S.C. Code Regs. § 61-79.124.A.5

Current through Register Vol. 48, No. 3, March 22, 2024

Section 61-79.124.A.5 - Modification, revocation and reissuance, or termination of permits under these regulations

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Department's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in R.61-79.270.41 and 270.43. All requests shall be in writing and shall contain facts or reasons supporting the request. The requirements of this section do not apply to transporter permits.

(b) If the Department decides the request is not justified, it will send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Denials by the Department may be appealed by requesting of the Board of Health and Environmental Control an adjudicatory hearing as specified under R.61-72 Section II within 15 days of the date of the decision.

(c)

(1) If the Department tentatively decides to modify or revoke and reissue a permit under R.61-79.270. Subpart D, it will prepare a draft permit under 124.6 incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the Department shall require the submission of a new application.

(2) In a permit modification under this section, only those conditions to be modified will be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

(3) "Class 1 and 2 modifications" as defined in R.61-79.270 Subpart D are not subject to the requirements of this section.

(d) If the Department tentatively decides to terminate a permit under 270.43 other than at the request of the permittee, it shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under 124.6.

(e) When the Department is the permitting authority, all draft permits (including notices of intent to terminate) prepared under this section shall be based on the administrative record as defined in Section124.9.

(f) A generator shipping hazardous waste offsite must either be permitted to transport or utilize a transporter permitted pursuant to R.61-79.263. (amended 6/89)

S.C. Code Regs. 61-79.124.A.5

Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 25, Issue No. 10, eff October 26, 2001.