S.C. Code Regs. § § 61-9.124.A.10

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

Section 61-9.124.A.10 - Public notice of permit actions and public comment period

(a) Scope.

(1) The Department shall give public notice of NPDES or Land Application permits that the following actions have occurred:

(i) A permit application has been tentatively denied under section 124.6(b)(b);

(ii) A draft permit has been prepared under section 124.6(d)(d);

(iii) A hearing has been scheduled under section 124.12;

(iv) [Reserved]

(v) [Reserved]

(vi) An NPDES new source determination has been made under R.61-9.122.29.

(2) No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under section 124.5(b)(b). Written notice of that denial shall be given to the requester and to the permittee.

(3) Public notices may describe more than one permit or permit actions.

(b)

(1) Public notice of the preparation of a draft NPDES or Land Application permit (including a notice of intent to deny a permit application) required under paragraph (a) of this section shall allow at least 30 days for public comment.

(2) Public notice of a public hearing shall 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 paragraph (a)(1) of this section shall be given by the following methods:

(1) By mailing a copy of a notice 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);

(i) The applicant (except for NPDES or Land Application general permits when there is no applicant);

(ii) Any other agency which the Department knows has issued or is required to issue a RCRA, UIC, PSD (or other permit under the Clean Air Act), NPDES, 404, sludge management permit, or ocean dumping permit under the Marine Research Protection and Sanctuaries Act for the same facility or activity (including EPA when a draft NPDES permit is prepared by the State);

(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, including any affected States.

(iv) Any State agency responsible for plan development under CWA section 208(b)(2)(b)(2), 208(b)(4) or 303(e) and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service;

(v) Any user identified in the permit application of a privately owned treatment works;

(vi) [Reserved]

(vii) [Reserved]

(viii) [Reserved]

(ix) 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, or 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).

(x)

(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)

(i) For major NPDES permits, NPDES general permits, and permits that include sewage sludge land application plans under 40 CFR 501.15(a)(2)(ix), publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity.

(ii) [Reserved]

(iii) [Reserved]

(iv) For NPDESmajor permits and NPDES general permits, in lieu of the requirement for publication of a notice in a daily or weekly newspaper, as described in paragraph (c)(2)(i) of this section, the Department may publish all notices of activities described in paragraph (a)(1) of this section to the Department's public website. If the Department selects this option for a draft permit, as defined in section 122.2, in addition to meeting the requirements in paragraph (d) of this section, the Department must post the draft permit and fact sheet on the website for the duration of the public comment period.

Note to paragraph (c)(2)(iv):

The Department is encouraged to ensure that the method(s) of public notice effectively informs all interested communities and allows access to the permitting process for those seeking to participate.

(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.

(d) Contents.

(1) All public notices. All public notices for NPDES and Land Application permits issued under this regulation 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, except in the case of NPDES and 404 draft general permits under R.61-9.122.28 and 40 CFR 233.37;

(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit, for NPDES or 404 general permits when there is no application.

(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, statement of basis or fact sheet, and the application; and

(v) A brief description of the comment procedures required by section 124.11 and section 124.12 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) [Reserved]

(vii) For NPDES permits only (including those for "sludge-only facilities"), a general description of the location of each existing or proposed discharge point and the name of the receiving water and the sludge use and disposal practice(s) and the location of each sludge treatment works treating domestic sewage and use or disposal sites known at the time of permit application. For draft general permits, this requirement will be satisfied by a map or description of the permit area.

(viii) [Reserved]

(ix) Requirements applicable to cooling water intake structures under section 316(b)(b) of the CWA, in accordance with 40 CFR 125, subpart I.

(x) 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 section 124.12 shall include 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; and

(e) In addition to the general public notice described in paragraph (d((1) of this section, all persons identified in paragraphs (c)(1)(i)(ii), (iii), and (iv) of this section shall be mailed a copy of the fact sheet, the permit application (if any) and the draft permit (if any).

S.C. Code Regs. § 61-9.124.A.10

Amended by State Register Volume 43, Issue No. 11, eff. 11/22/2019.