Detailed Permit Process

  1. Introduction
  2. Application Submittal & Review Phase
    1. Application Submittal Package
    2. Administrative Processing
    3. Effluent Limitations Guidelines
    4. Wasteload Allocations or Total Maximum Daily Loads
    5. Antidegradation Considerations
    6. Coordination with other DHEC Programs and other Entities
    7. PER Approvals and Extensions, if applicable.
  3. Draft NPDES Permit Issuance Phase
    1. Draft Permit
    2. Coordination with Other Entities
    3. Public Notice of Intent to Issue
    4. Review of Comments and Public Hearing
    5. Staff's Final Determination
    6. Appeal of Staff's Final Determination
    7. Appeal of Board's Final Decision
I. Introduction.

For surface water discharges from wastewater treatment systems, a preliminary engineering report (PER) and an NPDES permit application must be submitted to the Bureau of Water. For other discharges that do not involve a wastewater treatment facility, a detailed PER does not have to be submitted.  In these cases, a brief report or letter explaining the NPDES application may be submitted with the NPDES Permit Application.

There is no application fee for a PER and NPDES permit application. However, there are NPDES permit annual operating fees. The first year's fee must be paid with no proration before the NPDES  permit can be issued.  For more information on NPDES Permit fees, please visit our NPDES WEB page on Fees.

II. Application Submittal & Review Phase

a. Application Submittal Package.

A complete administrative package must be submitted. The submittal package must include 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 NPDES permit application with required supplemental forms (location, sludge, mixing zone, etc.).  Please see our NPDES WEB page on Applications and Forms for the applications and the supplemental forms.
  4. Three (3) copies of the report on the method of sludge disposal, if applicable.  For more information on this, please see our WEB page on the Sludge Program.
  5. Three (3) copies of an 8 ½" 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

An incomplete submittal may be returned.  Therefore, please ensure the submittal package contains the correct number of copies of each item.  Also, ensure the appropriate NPDES permit application is completely filled out and signed by the appropriate person.  We recommend a preliminary conference with a member of the appropriate Section if there are any questions about the application process.

b.   Administrative Processing

Upon receipt of an NPDES application package, the project will normally be assigned to a member of the Section handling the project within a week of receipt.  An acknowledgment letter will normally be sent to the consulting engineer.  If the application has been assigned, this letter will contain the name and telephone number of the project manager and an estimated review time.  If the application has not been assigned, the letter may give an estimated time for assignment and review.

c.  Effluent Limitations Guidelines

For certain categories of industries, the EPA has developed effluent limitations that give the maximum allowed loading for parameters of concern for the industry based upon its production.  These limitations or allowed loadings are contained in the Effluent Limitations Guidelines promulgated by the EPA as federal regulations for most categories of industries.  These limitations are equivalent to secondary treatment limitations for that category of industry.  The NPDES application requires the applicant to determine if Effluent Limitations Guidelines are applicable to their facility.  The Bureau will review the applicant's determination on whether or not an Effluent Limitation Guideline exists for the category of industry being proposed.

For a discharge subject to an Effluent Limitation Guideline, the effluent limitations will first be established using the EPA standards.  Then, a wasteload allocation will be established using the procedure in the following paragraphs.  The final effluent limitations will be based on the more stringent of the wasteload allocation limits or the Effluent Limitation Guideline limits.

d.  Wasteload Allocations or Total Maximum Daily Loads

For surface water discharges, the Bureau will establish a wasteload allocation for the receiving stream.  Two regulations will be used in this procedure.  Regulation 61-69, entitled "Classified Waters," lists the classification of those streams classified by name.  For a stream not classified by name, Regulation 61-68, entitled "Water Classifications and Standards," establishes the stream classification.  Section C, paragraph 5 of this regulation states the following:  "Where surface waters are not classified by name in "Classified Waters," (Regulation 61-69), the use classification and numeric standards of the stream to which they are tributary apply, disregarding any site-specific numeric standards for that waterbody."  Regulation 61-68 also gives the narrative and numeric standards for all waters of the state.

Most surface water discharges must provide a minimum degree of treatment.  For industries subject to a federal Effluent Limitation Guideline, the guideline will provide the minimum degree of treatment.  For domestic wastewater, the minimum degree of treatment will be secondary treatment as defined by the EPA.  Secondary limits for domestic wastewater on a monthly average are as follows:

If the secondary limits or the limits based on Effluent Limitation Guidelines do not meet stream standards, more stringent limitations will be established to protect the water quality of the receiving stream.

The wasteload allocation procedure for oxygen demanding substances normally uses a computerized mathematical model of the receiving stream.  This model simulates the effect of the discharge on the dissolved oxygen (DO) in the stream.  Numerical effluent limits for five day BOD, ammonia, DO, total residual chlorine (TRC), etc. will be established.

