S.C. Code Regs. § 61-79.124.A.6

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

Section 61-79.124.A.6 - Draft permits under these regulations

(a) Once an application is complete, the Department shall tentatively decide whether to prepare a draft permit or to deny the application.

(b) If the Department tentatively decides to deny the permit application, it shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See 124.6(e). If the Department's final decision (124.15) is that the tentative decision to deny the permit application was incorrect, it shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this section (revised 12/92).

(c) If the Department decides to prepare a draft permit, the Department shall prepare a draft permit that contains the following information:

(1) The approved permit application;

(2) All conditions under R.61-79.270.30 and 270.32;

(3) All compliance schedules under R.61-79.270.33;

(4) All monitoring requirements under R.61-79.270.31 which have not been specified in the permit applications; and

(5) Any condition established under R.61-79.270.32 necessary to achieve compliance with applicable standards for treatment, storage and/or disposal. Standards for treatment, storage, and/or disposal and other permit conditions under Section270.30.

(d) All draft permits prepared by the Department under this section shall be accompanied by a fact sheet (Section124.8), shall be based on the administrative record (Section124.9), publicly noticed (Section124.10) and made available for public comment (Section124.11). The Department shall give notice of opportunity for a public hearing (Section124.12), issue a final decision (Section124.15), and respond to comments (Section124.17). An appeal may be taken under Section124.19. Draft permits prepared by the Department shall be accompanied by a fact sheet if required under Section124.8. (revised 12/92).

S.C. Code Regs. 61-79.124.A.6

Amended by 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.