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 B - LAND APPLICATION PERMIT AND STATE PERMIT APPLICATION AND SPECIAL PROGRAM REQUIREMENTS
Section 61-9.505.B.21 - Application for a Land Application Permit and State Permit
Universal Citation: SC Code Regs 61-9.505.B.21
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Duty to apply.
(1) Any person who discharges or proposes to
discharge pollutants directly or indirectly to groundwaters of the State or to
any land of the State, or who owns or operates a "sludge only facility" and who
does not have an effective permit, except persons covered by general permits
under R.61-9.122.28 excluded under section505.3, or a user of a privately owned
treatment works, unless the Department requires otherwise under
section505.44(m)(m), shall submit a complete application to the Department in
accordance with this section and R.61-9.124.
(2) A person discharging or proposing to
discharge wastes directly or indirectly to the groundwaters of the State or any
land of the State shall promptly make application for and obtain a valid Land
Application permit or State Permit and, if required, a valid State Construction
Permit;
(3) A person operating or
proposing to operate a treatment works from which a discharge does not occur,
shall promptly make application for and obtain a valid State Permit (or
approval by the Department). The Department may also require the submittal of
any additional information or data identified under R.61-9.
(b) [Reserved]
(c) Time to apply.
(1) Any person proposing a new discharge
shall submit an application at least 180 days before the date on which the
discharge is desired to commence, unless permission for a later date has been
granted by the Department. Different submittal dates may be required under the
terms of applicable general permits. Persons proposing a new discharge are
encouraged to submit their applications well in advance of the requirements to
avoid delay.
(2) Permits required
under section405(f)(f) of the CWA.
(i) POTW's
with currently effective Land Application permits shall submit the application
information required by paragraph (d)(2)(ii) of this section with the next
application submitted in accordance with paragraph (d) of this section or
within 120 days after promulgation of a "standard for sewage sludge use or
disposal" applicable to the POTW's sludge use or disposal practice(s),
whichever occurs first.
(ii) Any
other existing "treatment works treating domestic sewage" not covered under
paragraph (c)(2)(i) of this section shall submit an application to the
Department within 120 days after promulgation of a "standard for sewage sludge
use or disposal" applicable to its sludge use or disposal practice(s) or upon
request of the Department prior to promulgation of an applicable "standard for
sewage sludge use or disposal", if the Department determines that a permit is
necessary to protect public health and the environment from any potential
adverse effects that may occur from toxic pollutants in sewage
sludge.
(iii) Any "treatment works
treating domestic sewage" that commences operations after promulgation of an
applicable "standard for sewage sludge use or disposal" shall submit an
application to the Department at least 180 days prior to the date proposed for
commencing operations.
(3) A person proposing to operate a treatment
works from which no discharge occurs shall apply at least 180 days prior to the
anticipated commencement of the activity or in accordance with a schedule
determined by the Department in individual cases, for a State construction
permit on an appropriate form supplied by the Department.
(d) Duty to reapply.
(1) Any permittee with an effective permit
shall submit a new application at least 180 days before the expiration date of
the existing permit, unless permission for a later date has been granted by the
Department. The Department shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.
(2)
(i) All
applicants for permits shall complete application forms to apply under
section505.
(ii) In addition to any
other applicable requirements in this regulation, all POTW and other "treatment
works treating domestic sewage", including "sludge-only facilities", shall
submit with their applications the information listed at section122.21(q)(q)
within the time frames established in paragraph (c)(2) of this
section.
(e) Completeness.
(1) The Department shall not
issue a permit before receiving a complete application for a permit except for
general permits. An application for a permit is complete when the Department
receives an application form and any supplemental information which are
completed to its satisfaction.
(2)
The Department, at its discretion, may request of an applicant any additional
information deemed necessary to complete or correct deficiencies in a Land
Application permit or State permit application, before processing the
application or issuing or denying the issuance of a permit.
(3) The Department may take enforcement
action as prescribed by the State law or this regulation against any person who
fails to file a complete application, if deficiencies are not corrected or
complete information is not supplied within sixty (60) days to the Department
following its request.
(4) The
Department may consider an application incomplete if the applicant has not
complied with the Environmental Protection Fees RegulationR.61-30.
(f) Information requirements.
(1) [Reserved]
(2) All applicants for Land Application
permits and State permits (including permits being reissued or expanded) shall
provide the following information to the Department, using the application form
provided by the Department (additional information required of applicants is
set forth in paragraph (g)):
(i) The
activities conducted by the applicant which require it to obtain a Land
Application permit or State permit.
(ii) Name, mailing address, and location of
the facility for which the application is submitted.
(iii) Up to four Standard Industrial Codes
(SIC) which best reflect the principal products or services provided by the
facility.
(iv) The operator's name,
address, telephone number, ownership status, and status as Federal, State,
private, public, or other entity.
