reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.IX - EXEMPTION FROM WETTING FOR ANY SIZED PROJECT

Current through Register Vol. 48, No. 6, June 28, 2024
A. General Provisions.
In renovation operations, wetting is not required if:
1. The owner/operator has obtained prior
			 written approval from the Department based on a written application that
			 wetting to comply with this Section would unavoidably damage equipment or
			 present a safety hazard; and
2. The
			 owner/operator uses one or more of the following emission control methods:
a. A local exhaust ventilation and collection
			 system designed and operated to capture the particulate asbestos material
			 produced by the stripping and removal of asbestos materials. The system must
			 exhibit no visible emissions to the outside air or must be designed and
			 operated in accordance with the requirements in EPA Regulation
			 40
			 CFR 61.152, as amended, and any subsequent
			 amendments and editions;
b. A
			 glovebag system designed and operated in accordance with the requirements of
			 OSHA regulation
			 29 CFR
			 1926.1101, as amended, and any subsequent
			 amendments and editions;
c.
			 Leak-tight wrapping to contain all RACM prior to dismantlement;
3. In renovation operations where
			 wetting would result in equipment damage or a safety hazard and the methods
			 allowed in this Section cannot be used, an owner or operator may use another
			 method after obtaining written approval from the Department based on its
			 determination that the alternative method is equivalent to wetting. The
			 owner/operator shall keep a copy of the Department's written approval at the
			 work site and make it available for review by Department personnel upon
			 request.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.X - NESHAP PROJECTS

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Applicability.
The notification/application, work practice, air sampling,
				clean-up and disposal requirements of this Section shall apply to each
				owner/operator of a renovation asbestos project, where the combined amount of
				RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed
				includes at least 260 linear feet on pipes, or 160 square feet on other
				facility components, or 35 cubic feet off of facility components where the area
				or length could not be measured prior to abatement.
B. Notification/Application.
1. Each owner/operator of a renovation or
			 demolition operation to which this Section applies shall:
a. Provide the Department with written
			 notification/application at least ten complete working days prior to any
			 renovation or demolition operation, and pay all applicable project fees.
			 Acceptable delivery of the notification and fee payment is by U.S. Postal
			 Service or commercial delivery service, by hand, or by other methods deemed
			 acceptable by the Department.
b.
			 Update/revise the notification/application and pay appropriate fees as required
			 when any previously-notified information changes, including but not limited to,
			 when the amount of asbestos affected increases or decreases more than five
			 percent (5%), when the project start or completion date changes, when the
			 disposal site changes, and/or the project has been cancelled. The
			 owner/operator shall notify the Department by telephone and follow up in
			 writing as soon as possible before, but not later than, the following working
			 day.
c. Prior to each demolition
			 operation, and upon request for renovations, provide the Department with a
			 complete legible copy of the asbestos building inspection report.
d. Begin abatement on the start date
			 contained in the Department-issued asbestos project license.
e. Project designs shall be submitted at the
			 Department's request.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XI - SMALL PROJECTS

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Applicability.
The notification/application, work practice, air sampling,
				clean-up, and disposal requirements of this Section shall apply to each
				abatement project where the combined amount of RACM to be stripped, removed,
				dislodged, cut, drilled, or similarly disturbed is more than 25 but fewer than
				260 linear feet on pipes, or more than 25 but fewer than 160 square feet on
				other facility components, or more than ten but fewer than 35 cubic feet of
				RACM off of facility components such that area or length could not be measured
				prior to abatement.
B.
			 Notification/Application.
In a facility being renovated subject to this Section, the
				owner/operator shall provide the Department with written notification prior to
				any abatement and pay all applicable fees as follows:
1. Deliver the notification/application by
			 U.S. Postal Service or commercial delivery service, facsimile transmission, by
			 hand or by other methods deemed acceptable by the Department.
2. Postmark or deliver the notice at least
			 four working days before asbestos stripping or removal work or any other
			 activity begins that would break up, dislodge, or similarly disturb
			 RACM.
3. Update/revise the
			 notification/application and pay appropriate fees as required, when any
			 previously-notified information changes, including but not limited to: when the
			 amount of asbestos affected increases or decreases more than ten percent (10%),
			 when the project start or completion date changes, and/or when the disposal
			 site changes, and/or the project has been cancelled. The owner/operator shall
			 notify the Department by telephone and follow up in writing as soon as possible
			 before, but not later than, the following working day. When the amount of
			 asbestos affected changes such that the total quantity being abated qualifies
			 as a NESHAP project, prior approval must be granted by the Department for work
			 to proceed.
4. The Department may
			 waive the four working days prior notice requirement on a case-by-case
			 basis.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XII - MINOR PROJECTS

