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 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.30 - What are the objectives of the storm water regulations for small MS4s?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Sections122.30
				  through 122.36 are written in a "readable regulation" format.
(b) Under the statutory mandate in
				  section402(p)(6)(p)(6) of the Clean Water Act, the purpose of this portion of
				  the storm water program is to designate additional sources that need to be
				  regulated to protect water quality and to establish a comprehensive storm water
				  program to regulate these sources. (Because the storm water program is part of
				  the National Pollutant Discharge Elimination System (NPDES) Program, you should
				  also refer to section122.1 which addresses the broader purpose of the NPDES
				  program.)
(c) Storm water runoff
				  continues to harm the nation's waters. Runoff from lands modified by human
				  activities can harm surface water resources in several ways including changing
				  natural hydrologic patterns and elevating pollutant concentrations and
				  loadings. Storm water runoff may contain or mobilize high levels of
				  contaminants, such as sediment, suspended solids, nutrients, heavy metals,
				  pathogens, toxins, oxygen-demanding substances, and floatables.
(d) EPA and the Department strongly encourage
				  partnerships and the watershed approach as the management framework for
				  efficiently, effectively, and consistently protecting and restoring aquatic
				  ecosystems and protecting public health.
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.31 - Indian Tribes. As a Tribe, what is my role under the NPDES storm water program?

Current through Register Vol. 48, No. 6, June 28, 2024
As a Tribe you may:
(a) Be authorized to operate the NPDES
				  program including the storm water program, after EPA determines that you are
				  eligible for treatment in the same manner as a State under sections123.31
				  through 123.34. (If you do not have an authorized NPDES program, the Department
				  implements the program for discharges on your reservation.);
(b) Be classified as an owner of a regulated
				  small MS4, as defined in section122.32. (Designation of your Tribe as an owner
				  of a small MS4 for purposes of this part is an approach that is consistent with
				  U.S. EPA's 1984 Indian Policy of operating on a government-to-government basis
				  with EPA looking to Tribes as the lead governmental authorities to address
				  environmental issues on their reservations as appropriate. If you operate a
				  separate storm sewer system that meets the definition of a regulated small MS4,
				  you are subject to the requirements under sections122.33 through 122.35. If you
				  are not designated as a regulated small MS4, you may ask EPA to designate you
				  as such for the purposes of this part.); or
(c) Be a discharger of storm water associated
				  with industrial activity or small construction activity under
				  sections122.26(b)(14) or (b)(15)(b)(14) or (b)(15), in which case you must meet
				  the applicable requirements. Within Indian country, the NPDES permitting
				  authority is the Department, unless you are authorized to administer the NPDES
				  program.
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.32 - Is an operator of a small MS4 regulated under the NPDES storm water program?

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Unless you qualify for a waiver under paragraph (c) of this section, you are
				  regulated if you operate a small MS4, including but not limited to systems
				  operated by federal, State, Tribal, and local governments, including State
				  departments of transportation, and:
(1) Your
				  small MS4 is located in an urbanized area as determined by the latest Decennial
				  Census by the Bureau of the Census (If your small MS4 is not located entirely
				  within an urbanized area, only the portion that is within the urbanized area is
				  regulated.); or
(2) You are
				  designated by the Department, including where the designation is pursuant to
				  40
				  CFR 123.35(b)(3) or (b)(4)
				  or is based upon a petition under section122.26(f)(f).
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.35 - May an operator of a regulated small MS4 share the responsibility to implement the minimum control measures with other entities?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) You may rely on another entity to satisfy
				  your NPDES permit obligations to implement a minimum control measure if:
(1) The other entity, in fact, implements the
				  control measure;
(2) The particular
				  control measure, or component thereof, is at least as stringent as the
				  corresponding NPDES permit requirement; and
(3) The other entity agrees to implement the
				  control measure on your behalf. In the reports you must submit under
				  section122.34(g)(3)(g)(3), you must also specify that you rely on another
				  entity to satisfy some of your permit obligations. If you are relying on
				  another governmental entity regulated under section122 to satisfy all of your
				  permit obligations, including your obligation to file periodic reports required
				  by section122.34(g)(3)(g)(3), you must note that fact in your NOI, but you are
				  not required to file the periodic reports. You remain responsible for
				  compliance with your permit obligations if the other entity fails to implement
				  the control measure (or component thereof). Therefore, EPA encourages you to
				  enter into a legally binding agreement with that entity if you want to minimize
				  any uncertainty about compliance with your 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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 61-9.122.B.36 - As an operator of a regulated small MS4, what happens if I don't comply with the application or permit requirements in sections 122.33 through 122.35?

