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.33 - How does an operator of a regulated, small MS4 apply for an NPDES permit, and when must he apply?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) If
				  you operate a regulated, small MS4 under section122.32, you must seek coverage
				  under a NPDES permit issued by the Department. As South Carolina is an NPDES
				  authorized State, then the State is your NPDES permitting authority.
(b) You must seek authorization to discharge
				  under a general or individual NPDES permit, as follows:
(1) If the Department has issued a general
				  permit applicable to your discharge and you are seeking coverage under the
				  general permit, you must submit a Notice of Intent (NOI) that includes the
				  information on your best management practices and measurable goals required by
				  section122.34(d)(d). You may file your own NOI, or you and other municipalities
				  or governmental entities may jointly submit an NOI. If you want to share
				  responsibilities for meeting the minimum measures with other municipalities or
				  governmental entities, you must submit an NOI that describes which minimum
				  measures you will implement and identify the entities that will implement the
				  other minimum measures within the area served by your MS4. The general permit
				  will explain any other steps necessary to obtain permit
				  authorization.
(2)
(i) If you are seeking authorization to
				  discharge under an individual permit and wish to implement a program under
				  section122.34(d), you must submit an application to the Department that
				  includes the information required under sections122.21(f)(7)(f) and
				  122.34(b)(3)(i)(d), an estimate of the area in square miles served by your
				  small MS4, and any additional information that your NPDES permitting authority
				  requests. A storm sewer map that satisfies the requirement of
				  section122.34(b)(3)(i) will satisfy the map requirement in
				  section122.21(f)(f)(7).
(ii) If you
				  are seeking authorization to discharge under an individual permit and wish to
				  implement a program that is different from the program under section122.34, you
				  will need to comply with the permit application requirements of
				  section122.26(d)(d). You must submit both Parts of the application requirements
				  in sections122.26(d)(1) and (2)(d)(1) and (2) by March 10, 2003. You do not
				  need to submit the information required by sections122.26(d)(1)(ii) and
				  (d)(2)(d)(1)(ii) and (d)(2) regarding your legal authority, unless you intend
				  for the permit writer to take such information into account when developing
				  your other permit conditions.
(iii)
				  If allowed by the Department, you and another regulated entity may jointly
				  apply under either paragraph (b)(2)(i) or (b)(2)(ii) of this section to be
				  co-permittees under an individual permit.
(3) If your small MS4 is in the same
				  urbanized area as a medium or large MS4 with an NPDES storm water permit and
				  that other MS4 is willing to have you participate in its storm water program,
				  you and the other MS4 may jointly seek a modification of the other MS4 permit
				  to include you as a limited co-permittee. As a limited co-permittee, you will
				  be responsible for compliance with the permit's conditions applicable to your
				  jurisdiction. If you choose this option you will need to comply with the permit
				  application requirements of section122.26, rather than the requirements of
				  section122.34. You do not need to comply with the specific application
				  requirements of section122.26(d)(1)(iii) and (iv) and (d)(2)(iii)(d)(1)(iii)
				  and (iv) and (d)(2)(iii) (discharge characterization). You may satisfy the
				  requirements in section122.26 (d)(1)(v) and (d)(2)(iv) (identification of a
				  management program) by referring to the other MS4's storm water management
				  program.