South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.270 - PERMIT REQUIREMENTS › Subpart B - PERMIT APPLICATION › Section 61-79.270.B.14 - Contents of Part B: General Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Part B of the permit application consists
				  of the general information requirements of this section, and the specific
				  information requirements in sections 270.14 through 270.29 applicable to the
				  facility. The part B information requirements presented in sections 270.14
				  through 270.29 reflect the standards promulgated in R.61-79.264. These
				  information requirements are necessary in order for the Department to determine
				  compliance with the R.61-79.264 standards. If owners and operators of HWM
				  facilities can demonstrate that the information prescribed in part B cannot be
				  provided to the extent required, the Department may make allowance for
				  submission of such information on a case-by-case basis. Information required in
				  part B shall be submitted to the Department and signed in accordance with the
				  requirements in section 270.11. Certain technical data, such as design drawings
				  and specifications, and engineering studies shall be certified by a qualified
				  Professional Engineer. For post-closure permits, only the information specified
				  in section 270.28 is required in part B of the permit application.
(b) General information requirements. The
				  following information is required for all HWM facilities, except as
				  R.61-79.264.1 provides otherwise:
(1) A
				  general description of the facility.
(2) Chemical and physical analyses of the
				  hazardous waste and hazardous debris to be handled at the facility. At a
				  minimum, these analyses shall contain all the information which must be known
				  to treat, store, or dispose of the wastes properly in accordance with
				  R.61-79.264.
(3) A copy of the
				  waste analysis plan required by Section 264.13(b)(b) and, if applicable,
				  Section 264.13(c)(c).
(4) A
				  description of the security procedures and equipment required by
				  R.61-79.264.14, or a justification demonstrating the reasons for requesting a
				  waiver of this requirement.
(5) A
				  copy of the general inspection schedule required by 264.15(b) Include where
				  applicable, as part of the inspection schedule, specific requirements in
				  264.174, 245.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602,
				  264.1033, 264.1052,264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and
				  264.1088.
(6) A justification of
				  any request for waiver(s) of the preparedness and prevention requirements of
				  R.61-79.264 Subpart C.
(7) A copy
				  of the contingency plan required by part 264, subpart D. Note: Include, where
				  applicable, as part of the contingency plan, specific requirements in 264.227,
				  264.255, and 264.200.
(8) A
				  description of procedures, structures, or equipment used at the facility to:
(i) Prevent hazard in unloading operations
				  (for example, ramps, special forklifts);
(ii) Prevent runoff from hazardous waste
				  handling areas to the areas of the facility or environment, or to prevent
				  flooding (for example, berms, dikes, trenches);
(iii) Prevent contamination of water
				  supplies;
(iv) Mitigate effects of
				  equipment failure and power outages; and
(v) Prevent undue exposure of personnel to
				  hazardous waste (for example, protective clothing).
(vi) Prevent releases to
				  atmosphere.
(9) A
				  description of precautions to prevent accidental ignition or reaction of
				  ignitable, reactive, or incompatible wastes as required to demonstrate
				  compliance with R.61-79.264.17 including documentation demonstrating compliance
				  with R.61-79.264.17(c)(c).
(10)
				  Traffic pattern, estimated volume (number, types of vehicles) and control [for
				  example, show turns across traffic lanes, and stacking lanes (if appropriate);
				  describe access road surfacing and load bearing capacity; show traffic control
				  signals].
(11) Facility location
				  information:
(i) In order to determine the
				  applicability of the seismic standard [R.61-79.264.18(a)] the owner or operator
				  of a new facility must identify the political jurisdiction (e.g., county,
				  township, or election district) in which the facility is proposed to be
				  located. If the county or election district is not listed in Appendix VI of
				  R.61-79.264, no further information is required to demonstrate compliance with
				  R.61-79.264.18(a)(a).
(ii) If the
				  facility is proposed to be located in an area listed in Appendix VI of
				  R.61-79.264, the owner or operator shall demonstrate compliance with the
				  seismic standard. This demonstration may be made using either published
				  geologic data or data obtained from field investigations carried out by the
				  applicant. The information provided must be of such quality to be acceptable to
				  geologists experienced in identifying and evaluating seismic activity. The
				  information submitted must show that either:
(A) No faults which have had displacement in
				  Holocene time are present, or no lineations which suggest the presence of a
				  fault (which have displacement in Holocene time) within 3,000 feet of a
				  facility are present, based on data from:
(1)
				  Published geologic studies.
