Regulatory Authority Overview
The S.C. Department of Health and Environmental Control (DHEC's) Bureau of Water (BOW) regulatory authority stems from the Federal Clean Water Act, the South Carolina Pollution Control Act, and the South Carolina Stormwater and Sediment Reduction Act as well as the regulations developed under the authority of these acts, such as Regulation 61-9 Water Pollution Control Permits, Regulation 72-300 Standards for Stormwater Management and Sediment Reduction, and Regulation 61-68 Water Classifications and Standards.
The BOW regulates water that is generated at the site such as stormwater runoff and mine dewatering water. A primary pollutant is dirt that might be carried away from the site. DHEC regulates, for example, the level of suspended solids in water.
DHEC issues National Pollutant Discharge Elimination System (NPDES) permits addressing construction and operational phases. These NPDES permits are both existing general permits that apply to similar operations statewide. The applicant applies for coverage under these existing permits – a registration of sorts. One or both of these permits may be required.
What is the permitting review process?
How does the public provide input/comments?
PUBLIC COMMENT PERIOD : With each of these general permits, DHEC had a public comment period when the permits were issued. The construction NPDES general permit was issued in 2012. The operational NPDES general permit was issued in 2010.
APPEAL PROCESS: See DHEC's Guide to Board Review.
The Permittee has certain monitoring/reporting requirements as well as the responsibility to implement a pollution prevention plan (e.g., having silt fences and other best management practices).
DHEC field staff will periodically visit the site and address operational concerns that are brought to their attention.
(Note: Additional permits/notifications may be submitted.)