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Applicability.
The notification, work practice, clean-up, and disposal
				requirements of this Section shall apply to each abatement project where the
				combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or
				similarly disturbed is equal to or fewer than 25 linear feet on pipes, or is
				equal to or fewer than 25 square feet on other facility components, or is equal
				to or fewer than 10 cubic feet of RACM off facility components where the area
				or the length or area could not be measured prior to abatement.
B. Notification/Application.
In a facility being abated subject to this Section:
1. The owner/operator shall provide the
			 Department with a written application at least two working days prior to any
			 abatement and pay all applicable fees as follows:
a. Acceptable delivery of the notification
			 shall be by U.S. Postal Service, commercial delivery service, facsimile
			 transmission, by hand or by other methods deemed acceptable by the
			 Department.
b. Update/revise the
			 notification/application and pay appropriate fees as required when any
			 previously-notified information changes, including but not limited to: when the
			 amount of asbestos affected increases or decreases more than ten percent (10%),
			 when the project start or completion date changes, and/or when the disposal
			 site changes, and/or the project has been cancelled; or
c. The owner/operator shall notify the
			 Department by telephone and follow up in writing as soon as possible before,
			 but not later than, the following working day. When the amount of asbestos
			 affected changes such that the total quantity being abated qualifies as a small
			 or NESHAP project, prior approval must be granted by the Department for work to
			 proceed.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XIII - OPERATION AND MAINTENANCE ACTIVITIES

Current through Register Vol. 48, No. 6, June 28, 2024
A. Applicability.
1. The notification/application, work
			 practice, clean-up, and disposal requirements of this Section shall apply to
			 the non-industrial facility owner/operator and the O&M personnel covered
			 under the facility's group license.
2. Workers are limited to an activity in
			 which the amount of RACM disturbed does not exceed that which can be contained
			 in one glovebag or one 6-mil polyethylene bag measuring no greater than 60
			 inches in length and width.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XIV - GLOVEBAG TECHNIQUE

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Applicability.
1. The requirements of this
			 Section shall apply to the owner/operator of any NESHAP, small, minor, or
			 O&M abatement project when glovebag operations are implemented.
2. The owner/operator shall ensure that
			 asbestos-containing waste from glovebag operations is wet at all times during
			 abatement, storage, and transportation and is deposited in a landfill approved
			 or permitted to accept asbestos waste.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XV - NON-FRIABLE PROJECTS

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Applicability.
The requirements of this Section shall apply to the
				owner/operator of any renovation at any facility where the ACM being removed
				remains non-friable.
B.
			 Notification/Application.
1. Each
			 owner/operator shall:
a. Contact the landfill
			 to ensure acceptance of non-friable ACM waste;
b. Provide the Department with a written
			 application and obtain a Department-issued abatement license for the project
			 four (4) working days prior to beginning abatement for NESHAP sized projects of
			 160 sf or 260 Lf. The license shall be maintained at the project site for the
			 duration of the project;
c. For all
			 other projects, provide a written application prior to disposal;
d. Facilities and those in possession of a
			 temporary asbestos storage containment area license may notify the Department
			 quarterly;
e. Prior to disposing of
			 a non-regulated residential structure, provide a written application to the
			 Department;
f. Applications must
			 also be submitted for projects where waste will be disposed of
			 out-of-state;
g. Provide the
			 following information in the written application:
(1) Name, address, and telephone number of
			 property/facility owner;
(2) Street
			 address of the property or facility where removal will occur;
(3) Amount of non-friable ACM to be
			 abated;
(4) Description of material
			 (for example, cement-like tiles, asphaltic shingles, cementitious siding, roof
			 flashing); and
(5) Name, address,
			 telephone number, contact person, and location (county, city, state) of the
			 landfill that the owner/operator has contacted for disposal of ACM
			 waste;
h. The written
			 disposal license issued by the Department must accompany the non-friable ACM
			 waste to the landfill.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XVI - STANDARDS FOR DEMOLITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Applicability.
The requirements of this Section shall apply to the
				owner/operator of a facility to be demolished.
B. Notification/Application.
1. Each owner/operator of a demolition to
			 which this Section applies shall:
a. Submit to
			 the Department a written DHEC demolition application at least ten working days
			 in advance of the proposed demolition start date.
b. Delivery of the application shall be by
			 U.S. Postal Service, commercial delivery service, by hand or by other methods
			 deemed acceptable by the Department.
c. Acceptable methods of payment shall be by
			 check or money order made payable to SCDHEC, credit card (VISA, MasterCard, or
			 Discover), and cash.
d. Submit a
			 written demolition project license application for each separate facility that
			 includes all information required on the application form.
e. Submit a complete, legible copy of the
			 building inspection report, which must be less than three years old, for each
			 facility to be demolished.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XVII - OUTDOOR PROJECTS

