S.C. Code Regs. § § 61-58.1.O

Current through Register Vol. 48, 12, December 27, 2024

Section 61-58.1.O - Operating Permits

(1) Public water systems which meet any of the following conditions shall obtain and maintain an operating permit from the Department:

(a) A system which has its own source of water (i.e., well or surface water treatment plant);

(b) A system which provides treatment;

(c) A system which sells water to any person; or,

(d) A system which is a carrier which conveys passengers in interstate commerce.

(2) For existing systems, the owner of a system shall complete and submit an application form for an operating permit within ninety (90) days of receipt of written request from the Department. The Department will provide the owner with a copy of the application form with the written request.

(3) Any person making application for a permit to construct a new public water system which meets any of the conditions specified in R61-58.1.O(1) will not be required to submit a separate operating permit application. The Department will issue an operating permit for the system at the same time the permit to construct is issued. The operating permit will be contingent upon the permittee obtaining approval from the Department to place the newly constructed facilities into operation in accordance with R.61-58.1.K.

(4) For existing systems, the Department shall provide a draft of the operating permit to the applicant for comment, for at least a thirty (30) day period. If the applicant gives written notice of concurrence with the draft permit, the thirty (30) day comment period may be waived. After consideration of any comments received from the applicant, the Department will issue the operating permit. The operating permit will become effective on that date unless a review of the decision is requested in accordance with R.61-58.1(N)(N), or appealed in accordance with R.61-58.C.

(5) The Department may modify an operating permit at any time to include any new promulgated requirements of the Act or these Regulations, to address requirements necessary to ensure compliance with the State Safe Drinking Water Act and these regulations, to include any approved or permitted construction modifications to the system, or to modify a compliance schedule. Permit modifications will be issued in accordance with R.61-58.1.O(3).

(6) The permittee may request a modification of the operating permit at anytime with adequate justification. The permittee shall complete and submit to the Department an operating permit application form along with a detail justification for the modification(s) requested. Permit modifications will be issued in accordance with R.61-58.1.O(3).

(7) An operating permit is non-transferable, except with prior approval of the Department. The permittee shall submit written notification to the Department at least 30 days in advance of the proposed transfer. This notification shall include an operating permit application form which has been completed by the proposed new owner of the system. The Department may request on a case-by-case basis that the proposed new owner of the system submit a business plan which shows how the system will be managed to ensure its long-term viability. If the Department approves of the transfer, a new operating permit will be issued to the new owner of the system in accordance with R.61-58.1.O(3).

(8) An operating permit is non-transferable, except with prior approval of the Department. The permittee shall submit written notification to the Department at least 30 days in advance of the proposed transfer. This notification shall include an operating permit application form which has been completed by the proposed new owner of the system. The Department may request on a case by case basis that the proposed new owner of the system submit a business plan which shows how the system will be managed to ensure its long term viability. If the Department approves of the transfer, a new operating permit will be issued to the new owner of the system in accordance with R.61-58.1.O(4).

(9) If an existing water system is out of compliance with any of the requirements of the Act or these Regulations, the Department may include in the operating permit a schedule for achieving compliance with such requirements.

(10) Once the permittee has satisfactorily complied with the requirements of R.61-58.1.O(9) and necessary corrections have been made to the water system, the permittee may request that the Department revise the sanitary survey rating on the operating permit.

(11) Once the permittee has satisfactorily complied with the requirements of R.61-58.1.O(10) and necessary corrections have been made to the water system, the permittee may request that the Department revise the sanitary survey rating on the operating permit.

(12) The operating permit shall include a condition that requires the submission of a business plan to the Department within six months following the issuance of an "unsatisfactory" rating on any future sanitary survey.

(13) The Department may issue general operating permits for groups of systems with similar operating requirements. The Department may deny coverage under the general operating permit to any system which is not in compliance with the requirements of the Act or these Regulations. The Department may also deny coverage under the general operating permit where specific requirements are necessary to obtain and/or maintain compliance with the Act or these Regulations.

(14) If an existing public water system is divided into two or more smaller water systems, each of the smaller water systems shall comply with the water quality monitoring requirements of the water system prior to it being divided.

S.C. Code Regs. § 61-58.1.O