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.46 - Duration of permits

(a) An NPDES permit issued pursuant to State law and this regulation shall be effective for a fixed term not to exceed 5 years. A person who wishes to continue to operate under such permit shall apply for re-issuance of a permit pursuant to this regulation.

(b) Except as provided in section122.6, the term of a permit shall not be extended by modification beyond the maximum duration specified in this section.

(c) The Department may issue any permit for a duration that is less than the full allowable term under this section.

(d) A permit may be issued to expire on or after the statutory deadline set forth in section301(b)(2)(A), (C), and (E)(b)(2)(A), (C), and (E), if the permit includes effluent limitations to meet the requirements of section301(b)(2) (A), (C), (D), (E) and (F)(b)(2) (A), (C), (D), (E) and (F), whether or not applicable effluent limitations guidelines have been promulgated or approved.

(e) A determination that a particular discharger falls within a given industrial category for purposes of setting a permit expiration date under paragraph (d) of this section is not conclusive as to the discharger's inclusion in that industrial category for any other purposes, and does not prejudice any rights to challenge or change that inclusion at the time that a permit based on that determination is formulated.