Atch-01 PWS Attachment 8.1. Short NPDES Stay Permit Jan 2026.pdf
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This is an NPDES (National Pollutant Discharge Elimination System) General Permit (SCG570000) for domestic wastewater treatment plant discharges in South Carolina, issued by the Department of Environmental Services. The permit covers wastewater treatment facilities with design flows less than 500,000 gallons per day discharging to freshwater or saltwater classified waters. Permit coverage includes publicly owned treatment works (POTWs), privately owned treatment works, and industrial facilities with domestic wastewater only, with specific restrictions excluding new or expanding dischargers to shellfish harvesting waters (SFH). The permit establishes comprehensive effluent limitations for biochemical oxygen demand (BOD₅), total suspended solids (TSS), ammonia nitrogen (NH₃-N), total residual chlorine (TRC), dissolved oxygen, pH, nutrients (phosphorus and nitrogen), metals (cadmium, copper, lead, mercury, and zinc), and bacterial indicators (E. coli, enterococci, and fecal coliform) based on receiving water classification and facility design flow. Monitoring requirements vary by facility size and receiving water type, with frequencies ranging from monthly to once every five years for specific parameters, and all monitoring reports must be submitted electronically through the Department's ePermitting system by the 28th of the month following the monitoring period.
The permit includes operational requirements mandating proper operation and maintenance, certified operator staffing (Grade B or higher for biological treatment), daily facility inspections, development of operations and maintenance manuals, and odor control management plans. Permittees must comply with secondary treatment percent removal requirements for BOD₅ and TSS, whole effluent toxicity testing (acute and chronic) at specified test concentrations using specific organisms (Ceriodaphnia dubia for freshwater, Mysidopsis bahia for saltwater), and maintain records for at least three years. Special conditions address sludge disposal in compliance with 40 CFR Part 503, prohibited discharges to POTWs, and reporting requirements including 24-hour notification of noncompliance exceeding permit limitations. The permit is valid for five years from the effective date with authorization to discharge from outfall 001 only. A certificate of coverage for a specific facility (Permit No. SCG570041) with design flow of 0.03 MGD discharging to freshwater is included, along with sludge removal and transportation approval from the Department of Environmental Services authorizing one-time sludge transport to Berkeley County Water & Sanitation facility.
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NPDES General Permit SCG570000
Permit No. SCG570000
Table of Contents
Part I. DEFINITIONS
Part II. COVERAGE UNDER THIS PERMIT
A. Permit Area B. Eligibility C. Authorization D. Continuation of Expired General Permit E. Duty to Reapply
Part III. NOTICE OF INTENT REQUIREMENTS
A. Deadlines for Notification B. Contents of Notice of Intent C. Where to Submit D. Renotification E. Individual Applications F. Transfer of Ownership or Control
Part IV. MONITORING AND REPORTING REQUIREMENTS
A. Monitoring Reports B. Monitoring and Records
Part V. STANDARD PERMIT CONDITIONS
A. Duty to Comply B. Need to Halt or Reduce Activity Not a Defense C. Duty to Mitigate D. Proper Operation and Maintenance E. Permit Actions F. Property Rights G. Duty to Provide Information H. Inspection and Entry I. Signatory Requirements J. Reporting Requirements K. Bypass L. Upset M. Misrepresentation of Information N. Requiring an Individual Permit or an Alternative General Permit
Part VI. REOPENER CLAUSE
Part VII. TERMINATION OF COVERAGE
A. Notice of Termination B. Where to Submit
Part VIII. SPECIAL CONDITIONS
A. Releases in Excess of Reportable Quantities B. [Reserved] C. [Reserved] D. Sludge Disposal Requirements
E. Effluent Sampling Requirements F. Other Requirements
Part IX. Other Requirements
A. [Reserved] B. Effluent Toxicity Limitations and Monitoring Requirements C. Effluent Limitations and Monitoring Requirements D. Odor Control Requirements E. [Reserved] F. [Reserved] G. Additional Operational Requirements H. Secondary Treatment (POTW’s only) - Percent Removal (BOD5, CBOD5 and TSS) I. Secondary Treatment (POTW’s only) - Percent Removal for Lagoons (BOD5 and CBOD5)
Part X. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
A. Wastewater treatment facilities (domestic wastewater sources only) with a design flow less than or equal to 50,000 gallons per day
B. Wastewater treatment facilities (domestic wastewater sources only) with a design flow greater than 50,000 gallons per day and less than 500,000 gallons per day
C. Nutrients Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow less than or equal to 50,000 gallons per day
D. Nutrients Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow greater than 50,000 gallons per day and less than 500,000 gallons per day
E. Metals Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow less than or equal to 50,000 gallons per day
F. Metals Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow greater than 50,000 gallons per day and less than 500,000 gallons per day
G. Acute Whole Effluent Toxicity Limitations and Monitoring Requirements discharging to Freshwaters (FW and FW sp)
