater
				  facility Plans and Specifications does not relieve the permittee of
				  responsibility to meet permit limits.
(1)
				  [Reserved]
(2) Failure to comply
				  with permit conditions or the provisions of this regulation may subject the
				  permittee to civil penalties under S.C. Code Section
				  48-1-330 or
				  criminal sanctions under S.C. Code Section
				  48-1-320.
				  Sanctions for violations of the Federal Clean Water Act may be imposed in
				  accordance with the provisions of R.61-9.122.41(a)(2) and (3)(a)(2) and
				  (3).
(3) A person who violates any
				  provision of this regulation, a term, condition or schedule of compliance
				  contained within a valid Land Application permit or State permit is subject to
				  the actions defined in State law and this regulation.
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 C - LAND APPLICATION PERMIT AND STATE PERMIT CONDITIONS › Section 61-9.505.C.43 - Establishing Land Application permit and State permit conditions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) In addition to
				  conditions required in all permits (section505.41 and section505.42), the
				  Department shall establish conditions, as required on a case-by-case basis, to
				  provide for and assure compliance with all applicable requirements of the CWA
				  and PCA and regulations. These shall include conditions under section505.46
				  (duration of permits), section505.47(a)(a) (schedules of compliance), and
				  section505.48 (monitoring).
(b)
(1) An "applicable requirement" is a State
				  statutory or regulatory requirement which takes effect prior to final
				  administrative disposition of a permit. At the discretion of the Department,
				  the comment period may be reopened where new requirements become effective
				  during the permitting process and are of sufficient magnitude to make
				  additional proceedings desirable. An applicable requirement is also any
				  requirement which takes effect prior to the modification or revocation and
				  reissuance of a permit, to the extent allowed in section505.62.
(2) New or reissued permits and, to the
				  extent allowed under section505.62 modified or revoked and reissued permits
				  shall incorporate each of the applicable requirements referenced in
				  section505.44 and section505.45.
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 C - LAND APPLICATION PERMIT AND STATE PERMIT CONDITIONS › Section 61-9.505.C.44 - Establishing limitations, standards, and other Land Application permit and State permit conditions

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to the conditions established under
					 section505.43(a)(a), each Land Application permit and State permit may include
					 conditions meeting the following requirements when applicable.
(a) [Reserved]
(b)
(1)
				  [Reserved]
(2) Standards for sewage
				  sludge use or disposal under section405(d)(d) of the CWA, unless those
				  standards have been included in a permit issued under the appropriate
				  provisions of Subtitle C of the Solid Waste Disposal Act; Part C of Safe
				  Drinking Water Act; the Marine Protection, Research, and Sanctuaries Act of
				  1972; the Clean Air Act; or under regulation R.61-9.503. When there are no
				  applicable standards for sewage sludge use or disposal, the permit may include
				  requirements developed on a case-by-case basis to protect public health and the
				  environment from any adverse effects which may occur from toxic pollutants in
				  sewage sludge. If any applicable standard for sewage sludge use or disposal is
				  promulgated under section405(d)(d) of the CWA and that standard is more
				  stringent than any limitation on the pollutant or practice in the permit, the
				  Department may initiate proceedings under these regulations to modify or revoke
				  and reissue the permit to conform to the standard for sewage sludge use or
				  disposal.
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 C - LAND APPLICATION PERMIT AND STATE PERMIT CONDITIONS › Section 61-9.505.C.45 - Calculating Land Application permit and State permit conditions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Outfalls and
				  discharge points. Permit effluent limitations, standards and prohibitions shall
				  be established for each outfall or discharge point of the permitted facility,
				  except as otherwise provided under section505.44(k)(k) (BMPs, where limitations
				  are infeasible) and paragraph (i) of this section (limitations on internal
				  waste streams).
(b)
				  Production-based limitations. Permit effluent limitations, standards, or
				  prohibitions shall be calculated based on design flow, number of units or other
				  methods established by the Department.
(c) Metals. All permit effluent limitations,
				  standards, or prohibitions for a metal shall be expressed in terms of "total
				  recoverable metal" or "total metals" as defined in 40 CFR Part 136, 40 CFR Part
				  503, or R.61-9.503 unless:
(1) An applicable effluent standard or
				  limitation has been promulgated under the CWA or under R.61-68 which specifies the
				  limitation for the metal in the dissolved or valent or total form; or
(2) In establishing permit limitations on a
				  case-by-case basis under R.61-9.125.3, it is necessary to express the
				  limitation on the metal in the dissolved or valent or total form to carry out
				  the provisions of the CWA; or
(3)
				  All approved analytical methods for the metal inherently measure only its
				  dissolved form (e.g., hexavalent chromium).
