S.C. Code Regs. § § 61-9.505.A.5

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

Section 61-9.505.A.5 - Effect of a Land Application permit or State permit

(a)

(1) Except for "standards for sewage sludge use or disposal" under 405(d) of the CWA, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with the Pollution Control Act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in section505.62 and section505.64.

(2) Compliance with a permit condition which implements a particular "standard for sewage sludge use or disposal" shall be an affirmative defense in any enforcement action brought for a violation of that "standard for sewage sludge use or disposal".

(b) The issuance of a Land Application permit or State permit does not convey any property rights of any sort, nor any exclusive privilege.

(c) The issuance of a Land Application permit or State permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.

(d) If a deleterious impact to the groundwaters of the State from the permitted use or disposal practices is documented through groundwater monitoring levels exceeding the standards set forth in R.61-68 or a significant adverse trend occurs, then it will be the obligation of the permittee as directed by the Department to conduct an investigation to determine the vertical and horizontal extent of groundwater impact. The Department may require remediation of the groundwater to within acceptable levels for groundwater as set forth in R.61-68.

S.C. Code Regs. § 61-9.505.A.5