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CHAPTER 61.
Department of Health and Environmental Control
SECTION 68.
Water Classifications and Standards.
61-68. Water Classifications and Standards.
(Statutory Authority: S.C. Code Sections 48-1-10 et seq.)
TABLE OF CONTENTS
SECTION A. PURPOSE AND SCOPE
SECTION B. DEFINITIONS
SECTION C. APPLICABILITY OF STANDARDS
SECTION D. ANTIDEGRADATION RULES
SECTION E. GENERAL RULES AND STANDARDS APPLICABLE TO ALL WATERS
SECTION F. NARRATIVE BIOLOGICAL CRITERIA
SECTION G. CLASS DESCRIPTIONS, DESIGNATIONS, AND SPECIFIC STANDARDS FOR SURFACE WATERS
SECTION H. CLASS DESCRIPTIONS AND SPECIFIC STANDARDS FOR GROUND WATERS
SECTION I. SEVERABILITY
APPENDIX. WATER QUALITY NUMERIC CRITERIA FOR THE PROTECTION OF AQUATIC LIFE AND HUMAN HEALTH
A. PURPOSE AND SCOPE.
1. This regulation, promulgated pursuant to authority in the S.C. Pollution Control Act, S.C. Code Sections 48-1-10 et seq., establishes a system and rules for managing and protecting the quality of South Carolina's surface and ground water. They establish the State's official classified water uses for all waters of the State, establish general rules and specific numeric and narrative criteria for protecting classified and existing water uses, and establish procedures for classifying waters of the State. The water quality standards include the uses of the waters, the numeric and narrative criteria, and the antidegradation rules contained in this regulation.
a. The uses of the waters of the State are defined and described in Sections B, C, E, F, G, and H of this regulation.
b. Numeric criteria for aquatic life and human health are numeric values for specific parameters and pollutants or water quality levels which have been assigned for the protection of the existing and classified uses for each of the classifications in South Carolina and are listed in Sections D, E, G, H, and the Appendix. Narrative criteria for aquatic life and human health are general goals and statements of attainable or attained conditions of biological integrity and water quality of the waterbody. These narrative criteria rely upon the use of standardized measures and data analyses to make qualitative determinations of the water quality and use attainment. The Department uses scientifically sound and, where applicable, EPA-approved methods in making these determinations. Narrative criteria are listed in Sections C, D, E, F, G, and H.
c. Antidegradation rules provide a minimum level of protection to all waters of the State and also include provisions and requirements necessary to determine when and if water quality degradation is allowed. Antidegradation rules are described in Section D of this regulation.
2. Waters which meet standards shall be maintained. Waters which do not meet standards shall be improved, wherever attainable, to achieve those standards. However, the Department cannot assure that classified waters shall at all times meet the numeric water quality standards for such uses.
3. Recognizing the technical and economic difficulty in restoring water quality, the Department shall emphasize a preventive approach in protecting waters of the State.
4. It is a goal of the Department to maintain and improve all surface waters to a level to provide for the survival and propagation of a balanced indigenous aquatic community of flora and fauna and to provide for recreation in and on the water. It is also a goal to provide, where appropriate and desirable, for drinking water after conventional treatment, shellfish harvesting, and industrial and agricultural uses.
5. It is a goal of the Department to maintain or restore ground water quality so it is suitable as a drinking water source without any treatment.
B. DEFINITIONS.
1. The definition of any word or phrase employed in this regulation shall be the same as given in the South Carolina Pollution Control Act, S.C. Code Sections 48-1-10, et seq., hereafter referred to as the Act. Words or phrases which are not defined in the Act are defined as follows:
2. 7Q10 means the annual minimum seven (7)-day average flow rate that occurs with an average frequency of once in ten (10) years as published or verified by the U. S. Geological Survey (USGS) or an estimate extrapolated from published or verified USGS data.
3. 30Q5 means the annual minimum thirty (30)-day average flow rate that occurs with an average frequency of once in five (5) years as published or verified by the U.S. Geological Survey (USGS) or an estimate extrapolated from published or verified USGS data.
4. Acute means a stimulus severe enough to rapidly induce an effect; in aquatic toxicity tests, an effect observed in ninety-six (96) hours or less typically is considered acute. When referring to aquatic toxicology or human health, an acute effect is not always measured in terms of lethality.
5. Acute-to-chronic ratio (ACR) means the ratio of the acute toxicity of an effluent or a toxicant to its chronic toxicity. It is used as a factor for estimating chronic toxicity on the basis of acute toxicity data, or for estimating acute toxicity on the basis of chronic toxicity data.
6. Agricultural means the use of water for stock watering, irrigation, and other farm purposes.
7. Annual average flow means the annual mean flow rate of a stream at a specific point as published or verified by the U.S. Geological Survey (USGS) or an estimated annual mean flow rate extrapolated from published or verified USGS data.
8. Aquaculture means a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals.
9. Aquatic farm means the cultivation, production, or marketing of domestic aquatic organisms which are any fish, aquatic invertebrates, or aquatic plants that are spawned, produced, or marketed as a cultivated crop in the waters of the State.
10. Aquatic toxicity test mean laboratory experiments that measure the biological effect (e.g., growth, survival, and reproduction) of effluents or receiving waters on aquatic organisms.
11. Aquifer means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of ground water to wells or springs.
12. Balanced indigenous aquatic community means a natural, diverse biotic community characterized by the capacity to sustain itself through cyclic seasonal changes, presence of necessary food chain species, and by a lack of domination by pollutant tolerant species.
13. Best management practice (BMP) means a practice or combination of practices that are the most effective, practical ways of controlling or abating pollution from widespread or localized sources.
14. Bioaccumulation means the process by which a compound is taken up and retained by an aquatic organism, both from water and through food.
15. Bioavailability means a measure of the physiochemical access that a toxicant has to the biological processes of an organism. The less the bioavailability of a toxicant, the less its toxic effect on an organism.
16. Bioconcentration means the process by which a compound is absorbed from water through gills or epithelial tissues and is concentrated in the body.
17. Bioconcentration factor (BCF) means the ratio of a substance's concentration in tissue versus its concentration in water, in situations where the food chain is not exposed or represents equilibrium partitioning between water and organisms.
18. Biological assessment means an evaluation of the biological condition of a waterbody using biological surveys and other direct measurements of resident biota in surface waters and sediments.
19. Biological criteria, also known as biocriteria, mean narrative expressions or numeric values of the biological characteristics of aquatic communities based on appropriate reference conditions. Biological criteria serve as an index of aquatic community health.
20. Biological monitoring, also known as biomonitoring, means a description of the living organisms in water quality surveillance used to indicate compliance with water quality standards or permit effluent limits and to document water quality trends. Methods of biological monitoring may include, but are not limited to, toxicity testing such as ambient toxicity testing, whole effluent toxicity testing, and ambient assessment of the resident biological community.
21. Chlorophyll a means a photosynthetic pigment present in all types of green plants. It is used as a measure of algal biomass and is an indicator of nutrient enrichment.
22. Chronic means a stimulus that lingers or continues for a relatively long period of time, often one-tenth of the life span or more. Chronic should be considered a relative term depending on the life span of an organism. The measurement of a chronic effect can be reduced growth, reduced reproduction, etc., in addition to lethality.
23. Classified uses mean those uses specified in Section G for surface waters and Section H for ground waters, whether or not those uses are being attained.
24. Concentrated aquatic animal production facility means a hatchery, fish farm, or other facility related to aquatic animal production which is not located in waters of the State and is subject to a National Pollutant Discharge Elimination System (NPDES) permit.
25. Conventional treatment as applying to potable water supplies means treatment including at least flocculation, sedimentation, filtration, and disinfection.
26. Criterion continuous concentration (CCC) means the highest instream concentration of a toxicant or an effluent to which the organisms can be exposed to protect against chronic (long-term) effects. EPA derives chronic criteria from longer term (often greater than twenty-eight (28) days) tests that measure survival, growth, reproduction, and, in some cases, bioconcentration.
27. Criterion maximum concentration (CMC) means the highest instream concentration of a toxicant or an effluent to which the organisms can be exposed for a brief period of time without causing an acute effect. EPA derives acute criteria from forty-eight (48) to ninety-six (96) hour tests of lethality or immobilization.
28. Daily average means the average of all samples taken during any twenty-four (24)-hour period.
29. Daily maximum (for bacterial indicators only) means the highest arithmetic average of bacterial samples collected [for each of the bacterial indicator species (i.e.,E. coli, enterococci, and/or fecal coliform)] in any twenty-four (24) hour period during a calendar month.
30. Deleterious substances mean those substances which in sufficient concentrations or levels have a harmful effect on classified or existing water uses.
31. Department means the S.C. Department of Health and Environmental Control.
32. Ecoregions mean areas of general similarity in ecosystems and in the type, quality, and quantity of environmental resources and are designed to serve as a spatial framework for the research, assessment, management, and monitoring of ecosystems and ecosystem components. The EPA has published a document that outlines the Level III ecoregions (please refer to U.S. Environmental Protection Agency. 1999. Level III ecoregions of the continental United States (revision of Omernik, 1987). Corvallis, Oregon, U.S. E.P.A.-National Health and Environmental Effects Research Laboratory, Map M-1.) The following are South Carolina Level III ecoregions: Blue Ridge Mountains, Piedmont, Southeastern Plains, and Middle Atlantic Coastal Plains.
33. EPA means the U.S. Environmental Protection Agency.
34. Ephemeral streams mean streams that generally have defined natural watercourses that flow only in direct response to rainfall or snowmelt and in which discrete periods of flow persist no more than twenty-nine (29) consecutive days per event.
35. Existing uses mean those uses actually being attained in or on the water, on or after November 28, 1975, regardless of the classified uses.
36. Fishing means the taking, harvesting, or catching of finfish or crustaceans for human consumption.
37. Full pool elevation means the maximum lake level attained before water releases over a fixed weir, spillway, or other discharge structure. In larger lakes and reservoirs, the full pool elevation is the maximum level established for management.
38. Groundwater means water below the land surface in a zone of saturation.
39. Hydrograph controlled release (HCRs) means the onsite storage or holding of treated wastewater or the use of an alternative discharge option contained in Section D.2.a. of this regulation, during specified critical streamflow conditions and then discharging the treated wastewater to the stream when streamflow is sufficient to assimilate the wastewater.
40. Intermittent streams mean streams that generally have defined natural watercourses which do not flow year around, but flow beyond periods of rainfall or snowmelt.
41. Lake means any water of the State that is a freshwater pond, reservoir, impoundment, or similar body of water located wholly or partially within the State.
42. LC50 means the concentration of a toxicant at which lethality occurs to fifty percent (50%) of the test organisms during a specified exposure time period.
43. Mixing zone means:
a. For surface waters, an area where a discharge undergoes initial dilution and is extended to cover the secondary mixing in the ambient waterbody. A mixing zone is an allocated impact zone where water quality criteria can be exceeded as long as acutely toxic conditions are prevented (except as defined within a Zone of initial dilution) and public health and welfare are not endangered.
b. For ground waters, a hydrogeologically controlled three-dimensional flow path in the subsurface which constitutes the pathway for waste constituents to migrate from a source.
44. Monthly average (for bacterial indicators only) means the calendar month (i.e., twenty-eight (28) days, twenty-nine (29) days, thirty (30) days, or thirty-one (31) days) geometric mean of all bacterial samples collected [for each of the bacterial indicator species (i.e., E. coli, enterococci, and/or fecal coliform)] during that calendar month.
45. Natural conditions mean those water quality conditions unaffected by anthropogenic sources of pollution.
46. No discharge zone (NDZ) means a waterbody (or a portion of a waterbody) so designated that no discharging Marine Sanitation Devices (MSDs) are allowed on vessels on waterbodies so designated. All vessels located on such designated waterbodies shall be equipped with MSDs which discharge to a holding tank which shall be pumped out at a designated pump-out location or shall discharge legally outside the boundary of the United States.
47. No observed effect concentration (NOEC) means the highest tested concentration of an effluent or a toxicant at which no adverse effects are observed on the aquatic test organisms at a specific time of observation and determined using hypothesis testing.
