S.C. Code Regs. § 61-119.F.2

Current through Register Vol. 48, No. 4, Aril 26, 2024

Section 61-119.F.2 - Public Notice of New Surface Water Withdrawals After January 1, 2011 Considered Interbasin Transfers

Upon receipt of a complete application and filing fee for a new surface water withdrawal permit that will be considered an interbasin transfer under this regulation, the Department must, within thirty (30) days, provide notice of the proposed withdrawal and transfer, including notice of the mandatory public hearing for interbasin transfer projects.

a. Notice of the proposed new interbasin transfer permit will be made in the following manner:

i. in accordance with the Department's usual public notice procedures;

ii. by submittal for publication in the South Carolina State Register;

iii. by publication in a newspaper of statewide circulation and in a local newspaper of general circulation in the affected area of the river basin downstream from the point of withdrawal;

iv. by publication on the Department's website; and

v. through standard United States mail to:

(A) any person holding a permit issued by the Department authorizing surface water withdrawals, including interbasin transfers, from the river basin from which the water for the proposed transfer would be withdrawn;

(B) any person holding a National Pollutant Discharge Elimination System (NPDES) wastewater discharge permit authorizing wastewater discharge into the river basin where the proposed withdrawal point of the proposed interbasin transfer is located;

(C) any city or county governing body whose jurisdiction is located entirely or partially within the river basin that is the source of the proposed transfer;

(D) the governing body of a public water supply system that withdraws water from the same river basin where the proposed withdrawal point of the proposed transfer is located;

(E) any agency from another state where an interstate water basin is the source of the proposed transfer;

(F) the South Carolina Department of Natural Resources; and

(G) the owner of any licensed or otherwise flow controlled impoundment that would be impacted by the withdrawal.

b. The notice must include:

i. the location of the proposed withdrawal;

ii. the name of the losing basin and the gaining basin;

iii. the amount of the proposed withdrawal and the amount to be transferred from the losing basin;

iv. a non-technical description of the applicant's request;

v. the use for which the water will be withdrawn;

vi. a conspicuous statement in bold type describing the effects of the interbasin transfer on the river basin from which the water will be withdrawn and the river basin into which the withdrawn water will be transferred;

vii. a description of the procedure that a person must follow to submit a comment concerning the proposed interbasin transfer; and

viii. the location, date, and time of the mandatory hearing for the project which is to be held at an appropriate time and appropriate location near the withdrawal point of the interbasin transfer. The hearing may not be held until at least thirty (30) days after publication of the notice in the State Register.

c. The public comment period on an interbasin transfer application will automatically extend to fifteen (15) days past the date of the hearing. Further extensions may be granted at the discretion of the Department.

d. For the purposes of this regulation, an interbasin transfer is considered the transfer of three million (3,000,000) gallons or more of water in any one month from one of the following USGS defined basins to a different basin such that the water is permanently lost from the basin of origin. The transfer of water from one basin to another is not considered an interbasin transfer if transferred water is returned or discharged to the basin of origin such that the quantity of water permanently lost to the basin of origin is less than three million (3,000,000) gallons in any one month.

i. Savannah River Basin, Hydrologic Unit Codes: 03060101, 03060102, 03060103, 03060106, 03060107, 03060109, 03060110;

ii. Saluda River Basin, Hydrologic Unit Codes: 03050109, 03050110;

iii. Santee River Basin, Hydrologic Unit Codes: 03050111, 03050112, 03050201, 03050202, 03050209;

iv. Edisto River Basin, Hydrologic Unit Codes: 03050203, 03050204, 03050205, 03050206;

v. Salkehatchie River Basin, Hydrologic Unit Codes: 03050207, 03050208, 03050210;

vi. Pee Dee River Basin, Hydrologic Unit Codes, 03040104, 03040105, 03040201, 03040202, 03040203, 03040204, 03040205, 03040206, 03040207, 03040208;

vii. Catawba River Basin, Hydrologic Unit Codes: 03050101, 03050103, 03050104; or

viii. Broad River Basin, Hydrologic Unit Codes: 03050105, 03050106, 03050107, 03050108.

S.C. Code Regs. 61-119.F.2