South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-9 - Water Pollution Control Permits
Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS
Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS
Section 61-9.129.A.7 - Requirement and procedure for establishing a more stringent effluent limitation

Universal Citation: SC Code Regs 61-9.129.A.7

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

(a) In exceptional cases

(1) where the Department determines that the ambient water criterion established in these standards is not being met or will not be met in the receiving water as a result of one or more discharges at levels allowed by these standards, and

(2) where the Department further determines that this is resulting in or may cause or contribute to significant adverse effects on aquatic or other organisms usually or potentially present, or on human health, he may issue to an owner or operator a permit or a permit modification containing a toxic pollutant effluent limitation at a more stringent level than that required by the standard set forth in these regulations. Any such action shall be taken pursuant to the procedural provisions of R.61-9.124 and R.61-9.125, as appropriate.

(3) [Reserved]

(b) Any effluent limitation in an NPDES permit which the Department proposes to issue which is more stringent than the toxic pollutant effluent standards promulgated by the Administrator is subject to review by the Administrator under section402(d)(d) of the CWA. The Administrator may approve or disapprove such limitation(s) or specify another limitation(s) upon review of any record of any proceedings held in connection with the permit issuance or modification and any other evidence available to him. If he takes no action within ninety days of his receipt of the notification of the action of the permit issuing authority and any record thereof, the action of the Department's permit issuing authority shall be deemed to be approved.

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