48. Nutrients mean an element or chemical essential to life including, but not limited to, nitrogen and phosphorus.
49. Organoleptic effects mean those sensory effects associated with taste and smell.
50. Outstanding recreational or ecological resource waters means waters which are of exceptional recreational or ecological importance or of unusual value. Such waters may include, but are not limited to: waters in national or state parks or wildlife refuges; waters supporting threatened or endangered species; waters under the National Wild and Scenic Rivers Act or South Carolina Scenic Rivers Act; waters known to be significant nursery areas for commercially important species or known to contain significant commercial or public shellfish resources; or waters used for or having significant value for scientific research and study.
51. Practical quantitation limit (PQL) means a concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. It is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method-specific sample weights, volumes, and processing steps have been followed.
52. Prohibited area means an area adjacent to point source discharges or other sources of potential contamination in shellfish growing waters where the gathering of clams, mussels, or oysters is prohibited to protect public health.
53. Primary contact recreation means any activity with the intended purpose of direct water contact by the human body to the point of complete submergence, including, but not limited to, swimming, water skiing, and skin diving.
54. Propagation means the continuance of species through reproduction and growth in the natural environment, as opposed to the maintenance of species by artificial culture and stocking.
55. Public water system means any public or privately owned waterworks system which provides drinking water for human consumption, except those serving a single private residence or dwelling.
56. Recharge area means an area where an underground source of drinking water is poorly confined, is under water table conditions, and has a downward component of flow from the water table into the underground source of drinking water.
57. Secondary contact recreation means any activity occurring on or near the water which does not have an intended purpose of direct water contact by the human body to the point of complete submergence, including, but not limited to, fishing, boating, canoeing, and wading.
58. Shellfish mean bivalve mollusks, specifically clams, mussels, or oysters.
59. Shellfish harvesting means taking of bivalve mollusks, specifically clams, mussels, or oysters, for direct marketing or human consumption.
60. Source for drinking water supply means any source of surface water which is used for domestic consumption, or used in connection with the processing of milk, beverages, food or for other purposes which required finished water meeting regulations (40 CFR Part 141 and 40 CFR Part 143) established pursuant to the Safe Drinking Water Act (Public Law 93-523, 95-190) applicable to public water systems.
61. Tidal conditions mean conditions determined by the Department as appropriate for tidally influenced waters of the State to be analogous to the 7Q10 or the annual average flow for flowing waters of the State.
62. Tidal saltwaters mean those waters whose elevation is subject to changes due to oceanic tides and which have chloride ion content in excess of two hundred fifty milligrams per liter (250 mg/L) (salinity = 0.48 parts per thousand).
63. Toxic wastes means those wastes or combinations of wastes including disease-causing agents which, upon discharge and exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, may cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), physical deformations, or restrict or impair growth in such organisms or their offspring.
64. Underground source of drinking water (USDW) means an aquifer or its portion:
a. Which supplies any public water system or individual residential well; or
b. Which contains a sufficient quantity of ground water to supply a public water system or individual residential well; and
(1) Currently supplies drinking water for human consumption; or
(2) Contains water with less than ten thousand milligrams per liter (10,000 mg/L) total dissolved solids.
65. Variance means a short-term exemption from meeting certain otherwise applicable water quality standards.
66. Water table means that level below the land surface at which all the voids are filled with water at a pressure equal to atmospheric.
67. Weekly average means the average of all samples taken during any consecutive seven (7)-day period.
68. Whole effluent toxicity (WET) means the aggregate toxic effect of an aqueous sample measured directly by an aquatic toxicity test.
69. Zone of initial dilution (ZID) means that minimal area of a mixing zone immediately surrounding the outfall where water quality criteria are not met, provided there is no acute toxicity to drifting organisms and public health and welfare are not endangered.
C. APPLICABILITY OF STANDARDS.
1. The water quality standards are applicable to both surface waters and ground waters.
2. Any exception specified in this regulation is to be applied exclusively to the situation for which it was incorporated and not as a general rule applicable to all situations or waters of the State.
3. Uses in all waters shall be protected, wherever attainable, regardless of flow and classification of waters.
4. Critical flows for determining permit effluent limitations and/or permit conditions or requirements, including permit development such as wasteload allocations or load allocations in total maximum daily loads (TMDLs), will be calculated in accordance with the following:
a. Aquatic life numeric criteria.
(1) The applicable critical flow conditions for aquatic life criteria shall be defined as 7Q10 or tidal conditions as determined by the Department. The numeric criteria of this regulation are not applicable to waters of the State when the flow rate is less than 7Q10 except as prescribed below.
(2) The Department shall consider conditions that are comparable to or more stringent than 7Q10 where appropriate to protect classified and existing uses, such as below dams and in tidal situations. Only those situations where the use of 7Q10 flows are determined to be impracticable, inappropriate, or insufficiently protective of aquatic life uses shall be considered as a situation in which the Department may consider other flow conditions.
(3) NPDES permit conditions shall be based on a critical condition analysis (e.g., critical flow, temperature or pH, or a combination of factors which would represent a critical condition). The Department may consider less stringent limits based on a critical ambient water temperature during November through February.
b. Human health and organoleptic numeric criteria.
(1) The applicable critical flow conditions for human health shall be defined as annual average flow for carcinogens, 7Q10 (or 30Q5 if provided by the applicant) for noncarcinogens, or tidal conditions as determined by the Department. The applicable critical flow conditions for organoleptic criteria shall be defined as annual average flow or tidal conditions as determined by the Department. The numeric criteria of this regulation are not applicable to waters of the State when the flow rate is less than the annual average flow for carcinogens or 7Q10 (or 30Q5 if provided by the applicant) for noncarcinogens, except as prescribed below.
(2) The Department shall consider conditions that are comparable to or more stringent than annual average flow, 7Q10, or 30Q5 (if provided by the applicant) where appropriate to protect the classified and existing uses, such as below dams and in tidal situations. Only those situations where the use of annual average flow, 7Q10, or 30Q5 (if provided by the applicant) are determined to be impracticable, inappropriate, or insufficiently protective of human health uses shall be considered as a situation in which the Department may consider other flow conditions.
c. As described below, the Department may also consider conditions other than 7Q10 for use with an HCR.
(1) After a complete antidegradation review in compliance with Section D.2., an HCR for oxygen-demanding substances may be permitted by the Department for the following situations:
i. If other flow-related effluent conditions are allowed by federal effluent guidelines as specified in 40 CFR Parts 400-499 (Chapter I, Subchapter N) and when used the numeric criteria shall not be exceeded and all water quality standards are maintained and protected;
ii. For industrial discharges, after application of advanced wastewater treatment, as determined by the Department, for the type of wastewater discharged;
iii. For other discharges, after application of advanced wastewater treatment which will be defined, for this purpose, at or below the following permit effluent limitations of BOD5 = 10 mg/L, NH3-N = 1 mg/L, and DO = 6 mg/L.
(2) In cases where an HCR may be allowed, the permit effluent limitations for toxics will not be variable and will be based on the critical flow conditions (chemical-specific or WET).
(3) In cases where an HCR may be allowed, new or proposed expansions of existing permits shall require instream biological assessments and existing permits may require instream biological assessments.
5. Intermittent streams and ephemeral streams shall be considered waters of the State. The water quality standards of the class of the stream to which intermittent and ephemeral streams are tributary shall apply, disregarding any site-specific numeric criteria for the named waterbody. This does not preclude the development of site-specific numeric criteria for intermittent and ephemeral streams.
6. The standards of adjacent waters must be maintained in basins excavated from high ground and constructed solely for berthing vessels. The standards of the adjacent waters must also be maintained with regard to impacts from created marina basins.
7. The existing and classified uses of downstream waters shall be maintained and protected and existing uses shall be protected regardless of the classification of the downstream waters. In tidally-influenced waters, the existing and classified uses of both upstream and downstream waters shall be maintained and protected and the existing uses shall be protected regardless of the classification of the upstream and downstream waters.
8. Where surface waters are not classified by name (unlisted) in R.61-69, Classified Waters, the water quality standards of the class of the stream to which they are tributary shall apply, disregarding any site-specific numeric criteria for the named waterbody. In tidal areas where an unlisted tributary may affect or flows between two (2) differently classified waterbodies, regardless of whether the location is upstream or downstream, the more stringent numeric criteria of the classified waters apply to the unlisted tributary, disregarding any site-specific numeric criteria for those waterbodies. This does not preclude the development of site-specific numeric criteria for unlisted tributaries.
9. Because of natural conditions some surface and ground waters may have characteristics outside the standards established by this regulation. Such natural conditions do not constitute a violation of the water quality standards; however, degradation of existing water quality is prohibited unless consistent with Section D.4. of this regulation.
10. A mixing zone for surface waters may be allowed by the Department. All water quality standards of the classification of the surface waters, including affected downstream waters, are applicable unless a mixing zone, setting forth certain conditions, is granted by the Department. When the Department grants a mixing zone, the mixing zone shall not be an area of waste treatment, nor shall it interfere with or impair the existing uses of the waterbody. The size of the mixing zone shall be minimized, as determined by the Department, and shall be based upon applicable critical flow conditions. Since mixing zones are allocated impact zones where human health and aquatic life numeric criteria can be exceeded, the Department shall restrict their use. The following prohibitions and restrictions are established in order to support these important uses of the waters of the State.
a. In order to protect human health, mixing zones are not allowed when: they would endanger public health and welfare, the mixing zone would adversely affect shellfish harvesting, or the mixing zone would be for bacteria (e.g., fecal coliform).
b. In order to protect aquatic life, mixing zones are not allowed when: a pollutant, excluding temperature or thermal, in a discharge would attract biota; the mixing zone would result in undesirable aquatic organisms or a dominance of nuisance species outside of the mixing zone; there is a reasonable expectation that a discharge would adversely affect a federally-listed endangered or threatened aquatic species, its habitat, or a proposed or designated critical habitat; the mixing zone would not allow safe passage of aquatic organisms when passage would otherwise be unobstructed; or the mixing zone would not allow for the protection and propagation of a balanced indigenous aquatic community in and on the water body.
c. In order to protect both human health and aquatic life, mixing zones are not allowed when: a discharge would not be predicted to or does not produce adequate mixing at the point of discharge; or a discharge would be to a waterbody where multiple discharges interact if the combined mixing zone would impair the waterbody outside the mixing zone. The Department may prohibit or limit mixing zones in waters of the State that may be considered a significant estuarine nursery habitat for resident species.
d. The size of the mixing zone shall be kept to a minimum and may be determined on an individual project basis considering biological, chemical, engineering, hydrological, and physical factors.
11. Mixing zones for ground waters may be allowed by the Department. In order to ensure the maintenance and protection of the uses of the waters of the State and in compliance with Section D of this regulation, any mixing zone granted by the Department shall be determined on an individual basis by the Department as prescribed below.
a. The numeric standards for Class GB ground water, Section H.9., are applicable unless a mixing zone solely within the bounds of the property, setting forth certain conditions, is granted by the Department. Such a mixing zone shall be granted upon satisfactory demonstration to the Department that:
(1) Reasonable measures have been taken or binding commitments are made to minimize the addition of contaminants to ground water and/or control the migration of contaminants in ground water;
(2) The ground water in question is confined to a shallow geologic unit which has little or no potential of being an Underground Source of Drinking Water, and discharges or will discharge to surface waters without contravening the surface water standards set forth in this regulation;
(3) The contaminant(s) in question occurs within the bounds of the property, and there is minimum possibility for ground water withdrawals (present or future) to create drawdown such that contaminants would flow off-site; and
(4) The contaminants or combination of contaminants in question are not dangerously toxic, mobile, or persistent.
b. [Reserved].
12. Site-specific numeric criteria for surface waters may be established by the Department to replace the numeric criteria of Sections E, G, and the appendix of this regulation or to add new numeric criteria not contained in this regulation. Establishment of such numeric criteria shall be subject to public participation and administrative procedures for adopting  regulations. In addition, such site-specific numeric criteria shall not apply to tributary or downstream waters unless specifically described in the water classification listing in R.61-69, Classified Waters.
13. In classifying and adopting standards for the waters of the State, the Department considers:
a. The size, depth, surface area covered, volume, flow direction, rate of flow, stream gradient, and temperature of the water;
b. The character of the district bordering such water and its suitability for the uses and with a view to conserving it and encouraging the most appropriate use of the lands bordering on such water for residential, agricultural, industrial, or recreational purposes;
c. The uses which have been made, are being made, may be made or are desired to be made of such waters for transportation, domestic, and industrial consumption, irrigation, swimming, fishing, fish culture, fire prevention, sewage disposal, or other uses;
d. The present quality of such waters; and
e. Information, about the four (4) items above, from government agencies, interested groups, and the public.