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Applicability.
The notification, work practice, clean-up, and disposal
				requirements of this Section shall apply to each owner/operator of any
				regulated O&M or minor, small or NESHAP outdoor renovation.
B. Notification/Application.
1. NESHAP Project.
a. Each owner/operator of a renovation or
			 demolition operation to which this Section applies shall:
(1) Provide the Department with written
			 notification/application at least ten working days prior to any renovation or
			 demolition and pay all applicable project fees. Acceptable delivery of the
			 notification and fee payment is by U.S. Postal Service or commercial delivery
			 service, by hand, or by other methods deemed acceptable by the
			 Department.
(2) Update the
			 notification/application and pay appropriate fees as necessary when any
			 previously-notified information changes, including but not limited to, when the
			 amount of asbestos affected changes, when the project start or completion date
			 changes, or when the disposal site changes.
(3) Provide the Department with a legible
			 copy of the building inspection report upon request.
(4) Begin abatement on the start date
			 contained in the Department-issued asbestos project license.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XVIII - ENCAPSULATION AND ENCLOSURE

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Applicability.
1. The
			 notification/application, air sampling, work practice, clean-up, and disposal
			 requirements of this Section shall apply to each owner/operator engaged in an
			 encapsulation or enclosure operation where mechanical sprayers will be utilized
			 and the potential to disturb RACM will involve amounts greater than 160 square
			 or 260 linear feet of surfacing materials or thermal system
			 insulation.
2. Surfaces that have
			 been previously coated or treated with an encapsulant and that are not in poor
			 condition are exempt from the requirements of this Section.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XIX - REQUIREMENTS FOR TRAINING COURSES, INSTRUCTORS, AND TRAINING PROVIDERS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Asbestos
			 Training Course Licenses.
1. An asbestos
			 training course provider who intends to present asbestos training courses
			 within the State shall submit an application for approval, for each initial or
			 refresher training course discipline to be taught, that contains all
			 information necessary to verify qualifications as required by the
			 regulation.
2. An asbestos training
			 course provider must have a separate Department-issued license for each
			 different initial or refresher training course discipline.
3. Licenses for asbestos training course
			 providers will be restricted to courses approved by the Department in
			 accordance with the requirements of this regulation.
4. Each asbestos course license is valid for
			 one year from date of issue, regardless of the number of times the course is
			 taught during the year.
5. Each
			 individual seeking to teach or instruct any portion of any mandatory asbestos
			 training course, regardless of discipline, must submit an instructor
			 application that contains all information necessary to verify qualifications as
			 required by this Section and be approved by the Department.
6. When an asbestos training course
			 instructor seeks to conduct mandatory asbestos training courses in more than
			 one discipline, the instructor must be approved for each separate discipline by
			 the Department.
7. Upon initial
			 approval and licensing of an asbestos training course, the Department will
			 audit and assess the training course provider an initial audit fee prescribed
			 in this regulation.
8. Upon renewal
			 of a training course license, the training course provider will be assessed the
			 annual license renewal fee prescribed in this regulation.
9. An asbestos training course must be
			 approved and currently licensed by the Department on the date that it is taught
			 to be acceptable as a basis for documentation that the person receiving the
			 course certificate has completed the requisite training for asbestos
			 accreditation in any specific work practice topic or discipline.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XX - INDUSTRIAL MANUFACTURING AND ELECTRICAL GENERATING FACILITIES

