S.C. Code Regs. § § 61-9.505.A.6

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

Section 61-9.505.A.6 - Continuation of expiring Land Application permits or State permits

(a) The conditions of an expired permit continue in force under S.C. Code section 1-23-370(b) until the effective date of a new permit (see R.61-9.124.15), except when the permit requires connection to a regional sewer system or other treatment facilities under the water quality management plan under section208 of the CWA and the permittee has been notified by the Department that the regional sewer system is operational, if:

(1) The permittee has submitted a timely application under section505.21 which is a complete (under section505.21(e)(e)) application for a new permit; and

(2) The Department, through no fault of the permittee, does not issue a new permit with an effective date under R.61-9.124.15 on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints); or

(3) The permittee has submitted a timely application under section505.21 which is a complete application for a new permit and makes a timely appeal of the new permit.

(b) Effect. Permits continued under this section remain fully effective and enforceable.

(c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the Department may choose to do any or all of the following:

(1) Initiate enforcement action based upon the permit which has been continued;

(2) Issue a notice of intent to deny the new permit under R.61-9.124.6. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

(3) Issue a new permit under R.61-9.124 with appropriate conditions; or

(4) Take other actions authorized by these regulations.

S.C. Code Regs. § 61-9.505.A.6