D. ANTIDEGRADATION RULES.
1. Existing water uses and the level of water quality necessary to protect these existing uses shall be maintained and protected regardless of the water classification and consistent with the policies below.
a. A new activity or expansion of an existing activity shall not be allowed in Class ONRW, Class ORW, or Shellfish Harvesting Waters if it would exclude, through establishment of a prohibited area, an existing shellfish harvesting or culture use. A new activity or expansion of an existing activity which will result in a prohibited area may be allowed in Class SA or Class SB waters when determined to be appropriate by the Department and would not remove or impair an existing use.
b. Existing uses and water quality necessary to protect these uses are presently affected or may be affected by instream modifications or water withdrawals. The stream flows necessary to protect classified and existing uses and the water quality supporting these uses shall be maintained consistent with riparian rights to reasonable use of water.
c. Existing or classified ground water uses and the conditions necessary to protect those uses shall be maintained and protected.
2. Where surface water quality exceeds levels necessary to support propagation of fish, shellfish, and wildlife, and recreation in and on the water, that quality shall be maintained and protected unless the Department finds, after intergovernmental coordination and public participation, that allowing lower water quality is necessary to important economic or social development in the areas where the waters are located. In allowing such lower water quality, water quality adequate to fully protect existing and classified uses shall be maintained. The highest statutory and regulatory requirements for all new and existing point sources shall be achieved and all cost-effective and reasonable best management practices for nonpoint source control shall be achieved within the State's statutory authority and otherwise encouraged. In order to fulfill these goals, the Department shall consider (a) through (e) below when evaluating any proposed expansion or new discharge to waters of the State that will lower water quality to a measurable effect. This includes, but is not limited to, the new or increased loading of any pollutant or pollutant parameter in the effluent regardless of whether the discharge flow changes.
a. An alternatives analysis, conducted by the applicant, must demonstrate to the Department that none of the following applicable alternatives that would minimize or eliminate the lowering of water quality are economically and technologically reasonable:
(1) Water recycle or reuse;
(2) Use of other discharge locations;
(3) Connection to other wastewater treatment facilities;
(4) Use of land application;
(5) Product or raw material substitution; and
(6) Any other treatment option or alternative.
b. If an evaluation of the alternatives analysis reveals that economically and technologically reasonable treatment options, combined with any alternatives, would prevent the need for the lowering of water quality, the Department shall deny the request.
c. If there are no economically and technologically reasonable alternatives to a proposed discharge that will result in the lowering of water quality of a waterbody, the Department shall evaluate whether the proposed discharge is necessary for important economic or social development and may deny the request based upon this evaluation. For purposes of this evaluation, several economic and social factors may be considered, including, but not limited to, the following:
(1) Employment (increases, maintenance, or avoidance of reduction);
(2) Increased industrial production;
(3) Improved community tax base;
(4) Improved housing; and/or
(5) Correction of an environmental or public health problem.
d. Conformance of the proposed discharge with the applicable 208 Areawide Water Quality Management Plans may demonstrate importance to economic and social development as well as intergovernmental coordination and public participation.
e. Activities requiring permits or certification by the Department shall provide for public participation through the Department's existing public notification processes.
3. The water quality of outstanding resource surface waters designated as Class ONRW or Class ORW shall be maintained and protected through application of the standards for these classifications as described in Section G.
4. Certain natural conditions may cause a depression of dissolved oxygen in surface waters while existing and classified uses are still maintained. The Department shall allow a dissolved oxygen depression in these naturally low dissolved oxygen waterbodies as prescribed below pursuant to the Act, S.C. Code Sections 48-1-83, et seq.:
a. For purposes of section D of this regulation, the term "naturally low dissolved oxygen waterbody" is a waterbody that, between and including the months of March and October, has naturally low dissolved oxygen levels at some time and for which limits during those months shall be set based on a critical condition analysis. The term does not include the months of November through February unless low dissolved oxygen levels are known to exist during those months in the waterbody. For a naturally low dissolved oxygen waterbody, the quality of the surface waters shall not be cumulatively lowered more than 0.1 mg/L for dissolved oxygen from point sources and other activities; or
b. Where natural conditions alone create dissolved oxygen concentrations less than one hundred ten percent (110%) of the applicable water quality standard established for that waterbody, the minimum acceptable concentration is ninety percent (90%) of the natural condition. Under these circumstances, an anthropogenic dissolved oxygen depression greater than 0.1 mg/L shall not be allowed unless it is demonstrated that resident aquatic species shall not be adversely affected pursuant to S.C. Code Section 48-1-83. The Department may modify permit conditions to require appropriate instream biological monitoring.
c. The dissolved oxygen concentrations shall not be cumulatively lowered more than the deficit described above utilizing a daily average unless it can be demonstrated that resident aquatic species shall not be adversely affected by an alternate averaging period.
E. GENERAL RULES AND STANDARDS APPLICABLE TO ALL WATERS.
1. The General Assembly of South Carolina in the Act has declared the following policy: "It is declared to be the public policy of the State to maintain reasonable standards of purity of the air and water resources of the State, consistent with the public health, safety and welfare of its citizens, maximum employment, the industrial development of the State, the propagation and protection of terrestrial and marine fauna and flora, and the protection of physical property and other resources. It is further declared that to secure these purposes and the enforcement of the provisions of this Act, the Department of Health and Environmental Control shall have authority to abate, control and prevent pollution."
2. The classes and standards described in Sections G and H of this regulation implement the above State policy by protecting the waters of South Carolina. Consistent with the above policy, the Department adopts the following general standards in items 3-19 for all waters of South Carolina.
3. No waters of the State shall be used for the sole or principal purpose of transporting or treating wastes.
4. a. Any discharge into waters of the State must be permitted by the Department and receive a degree of treatment and/or control which shall produce an effluent which is consistent with the Act, the Clean Water Act (P.L. 92-500, 95-217, 97-117, 100-4), this regulation, and related regulations. No permit issued by the Department shall be interpreted as creating any vested right in any person. Additionally, any discharge into waters of the State containing sanitary wastes shall be effectively disinfected as necessary to meet the appropriate standards of this regulation. The Department may require best management practices (BMPs) for control of stormwater runoff as part of the requirements of an NPDES permit, a State construction permit, or a State 401 Water Quality Certification.
b. When not specifically covered by permit reporting requirements, any unauthorized discharge into waters of the State which may cause or contribute to an excursion of a water quality standard must be reported by the responsible party to the Department orally within twenty-four (24) hours of becoming aware of such conditions. Further, written notification must be provided to the Department (Bureau of Water) within five (5) calendar days of becoming aware of such conditions and the written notice must include the following:
(1) A description of the discharge and cause;
(2) The duration of the discharge, including exact dates and times, and if not corrected, the time that the unauthorized discharge is expected to cease, and what steps are being taken to eliminate, minimize, and prevent recurrence of the discharge.
5. All ground waters and surface waters of the State shall at all times, regardless of flow, be free from:
a. Sewage, industrial waste, or other waste that will settle to form sludge deposits that are unsightly, putrescent, or odorous to such a degree as to create a nuisance, or interfere with classified water uses or existing water uses;
b. Floating debris, oil, grease, scum, and other floating material attributable to sewage, industrial waste, or other waste in amounts sufficient to be unsightly to such a degree as to create a nuisance or interfere with classified water uses or existing water uses;
c. Sewage, industrial, or other waste which produce taste or odor or change the existing color or physical, chemical, or biological conditions in the receiving waters or aquifers to such a degree as to create a nuisance, or interfere with classified water uses (except classified uses within mixing zones as described in this regulation) or existing water uses; and
d. High temperature, toxic, corrosive, or deleterious substances attributable to sewage, industrial waste, or other waste in concentrations or combinations which interfere with classified water uses (except classified uses within mixing zones as described in this regulation), existing water uses, or which are harmful to human, animal, plant or aquatic life.
6. Waters where classified uses are not being attained can be reclassified for protection of an attainable use and standards designated for that use where:
a. Natural conditions prevent the attainment of the use; or
b. Natural, ephemeral, intermittent, low flow conditions, or water levels prevent the attainment of the use; or
c. Human caused conditions or sources prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or
d. Dams, diversions, or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the waterbody to its original condition or to operate such modification in a way that would result in the attainment of the use; or
e. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, preclude attainment of aquatic life protection uses; or
f. Controls more stringent than those required by Sections 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact.
7. Before the Department may grant a variance for any water of the State, there must be a demonstration that one of the following factors for reclassifying uses has been satisfied:
a. Natural conditions prevent the attainment of the use; or
b. Natural, ephemeral, intermittent, low flow conditions, or water levels prevent the attainment of the use; or
c. Human caused conditions or sources prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or
d. Dams, diversions, or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the waterbody to its original condition or to operate such modification in a way that would result in the attainment of the use; or
e. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, preclude attainment of aquatic life protection uses; or
f. Controls more stringent than those required by Sections 301(b) and 306 of the Clean Water Act would result in adverse social and economic impact, disproportionate to the benefits to the public health, safety, or welfare as a result of maintaining the standard.
8. If the demonstration necessary under Section E.7 above has been satisfied, the Department may then grant a variance provided the following apply:
a. The variance is granted to an individual discharger for a specific pollutant(s) or parameter(s) and does not otherwise modify water quality standards; and
b. The variance identifies and justifies the criterion that shall apply during the existence of the variance; and
c. The variance is established as close to the underlying criterion as is possible and, upon expiration of the variance, the underlying criterion shall become the effective water quality standard for the waterbody; and
d. The variance is reviewed every three (3) years, at a minimum, and extended only where the conditions for granting the variance still apply; and
e. The variance does not exempt the discharger from compliance with any applicable technology or other water quality-based permit effluent limitations; and
f. The variance does not affect permit effluent limitations for other dischargers.
9. Prior to removing any uses or granting a variance, notice and an opportunity for a public hearing shall be provided.
10. Discharge of fill into waters of the State is not allowed unless the activity is consistent with Department regulations and will result in enhancement of classified uses with no significant degradation to the aquatic ecosystem or water quality.
11. In order to protect and maintain lakes and other waters of the State, consideration needs to be given to the control of nutrients reaching the waters of the State. Therefore, the Department shall control nutrients as prescribed below.
a. Discharges of nutrients from all sources, including point and nonpoint, to waters of the State shall be prohibited or limited if the discharge would result in, or if the waters experience growths of, microscopic or macroscopic vegetation such that the water quality standards would be violated or the existing or classified uses of the waters would be impaired. Loading of nutrients shall be addressed on an individual basis as necessary to ensure compliance with the narrative and numeric criteria.
b. Numeric nutrient criteria for lakes are based on an ecoregional approach which takes into account the geographic location of the lakes within the State and are listed below. These numeric criteria are applicable to lakes of forty (40) acres or more. Lakes of less than forty (40) acres will continue to be protected by the narrative criteria.
(1) For the Blue Ridge Mountains ecoregion of the State, total phosphorus shall not exceed 0.02 mg/L, chlorophyll a shall not exceed 10 µg/L, and total nitrogen shall not exceed 0.35 mg/L.
(2) For the Piedmont and Southeastern Plains ecoregions of the State, total phosphorus shall not exceed 0.06 mg/L, chlorophyll a shall not exceed 40 µg/L, and total nitrogen shall not exceed 1.50 mg/L.
(3) For the Middle Atlantic Coastal Plains ecoregion of the State, total phosphorus shall not exceed 0.09 mg/L, chlorophyll a shall not exceed 40 µg/L, and total nitrogen shall not exceed 1.50 mg/L.
c. In evaluating the effects of nutrients upon the quality of lakes and other waters of the State, the Department may consider, but not be limited to, such factors as the hydrology and morphometry of the waterbody, the existing and projected trophic state, characteristics of the loadings, and other control mechanisms in order to protect the existing and classified uses of the waters.
d. The Department shall take appropriate action, to include, but not be limited to: establishing numeric effluent limitations in permits, establishing Total Maximum Daily Loads, establishing waste load allocations, and establishing load allocations for nutrients to ensure that the lakes attain and maintain the above narrative and numeric criteria and other applicable water quality standards.
e. The criteria specific to lakes shall be applicable to all portions of the lake. For this purpose, the Department shall define the applicable area to be that area covered when measured at full pool elevation.