Current through Register Vol. 48, No. 6, June 28, 2024
A. Applicability.
1. In lieu of requirements described in other
			 sections of this regulation except as specified herein, the requirements of
			 this Section shall apply to the owner of an industrial manufacturing or
			 electrical generating facility that has obtained a group license for facility
			 employees or employees of the designated long-term in-house
			 contractor.
2. Unless otherwise
			 specified herein, the applicable requirements of this regulation shall apply to
			 any asbestos project involving RACM, regardless of the size of the
			 project.
3. No person shall engage
			 in any asbestos project or abatement involving RACM unless licensed to do so by
			 the Department.
4. Industries that
			 choose not to obtain a facility group license or who hire companies or
			 individuals not covered under the facility group license shall satisfy all
			 applicable requirements described in other sections of this regulation, except
			 for with regard to the frequency with which building inspections are required,
			 as outlined in Section XX, J of this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XXI - REPRIMANDS, SUSPENSIONS AND REVOCATION

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may reprimand any licensee or revoke or suspend
				any license based upon violation of any requirement stated herein. Reasons for
				reprimand, suspension, or revocation may include, but are not limited to,
				falsification or known omission of any written submittal required as part of
				this regulation, submission of fraudulent information or documentation,
				omission or improper use of work practices, improper disposal of ACM, or spread
				of asbestos emissions beyond the containment area.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XXII - CONTESTED CASES

Current through Register Vol. 48, No. 6, June 28, 2024
A. A Department
			 decision involving the issuance, denial, renewal, suspension, or revocation of
			 a permit or license may be appealed by an affected person with standing
			 pursuant to applicable law, including S.C. Code Title 44, Chapter 1 and Title
			 1, Chapter 23.
B. Any person to
			 whom an order or civil penalty is issued may appeal it pursuant to applicable
			 law, including S.C. Code Title 44, Chapter 1 and Title 1, Chapter 23.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XXIII - RECORDS

Current through Register Vol. 48, No. 6, June 28, 2024
Each licensed asbestos owner/operator shall retain, for at
				least three years after their issuance, all records required herein unless
				otherwise stated. These records shall be made available to the Department for
				review upon request.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XXIV - OTHER REQUIREMENTS

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 requirements of this regulation shall in no way be construed to relieve the
			 owner/operator from compliance with other regulatory requirements or
			 contractual agreements that may be more restrictive.
B. The Department reserves the right to
			 assess additional fees for licensing, training course auditing, and abatement
			 activities, should enabling legislation be enacted.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-86.1 - STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS › Section 61-86.1.XXV - SEVERABILITY CLAUSE

Current through Register Vol. 48, No. 6, June 28, 2024
The provisions of Sections I through XXV of this regulation
				must be construed as separate provisions. If a provision is judged to be
				invalid in a court of law of this State, the court's decree shall apply only to
				the provision and action specified and shall have no effect on any other
				provision unless stated in the court's decree. The invalidity does not affect
				other provisions or applications of the Section which may be given effect
				without invalid provision or application and pursuant to this requirement, the
				provisions of these Sections are severable.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.1 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
These regulations set forth the specific requirements for
				controlling underground injection in the State and include provisions for: the
				classification and regulation of injection wells; prohibiting unauthorized
				injection; protecting underground sources of drinking water from injection;
				classifying underground sources of drinking water; and, requirements for
				abandonment, monitoring, and reporting for existing injection wells used to
				inject wastes or contaminants.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.3 - Scope

Current through Register Vol. 48, No. 6, June 28, 2024
These regulations apply to all persons owning, using, or
				proposing to use any well for injection, but does not include any dug hole, or
				well which is not used for emplacement of fluids. Minimum standards for
				construction and abandonment of injection wells are as those stated for all
				wells in the SC Well Standards and Regulations (R.61-71).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.4 - Prohibition of Unauthorized Injection

Current through Register Vol. 48, No. 6, June 28, 2024
The injection of any fluids to the subsurface or ground waters
				of the State by means of an injection well is prohibited except as authorized
				by a Department permit or rule.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.5 - Protection of Underground Sources of Drinking Water

