(a) The Department may, after notice and opportunity for a public hearing, revise or modify a national pollutant discharge elimination system permit in accordance with the procedures and criteria set out in Sections 301(c), 302 and 316(a) of the Federal Water Pollution Control Act Amendments of 1972.
(b) The Department may, after notice and opportunity for a public hearing, revise or modify a final compliance date for any stationary source or class or sources of air pollution whether contained in regulations or a compliance order, if the Department determines that
(1) good faith efforts have been made to comply with such requirement before such date;
(2) such source (or class) is unable to comply with such requirement because the necessary technology or other alternative methods of control are not reasonably available or have not been available for a sufficient period of time;
(3) any available alternative operating procedures and interim control measures have reduced or will reduce the impact of such source on public health;
(4) the continued operation of such source is essential to national security or to the public health or welfare.
Provided, however, that where the compliance date is one prescribed in the State Implementation Plan, the findings and recommendations of the Department shall be submitted to the Governor for transmittal to the Administrator of the Federal Environmental Protection Agency or his designated representative for his concurrence or rejection. Rejection by the administrator may constitute grounds for rejection of a request for modification or revisions of such compliance requirement.
(c) Any determination under items (a) or (b) of this section shall (1) be made on the record after notice to interested persons and opportunity for hearing, (2) be based upon a fair evaluation of the entire record at such hearing, and (3) include a statement setting forth in detail the findings and conclusions upon which the determination is based.
HISTORY: 1962 Code Section 63-195.17; 1965 (54) 687; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 241; 1978 Act No. 463.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 1 - Pollution Control Act
Section 48-1-10. Short title; definitions.
Section 48-1-20. Declaration of public policy.
Section 48-1-30. Promulgation of regulations; approval of alternatives.
Section 48-1-40. Adoption of standards for water and air.
Section 48-1-50. Powers of department.
Section 48-1-70. Matters which standards for water may prescribe.
Section 48-1-80. Considerations in formulating classification and standards for water.
Section 48-1-85. Requirements for houseboats with marine toilets.
Section 48-1-87. Aquatic Life Protection Act.
Section 48-1-90. Causing or permitting pollution of environment prohibited; remedies.
Section 48-1-95. Wastewater utilities; procedures for significant spills.
Section 48-1-100. Permits for discharge of wastes or air contaminants; jurisdiction of department.
Section 48-1-115. Public notice of sludge storage facility construction permit.
Section 48-1-120. Determination and correction of undesirable level.
Section 48-1-130. Order for discontinuance of discharge of wastes or air contaminants.
Section 48-1-150. Situations in which public hearing is required or authorized.
Section 48-1-160. Conduct of hearing; decision of department.
Section 48-1-170. Records of hearings and decisions.
Section 48-1-180. Oaths; examination of witnesses; subpoenas.
Section 48-1-190. Refusal to obey notice of hearing or subpoena.
Section 48-1-210. Duties of Attorney General and solicitors.
Section 48-1-220. Institution of prosecutions.
Section 48-1-230. Disposition of funds.
Section 48-1-240. Chapter remedies are cumulative; estoppel.
Section 48-1-250. No private cause of action created.
Section 48-1-260. Conditions within industrial plants and employer-employee relations not affected.
Section 48-1-280. Health laws not affected.
Section 48-1-290. Emergency orders.
Section 48-1-300. Certain violations excused.
Section 48-1-310. Local air pollution control programs.
Section 48-1-320. Penalties for violation of Pollution Control Act.
Section 48-1-330. Civil penalties.
Section 48-1-350. Penalties constitute debts to State; liens; disposition of moneys collected.