H. Acute Whole Effluent Toxicity Limitations and Monitoring Requirements discharging to Saltwaters (SA, SA sp, SB, SB sp, or existing SFH)
I. Chronic Whole Effluent Toxicity Limitations and Monitoring Requirements discharging to Freshwaters (FW and FW sp)
J. Chronic Whole Effluent Toxicity Limitations and Monitoring Requirements discharging to Saltwaters (SA, SA sp, SB, SB sp, or existing SFH)
K. Bacteria Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow less than or equal to 50,000 gallons per day discharging to Freshwaters (FW and FW sp)
L. Bacteria Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow greater than 50,000 gallons per day and less than 500,000 gallons per day discharging to Freshwaters (FW and FW sp)
M. Bacteria Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow less than or equal to 50,000 gallons per day discharging to Saltwaters (SA and SA sp)
N. Bacteria Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow greater than 50,000 gallons per day and less than 500,000 gallons per day discharging to Saltwaters (SA and SA sp)
O. Bacteria Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a d design flow less than or equal to 50,000 gallons per day discharging to Saltwaters (SB and SB sp)
P. Bacteria Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow greater than 50,000 gallons per day and less than 500,000 gallons per day discharging to Saltwaters (SB and SB sp)
Q. Bacteria Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow less than or equal to 50,000 gallons per day discharging to Saltwaters SFH (existing) or any waters regardless of class that can affect shellfish ... 70
R. Bacteria Limitations and Monitoring Requirements: Wastewater treatment facilities (domestic wastewater sources only) with a design flow greater than 50,000 gallons per day and less than 500,000 gallons per day discharging to Saltwaters SFH (existing) or any waters regardless of class that can affect shellfish
S. Bacteria Supplemental Data Sheet
Part I
Part I. DEFINITIONS
Any term not defined in this Part has the definition stated in the South Carolina Pollution Control Act (PCA) or in “Water Pollution Control Permits”, R.61-9 or its normal meaning.
A. The “Act”, or CWA shall refer to the Clean Water Act (Formerly referred to as the Federal Water Pollution
Control Act) Public Law 92-500, as amended means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L.
92-500, as amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117, 33 U.S.C. 1251 et seq. Specific references to sections within the CWA will be according to Pub. L. 92-500 notation.
B. “Arithmetic Mean” for any set of values means the summation of the individual values divided by the number of individual values.
C. “Best Management Practices” (“BMPs”) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
D. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.
E. “Composite sample” shall be defined as one of the following four types:
1. An influent or effluent portion collected continuously over a specified period of time at a rate proportional to the flow.
2. A combination of not less than 8 influent or effluent grab samples collected at regular (equal) intervals over a specified period of time and composited by increasing the volume of each aliquot in proportion to flow. If continuous flow measurement is not used to composite in proportion to flow, the following method will be used: An instantaneous flow measurement should be taken each time a grab sample is collected. At the end of the sampling period, the instantaneous flow measurements should be summed to obtain a total flow. The instantaneous flow measurement can then be divided by the total flow to determine the percentage of each grab sample to be combined. These combined samples form the composite sample.
3. A combination of not less than 8 influent or effluent grab samples of equal volume but at variable time intervals that are inversely proportional to the volume of the flow. In other words, the time interval between aliquots is reduced as the volume of flow increases.
4. If the effluent varies by less than 15 percent, a combination of not less than 8 influent or effluent grab sample of constant (equal) volume collected at regular (equal) time intervals over a specified period of time.
5. All samples shall be properly preserved in accordance with Part IV.B.4. Continuous flow or the sum of instantaneous flows measured and averaged for the specified compositing time period shall be used with composite results to calculate mass.
F. “CWA” means Clean Water Act. See A. above.
G. “Daily discharge” means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.
H. “Daily maximum” other than for bacterial indicators (i.e. fecal coliform, E. coli and enterococci) is the highest average value recorded of samples collected on any single day during the calendar month. Daily average for bacterial indicators means the highest arithmetic average of bacterial samples collected for each bacterial indicator species (i.e. fecal coliform, E. coli and/or enterococci) in any 24 hour period during a calendar month.
I. “Daily minimum” is the lowest average value recorded of samples collected on any single day during the calendar month.
J. “Department” or “SCDES” means the South Carolina Department of Environmental Services or an authorized representative.
