South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-30 - Environmental Protection Fees › Section 61-30.H - Time Schedules

Current through Register Vol. 48, No. 6, June 28, 2024
(1) General
(a) All times given in days are given in
			 calendar days. The last day of the period is to be included, unless it is a
			 Saturday, Sunday, or legal holiday, in which case the period runs until the end
			 of the next day which is not a Saturday, Sunday or legal holiday. With respect
			 to permit reissuance, the schedule for timely action shall apply only if the
			 applicant so elects and notifies the Department in writing.
(b) The day notice is mailed to the applicant
			 that the application is deemed administratively complete shall be counted. If
			 notice that the application is Administratively Complete or notice that the
			 application is not Administratively Complete, together with notice of the
			 specific items deemed to be lacking, is not mailed to an applicant within ten
			 (10) working days of receipt of an application, the time period will
			 begin.
(c) The time schedule shall
			 be tolled when the Department makes a written request for additional
			 information and shall resume when the Department receives the requested
			 information from the applicant. If an applicant fails to respond to such a
			 request within 180 days, the Department will consider the application withdrawn
			 and the application fee will be forfeited. The Department shall notify the
			 applicant no later than 10 days prior to expiration of the 180-day
			 period.
(d) The time periods given
			 in Section H.2 shall be stayed if:
(i) The
			 applicant requests that permit review be suspended;
(ii) The Department at least ten days prior
			 to the expiration date, requests a delay in the review process to which the
			 applicant agrees;
(iii) The
			 Department is requested to hold a public hearing, in which case the time
			 schedule will be tolled for no more than 60 days.
(e) Change in Project.
(i) Determination of Change. The Department
			 may determine that the applicant has filed a new application whenever
			 additional information provided by the applicant during any Departmental review
			 period, in response to any statement identifying deficiencies in the
			 application or supporting materials, or during any period allowed for public
			 comment, either:
1. results in a change in
			 the category in which the permit application is classified, or;
2. significantly increases or changes the
			 nature of the potential effects of the proposed project or activity on public
			 health and safety or the environment. Upon making a determination that the
			 applicant has filed a new application, the Department shall promptly notify the
			 applicant in writing. The notice shall indicate the basis for the determination
			 and summarize the provisions relative to such determinations. The determination
			 that a project has changed shall not be grounds for a request for adjudicatory
			 hearing; however, an applicant aggrieved by such a determination may seek
			 review of the determination as an issue in any appeal of the permit
			 decision.
(ii) Effects
			 of determination on schedule.
1. Immediately
			 upon issuance of the notification, the schedule for timely action shall be
			 suspended.
2. If the determination
			 resulted from a proposed change in design or operation of the proposed project
			 or activity the applicant may, within 30 days, withdraw the change and return
			 to its previous proposal by so notifying the Department in writing. If the
			 applicant so notifies the Department, the schedule for timely action shall
			 resume at the point at which it was suspended.
3. If the determination resulted from any
			 other cause, or if the applicant does not elect to withdraw the change; the
			 Department shall begin a review of the new application pursuant to the relevant
			 schedule for timely action.
(iii) Effects of determination on fee. Unless
			 the applicant elects to proceed with the previous application the original
			 application shall be deemed withdrawn, and the fee shall be forfeited;
			 provided, that the Department shall credit any amount to be refunded toward the
			 permit application fee payable for the new permit unless the applicant requests
			 a refund.
(f) Extension
			 of schedule by other actions.
(i) Failure of
			 payment. Whenever a check or other form of payment of an application fee is
			 returned for insufficient funds, or if payment in full is in any other manner
			 prevented, the schedule for timely action shall be suspended. The department
			 shall notify the applicant of such suspension in writing.
(g) Extension of periods for Departmental
			 action.
(i) The time periods for the
			 Department to take any action shall be extended whenever action by another
			 federal, state, or municipal governmental agency is required before the
			 Department may act, or judicial proceedings then underway affect the ability of
			 the Department or the applicant to proceed with the application, or when the
			 Department has commenced enforcement proceedings which could result in
			 revocation of an existing permit for that facility or activity and denial of
			 the application. The applicant shall promptly notify the Department in writing
			 whenever it believes that action by another governmental agency is required, or
			 that judicial proceedings affect the ability of the Department or the applicant
			 to proceed with the application.
(ii) The Department shall provide written
			 notice to the permit applicant within ten (10) days of making a determination
			 that an extension is necessary. Such notice shall contain a statement of the
			 reasons for which the schedule must be extended.
(iii) When the Department determines that the
			 reason for such extension is no longer applicable, the Department shall so
			 notify the applicant in writing within ten (10) days of making such
			 determination. The time period for the Department to complete the a timely
			 review shall begin on the day the notice is mailed.