S.C. Code Regs. § § 61-67.67.100

Current through Register Vol. 48, No. 11, November 22, 2024

Section 61-67.67.100 - General Provisions

A. Purpose. This regulation establishes standards, for general and technical design requirements, for use by the Department in reviewing Engineering Reports, establishing Reliability Classifications and issuing State Construction Permits or other approval actions as outlined in the regulation.

B. Applicability. This regulation applies to engineering design and construction of all wastewater treatment facilities and all wastewater collection and transmission facilities which require a construction permit or approval from the Department. The Department may approve temporary research and development and other wastewater treatment projects without requiring an engineering report or construction permit when such activity is considered by the Department to be minor in nature.

C. Exclusions. The following exclusions shall apply:

1. Wastewater collection systems approved by permits issued under Regulation 61-56;

2. Replacement of a component (same or similar), as long as there is no change in capacity;

3. Routine maintenance;

4. The construction of buildings; or

5. Service lines as defined in subsection67.100.D.

D. General Definitions. All other definitions have the meaning given by the Pollution Control Act.

"208 Water Quality Management Plan" (208 Plan) means a Statewide and regional plan developed pursuant to Section208 of the Federal Clean Water Act.

"208 Water Quality Management Plan Entity" means the government organization responsible for certifying if projects are consistent with 208 Water Quality Management Plans.

"7Q10" as defined in Regulation 61-68.

"Actual Flow" means a long term average of effluent flow as reported by Discharge Monitoring Reports.

"Alternative Collection System" means a system designed to collect wastewater from individual sources utilizing solids interceptor tank effluent systems (gravity or pressure), and grinder systems. This definition includes vacuum sewer systems. An exception is where a system such as a grinder pumping system, which serves one building or residence, meets the definition of a service connection (e.g., force main connecting to a gravity sewer).

"Alternative Sewer Management Plan" means a plan, approved by the Department, that allows entities to authorize individual connections to an alternative sewer collection system (using force main sewers) by an entity participating in the Delegated Review Program.

"Auxiliary Power" means provisions to provide backup electrical and/or mechanical power.

"BOD" means Biochemical Oxygen Demand.

"COD" means Chemical Oxygen Demand.

"CWA" means the Federal 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, and all amendments thereto, codified at 33 U.S.C. 1251 et seq., and any subsequent amendments. Specific references to sections within the CWA shall be according to Pub. L. 92-500 section.

"Collection System" means a pipeline system designed to receive wastewater or treated effluent directly from individual sources.

"Construction Permit" means a State permit authorizing construction of wastewater facilities including, but not limited to, wastewater treatment systems, interceptors, and collection systems.

"Delegated Review Program" means a Department program by which the technical review for the construction of sewer systems is delegated to local entities.

"Department" means the South Carolina Department of Health and Environmental Control.

"Discharge Monitoring Report" (DMR) means the Environmental Protection Agency (EPA) uniform national form, including any subsequent additions, revisions, or modifications for the reporting of self monitoring results by permittees, and modified to substitute the State Agency name, logo, and other similar information, as appropriate, in place of EPA's.

"EPA" means the United States Environmental Protection Agency.

"Effluent Disposal Permit" means an NPDES or Land Application Permit.

"Force Main Sewer" means a pipeline carrying wastewater or treated effluent in which the flow in the pipeline is dependent on and driven by a pump station.

"GPD" means gallons per day.

"GPM" means gallons per minute.

"General Construction Permit" means a permit issued pursuant to Appendix B of this regulation.

"General Permit" means a State permit or National Pollutant Discharge Elimination System (NPDES) permit issued under Regulation Regulation 61-9.122.28 authorizing a category of discharges or activities under the Pollution Control Act (PCA) and CWA within a geographical area.

"Gravity Sewer" means a pipeline carrying wastewater or treated effluent which flows exclusively under the influence of gravity (i.e., no pump station).

"Interceptor Sewer" means a pipeline system designed to transport wastewater or treated effluent from one location to another. Interceptor sewers can flow under pressure (i.e., force main) or by gravity.