12. a. The water temperature of all Freshwaters which are free flowing shall not be increased more than 5°F (2.8°C) above natural temperature conditions and shall not exceed a maximum of 90°F (32.2°C) as a result of the discharge of heated liquids unless a different site-specific temperature standard as provided for in C.12. has been established, a mixing zone as provided in C.10. has been established, or a Section 316(a) determination under the Federal Clean Water Act has been completed.
b. The weekly average water temperature of all Shellfish Harvesting, Class SA and Class SB waters shall not exceed 4°F (2.2°C) above natural conditions during the fall, winter or spring, and shall not exceed 1.5°F (0.8°C) above natural conditions during the summer as a result of the discharge of heated liquids unless a different site-specific temperature standard as provided for in C.12. has been established, a mixing zone as provided for in C.10 has been established, or a Section 316(a) determination under the Federal Clean Water Act has been completed.
c. The weekly average water temperature of all Freshwaters which are lakes shall not be increased more than 5°F (2.8°C) above natural conditions and shall not exceed 90°F (32.2°C) as a result of the discharge of heated liquids unless a different site-specific temperature standard as provided for in C.12. has been established, a mixing zone as provided in C.10. has been established, or a Section 316(a) determination under the Federal Clean Water Act has been completed.
13. Numeric criteria based on organoleptic data (prevention of undesirable taste and odor) are adopted herein. Those substances and their criteria are listed in the appendix. For those substances which have aquatic life and/or human health numeric criteria and organoleptic numeric criteria, the most stringent of the three (3) shall be used for derivation of permit effluent limitations.
14. Numeric criteria for the protection and maintenance of all classes of surface waters are adopted herein and are listed in Sections E, G, and the appendix. Footnotes that further describe the application of these numeric criteria are included in the appendix.
a. Application of numeric criteria to protect aquatic life.
(1) The stated CMC value shall be used as an acute toxicity number for calculating permit effluent limitations.
(2) The stated CCC value shall be used as a chronic toxicity number for calculating permit effluent limitations.
(3) If metals concentrations for numeric criteria are hardness-dependent, the CMC and CCC concentrations shall be based on 25 mg/L hardness (as expressed as CaCO3) if the ambient hardness is less than 25 mg/L. Concentrations of hardness less than 400 mg/L maybe based on the actual mixed stream hardness if it is greater than 25 mg/L and less than 400 mg/L and 400 mg/L if the ambient hardness is greater than 400 mg/L.
(4) If separate numeric criteria are given for fresh and salt waters, they shall be applied as appropriate. In transitional tidal and estuarine areas, the Department shall apply the more stringent of the criteria to protect the existing and classified uses of the waters of the State.
(5) The Department shall review new or revised EPA criteria for adoption by South Carolina when published in final form.
(6) If the State develops site-specific criteria for any substances for which EPA has developed national criteria, the site-specific criteria shall supersede the national criteria.
b. Application of numeric criteria to protect human health.
(1) If separate numeric criteria are given for organism consumption, water and organism consumption (W/O), and drinking water Maximum Contaminant Levels (MCLs), they shall be applied as appropriate. The most stringent of the criteria shall be applied to protect the existing and classified uses of the waters of the State.
(2) The Department shall review new or revised EPA criteria for adoption by South Carolina when published in final form by EPA.
(3) If the State develops site-specific criteria for any substances for which EPA has developed national criteria, the site-specific criteria shall supersede the national criteria.
(4) Adoption of EPA human health criteria does not preclude the Department from considering health effects of other pollutants or from considering new or revised EPA criteria when developing effluent permit conditions.
c. Application of criteria for the derivation of permit effluent limitations.
(1) Numeric criteria for substances listed in Sections E, G, and the appendix shall be used by the Department to derive NPDES permit effluent limitations at the applicable critical flow conditions as determined by the Department unless an exception is provided below.
(2) When the derived permit effluent limitation based on aquatic life numeric criteria is below the practical quantitation limit for a substance, the derived permit effluent limitation shall include an accompanying statement in the permit that the practical quantitation limit using approved analytical methods shall be considered as being in compliance with the limit. Appropriate biological monitoring requirements shall be incorporated into the permit to determine compliance with appropriate water quality standards. Additionally, if naturally occurring instream concentration for a substance is higher than the derived permit effluent limitation, the Department may establish permit effluent limitations at a level higher than the derived limit, but no higher than the natural background concentration. In such cases, the Department may require biological instream monitoring and/or WET testing.
(3) When the derived permit effluent limitation based on human health numeric criteria is below the practical quantitation limit for a substance, the derived permit effluent limitation shall include an accompanying statement in the permit that the practical quantitation limit using approved analytical methods shall be considered as being in compliance with the limit. Additionally, if naturally occurring instream concentration for a substance is higher than the derived permit effluent limitation, the Department may establish permit effluent limitations at a level higher than the derived limit, but no higher than the natural background concentration.
(4) NPDES permit effluent limitations for metals shall normally be expressed on the permits as total recoverable metals, but the Department may utilize a federally-approved methodology to predict the dissolved fraction, partitioning coefficient, or the bioavailable portion of metals in calculating these limits.
(5) Except as provided herein, where application of MCLs or W/O numeric criteria using annual average flow for carcinogens, 7Q10 (or 30Q5 if provided by the applicant) for noncarcinogens, or comparable tidal conditions as determined by the Department results in permit effluent limitations more stringent than limitations derived from other applicable human health criteria (organism consumption only), aquatic life criteria, or organoleptic numeric values, MCLs or W/O shall be used in establishing permit effluent limitations for human health protection. The Department may, after Notice of Intent included in a notice of a proposed NPDES permit in accordance with R.61-9.124.10, Procedures for Decision Making, determine that drinking water MCLs or W/O shall not apply to discharges to those waterbodies where there is: no potential to affect an existing or proposed drinking water source and no state-approved source water protection area. For purposes of this section, a proposed drinking water source is one for which a complete permit application, including plans and specifications for the intake, is on file with the Department at the time of consideration of an NPDES permit application for a discharge that will affect or has the potential to affect the drinking water source.
(6) Except as provided herein, the Department may determine that an NPDES permitted discharge will not cause, have reasonable potential to cause, or contribute to an exceedance of the numeric criterion for turbidity under the following conditions:
i. The facility withdraws its surface intake water containing turbidity from the same body of water into which the discharge is made;
ii. The facility does not significantly concentrate or contribute additional turbidity to the discharged water; or
iii. The facility does not alter the turbidity through chemical or physical means that would cause adverse water quality impacts to occur.
(7) Site-specific permit effluent limitations and alternate criteria less stringent than those derived in accordance with the above requirements may be derived where it is demonstrated that such limits and criteria shall maintain the existing and classified uses, adequate opportunity for public participation in such derivation process has occurred, and the effluent shall not cause human health criteria to be exceeded. Where a site-specific permit effluent limitation and alternate criterion has been derived, such derivation shall be subject to EPA review as appropriate. Also, at a minimum, opportunity for input in derivation of a site-specific permit effluent limitation and alternate criterion shall be provided via public notice in NPDES permit notices.
(8) In order to protect recreational uses in freshwaters (including FW, and all types of Trout Waters) of the State, NPDES permit effluent limitations shall be specified as indicated below:
i. Monthly Average (E. coli)
126 MPN per 100 mL
ii. Daily Maximum (E. coli)
349 MPN per 100 mL (see c(12) below)
iii. Shellfish protection
Class SFH requirements for fecal coliform (see c(11)i. and c(11)ii. below) may be specified (in addition to the limits above) for the protection of downstream waters (regardless of their individual classification) with shellfish uses.
iv. Municipal separate storm sewer systems
For municipal separate storm sewer systems (as described in R.61-9.122.26.a.), compliance with the bacterial standards shall be determined in accordance with c(13) below.
v. Protection of upstream and/or downstream waters
Permit limitations may include (in addition to the requirements listed in c(8)i. and c(8)ii. above) one or more bacterial limitations for fecal coliform, E. coli, and/or enterococci to protect both uses in the specific receiving waterbody and also to protect any upstream and/or downstream uses that may be required. If more than one bacterial limit is required, the conditions associated with each section below shall apply independently regardless of the water classification at the point of discharge.
vi. Class ORW or ONRW protection
For Class ORW or ONRW waters, the bacterial requirements shall be those applicable to the classification of the waterbody immediately prior to reclassification to either ORW or ONRW, including consideration of natural conditions. See G.5 and G.7 for prohibitions.
(9) In order to protect recreational uses in Class SA saltwaters of the State, NPDES permit effluent limitations shall be specified as indicated below:
i. Monthly Average (enterococci)
35 MPN per 100 mL
ii. Daily Maximum (enterococci)
104 MPN per 100 mL (see c(12) below)
iii. Shellfish protection
Class SFH requirements for fecal coliform (see c(11)i. and c(11)ii. below) may be specified (in addition to the limits above) for the protection of upstream and/or downstream waters (regardless of their individual classification) with shellfish uses.
iv. Municipal separate storm sewer systems
For municipal separate storm sewer systems (as described in R.61-9.122.26.a.), compliance with the bacterial standards shall be determined in accordance with c(13) below.
v. Protection of upstream and/or downstream waters
Permit limitations may include (in addition to the requirements listed in c(9)i. and c(9)ii. above) one or more bacterial limitations for fecal coliform, E. coli, and /or enterococci to protect both uses in the specific receiving waterbody and also to protect any upstream or downstream uses that may be required. If more than one bacterial limit is required, the conditions associated with each section above or below shall apply independently regardless of the water classification at the point of discharge.
vi. Class ORW or ONRW protection
For Class ORW or ONRW waters, the bacterial requirements shall be those applicable to the classification of the waterbody immediately prior to reclassification to either ORW or ONRW, including consideration of natural conditions. See G.5 and G.7 for prohibitions.
(10) In order to protect recreational uses in Class SB saltwaters of the State, NPDES permit effluent limitations shall be specified as indicated below:
i. Monthly Average (enterococci)
35 MPN per 100 mL
ii. Daily Maximum (enterococci)
104 MPN per 100 mL (see c(12) below)
iii. Class SA recreational daily maximum and/or shellfish protection
Class SA daily maximum (see c(9)ii. above) recreational use requirements for enterococci and/or Class SFH requirements (see c(11)i. and c(11)ii. below) for fecal coliform may be specified (in addition to the limits above) for the protection of upstream and/or downstream waters (regardless of their individual classification).
iv. Municipal separate storm sewer systems
For municipal separate storm sewer systems (as described in R.61-9.122.26.a.), compliance with the bacterial standards shall be determined in accordance with c(13) below.
v. Protection of upstream and/or downstream waters
Permit limitations may include (in addition to the requirements listed in c(10)i. and c(10)ii. above) one or more bacterial limitations for fecal coliform, E. coli and /or enterococci to protect both uses in the specific receiving waterbody and also to protect any upstream or downstream uses that may be required. If more than one bacterial limit is required, the conditions associated with each section above or below shall apply independently regardless of the water classification at the point of discharge.
vi. Class ORW or ONRW protection
For Class ORW or ONRW waters, the bacterial requirements shall be those applicable to the classification of the waterbody immediately prior to reclassification to either ORW or ONRW, including consideration of natural conditions. See G.5 and G.7 for prohibitions.
(11) In order to protect for the consumption of shellfish, for any discharge either directly or indirectly in Class SFH waters or in Class SA, Class SB, ORW, or ONRW waters with existing and/or approved shellfish harvesting uses as described in Section C.7, including protection of shellfish upstream and/or downstream uses in all waters regardless of their classification, NPDES permit effluent limitations shall be specified as indicated below:
i. For protection of shellfish uses-Monthly Average (Fecal coliform)
14 MPN per 100 mL
ii. For protection of shellfish uses- Daily Maximum (Fecal coliform)
43 MPN per 100 mL (see c(12) below)
iii. For protection of recreational uses - Monthly Average (enterococci)
35 MPN per 100 mL
iv. For protection of recreational uses-Daily Maximum (enterococci)
104 MPN per 100 mL (see c(12) below)
v. Protection of upstream and/or downstream waters
Permit limitations may include (in addition to the requirements listed in c(11)i. through c(11)iv. above) one or more bacterial limitations for fecal coliform, E. coli and /or enterococci to protect both uses in the specific receiving waterbody and also to protect any upstream or downstream uses that may be required. If more than one bacterial limit is required, the conditions associated with each section above shall apply independently regardless of the water classification at the point of discharge.
vi. Municipal separate storm sewer systems
For municipal separate storm sewer systems (as described in R.61-9.122.26.a.), compliance with the bacterial standards shall be determined in accordance with c(13) below.
