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 C - PERMIT CONDITIONS
Section 61-9.122.C.43 - Establishing permit conditions

Universal Citation: SC Code Regs 61-9.122.C.43

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

(a) In addition to conditions required in all permits (sections 122.41 and 122.42), the Department shall establish conditions, as required on a case-by-case basis, to provide for and ensure compliance with all applicable requirements of CWA and PCA and regulations. These shall include conditions under section 122.46 (duration of permits), section 122.47(a) (schedules of compliance), and section 122.48 (monitoring), and electronic reporting requirements of 40 CFR Part 3 (Cross-Media Electronic Reporting Regulation) and 40 CFR Part 127 (NPDES Electronic Reporting).

(b)

(1) An "applicable requirement" is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in section 122.62.

(2) New or reissued permits, and to the extent allowed under section 122.62 modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in section122.44 and section 122.45.

(c) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

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