NPDES Frequently Asked Questions

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  1. How do I get an NPDES permit for an industrial discharge?

  2. When is an NPDES application determined "complete"?

  3. What determines the length of time for which an NPDES permit is issued?

  4. (a.) When does the Department give public notice of an NPDES permit?

    (b.) When is a hearing scheduled?

  5. Is it possible to modify a permit without giving public notice?

  6. We have an NPDES permit and are looking at increasing our production. When do we notify DHEC?

  7. Why does DHEC put concentration limits in our NPDES permit when the categorical effluent guidelines for our industry only require mass limits?

  8. We reapplied for our NPDES permit within 180 days before the expiration date. Our permit has now expired and DHEC has not reissued our permit. Can we still discharge?

  9. Our NPDES permits limits are stringent since we discharge to a small stream. We are having difficulty meeting the limits. Can we augment the receiving stream's flow by adding a discharge from a well and then get less stringent limits based on the augmented stream flow?

  10. We have an NPDES permit that includes a discharge of cooling water. We want to change the maintenance chemical we use in our cooling tower. Do we need DHEC's approval prior to using the new chemical?

  11. What is a general permit?

  12. How do we obtain coverage under a general permit and when is it effective?

  13. I have an individual NPDES permit, but I think I might qualify for coverage under a General Permit. What do I need to do?

  14. I just received my NPDES permit, but did not get any Discharge Monitoring Report (DMR) forms. When will DHEC send me blank DMRs for use in reporting.

  15. How do we get approval to pre-print our own discharge monitoring reports (DMRs)?

  16. What is required to change ownership or control of a NPDES (or ND) Permit?

  17. Do the standards detailed in Regulation 61-9.504 apply to industrial sludge that is allowed to remain in a closed wastewater treatment facility when the facility is closed in accordance an approved closure plan per Regulation 61-82?

  18. What is a land application permit?

  19. What is the basis of the annual fee that I pay for my NPDES discharge?

How do I get an NPDES permit for an industrial discharge?

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 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 NPDES/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

When is an NPDES application determined "complete"?

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: a signed Form 1 that includes a SIC Code; Forms 2A, 2B, 2C, 2D, 2E, 2F (whichever is appropriate); Location Supplement; Sludge Disposal Supplement; Anti-Degradation Study if new or expanding; 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.”

What determines the length of time for which an NPDES permit is issued?

Regulation 61-9.122.46 dictates that an NPDES permit shall be effective for a fixed term not to exceed 5 years. The Department is diligent in its attempts to issue permits for the 5 year effective term. The “basin approach” has been established whereby the State has been divided into five basins and whereby the NPDES 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 five 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”).

(a.) When does the Department give public notice of an NPDES permit?

Regulation 61-9.124.10(a) dictates that the Department give public notice of NPDES 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.

(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.

Is it possible to modify a permit without giving public notice?

Only minor modifications to permits are not subject to the public notice procedures. For NPDES and sludge management permits, minor modifications, per R.61-9.122.63, may only correct typographical errors; require more frequent monitoring and reporting; change an interim compliance date, with conditions; change ownership, with conditions; change the construction schedule for a new source, with conditions; and incorporate conditions of a POTW pretreatment program that has been approved, with conditions. For land application and state permits, minor modifications, per R.61-9.505.63, may only correct typographical errors; require more frequent monitoring and reporting; change an interim compliance date, with conditions; change ownership, with conditions; delete a discharge, with conditions; and incorporate conditions of a POTW pretreatment program that has been approved, with conditions.

We have an NPDES permit and are looking at increasing our production. When do we notify DHEC?

If the facility has an NPDES 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 NPDES 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 NPDES permit due to antibacksliding and/or antidegradation. Under Regulation 61-68.D, DHEC may determine that an alternative exists if you have demonstrated that the existing permit limits can be economically and technologically achieved.

Why does DHEC put concentration limits in our NPDES permit when the categorical effluent guidelines for our industry only require mass limits?