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 C - LAND APPLICATION PERMIT AND STATE PERMIT CONDITIONS › Section 61-9.505.C.46 - Duration of Land Application permits and State permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A Land Application permit issued (except
				  for permits issued for activities covered under 40 CFR Part 503 ) pursuant to
				  State law and this regulation shall be effective for a fixed term not to exceed
				  ten (10) years. A Land Application permit issued for activities covered under
				  40 CFR Part 503 pursuant to State law and this regulation shall be effective
				  for a fixed term not to exceed five (5) years. An issued State permit shall
				  remain effective until cancelled or revoked by the Department.
(b) Except as provided in R.61-9.505.6, the
				  term of a Land Application permit shall not be extended by modification beyond
				  the maximum duration specified in this section.
(c) The Department may issue any permit for a
				  duration that is less than the full allowable term under this
				  section.
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 C - LAND APPLICATION PERMIT AND STATE PERMIT CONDITIONS › Section 61-9.505.C.47 - Schedules of compliance

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  General. The State or Land Application permit may, when appropriate, specify a
				  schedule of compliance leading to compliance with CWA, PCA, and regulations.
(1) Time for compliance. Any schedules of
				  compliance under this section shall require compliance as soon as possible, or
				  as provided for under section505.47(c)(c).
(2) The first Land Application permit or
				  State permit issued to a new source or a new discharger shall contain a
				  schedule of compliance only when necessary to allow a reasonable opportunity to
				  attain compliance with requirements issued or revised after commencement of
				  construction but less than three years before commencement of the relevant
				  discharge. For recommencing dischargers, a schedule of compliance shall be
				  available only when necessary to allow a reasonable opportunity to attain
				  compliance with requirements issued or revised less than three years before
				  recommencement of discharge.
(3)
				  Interim dates. Except as provided in paragraph (b)(1)(ii) of this section, if a
				  permit establishes a schedule of compliance which exceeds nine (9) months from
				  the date of permit issuance, the schedule shall set forth interim requirements
				  and the date for their achievement.
(i) The
				  time between interim dates shall not exceed nine (9) months, except that in the
				  case of a schedule for compliance with standards for sewage sludge use and
				  disposal, the time between interim dates shall not exceed six months.
(ii) If the time necessary for completion of
				  any interim requirement (such as the construction of a control facility) is
				  more than nine (9) months and is not readily divisible into stages for
				  completion, the permit shall specify interim dates for the submission of
				  reports of progress toward completion of the interim requirements and indicate
				  a projected completion date.
(4) Reporting. The permit shall be written to
				  require that no later than 14 calendar days following each interim date and the
				  final date of compliance, the permittee shall notify the Department in writing
				  of its compliance or noncompliance with the interim or final requirements, or
				  submit progress reports if paragraph (a)(3)(ii) is applicable.
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 C - LAND APPLICATION PERMIT AND STATE PERMIT CONDITIONS › Section 61-9.505.C.48 - Requirements for recording and reporting of monitoring results

Current through Register Vol. 48, No. 6, June 28, 2024
(a) All permits
				  shall specify:
(1) Requirements concerning
				  the proper use, maintenance, and installation, when appropriate, of monitoring
				  equipment or methods (including biological monitoring methods when
				  appropriate).
(2) Monitoring shall
				  include type, intervals, and frequency sufficient to yield data which are
				  representative of the monitored activity including, when appropriate,
				  continuous monitoring.
(3)
				  Applicable reporting requirements based upon the impact of the regulated
				  activity and as specified in section505.44. Reporting shall be no less frequent
				  than specified in the above regulation.
(4) That a permittee required to monitor a
				  waste discharge shall maintain records of all information resulting from such
				  monitoring, including the date, place and time of sampling; the dates analyses
				  were performed; the person performing the analyses; the analytical techniques,
				  procedures or methods used; and the results of such analyses. All records and
				  results of monitoring activities and calibration and maintenance records shall
				  be retained by the permittee a minimum of three (3) years, unless otherwise
				  required or extended by the Department.
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.61 - Transfer of Land Application permits and State permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Transfers by modification. Except as
				  provided in paragraph (b) of this section, a permit may be transferred by the
				  permittee to a new owner or operator only if the permit has been modified or
				  revoked and reissued (under section505.62(e)(2)(e)(2)), or a minor modification
				  made (under section505.63(d)(d)), to identify the new permittee and incorporate
				  such other requirements as may be necessary under PCA.
(b) Other transfers. As an alternative to
				  transfers under paragraph (a) of this section, any Land Application permit or
				  State permit may be transferred to a new permittee if:
(1) The current permittee notifies the
				  Department at least 30 days in advance of the proposed transfer date, and
				  complies with the requirements in paragraph (b)(2) of this section;
(2) The notice includes a written agreement
				  between the existing and new permittee containing a specific date for transfer
				  of permit responsibility, coverage, and liability between them; and
(3) Permits are non-transferable except with
				  prior consent of the Department. A modification under this subparagraph may
				  also be a minor modification under section505.63.