(12) Provided the permittee verifies in writing to the Department that conditions (12)i. through (12)iv. below have been met, the permittee would be in compliance with the daily maximum bacterial requirement. However, nothing in this regulation precludes the Department from taking action, depending on the individual circumstances, to protect public health and/or the environment.
i. If the facility exceeds the permitted Daily Maximum bacterial limitation listed above (for E. coli, enterococci, or fecal coliform) but two (2) additional samples collected within forty-eight (48) hours of the original sample result do NOT exceed the required Daily Maximum limit; and
(A) For all waters not involving shellfish protection (regardless of the specific water classification), the individual bacterial sample result has not exceeded 800 MPN per 100 mL, and for those waters involving shellfish protection, the individual bacterial sample result for fecal coliform has not exceeded 200 MPN per 100 mL; and
(B) There is neither an existing Consent Order nor Administrative Order associated with the facilities operation of their disinfection system; and
(C) Either:
1. For facilities that routinely collect ten (10) bacterial samples per month (or one hundred twenty (120) or more samples per calendar year), there were no more than four (4) total bacteria samples exceeding the daily maximum limit in the previous twelve (12) months; or
2. For facilities other than those listed in (C)1. above (e.g., smaller facilities or those that do not routinely collect ten (10) samples or more per month), there was no more than one (1) bacterial sample exceeding the daily maximum limit in the previous twelve (12) months; and
ii. The permittee verifies that all disinfection equipment was fully functional, and the solids handling system was fully functional during that monitoring period; and
iii. Any additional bacterial sampling collected during the monthly monitoring period when the daily maximum exceedance occurred was reasonably distributed in time while maintaining representative sampling; and
iv. The permittee must provide sufficient laboratory data sensitivity (e.g., dilutions) to accurately represent the effluent bacterial concentration to utilize this procedure. Effluent bacterial results reported as greater than (>) do not meet this criteria, since the actual results are unknown.
(13) For waters of the State, where a permit has been issued pursuant to R.61-9.122.26 and R.61-9.122.34, the Department shall consider the permittee in compliance with the established bacterial (i.e., E. coli, enterococci, fecal coliform) criteria for recreational uses of the waterbody if the permittee is in compliance with their permit.
(14) TMDL(s), WLA(s), and LA(s) included in currently approved freshwater fecal coliform TMDL documents shall be converted to E. coli utilizing a translator equation established by the Department and shall be based upon existing targets included in approved freshwater fecal coliform bacteria TMDL documents.
(15) All effluent permit limitations which include WET shall require that the WET tests be conducted using Ceriodaphnia dubia (C. dubia), except as stated. If the salinity of a discharge to a saline waterbody is high enough to be toxic to C. dubia, Mysidopsis bahia (M. bahia) shall be used. If the hardness of a waterbody is low enough to be toxic to C. dubia, then Daphnia ambigua (D. ambigua) may be used. Low salinity discharges to saltwater may be tested using either C. dubia or M. bahia with salinity adjustment, as determined by the Department. The Department may consider an alternative species if it can be demonstrated that the proposed species meets the requirements of 40 CFR 136.4 and 5, as approved by EPA. EPA test methods (40 CFR 136) for acute and chronic toxicity testing with freshwater organisms or marine and estuarine organisms must be followed. The Department may consider an alternative method if it can be demonstrated that the proposed method meets the requirements of 40 CFR 136 and is approved by EPA.
d. Evaluation of ambient water quality.
(1) If the numeric criterion for toxic pollutants is lower than the analytical detection limit, the criterion is not considered violated if the ambient concentration is below the detection limit and the instream indigenous biological community is not adversely impacted.
(2) If the ambient concentration is higher than the numeric criterion for toxic pollutants, the criterion is not considered violated if biological monitoring has demonstrated that the instream indigenous biological community is not adversely impacted.
(3) In order to appropriately evaluate the ambient water quality for the bioavailability of the dissolved portion of hardness dependent metals, the Department may utilize a federally-approved methodology to predict the dissolved fraction or partitioning coefficient in determining compliance with water quality standards established in this regulation.
(4) The assessment of fecal coliform for purposes of evaluating the shellfish harvesting use for South Carolina's Shellfish Management Units is conducted in accordance with provisions of R.61-47, Shellfish. R.61-47 also includes specific language describing the use of the allowable ten percent (10%) exceedance value in the shellfish program.
(5) The assessment of enterococci for purposes of issuing swimming advisories for ocean beaches for recreational use will be based on the single sample maximum of 104/100 mL.
(6) The assessment of enterococci and E. coli for purposes of Section 303(d) listing determinations for recreational uses shall be based on either the geometric mean with an allowable ten percent (10%) exceedance, where sufficient data exists to calculate a geometric mean, or the single sample maximum with an allowable ten percent (10%) exceedance.
(7) The assessment of total microcystins for purposes of issuing a swimming advisory for freshwater recreational use will be based on the single sample maximum of 8 µg/L. Once issued, the swimming advisory will remain in effect until resample results indicate the toxin concentration falls below 8 µg/L.
(8) The assessment of total microcystins for purposes of Section 303(d) listing determinations for recreational uses shall be based on no more than three (3) swimming advisories in a three (3)-year assessment period.
(9) The assessment of cylindrospermopsin for purposes of issuing a swimming advisory for freshwater recreational use will be based on the single sample maximum of 15 µg/L. Once issued, the swimming advisory will remain in effect until resample results indicate the toxin concentration falls below 15 µg/L.
(10) The assessment of cylindrospermopsin for purposes of Section 303(d) listing determinations for recreational uses shall be based on no more than three (3) swimming advisories in a three (3)-year assessment period.
15. The Department may require biological or other monitoring in NPDES permits to further ascertain any bioaccumulative effects of pollutants. Such monitoring may include analyses of fish and shellfish, macroinvertebrates, macrophytes, and/or sediments in order to assess the accumulation of pollutants in tissues or sediments that:
a. May cause or have the potential to cause adverse impacts to the balanced indigenous aquatic community; and
b. May cause or have the potential to cause adverse impacts to human health and/or terrestrial flora and fauna.
16. The Department may consider other scientifically-defensible published data which are appropriate for use in developing permit limits and evaluating water quality for constituents for which EPA has not developed national criteria or South Carolina has no standards.
a. The Department shall apply a sensitivity factor to aquatic toxicity data unless, in the Department's judgment, the data represent a minimum of three (3) appropriately sensitive species representing three (3) taxonomic groups (plant, macroinvertebrate, and fish).
(1) If only an acute toxicity effect concentration for a number of species for a particular pollutant is given as an LC50, the lowest concentration should be divided by an acute-to-chronic ratio (ACR) of ten (10) and a sensitivity factor of 3.3, for an acceptable instream concentration in order to protect against chronic toxicity effects.
(2) If a chronic toxicity effect concentration for a number of species for a particular pollutant is given as a no observed effect concentration (NOEC), the lowest concentration should be divided by a sensitivity factor of 3.3 in order to protect against chronic toxicity to the most sensitive species.
b. The Department must notify the permittee that other such data were used in developing permit limits and provide justification for their use.
17. Tests or analytical methods to determine compliance or non-compliance with standards shall be made in accordance with methods and procedures approved by the Department and the EPA. In making any tests or applying analytical methods to determine compliance or non-compliance with water quality standards, representative samples shall be collected in accordance with methods and procedures approved by the Department and the EPA. Consideration of representative sample methods shall include the following:
a. Surface water and ground water samples shall be collected so as to permit a realistic appraisal of quality and actual or potential damage to existing or classified water uses. For ground waters, consideration shall be given to, but shall not be limited to, depth to water table, flow direction, and velocity. For surface waters, time of day, flow, surface area, and depth shall be considered.
b. Biological assessment methods may be employed in appropriate situations to determine abnormal nutrient enrichment, trophic condition, LC50, concentration of toxic substances, acceptable instream concentrations, or acceptable effluent concentrations for maintenance of a balanced indigenous aquatic community.
c. Temporal distribution of samples in tidally influenced waters shall cover the full range of tidal conditions.
d. Ambient toxicity tests used for screening purposes shall be conducted using Ceriodaphnia dubia (C. dubia), except as stated. If salinity of a waterbody is high enough to be toxic to C. dubia, Mysidopsis bahia (M. bahia) will be used. If the hardness of a waterbody is low enough to be toxic to C. dubia, then Daphnia ambigua (D. ambigua) may be used. The Department may consider an alternative species if it can be demonstrated that the proposed species meets the requirements of 40 CFR Part 136.4 and 5, as approved by EPA. EPA test methods (40 CFR Part 136) for acute and chronic toxicity testing with freshwater organisms or marine and estuarine organisms must be followed. The Department may consider an alternative method if it can be demonstrated that the proposed method meets the requirements of 40 CFR Part 136, and is approved by EPA.
18. For the protection of human health, methylmercury concentration in fish or shellfish shall not exceed 0.3 mg/kg in wet weight of edible tissue.
a. NPDES permit implementation for methylmercury will require mercury monitoring, assessment and minimization for discharges that meet the following conditions;
(1) The receiving stream is impaired for methylmercury in fish or shellfish tissue; and
(2) The discharge or proposed discharge has consistently quantifiable levels of mercury.
b. The need for a total mercury effluent limit, for the protection of aquatic life and/or human health, pursuant to R.61-9.122.44(d), shall be based on a reasonable potential analysis of the discharge compared to the mercury standards for ambient waters.
19. The assessment of methylmercury in fish or shellfish for purposes of Section 303(d) listing determinations shall be based on the Department's Fish Consumption Advisories.
F. NARRATIVE BIOLOGICAL CRITERIA.
1. Narrative biological criteria are contained in this regulation and are described throughout the sections where applicable. The following are general statements regarding these narrative biological criteria.
a. Narrative biological criteria in Section A.4. describe the goals of the Department to maintain and improve all surface waters to a level that provides for the survival and propagation of a balanced indigenous aquatic community of fauna and flora. These narrative criteria are determined by the Department based on the condition of the waters of the State by measurements of physical, chemical, and biological characteristics of the waters according to their classified uses.
b. Section C.10. describes narrative biological criteria relative to surface water mixing zones and specifies requirements necessary for the protection and propagation of a balanced indigenous aquatic community.
c. Narrative biological criteria shall be consistent with the objective of maintaining and improving all surface waters to a level that provides for the survival and propagation of a balanced indigenous aquatic community of fauna and flora attainable in waters of the State, and in all cases shall protect against degradation of the highest existing or classified uses or biological conditions in compliance with the antidegradation rules contained in this regulation. Section D.1.a. describes narrative biological criteria relative to activities in Outstanding National Resource Waters, Outstanding Resource Waters, and Shellfish Harvesting Waters.
d. In order to determine the biological quality of the waters of the State, it is necessary that the biological component be assessed by comparison to a reference condition(s) based upon similar hydrologic and watershed characteristics that represent the optimum natural condition for that system. Such reference condition(s) or reaches of waterbodies shall be those observed to support the greatest variety and abundance of aquatic life in the region as is expected to be or would be with a minimal amount of disturbance from anthropogenic sources. Impacts from urbanization and agriculture should be minimal and natural vegetation should dominate the land cover. There should also be an appropriate diversity of substrate. Reference condition(s) shall be determined by consistent sampling and reliable measures of selected indicative communities of flora and fauna as established by the Department and may be used in conjunction with acceptable physical, chemical, and microbial water quality measurements and records judged to be appropriate for this purpose. Narrative biological criteria relative to activities in all waters are described in Section E.
e. In the Class Descriptions, Designations, and Specific Standards for Surface Waters Section, all water use classifications protect for a balanced indigenous aquatic community of fauna and flora. In addition, Trout Natural and Trout Put, Grow, and Take classifications protect for reproducing trout populations and stocked trout populations, respectively.
2. [Reserved].
G. CLASS DESCRIPTIONS, DESIGNATIONS, AND SPECIFIC STANDARDS FOR SURFACE WATERS.
1. All surface waters of the State, except as discussed in Section C., shall be identified within one of the classes described below. The Department may determine in accordance with Section 312 of the Clean Water Act that for some waterbodies (or portions of waterbodies), the designation of No Discharge Zone (NDZ) for Marine Sanitation Devices (MSDs) shall be enacted with application of the existing classified standards of the waterbody. Those waters classified by name shall be listed in R.61-69, Classified Waters, along with the NDZ designation, if applicable.
