South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-58.1 - Construction and Operation Permits
Section 61-58.1.B - Requirements for Construction Permits

Universal Citation: SC Code Regs 61-58.1.B

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

(1) Before the construction, expansion or modification of any public water system, application for a permit to construct shall be made to, and a permit to construct obtained from, the Department.

(2) The application for a permit to construct shall include the following documentation:

(a) a completed application form for a permit to construct submitted in triplicate (one original and two copies);

(b) four (4) sets of detailed plans (including location map);

(c) three (3) sets of material and construction specifications, except when Department-approved standard specifications are to be used for the construction project;

(d) design data and calculations;

(e) if the owner of the project is different from the utility supplying the water, a letter from the utility supplying the water stating their willingness and ability to serve the project;

(f) if the owner of the project is different from the person that will be responsible for operating and maintaining the project, a letter from that person acknowledging such responsibility; and,

(g) if the owner of the project is different from the entity which has legal authority to serve or grant franchises for the area in which the project is located, the application shall include a letter from that legal entity stating that the proposed project is consistent with the water supply service plan for the area. This letter is not required if the project will not supply water to any person within the service or franchise area, other than to the legal authority.

(3) The application procedure outlined in R.61-58.1(B)(2)(B)(2)is based on a design-bid-build concept for the construction of a project. The Department may consider on a case by case basis alternate design and construction concepts and issue construction permits accordingly.

(4) Before a permit to construct can be issued for a new public water system, the applicant shall demonstrate to the satisfaction of the Department that the new system will be a "viable water system" as defined in R.61-58(B). In addition to the documentation required in R.61-58.1(B)(2)(B)(2), the application for a permit to construct a new public water system shall include a management plan and a multi-year financial plan. These plans will not be required for those new systems whose only source of water is from an existing viable water system and the new system does not provide additional treatment to the water or sell the water. If the application proposes that the new system has its own source of water (i.e., its own well(s) or surface water treatment plant), the applicant shall evaluate the feasibility of connecting to an existing viable public water system as part of the demonstration of viability. This evaluation shall include, but not be limited to, a determination of the willingness and ability of an existing system to serve the project, water quality, capital cost of constructing the line extension versus constructing a new source and the operation and maintenance costs of both alternatives. Any cost comparisons between creating a new water system with its own source of water and connecting to an existing viable water system shall not be based on any subsidized monitoring. Also any financing of the new system shall not utilize a loan amortization schedule which exceeds the useful life of the facility or its components. This demonstration of viability may be presented to the Department in the form of a Preliminary Engineering Report or as an engineering report submitted when applying for a permit to construct.

(5) For projects in the eight coastal counties, no permit may be issued until the project is found by the Department to be consistent with the Coastal Zone Management Program.

(6) Projects involving construction in state navigable waters will be evaluated by the Department for compliance with the Department's regulations concerning such construction before a permit may be issued.

(7) For projects involving a surface water discharge of water treatment residuals or wastewater, a National Pollutant Discharge Elimination System (NPDES) permit must be obtained from the Department. For projects involving land application of water treatment residuals or wastewater, a No Discharge (ND) permit must be obtained from the Department. No construction permit can be issued for such projects until a valid NPDES or ND permit is obtained.

(8) For projects involving a new groundwater source(s), the permitting will be a two step process. In the first step the owner must submit an application for a permit to construct the source. This construction will involve the drilling of the well, the development of the well, conducting a pumping test in accordance with R.61-58.2(B)(12)(B)(12) and testing the water quality in accordance with R.61-58.2(B)(14)(B)(14). The second step will involve the permitting of the pumping equipment, concrete pad, well head piping, and any treatment, storage and/or distribution facilities associated with the source. The owner must make a second application for a permit to construct these facilities. This second application must include the well record form, the necessary plans and specifications and calculations for these facilities along with the results of the pumping test and water quality analyses. The Department may waive this two-step permitting process and issue a single construction permit for the entire project if the quality and quantity of water from the proposed well can be reasonably predicted through information available from existing wells in the immediate area or a test well. In the event the quantity and/or quality of water from the well is different than anticipated in the original design, revised plans and specifications must be submitted to the Department for approval prior to proceeding with the construction of the project.

(9) Construction permits are valid for three (3) years, from the date of issue, at which time the project must be completed or an extension must be applied for in writing. The extension request must be made by the professional engineer of record for the project and, if applicable, shall include current flow test data. Projects for which the permit to construct has been expired for more than one (1) year are considered new projects and must include a new application as required in paragraph 2 of this section.

(10) A permit to construct may be denied when:

(a) the project does not comply with the design requirements specified in R.61-58.2, R.61-58.3, and R.61-58.4;

(b) the water quality fails to comply with the drinking water standards specified in R.61-58.5;

(c) the owner of a proposed new system fails to prove to the Department's satisfaction that the system will be a "viable water system" as defined in R.61-58(B); or,

(d) the project does not comply with the Department's regulations for permits for construction in navigable waters.

(e) the project does not comply with the Interbasin Transfer Act and R.121-12.1 et seq., Code of Laws of South Carolina, 1976, as amended.

(11) Piping associated with a service connection will not require a construction permit if the following conditions are met:

(a) all piping associated with the connection is dedicated strictly for use by a single customer being served water;

(b) the customer consists of only a single house, single mobile home, single building or multiple-building complex under single ownership with no rental units (e.g., schools or industry);

(c) the customer is not a shopping mall, multiple-building complex where there will be several owners or renters (e.g., apartment complex, condominium complex, mobile home park, campground, industrial park, or business park) or marina; and,

(d) the line serving the customer does not pass a lot or potential customer between the connection and the customer to be served (this includes the piping downstream or the service meter as well as piping upstream of the service meter).

(12) Failure to obtain a permit to construct is a violation of the Act (Code Section 44-55-40 ) and is subject to an enforcement action by the Department. Where a person has failed to obtain a permit to construct, an application for permit must be submitted and must include record drawings carrying the seal and signature of a professional engineer.

(13) A 15-day local government notification period shall lapse prior to the issuance of any construction permit. This notification period shall be waived for any projects permitted under the provisions of a general construction permit and delegated review program. This notification period may be waived by the cognizant local government or by the Department if the construction is necessary in order to maintain a safe and adequate supply of water during an emergency. A letter from the local government having potable water planning authority for the area approving the project constitutes a waiver by the cognizant local government.

(14) A dedicated fire line protected by an approved backflow prevention device located at the point of connection to the public water system's distribution line will not require a permit to construct.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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