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 D - TRANSFER, MODIFICATION, REVOCATION, AND REISSUANCE AND TERMINATION OF PERMITS
Section 61-9.122.D.61 - Transfer of permits

Universal Citation: SC Code Regs 61-9.122.D.61

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

(a) Transfers by modification. Except as provided in paragraph (b) of this section, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under section122.62(e)(2)(e)(2)), or a minor modification made (under section122.63(d)(d)), to identify the new permittee and incorporate such other requirements as may be necessary under CWA.

(b) Other transfers. As an alternative to transfers under paragraph (a) of this section, any NPDES permit may be transferred to a new permittee if:

(1) The current permittee notifies the Department at least 30 days in advance of the proposed transfer date in paragraph (b)(2) of this section;

(2) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

(3) Permits are non-transferable except with prior consent of the Department. A modification under this subparagraph may also be a minor modification under section122.63.

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