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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS
Section 61-9.122.B.31 - Indian Tribes. As a Tribe, what is my role under the NPDES storm water program?
Current through Register Vol. 48, No. 9, September 27, 2024
As a Tribe you may:
(a) Be authorized to operate the NPDES program including the storm water program, after EPA determines that you are eligible for treatment in the same manner as a State under sections123.31 through 123.34. (If you do not have an authorized NPDES program, the Department implements the program for discharges on your reservation.);
(b) Be classified as an owner of a regulated small MS4, as defined in section122.32. (Designation of your Tribe as an owner of a small MS4 for purposes of this part is an approach that is consistent with U.S. EPA's 1984 Indian Policy of operating on a government-to-government basis with EPA looking to Tribes as the lead governmental authorities to address environmental issues on their reservations as appropriate. If you operate a separate storm sewer system that meets the definition of a regulated small MS4, you are subject to the requirements under sections122.33 through 122.35. If you are not designated as a regulated small MS4, you may ask EPA to designate you as such for the purposes of this part.); or
(c) Be a discharger of storm water associated with industrial activity or small construction activity under sections122.26(b)(14) or (b)(15)(b)(14) or (b)(15), in which case you must meet the applicable requirements. Within Indian country, the NPDES permitting authority is the Department, unless you are authorized to administer the NPDES program.