(v) [Reserved]
(vi) A listing of all wastewater permits or
construction approvals received or applied for related to this facility and/or
application.
(vii) A topographic
map (or other map if a topographic map is unavailable) extending one mile
beyond the property boundaries of the source, depicting the facility and any
intake and discharge structures; any hazardous waste treatment, storage, or
disposal facilities; any well where fluids from the facility are injected
underground; and those wells, springs, other surface water bodies, and drinking
water wells listed in public records or otherwise known to the applicant in the
map area.
(viii) A brief
description of the nature of the business, activity, or project type.
(3) For new facilities, expanding
or permit modifications a previously approved or proposed engineering report
for the project in accordance with R.61-67.
(4) Project name: Provide the official
(legal) name of the WWTP or sludge disposal site.
(5) County: Give county (or counties) where
the proposed or existing wastewater treatment facility and/or site is
located.
(6) Owner's name, address
and telephone number: Provide the name, mailing address and the area code and
telephone number of the owner. If the mailing address of the WWTP or site is
different from the owner's mailing address, supply this information on an
attached sheet of paper.
(7)
Project status: Identify if the project is for a new or existing WWTP, or new
or existing site. Provide the Land Application or State permit number and
identify whether it is for a proposed expansion of either an existing WWTP or a
renewal of an issued (if applicable) land disposal permit.
(8) Project description: Specify the type of
project and give a brief description of the WWTP or site operation.
(9) Location of the WWTP and land disposal
sites: Provide a map or maps showing the location of the WWTP and land disposal
site(s). The map(s) shall be an 8 1/2 "' x 11"' photocopy of the applicable
portion of a U.S. Geological Survey 7 1/2 minute quad sheet (or a 15 minute
quad if a 7 1/2 minute quad is not available). The quad sheet name shall be
provided on the copy submitted to the Department. Give the latitude and
longitude of the center of the WWTP site and a brief location description of
the WWTP site. If the application is for a sludge or septage land application
site owned by an entity that does not or will not have a WWTP, indicate "not
applicable". For each disposal site, give the size in acres, the latitude and
longitude of the center of the site, and a brief location description of the
site.
(10) Description of waste to
be land applied: Provide a description of the wastewater or sludge to be land
applied. State whether the waste is domestic and/or industrial wastewater. If
the wastewater is not strictly domestic, give a detailed characterization of
the wastewater. If the detailed characterization is contained in a Preliminary
Engineering Report (PER) accompanying this application, then state that the
information is in the PER.
(11)
Volume and quantity of waste to be land applied: Provide the volume in gallons
per day and the quantity in pounds per day of the waste to be land applied to
each disposal site.
(12) Frequency
of application: Provide the proposed frequency application in times per day,
week or other period for each disposal site.
(13) Site application rate(s): Provide the
proposed application rate in inches per week, pounds per acre per day (use
annual rates for crop uptake) for sludge disposal, or other units as
appropriate for each disposal site, whichever is the limiting factor.
(14) Groundwater Quality Monitoring: Identify
whether the monitoring is proposed (if required) or existing. Also, provide the
number of monitoring wells proposed or existing at each land disposal
site.
(15) Residual solids:
Identify the proposed or existing sludge disposal method (for wastewater
treatment facilities).
(16)
Hazardous substances: Identify whether or not the discharge contains a
substance that could be considered hazardous as defined under
section101(14)(14) of CERCLA. Provide the substance name, concentration and
source.
(17) For wastewater
treatment facilities: Proof of ownership (fee simple title) of any land
application site(s) for treated effluent disposal. A contract, lease or other
legally binding agreement may be substituted provided that:
(i) The contract, lease or agreement shall be
for a period of at least 30 years with an automatic right of renewal for an
additional 30 years. Cancellation wording may be included if all parties agree
and obtain prior Departmental approval of any cancellation of the agreement.
For activities involving limited applications (such as one time sludge or
septage land application), the contract, lease or agreement time shall be
determined on a project specific basis.
(ii) The contract, lease or agreement shall
clearly identify that the use of the land application site is for effluent
application and may take precedence over other uses unless there is a permitted
secondary year round disposal option (e.g. an NPDES permit).
(iii) The specific quantity of effluent to be
applied on a daily or weekly basis shall be provided.
(iv) The contract, lease or agreement shall
be binding on all heirs, assignees, and successors.
(v) The applicant shall provide an alternate
disposal option for any land application site that does not accept effluent
year round. The applicant shall provide for year round disposal for the
proposed flow on the land application site unless there is a permitted
secondary year round disposal option (e.g. an NPDES permit).
(g) Requirements for manufacturing, commercial and mining activities. Manufacturing, commercial and mining dischargers applying for Land Application permits or State permits shall provide the following information to the Department, using application forms provided by the Department.
(1) Discharge
location. The latitude and longitude to the nearest 15 seconds for each
discharge location.
(2) NPDES
permit application Form 2(C). See R.61-9.122.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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