Current through Register Vol. 48, No. 6, June 28, 2024
The movement of fluids containing wastes or contaminants into
				underground sources of drinking water as a result of injection is prohibited if
				the presence of the waste or contaminant:
A. May cause a violation of any drinking
			 water standard under R61-58.5; or,
B. May otherwise adversely affect the health
			 of persons.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.6 - Classification of Underground Sources of Drinking Water

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may classify (identify by narrative description,
				illustrations, maps, or other means) and shall protect, as an underground
				source of drinking water, all aquifers or parts of aquifers which meet the
				definition of an "underground source of drinking water."
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.7 - Area of Review Requirements for Class II and III Wells

Current through Register Vol. 48, No. 6, June 28, 2024
The area of review for an injection well or field, project or
				area of the State shall be a fixed radius around the well, field or project of
				one fourth mile or greater as determined by the Department. In determining the
				fixed radius, the following factors shall be taken into consideration by the
				Department:
A. Physical and chemical
			 characteristics of the injected and formation fluids;
B. Injection rate and pressure;
C. Hydrogeology;
D. Population and ground-water use and
			 dependence;
E. Historical practices
			 in the area.
F. Well design and
			 construction standards.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.8 - Corrective Action Requirements for Class II and III Wells

Current through Register Vol. 48, No. 6, June 28, 2024
A. Corrective
			 action required under these regulations for improperly sealed, completed, or
			 abandoned wells which penetrate the injection zone and are located within the
			 area of review shall consist of such steps or modifications as are necessary to
			 prevent movement of fluid into underground sources of drinking water.
B. The applicant shall identify all such
			 wells and submit a plan for corrective action with the permit
			 application.
C. If the plan is
			 determined adequate, the Department shall incorporate it into the permit as a
			 condition.
D. If review of the
			 application indicates that the applicant's plan is inadequate, the Department
			 shall require the applicant to revise the plan, prescribe a plan for corrective
			 action as a condition of the permit or deny the application.
E. To determine the adequacy of corrective
			 action proposed by the applicant and the additional steps needed to prevent
			 fluid movement into underground sources of drinking water the following
			 criteria and factors shall be considered by the Department:
(1) Nature and volume of the injected
			 fluid;
(2) Nature of formation
			 fluids or by-products of injection;
(3) Potentially affected
			 population;
(4) Geology;
(5) Hydrology;
(6) History of the
			 injection-operation;
(7) Completion
			 and plugging records;
(8)
			 Abandonment procedures in effect at the time the well was abandoned;
(9) Hydraulic connections with underground
			 sources of drinking water.
(10)
			 Well design and construction standards.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.9 - Mechanical Integrity Requirements for Class II and III Wells

Current through Register Vol. 48, No. 6, June 28, 2024
A. An injection
			 well will be considered to have mechanical integrity if:
(1) There is no measurable leak in the
			 casing, tubing or packer; and,
(2)
			 There is no measurable fluid movement into an underground source of drinking
			 water through vertical channels adjacent to the injection well bore which would
			 result in deterioration of the water quality in zones above or below the
			 injection zone.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.10 - Financial Responsibility Requirements for Class II and III Wells

Current through Register Vol. 48, No. 6, June 28, 2024
The permittee shall maintain financial responsibility and
				resources, in the form of performance bonds or other equivalent forms of
				financial assurances approved by the Department, as specified in the permit, to
				close, plug, and abandon the injection operation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.11 - Classification and Regulation of Injection Wells

Current through Register Vol. 48, No. 6, June 28, 2024
A. Class I.
(1) This class applies to industrial,
			 municipal and other injection wells for disposing of fluids into the subsurface
			 or ground water and includes:
(a) Industrial
			 disposal wells for disposing of waste other than hazardous or radioactive
			 waste;
(b) Municipal or privately
			 owned disposal wells for disposing of domestic sewage or other waste not
			 hazardous or radioactive.
(c) Wells
			 used by generators of hazardous waste or owners or operators of hazardous waste
			 management facilities to inject hazardous waste;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.12 - Abandonment, Monitoring and Reporting Requirements Applicable to Existing Injection Wells Used to Inject Waste or Contaminants

