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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