"Interceptor Tanks" means tanks and other devices designed to remove solids from raw wastewater prior to discharging to an alternative collection system.

"L.F." means linear feet.

"Land Application Permit" means a permit issued by the Department to a discharger for all land application disposal systems.

"Main Sewer" means the sanitary sewer system beginning at the point where two (2) or more individual service lines connect together, except as otherwise defined as a service connection and except as noted in R.61-67.300.A.4.

"Major Sources of Waste" means those wastes that may have or tend to have a potentially adverse effect on wastewater treatment facility design and operation and water quality (e.g., textile dyeing, finishing, metal plating, and slaughter house waste). This includes waste identified as a "Significant Industrial User" under Regulation 61-9.403.2(n).

"mg/l" means milligrams per liter.

"MGD" means million gallons per day.

"NPDES" means National Pollutant Discharge Elimination System.

"NPDES Permit" means a permit issued by the Department to a discharger pursuant to regulations adopted by the Department's Board for all point source discharges into surface waters, and shall constitute a final determination of the Board.

"Navigable Waters" as defined in Regulation Regulation 19-450, Permits for Construction in Navigable Waters. Navigability is determined by the Department.

"Notice of Intent (NOI)" means a form used by potential permittees to notify the Department, within a specified time that they intend to comply with the general permit, or that they do not desire to be covered by the general permit and desire an individual construction permit.

"OSHA" means the Occupational Safety and Health Administration.

"Permitted Flow" means the value equivalent to the sum of flows as computed for the purpose of issuing construction permits for sewer lines or other connections to the systems.

"PCA" means the South Carolina Pollution Control Act, S.C. Code Ann. Section 48-1-10 et seq. (1987), and any subsequent amendments.

"Pretreatment Facility" means a facility which provides reduction of the amount of pollutants, elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works (POTW) or other treatment system not owned by the facility.

"Primary Source Water Protection Area" means the surface-water flow system and drainage area upstream of an existing or proposed public water system intake, delineated by the Department as the in-stream twenty four (24) hour time of travel distance for the ten (10) percent exceedance flow (i.e., primary source water protection area).

"Private Entity" means any private corporation, association, partnership, corporation, industry, copartnership, firm, trust, estate, any other legal entity whatsoever, or an agent or employee thereof.

"Public Entity" means organizations such as a city, town, county, municipality, or special purpose sewer district.

"POTW" means a publicly owned treatment works.

"Pump and Haul" means an operation whereby process wastewater as defined in Regulation Regulation 61-9.122.2 or domestic wastewater is collected and stored in Department approved facilities and then hauled by tanker truck or other vehicle to an off-site receiving facility such as a POTW. Pump and haul in this context does not apply to management of spills.

"Receiving Waters" means waters of the State.

"Service Connection" means an individual gravity sewer line, or an individual pump station and force main, with domestic or industrial wastewater connecting to a gravity sewer system. Oil/Water Separators, pH Adjustment Systems, and other similar simple industrial wastewater treatment systems (as determined by the Department) will be considered a component of the service connection when a local pretreatment permit is not required. Piping associated with a service connection shall not require a construction permit if the following conditions are met:

a. Individual connections, at the time of connection, have design flow contribution no greater than five (5) percent of the existing wastewater treatment facility's design capacity or have no generated flows greater than fifty thousand (50,000) gallons per day;

b. Individual connections are to a gravity sewer main;

c. Individual connections only serving a single house, single mobile home, single building, or multiple-building complex under single ownership with no rental units (e.g., schools or industry);

d. Individual connections are not serving a shopping mall, multiple-building complex where there will be several owners or renters (e.g., apartment complex, condominium complex, mobile home park, campground, industrial park, or business park), or marina; and

e. Individual connections that do not have the reasonable ability to serve any additional projects and/or buildings in the future that are not part of a multiple-building complex under single ownership with no rental units (e.g., schools or industry).

d. Sewer lines that have the reasonable ability to serve any additional projects and/or buildings in the future.

"Sewers" means a gravity sewer line, vacuum sewers or a force main.

"State" means the State of South Carolina.