2. Where a surface waterbody is tributary to waters of a higher class, the quality of the water in the tributary shall be protected to maintain the standards of the higher classified receiving water.
3. For items not listed in each class, criteria published pursuant to Sections 304(a) and 307(a) of the Federal Clean Water Act or other documents shall be used as guides to determine conditions which protect water uses. Many of these criteria are listed in the appendix to this regulation. For consideration of natural conditions, refer to Sections: C.9., D.4., E.12., E.14.c.(2), E.14.c.(3), F.4.d., G.4., G.6., and G.9. For the following numeric criteria for turbidity (with the exception of Outstanding National Resource Waters, Outstanding Resource Waters, Trout Waters, and Shellfish Harvesting Waters), compliance with these turbidity criteria may be considered to be met as long as the waterbody supports a balanced indigenous aquatic community when land management activities employ Best Management Practices (BMPs). For consideration, BMPs must be in full compliance with all specifications governing the proper design, installation, operation, and maintenance of such BMPs and all applicable permit conditions and requirements must be met.
4. Outstanding National Resource Waters (ONRW) are freshwaters or saltwaters which constitute an outstanding national recreational or ecological resource.
Quality Standards for Outstanding National Resource Waters
ITEMS
STANDARDS
a. Color, dissolved oxygen, fecal coliform, enterococci, E. coli, pH, temperature, turbidity, and other parameters.
Water quality conditions shall be maintained and protected to the extent of the Department's statutory authority. Numeric and narrative criteria for Class ONRW shall be those applicable to the classification of the waterbody immediately prior to reclassification to Class ONRW, including consideration of natural conditions.
5. In order to maintain the existing quality of Class ONRW waters the following additional standards apply:
ITEMS
STANDARDS
a. Discharge from domestic, industrial, or agricultural waste treatment facilities; aquaculture; open water dredged spoil disposal.
None allowed.
b. Stormwater, and other nonpoint source runoff, including that from agricultural uses, or permitted discharge from aquatic farms, concentrated aquatic animal production facilities, and uncontaminated groundwater from mining.
None allowed.
c. Dumping or disposal of garbage, cinders, ashes, oils, sludge, or other refuse.
None allowed.
d. Activities or discharges from waste treatment facilities in waters upstream or tributary to ONRW waters.
Allowed if there shall be no measurable impact on the downstream ONRW consistent with antidegradation rules.
6. Outstanding Resource Waters (ORW) are freshwaters or saltwaters which constitute an outstanding recreational or ecological resource or those freshwaters suitable as a source for drinking water supply purposes with treatment levels specified by the Department.
Quality Standards for Outstanding Resource Waters
ITEMS
STANDARDS
a. Color, dissolved oxygen, fecal coliform, enterococci, E. coli, pH, temperature, turbidity, and other parameters.
Water quality conditions shall be maintained and protected to the extent of the Department's statutory authority. Numeric and narrative criteria for Class ORW shall be those applicable to the classification of the waterbody immediately prior to reclassification to Class ORW, including consideration of natural conditions.
7. In order to maintain the existing quality of Class ORW waters the following additional standards apply:
ITEMS
STANDARDS
a. Discharge from domestic, industrial, agricultural waste treatment facilities; aquaculture; open water dredged spoil disposal.
None allowed.
b. Stormwater, and other nonpoint source runoff, including that from agricultural uses, or permitted discharge from aquatic farms, concentrated aquatic animal production facilities, and uncontaminated groundwater from mining.
Allowed if water quality necessary for existing and classified uses shall be maintained and protected consistent with antidegradation rules.
c. Dumping or disposal of garbage, cinders, ashes, oils, sludge, or other refuse.
None allowed.
d. Activities or discharges from waste treatment facilities in waters upstream or tributary to ORW waters.
Allowed if water quality necessary for existing and classified uses shall be maintained and protected consistent with antidegradation rules.
8. Trout Waters. The State recognizes three types of trout waters: Natural; Put, Grow, and Take; and Put and Take.
a. Natural (TN) are freshwaters suitable for supporting reproducing trout populations and a cold water balanced indigenous aquatic community of fauna and flora. Also suitable for primary and secondary contact recreation and as a source for drinking water supply after conventional treatment in accordance with the requirements of the Department. Suitable for fishing and the survival and propagation of a balanced indigenous aquatic community of fauna and flora. Suitable also for industrial and agricultural uses.
b. Put, Grow, and Take (TPGT) are freshwaters suitable for supporting growth of stocked trout populations and a balanced indigenous aquatic community of fauna and flora. Also suitable for primary and secondary contact recreation and as a source for drinking water supply after conventional treatment in accordance with the requirements of the Department. Suitable for fishing and the survival and propagation of a balanced indigenous aquatic community of fauna and flora. Suitable also for industrial and agricultural uses.
c. Put and Take (TPT) are freshwaters suitable for primary and secondary contact recreation and as a source for drinking water supply after conventional treatment in accordance with the requirements of the Department. Suitable for fishing and the survival and propagation of a balanced indigenous aquatic community of fauna and flora. Suitable also for industrial and agricultural uses. The standards of Freshwaters classification protect these uses.
9. The standards below protect the uses of Natural and Put, Grow, and Take trout waters.
Quality Standards for Trout Waters
ITEMS
STANDARDS
a. Garbage, cinders, ashes, oils, sludge, or other refuse
None allowed.
b. Treated wastes, toxic wastes, deleterious substances, colored, or other wastes except those given in a. above.
None alone or in combination with other substances or wastes in sufficient amounts to be injurious to reproducing trout populations in natural waters or stocked populations in put, grow, and take waters, or in any manner adversely affecting the taste, color, odor, or sanitary condition thereof or impairing the waters for any other best usage as determined for the specific waters which are assigned to this class.
c. Toxic pollutants listed in the appendix.
As prescribed in Section E of this regulation.
d. Stormwater, and other nonpoint source runoff, including that from agricultural uses, or permitted discharge from aquatic farms, concentrated aquatic animal production facilities, and uncontaminated groundwater from mining.
Allowed if water quality necessary for existing and classified uses shall be maintained and protected consistent with antidegradation rules.
e. Dissolved oxygen.
Not less than 6 mg/L.
f. E. coli
Not to exceed a geometric mean of 126/100 mL based on at least four (4) samples collected from a given sampling site over a 30-day period, nor shall more than ten percent (10%) of the total samples during any 30-day period exceed 349/100 mL.
g. pH.
Between 6.0 and 8.0.
h. Temperature.
Not to vary from levels existing under natural conditions, unless determined that some other temperature shall protect the classified uses.
i. Turbidity.
Not to exceed 10 Nephelometric Turbidity Units (NTUs) or ten percent (10%) above natural conditions, provided uses are maintained.
j. Total microcystins
Not to exceed 8 µg/L. For freshwater primary contact recreational use notifications and advisories samples shall not exceed 8 µg/L.
k. Cylindrospermopsin
Not to exceed 15 µg/L. For freshwater primary contact recreational use notifications and advisories samples shall not exceed 15 µg/L.
10. Freshwaters are freshwaters suitable for primary and secondary contact recreation and as a source for drinking water supply after conventional treatment in accordance with the requirements of the Department. Suitable for fishing and the survival and propagation of a balanced indigenous aquatic community of fauna and flora. Suitable also for industrial and agricultural uses.
Quality Standards for Freshwaters
ITEMS
STANDARDS
a. Garbage, cinders, ashes, oils, sludge, or other refuse
None allowed.
b. Treated wastes, toxic wastes, deleterious substances, colored, or other wastes except those given in a. above.
None alone or in combination with other substances or wastes in sufficient amounts to make the waters unsafe or unsuitable for primary contact recreation or to impair the waters for any other best usage as determined for the specific waters which are assigned to this class.
c. Toxic pollutants listed in the appendix.
As prescribed in Section E of this regulation.
d. Stormwater, and other nonpoint source runoff, including that from agricultural uses, or permitted discharge from aquatic farms, concentrated aquatic animal production facilities, and uncontaminated groundwater from mining.
Allowed if water quality necessary for existing and classified uses shall be maintained and protected consistent with antidegradation rules.
e. Dissolved oxygen.
Daily average not less than 5.0 mg/L with a low of 4.0 mg/L.
f. E. coli
Not to exceed a geometric mean of 126/100 mL based on at least four (4) samples collected from a given sampling site over a 30-day period, nor shall more than ten percent (10%) of the total samples during any 30-day period exceed 349/100 mL.
g. pH.
Between 6.0 and 8.5.
h. Temperature.
As prescribed in E.12. of this regulation.
i. Turbidity.
Not to exceed 50 NTUs provided existing uses are maintained.
Except for Lakes.
Not to exceed 25 NTUs provided existing uses are maintained.
Lakes only.
j. Total microcystins
Not to exceed 8 µg/L. For freshwater primary contact recreational use notifications and advisories samples shall not exceed 8 µg/L.
k. Cylindrospermopsin
Not to exceed 15 µg/L. For freshwater primary contact recreational use notifications and advisories samples shall not exceed 15 µg/L.
11. Shellfish Harvesting Waters (SFH) are tidal saltwaters protected for shellfish harvesting and uses listed in Class SA and Class SB. Suitable for primary and secondary contact recreation, crabbing, and fishing. Also suitable for the survival and propagation of a balanced indigenous aquatic community of marine fauna and flora.
Quality Standards for Shellfish Harvesting Waters
ITEMS
STANDARDS
a. Garbage, cinders, ashes, oils, sludge, or other refuse
None allowed.
b. Treated wastes, toxic wastes, deleterious substances, colored or other wastes except those given in a. above.
None alone or in combination with other substances or wastes in sufficient amounts to adversely affect the taste, color, odor, or sanitary condition of clams, mussels, or oysters for human consumption; or to impair the waters for any best usage as determined for the specific waters which are assigned to this class.
c. Toxic pollutants listed in the appendix.
As prescribed in Section E of this regulation.
d. Stormwater, and other nonpoint source runoff, including that from agricultural uses, or permitted discharge from aquatic farms, and concentrated aquatic animal production facilities.
Allowed if water quality necessary for existing and classified uses shall be maintained and protected consistent with antidegradation rules.
e. Dissolved oxygen.
Daily average not less than 5.0 mg/L with a low of 4 mg/L.
f. Fecal coliform.
Not to exceed an MPN fecal coliform geometric mean of 14/100 mL; nor shall more than ten percent (10%) of the samples exceed an MPN of 43/100 mL.
g. Enterococci.
Not to exceed a geometric mean of 35/100 mL based on at least four (4) samples collected from a given sampling site over a 30-day period; nor shall more than ten percent (10%) of the samples exceed a single sample maximum of 104/100 mL during any 30-day period. Additionally, for beach monitoring and notification activities for CWA Section 406 only, samples shall not exceed a single sample maximum of 104/100 mL.
h. pH.
Shall not vary more than three tenths (3/10) of a pH unit above or below that of effluent-free waters in the same geological area having a similar total alkalinity and temperature, but not lower than 6.5 or above 8.5.
i. Temperature.
As prescribed in E.12. of this regulation.
j. Turbidity.
Not to exceed 25 NTUs provided existing uses are maintained.
k. The Department may designate prohibited areas where shellfish harvesting for market purposes or human consumption shall not be allowed, consistent with the antidegradation rule, Section D.1.a. of this regulation.
12. Class SA are tidal saltwaters suitable for primary and secondary contact recreation, crabbing, and fishing, except harvesting of clams, mussels, or oysters for market purposes or human consumption and uses listed in Class SB. Also suitable for the survival and propagation of a balanced indigenous aquatic community of marine fauna and flora.
Quality Standards for Class SA Waters
ITEMS
STANDARDS
a. Garbage, cinders, ashes, oils, sludge, or other refuse.
None allowed.
b. Treated wastes, toxic wastes, deleterious substances, colored, or other wastes except those given in a. above.
None alone or in combination with other substances or wastes in sufficient amounts to make the waters unsafe or unsuitable for primary contact recreation or to impair the waters for any other best usage as determined for the specific waters which are assigned to this class.
c. Toxic pollutants listed in the appendix.
As prescribed in Section E of this regulation.
d. Stormwater, and other nonpoint source runoff, including that from agricultural uses, or permitted discharge from aquatic farms, and concentrated aquatic animal production facilities.
Allowed if water quality necessary for existing and classified uses shall be maintained and protected consistent with antidegradation rules.
e. Dissolved oxygen.