(2)
				  Aerial reconnaissance of the area within a five-mile radius from the
				  facility,
(3) An analysis of aerial
				  photographs covering a 3,000 foot radius of the facility, and
(4) if needed to clarify the above data, a
				  reconnaissance based on walking portions of the area within 3,000 feet of the
				  facility, or
(B) If
				  faults (to include lineations) which have had displacement in Holocene time are
				  present within 3,000 feet of a facility, no faults pass within 200 feet of the
				  portions of the facility where treatment, storage, or disposal of hazardous
				  waste will be conducted, based on data from a comprehensive geologic analysis
				  of the site. Unless a site analysis is otherwise conclusive concerning the
				  absence of faults within 200 feet of such portions of the facility data shall
				  be obtained from a subsurface exploration (trenching) of the area within a
				  distance no less than 200 feet from portions of the facility where treatment,
				  storage, or disposal of hazardous waste will be conducted. Such trenching shall
				  be performed in a direction that is perpendicular to known faults (which have
				  had displacement in Holocene time) passing within 3,000 feet of the portions of
				  the facility where treatment, storage, or disposal of hazardous waste will be
				  conducted. Such investigation shall document with support maps and other
				  analyses, the location of any faults found.
Comment: The federal Guidance Manual for the Location
					 Standards provides greater detail on the content of each type of seismic
					 investigation and the appropriate conditions under which each approach or a
					 combination of approaches would be used.
(iii) Owners and operators of all facilities
				  shall provide an identification of whether the facility is located within a
				  100-year floodplain. This identification must indicate the source of data for
				  such determination and include a copy of the relevant Federal Insurance
				  Administration (FIA) flood map, if used, or the calculations and maps used
				  where a FIA map is not available. Information shall also be provided
				  identifying the 100-year flood level and any other special flooding factors
				  (e.g., wave action) which must be considered in designing, constructing,
				  operating, or maintaining the facility to withstand washout from a 100-year
				  flood.
Comment: Where maps for the National Flood Insurance
					 Program produced by the Federal Insurance Administration (FIA) of the Federal
					 Emergency Management Agency are available, they will normally be determinative
					 of whether a facility is located within or outside of the 100-year floodplain.
					 However, where the FIA map excludes an area (usually areas of the flood plain
					 less than 200 feet in width), these areas must be considered and a
					 determination made as to whether they are in the 100-year floodplain. Where FIA
					 maps are not available for a proposed facility location, the owner or operator
					 must use equivalent mapping techniques to determine whether the facility is
					 within the 100-year floodplain, and if so located, what the 100-year flood
					 elevation would be.
(iv)
				  Owners and operators of facilities located in the 100-year floodplain must
				  provide the following information:
(A)
				  Engineering analysis to indicate the various hydrodynamic and hydrostatic
				  forces expected to result at the site as a consequence of a 100-year
				  flood.
(B) Structural or other
				  engineering studies showing the design of operational units (e.g., tanks,
				  incinerators) and flood protection devices (e.g., floodwalls, dikes) at the
				  facility and how these will prevent washout.
(C) If applicable, and in lieu of paragraphs
				  (b)(11)(iv)(A) and (B), a detailed description of procedures to be followed to
				  remove hazardous waste to safety before the facility is flooded, including:
(1) Timing of such movement relative to flood
				  levels, including estimated time to move the waste, to show that such movement
				  can be completed before floodwaters reach the facility,
(2) A description of the location(s) to which
				  the waste will be moved and demonstration that those facilities will be
				  eligible to receive hazardous waste in accordance with the regulations under
				  R.61-79.270, R.61-79.124, and R.61-79.264 through R.61-79.266.
(3) The planned procedures, equipment, and
				  personnel to be used and the means to ensure that such resources will be
				  available in time for use.
(4) The
				  potential for accidental discharges of the waste during movement.
