S.C. Code Regs. § 61-79.124.A.10

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

Section 61-79.124.A.10 - Public notice of permit actions and public comment period

(a) Scope. Public notice of permit actions and public comment periods covered in this section apply only to treatment, storage, and disposal facilities under these regulations. (amended 6/89)

(1) The Department will give public notice when the following actions are to be taken:

(i) A draft permit has been prepared under 124.6; or

(ii) A hearing has been scheduled under 124.12;

(iii) A permit application has been tentatively denied under 124.6(b) (revised 12/92);

(iv) An appeal has been granted under SectionR.61-72.

(2) No public notice will be given when a request for a permit modification, revocation and reissuance, or termination is denied under Section124.5(b)(b). Written notice of that denial will be given to the requestor and the permittee.

(3) Public notice may describe more than one permit or permit action.

(4) The applicant will give public notice in accordance with 124.10(c)(5) when an application for a permit is submitted to the Department. The applicant will give public notice of submittal of an application for a permit modification in accordance with R.61-79.270.42 (amended 6/89).

(b) Timing.

(1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under paragraph (a) of this section shall allow at least 45 days for public comment (revised 12/92).

(2) Public notice of a public hearing will be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.

(c) Methods. Public notice of activities described in paragraphs (a)(1) and (a)(4) of this section shall be given by the following methods: (amended 6/89)

(1) By mailing a copy of a notices of draft permits or hearings to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits); (amended 6/89)

(i) The applicant and those identified in (5); (amended 6/89)

(ii) Any other agency which the Department knows has issued or is required to issue a permit for the same facility or activity;

(iii) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected States(Indian Tribes). (amended 11/90; revised 12/92)

(iv) Persons on a mailing list developed by:

(A) Including those who request in writing to be on the list;

(B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, and in such publications as Regional and State funded newsletters, environmental bulletins, State law journals. (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.).

(v)

(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

(B) To each State agency having any authority under State law with respect to the construction or operation of such facility.

(2) Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations within the area affected by the facility or activity;

(3) In a manner constituting legal notice to the public under state law; and

(4) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(5) Public notice of activities described in paragraph (a)(4) shall be given by the applicant by the following methods: (amended 6/89)

(i) notice to contiguous landowners, as determined by the tax rolls;

(ii) notice to the county in which the facility site is located and all other political subdivisions within twenty miles of the site;

(iii) notice to local daily and weekly newspapers within the area affected by the facility or activity, and the major newspaper in Columbia; and

(iv) notice to the local Chamber of Commerce;

(v) a copy of the permit application to the public library in the county where the site is located.

(d) Contents.

(1) All public notices. All public notices issued under this part shall contain the following minimum information:

(i) Name and address of the office processing the permit action for which notice is being given;

(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;

(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, fact sheet, and the application; the location of the administrative record required by 124.9, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record (revised 12/92); and

(v) A brief description of the comment procedures required by Section124.11, and Section124.12 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision.

(vi) Any additional information considered necessary or proper.

(2) Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this section, the public notice of a hearing under Section124.12 will contain the following information:

(i) Reference to the date of previous public notices relating to the permit;

(ii) Date, time, and place of the hearing;

(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

S.C. Code Regs. 61-79.124.A.10

Amended by 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 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.