South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-9 - Water Pollution Control Permits
Subchapter 61-9.124 - PROCEDURES FOR DECISION MAKING
Part A - GENERAL PROGRAM REQUIREMENTS
Section 61-9.124.A.12 - Public hearings
Universal Citation: SC Code Regs 61-9.124.A.12
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Determinations and Scheduling.
(1) Within the
thirty (30) day comment period or other applicable comment period provided
after posting or publishing of a public notice, an applicant, any affected
state or interstate agency, the Regional Administrator or any other interested
person or agency may file a petition with the Department for a public hearing
on an application for a permit. A petition for a public hearing shall indicate
the specific reasons why a hearing is requested, the existing or proposed
discharge identified therein and specifically indicate which portions of the
application or other permit form or information constitutes necessity for a
public hearing. If the Department determines that a petition constitutes
significant cause or that there is sufficient public interest in an application
for a public hearing, it may direct the scheduling of a hearing
thereon.
(2) A hearing shall be
scheduled not less than four (4) nor more than eight (8) weeks after the
Department determines the necessity of the hearing in the geographical location
of the applicant or, at the discretion of the Department, at another
appropriate location, and shall be noticed at least thirty (30) days before the
hearing. The notice of public hearing shall be transmitted to the applicant and
shall be published in at least one (1) newspaper of general circulation in the
geographical area of the existing or proposed discharge identified on the
permit application and shall be mailed to any person or group upon request
therefor. Notice shall be mailed to all persons and governmental agencies which
received a copy of the notice or the fact sheet for the permit
application.
(3) The Department may
hold a single public hearing on related groups of permit
applications.
(4) The Department
may also hold a public hearing at its discretion, whenever, for instance, such
a hearing might clarify one or more issues involved in the permit
decision;
(5) Public notice of the
hearing shall be given as specified in section124.10.
(b) [Reserved]
(c) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under section124.10 shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.
(d) A tape recording or written transcript of the hearing shall be made available to the public.
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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