Current through Register Vol. 48, No. 6, June 28, 2024
NPDES permits are federally enforceable. Violators may be
					 subject to the enforcement actions and penalties described in Clean Water Act
					 sections309(b), (c), and (g)(b), (c), and (g) and 505, or under applicable
					 State, Tribal, or local law. Compliance with a permit issued pursuant to
					 section402 of the Clean Water Act is deemed compliance, for purposes of
					 sections309 and 505, with sections301, 302, 306, 307, and 403, except any
					 standard imposed under section307for toxic pollutants injurious to human
					 health. If you are covered as a co-permittee under an individual permit or
					 under a general permit by means of a joint Notice of Intent you remain subject
					 to the enforcement actions and penalties for the failure to comply with the
					 terms of the permit in your jurisdiction except as set forth in
					 section122.35(b)(b).
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 C - PERMIT CONDITIONS › Section 61-9.122.C.41 - Conditions applicable to all permits

Current through Register Vol. 48, No. 6, June 28, 2024
The following conditions apply to all NPDES permits.
					 Additional conditions applicable to NPDES permits are in section 122.42. All
					 conditions applicable to NPDES permit shall be incorporated into the permits
					 either expressly or by reference. If incorporated by reference, a specific
					 citation to the federal regulations (or the corresponding approved State
					 regulations) must be given in the permit.
(a) Duty to comply. The permittee must comply
				  with all conditions of the permit. Any permit noncompliance constitutes a
				  violation of the Clean Water Act and 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) The permittee shall comply with effluent
				  standards or prohibitions established under section 307(a)(a) of the Clean
				  Water Act for toxic pollutants and with standards for sewage sludge use or
				  disposal established under section 405(d)(d) of the CWA within the time
				  provided in the regulations that establish these standards or prohibitions or
				  standards for sewage sludge use or disposal, even if the permit has not yet
				  been modified to incorporate the requirement.
(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 40 CFR Part 122.41(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 NPDES permit, or the State law is subject to the actions defined in the
				  State law.
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 C - PERMIT CONDITIONS › Section 61-9.122.C.42 - Additional conditions applicable to specified categories of NPDES permits

Current through Register Vol. 48, No. 6, June 28, 2024
The following conditions, in addition to those set forth in
					 section 122.41, apply to all NPDES permits within the categories specified
					 below:
(a) Existing manufacturing,
				  commercial, mining, and silvicultural dischargers. In addition to the reporting
				  requirements under section 122.41(1)(1), all existing manufacturing,
				  commercial, mining, and silvicultural dischargers must notify the Department as
				  soon as they know or have reason to believe:
(1) That any activity has occurred or will
				  occur which would result in the discharge on a routine or frequent basis, of
				  any toxic pollutant which is not limited in the permit, if that discharge will
				  exceed the highest of the following "notification levels":
(i) One hundred micrograms per liter (100
				  ug/l);
(ii) Two hundred micrograms
				  per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms
				  per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;
				  and one milligram per liter (1 mg/l) for antimony;
(iii) Five (5)times the maximum concentration
				  value reported for that pollutant in the permit application in accordance with
				  section 122.21(g)(7)(g)(7); or
(iv)
				  The level established by the Department in accordance with
				  section122.44(f)(f).
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 C - PERMIT CONDITIONS › Section 61-9.122.C.43 - Establishing permit conditions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) In addition to conditions required in all
				  permits (sections 122.41 and 122.42), the Department shall establish
				  conditions, as required on a case-by-case basis, to provide for and ensure
				  compliance with all applicable requirements of CWA and PCA and regulations.
				  These shall include conditions under section 122.46 (duration of permits),
				  section 122.47(a) (schedules of compliance), and section 122.48 (monitoring),
				  and electronic reporting requirements of 40 CFR Part 3 (Cross-Media Electronic
				  Reporting Regulation) and 40 CFR Part 127 (NPDES Electronic
				  Reporting).
(b)
(1) An "applicable requirement" is a State
				  statutory or regulatory requirement which takes effect prior to final
				  administrative disposition of a permit. 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 section 122.62.
(2) New or reissued permits, and to the
				  extent allowed under section 122.62 modified or revoked and reissued permits,
				  shall incorporate each of the applicable requirements referenced in
				  section122.44 and section 122.45.
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 C - PERMIT CONDITIONS › Section 61-9.122.C.44 - Establishing limitations, standards, and other permit conditions