In accordance with Regulation 61-9.122.45(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.

We reapplied for our NPDES permit within 180 days before the expiration date. Our permit has now expired and DHEC has not reissued our permit. Can we still discharge?

Yes. Since you have made a complete and timely application in accordance with Regulation 61-9.122.6, your permit will continue in effect until the Department reissues it with no appeals pending.

Our NPDES permits limits are stringent since we discharge to a small stream. We are having difficulty meeting the limits. Can we augment the receiving stream's flow by adding a discharge from a well and then get less stringent limits based on the augmented stream flow?

If your permit limitations have been set based on water quality, you may be able to augment flow. However, the use of flow augmentation depends on several factors. See Regulation 61-9.125.3(f). Contact the Department if further explanation is needed.

We have an NPDES permit that includes a discharge of cooling water. We want to change the maintenance chemical we use in our cooling tower. Do we need DHEC's approval prior to using the new chemical?

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.

What is a general permit?

By definition (R.61-9.122.2.(b)), “general permit” means a NPDES permit issued under section 122.28 authorizing a category of discharges or activities under the Pollution Control Act and Clean Water Act within a geographical area. The permitting process for general permits has been simplified and shortened. The Department issues general permits for the discharge of wastewater and/or stormwater from:

Vehicle wash facilities Mine dewatering operations
Hydrostatic testing operations Bulk petroleum storage facilities
Potable water plants (3 Categories) Aquatic animal/Aquaculture operations
Certain construction activities Certain industrial activities
Utility operations Remediated petroleum contaminated groundwater
How do we obtain coverage under a general permit and when is it effective?

The Department has several different general permits. Coverage under these permits is obtained by submission of a Notice of Intent (NOI). Each permit has different requirements for the NOI and the time it takes to make the permit coverage effective.

I have an individual NPDES permit, but I think I might qualify for coverage under a General Permit. What do I need to do?

The answer to the question depends on what your individual permit covers and whether you qualify for coverage under a General Permit. If, for example, your NPDES permit consists of multiple outfalls, all of which do not qualify for coverage under a single General Permit or multiple General Permits, the Department would prefer to keep the facility’s discharges covered under a single individual NPDES permit. However, if a single or multiple outfalls qualify for coverage under one or more General Permits, since no additional individual permit would need to be written, the Department would consider converting the existing individual NPDES permit to General Permit coverage upon request. The best time to make this request is upon renewal of the individual NPDES permit. We would not generally grant general permit coverage until the existing permit expires for a given discharge.

To request General Permit coverage in lieu of the individual permit, you should make a written request to the Department stating the reasons why you think General Permit coverage is applicable and including the appropriate Notice of Intent (NOI) form and/or other information required by the specific General Permit. You may contact the appropriate permit writer regarding specific conditions of each general permit and any additional requirements.

I just received my NPDES permit, but did not get any Discharge Monitoring Report (DMR) forms. When will DHEC send me blank DMRs for use in reporting.

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 NPDES WEB page on Pre-Printed DMRS.

How do we get approval to pre-print our own discharge monitoring reports (DMRs)?

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

SC Department of Health and Environmental Control
NPDES Administration
2600 Bull Street
Columbia, SC 29201

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 NPDES WEB page on Pre-Printed DMRS.

What is required to change ownership or control of a NPDES (or ND) Permit?

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 application Form 1 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.

Change in ownership for a facility covered by an NPDES General Permit may be different. Each General Permit has specific transfer provisions.

Do the standards detailed in Regulation 61-9.504 apply to industrial sludge that is allowed to remain in a closed wastewater treatment facility when the facility is closed in accordance an approved closure plan per Regulation 61-82?

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.

What is a land application permit?

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.

What is the basis of the annual fee that I pay for my NPDES discharge?

Annual fees are assessed for the current fiscal year but are 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). The Department’s fiscal year is July 1 – June 30.

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