S.C. Code Regs. § § 61-113.F

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-113.F - Department Actions on Permit Applications, Modifications, Revocation and Denials

1. In considering all permit applications, modifications, and revocations, the Department shall consider, but not be limited to, the following:

a. The number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses;

b. The nature and size of the aquifer;

c. The physical and chemical nature of any impairment of the aquifer adversely affecting its availability or viability for other water uses, including public use;

d. The severity and duration of such impairment under foreseeable conditions;

e. The injury to public health, safety, or welfare which may result if such impairment were not prevented or abated;

f. The kinds of businesses or activities to which the various uses are related;

g. The relative importance and necessity of uses claimed by permit holders and permit applicants, or of the water use of the area, and the extent of injury or detriment caused or reasonably expected to be caused to other water uses, including public use;

h. Diversion from or reduction of flows in surface water or other aquifers;

i. Information provided by the applicant in accordance with Section E;

j. An approved local or regional Groundwater Management Strategy; and

k. Any other relevant factors, such as, but not limited to, public comments and best available geologic and hydrologic information on the aquifer or aquifers of the area.

2. In each case where an applicant for a Groundwater Withdrawal Permit demonstrates to the Department's satisfaction that the groundwater withdrawal is reasonable and necessary to meet the applicant's requirements and where there are no unreasonable adverse effects on other water users, including public use, and including potential as well as current use, a Groundwater Withdrawal Permit may be issued by the Department and contain, but not be limited to, the following conditions:

a. Amount of groundwater to be withdrawn or used;

b. Well(s) to be utilized;

c. Aquifer(s) to be utilized;

d. Well spacing to minimize well interference; and

e. Monitoring well(s) to be installed for monitoring groundwater levels and water quality.

3. Groundwater withdrawn under any permit shall be used only for the purposes set forth in the permit.

4. The Department may grant a temporary Groundwater Withdrawal Permit for up to one hundred eighty days or until a final decision is made on the application if an imminent hazard to public health exists or if an applicant demonstrates that physical or financial damage has occurred, or will occur, if a temporary permit is not granted. The issuance of a temporary permit does not guarantee the issuance of a final Groundwater Withdrawal Permit.

5. The Department may:

a. Revoke a construction permit or a Groundwater Withdrawal Permit if it determines information in the permit application is false or misleading, the permittee fails to comply with the conditions set forth in the permit, or when there is found to be an unreasonable adverse effect upon the water uses or water users in the area, including public use, and including potential as well as current use, based upon considerations set forth in Section F;

b. Deny a permit if the application therefore or the effect of the water use proposed or described therein upon the water resources of the area is found to be contrary to the public interest or general welfare, based upon considerations in Section F; and

c. Revoke a temporary Groundwater Withdrawal Permit if the permittee fails to comply with the conditions of the temporary permit or provide timely response to requests for actions for information made pursuant to the application review.

6. The Department's denial or revocation of any permit shall be final unless a request for a contested case hearing is filed in accordance with the Administrative Procedures Act and the Rules of the Administrative Law Court.

7. A Groundwater Withdrawal Permit shall not be transferred to any other person or user except by modification of the permit in accordance with Section G.

8. Public notices shall be required for an:

a. Initial application for a Groundwater Withdrawal Permit in an existing capacity use area;

b. Application to modify an existing Groundwater Withdrawal Permit where an increase in the permitted withdrawal limit is requested;

c. Application to modify an existing Groundwater Withdrawal Permit where construction of a new well or wells, with concurrent increase in the permitted withdrawal limit, is requested; and

d. Application to renew an existing Groundwater Withdrawal Permit, where no increase in the permitted withdrawal limit is requested, only if the Department determines there is sufficient public interest on the proposed groundwater withdrawal.

9. Wording for public notices will be provided to the applicant by the Department and shall contain, but not be limited to, the following:

a. Applicant's name and mailing address;

b. Location of the well or wells;

c. Aquifers to be utilized;

d. Proposed withdrawal limit(s); and

e. Notice of thirty day comment period.

10. The applicant will publish the public notice, for one day, in a newspaper of general circulation in the area of the proposed withdrawal.

11. The applicant will provide an affidavit of publication from the newspaper to the Department within fifteen days of initial publication and a copy of the published notice.

12. The Department will notify currently permitted groundwater withdrawers of newly proposed groundwater withdrawal within a one-mile radius of the proposed well location. This notification will be provided at least thirty days prior to issuance of the final permit.

S.C. Code Regs. § 61-113.F