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to the conditions established under
					 section122.43(a)(a), each NPDES permit shall include conditions meeting the
					 following requirements when applicable.
(a)
(1)
				  Technology-based effluent limitations and standards based on effluent
				  limitations and standards promulgated under section301 of the CWA, new source
				  performance standards promulgated under section 306 of CWA, or case-by-case
				  effluent limitations determined under section402(a)(1)(a)(1) of CWA, or a
				  combination of the three, in accordance with section 125.3. For new sources or
				  new dischargers, these technology based limitations and standards are subject
				  to the provisions of section 122.29(d)(d) (protection period).
(2) Monitoring waivers for certain
				  guideline-listed pollutants.
(i) The
				  Department may authorize a discharger subject to technology-based effluent
				  limitations guidelines and standards in an NPDES permit to forego sampling of a
				  pollutant found at 40 CFR Subchapter N if the discharger has demonstrated
				  through sampling and other technical factors that the pollutant is not present
				  in the discharge or is present only at background levels from intake water and
				  without any increase in the pollutant due to activities of the
				  discharger.
(ii) This waiver is
				  good only for the term of the permit and is not available during the term of
				  the first permit issued to a discharger.
(iii) Any request for this waiver must be
				  submitted when applying for a reissued permit or modification of a reissued
				  permit. The request must demonstrate through sampling or other technical
				  information, including information generated during an earlier permit term that
				  the pollutant is not present in the discharge or is present only at background
				  levels from intake water and without any increase in the pollutant due to
				  activities of the discharger.
(iv)
				  Any grant of the monitoring waiver must be included in the permit as an
				  expressed permit condition and the reasons supporting the grant must be
				  documented in the permit's fact sheet or statement of basis.
(v) This provision does not supersede
				  certification processes and requirements already established in existing
				  effluent limitations guidelines and standards.
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 C - PERMIT CONDITIONS › Section 61-9.122.C.46 - Duration of permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An
				  NPDES permit issued pursuant to State law and this regulation shall be
				  effective for a fixed term not to exceed 5 years. A person who wishes to
				  continue to operate under such permit shall apply for re-issuance of a permit
				  pursuant to this regulation.
(b)
				  Except as provided in section122.6, the term of a 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.
(d) A permit may be
				  issued to expire on or after the statutory deadline set forth in
				  section301(b)(2)(A), (C), and (E)(b)(2)(A), (C), and (E), if the permit
				  includes effluent limitations to meet the requirements of section301(b)(2) (A),
				  (C), (D), (E) and (F)(b)(2) (A), (C), (D), (E) and (F), whether or not
				  applicable effluent limitations guidelines have been promulgated or
				  approved.
(e) A determination that
				  a particular discharger falls within a given industrial category for purposes
				  of setting a permit expiration date under paragraph (d) of this section is not
				  conclusive as to the discharger's inclusion in that industrial category for any
				  other purposes, and does not prejudice any rights to challenge or change that
				  inclusion at the time that a permit based on that determination is
				  formulated.
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 C - PERMIT CONDITIONS › Section 61-9.122.C.47 - Schedule of compliance

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  General. The NPDES 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, but
				  not later than the applicable statutory deadline under the CWA or as provided
				  for under section122.47(c)(c).
(2)
				  The first NPDES 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 10 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 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part C - PERMIT CONDITIONS › Section 61-9.122.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 section 122.44. 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 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part C - PERMIT CONDITIONS › Section 61-9.122.C.50 - Disposal of pollutants into publicly-owned treatment works