K. “Director” means the EPA Regional Administrator or an authorized representative.
L. “DMR” means a Discharge Monitoring Report.
M. “EPA” means the Environmental Protection Agency.
N. “Freshwater” means any freshwater as defined by Regulation 61-68 and classified by Regulation 61-69.
O. “Geometric mean” of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1).
P. “Grab sample” is an individual, discrete, or single influent or effluent portion of at least 100 milliliters collected at a time representative of the discharge and over a period not exceeding 15 minutes and retained separately for analysis. Instantaneous flow measured at the time of grab sample collection shall be used to calculate quantity, unless a totalizer is used.
Q. “Instantaneous maximum or minimum” means the highest or lowest value recorded of all samples collected during the calendar month.
R. “MGD” means million gallons per day.
S. "Monthly Average", other than for fecal coliform, E. coli and enterococci, is the arithmetic mean of all samples collected in a calendar month period. Monthly average (for bacterial indicators only) means the calendar month (i.e., 28 days, 29 days, 30 days, or 31 days) geometric mean of all bacterial samples collected [for each of the bacterial indicator species (i.e., E. coli, enterococci, and/or fecal coliform)] during that calendar month. The monthly average loading is the arithmetic average of all daily discharges made during the month.
T. “NOI” means notice of intent to be covered by this permit.
U. “NOT” means notice of termination.
V. “Outfall” or “Point Source” means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agricultural or agricultural storm water runoff.
W. “Permittee” means any individual, facility or company to whom this permit has been issued.
X. “POTW” means a treatment works as defined by section 212 of the CWA, which is owned by a state or municipality (as defined by section 502[4] of the CWA). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature or a regional entity composed of two (2) or more municipalities or parts thereof. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant.
The term also means the municipality, as defined in section 502[4] of the CWA, which has jurisdiction over the Indirect Dischargers to and the discharge from such a treatment works.
Y. “Practical Quantitation Limit” is the concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. It is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method-specific sample weights, volumes, and processing steps have been followed.
It is also referred to as the reporting limit.
Z. “Privately owned treatment works” means any device or system which both is used to treat wastes from any facility whose operator is not the operator of the treatment works and is not a POTW.
AA “Quarter” is defined as the first three calendar months beginning with the month that this permit becomes effective and each group of three calendar months thereafter.
BB. “Quarterly average” is the arithmetic mean of all samples collected in a quarter.
CC. “Regional Administrator” means the Regional Administrator of Region IV of the Environmental Protection
Agency or the authorized representative of the Regional Administrator.
DD. “Saltwater” means any tidal saltwater defined as Class SA, SB or Shellfish Harvesting (SFH) by Regulation 61-68 and classified by Regulation 61-69.
EE. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
FF. “Significant spills” includes but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under Section 311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (see 40 CFR 302.4).
GG. “sp” an “sp” by the water class means the Department has established site-specific standards for certain parameters for that waterbody. The site-specific standards are listed in parentheses after the waterbody description in Regulation 61-69.
HH. “Storm Water” means storm water runoff, snowmelt runoff, and surface runoff and drainage.
II. “TRC” means Total Residual Chlorine.
JJ. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent cause by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
KK. “Waters of South Carolina” means all waters of the United States within the political boundaries of the
State of South Carolina.
LL. “Waters of the United States” means:
1. All waters, which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;
2. All interstate waters, including interstate “wetlands”;
3. All other waters such as interstate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, wet meadows, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:
a. Which are or could be used by interstate or foreign travelers for recreational or other purposes;
b. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
c. Which are used or could be used for industrial purposes by industries in interstate commerce;
4. All impoundments of waters otherwise defined as waters of South Carolina under this definition.
5. Tributaries of waters identified in paragraphs 1 through 4 of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs 1 through 6 of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA are not waters of South Carolina. This exclusion applies only to manmade bodies of water, which neither were originally created in waters of South Carolina (such as disposal areas in wetlands) nor resulted from the impoundment of waters of South Carolina.
MM. “Weekly average” is the arithmetic mean of all the samples collected during a one-week period. For self-monitoring purposes, weekly periods in a calendar month are defined as three (3) consecutive seven-day intervals starting with the first day of the calendar month and a fourth interval containing seven (7) days plus those days beyond the 28th day in a calendar month. The value to be reported is the single highest of the four (4) weekly averages computed during a calendar month. The weekly average loading is the arithmetic average of all daily discharges made during the week.
NN. “Ultimate Oxygen Demand” (UOD) is the oxygen consumed by aquatic microbes in metabolizing the remaining organic and nitrogenous matter in the effluent from the permittee's wastewater treatment plant. This demand is expressed in pounds per day and is calculated by multiplying the effluent biochemical oxygen demand (BOD5) or the effluent carbonaceous biochemical oxygen demand (CBOD5) concentration by the F-ratio and adding that to 4.57 times the effluent ammonia (NH3-N) concentration and multiplying the sum by the flow and the constant 8.34. The UOD loading is the arithmetic average of all individual loading determinations made during the sampling period.
