(A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.1 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied by demonstrating that resident aquatic species shall not be adversely affected. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department by regulation.
(B) A party seeking a site-specific effluent limit related to dissolved oxygen pursuant to this section must notify the department in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department.
(C) The department, in consultation with the Department of Natural Resources and the Environmental Protection Agency, shall provide a general methodology to be used for consideration of a site-specific effluent limit related to dissolved oxygen.
(D) The party seeking a site-specific effluent limit related to dissolved oxygen must conduct a study:
(1) to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model or, if available, a site-specific multidimensional dynamic water quality model.
(2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression.
(E) The department shall provide the following agencies sixty days in which to review and provide comments on the design of the scientific study required in subsection (D):
(1) the United States Fish & Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior;
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce; and
(4) The Department of Natural Resources.
The department and the Department of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (D). The department and the Environmental Protection Agency must concur on the final design before a study is initiated. Justification of any objection to the study design must be based solely on scientific considerations. Objections to the study design must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen.
(F) The department shall provide the following agencies sixty days to review and comment on the results of the studies required in subsection (D):
(1) the United States Fish and Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior; and
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.
In order for a site-specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department, the Department of Natural Resources and the Environmental Protection Agency must concur that the results of the study required in subsection (D) justify its implementation. In reaching a decision on the study results, the department and the Department of Natural Resources must base their decision upon the entire record, taking into account whatever in the record detracts from the weight of the decision, and must be supported by evidence that a reasonable mind might accept as adequate to support the decision. Objections to the acceptance of the results of the study must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen.
HISTORY: 1999 Act No. 106, Section 1; 2010 Act No. 134, Section 1, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "0.1" for "0.10" in the first sentence of subsection (A).
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.