For conservative parameters, such as metals, that cause, or have the reasonable potential to cause, or contribute to a violation of water quality standards, effluent limitations for the parameter will normally be established using a simple mass balance approach to ensure water quality standards will not be violated.  These limits must protect the water quality standards of the stream as given in Regulation 61-68.  Also, the Bureau publication, entitled "Toxics Control Strategy, An Implementation Plan for Water Quality Protection Under R.61-68 and R.61-9," will be used to establish the NPDES permit requirements on whole effluent toxicity and toxic compounds.

For impaired waterbodies, the Department is required to develop a total maximum daily load (TMDL) for the pollutant(s) causing the impairment.  A TMDL has two components: the wasteload allocation (point source load), and the non-point source allocation (also called the load allocation).  When a TMDL has been developed for a waterbody, permit limits for discharges to that waterbody will be based on the wasteload allocation portion of the TMDL. If a waterbody is impaired but a TMDL has not been finalized, permit limits will be developed such that there is no net increase in loading of the pollutants that caused the impairment.

Water quality data from the Bureau's surface water monitoring stations will be used, when available, in deriving effluent limits.  At times more data or a detailed study will be needed to evaluate the proposed discharge.  The Bureau will perform or require the permittee to perform whatever sampling or study is necessary to evaluate the proposed discharge.

For discharges to ditches or wet weather streams, the Bureau publication entitled "Guidelines on the Acceptance Policy Governing Wastewater Discharges to Dry and Wet Weather Streams, and Dry Ditches" will be used in the review of the application.  In general, a discharge to a wet weather stream or a ditch will not be viewed favorably.

In some discharge situations, a receiving stream's assimilative capacity must be allocated among discharges.  For the designated 208 Planning areas of the State, the responsible Council of Government (COG) will divide the allowed loading according to their procedures.  For the non-designated areas of the State, the Bureau divides the allowed loading using a procedure for allocation of assimilative capacity which has been adopted in the State's 208 Plan for the Non-Designated Areas.  Please visit our NPDES WEB page on Allocation of Stream Assimilative Capacity for this procedure.

e.  Antidegradation Considerations

In accordance with Regulation 61-68, entitled "Water Classifications and Standards," proposed or expanding discharges to "high quality" surface waters can only be permitted if the Department finds, after intergovernmental coordination and public participation, that allowing lower water quality is necessary to important economic or social development in the areas where the waters are located.  "High Quality" waters are those waters whose quality exceeds levels necessary to support propagation of fish, shellfish, and wildlife, and recreation in and on the water.  Therefore, on all new or expanding discharges, the Department will conduct an antidegradation review to determine whether or not the discharge can be allowed.

f. Coordination with other DHEC Programs and other Entities

Other DHEC staff (outside of permitting) may be involved in the project review depending on the scope of the project.  Examples of programs areas include:

For existing discharges, a review of the Bureau's files and, when applicable, the operating history of the facility will be conducted.  This will be to see if any problems exist or if enforcement action has been or will be taken that will prevent the issuance of  the permit.  For new discharges, the Bureau may request the permit applicant to provide a compliance history on other similar permits issued to them by other States or the EPA.  A history of violations of an existing NPDES permit may result in a disapproval of a the permit for an expansion.  The preliminary decision will be made based on the severity of the problems.

For facilities in the coastal zone, the PER review will be coordinated with DHEC's Office of Ocean and Coastal Resource Management (OCRM).  An information form on the project will be sent to OCRM.  They will decide whether the project is in compliance with the Coastal Zone Management Plan.  If they need any additional information on the project, they will request it directly from the consulting engineer.

The application review will be coordinated with the appropriate Council of Government (COG).  An information form on the project will be sent to the COG. They will decide whether the project is in compliance with the approved Water Quality Management Plan (208 Plan).  If they need any additional information on the project, they will request it directly from the consulting engineer.  Some COGs charge the permit applicant a fee for this certification.  The Bureau will normally require COG certification before proceeding with the application process.

g.  PER Approvals and Extensions, if applicable.

Upon receipt of all comments and the completion of the PER review, a decision will be made.  A letter of approval or disapproval will be sent to the consulting engineer and/or the permit applicant.  All approvals will be conditional upon the public notice requirements of the NPDES permit.  PER approvals will normally be valid for one hundred eighty (180) days.  Also, approval of a PER is not a commitment by the Bureau to issue an NPDES permit.

If an approval expires or is within thirty (30) days from expiring, the consulting engineer can make a written request to the project manager to extend the approval.  Extensions will be granted after a reevaluation of the proposed project shows the proposal is still acceptable.