Daily average not less than 5.0 mg/L with a low of 4.0 mg/L.
f. Enterococci.
Not to exceed a geometric mean of 35/100 mL based on at least four (4) samples collected from a given sampling site over a 30-day period; nor shall more than ten percent (10%) of the samples exceed a single sample maximum of 104/100 mL during any 30-day period. Additionally, for beach monitoring and notification activities for CWA Section 406 only, samples shall not exceed a single sample maximum of 104/100 mL.
g. pH.
Shall not vary more than one-half (1/2) of a pH unit above or below that of effluent-free waters in the same geological area having a similar total salinity, alkalinity, and temperature, but not lower than 6.5 or above 8.5.
h. Temperature.
As prescribed in E.12. of this regulation.
i. Turbidity.
Not to exceed 25 NTUs provided existing uses are maintained.
j. The Department shall protect existing shellfish harvesting uses found in Class SA waters consistent with the antidegradation rule, Section D.1.a. of this regulation and shall establish permit limits in accordance with Section E.14.c(8), (9), (10), and (11) and Section G.11.f. of this regulation.
13. Class SB are tidal saltwaters suitable for primary and secondary contact recreation, crabbing, and fishing, except harvesting of clams, mussels, or oysters for market purposes or human consumption. Also suitable for the survival and propagation of a balanced indigenous aquatic community of marine fauna and flora.
Quality Standards for Class SB Waters
ITEMS
STANDARDS
a. Garbage, cinders, ashes, oils, sludge, or other refuse
None allowed.
b. Treated wastes, toxic wastes, deleterious substances, colored, or other wastes except those given in a. above.
None alone or in combination with other substances or wastes in sufficient amounts to make the waters unsafe or unsuitable for primary contact recreation or to impair the waters for any other best usage as determined for the specific waters which are assigned to this class.
c. Toxic pollutants listed in the appendix.
As prescribed in Section E of this regulation.
d. Stormwater, and other nonpoint source runoff, including that from agricultural uses, or permitted discharge from aquatic farms, and concentrated aquatic animal production facilities.
Allowed if water quality necessary for existing and classified uses shall be maintained and protected consistent with antidegradation rules.
e. Dissolved oxygen.
Not less than 4.0 mg/L.
f. Enterococci.
Not to exceed a geometric mean of 35/100 mL based on at least four (4) samples collected from a given sampling site over a 30-day period; nor shall more than ten percent (10%) of the samples exceed a single sample maximum of 104/100 mL during any 30-day period. Additionally, for beach monitoring and notification activities for CWA Section 406 only, samples shall not exceed a single sample maximum of 104/100 mL.
g. pH.
Shall not vary more than one-half (1/2) of a pH unit above or below that of effluent-free waters in the same geological area having a similar total salinity, alkalinity, and temperature, but not lower than 6.5 or above 8.5
h. Temperature.
As prescribed in E.12. of this regulation.
i. Turbidity.
Not to exceed 25 NTUs provided existing uses are maintained.
j. The Department shall protect existing shellfish harvesting uses found in Class SB waters consistent with the antidegradation rule, Section D.1.a., of this regulation and shall establish permit limits in accordance with Section E.14.c(8), (9), (10), and (11) and Section G.11.f. of this regulation.
H. CLASS DESCRIPTIONS AND SPECIFIC STANDARDS FOR GROUND WATERS.
1. All ground waters of the State, except within mixing zones, shall be identified within one of the classes described below.
2. It is the policy of the Department to maintain the quality of ground water consistent with the highest potential uses. Most South Carolina ground water is presently suitable for drinking water without treatment and the State relies heavily upon ground water for drinking water. For this reason, all South Carolina ground water is classified Class GB effective on June 28, 1985.
3. The Department recognizes that Class GB may not be suitable for some ground water. Class GA is established for exceptionally valuable ground water and Class GC is established for ground water with little potential as an underground source of drinking water.
4. In keeping with this policy, the Department declares that effective June 28, 1985, all ground waters of the State shall be protected to a quality consistent with the use associated with the classes described herein. Further, the Department may require the owner or operator of a contaminated site to restore the ground water quality to a level that maintains and supports the existing and classified uses (except classified uses within mixing zones, as described in this regulation). For purposes of this section, the term operator means any person in control of, or having responsibility for, the operation of on-site activities or property and owner means a person or a previous person who has assumed legal ownership of a property through the provisions of a contract of sale or other legally binding transfer of ownership. The term owner also means any person who owned, operated, or otherwise controlled activities at such site before the title or control of which was conveyed to a unit of State or local government due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means. However, nothing in this section shall be construed to supersede specific statutory or regulatory provision that relieves owners or operators of certain contaminated sites from liability for restoration of groundwater, including, without limitation, S.C. Code Section 44-2-80 (b) and (c). The term does not include a unit of State or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to the release or threatened release of a contaminant from the site, and such a State or local government shall be subject to these provisions in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity.
5. A ground water monitoring program approved by the Department may be required for any existing or proposed disposal system or other activities to determine the ground water quality affected by such systems or activities. Such monitoring program may be required through the Department's permitting and certification programs.
6. Those ground waters which are classified Class GA or Class GC after petition and proper administrative procedures other than Class GB shall be described by location and listed in R.61-69.
7. Class GA are those ground waters that are highly vulnerable to contamination because of the hydrological characteristics of the areas under which they occur and that are also characterized by either of the following two factors:
a. Irreplaceable, in that no reasonable alternative source of drinking water is available to substantial populations; or
b. Ecologically vital, in that the ground water provides the base flow for a particularly sensitive ecological system that, if polluted, would destroy a unique habitat.
8. The standards below protect these ground waters:
Quality Standards for Class GA Ground Waters
ITEMS
STANDARDS
a. Treated wastes, toxic wastes, deleterious substances, or constituents thereof.
None allowed.
9. Class GB. All ground waters of the State, unless classified otherwise, which meet the definition of underground sources of drinking water (USDW) as defined in Section B.
Quality Standards for Class GB Ground Waters
ITEMS
STANDARDS
a. Inorganic chemicals.
Maximum contaminated levels as set forth in R.61-58, State Primary Drinking Water Regulations.
b. Organic chemicals.
Maximum contaminated levels as set forth in R.61-58, State Primary Drinking Water Regulations.
c. Man-made radionuclides, priority pollutant volatile organic compounds, herbicides, polychlorinated biphenyls, and other synthetic organic compounds not specified above, treated wastes, thermal wastes, colored wastes, or other wastes of constituents thereof.
Not to exceed concentrations or amounts such as to interfere with the use actual or intended, as determined by the Department.
10. Class GC are those ground waters not considered potential sources of drinking water and of limited beneficial use, i.e., ground waters that exceed a concentration of 10,000 mg/L total dissolved solids or are otherwise contaminated beyond levels that allow cleanup using methods reasonably employed in public water system treatment. These ground waters also must not migrate to Class GA or Class GB ground waters or have a discharge to surface water that could cause degradation.
Quality Standards for Class GC Ground Waters
ITEMS
STANDARDS
a. Treated wastes, toxic wastes, deleterious substances, or constituents thereof.
None which interfere with any existing use of an underground source of drinking water.
I. SEVERABILITY.
Should any section, paragraph, or other part of this regulation be declared invalid for any reason, the remainder shall not be affected.
HISTORY: Amended by State Register Volume 9, Issue No. 6, eff June 28, 1985; State Register Volume 11, Issue No. 1, eff January 22, 1988; State Register Volume 14, Issue No. 4, eff April 27, 1990; State Register Volume 15, Issue No. 4, eff April 26, 1991; State Register Volume 16, Issue No. 4, eff April 24, 1992; State Register Volume 17, Issue No. 5, Part l, eff May 28, 1993; State Register Volume 22, Issue No. 6, Part 2, eff June 26, 1998; State Register Volume 25, Issue No. 6, eff June 22, 2001; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 32, Issue No. 4, eff April 25, 2008; State Register Volume 36, Issue No. 2, eff February 24, 2012; State Register Volume 36, Issue No. 6, eff June 22, 2012; State Register Volume 38, Issue No. 6, Doc. No. 4425, eff June 27, 2014; SCSR 44-6 Doc. No. 4887, eff June 26, 2020; SCSR 47-5 Doc. No. 5119, eff May 26, 2023.
APPENDIX: WATER QUALITY NUMERIC CRITERIA FOR THE PROTECTION OF AQUATIC LIFE AND HUMAN HEALTH
This appendix contains three charts (priority pollutants, nonpriority pollutants, and organoleptic effects) of numeric criteria for the protection of human health and aquatic life. The appendix also contains four attachments which address hardness conversions and application of ammonia criteria. Footnotes specific to each chart follow the chart. General footnotes pertaining to all are at the end of the charts prior to the attachments. The numeric criteria developed and published by EPA are hereby incorporated into this regulation. Please refer to the text of the regulation for other general information and specifications in applying these numeric criteria.
ORGANOLEPTIC EFFECTS
Pollutant
CAS Number
Organoleptic Effect Criteria
(µg/L)
FR Cite/Source
1
Acenaphthene
83329
20
Gold Book
2
Chlorobenzene
108907
20
Gold Book
3
3-Chlorophenol
0.1
Gold Book
4
4-Chlorophenol
106489
0.1
Gold Book
5
2, 3-Dichlorophenol
0.04
Gold Book
6
2, 5-Dichlorophenol
0.5
Gold Book
7
2, 6-Dichlorophenol
0.2
Gold Book
8
3, 4-Dichlorophenol
0.3
Gold Book
9
2, 4, 5-Trichlorophenol
95954
1
Gold Book
10
2, 4, 6-Trichlorophenol
88062
2
Gold Book
11
2, 3, 4, 6-Tetrachlorophenol
1
Gold Book
12
2-Methyl-4-Chlorophenol
1,800
Gold Book
13
3-Methyl-4-Chlorophenol
59507
3,000
Gold Book
14
3-Methyl-6-Chlorophenol
20
Gold Book
15
2-Chlorophenol
95578
0.1
Gold Book
16
Copper
7440508
1,000
Gold Book
17
2, 4-Dichlorophenol
120832
0.3
Gold Book
18
2, 4-Dimethylphenol
105679
400
Gold Book
19
Hexachlorocyclopentadiene
77474
1
Gold Book
20
Nitrobenzene
98953
30
Gold Book
21
Pentachlorophenol
87865
30
Gold Book
22
Phenol
108952
300
Gold Book
23
Zinc
7440666
5,000
45FR79341
Footnote:
These criteria are based on organoleptic (taste and odor) effects. Because of variations in chemical nomenclature systems, this listing of pollutants does not duplicate the listing in Appendix A of 40 CFR Part 423. Also listed are the Chemical Abstracts Service (CAS) registry numbers, which provide a unique identification for each chemical.
WATER QUALITY CRITERIA ADDITIONAL NOTES
1. Criteria Maximum Concentration and Criterion Continuous Concentration
The Criteria Maximum Concentration (CMC) is an estimate of the highest concentration of a material in surface water to which an aquatic community can be exposed briefly without resulting in an unacceptable effect. The Criterion Continuous Concentration (CCC) is an estimate of the highest concentration of a material in surface water to which an aquatic community can be exposed indefinitely without resulting in an unacceptable effect. The CMC and CCC are just two of the six parts of an aquatic life criterion; the other four parts are the acute averaging period, chronic averaging period, acute frequency of allowed exceedance, and chronic frequency of allowed exceedance.
2. Criteria for Priority Pollutants, Non Priority Pollutants and Organoleptic Effects
This appendix lists all priority toxic pollutants and some nonpriority toxic pollutants, and both human health effect and organoleptic effect criteria issued pursuant to CWA Section 304(a), the SDWA, and the NPDWR. Blank spaces indicate that EPA has no CWA Section 304(a) criteria recommendations. Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in Appendix A of 40 CFR Part 423.
3. Human Health Risk
The human health criteria for the priority and non priority pollutants are based on carcinogenicity of 10-6 risk.
4. Water Quality Criteria published pursuant to Section 304(a) or Section 303(c) of the CWA
Many of the values in the appendix were published in the California Toxics Rule. Although such values were published pursuant to Section 303(c) of the CWA, they represent the EPA's most recent calculation of water quality criteria.
