South Carolina Code 49-4-120. Modification, suspension and revocation of permit; conditions; renewal of permit
(1) the permit holder withdraws water not authorized by his permit or fails to comply with the terms and conditions of his permit;
Terms Used In South Carolina Code 49-4-120
- Department: means the Department of Health and Environmental Control. See South Carolina Code 49-4-20
- Permittee: means a person authorized to make withdrawals of surface water pursuant to a surface water withdrawal permit issued by the department. See South Carolina Code 49-4-20
- Surface water: means all water that is wholly or partially within the State, including the Savannah River, or within its jurisdiction, which is open to the atmosphere and subject to surface runoff, including, but not limited to, lakes, streams, ponds, rivers, creeks, runs, springs, and reservoirs, but not including water and wastewater treatment impoundments, off-stream supplemental operations related impoundments, or water storage structures constructed by the surface water withdrawer to provide adequate supplies of surface water during low flow conditions. See South Carolina Code 49-4-20
- Withdrawal: means to remove surface water from its natural course or location, or exercising physical control over surface water in its natural course or location, regardless of whether the water is returned to its waters of origin, consumed, transferred to another river basin, or discharged elsewhere. See South Carolina Code 49-4-20
(2) the permit holder obtains a permit by misrepresentation or fails to disclose a material fact in his application;
(3) the permit holder ceases to withdraw water for a period of at least thirty-six consecutive months; or
(4) a permanent change in natural conditions results in a permitted activity endangering human health or the environment.
(B) Surface water permits are transferable with the prior written consent of the department.
(C)(1) A permittee may apply for a renewal of his permit no sooner than six months before his permit expires. A permit shall remain valid during the department’s consideration of a renewal application if the permittee files a renewal application prior to the expiration date of his permit. Renewal applications take priority over permit applications for new withdrawals. The renewed permit must be issued in accordance with the criterion applicable to the issuance of the initial permit and for a quantity at least equal to the expired permit unless the department demonstrates that the quantity above maximum withdrawals during the permit term are not necessary to meet the permittee’s future needs.
(2) An application to modify an existing permit for a significant increase in the quantity of the withdrawal must be evaluated using the criteria provided in § 49-4-80. However, any significant increase in surface water withdrawals authorized pursuant to § 49-4-40 or § 49-4-45 shall be subject only to the requirements set forth in that section.