South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-9 - Water Pollution Control Permits
Subchapter 61-9.403 - GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION
Section 61-9.403.18 - Modification of POTW Pretreatment Programs

Universal Citation: SC Code Regs 61-9.403.18

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

(a) General. Either the Department or a POTW with an approved POTW Pretreatment Program may initiate program modification at any time to reflect changing conditions at the POTW. Program modification is necessary whenever there is a significant change in the operation of a POTW Pretreatment Program that differs from the information in the POTW's Submission, as approved under section403.11.

(b) Substantial modifications defined. Substantial modifications include:

(1) Modifications that relax POTW legal authorities [as described in section403.8(f)(1)(f)(1)], except for modifications that directly reflect a revision to this Part 403 or to 40 CFR chapter I, subchapter N, and are reported pursuant to paragraph (d) of this section;

(2) Modifications that relax local limits, except for the modifications to local limits for pH and reallocations of the Maximum Allowable Industrial Loading of a pollutant that do not increase the total industrial loadings for the pollutant, which are reported pursuant to paragraph (d) of this section. Maximum Allowable Industrial Loading means the total mass of a pollutant that all Industrial Users of a POTW (or a subgroup of Industrial Users identified by the POTW) may discharge pursuant to limits developed under section403.5(c)(c);

(3) Changes to the POTW's control mechanism, as described in section403.8(f)(1)(iii)(f)(1)(iii);

(4) A decrease in the frequency of self-monitoring or reporting required of industrial users;

(5) A decrease in the frequency of industrial user inspections or sampling by the POTW;

(6) Changes to the POTW's confidentiality procedures; and

(7) Other modifications designated as substantial modifications by the Department on the basis that the modification could have a significant impact on the operation of the POTW's Pretreatment Program; could result in an increase in pollutant loadings at the POTW; or could result in less-stringent requirements being imposed on Industrial Users of the POTW.

(1) The POTW shall submit to the Department a statement of the basis for the desired program modification, a modified program description [see section403.9(b)(b)], or such other documents the Department determines to be necessary under the circumstances.

(2) The Department shall approve or disapprove the modification based on the requirements of section403.8(f)(f) and using the procedures in sections403.11(b) through (f)(b) through (f), except as provided in paragraphs (c)(3) and (4) of this section. The modification shall become effective upon approval by the Department.

(3) The Department need not publish a notice of decision under section403.11(e)(e) provided the notice of request for approval under section403.11(b)(1)(b)(1) states that the request will be approved if no comments are received by a date specified in the notice; no substantive comments are received; and the request is approved without change.

(4) Notices required by section403.11 may be performed by the POTW provided that the Department finds that the POTW notice otherwise satisfies the requirements of section403.11.

(d) Approval procedures for non-substantial modifications.

(1) The POTW shall notify the Department of any non-substantial modification at least 45 days prior to implementation by the POTW, in a statement similar to that provided for in paragraph (c)(1) of this section.

(2) Within 45 days after the submission of the POTW's statement, the Department shall notify the POTW of its decision to approve or disapprove the non-substantial modification.

(3) If the Department does not notify the POTW within 45 days of its decision to approve or deny the modification, or to treat the modification as substantial under paragraph (b)(7) of this section, the POTW may implement the modification.

(e) Incorporation in permit. All modifications shall be incorporated into the POTW's NPDES permit upon approval. The permit will be modified to incorporate the approved modification in accordance with sectionR.61-9.122.63(g)(g).

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