South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting
Sec2 61-119.Q - SURFACE WATER PERMITTING AND WITHDRAWAL FEES
Section 61-119.Q.2 - Application Processing Requirements

Universal Citation: SC Code Regs 61-119.Q.2

Current through Register Vol. 48, No. 9, September 27, 2024

a. Application fees shall be due when the application is submitted. The Department will not process an application until the application fee is received. If the applicant withdraws the permit application anytime before the application has been deemed administratively complete, the Department shall refund the entire application fee to the applicant.

b. Upon receipt of an application and appropriate fee, the Department must within ninety (90) days make a decision on the completeness of the application. 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 ninety (90) working days of receipt of an application, the application is deemed complete and the allowed processing time period will begin.

c. Once an applicant has been notified that the application is administratively complete or has been deemed complete according to item 2.b above, the Department shall issue or deny the permit within three hundred sixty five (365) days of that date. If no permit decision has been rendered by the end of the relevant time period, the application fee shall be refunded. If an application fee is refunded due to the Department exceeding the relevant time period, the application remains active.

d. The time period shall be tolled in the following instances.

i. The time period shall be tolled when the Department makes a written request for additional information and shall resume when the Department receives all requested information from the applicant. If an applicant fails to respond to or satisfy such a request within one-hundred eighty (180) days, the Department shall consider the application withdrawn and the application fee will be forfeited. The Department shall notify the applicant no later than ten (10) days prior to expiration of the 180-day period.

ii. The time period shall be tolled if the applicant requests that the permit review be suspended or if the applicant requests in writing that additional time be provided and the Department agrees to the request in writing and specifies an additional period.

iii. The time period shall be tolled if the Department, at least ten (10) days prior to the expiration date, requests a delay in the review process to which the applicant agrees.

iv. The time period shall be tolled if the Department holds a public hearing, in which case the time schedule will be tolled for no more than sixty (60) days.

v. The Department shall notify the applicant when the time period is being tolled and untolled.

e. All times given in days are given in calendar days unless otherwise noted. 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. The day notice is mailed to the applicant that the application is deemed administratively complete shall be counted.

f. 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:

i. results in a change in the category in which the permit application is classified; or

ii. significantly increases or changes the nature of the potential effects of the proposed project or activity on public health and safety or the environment.

iii. 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.
(A) Immediately upon issuance of the notification, the schedule for timely action shall be suspended.

(B) If the determination resulted from a proposed change in design or operation of the proposed project or activity the applicant may, within thirty (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.

(C) 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.

(D) Unless the applicant elects to proceed with the previous application, the original application shall be deemed withdrawn after the start of technical review, and the fee shall be forfeited. Appropriate fees as defined in this section shall be due for the modified application.

(E) 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.

iv. This provision does not apply to initial permits issued pursuant to section D of this regulation.

g. The time periods for the Department to take any action shall be extended whenever:

i. action by another federal, state, or municipal governmental agency is required before the Department may act; or

ii. judicial proceedings then underway affect the ability of the Department or the applicant to proceed with the application; or

iii. when the Department has commenced enforcement proceedings that could result in revocation of an existing permit for that facility or activity and denial of the application; or

iv. 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.

h. 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.

i. The Department shall provide written notice to the permit applicant within fifteen (15) 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.

j. When the Department determines that the reason for such extension is no longer applicable, the Department shall so notify the applicant in writing within fifteen (15) days of making such determination. The time period for the Department to complete a timely review shall begin on the day the notice is mailed.

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