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.6 - Draft permits

Universal Citation: SC Code Regs 61-9.124.A.6

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

(a) Once an application is complete, the Department shall tentatively decide whether to prepare a draft permit or to deny the application.

(b) If the Department tentatively decides to deny the permit application, it shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any other draft permit prepared under this section. See section124.6(e)(e). If the Department's final decision (section124.15) is that the tentative decision to deny the permit application was incorrect, it shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this section.

(c) If the Department tentatively decides to issue an NPDES, Land Application, State, or general permit, it shall prepare a draft NPDES, Land Application, State, general or 404 general permit under paragraph (d) of this section.

(d) If the Department decides to prepare a draft permit, it shall prepare a draft permit that contains the following information:

(1) For permits under R.61-9.122, all conditions under R.61-9.122.41 and R.61-9.122.43;

(2) For permits under R.61-9.122, all compliance schedules under R.61-9.122.47;

(3) For permits under R.61-9.122, all monitoring requirements under R.61-9.122.48;

(4)
(i) For permits under R.61-9.505, all applicable conditions under R.61-9.505.41; and R.61-9.505.43;

(ii) For permits under R.61-9.505, all compliance schedules under R.61-9.505.47; and

(iii) For permits under R.61-9.505, all applicable monitoring requirements under R.61-9.505.48;

(iv) For Land Application, State or sludge disposal permits, effluent limitations, standards, prohibitions, standards for sewage sludge use or disposal, and conditions under R.61-9.503; R.61-9.504; or 61.9.505 including R.61-9.505.41, R.61-9.505.42, R.61-9.505.44, and any applicable conditions as determined by the Department;

(v) For NPDES permits, effluent limitations, standards, prohibitions, standards for sewage sludge use or disposal, and conditions under R.61-9.122.41, R.61-9.122.42, and R.61-9.122.44, including when applicable any conditions certified by a State agency under section124.55 and all variances that are to be included under section124.63.

(e) Draft NPDES, Land Application, State or general permits prepared by the State shall be accompanied by a fact sheet if required under section124.8.

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