Current through Register Vol. 48, No. 6, June 28, 2024
(a) When part of a
				  discharger's process wastewater is not being discharged into waters of the
				  State or contiguous zone because it is disposed into a POTW, thereby reducing
				  the flow or level of pollutants being discharged into waters of the State,
				  applicable effluent standards and limitations for the discharge in an NPDES
				  permit shall be adjusted to reflect the reduced raw waste resulting from such
				  disposal. Effluent limitations and standards in the permit shall be calculated
				  by one of the following methods:
(1) If none
				  of the waste from a particular process is discharged into waters of the State,
				  and effluent limitations guidelines provide separate allocation for wastes from
				  that process, all allocations for the process shall be eliminated from
				  calculation of permit effluent limitations or standards.
(2) In all cases other than those described
				  in paragraph (a)(1) of this section, effluent limitations shall be adjusted by
				  multiplying the effluent limitation derived by applying effluent limitation
				  guidelines to the total waste stream by the amount of wastewater flow to be
				  treated and discharged into waters of the State, and dividing the result by the
				  total wastewater flow. Effluent limitations and standards so calculated may be
				  further adjusted under R.61-9.125 Part D to make them
				  more or less stringent if discharges to publicly owned treatment works change
				  the character or treatability of the pollutants being discharged to receiving
				  waters. This method may be algebraically expressed as:
P = E x N
-----
T
where P is the permit effluent limitation, E is the
					 limitation derived by applying effluent guidelines to the total wastestream, N
					 is the wastewater flow to be treated and discharged to waters of the State, and
					 T is the total wastewater flow.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - TRANSFER, MODIFICATION, REVOCATION, AND REISSUANCE AND TERMINATION OF PERMITS › Section 61-9.122.D.61 - Transfer of 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
				  section122.62(e)(2)(e)(2)), or a minor modification made (under
				  section122.63(d)(d)), to identify the new permittee and incorporate such other
				  requirements as may be necessary under CWA.
(b) Other transfers. As an alternative to
				  transfers under paragraph (a) of this section, any NPDES 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 in paragraph (b)(2) of this section;
(2) The notice includes a written agreement
				  between the existing and new permittees 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 section122.63.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - TRANSFER, MODIFICATION, REVOCATION, AND REISSUANCE AND TERMINATION OF PERMITS › Section 61-9.122.D.63 - Minor modifications of permits

Current through Register Vol. 48, No. 6, June 28, 2024
Upon the consent of the permittee, 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 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 in section 122.62. Minor modifications may only:
(a) Correct typographical errors;
(b) Require more frequent monitoring or
				  reporting by the permittee;
(c)
				  Change an interim compliance date in a schedule of compliance, provided the new
				  date is not more than 120 days after the date specified in the existing permit
				  and does not interfere with attainment of the final compliance date
				  requirement; or
(d) Approve permit
				  transfer for a Change in Ownership, as follows:
(1) Allow for a change in ownership or
				  operational control of a facility where the Department determines that no other
				  change in the permit is necessary, provided that a written agreement containing
				  a specific date for transfer of permit responsibility, coverage, and liability
				  between the current and new permittees has been submitted to the
				  Department.
(2) Whenever there
				  occurs a change in the ownership of treatment works which are the subject of a
				  NPDES permit the new owner shall notify the Department of this change in
				  ownership within thirty (30) days thereof and shall be bound by all the terms
				  and conditions of said permit or permits.
(3) Change the name of the
				  facility.
(4) Permits are
				  non-transferable except with the prior consent of the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part D - TRANSFER, MODIFICATION, REVOCATION, AND REISSUANCE AND TERMINATION OF PERMITS › Section 61-9.122.D.64 - Termination of 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:
(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 section 208 of the CWA
				  is ineligible for reissuance of a permit once 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 › Appendix 61-9.122.A - NPDES Primary Industry Categories

Current through Register Vol. 48, No. 6, June 28, 2024
Any permit issued after June 30, 1981 to dischargers in the
				  following categories shall include effluent limitations and a compliance
				  schedule to meet the requirements of section301(b)(2)(A), (C), (D), (E) and
				  (F)(b)(2)(A), (C), (D), (E) and (F) of CWA, whether or not applicable effluent
				  limitations guidelines have been promulgated. See section122.44 and
				  section122.46.
Industry Category
Adhesives and sealants
Aluminum forming
Auto and other laundries
Battery manufacturing
Coal mining
Coil coating
Copper forming
Electrical and electronic components
Electroplating
Explosives manufacturing
Foundries
Gum and wood chemicals
Inorganic chemicals manufacturing
Iron and steel manufacturing
Leather tanning and finishing
Mechanical products manufacturing
Nonferrous metal manufacturing
Ore mining
Organic chemicals manufacturing
Paint and ink formulation
Pesticides
Petroleum refining
Pharmaceutical preparations
Photographic equipment and supplies
Plastics processing
Plastic and synthetic materials manufacturing
Porcelain enameling
Printing and publishing
Pulp and paper mills
Rubber processing
Soap and detergent manufacturing
Steam electric power plants
Textile Mills
Timber Products Processing
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 › Appendix 61-9.122.C - Criteria for Determining a Concentrated Aquatic Animal Production Facility (section 122.24)