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any well, used for the injection of wastes
			 or contaminants, and constructed or in operation prior to the effective date of
			 these regulations, must be reported by the owner to the Department within
			 thirty days after the effective date. The information shall include:
(1) Location of the injection well and any
			 associated monitoring wells;
(2)
			 Name and address of injection well owner;
(3) Name and address of injection well
			 operator;
(4) Construction drawings
			 of the injection well and injection systems to include depths, composition of
			 construction, and injection system materials, etc.;
(5) Analysis of injected fluid;
(6) Date injection initially began;
(7) Records of injection rates, pressures,
			 volumes, etc. during the operating period of the well; and,
(8) Background ground-water quality
			 data.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.13 - Permitting Requirements for Class II, III, IV(2)(a), and V. A. Wells

Current through Register Vol. 48, No. 6, June 28, 2024
A. A permit shall
			 be obtained from the Department prior to constructing, operating, or using any
			 Class II, III, IV(2)(a) or V. A. well for injection.
B. All permit applications shall be signed as
			 follows:
(1) For a corporation: by a principal
			 executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship:
			 by a general partner or the proprietor, respectively; or,
(3) For a municipality, state, federal or
			 other public agency: by either a principal executive officer or ranking elected
			 official.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.14 - Criteria and Standards for Class II, III, IV(2)(a) and V.A. Wells

Current through Register Vol. 48, No. 6, June 28, 2024
A. All Class II and
			 III wells shall be sited in such a fashion that they inject into a formation
			 which is separated from any Underground Sources of Drinking Water by a
			 confining zone that is free of known open faults or fractures, or other
			 geological discontinuities within the area of review.
B. All Class II and III injection wells shall
			 be cased and cemented to prevent movement of fluids into or between underground
			 sources of drinking water. The casing and cement used in the construction of
			 each newly drilled well shall be designed for the life expectancy of the well.
(1) In determining and specifying casing and
			 cementing requirements, the following factors shall be considered:
(a) Depth to the injection zone;
(b) Depth to the bottom of all Underground
			 Sources of Drinking Waters; and,
(c) Estimated maximum and average injection
			 pressures.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.15 - Plugging and Abandonment Requirements for Injection Wells

Current through Register Vol. 48, No. 6, June 28, 2024
A. Prior to the
			 plugging or abandonment of any injection well the permittee shall:
(1) Provide advance notice of 180 days to the
			 Department;
(2) Submit a revised
			 plugging and abandonment plan to the Department which shall include:
(a) The type and number of plugs to be
			 used;
(b) The type, grade and
			 quantity of cement to be used;
(c)
			 The proposed location in the well of each plug including the elevation of the
			 top and bottom;
(d) A description
			 of the placement method for the plugs. (Placement of the cement plugs shall be
			 by the balance method, the dump bailer method, the two-plug method, or an
			 alternative method approved by the Department which will reliably provide a
			 comparable level of protection to underground sources of drinking
			 water.)
(e) Well construction
			 design details.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-87 - UNDERGROUND INJECTION CONTROL REGULATIONS › Subchapter 61-87.16 - Violations and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
			 person or persons violating these regulations shall be subject to the penalties
			 provided in Section
			 48-1-320
			 and Section
			 48-1-330, of the
			 1976 Code of Laws as amended.
B.
			 The Department will:
(1) Investigate all
			 citizen complaints;
(2) Not oppose
			 intervention by any citizen when permissive intervention may be authorized by
			 statute, rule, or regulation; and
(3) Publish notice of and provide at least 30
			 days for public comment on any proposed settlement of a State enforcement
			 action. Where the violation(s) poses an imminent and/or substantial hazard to
			 the health of persons or to the environment, the Department may waive this
			 requirement.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-88 - Repealed › Section 61-88.1 - Federal requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
			 Section505(2)(D)(2)(D) of the Social Security Act as amended effective October
			 1, 1981, requires that if a State imposes any charges for the provision of
			 health services assisted by the State under Title V of the Act, such charges
			 (i) will be pursuant to a public schedule of charges, (ii) will not be imposed
			 with respect to services provided to low income mothers or children, and (iii)
			 will be adjusted to reflect the income, resources, and family size of the
			 individual provided the services.
(b) Section501(b)(2)(b)(2) of the Social
			 Security Act as amended effective October 1, 1981, defines "low income" to
			 mean, with respect to an individual or a family, such an individual or family
			 with an income determined to be below the nonfarm income official poverty line
			 defined by the Office of Management and Budget and revised annually in
			 accordance with section624 of the Economic Opportunity Act of 1964.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-88 - Repealed › Section 61-88.2.Guidelines - for charging for maternal and child health services

