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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