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 A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS
Section 61-9.122.A.6 - Continuation of expiring permits

Universal Citation: SC Code Regs 61-9.122.A.6

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

(a) The conditions of an expired permit continue in force under S.C. Code section 1-23-370(b) until the effective date of a new permit (see R.61-9.124.15), except when the permit requires connection to a regional sewer system or other treatment facilities under the water quality management plan under section208 of the CWA and the permittee has been notified by the Department that the regional sewer system is operational, if:

(1) The permittee has submitted a timely application under section122.21 which is a complete (under section122.21(e)(e)) application for a new permit; and

(2) The Department, through no fault of the permittee does not issue a new permit with an effective date under R.61-9.124.15 on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints); or

(3) The permittee has submitted a timely application under section122.21 which is a complete application for a new permit and makes a timely appeal of the new permit.

(b) Effect. Permits continued under this section remain fully effective and enforceable.

(c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit the Department may choose to do any or all of the following:

(1) Initiate enforcement action based upon the permit which has been continued;

(2) Issue a notice of intent to deny the new permit under section124.6. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

(3) Issue a new permit under R.61-9.124 with appropriate conditions; or

(4) Take other actions authorized by these regulations.

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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