U.O.D. (lbs/day) = [{BOD5(mg/l) * F-ratio} + {NH3-N(mg/l) * 4.57}] * Flow (MGD)* 8.34
F-ratio = 1.50
OR
U.O.D. (lbs/day) = [{CBOD5(mg/l) * F-ratio} + {NH3-N(mg/l) * 4.57}] * Flow (MGD)* 8.34
F-ratio = 1.50
Legend (See Effluent Limitations and Monitoring Requirements)
Abbreviation Meaning/Definition BOD5 5-Day Biochemical Oxygen Demand TSS Total Suspended Solids DO Dissolved Oxygen TRC Total Residual Chlorine
NH3-N Ammonia Nitrogen 24 Hr C 24 Hour Composite Cont. Continuous Calc Calculated Eff. Effluent Inst Instantaneous
Part II
Part II. COVERAGE UNDER THIS PERMIT
A. Permit Area
The permit covers all areas of South Carolina, where the discharge is into Freshwater (Class FW or FW sp) or Saltwater (Class SA, SA sp, SB, or SB sp) as classified by S.C. Regulation 61-68, Water Classifications and Standards, and Regulation 61-69, Classified Waters. The permit also covers all areas of South Carolina, where the discharge is into Saltwater (Class SFH) as classified by S.C. Regulation 61-68, Water Classifications and Standards, and Regulation 61-69, Classified Waters for existing dischargers only (as of the date of the issue date for the general permit) and does not include either new or expanding dischargers into SFH waters.
B. Eligibility
1. This permit may cover all new, expanding or existing point source discharges from domestic wastewater treatment plants (or other covered activities) with a design flow of less than 500,000 gallons per day into waters of the state of South Carolina but does not include either new or expanding dischargers into saltwater Class SFH. This permit may cover all new, expanding or existing point source discharges from industrial facilities with domestic wastewater only (no process wastewater) and with a design flow of less than 500,000 gallons per day into waters of the state of South Carolina.
2. The effluent limits will be based on the 7Q10 of the receiving stream and calculated using the formulas from the general permit rationale and related tables or information from the general permit.
3. This permit does not authorize discharges that have a design flow greater than or equal to 500,000 gallons per day or includes a pretreatment program under R.61-9.403 or receives wastewater from categorical sources per R.61-9.403 or stormwater subject to separate stormwater regulations. This permit also does not include new (as of the date of the issue date for the general permit) or expanding dischargers into Class SFH waters.
4. Types of Coverage: This permit authorizes discharge of the following types of wastewater as further specified in this permit:
a. Wastewater treatment facilities with no compliance schedules and with a design flow less than or equal to 50,000 gallons per day and:
(1) A POTW with a discharge to Freshwaters (Class FW or Class FW sp).
(2) A POTW with a discharge to Saltwaters (Class SA or Class SA sp).
(3) A POTW with a discharge to Saltwaters (Class SB or Class SB sp).
(4) A POTW with a discharge to Saltwaters (Class SFH, existing facilities only).
(5) A privately owned treatment works with a discharge to Freshwaters (Class FW or Class FW sp).
(6) A privately owned treatment works with a discharge to Saltwaters (Class SA or Class SA sp).
(7) A privately owned treatment works with a discharge to Saltwaters (Class SB or Class SB sp).
(8) A privately owned treatment works with a discharge to Saltwaters (Class SFH, existing facilities only).
(9) An industrial facility with domestic wastewater only (no process wastewater) with a discharge to Freshwaters (Class FW or Class FW sp).
(10) An industrial facility with domestic wastewater only (no process wastewater) with a discharge to Saltwaters (Class SA or Class SA sp).
(11) An industrial facility with domestic wastewater only (no process wastewater) with a discharge to Saltwaters (Class SB or Class SB sp).
(12) An industrial facility with domestic wastewater only (no process wastewater) with a discharge to Saltwaters (Class SFH, existing facilities only).
b. Wastewater treatment facilities with no compliance schedules and with a design flow greater than
50,000 gallons per day and less than 500,000 gallons per day and:
(1) A POTW with a discharge to Freshwaters (Class FW or Class FW sp).
(2) A POTW with a discharge to Saltwaters (Class SA or Class SA sp).
(3) A POTW with a discharge to Saltwaters (Class SB or Class SB sp).
(4) A POTW with a discharge to Saltwaters (Class SFH, existing facilities only).
(5) A privately owned treatment works with a discharge to Freshwaters (Class FW or Class FW sp).
(6) A privately owned treatment works with a discharge to Saltwaters (Class SA or Class SA sp).
