S.C. Code Regs. § § 61-30.H

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

Section 61-30.H - Time Schedules

(1) General

(a) All times given in days are given in calendar days. The last day of the period is to be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. With respect to permit reissuance, the schedule for timely action shall apply only if the applicant so elects and notifies the Department in writing.

(b) The day notice is mailed to the applicant that the application is deemed administratively complete shall be counted. If notice that the application is Administratively Complete or notice that the application is not Administratively Complete, together with notice of the specific items deemed to be lacking, is not mailed to an applicant within ten (10) working days of receipt of an application, the time period will begin.

(c) The time schedule shall be tolled when the Department makes a written request for additional information and shall resume when the Department receives the requested information from the applicant. If an applicant fails to respond to such a request within 180 days, the Department will consider the application withdrawn and the application fee will be forfeited. The Department shall notify the applicant no later than 10 days prior to expiration of the 180-day period.

(d) The time periods given in Section H.2 shall be stayed if:

(i) The applicant requests that permit review be suspended;

(ii) The Department at least ten days prior to the expiration date, requests a delay in the review process to which the applicant agrees;

(iii) The Department is requested to hold a public hearing, in which case the time schedule will be tolled for no more than 60 days.

(e) Change in Project.

(i) Determination of Change. The Department may determine that the applicant has filed a new application whenever additional information provided by the applicant during any Departmental review period, in response to any statement identifying deficiencies in the application or supporting materials, or during any period allowed for public comment, either:

1. results in a change in the category in which the permit application is classified, or;

2. significantly increases or changes the nature of the potential effects of the proposed project or activity on public health and safety or the environment. Upon making a determination that the applicant has filed a new application, the Department shall promptly notify the applicant in writing. The notice shall indicate the basis for the determination and summarize the provisions relative to such determinations. The determination that a project has changed shall not be grounds for a request for adjudicatory hearing; however, an applicant aggrieved by such a determination may seek review of the determination as an issue in any appeal of the permit decision.

(ii) Effects of determination on schedule.

1. Immediately upon issuance of the notification, the schedule for timely action shall be suspended.

2. If the determination resulted from a proposed change in design or operation of the proposed project or activity the applicant may, within 30 days, withdraw the change and return to its previous proposal by so notifying the Department in writing. If the applicant so notifies the Department, the schedule for timely action shall resume at the point at which it was suspended.

3. If the determination resulted from any other cause, or if the applicant does not elect to withdraw the change; the Department shall begin a review of the new application pursuant to the relevant schedule for timely action.

(iii) Effects of determination on fee. Unless the applicant elects to proceed with the previous application the original application shall be deemed withdrawn, and the fee shall be forfeited; provided, that the Department shall credit any amount to be refunded toward the permit application fee payable for the new permit unless the applicant requests a refund.

(f) Extension of schedule by other actions.

(i) Failure of payment. Whenever a check or other form of payment of an application fee is returned for insufficient funds, or if payment in full is in any other manner prevented, the schedule for timely action shall be suspended. The department shall notify the applicant of such suspension in writing.

(g) Extension of periods for Departmental action.

(i) The time periods for the Department to take any action shall be extended whenever action by another federal, state, or municipal governmental agency is required before the Department may act, or judicial proceedings then underway affect the ability of the Department or the applicant to proceed with the application, or when the Department has commenced enforcement proceedings which could result in revocation of an existing permit for that facility or activity and denial of the application. The applicant shall promptly notify the Department in writing whenever it believes that action by another governmental agency is required, or that judicial proceedings affect the ability of the Department or the applicant to proceed with the application.

(ii) The Department shall provide written notice to the permit applicant within ten (10) days of making a determination that an extension is necessary. Such notice shall contain a statement of the reasons for which the schedule must be extended.

(iii) When the Department determines that the reason for such extension is no longer applicable, the Department shall so notify the applicant in writing within ten (10) days of making such determination. The time period for the Department to complete the a timely review shall begin on the day the notice is mailed.

(2) Environmental Permit.