III. Draft Permit Issuance Phase

a.  Draft Permit

After satisfactory review of the application package and, when required, approval of a PER, the NPDES permit will be drafted by the Bureau project manager. The draft permit will contain the proposed effluent limitations, monitoring requirements, reporting requirements, and other obligations of the permittee.  The draft permit will be processed according to SC Regulation 61-9, entitled "Water Pollution Control Permits." For more information, please visit our NPDES WEB page on Drafting Permits.

b.  Coordination with Other Entities

The draft permit will be sent to the permittee and the appropriate Regional Office of EQC.  They will be given twenty (20) days to comment on the draft permit.   Also, major NPDES permits (as defined by the EPA) will be sent to the EPA for comments.  They will be given thirty (30) days to comment on the draft permit.  The comments will be reviewed and the draft permit will be modified, if necessary.

c.  Public Notice of Intent to Issue

The Bureau will then place the draft permit with an intent to issue statement on public notice for thirty (30) days.  For new or expanding discharges and the modification or renewal of major NPDES permits, the public notice will appear in a newspaper of general circulation in the area of the project. Also, four (4) signs will be posted in the area surrounding the discharge point or wastewater treatment facility site.  For modifications and renewals of minor NPDES permits, the public notice will be posted in the County Court House of the county where the facility is located and the post office and town hall of the town nearest to the discharge.  Also, for all NPDES permits, the Bureau will mail a copy of the public notice to persons on the Bureau's NPDES/ND Mailing Lists.  The public notice will request interested citizens, groups, etc. to send their comments on the draft permit to the Bureau.  The public notice with the intent to issue statement is not a commitment by the Bureau to issue a permit.

d.  Review of Comments and Public Hearing

After the public notice period, the Bureau will review the comments received.  If the Bureau does not receive comments, the Bureau staff will review the project file and decide to issue or deny the draft permit.  If the Bureau receives comments and they show significant cause or sufficient public interest, a public hearing will be held.

A public notice announcing the public hearing will be published in a newspaper of general circulation in the area of the discharge.  Also, everyone who sent a comment to the Bureau will receive a copy of the public notice on the hearing.  The public notice on the hearing will give at least a thirty (30) day notice on the date of the hearing.  It also will contain the time and place of the hearing.  Normally, the public hearing will be held in the evening in the general area of the proposed project.

At the public hearing, the Bureau will present the draft permit and the preliminary decision.  The permittee will be given the opportunity to make a brief oral presentation.  The public will then have the opportunity to make comments.  A court reporter will record the hearing and provide the Bureau a copy of the hearing transcript.  This transcript will be available for review by the public.

e.  Staff's Final Determination

Bureau staff will review the project file, the hearing record (if a hearing was held), and any other documents or information necessary to make a final determination.  Based on this review, a final determination will be made by Bureau staff to:

If there are significant changes to the permit, the staff's final determination may be published in the same newspaper used for the previous public notices.  Everyone who attended the hearing or sent written comments to the Bureau will receive a copy of the final determination.

The final determination will contain the Bureau staff's decision on the permit, the issue date, and effective date. If the final proposed permit is different from the draft permit, the final determination will list the changes in the permit.  The final determination also will contain a summary of the administrative appeal procedures if any party wants to appeal the Bureau staff's decision. The permit will be effective on the date given in the final determination if an appeal is not received within fifteen (15) days of the final determination.  If an appeal is filed, the proposed permit or permit modification is automatically stayed pending further administrative review.  If no comments were received that requested a change in the permit conditions, the permit may be effective on the date of issue.

f.  Appeal of Staff's Final Determination

An appeal of the staff decision must be made within fifteen (15) days of the notice of final determination.  The South Carolina Administrative Procedures Act (APA) will govern all permit appeals.

SC Regulation 61-72, entitled "Procedures for Contested Cases," and the Operating Procedures of the Administrative Law Judge Division establish the procedures for all appeals and specify the contents of an appeal.  Appeals must be sent to:

Clerk of the Board
Department of Health and Environmental Control
2600 Bull Street
Columbia, SC, 29201

Upon receipt of an appeal, the appeal will be forwarded to the State's Administrative Law Judge Division, where an Administrative Law Judge (ALJ) will be appointed to hear the case.  The permit action is automatically stayed until either the conclusion of the administrative appeal process or an ALJ decision allows the stay to be lifted.   Testimony and evidence will be presented to the ALJ in a formal hearing.  A court reporter will record the proceedings and provide a transcript to the attorneys for each party for a fee, if requested.

After the hearing, the ALJ will issue a written ruling on the matter.  Any party can file an appeal of the ALJ's ruling to the DHEC Board.  This appeal must be filed within thirty days of the ALJ's decision.  If no appeal of the ALJ's ruling is made to the DHEC Board, the ALJ's ruling is final.  If an appeal is filed with the DHEC Board to review the ALJ's ruling, the Board will make the final agency decision on the proposed permit at a regularly scheduled monthly meeting.  All participants in the administrative hearing may present brief written or oral arguments to the Board.  The Board may accept, modify, or reject the ruling of the ALJ.  If the automatic stay of staff's permit decision is still in effect, the stay is lifted when the Board makes their decision.

g.  Appeal of Board's Final Decision

After the Board's final decision, any party adversely affected by the decision has thirty (30) days to appeal the agency's final decision to Circuit Court.  The Administrative Procedures Act (APA) governs the appeal process.  If an appeal is not filed in Circuit Court, the Board's decision will determine the final status of the proposed permit.  If an appeal is filed, then the Court's decision will determine the final status of the proposed permit.  Any party appealing the Board's decision can request the Court to grant a stay on the permit decision until the conclusion the appeal process.

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