S.C. Code Regs. § § 61-119.I.1

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

Section 61-119.I.1 - Permits Issued to Existing Surface Water Withdrawers

a. An existing surface water withdrawer as defined by this regulation may renew its surface water withdrawal permit by making application no more than six (6) months prior to the expiration date, on a form to be supplied by the Department, pursuant to the criteria of section D of this regulation. Renewals of permits held by existing surface water withdrawers are not subject to the permitting criteria in section E. of this regulation, minimum flow requirements, or additional supplemental water contingency planning requirements, and are not subject to the requirements of subsection I.2 of this regulation. A permit shall remain valid during the Department's consideration of a renewal application if the permittee files a complete renewal application prior to the expiration date of the permit. Renewal applications take priority over permit applications for new withdrawals. Renewal of a permit issued to an existing surface water withdrawer shall be for the quantity of water specified in the current permit unless the Department demonstrates that the quantity above the maximum withdrawals during the permit term are not necessary to meet the permittee's future needs.

b. An existing surface water withdrawer as defined by this regulation may, while renewing its surface water withdrawal permit, simultaneously apply for a modification to increase the amount of withdrawal. While the Department will review and approve the initially authorized amount consistent with section D. of this regulation, the proposed expansion will be evaluated based on the criteria of section E. of this regulation. If a modification is granted allowing additional withdrawal flow, subsequent permit renewals will evaluate the amount authorized in the initial permit under item I.1.a of this regulation while any additional amount authorized after issuance of the initial permit will be evaluated under item I.2.a. of this regulation. However, an application to modify an existing permit for a significant increase in the quantity of the withdrawal for surface water withdrawals authorized pursuant to Section 49-4-40 or Section 49-4-45 shall be subject only to the requirements set forth in that section.

S.C. Code Regs. § 61-119.I.1