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The total
			 charge for a clinic visit for maternity services shall be the amount allowed by
			 the Medicaid payment schedule including any co-payment authorized by the
			 Medicaid program. This is in conformity with the expressed intent of the
			 General Assembly that a uniform reimbursement schedule for state agencies for
			 medical services be followed.
(b)
			 The maximum total charge for any one patient during any one pregnancy and the
			 related postpartum period shall be $100.
(c) The charge for a clinic visit and the
			 maximum total charge shall be scaled down for persons with family income less
			 than 250% of poverty as follows: Below 185% poverty--no charge; 185-200%--25%
			 of charges; 200-225%--50% of charges; and 225-250%--75%.
(d) There will be no charge for child health
			 services.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-89 - Repealed › Section 61-89.1 - Federal requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
			 Section1006(c)(2)(c)(2) of the Public Health Service Act applies to Federal
			 grants to States for family planning services. It provides as follows: "no
			 charge will be made in such project or program for services provided to any
			 person from a low-income family except to the extent that payment will be made
			 by a third party (including a government agency) which is authorized or is
			 under legal obligation to pay such charge." The next sentence authorizes the
			 Secretary of Health and Human Services to define the term "low-income family"
			 in accordance with such criteria as he may prescribe so as to insure that
			 economic status shall not be a deterrent to participation in the
			 program.
(b) The present definition
			 of "low-income family" is in section 59.2 of Title 42 of the Code of Federal
			 Regulations (published June 3, 1980). It states that "low income family" means
			 a family whose total annual income does not exceed 100 percent of the most
			 recent Income Poverty Guidelines. "Low income family" also includes members of
			 families whose annual family income exceeds this amount, but who, as determined
			 by the project director, are unable, for good reasons, to pay for family
			 planning services. For example, unemancipated minors who wish to receive
			 services on a confidential basis must be considered on the basis of their own
			 resources.
(c) It is required in
			 subsection (a)(8) of Section59.5 of Title 42 of the Code of Federal Regulations
			 that family planning projects must provide that charges will be made for
			 services to persons other than those from low-income families in accordance
			 with a schedule of discounts based on ability to pay, except that charges to
			 persons from families whose annual income exceeds 250 percent of the levels set
			 forth in the most recent Income Poverty Guidelines will be made in accordance
			 with a schedule of fees designed to recover the reasonable cost of providing
			 services.
(d) The Department of
			 Health and Human Services has interpreted the word "services" in these laws to
			 include supplies.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-89 - Repealed › Section 61-89.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An Enrolled
			 family planning patient is one who is admitted to the Family Planning Program,
			 has an open family planning record, and receives services funded with Federal
			 Title X funds.
(b) A Non-enrolled
			 patient is one who is not admitted to the Family Planning program, does not
			 have an open family planning record, but who does receive some services from
			 the program.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-89 - Repealed › Section 61-89.3 - Guidelines for charging enrolled and non-enrolled patients