(7) A privately owned treatment works with a discharge to Saltwaters (Class SB or Class SB sp).
(8) A privately owned treatment works with a discharge to Saltwaters (Class SFH, existing facilities only).
(9) An industrial facility with domestic wastewater only (no process wastewater) with a discharge to Freshwaters (Class FW or Class FW sp).
(10) An industrial facility with domestic wastewater only (no process wastewater) with a discharge to Saltwaters (Class SA or Class SA sp).
(11) An industrial facility with domestic wastewater only (no process wastewater) with a discharge to Saltwaters (Class SB or Class SB sp).
(12) An industrial facility with domestic wastewater only (no process wastewater) with a discharge to Saltwaters (Class SFH, existing facilities only).
c. All facilities needing Toxicity Limitations in addition to the items above.
d. All facilities utilizing the bacterial requirements for documenting compliance with the provisions of R.61-68.E.14(c)(12).
5. Limitations on Coverage
The following wastewater treatment plant discharges are not authorized by this permit:
a. discharges that are:
(1) mixed with other wastewater from categorical sources per R.61-9.403 and/or process wastewater unless those discharges are in compliance with a different NPDES permit; or
(2) discharges of hazardous substances or oils, identified by and in compliance with Part VIII.A;
b. discharges which are subject to an existing effluent limitation guideline addressing them;
c. discharges that are subject to an existing NPDES individual or general permit; are located at a facility where an NPDES permit has been terminated or denied; or which are issued a permit in accordance with Part V.N (Requiring an Individual Permit or an Alternative General Permit) of this permit. Such discharges may be authorized under this permit after an existing permit expires or is canceled.
d. discharges for waters other than those described;
e. discharges whose receiving waters are not Freshwater (Class FW or Class FW sp) or Saltwater
(Class SA, Class SA sp, Class SB, Class SB sp, or Class SFH) as qualified in Part II.A. above as classified by S.C. Reg. 61-68, Water Classifications and Standards and 61-69, Classified Waters. This permit does not authorize discharges to Trout Waters (Class TPGT or Class TN), Outstanding Resource Waters (Class ORW), or Outstanding National Resource Waters (Class ONRW) as classified by S.C. Regulation 61-69.
f. discharges that the Department has determined to be or which may reasonably be expected to be contributing to a violation of a water quality standard; and
g. discharges that would adversely affect a listed endangered or threatened species or its critical habitat.
C. Authorization
1. Wastewater treatment plant dischargers desiring coverage under this general permit at the time of original permit issue must:
a. have submitted timely, appropriate reapplication forms for an existing individual permit or
b. either;
(1) submit for discharges as described in II.B, above, using for:
(a) POTWs: NPDES Form 2A, NPDES Form 2S (if applicable), and any required supplemental information (e.g. sludge supplement, Mixing Zone Request Form, Location Supplement and Antidegradation/Alternatives Analysis (for New or Expanding dischargers including new/increased loadings);
(b) Private domestic wastewater systems: Short Form D, NPDES Form 2S (if required) and any required supplemental information (e.g. sludge supplement, Mixing Zone Request Form, Location Supplement and Antidegredation/Alternatives Analysis (for New or Expanding dischargers including new/increased loadings);
(c) Industrial facility with domestic wastewater only (no process wastewater): Forms 1 and
2C, Forms 1 and 2D, or Forms 1 and 2E and any required supplemental information (e.g.
sludge supplement (if required), Mixing Zone Request Form (if required), Location Supplement and Antidegradation/Alternatives Analysis (for New or Expanding dischargers including new/increased loadings).
In accordance with the requirements of Part III of this permit, to be authorized to discharge under this general permit, or,
(2) submit a NOI form (and all associated required attachments) provided by the Department.
2. Discharges for which individual permit applications have been submitted are authorized to discharge under the terms and conditions of this permit beginning on the date of written notice from the Department of such coverage.
3. Discharges (either new or expansions (any increase in loading) of existing facilities) requesting coverage after the effective date of this General Permit and not included in the original public notice for the:
a. General Permit can be granted coverage under the following conditions:
The following documents, certifications and or applications must be complete as determined by the Department:
(1) NPDES application forms, or NOI as required by the General Permit section II.C.1.b(1).
(2) Sludge or solids disposal forms as required by the General Permit section II.C.1.b(1).
(3) 208 Water Quality Management Plan consistency of permit including permit reissues, expansions of facilities or new facilities.
(4) Any proposed mixing zone request along with the associated mixing zone application forms.
(5) For private facilities (including industrial facilities with domestic wastewater only), all necessary easements or agreements for the wastewater treatment plant, and all sewer lines, force mains and pump stations to the proposed outfall.