"TOC" means Total Organic Carbon.

"USGS" means the United States Geological Survey.

"Vacuum Sewers" means an alternative collection system designed to operate under the influence of a vacuum pumping station.

"Wastewater Facilities" means main sewers, wastewater collection systems, pump stations and force mains, wastewater treatment facilities and components.

"Wastewater Treatment Facility" means a system of structures, equipment and related appurtenances designed to treat, store, or manage wastewater. Wastewater treatment facility shall include pretreatment facilities and wastewater recycling facilities, which are not part of an industrial manufacturing process.

"Water Supply Intake Area" means that portion of the primary source water protection area representing the twenty four (24) hour time of travel distance for the ninety (90) percent exceedance flow.

E. General Requirements.

1. Under Section 48-1-30 of the Code of Laws of South Carolina (1976 as amended), the Department is authorized to adopt such rules and regulations as may be necessary to implement the PCA.

2. The information submitted in compliance with this regulation shall be prepared by or under the direct supervision of a person properly qualified to perform engineering work as provided in Title 40 of the 1976 Code of Laws of the State, as amended, Chapter 22, Engineers and Land Surveyors. The Engineering Report and/or construction permit application shall be submitted to the Department, and shall be stamped and signed by a professional engineer as defined by the above named Act. The construction permit application shall also be signed by the owner of the proposed project. A status report addressing the stage of review may be made to the professional engineer upon request.

3. The Department may develop criteria for evaluating those entities applying for coverage under the Department's Delegated Review Program.

4. Construction Permit Submittal. The construction permit application shall include the following documentation, where applicable, in order to be considered a complete submittal. Incomplete submittal packages may be returned without processing. The application package may be returned if the determination is made that it conflicts with the applicable 208 Water Quality Management Plan.

a. Standard Submittal. Includes all projects that fall outside the scope of the Delegated Review Program. A separate application shall be made for each wastewater treatment plant addressed.

(1) A transmittal letter outlining the submittal package;

(2) A completed application form for a permit to construct, completed in entirety, including one (1) original and one (1) copy;

(3) Appropriate application fee based on Regulation Regulation 61-30, Environmental Protection Fees;

(4) Three (3) copies of detailed plans signed and sealed by a professional engineer as stated in subsection 67.100.E.2. General layout on plan sheets no larger than thirty (30) inches by forty-two (42) inches. Profiles of sewer lines required for all gravity sewers, all vacuum sewers and force mains of four (4) inches or greater;

(5) One (1) set of material and construction specifications signed and sealed by a professional engineer as stated in subsection 67.100.E.2. Specifications may be omitted when Department approved standard specifications are to be utilized;

(6) One (1) set of the appropriate design data and calculations, including flow and pump station calculations and pump curve, when appropriate;

(7) Three (3) copies of a detailed 8.5 inch by 11 inch location map, separate from the plans;

(8) Two (2) copies of construction easements unless the project owner has the right of eminent domain;

(9) If the owner of the project is different from the entity that will be accepting the wastewater for treatment, a letter of acceptance (dated within twelve (12) months of application) from that entity stating their willingness and ability to provide the wastewater treatment that, when applicable, includes the specific number of lots and flow being accepted; and

(10) If the owner of the project is different from the entity that will be responsible for operating and maintaining the project, a letter (dated within twelve (12) months of application) from that entity acknowledging such responsibility.

b. Delegated Review Program (DRP) Submittal. Includes only those applicable projects submitted to the Department for permitting by a Department approved DRP entity.