Current through Register Vol. 48, No. 6, June 28, 2024
A hatchery, fish farm, or other facility is a concentrated
				  aquatic animal production facility for purposes of section122.24 if it
				  contains, grows, or holds aquatic animals in either of the following
				  categories:
(a) Cold water fish
				species or other cold water aquatic animals in ponds, raceways, or other
				similar structures which discharge at least 30 days per year but does not
				include:
(1) Facilities which produce less
				than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic
				animals per year; and
(2)
				Facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of
				food during the calendar month of maximum feeding.
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 › Appendix 61-9.122.F - INCORPORATED PLACES WITH POPULATIONS GREATER THAN 250,000 ACCORDING TO THE 1990 DECENNIAL CENSUS BY BUREAU OF CENSUS (Refer to 40 CFR Part 122, Appendix F)

Current through Register Vol. 48, No. 6, June 28, 2024
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 › Appendix 61-9.122.G - INCORPORATED PLACES WITH POPULATIONS GREATER THAN 100,000 AND LESS THAN 250,000 ACCORDING TO 1990 DECENNIAL CENSUS BY BUREAU OF CENSUS (Refer to 40 CFR Part 122, Appendix G)

Current through Register Vol. 48, No. 6, June 28, 2024
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 › Appendix 61-9.122.H - COUNTIES WITH UNINCORPORATED URBANIZED AREAS WITH A POPULATION OF 250,000 OR MORE ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF CENSUS (Refer to 40 CFR Part 122, Appendix H)

Current through Register Vol. 48, No. 6, June 28, 2024
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 › Appendix 61-9.122.I - COUNTIES WITH UNINCORPORATED URBANIZED AREAS GREATER THAN 100,000, BUT LESS THAN 250,000 ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF CENSUS (Refer to 40 CFR Part 122, Appendix I)

Current through Register Vol. 48, No. 6, June 28, 2024
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 › Appendix 61-9.122.J - NPDES PERMIT TESTING REQUIREMENTS FOR PUBLICLY OWNED TREATMENT WORKS [section 122.21(j)]