(6) Any other documents, certifications and or applications (identified by the Department) as being necessary for the permit reissue or required per Regulation R.61-9.
b. In addition, for wastewater plant expansions (any increase in loading), or new facilities:
(1) A substantially complete Preliminary Engineering Report for the proposed expansion or new facility has been submitted to the Department.
(2) A complete antidegradation analysis (per R.61-68) for the proposed project
(3) A complete wasteload allocation for the proposed expansion or new facility, or alternatively an acceptable water quality model (as determined by the Department) for the proposed discharge per R.61-67.
(4) For dischargers within the eight Coastal Zone counties covered by SCDES OCRM, an OCRM certification of the project (if determined necessary)
(5) For dischargers to Navigable Waters as defined by R.61-68, or R.61-67, a completed Navigable Waters review along with any required Construction Permit conditions for the proposed discharge point (if applicable)
(6) Any other documents, certifications and applications (identified by the Department) as being necessary for the proposed project or required per Regulations R.61-68, R.61-67 or R.61-9.
c. For public notices associated with completed application packages (as identified by item 3(a) or 3(b)) will be placed in accordance with R.61-9.124.10.
d. At the end of the public notice period, and after any comments are addressed per R.61-9, the proposed permit (if determined by the Department to be issued), will become effective as described below:
(1) For public notices during the first day of the 2nd following month (e.g. notices between March
1st and March 30th, the permit would be effective May 1st) of the calendar year, the permit would be effective.
(2) If due to the expiration date of the issued General Permit, this effective date would be after the expiration date of the general permit, the effective date could be changed to an earlier date however the permit issue must meet the requirements stated in R.61-9.
e. Any complete permit application packages (for permits not presently covered under the General
Permit) for permit reissues, expansions, or new facilities within nine (9) months of the General Permit expiration date, will be considered meeting the requirements for a complete application package for the subsequent permit renewal. The permittee would only be required to resubmit the signature page(s) for either the NOI or the application forms prior to the permit expiration date to be considered complete. All other permittee's (presently covered under the General Permit) must submit a complete application package as required by R.61-9 and the General permit conditions, in the timeframe required.
4. The Department may deny coverage under this permit and require submittal of an application for an individual NPDES permit based on a review of the NOI or other information.
D. Continuation of Expired General Permit
If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with R.61-9.122.6 and remain in force and effect. If you were authorized to discharge under this permit prior to the expiration date, any discharges authorized under this permit will automatically remain covered by this permit provided a complete application was provided as required in Part II.E. Coverage under this permit continues in force and effect only if the conditions in Part II.E below are satisfied.
E. Duty to Reapply
1. Except as noted in Part II.C.3.e above, permittees must submit an NOI (or other application forms) in accordance with the requirements of Part III of this permit at least 180 days prior to the permit expiration date (unless an extension has been granted but in no case beyond the expiration date) to remain covered under the continued permit after expiration. The completed NOI (or other application forms) should be submitted to the Department through ePermitting.
2. Permittees who submit NOIs (or other application forms) in accordance with the requirements of Part
III of this permit and obtain coverage prior to the permit expiration date are automatically considered covered under the continued permit after expiration.
3. An NOI (or other application forms) submitted in accordance with E.1 or E.2 above will be used to determine coverage under the new General Permit when this permit is reissued. The Department may require additional information to be submitted as necessary to determine if permit coverage can be granted.
Part III
Part III. NOTICE OF INTENT REQUIREMENTS
A. Deadlines for Notification
1. Except as provided in Part III.A.2 (Late NOIs), III.F (Transfer of Ownership or Control), or Part II.C applicants or permittees who intend to obtain coverage for a new or existing wastewater treatment plant discharge (or other covered activities) under this permit shall submit a NOI in accordance with the requirements of this part at least one hundred eighty (180) days before coverage is desired;
2. An applicant or permittee of a wastewater treatment facility (or other covered activities) is not precluded from submitting a NOI (or other required application forms) in accordance with the requirements of this part after the effective date of this permit. In such instances, the Department may bring an enforcement action for failure to submit a NOI (or other required application forms) in a timely manner or for any unauthorized discharges of wastewaters that have occurred.
B. Contents of Notice of Intent
The Notice of Intent shall be signed in accordance with Part V.I of this permit and shall include the following information:
1. Name, mailing address, location of the facility for which the notification is submitted, and location of the outfall(s) stated as latitude and longitude to the nearest 15 seconds.
