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 D - SPECIFIC PROCEDURES APPLICABLE TO NPDES PERMITS
Section 61-9.124.D.52 - Permits required on a case-by-case basis
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Various sections of R.61-9.122 Part B allow the Department to determine, on a case-by-case basis, that certain concentrated animal feeding operations (R.61-9.122.23), concentrated aquatic animal production facilities (R.61-9.122.24) storm water discharges (R.61-9.122.26) and certain other facilities covered by general permits (R.61-9.122.28) that do not generally require an individual permit may be required to obtain an individual permit because of their contributions to water pollution.
(b) Whenever the Department decides that an individual permit is required under this section, except as provided in paragraph (c) of this section, the Department shall notify the discharger in writing of that decision and the reasons for it, and shall send an application form with the notice. The discharger must apply for a permit under R.61-9.122.21 within 60 days of notice, unless permission for a later date is granted by the Department. The question whether the designation was proper will remain open for consideration during the public comment period under section124.11 and in any subsequent hearing.
(c) Prior to a case-by-case determination that an individual permit is required for a storm water discharge under this section (see R.61-9.122.26(a)(1)(v), (a)(9)(iii), and (c)(1)(v)(a)(1)(v), (a)(9)(iii), and (c)(1)(v)), the Department may require the discharger to submit a permit application or other information regarding the discharge under section308 of the CWA. In requiring such information, the Department shall notify the discharger in writing and shall send an application form with the notice. The discharger must apply for a permit within 180 days of notice, unless permission for a later date is granted by the Department. The question whether the initial designation was proper will remain open for consideration during the public comment period under section124.11 and in any subsequent hearing.
