South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.270 - PERMIT REQUIREMENTS › Subpart C - PERMIT CONDITIONS › Section 61-79.270.C.30 - Conditions applicable to all permits

Current through Register Vol. 48, No. 6, June 28, 2024
The following conditions apply to all permits under these
					 regulations, and shall be incorporated into the permits either expressly or by
					 reference. If incorporated by reference, a specific citation to these
					 regulations must be given in the permit. (revised 12/92)
(a) Duty to comply. The permittee must comply
				  with all conditions included in his approved permit application, all conditions
				  and restrictions placed upon its permit, all applicable regulations promulgated
				  pursuant to the Act, and all orders issued by the Board, Commissioner, or
				  Department, except that the permittee need not comply with the conditions of
				  this permit to the extent and for the duration such noncompliance is authorized
				  in an emergency permit. (See 270.61). Any permit noncompliance, except under
				  the terms of an emergency permit, constitutes a violation of the appropriate
				  Act and is grounds for enforcement action; for permit termination, revocation
				  and reissuance, or modification; or for denial of a permit renewal
				  application.
(b) Duty to reapply.
				  If the permittee wishes to continue an activity regulated by this permit after
				  the expiration date of this permit, the permittee must apply for and obtain a
				  new permit.
(c) Need to halt or
				  reduce activity not a defense. It shall not be a defense for a permittee in an
				  enforcement action that it would have been necessary to halt or reduce the
				  permitted activity in order to maintain compliance with the conditions of its
				  permit.
(d) In the event of
				  noncompliance with the permit, the permittee shall take all reasonable steps to
				  minimize releases to the environment, and shall carry out such measures as are
				  reasonable to prevent significant adverse impacts on human health or the
				  environment.
(e) Proper operation
				  and maintenance. The permittee shall at all times properly operate and maintain
				  all facilities and systems of treatment and control (and related appurtenances)
				  which are installed or used by the permittee to achieve compliance with the
				  conditions of its permit. Proper operation and maintenance includes effective
				  performance, adequate funding, adequate operator staffing and training, and
				  adequate laboratory and process controls, including appropriate quality
				  assurance procedures. This provision requires the operation of back-up or
				  auxiliary facilities or similar systems only when necessary to achieve
				  compliance with the conditions of its permit.
(f) Permit actions. This permit may be
				  modified, revoked and reissued, or terminated for cause. The filing of a
				  request by the permittee for a permit modification, revocation and reissuance,
				  or termination, or a notification of planned changes or anticipated
				  noncompliance, does not stay any permit condition.
(g) Property rights. The permit does not
				  convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The
				  permittee shall furnish to the Department within a reasonable time, any
				  relevant information which the Department may request to determine whether
				  cause exists for modifying, revoking and reissuing, or terminating its permit,
				  or to determine compliance with its permit. The permittee shall also furnish to
				  the Department, upon request, copies of records required to be kept by its
				  permit.
(i) Inspection and entry.
				  The permittee shall allow an authorized representative of the Department upon
				  the presentation of credentials and other documents as may be required by law,
				  to:
(1) Enter at reasonable times upon the
				  permittee's premises where a regulated facility or activity is located or
				  conducted, or where records must be kept under the conditions of its
				  permit;
(2) Have access to and
				  copy, at reasonable times, any records that must be kept under the conditions
				  of its permit;
(3) Inspect at
				  reasonable times any facilities, equipment (including monitoring and control
				  equipment), practices, or operations regulated or required under its permit;
				  and
(4) Sample or monitor at
				  reasonable times, for the purpose of assuring permit compliance or as otherwise
				  authorized by the Act, any substances or parameters at any location.