2. Up to four 4-digit Standard Industrial Classification (SIC) codes and up to four 6-digit North American
Industry Classification System (NAICS) codes that best represent the principal products or activities provided by the facility; or for hazardous waste treatment, storage or disposal facilities, land disposal facilities that receive or have received any industrial waste, steam electric power generating facilities, or treatment works treating domestic sewage, a narrative identification of those activities;
3. The operator's name, address, email address, telephone number, and status as Federal, State, private, public or other entity;
4. The permit number of additional NPDES permits for any discharges (including storm water discharges, etc.) from the site that are currently, or have been previously, authorized by an NPDES permit;
5. Emergency contact information for at least two (2) contacts that includes contact name, mobile number and email address;
6. The name of the receiving water(s);
7. Information related to the quality and quantity of wastewater to be discharged;
8. A statement that easements for the discharge have been obtained by the permittee for any conveyances of the discharge not on property of the permittee and which do not constitute waters of the State;
Part III
9. A map indicating facility and discharge locations.
C. Where to Submit
Facilities required to submit an NOI per Part III.B of this permit to the Department must use the appropriate form through ePermitting. NOIs must be signed in accordance with Part VI.I of this permit.
The permittee shall use the electronic application system through ePermitting. If the permittee encounters technical difficulties using the electronic application system, contact SCDES at epermittinghelp@des.sc.gov for technical assistance. Please contact the Compliance Manager for your permit to obtain approval to submit paper NOIs until the technical issue is resolved.
D. Renotification
Upon issuance of a new general permit, the permittee is required to notify the SCDES/Bureau of Water/Water Facilities Permitting Division of its intent to be covered by the new general permit.
E. Individual Applications
Any applicant eligible for coverage under the general permit who has previously filed an individual application and has not received an NPDES permit can receive coverage under this general permit. To do so, a letter must be sent to the SCDES/Bureau of Water/Water Facilities Permitting Division requesting coverage in lieu of an individual permit.
F. Transfer of Ownership or Control
1. Coverage under a general permit may be transferred to another party under the following conditions:
a. The permittee notifies the SCDES/Bureau of Water/Water Facilities Permitting Division of the proposed transfer at least thirty (30) days in advance of the proposed transfer date;
b. A written agreement is submitted to the SCDES/Bureau of Water/Water Facilities Permitting
Division between the existing and new permittee containing a specific date of permit responsibility, coverage, and liability for violations up to that date and thereafter.
c. A NOI (or other application forms) is filed by the new owner.
d. The proposed owner complies with Viability Requirements in accordance with SC Regulation R.61-
9.600 (if required).
Transfers are not effective until approved by the Department. A permit is non-transferable without prior Department approval.
Part IV
Part IV. MONITORING AND REPORTING REQUIREMENTS
A. Monitoring Reports
Monitoring results shall be reported at the intervals specified in the permit.
1. Monitoring results shall be reported at the intervals specified in the permit. Monitoring periods are calculated beginning with the permit effective date, unless otherwise stated elsewhere in this permit.
If the permit is modified, the effective date of the modification is used to begin calculation of the monitoring period for those items that are part of the modification unless otherwise stated elsewhere in this permit.
a. Monitoring results must be reported online through an electronic Discharge Monitoring Report
(DMR) or schedule specified by the Department for reporting results of monitoring of groundwater or sludge use or disposal practices including the following:
(1) Effluent Monitoring:
Effluent monitoring results obtained at the required frequency shall be reported on a Discharge Monitoring Report. The completed DMR must be submitted through ePermitting no later than 11:59 PM on the 28th day of the month following the end of the monitoring period.
The permittee shall use the DMR system through ePermitting. If the permittee encounters technical difficulties using the DMR system, contact SCDES at epermittinghelp@des.sc.gov for technical assistance. Please contact the Compliance Manager for your permit to obtain approval to submit paper DMRs until the technical issue is resolved.
(2) Groundwater Monitoring:
Groundwater monitoring results obtained at the required frequency shall be reported on a Groundwater Monitoring Report (GMR). The GMR must be submitted through ePermitting no later than 11:59 PM on the 28th day of the month following the end of the monitoring period.
The permittee shall use the GMR schedule in ePermitting. If the permittee encounters technical difficulties using the GMR schedule, contact SCDES at epermittinghelp@des.sc.gov for technical assistance. Please contact the Compliance Manager for your permit to obtain approval to submit paper GMRs until the technical issue is resolved.
(3) Sludge, Biosolids and/or Soil Monitoring:
Sludge, biosolids and/or soil monitoring results obtained at the required frequency shall be reported in a laboratory format on a schedule submitted through ePermitting no later than 11:59 PM on the 28th day of the month following the end of the monitoring period.
The permittee shall submit reports through ePermitting. If the permittee encounters technical difficulties using the report schedule, contact SCDES at epermittinghelp@des.sc.gov for technical assistance. Please contact the Compliance Manager for your permit to obtain approval to submit paper reports until the technical issue is resolved.