Current through Register Vol. 48, No. 6, June 28, 2024
Table 1A--Effluent Parameters for All POTWS
Biochemical oxygen demand (BOD5 or
				  CBOD5), 5-day
Fecal coliforms
Design Flow Rate
pH
Temperature
Total suspended solids
Table 1--Effluent Parameters for All POTWS With a Flow Equal
				  to or Greater Than 0.1 MGD
Ammonia (as N)
Chlorine (total residual, TRC)
Dissolved oxygen
Nitrate/nitrite
Kjeldahl nitrogen
Oil and grease
Phosphorus
Total dissolved solids
Table 2--Effluent Parameters for Selected POTWS
Cyanide
Hardness
Metals (total recoverable), cyanide and total
								phenols
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Zinc
Phenolic compounds, total
Volatile organic compounds
Acrolein
Acrylonitrile
Benzene
Bromoform
Carbon tetrachloride
Chlorobenzene
Chlorodibromomethane
Chloroethane
2-chloroethylvinyl ether
Chloroform
Dichlorobromomethane
1,1-dichloroethane
1,2-dichloroethane
Trans-1,2-dichloroethylene
1,1-dichloroethylene
1,2-dichloropropane
1,3-dichloropropylene
Ethylbenzene
Methyl bromide
Methyl chloride
Methylene chloride
1,1,2,2-tetrachloroethane
Tetrachloroethylene
Toluene
1,1,1-trichloroethane
1,1,2-trichloroethane
Trichloroethylene
Vinyl chloride
Acid-extractable compounds
P-chloro-m-cresol
2-chlorophenol
2,4-dichlorophenol
2,4-dimethylphenol
4,6-dinitro-o-cresol
2,4-dinitrophenol
2-nitrophenol
4-nitrophenol
Pentachlorophenol
Phenol
2,4,6-trichlorophenol
Base-neutral compounds:
Acenaphthene
Acenaphthylene
Anthracene
Benzidine
Benzo(a)anthracene
Benzo(a)pyrene
3,4-benzofluoranthene
Benzo(ghi)perylene
Benzo(k)fluoranthene
Bis (2-chloroethoxy) methane
Bis (2-chloroethyl) ether
Bis (2-chloroisopropyl) ether
Bis (2-ethylhexyl) phthalate
4-bromophenyl phenyl ether
Butyl benzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
Chrysene
Di-n-butyl phthalate
Di-n-octyl phthalate
Dibenzo(a,h)anthracene
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
3,3'-dichlorobenzidine
Diethyl phthalate
Dimethyl phthalate
2,4-dinitrotoluene
2,6-dinitrotoluene
1,2-diphenylhydrazine
Fluoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclo-pentadiene
Hexachloroethane
Indeno(1,2,3-cd)pyrene
Isophorone
Naphthalene
Nitrobenzene
N-nitrosodi-n-propylamine
N-nitrosodimethylamine
N-nitrosodiphenylamine
Phenanthrene
Pyrene
1,2,4 -trichlorobenzene
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.1 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
This part contains the Department's procedures for issuing,
					 modifying, revoking and reissuing, or terminating all NPDES, Land Application,
					 and State permits (including "sludge-only" permits issued pursuant to
					 R.61-9.122.1(b)(2)(b)(2)).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to the definitions given in R.61-9.122.2,
					 R.61-9.503.9, R.61-9.503.11, R.61-9.503.21, R.61-9.503.31, R.61-9.503.41,
					 R.61-9.504.9, R.61-9.504.11, R.61-9.504.21, R.61-9.504.31, R.61-9.505.2 and
					 40
					 CFR 501.2 (sludge management), the following
					 definitions apply to this regulation. Terms not defined in this section have
					 the meaning given by the Clean Water Act (CWA) or Pollution Control Act
					 (PCA).
(a) "Appropriate Act and
				  regulations" means the Clean Water Act (CWA); the Pollution Control Act (PCA);
				  the Solid Waste Disposal Act, as amended by the Resource Conservation and
				  Recovery Act (RCRA); or Safe Drinking Water Act (SDWA), whichever is
				  applicable; and applicable regulations promulgated under those statutes.
				  Appropriate Act and regulations includes program requirements.
(b) [Reserved]
(c) "Interstate Agency" means an agency of
				  two or more States established by or under an agreement or compact approved by
				  the Congress, or any other agency of two or more States having substantial
				  powers or duties pertaining to the control of pollution as determined and
				  approved by the Administrator under the "appropriate Act and
				  regulations."
(d) "RCRA" means the
				  Solid Waste Disposal Act as amended by the Resource Conservation and Recovery
				  Act of 1976 ( Pub. L. 94-580, as amended by Pub. L. 95-609, 42 U.S.C. Section
				  6901 et seq.).
(e) "SDWA" means the
				  Safe Drinking Water Act ( Pub. L. 95-523, as amended by Pub. L. 95-1900;
				  42 U.S.C.
				  300 f et seq.; and the 1986 Amendments Pub.
				  L. 99-339.
(f) "Schedule of
				  compliance" means a schedule of remedial measures included in a permit,
				  including an enforceable sequence of interim requirements (for example,
				  actions, operations, or milestone events) leading to compliance with the
				  appropriate Act and regulations.
(g) "Section404permit" means a permit to
				  regulate the discharge of dredged material and the discharge of fill material
				  under Section404 of the Clean Water Act in the waters of the State.
(h) "UIC" means the Underground Injection
				  Control program under Part C of the Safe Drinking Water Act, including an
				  "approved program."
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.3 - Application for a permit