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.63 - Minor modifications of Land Application permits and State permits

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may modify a permit to make the corrections
					 or allowances for changes in the permitted activity listed in this section,
					 without following the procedures of R.61-9.124. Any Land
					 Application permit modification not processed as a minor modification under
					 this section must be made for cause and with R.61-9.124 draft permit and
					 public notice as required for Land Application Permits in section505.62. Minor
					 modifications may only:
(a) Correct
				  typographical errors;
(b)
(1) Require more frequent monitoring or
				  reporting by the permittee, change the monitoring day, or make other changes
				  which do not result in the discharge of other or more pollutants;
(2) Change or add a requirement to use an
				  analytical method.
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.64 - Termination of Land Application permits and State permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The following are causes for terminating
				  a permit during its term, or for denying a permit renewal application:
(1) Noncompliance by the permittee with any
				  condition of the permit or of a State surface or groundwater
				  standard:
(2) The permittee's
				  failure in the application or during the permit issuance process to disclose
				  fully all relevant facts, or the permittee's misrepresentation of any relevant
				  facts at any time;
(3) A
				  determination that the permitted activity endangers human health or the
				  environment and can only be regulated to acceptable levels by permit
				  modification or termination; or
(4)
(i) A change in any condition that requires
				  either a temporary or permanent reduction or elimination of any discharge or
				  sludge use or disposal practice controlled by the permit (for example, plant
				  closure or termination of discharge by connection to a POTW).
(ii) Cessation of substantially all
				  manufacturing operations, which are a basis for effluent limits or which
				  contribute to a discharge, for a period of 180 days or longer.
(5) A permittee with 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
				  is ineligible for reissuance of a permit once notified by the Department that
				  the regional sewer system is operational.
(6) The permittee's failure to comply with
				  the Environmental Protection Fees RegulationR.61-30.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.600 - VIABILITY REQUIREMENTS › Section 61-9.600.1 - Purpose and Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				Purpose. This regulation establishes rules to ensure that entities owning
				wastewater systems demonstrate the technical, managerial, and financial means
				to comply with the regulations as a prerequisite for receiving a wastewater
				discharge permit (e.g., NPDES), including permit transfers.
(b) Authority and Applicability. This Part
				(R.61-9.600) applies to owners
				of wastewater systems, including facilities to collect, transport, treat and
				discharge wastewater and wastewater residuals, excluding permits under
				R.61-56 and service connections as
				defined by R.61-67. This Part
				(R.61-9.600) does not apply to a
				single business or industrial site that owns a wastewater system serving only
				its own operations or property, excluding residences. Provisions under this
				Part (R.61-9.600) may be waived by
				the Department to remedy existing public health or environmental problems. This
				rule applies on the date published in the State Register.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.600 - VIABILITY REQUIREMENTS › Section 61-9.600.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The definitions contained in R.61-9.122, apply to this
				  regulation. Terms not defined in this section or sections referenced previously
				  have the meaning given by the PCA.
"Business plan" means, in the context of R.61-9.600, a document
				  consisting of three sub-plans, a Facilities Plan, a Management Plan, and a
				  Financing Plan, as applicable, which shows how a wastewater system (or group of
				  systems under a common owner) will be self-sustaining and that the owner has
				  the commitment and capability (financial, managerial, and technical capability)
				  to consistently comply with applicable laws and regulations governing
				  wastewater collection, treatment, and disposal.
"Department" means the South Carolina Department of Health
				  and Environmental Control.
"Viable wastewater system owner" means an owner who has
				  demonstrated the financial, technical, and managerial capability to handle all
				  aspects of operation, maintenance, and replacement of wastewater systems to
				  reasonably assure compliance with Department laws and regulations.
"Wastewater system" means facilities for the collection,
				  transportation, treatment, and disposal of wastewater.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.600 - VIABILITY REQUIREMENTS › Section 61-9.600.3 - General Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				system owner or proposed owner is responsible for demonstrating viability in
				accordance with this Part.
(b)
				Without a demonstration that the proposed owner is or will be a viable
				wastewater system owner, or unless otherwise exempted, the Department may deny
				permit requests under R.61-67 or R.61-9. The Department
				may take necessary actions to bring an existing owner to the point of being a
				viable wastewater system owner, including requiring changes that will provide
				for proper operation, maintenance, and replacement of facilities, and to be in
				compliance with applicable statutes and regulations concerning sewerage
				systems.
(c) In determining whether
				a wastewater system owner is viable, the Department may consider information
				regarding how the owner has demonstrated viability of any existing operations
				in the state, information provided in a business plan, plans for setting sewer
				service rates in accordance with rules of the S.C. Public Service Commission
				(where applicable), and other relevant information. If an owner owns other
				wastewater systems, the Department may consider the overall resources of the
				owner such that an individual wastewater system does not have to be financially
				self-sustaining.