(4) All other reports and submissions required by this permit shall be submitted through ePermitting no later than 11:59 PM on the 28th day of the month following the end of the monitoring period unless otherwise specified in this permit.
The permittee shall submit reports through ePermitting. If the permittee encounters technical difficulties using the report schedule, contact SCDES for technical assistance at epermittinghelp@des.sc.gov. Please contact the Compliance Manager for your permit to obtain approval to submit paper reports until the technical issue is resolved.
b. If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in R.61-9.503 or R.61-9.504, or as specified in the permit, all valid results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge report specified by the Department. The permittee has sole responsibility for scheduling analyses, other than for the sample date specified in Part V, so as to ensure there is sufficient opportunity to complete and report the required number of valid results for each monitoring period.
c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Department in the permit.
B. Monitoring and Records
1. a. Samples and measurements
(1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(2) Samples shall be reasonably distributed in time, while maintaining representative sampling.
(3) No analysis, which is otherwise valid, shall be terminated for the purpose of preventing the analysis from showing a permit or water quality violation.
b. Flow Measurements
Where primary flow meters are required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be present and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated, and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of not greater than 10 percent from the true discharge rates throughout the range of expected discharge volumes. The primary flow device, where required, must be accessible with the use of a continuous flow recorder.
c. The permittee shall maintain all records of inspections at the permitted facility as required by the permit, and the records shall be made available for on-site review during normal working hours.
2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by R.61-9.503 or R.61-9.504), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended at the request of the Department at any time.
3. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
4. a. Analyses for required monitoring must be conducted according to test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal specified in R.61-9.503, unless other test procedures have been specified in the permit.
b. Unless addressed elsewhere in this permit, the permittee shall use a sufficiently sensitive analytical method for each sample that achieves a value below the derived permit limit stated in Part X. If more than one method of analysis is approved for use, the Department recommends for reasonable potential determinations that the permittee use the method having the lowest practical quantitation limit (PQL) unless otherwise specified in Part VIII of the permit. For the purposes of reporting analytical data on the Discharge Monitoring Report (DMR):
(1) Analytical results below the PQL from methods available in 40 CFR 136 or otherwise specified in the permit shall be reported as zero (0), provided the PQL is below the value specified in Part V.G.5 and the result is also below the PQL. Zero (0) shall also be used to average results which are below the PQL. When zero (0) is reported or used to average results, the permittee shall report, in the ‘General Report Comments’ section of the DMR, the analytical method used, the PQL achieved, and the number of times results below the PQL were reported as zero (0).
(2) Analytical results above the PQL from methods available in 40 CFR 136 or otherwise specified in the permit shall be reported as the value achieved, even if the PQL is below the value specified in Part VIII.E. When averaging results using a value containing a < the average shall be calculated using the value and reported as < the average of all results collected.
(3) (a) Mass value for a pollutant collected using a grab sample shall be calculated using the 24-hour totalized flow for the day the sample was collected (if available) or the instantaneous flow at the time of the sample and either the concentration value actually achieved or the value as determined from the procedures in (1) or (2) above, as appropriate. Grab samples should be collected at a time representative of the discharge.
(b) Mass value for a pollutant collected using a composite sample shall be calculated using the 24-hour totalized flow measured for the day the sample was collected and either the concentration value actually achieved, or the value as determined from the procedures in
(1) or (2) above, as appropriate.
5. The PCA provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $25,000 or by imprisonment for not more than 2 years, or both.
If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment provided by the Clean Water Act is also by imprisonment of not more than 4 years.
Part V
Part V. STANDARD PERMIT CONDITIONS
A. Duty to Comply
The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the Clean Water Act and the Pollution Control Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.
The Department's approval of wastewater facility Plans and Specifications does not relieve the permittee of responsibility to meet permit limits.
1. a. The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement.
b. It is the responsibility of the permittee to have a treatment facility that will meet the final effluent limitations of this permit. The approval of plans and specifications by the Department does not relieve the permittee of responsibility for compliance.
2. Failure to comply with permit conditions or the provisions of this permit may subject the permittee to civil penalties under S.C. Code Section 48-1-330 or criminal sanctions under S.C. Code Section 48-1-
320. Sanctions for violations of the Federal Clean Water Act may be imposed in accordance with the provisions of 40 CFR Part 122.41(a)(2) and (3).
3. A person who violates any provision of this permit, a term, condition, or schedule of compliance contained within a valid NPDES permit, or the State law is subject to the actions defined in the State law.
B. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
C. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
D. Proper Operation and Maintenance
1. The permittee shall at all times properly operate and maintain in good working order and operate as efficiently as possible all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the terms and conditions of this permit.
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