S.C. Code Regs. § § 61-79.270.H.155

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

Section 61-79.270.H.155 - May the decision to approve or deny my RAP application be administratively appealed?

(a) Any commenter on the draft RAP or notice of intent to deny, or any participant in any public hearing(s) on the draft RAP, may appeal the Department's decision to approve or deny your RAP application to the Department's Board under 124.19 of this chapter. Any person who did not file comments, or did not participate in any public hearing(s) on the draft RAP, may petition for administrative review only to the extent of the changes from the draft to the final RAP decision. Appeals of RAPs may be made to the same extent as for final permit decisions under 124.15 of this chapter (or a decision under 270.29 to deny a permit for the active life of a RCRA hazardous waste management facility or unit). Instead of the notice required under 124.19(c) and 124.10 of this chapter, the Department will give public notice of any grant of review of RAPs by the Board of Health and Environmental Control through the same means used to provide notice under 270.145. The notice will include:

(1) The briefing schedule for the appeal as provided by the Board;

(2) A statement that any interested person may file an amicus brief with the Board; and

(3) The information specified in 270.145(c), as appropriate.

(b) This appeal is a prerequisite to seeking judicial review of these actions.

S.C. Code Regs. § 61-79.270.H.155

Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.