Land Application: Drafting Permits
Overview | Permit Drafting Considerations
Overview
Before a permit can be drafted, the permit writer must have a complete knowledge of the regulations that apply to the specific permit application. SC Regulation R.61-9, Water Pollution Control Permits, and SC Regulation R.61-68, Water Classifications and Standards, both pertain to all ND permits.
No one permit writer can stay familiar with every document that must be considered for a particular permit application. Therefore, for even the most experienced permit writer, time is needed to research the appropriate regulations and background information, as they relate to the application. This enables the permit writer to draft a proper permit.
Further, the permit writer must be very familiar with an applicant's operation. This includes, but is not limited to, the wastewater treatment facilities, the manufacturing facilities and practices, and the chemicals used or produced. Extensive knowledge on the land application is needed by the Bureau in order to assess the potential impact of the discharge on the water quality of the ground water. Proposed effluent limits are developed based on this information.
The applicant is usually given an opportunity to provide input to their final draft permit prior to the public notice period. Normally, this involves thirty to ninety days depending upon the specific permit. Applicant comments are reviewed and properly addressed before the permit is issued. This helps to avoid unnecessary appeals.
A listing of the items and/or issues that a permit writer must consider in the permit drafting process is given below. While this list is comprehensive, there may be other issues that must be considered that are not given here. Also, this listing does not give the details on how an item must be addressed or considered when drafting an ND permit. Rather, it only gives a "laundry list" of the major items that must be considered when preparing a draft ND permit.
Permit Drafting Considerations
- Administrative and technical review of application
- Site visit to the facility by permit writer, when necessary
- Geohydrological evaluation of each land application site
- Establish effluent limitations and/or sludge/septage limitations for each
application site
- Review existing data
- Effluent, Sludge, or Septage data
- Discharge monitoring reports (permittee's sampling data)
- Compliance monitoring reports (Bureau's sampling data)
- Inspection reports
- Ground water quality sampling data
- Effluent, Sludge, or Septage data
- Review Bureau prepared Water Quality Reports, Publications, and Other Information,
as appropriate, as follows:
- Watershed Implementation Strategy
- Special studies or reports
- 303(d) List and other similar lists
- Enforcement actions (previous and active)
- Previous permit (for renewals)
- Previous permit appeals (for renewals)
- Similar ND permits
- Establish proposed limits, as appropriate, for:
- Conventional Pollutants - Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), Fecal Coliform, Oil and Grease, and pH;
- Non Conventional Pollutants - phosphorus, nitrogen, Chemical Oxygen Demand (COD), and Total Organic Carbon; and
- Toxic Pollutants.
- Establish final effluent limitations or sludge/septage limitations using the above information.
- For permit renewals:
- determine if interim limits are justified.
- If so, develop interim limits and a schedule of compliance.
- Develop ND Permit Rationale. An explanation for why each parameter is or is not limited in the permit and, if limited, the basis for the limitation.
- Review existing data
- Develop other Permit Conditions, as appropriate, such as:
- For effluent permits, sludge disposal requirements
- Operator requirements
- Ground water monitoring requirements
- Best Management Plan requirements
- Pretreatment Program requirements for POTWs
- Other requirements such as:
- Water quality studies
- Reopener clauses
- Instream biological monitoring (including benthic studies)
- Special studies
- Establish issuance date, effective date, and expiration date (consider Watershed Program)
- When developing draft permits, coordinate with other programs, as appropriate:
- Bureau of Water Programs
- Geohydrological Section
- Watershed Management Program
- Drinking Water Program (Source Water Protection Areas and Well Head Protection Areas)
- Shellfish Program
- Water Quality Management Plans (208 Plans) - Bureau of Water or Council of Governments
- Enforcement Program
- DHEC's Bureau of Land and Waste Management Mining Program for mine facilities
- DHEC's Office of Ocean and Coastal Resource Management for facilities in the coastal zone.
- Bureau of Water Programs
- After a draft permit is prepared, the permit is sent to the applicant for comments. Based on these comments, the draft permit limitations/requirements may be modified, as appropriate. The draft permit is then placed on public notice for public comments. Based on comments from the public, the draft permit limitations/requirements may be modified, as appropriate. The proposed permit is then issued.
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