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Pregnancy tests
Non-Enrolled: Charge actual cost of the test.
Enrolled: Sliding fee scale in the Family Planning
				Setting
Comment: Title X should not be paying for pregnancy tests done
				in general clinic or other clinic sites for non-enrolled patients. Tests should
				be purchased with other funds and charges made.
(b) Education material
Non-Enrolled: May charge actual cost
Enrolled: Free
Comment: Education materials are an important part of the
				service and should be provided free in most cases.
(c) Contraceptive Supplies
Non-Enrolled: Charge actual costs for non medical
				methods.
Enrolled: Sliding fee scale for all methods.
Comment: Medical methods may not be provided for
				non-enrolled.
(d)
			 Non-contraceptive Supplies and Medication
Non-Enrolled: Charge actual cost or give a prescription.
Enrolled: Sliding fee scale.
(e) Family Planning Related "Problem Visits"
Non-Enrolled: We should not receive "problem visits"
Enrolled: Sliding fee scale (no charge for visits which are a
				continuation of a previous visit at which service could not be
				completed)
Comment: Some visits may require limited time or be at the
				request of the clinician. Such visits do not require a charge.
(f) Services required by Federal
			 regulations
Non-Enrolled: None
Enrolled: Sliding fee scale.
Comment: If the patient is partial or full-pay and refuses to
				pay, services may be denied, except in an emergency. Refusal is implies if,
				after adequate time lapse, the client has not made a reasonable effort to pay
				the charges. See Section4(c)(c),
(g) Other personal health services
Non-Enrolled: Charge actual cost or clinic fee.
Enrolled: Sliding fee scale
Comments: Family Planning funds should not be used to purchase
				non-required personal health services. The staff needs to use judgment
				regarding the necessity of the service. If the client refuses to pay for the
				service, it may be denied or referral may be made to another program or another
				provider of service.
(h)
			 Gynecological services, culposcopy, or cryosurgery not directly related to
			 method use
Non-Enrolled: Charge actual cost
Enrolled: Charge actual cost
Comment: Efforts should be made to serve gynecological patients
				with resources other than family planning funds.
(i) Infertility services
Non-Enrolled: None. All infertility patients should be
				enrolled.
Enrolled: Sliding fee scale.
Comment: Usually counselling only.
(j) Sterilization
Non-Enrolled: Only provided below 150% Income Poverty
Enrolled: Only provided below 150% Income
				Poverty
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-89 - Repealed › Section 61-89.4 - General Guidelines

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
			 Patients above 250% poverty or clients who have Medicaid may be encouraged to
			 use other providers but may not be refused admission to the program. They may
			 be given a lower priority in the case load.
(b) Federal regulations require that services
			 be provided without regard to religion, race, color, national origin, creed,
			 handicapping conditions, sex, number of pregnancies, marital status, age, or
			 contraceptive preference. Particular age or risk groups may be given priority,
			 but no group may be denied service because of any of the listed
			 factors.
(c) Services, including
			 supplies and medications, may be denied to a client who refuses to pay, if
			 there is documentation that the client has adequate resources. This requires
			 careful counseling and documentation. Staff must discriminate between inability
			 to pay and unwillingness to pay.
(d) Documentation of income and outgo may be
			 required, according to general departmental policy, if necessary.
(e) Oral contraceptives should be supplied
			 according to the sliding fee scale. However, if the client loses her supply of
			 pills, she should be charged cost for replacement cycles. This must be
			 documented in the record. If clients abuse this policy, pills should be
			 withheld and appropriate measures taken.
(f) Donations should be actively encouraged.
			 Patients and the community should be made aware that they need to support the
			 services and that even small amounts of money will help.
(g) The District Medical Director or
			 assignees thereof may approve exceptions to these policies to recognize true
			 inability to pay for justifiable reasons, in individual cases.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-91 - Standards for Licensing Ambulatory Surgical Facilities › Sec2 61-91.100 - DEFINITIONS, REFERENCES, AND LICENSE REQUIREMENTS › Section 61-91.100.101 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of these standards, the following definitions shall apply:
A. Administrator. The individual designated by the facility licensee to have the authority and responsibility to manage the facility.
B. Adjusted Gross Revenue. Total Gross Revenue minus Medicaid and Medicare contractual adjustments only and bad debt.
C. Administering Medication. The direct application of a single dose or multi-dose of medication to the body of a patient by injection, ingestion, or any other means.
D. Advance Directive. A written statement such as a living will, a durable power of attorney for health care, or a do-not-resuscitate order relating to the provision of health care when the individual is incapacitated. The exercise by a patient of self-determination that encompasses making choices regarding life-sustaining treatment (including resuscitative services).
E. Advanced Practice Registered Nurse. An individual who has official recognition as such by the S.C. State Board of Nursing.
F. Ambulatory Surgical Facility. A facility organized and administered for the purpose of performing surgical procedures and/or endoscopy for which patients are scheduled to arrive, receive surgery, and be discharged on the same day.
1. The owner or operator shall make the facility available to other providers who comprise an organized professional staff,
i.e.
, an open medical staff (see Section 101.BB).
2. This definition does not apply to any facility used as an office or clinic for the private practice of licensed healthcare professionals (see Section 101.JJ).