5. Calculation of Dissolved Metals Criteria
The 304(a) criteria for metals are shown as total recoverable metals. As allowed in Section E of this regulation, these criteria may be expressed as dissolved metals. Dissolved metals criteria may be calculated in one of two ways (please refer to Attachments). For freshwater metals criteria that are hardness-dependent, the dissolved metal criteria may be calculated using a hardness of 25 mg/l mg/L as expressed as CaCO3. Saltwater and freshwater metals' criteria that are not hardness-dependent are calculated by multiplying the total recoverable criteria before rounding by the appropriate conversion factors. The final metals' criteria in the table are rounded to two significant figures. Information regarding the calculation of hardness dependent conversion factors are included in the footnotes.
6. Chemical Abstract Services Number
The Chemical Abstract Services number (CAS) for each pollutant is provided (where available).
7. Gold Book Reference
The Gold Book reference listed in the appendix refers to the May 1, 1986 EPA publication EPA 440/5-86-001.
8. Federal Register Reference
The FR listed in the appendix refers to the appropriate Federal Register listing and source refers to the origin of the value. Many of the numeric values contained in this appendix have been modified, revised, or altered and therefore, the source as listed may not be the same as it appears in this table. Also, South Carolina may have selected to use a different value or may have promulgated a different value in its previous iterations of this regulation, so differences from these sources should be expected.
9. Maximum Contaminant Levels
The appendix includes Maximum Contaminant Levels (MCLs) developed under the Safe Drinking Water Act (SDWA) and the National Primary Drinking Water Regulation (NPDWR).
10. Organoleptic Effects
The appendix contains 304(a) criteria for pollutants with toxicity-based criteria as well as non-toxicity based criteria. The basis for the non-toxicity based criteria are organoleptic effects (e.g., taste and odor) which would make water and edible aquatic life unpalatable but not toxic to humans. The table includes criteria for organoleptic effects for 23 pollutants. Pollutants with organoleptic effect criteria more stringent than the criteria based on toxicity (e.g., included in both the priority and non-priority pollutant tables) are footnoted as such.
11. Category Criteria
In the 1980 criteria documents, certain water quality criteria were published for categories of pollutants rather than for individual pollutants within that category. Subsequently, in a series of separate actions, the EPA derived criteria for specific pollutants within a category. Therefore, in this appendix South Carolina is replacing criteria representing categories with individual pollutant criteria (e.g., 1, 3-dichlorobenzene, 1, 4-dichlorobenzene and 1, 2-dichlorobenzene).
12. Specific Chemical Calculations
A. Selenium
(1) Human Health
In the 1980 Selenium document, a criterion for the protection of human health from consumption of water and organisms was calculated based on a BCF of 6.0 l/kg and a maximum water-related contribution of 35 ?g Se/day. Subsequently, the EPA Office of Health and Environmental Assessment issued an errata notice (February 23, 1982), revising the BCF for selenium to 4.8 L/kg. In 1988, EPA issued an addendum (ECAO-CIN-668) revising the human health criteria for selenium. Later in the final National Toxic Rule (NTR, 57 FR 60848), EPA withdrew previously published selenium human health criteria, pending EPA review of new epidemiological data.
This appendix includes human health criteria for selenium, calculated using a BCF of 4.8 L/kg along with the current IRIS RfD of 0.005 mg/kg/day. South Carolina included these water quality criteria in the appendix because the data necessary for calculating a criteria in accordance with EPA's 1980 human health methodology are available.
(2) Aquatic Life
This appendix contains aquatic life criteria for selenium that are the same as those published in the CTR. In the CTR, EPA proposed an acute criterion for selenium based on the criterion proposed for selenium in the Water Quality Guidance for the Great Lakes System (61FR584440. The GLI and CTR proposals take into account data showing that selenium's two prevalent oxidation state in water, selenite and selenate, present differing potentials for aquatic toxicity, as well as new data indication that various forms of selenium are additive. The new approach produces a different selenium acute criterion concentration, or CMC, depending upon the relative proportions of selenite, selenate, and other forms of selenium that are present. EPA is currently undertaking a reassessment of selenium, and expects the 304(a) criterion for selenium will be revised based on the final reassessment (63FR26186). However, until such time as revised water quality criteria for selenium are published by the EPA, the water quality criteria in this appendix are EPA's current 304(a) criteria.
B. Chromium (III)
The aquatic life water quality criteria for chromium (III) included in the appendix are based on the values presented in the document titled: 1995 Updates: Water Quality Criteria Documents for the Protection of Aquatic Life in Ambient Water.
C. PCBs
In this appendix, South Carolina is publishing aquatic life and human health criteria based on total PCBs rather than individual arochlors.
Attachment 1 - Conversion Factors for Dissolved Metals
Metal
Conversion Factor
freshwater CMC
Conversion Factor
freshwater CCC
Conversion Factor
saltwater CMC
Conversion Factor
saltwater CCC
Arsenic
1.000
1.000
1.000
1.000
Cadmium
1.136672-[(ln hardness)(0.041838)]
1.101672-[(ln hardness)(0.041838)]
0.994
0.994
Chromium III
0.316
0.860
-
-
Chromium VI
0.982
0.962
0.993
0.993
Copper
0.960
0.960
0.83
0.83
Lead
1.46203-[(ln hardness)(0.145712)]
1.46203-[(ln hardness)(0.145712)]
0.951
0.951
Mercury
0.85
0.85
0.85
0.85
Nickel
0.998
0.997
0.990
0.990
Selenium
-
-
0.998
0.998
Silver
0.85
-
0.85
-
Zinc
0.978
0.986
0.946
0.946
Attachment 2 - Parameters for Calculating Freshwater Dissolved Metals Criteria That Are Hardness-Dependent
Freshwater Conversion Factors (CF)
Chemical
mA
bA
mC
bC
Acute
Chronic
Cadmium
0.9789 A
-3.866 A
0.7977 A
-3.909 A
1.136672-[ln (hardness)(0.041838)]
1.101672-[ln (hardness)(0.041838)]
Chromium III
0.8190
3.7256
0.8190
0.6848
0.316
0.860
Copper
0.9422
-1.700
0.8545
-1.702
0.960
0.960
Lead
1.273
-1.460
1.273
-4.705
1.46203-[ln (hardness)(0.145712)]
1.46203-[ln (hardness)(0.145712)]
Nickel
0.8460
2.255
0.8460
0.0584
0.998
0.997
Silver
1.72
-6.52
-
-
0.85
-
Zinc
0.8473
0.884
0.8473
0.884
0.978
0.986
Hardness-dependent metals criteria may be calculated from the following:
CMC (total) = exp{mA [ln(hardness)]+ bA}, or CCC (total) = exp{mC [ln(hardness)]+ bC}
CMC (dissolved) = exp{mA [ln(hardness)]+ bA} (CF), or CCC (dissolved) = exp{mC [ln (hardness)]+ bC} (CF).
Footnotes:
A This parameter was issued by the EPA in Aquatic Life Ambient Water Quality Criteria Cadmium - 2016 (EPA-820-R-16-002).
Attachment 3 - Calculation of Freshwater Ammonia Criterion
1. The one-hour average concentration of total ammonia nitrogen (in mg N/L) does not exceed, more than once every three years on the average, the CMC calculated using the following equation:
In situations where salmonids are absent, the CMC may be calculated using the following equation:
2. The thirty-day average concentration of total ammonia nitrogen (in mg N/L) does not exceed, more than once every three years on the average, the CCC calculated using the following equations:
When fish early life stages (ELS) are present:
When fish early life stages are absent:
and the highest four-day average within the 30-day period does not exceed 2.5 times the CCC.
In the absence of information substantiating that ELS are absent, the ELS present equation will be used
Attachment 4 - Calculation of the Sample Specific Freshwater Acute and Chronic Criterion for Metals
As provided in R.61-68.E.14.d(3), in order to "appropriately evaluate the ambient water quality for the bioavailability of the dissolved portion of hardness dependent metals, the Department may utilize a federally-approved methodology to predict the dissolved fraction or partitioning coefficient in determining compliance with the water quality standards." Per R.61-68.E.14.a(3), the Criterion Maximum Concentration (CMC) and the Criterion Continuous Concentration (CCC) are based on a hardness of 25 mg/L if the ambient stream hardness is equal to or less than 25 mg/L. Concentrations of hardness less than 400 mg/L may be based on the stream hardness if it is greater than 25 mg/L and less than 400 mg/L, and 400 mg/L if the ambient stream hardness is greater than 400 mg/L. In absence of actual stream hardness it is assumed to be 25 mg/L.
1. Conversion Factor for Dissolved Metals
Refer to R.61-68, Water Classifications and Standards, Attachment 2 - Parameters for Calculating Freshwater Dissolved Metals Criteria that are Hardness-Dependent to determine the appropriate parameters and conversion factor. Both CMC and CCC may be expressed as total recoverable or dissolved using the appropriate equations found in Attachment 2.
2. Partitioning Coefficient (Translator)
The partitioning coefficient (KP) is a translator for the fraction of the total recoverable metal that is bound to adsorbents in the water column, i.e. TSS. The calculation of partitioning coefficients is determined using the following equation.
KP = KPO × (TSSb) a
where
KP has units of L/kg
TSSb = In-stream Total Suspended Solids concentration in mg/L
Parameters for default partition coefficient estimation equations (KPO and a) are provided from Table 3 of The Metals Translator: Guidance For Calculating A Total Recoverable Permit Limit From A Dissolved Criterion, EPA 823-B-96-007.
Lakes
Streams
Metal
KPO
a
KPO
a
Cadmium
3.52E+06
-0.9246
4.00E+06
-1.1307
Chromium III
2.17E+06
-0.2662
3.36E+06
-0.9304
Copper
2.85E+06
-0.9000
1.04E+06
-0.7436
Lead
2.0E+06
-0.5337
2.80E+06
-0.8
Nickel
2.21E+06
-0.7578
4.90E+05
-0.5719
Zinc
3.34E+06
-0.6788
1.25E+06
-0.7038
3. Final Sample Specific Total Recoverable CMC or CCC (µg/L) Adjusted for In-Situ Hardness and TSS
The instream total recoverable concentration is determined using Equation 6.4 of The Metals Translator: Guidance For Calculating A Total Recoverable Permit Limit From A Dissolved Criterion, EPA 823-B-96-007.
CMC (total recoverable adjusted) = CMC (dissolved) × {1+ (KP × TSSb × 10-6)}
where
CMC (dissolved) = exp{mA [ln (hardness)]+ bA} (CF)
KP = KPO × (TSSb) a
TSSb = In-stream Total Suspended Solids concentration in mg/L
10-6 = Units conversion factor to express CMC (total recoverable adjusted) in µg/L
CCC (total recoverable adjusted) = CCC (dissolved) × {1+ (KP × TSSb × 10-6)}
where
CCC (dissolved) = exp{mC [ln (hardness)]+ bC} (CF)
KP = KPO × (TSSb) a
TSSb = In-stream Total Suspended Solids concentration in mg/L
10-6 = Units conversion factor to express CCC (total recoverable adjusted) in µg/L.
Note: The background TSS is assumed to be the measured instream data (mg/L) or 1 mg/L in the absence of actual instream data (based on the 5th percentile of ambient TSS data on South Carolina waterbodies from 1993-2000).
If the ambient stream metals result exceeds CMC (total recoverable adjusted) or CCC (total recoverable adjusted) based on the measured TSS and hardness collected with the metal sample it constitutes a standard exceedance. Lacking actual instream TSS and hardness data, a metals result exceeding CMC (total recoverable adjusted) or CCC (total recoverable adjusted) based on the default hardness of 25 mg/L and the default TSS value of 1 mg/L constitutes a potential standard exceedance.
HISTORY: Amended by State Register Volume 9, Issue No. 6, eff June 28, 1985; State Register Volume 11, Issue No. 1, eff January 22, 1988; State Register Volume 14, Issue No. 4, eff April 27, 1990; State Register Volume 15, Issue No. 4, eff April 26, 1991; State Register Volume 16, Issue No. 4, eff April 24, 1992; State Register Volume 17, Issue No. 5, Part l, eff May 28, 1993; State Register Volume 22, Issue No. 6, Part 2, eff June 26, 1998; State Register Volume 25, Issue No. 6, eff June 22, 2001; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 32, Issue No. 4, eff April 25, 2008; State Register Volume No. 36, Issue No. 2, eff February 24, 2012; SCSR 44-6 Doc. No. 4887, eff June 26, 2020; SCSR 47-5 Doc. No. 5119, eff May 26, 2023.
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