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1)Any person who requires a permit under the
				  NPDES program shall complete, sign, and submit to the Department an application
				  for each permit required under R.61-9.122.1. Applications are not required for
				  NPDES general permits under R.61-9.122.28.
(2) The Department shall not begin the
				  processing of a permit until the applicant has fully complied with the
				  application requirements for that permit.
(3) Permit applications must comply with the
				  signature and certification requirements of R.61-9.122.22.
(4) A person discharging waste from more than
				  one (1) location shall file a separate application for each discharge location.
				  A single application may be filed for multiple outfalls discharging from a
				  single location, except that the discharge from each outfall shall be described
				  separately in the application.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.6 - Draft permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Once an
				  application is complete, the Department shall tentatively decide whether to
				  prepare a draft permit or to deny the application.
(b) If the Department tentatively decides to
				  deny the permit application, it shall issue a notice of intent to deny. A
				  notice of intent to deny the permit application is a type of draft permit which
				  follows the same procedures as any other draft permit prepared under this
				  section. See section124.6(e)(e). If the Department's final decision
				  (section124.15) is that the tentative decision to deny the permit application
				  was incorrect, it shall withdraw the notice of intent to deny and proceed to
				  prepare a draft permit under paragraph (d) of this section.
(c) If the Department tentatively decides to
				  issue an NPDES, Land Application, State, or general permit, it shall prepare a
				  draft NPDES, Land Application, State, general or 404 general permit under
				  paragraph (d) of this section.
(d)
				  If the Department decides to prepare a draft permit, it shall prepare a draft
				  permit that contains the following information:
(1) For permits under R.61-9.122, all conditions
				  under R.61-9.122.41 and R.61-9.122.43;
(2) For permits under R.61-9.122, all compliance
				  schedules under R.61-9.122.47;
(3)
				  For permits under R.61-9.122, all monitoring requirements under
				  R.61-9.122.48;
(4)
(i) For permits under R.61-9.505, all applicable
				  conditions under R.61-9.505.41; and R.61-9.505.43;
(ii) For permits under R.61-9.505, all
				  compliance schedules under R.61-9.505.47; and
(iii) For permits under R.61-9.505, all applicable
				  monitoring requirements under R.61-9.505.48;
(iv) For Land Application, State or sludge
				  disposal permits, effluent limitations, standards, prohibitions, standards for
				  sewage sludge use or disposal, and conditions under R.61-9.503; R.61-9.504; or
				  61.9.505 including R.61-9.505.41, R.61-9.505.42, R.61-9.505.44, and any
				  applicable conditions as determined by the Department;
(v) For NPDES permits, effluent limitations,
				  standards, prohibitions, standards for sewage sludge use or disposal, and
				  conditions under R.61-9.122.41, R.61-9.122.42, and R.61-9.122.44, including
				  when applicable any conditions certified by a State agency under section124.55
				  and all variances that are to be included under section124.63.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.8 - Fact sheet

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A fact
				  sheet shall be prepared for every draft permit for a major NPDES facility or
				  activity, for every Class I sludge management facility, for every NPDES general
				  permit (R.61-9.122.28), for every NPDES draft permit that incorporates a
				  variance or requires an explanation under section124.56(b)(b), for every draft
				  permit that includes a sewage sludge land application plan under
				  40 CFR
				  501.15(a)(2)(ix), and for
				  every draft permit which the Department finds is the subject of wide-spread
				  public interest or raises major issues. The fact sheet shall briefly set forth
				  the principal facts and the significant factual, legal, methodological and
				  policy questions considered in preparing the draft permit. The Department shall
				  send this fact sheet to the applicant and, on request, to any other person. A
				  fact sheet may be prepared by the Department for draft permits under
				  R.61-9.505.
(b) The fact sheet
				  shall include, when applicable:
(1) A brief
				  description of the type of facility or activity which is the subject of the
				  draft permit;
(2) The type and
				  quantity of wastes, fluids, or pollutants which are proposed to be treated,
				  stored, disposed of, injected, emitted, or discharged;
(3) [Reserved]
(4) [Reserved]
(5) Reasons why any requested variances or
				  alternatives to required standards do or do not appear justified;
(6) A description of the procedures for
				  reaching a final decision on the draft permit including:
(i) The beginning and ending dates of the
				  comment period under section124.10 and the address where comments will be
				  received;
(ii) Procedures for
				  requesting a hearing and the nature of that hearing; and
(iii) Any other procedures by which the
				  public may participate in the final decision.
(7) Name and telephone number of a person to
				  contact for additional information.
(8) For NPDES permits, provisions satisfying
				  the requirements of section124.56.
(9) Justification for waiver of any
				  application requirements under section122.21(j) or (q)(j) or (q) of this
				  chapter.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING › Part A - GENERAL PROGRAM REQUIREMENTS › Section 61-9.124.A.10 - Public notice of permit actions and public comment period

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Scope.
(1) The Department shall give public notice
				  of NPDES or Land Application permits that the following actions have occurred:
(i) A permit application has been tentatively
				  denied under section 124.6(b)(b);
(ii) A draft permit has been prepared under
				  section 124.6(d)(d);
(iii) A
				  hearing has been scheduled under section 124.12;
(iv) [Reserved]
(v) [Reserved]
(vi) An NPDES new source determination has
				  been made under R.61-9.122.29.