(1) A transmittal letter outlining the submittal package. This transmittal shall clearly identify the project as a delegated program submittal;

(2) A completed application form for a permit to construct, completed in entirety, including one (1) original and one (1) copy;

(3) Appropriate application fee based on Regulation Regulation 61-30, Environmental Protection Fees;

(4) Two (2) copies of detailed plans signed and sealed by a professional engineer as stated in subsection 67.100.E.2. General layout on plan sheets no larger than thirty (30) inches by forty-two (42) inches. Profiles of sewer lines required for all gravity sewers, all vacuum sewers and force mains of four (4) inches or greater;

(5) One (1) copy of the appropriate design data and calculations, including flow and pump station calculations and pump curve, when appropriate;

(6) One (1) copy of a detailed 8.5 inch by 11 inch location map, separate from the plans;

(7) Two (2) copies of construction easements unless the project owner has the right of eminent domain;

(8) If the owner of the project is different from the entity that will be accepting the wastewater for treatment, a letter of acceptance (dated within twelve (12) months of application) from that entity stating their willingness and ability to provide the wastewater treatment that, when applicable, includes the specific number of lots and flow being accepted;

(9) If the owner of the project is different from the entity that will be responsible for operating and maintaining the project, a letter (dated within twelve (12) months of application) from that entity acknowledging such responsibility;

(10) The 208 Plan certification from the appropriate Council of Governments (COG) for designated 208 areas, or from the Department on the non-designated 208 areas;

(11) Coastal Zone Management Consistency (for projects in Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper county);

(12) The Department's permit for placement in navigable waters, where applicable; and

(13) The delegated entity shall indicate that a copy of the final approved plans are being returned to the appropriate design engineer.

5. Review Process. Department staff will review the application package to determine compliance with the provisions of this regulation. In the case of a project submitted under the Delegated Review Program, the Department may elect to forego a technical review. The Department's review will include, where applicable, consultation with other Department programs (e.g., enforcement, coastal resources, district services). In either case, the Department will request additional information, if necessary, to make a final determination on the permit application. The applicant will be notified in writing of the final permit decision (i.e., issue the permit, deny the permit or issue the permit with conditions).

6. [Reserved]

7. Approval to Place in Operation. Newly-constructed facilities shall not be placed into operation until an approval to place in operation is issued by the Department. Upon completion of the permitted construction, the applicable professional engineer shall submit to the Department the following:

a. A letter certifying that construction is complete and in accordance with the approved plans and specifications. This letter shall specifically identify the project by permit number;

b. Other submission requirements include, but may not be limited to, information to confirm ownership, operation and maintenance of the project, documentation of sewer leakage and pump tests, along with information concerning the treatment plant operator (where applicable); Stamped, record drawings by the engineer of record; and

c. If the project was not completed in accordance with the approved plans and specifications, the professional engineer shall so state and shall outline any deviations to the permitted project. Failure to obtain an approval to place in operation is a violation of the South Carolina Pollution Control Act and is subject to enforcement action by the Department. Where a person has failed to obtain a permit to construct, an application for permit to construct shall be submitted to include record drawings carrying the seal and signature of a professional engineer.

d. After review of this information provided by the applicable professional engineer, the Department may perform an inspection prior to finalizing its review of the request for an approval to place in operation.

8. 208 Water Quality Management Plan.

a. All engineering reports and construction permit applications shall be reviewed to determine if they conflict with the applicable 208 Water Quality Management Plan, except those projects or activities identified in subsection67.100.E.8.b below. Engineering reports shall not be approved, and construction permits shall not be issued if it is determined that they conflict with the 208 Water Quality Management Plan.

b. The following project types do not have to be reviewed to determine if they conflict with the applicable 208 Water Quality Management Plan prior to engineering report approval, issuance of a construction permit, or other approval:

(1) Modifications to wastewater treatment facilities that do not result in increased capacity;

(2) Groundwater remediation projects;

(3) Construction permits within the scope of a previously approved engineering report, which has not expired;

(4) Industrial wastewater facilities, including collection and treatment systems, when 208 plan consistency has been previously determined; or

(5) Relocation of existing sewer lines where the downstream facilities (e.g., the wastewater treatment facility receiving the wastewater) would remain the same.

c. No provisions above shall restrict wastewater treatment facilities from being eliminated in a timely fashion in accordance with the requirements of a 208 Water Quality Management Plan.

2004 Act No. 202, Section3, provides as follows:

"Wherever the term "Administrative Law Judge Division" appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act."

S.C. Code Regs. § 61-67.67.100

Amended by State Register Volume 39, Issue No. 06, eff. 6/26/2015.