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

Current through Register Vol. 48, No. 6, June 28, 2024
(1) "Actual
			 Emissions" As pertains to Air Quality Control, the actual rate of emissions in
			 tons per year of any regulated pollutant which was emitted over the preceding
			 calendar year or any other period determined by the department to be
			 representative of normal source operation. Actual emissions must be calculated
			 using the unit's actual operating hours, production rates, and in-place control
			 equipment, types of materials processed, stored, or combusted during the
			 preceding calendar year or such other time period established by the
			 department.
(2) "Actual Flow" means
			 (a) aggregate flow as reported on the Discharge Monitoring Reports submitted
			 for the previous year by Industrial dischargers; (b) flow limit as established
			 by NPDES and ND permits for municipal and other non-industrial domestic
			 dischargers.
(3) "Adjudicatory
			 Hearing" means a trial-type proceeding conducted by the Department pursuant to
			 the Department's Procedures for Contested Cases, as defined in
			 R.61-72.101.
(4) "Administratively
			 Complete" means a determination by the Department that all elements of an
			 application, as specified in the applicable regulation and including but not
			 limited to all required signatures and tender of the application fee, where
			 required, have been received.
(5)
			 "Applicant" means a person who applies for, or who is required to apply for a
			 permit from the Department, or on whose behalf a permit application is made or
			 required.
(6) "Application" means
			 those forms supplied by the Department, properly completed, together with such
			 technical reports, plans and specifications as may be required by statute or
			 regulation to apply for a new permit; to renew an expired permit; or to request
			 a major modification to an existing permit requiring substantial technical
			 review by the Department.
(7)
			 "Consumer Price Index (CPI)" The average of the Consumer Price Index for
			 all-urban consumers published by the U. S. Department of Labor as of the close
			 of the 12-month period ending on August 31 of each calendar year.
(8) "Department" means the Department of
			 Health and Environmental Control.
(9) "Environmental Protection Fund" means a
			 special agency-restricted, interest-bearing account established within the
			 Treasurer's Office in which is deposited all fees as authorized to be collected
			 for the Department's environmental programs.
(10) "Minor activity" As pertains to Coastal
			 Zone Management Program, activities which are noncommercial/nonindustrial in
			 nature and provide personal benefits that have no connection with a
			 commercial/industrial enterprise. These include, but are not limited to,
			 activities to construct such structures as private docks, bulkheads to prevent
			 erosion of individual property, beachfront homes seaward of the baseline, and
			 private boat ramps.
(11) "Major
			 activity" As pertains to Coastal Zone Management Program, any construction
			 activity that is not a minor activity. These include, but are not limited to,
			 activities such as marina construction, construction of docks for commercial
			 endeavors, dredging for navigation channels, pipeline construction, and beach
			 renourishment projects.
(12)
			 "Permit Extension" As pertains to Coastal Zone Management critical area
			 permits, is the extension of an existing permit as allowed pursuant to Section
			 48-39-150(F)
			 and R.30-4(D).
(13) "Permit" means
			 any permit, license, certificate, registration, plan approval, variance, or
			 other approval issued by or required by the Department or any of its divisions,
			 pursuant to any statute or regulation.
(14) "Permit Reissuance" is the renewal of an
			 existing permit, license, certification or registration at the end of or during
			 the original period of the existing permit, license, certification or
			 registration.
(15) "Permitted
			 Emissions" As pertains to Air Quality, emissions of a regulated pollutant, as
			 specified in a source's air operating permit issued by the Department. Any
			 physical or operational limitation on a source's capacity to emit a pollutant,
			 including air pollution control equipment and restrictions on hours of
			 operation or on the type or amount of material combusted, stored, or processed,
			 shall be considered in calculating total emissions.
(16) "Permittee" means any person authorized
			 to conduct any activity or business pursuant to a valid permit issued by or
			 filed with the Department.
(17)
			 "Person" means any individual, trust, firm, public or private corporation or
			 authority, partnership, association or other entity or any group thereof or any
			 officer, employee, or agent thereof, including the State and the federal
			 government and any agency or authority thereof, and including any city, town,
			 county, or district of the State.
(18) "Public Hearing" A proceeding, properly
			 noticed in accordance with applicable state and federal laws, during which
			 comments are received and testimony is taken to establish a record of concern
			 prior to an administrative action by the Department.
(19) "Public Notice" Notice of application or
			 of proposed agency action published in accordance with applicable statutes and
			 regulations.
(20) "Regulated
			 Pollutant" As pertains to Air Quality, means the actual or permitted emissions
			 from a source for each of the following compounds or substances:
(a) Except as provided for under G(2)(c), any
			 pollutant regulated by Regulation 61-62.
(b) Volatile Organic Compounds.
(c) Except as provided for under G(2)(c), any
			 pollutant for which a National Ambient Air Quality Standard has been
			 promulgated.
(d) Any pollutant that
			 is addressed by any standard promulgated under Section111 or 112 of the 1990
			 Federal Clean Air Act or Regulation Regulation
			 61-62, Standard No. 8.