(a) Water Pollution Control:

	(i) New/increased capacity NPDES or land application permits	180 Days
	(ii) Construction Permit for new treatment plant or expansion with increased volume, mass loading, or loading, or addition of pollutant to be controlled.	120 Days (or 20 Days beyond effluent discharge permit issuance, whichever is greater)
	(iii) Construction Permit for treatment plant upgrade (without expansion and no change in effluent discharge permit limits)	90 Days
	(iv) Construction permit for pre-treatment system	90 Days
	(v) Construction Permit for sewer systems (including pump stations and force main systems)	60* Days *Add 45 days if separate navigable waterway permit is applicable
	(vi) Storm water discharge under General Permit	7 Days
	(vii) Water Quality Certification	180 Days
(b)	Agricultural Waste Management Plan Application
	(i) Swine Facilities
	1. Facilities with a capacity of 420,000 pounds or more of production animal live weight at any one time	120 Days
	2. Facilities with a capacity of less than 420,000 pounds of normal production animal live weight at any one time	90 Days
	(ii) Other Animal Facilities
	1. Dry Manure/Litter Operation	90 Days
	2. Wet Manure/Litter Operation	120 Days
(c)	Air Quality:
	(i) Construction permit	90 Days (Except for permits issued under the NESHAP Regulation [R.61-62.63] which provides 105 days for permit issuance.)
	(ii) Operating permit	90 Days
	(iii) PSD Construction Permit	270 Days
	(iv) Title V Operating Permit	540 Days
(d)	Laboratory Certification:
(e)	(i) Initial certification Radioactive Materials licenses:	90 Days
	(i) New license - on-site disposal,broad license	30 Days
	(ii) New license - storage/treatment	180 Days
	(iii) License renewal - annual	30 Days
	(iv) Transporter permit	10 Days
(f)	Hazardous and Mixed Waste Management:
	(i) Commercial Hazardous Waste Facilities	990 Days
	(ii) Non-Commercial Hazardous Waste Facilities	540 Days

Applications for permit modifications which add or delete units or which change the capacity of permitted units will be processed within The time schedules above.

(g)	Solid Waste Management.
	(i) Municipal Solid Waste Landfill Permit:
	1. Solid Waste Landfill Siting Study:	60 Days
	a. Preliminary Hydrogeologic Characterization Report
	b. Site Hydrogeologic Characterization Work Plan	90 Days
	c. Site Hydrogeologic Characterization Report	120 Days
	2. Permit Application	360 Days
	(ii) Industrial Solid Waste Landfill Permit:
	1. Solid Waste Landfill Siting Study:
	a. Preliminary Hydrogeologic Characterization Report	60 Days
	b. Site Hydrogeologic Characterization Workplan	90 Days
	c. Site Hydrogeologic Characterization Report	120 Days
	2. Permit Application	360 Days
	(iii) Municipal Incinerator Ash Landfill Permit:
	1. Solid Waste Landfill Siting Study:
	a. Preliminary Hydrogeologic Characterization Report	60 Days
	b. Site Hydrogeologic Characterization Workplan	90 Days
	c. Site Hydrogeologic Characterization Report	120 Days
	2. Permit Application	360 Days
	(iv) Municipal Solid Waste Incineration Permit	180 Days
	(v) Construction, Demolition and Land-Clearing Debris Landfill Permit	120 Days
	(vi) Waste Tire Permit (Processing, Collection and Disposal Permit)	90 Days
	(vii) Waste Tire Hauler Registration	30 Days
	(viii) Transfer Station Permit	90 Days
	(ix) Research, Development and Demonstration Permit	90 Days
	(x) Municipal Solid Waste Processing Permit	90 Days
	(xi) Lead-Acid Battery Facility Registration	30 Days
	(xii) Yard Trash Composting Facility Registration	30 Days
(h)	Infectious Waste Management:
	(i) Treatment facility	270 Days
	(ii) Intermediate handling facility	270 Days
(i)	Drinking Water Permits:
	(i) Drinking Water Construction	45 Days
	(ii) Recreational Waters	15 Days
	(iii) UST Construction Permit 15 Days In Coastal Zone	45 Days
	(iv) UST Operating Permit	10 Days
	(v) UIC Construction Permit	60 Days
	(vi) UIC Operating Permit	45 Days

(j) Individual Residential Wells and Irrigation Wells (issued under a general permit with the 48-hour period calculated from the time and date of receipt of the Notice of Intent excluding weekends and legal state holidays):

(i) Individual Residential Well	48 Hours
(ii) Irrigation Well	48 Hours

(3) Coastal Zone Management Program.

(g) Solid Waste Management.

(a) Critical Area Permits

(i) Minor activities: 30 days

(ii) Major activities: 90 days

(iii) Extensions or transfers of minor activity permits: 15 days

(iv) Extensions or transfers of major activity permits: 30 days

(v) Amendments of minor activity permits: 30 days

(vi) Amendments of major activity permits: 90 days

S.C. Code Regs. § 61-30.H