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.33 - How does an operator of a regulated, small MS4 apply for an NPDES permit, and when must he apply?

Universal Citation: SC Code Regs 61-9.122.B.33

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

(a) If you operate a regulated, small MS4 under section122.32, you must seek coverage under a NPDES permit issued by the Department. As South Carolina is an NPDES authorized State, then the State is your NPDES permitting authority.

(b) You must seek authorization to discharge under a general or individual NPDES permit, as follows:

(1) If the Department has issued a general permit applicable to your discharge and you are seeking coverage under the general permit, you must submit a Notice of Intent (NOI) that includes the information on your best management practices and measurable goals required by section122.34(d)(d). You may file your own NOI, or you and other municipalities or governmental entities may jointly submit an NOI. If you want to share responsibilities for meeting the minimum measures with other municipalities or governmental entities, you must submit an NOI that describes which minimum measures you will implement and identify the entities that will implement the other minimum measures within the area served by your MS4. The general permit will explain any other steps necessary to obtain permit authorization.

(2)
(i) If you are seeking authorization to discharge under an individual permit and wish to implement a program under section122.34(d), you must submit an application to the Department that includes the information required under sections122.21(f)(7)(f) and 122.34(b)(3)(i)(d), an estimate of the area in square miles served by your small MS4, and any additional information that your NPDES permitting authority requests. A storm sewer map that satisfies the requirement of section122.34(b)(3)(i) will satisfy the map requirement in section122.21(f)(f)(7).

(ii) If you are seeking authorization to discharge under an individual permit and wish to implement a program that is different from the program under section122.34, you will need to comply with the permit application requirements of section122.26(d)(d). You must submit both Parts of the application requirements in sections122.26(d)(1) and (2)(d)(1) and (2) by March 10, 2003. You do not need to submit the information required by sections122.26(d)(1)(ii) and (d)(2)(d)(1)(ii) and (d)(2) regarding your legal authority, unless you intend for the permit writer to take such information into account when developing your other permit conditions.

(iii) If allowed by the Department, you and another regulated entity may jointly apply under either paragraph (b)(2)(i) or (b)(2)(ii) of this section to be co-permittees under an individual permit.

(3) If your small MS4 is in the same urbanized area as a medium or large MS4 with an NPDES storm water permit and that other MS4 is willing to have you participate in its storm water program, you and the other MS4 may jointly seek a modification of the other MS4 permit to include you as a limited co-permittee. As a limited co-permittee, you will be responsible for compliance with the permit's conditions applicable to your jurisdiction. If you choose this option you will need to comply with the permit application requirements of section122.26, rather than the requirements of section122.34. You do not need to comply with the specific application requirements of section122.26(d)(1)(iii) and (iv) and (d)(2)(iii)(d)(1)(iii) and (iv) and (d)(2)(iii) (discharge characterization). You may satisfy the requirements in section122.26 (d)(1)(v) and (d)(2)(iv) (identification of a management program) by referring to the other MS4's storm water management program.

(c) If you operate a regulated, small MS4:

(1) Designated under section122.32(a)(1)(a)(1), you must apply for coverage under an NPDES permit, or apply for a modification of an existing NPDES permit under paragraph (b)(3) of this section by March 10, 2003, unless your MS4 serves a jurisdiction with a population under 10,000 and the Department has established a phasing schedule under 40CFR123.35(d)(3).

(2) Designated under section122.32(a)(2)(a)(2), you must apply for coverage under an NPDES permit, or apply for a modification of an existing NPDES permit under paragraph (b)(3) of this section, within 180 days of receiving the notice of designation, unless the Department grants a later date.

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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