Land Applications: No Discharge Permit Frequently Asked Questions

An application submittal package should contain the following information:

1. A transmittal letter outlining the submittal package.
2. Three (3) copies of a PER prepared according to Regulation 61-67, entitled "Standards for Wastewater Facility Construction," if applicable. The consulting engineer's registration stamp must be on each report.
3. The appropriate ND permit application with required supplemental forms (location, sludge, mixing zone, etc.).  
4. Three (3) copies of the report on the method of sludge disposal, if applicable. For more information on this, please see our ND/ND WEB page on Sludge Disposal and Use.
5. Three (3) copies of an 8" x 11" location map.

The application submittal package should be sent to the appropriate Section Manager of the Bureau at the following address:

Bureau of Water
DHEC
2600 Bull Street
Columbia, SC 29201

The Department conducts two completeness screenings on each application. The first screening is strictly administrative. The Department verifies that the following documents have been submitted in a timely manner:  signed ND Application; Location Supplement; Sludge Disposal Supplement; and a Map. The Department notifies the applicant by mail of the results of the administrative completeness screening.

The Department also conducts a cursory technical completeness review. The application package is scrutinized to verify that the applications and forms have been completed accurately. Notification is sent if the application is determined to be technically incomplete.

Upon satisfying both screenings, the application is determined “complete.”

Regulation 61-9.505.46 dictates that an ND permit shall be effective for a fixed term not to exceed 10 years. The Department is diligent in its attempts to issue permits for the 10 year effective term. The “basin approach” has been established whereby the State has been divided into five basins and whereby the ND permits issued for facilities located in a specific basin expire in the same year. The Department may issue a permit with an effective term less than ten years to place the expiration date of that permit in the same year as the other permits in the same basin (i.e. “to put the permit back in basin”).

Regulation 61-9.124.10(a) dictates that the Department give public notice of ND permits when a permit application has been tentatively denied, when a draft permit has been prepared, when a new source determination has been made, and when a hearing has been scheduled.

3 (b.) When is a hearing scheduled?

During the public notice period, the applicant, any affected state or interstate agency, the Regional Administrator or any other interested person or agency may file a petition with the Department for a public hearing. If the Department determines that a petition constitutes significant cause or that there is sufficient public interest, it may schedule a public hearing. Additionally, the Department may hold a public hearing at its discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.

Yes. However, only minor permit modifications as defined by R.61-9.505.63 are not subject to the public notice procedures. For more information, please see our WEB page on ND Permit Modifications.

If the facility has an ND permit, in accordance with Regulation 61-9.122.41(l)(1)(ii), notice of planned changes is required as soon as possible when the increase could result in a change in the nature of or an increase in quantity of pollutants discharged. The permittee should submit a written request for permit modification to the Department including the planned increase amount in terms of the units of the applicable effluent guidelines (e.g. lbs of production for a given subpart of textile guidelines) that will occur in the life of the current ND permit. If a significant increase is expected, the production amounts may be broken down into manageable tiers in the permit.

Please note that if you proceed with a production increase without notification to the Department, you may not be eligible for an increase in pollutant loads in a future ND permit

In accordance with Regulation 61-9.505.45(f)(2), pollutants may be limited in terms of other units in addition to mass. This situation may occur when mass limitations alone are not sufficient to control the discharge, such as when the flow is variable in nature. Also, when guidelines require limitations on mass, existing water quality standards may require additional limitations on concentration to prevent instream violations of water quality. In those cases, mass limits may be calculated using a production basis while concentration limits would be based on the dilution available in the receiving water.

Yes. Since you have made a complete and timely application in accordance with Regulation 61-9.505.6, your permit will continue in effect until the Department reissues it with no appeals pending.

If the chemical make-up of the maintenance chemical is different or the dosage changes from what has been previously permitted, the Department needs to evaluate the potential effect this change might have on the discharge and water quality. The permittee should submit a request for evaluation to the Department that includes the name of the chemical to be used and its Material Safety Data Sheet (MSDS), aquatic toxicity information (should be available from the manufacturer), dosage to be used, and calculations showing the dilution of the chemical through the system. If there is simply a change in brands from one manufacturer to another and the chemical make-up of the maintenance chemical and dosage remain the same, no approval from the Department is needed.

By definition (R.61-9.122.2.(b)), “general permit” means a ND permit issued under section 505.23 authorizing a category of discharges or activities under the Pollution Control Act within a geographical area. At this time there are no General ND Permits issued.

The Department has does not have any ND general permits available at this time. If one is issued in the future the ND general permit will contain the requirements for submission of a Notice of Intent (NOI). 

The Department has does not have any ND general permits available at this time. If one is issued in the future, the ND general permit will contain the eligibility requirements for coverage . 

Except for when a permit is effective on the issue date, DHEC sends out pre-printed DMRs to permittees after the fifteen day time period for filing an appeal has gone by without an appeal.  If an appeal is filed, the pre-printed DMRS are not sent out until after the appeal is resolved. For permits that have the same issue and effective date, the pre-printed DMRs will either be sent with the permit or within a week after the permit was sent. For more information, please see our ND WEB page on Pre-Printed DMRS.

You may request approval to use your own forms by submitting the forms and a letter requesting approval to:

Industrial facilities should send the forms to the attention of Betty Lou Foster. Domestic and municipal facilities should send the forms to the attention of Debbie Mack. For more information, please see our ND WEB page on Pre-Printed DMRS.

The permittee wishing to transfer ownership should notify the Department in writing within 30 days of the proposed transfer. If the details of the transfer are known at that time, the notification should include a copy of a written agreement detailing the transfer of responsibility, coverage, and liability between the parties and stating the specific date for transfer. A new ND application should be submitted by the proposed permittee. Upon completion of the transfer, a letter should be submitted stating the specific date of transfer of responsibility. The Department will not transfer the permit until written notification is received stating that the transfer has officially taken place.

No. For example, this section of the Regulation does not apply when the Department has approved a wastewater treatment lagoon closure which includes draining the lagoon, leaving the sludge in place and disking it into the soil, and filling the lagoon with suitable material. It should be noted that the Department does not approve closure of units with waste in place when the waste has the potential to be a future, continuous source of contaminant discharge to the groundwater.

Land application permits are also known as “no discharge” (ND) permits, in that there is no point source discharge to a surface water of the State. Instead, ND permits authorize the discharge of pollutants from any source directly or indirectly into the ground waters of the State and to the land of the State. Regulation 61-9.503 and .504 set standards for the land application of wastewater sludge. Regulation 61-9.505 sets standards for the land application of wastewater through methods such as spray irrigation, rapid infiltration, percolation basins, and others.

17.  What is the basis of the annual fee that I pay for my ND discharge?

Annual fees are assessed for the current fiscal year. For industrial discharges the fee is based on the actual discharge rates during the previous fiscal year and/or the number of discharge pipes included in the permit during the previous fiscal year as per Regulation 61-30.G(1). For municipal, private utilities, commercial operations, etc. the fee is based on the flow limit in the ND permit and/or the number of discharge pipes included in the permit during the previous fiscal year as per Regulation 61-30.G(1).The Department’s fiscal year is July 1 – June 30. For more information, please visit our WEB page on Land Application Permit Fees.

Bureau of Water . Phone: (803) 898-4300 . Fax: (803) 898-4215 . Contact Us