South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-9 - Water Pollution Control Permits
Subchapter 61-9.505 - LAND APPLICATION PERMITS AND STATE PERMITS
Part A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS
Section 61-9.505.A.1 - Purpose and scope

(1) These regulations contain provisions for the Land Application permit and State permit Program under the South Carolina Pollution Control Act (PCA), S.C. Code Ann. section 48-1-10 et seq.

(2) These regulations contain provisions for other permits issued for subsurface distribution systems (such as tile fields or drip irrigation systems).

(1) The Land Application permit and State permit program requires permits for the discharge of pollutants from any source directly or indirectly into groundwaters of the State and to the land of the State. The terms "Land Application permit", " State permit", "pollutant", "source", "groundwaters of the State", and the "land of the State" are defined in section505.2.

(2) The following are additional sources that may require Land Application permits or State permits for discharges:

(3) The permit program established under this regulation also applies to owners or operators of any treatment works treating domestic sewage, whether or not the treatment works is otherwise required to obtain a Land Application permit or State permit in accordance with this section, unless all requirements implementing section405(d)(d) of the CWA applicable to the treatment works treating domestic sewage are included in a permit issued under the appropriate provisions of subtitle C of the Solid Waste Disposal Act; Part C of the Safe Drinking Water Act; the Marine Protection, Research, and Sanctuaries Act of 1972; the Clean Air Act; or under an NPDES permit (R.61-9.122) approved by the Department as adequate to assure compliance with section405 of the Clean Water Act (CWA).

(4) The Department may designate any person subject to the standards for sewage sludge use and disposal as a "treatment works treating domestic sewage" as defined in R.61-9.122.2, where it finds that an NPDES permit is necessary to protect public health and the environment from the adverse effects of sewage sludge or to ensure compliance with the technical standards for sludge use and disposal developed under the CWA section405(d)(d). Any person owning or operating a facility designated as "treatment works treating domestic sewage" shall submit an application for a permit under R.61-9.122.21 within 120 days of being notified by the Department that a permit is required.

(5) See South Carolina R.61-67, Standards for Wastewater Facility Construction, section300.G, Pump and Haul Operations, related to requirements for transporting wastewater for disposal.

(1) [Reserved]

(2) All provisions of this Regulation for facilities that are in operation shall be achieved in accordance with a schedule of compliance or other conditions that may be in a reissued permit. For modifications of existing facilities that require construction, the Department may modify or revoke and reissue existing Land Application and State permits to include specific provisions of this Regulation.

(3) All Land Application permits, State permits or other permits for new facilities or expansions of existing facilities issued on or after the effective date of this regulation shall be required to comply with this regulation. Land Application or State permits issued on or after the effective date of this regulation for new land application sites, land application sites approved for an increase (either quantity or loading) in pollutant disposal, or expansions of existing land application sites shall be required to comply with the regulation.

(1) Permit application forms. Applicants for permits shall submit their applications on permit application forms designated by the Department. The basic information required in the general form (Form 1) and all or part of the additional information required by NPDES applications (Forms 2 A through E) listed in R.61-9.122.21 may be required by the Department for Land Application permits and State permits. In addition, the Department may identify specific information necessary for the Land Application permit and State permit activities.

(2) Technical Regulations. The Permit program has separate additional regulations. These separate regulations are used by the Department to determine what requirements must be placed in permits if they are issued. These separate regulations are located in R.61-9.122, 125, 129, 133, 403, 503 and 504. Additional items under 40 CFR Part 136; Subchapter N ( 40 CFR Parts 400 through 402 and 404 through 471) may be placed in permits if they are issued.

(1) Section 48-1-90(a), S.C. Code of Laws (1976), provides that "it shall be unlawful for any person, directly or indirectly, to throw, drain, run, allow to seep, or otherwise discharge into the environment of the State organic or inorganic matter, including sewage, industrial wastes and other wastes, except as in compliance with a permit issued by the Department."

(2) Section 48-1-100(a), S.C. Code of Laws (1976), provides that "if, after appropriate public comment procedures, as defined by Department regulations, the Department finds that the discharge from the proposed outlet ... will not be in contravention of provisions of Chapter 1, Title 48, S.C. Code of Laws, a permit to construct and a permit to discharge must be issued to the applicant."

(3) [Reserved]

(4) Section405 of the CWA provides, in part, that "Where the disposal of sewage sludge resulting from the operation of a treatment works as defined in section212 of this Act (including the removal of in-place sewage sludge from one location and its deposit at another location) would result in any pollutant from such sewage sludge entering the [waters of the State], such disposal is prohibited except in accordance with a[n NPDES] permit issued by the [Department] under section402 of this Act."

(5) Section405(d)(4)(d)(4) of the CWA requires the Department, prior to promulgation of standards for sewage sludge use and disposal, to "impose conditions in [NPDES] permits issued to publicly owned treatment works under section402 of this Act, or take such other measures as the [Department] deems appropriate to protect public health and the environment from any adverse effects which may occur from toxic pollutants in sewage sludge."

(6) Section405(f)(f) of the CWA provides that permits must include requirements implementing the standards for sludge use and disposal ( 40 CFR Part 503) "unless such requirements have been included in a permit issued under the appropriate provisions of subtitle C of the Solid Waste Disposal Act; part C of the Safe Drinking Water Act, the Marine Protection, Research, and Sanctuaries Act of 1972; the Clean Air Act; or under State [of South Carolina] permit programs approved by the Administrator..." Section 405(f) also authorizes the Department to issue permits with requirements for sludge use or disposal that assure compliance with 40 CFR Part 503 to any treatment works treating domestic sewage that is not subject to NPDES (i.e., has no point source discharge) and has not been issued a permit that includes applicable 40 CFR Part 503 standards under the other permit programs listed in section405(f)(f)(1) of the CWA.

(7) Sections405(c) and (f)(c) and (f) of the CWA authorize EPA approval of State [of South Carolina] permit programs for use and disposal of sewage sludge.

(8) Section 48-1-50(22), S.C. Code of Laws (1976), requires the owner or operator of any source or disposal system to establish and maintain such operational records; make reports; install, use, and maintain monitoring equipment or methods; sample and analyze emissions or discharges in accordance with prescribed methods, at locations, intervals, and procedures as the Department shall prescribe; and provide such other information as the Department reasonably may require.

(9) Section 48-1-40, S.C. Code of Laws (1976), authorizes the Department "after public hearing as herein provided, [to] adopt standards and determine what qualities of water ... shall indicate a polluted condition and these standards shall be promulgated and made a part of the rules and regulations of the Department." Section 48-1-50(23) authorizes the Department to "[a]dopt ... effluent control regulations, standards and limitations that are applicable to the entire State, that are applicable only within specified areas or zones of the State, or that are applicable only when a specified class of pollutant is present." Section 501(a) of CWA provides that "The [Department] is authorized to prescribe such regulations as are necessary to carry out [its] functions under this Act."

(10) Section 48-1-100(a), S.C. Code of Laws (1976), requires an opportunity for public comment before issuance of permits to discharge.