S.C. Code Regs. § § 61-107.4.III.L

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-107.4.III.L - Permit Suspension or Revocation

1. Whenever the Department finds that material or substantial violations demonstrate a disregard for, or inability to comply with, applicable laws or requirements, and these violations would make the continuation of the permit not in the best interest of human health and safety or the environment, the Department may, after a hearing, amend or revoke the permit as appropriate and necessary.

a. The Department shall give notice by certified mail to the permittee of facts or conduct that warrant the intended action, and

b. The permittee shall be given an opportunity to show compliance with all lawful requirements for the retention of the permit.

2. If the Department finds that public health, safety, or welfare imperatively requires emergency action, suspension of a permit may be ordered pending proceedings for revocation or other action.

3. If a suspension is issued to a permittee, it shall be issued per an order from the Department, which will direct a facility to cease operating or to cease accepting all types of feedstocks.

a. The suspension order will also include instructions for how the permitted facility can obtain compliance and a deadline by which the facility shall become compliant. Cited violations that may result in a suspension order include, but are not limited to, the following examples:

(1) A Department determination that a facility has exceeded its permitted capacity;

(2) A Department determination that a facility has not submitted to the Department the required amount of financial assurance, or the financial assurance that was submitted is no longer valid, has been cancelled, and not replaced for the facility site;

(3) A Department determination that a facility was issued a written directive or order with a deadline to become compliant but failed to do so by the communicated deadline;

(4) A Department determination that a materially false statement has been made by the facility in the application for a permit; or

(5) A Department determination that the facility has falsified or altered records that are required by this regulation.

b. The suspension shall last until the Department has determined that the facility is in compliance with its permit, applicable statutes or regulations, and/or a prior order, unless the Department designates a time that the facility's suspension will be rescinded.

c. The Department may decline to lift the permit suspension if a facility is cited for any additional violations during the initial suspension period. If a facility is cited for additional violations during the initial suspension period, the Department may only rescind the suspension after the facility achieves compliance with all violations cited by the Department.

d. All rescissions of a suspension shall be communicated to the facility by the Department in writing.

4. If, after a hearing, the Department determines that permit revocation is warranted, an administrative order revoking the permit will be issued.

S.C. Code Regs. § 61-107.4.III.L

Adopted by State Register Volume 45, Issue No. 05, eff. 5/28/2021.