Current through Register Vol. 48, 12, December 27, 2024
Section 61-9.122.D.63 - Minor modifications of permitsUpon the consent of the permittee, the Department may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this section, without following the procedures of R.61-9.124. Any permit modification not processed as a minor modification under this section must be made for cause and with R.61-9.124 draft permit and public notice as required in section 122.62. Minor modifications may only:
(a) Correct typographical errors;(b) Require more frequent monitoring or reporting by the permittee;(c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; or(d) Approve permit transfer for a Change in Ownership, as follows: (1) Allow for a change in ownership or operational control of a facility where the Department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Department.(2) Whenever there occurs a change in the ownership of treatment works which are the subject of a NPDES permit the new owner shall notify the Department of this change in ownership within thirty (30) days thereof and shall be bound by all the terms and conditions of said permit or permits.(3) Change the name of the facility.(4) Permits are non-transferable except with the prior consent of the Department.(e)(1) Change the construction schedule for a discharger which is a new source. No such change shall affect a discharger's obligation to have all pollution control equipment installed and in operation prior to discharge under section 122.29.(2) Delete a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in accordance with permit limits.(f)(1) Add or revise requirements for certification under section 208 of CWA.(3) Change sludge disposal sites from one approved landfill to another.(g) Incorporate conditions of a POTW pretreatment program that has been approved in accordance with the procedures in R.61-9.403.11 (or a modification thereto that has been approved in accordance with the procedures in R.61-9.403.18) as enforceable conditions of the POTW's permits.(h)(1) Change the operator grade or other operator requirements, including revision to frequency of operator visits.(2)(i) Change a sampling date stated in the permit or add a sampling date,(ii) Add specific sample locations if unclear in the issued permit,(iii) Reduce sampling frequency after some period of time, if specifically allowed in an issued permit.(3) Add the treatment system reliability classification.(4) Require submittal of closure plans.(5) Change page numbers of the issued permit.(i) Require electronic reporting requirements (to replace paper reporting requirements) including those specified in 40 CFR Part 3 (Cross-Media Electronic Reporting Regulation) and 40 CFR Part 127 (NPDES Electronic Reporting).S.C. Code Regs. § 61-9.122.D.63
Amended by State Register Volume 43, Issue No. 11, eff. 11/22/2019.