South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-9 - Water Pollution Control Permits
Subchapter 61-9.125 - CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Part H - CRITERIA FOR DETERMINING ALTERNATIVE EFFLUENT LIMITATIONS UNDER Section 316(A) OF THE CWA
Section 61-9.125.H.70 - Purpose and scope

(a) Section316(a)(a) of the CWA provides that: "With respect to any point source otherwise subject to the provisions of section301 or section306 of this ACT, whenever the owner or operator of any such source, after opportunity for public hearing, can demonstrate to the satisfaction of ... the State that any effluent limitation proposed for the control of the thermal component of any discharge from such source will require effluent limitations more stringent than necessary to assure the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife in and on the body of water into which the discharge is to be made, the ...State may impose an effluent limitation under such sections on such plant, with respect to the thermal component of such discharge (taking into account the interaction of such thermal component with other pollutants), that will assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on that body of water."

(b) This part describes the factors, criteria and standards for establishment of alternative thermal effluent limitations under section316(a)(a) of the CWA in permits issued under section402(a)(a) of the CWA.