(v) Existing facilities
				  not in compliance with R.61-79.264.18(b)(b)shall provide a plan showing how the
				  facility will be brought into compliance and a schedule for
				  compliance.
(12) An
				  outline of both the introductory and continuing training programs by owners or
				  operators to prepare persons to operate or maintain the HWM facility in a safe
				  manner as required to demonstrate compliance with R.61-79.264.16. A brief
				  description of how training will be designed to meet actual job tasks in
				  accordance with requirements in R.61-79.264.16(a)(3)(a)(3).
(13) A copy of the closure plan and, where
				  applicable, the post-closure plan required by R.61-79.264.112, 264.118 and
				  264.197. Include where applicable, as part of the plans, specific requirements
				  in R.61-79.264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351,
				  264.601 and 264.603.
(14) For
				  hazardous waste disposal units that have been closed, documentation that
				  notices required under R.61-79.264.119 have been filed.
(15) The most recent closure cost estimate
				  for the facility prepared in accordance with R.61-79.264.142 and a copy of the
				  documentation required to demonstrate financial assurance under
				  R.61-79.264.143. For a new facility, a copy of the required documentation may
				  be submitted 60 days prior to the initial receipt of hazardous wastes, if that
				  is later than the submission of the Part B.
(16) Where applicable, the most recent
				  post-closure cost estimate for the facility prepared in accordance with
				  R.61-79.264.144 plus a copy of the documentation required to demonstrate
				  financial assurance under R.61-79.264.145. For a new facility, a copy of the
				  required documentation may be submitted 60 days prior to the initial receipt of
				  hazardous wastes, if that is later than the submission of the Part B.
(17) Where applicable, a copy of the
				  insurance policy or other documentation which comprises compliance with the
				  requirements of R.61-79.264.147(a). For a new facility, documentation showing
				  the amount of insurance meeting the specification of R.61-79.264.147(b)(a) and
				  , if applicable, R.61-79.264.147(c)(b), that the owner or operator plans to
				  have in effect before initial receipt of hazardous waste for treatment,
				  storage, or disposal. A request for a variance in the amount of required
				  coverage, for a new or existing facility, may be submitted as specified in
				  R.61-79.264.147(c).
(18) Where
				  appropriate, proof of coverage by a state financial mechanism in compliance
				  with R.61-79.264.149 or 264.150. (amended 11/90)
(19) A topographic map showing a distance of
				  1000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to
				  not more than 61.0 meters (200 feet). Contours must be shown on the map. The
				  contour interval must be sufficient to clearly show the pattern of surface
				  water flow in the vicinity of and from each operational unit of the facility.
				  For example, contours with an interval of 1.5 meters (5 feet), if relief is
				  greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if
				  relief is less than 6.1 meters (20 feet). Owners and operators of Hazardous
				  Waste Management facilities located in mountainous areas should use large
				  contour intervals to adequately show topographic profiles of facilities. The
				  map shall clearly show the following: (amended 11/90)
(i) Map scale and date.
(ii) 100-year floodplain area.
(iii) Surface waters including intermittent
				  streams.
(iv) Surrounding land uses
				  (residential, commercial, agricultural, recreational).
(v) A wind rose (i.e., prevailing windspeed
				  and direction).
(vi) Orientation of
				  the map (north arrow).
(vii) Legal
				  boundaries of the facility site.
(viii) Access control (fences,
				  gates).
(ix) Injection and
				  withdrawal wells both onsite and offsite.
(x) Buildings; treatment, storage, or
				  disposal operations; or other structures (recreational areas, runoff control
				  systems, access and internal roads, storm, sanitary, and process sewerage
				  systems, loading and unloading areas, fire control facilities, etc.)
(xi) Barriers for drainage or flood
				  control.
(xii) Location of
				  operational units within the HWM facility site, where hazardous waste is (or
				  will be) treated, stored, or disposed (include equipment cleanup areas).
Note: For large HWM facilities the Department will allow
					 the use of other scales on a case-by-case basis.
(20) Applicants may be required to submit
				  such information as may be necessary to enable the Department to carry out its
				  duties under other State or Federal laws as required in 270.3 of this part.
				  (amended 6/89)
(21) For land
				  disposal facilities, if a case-by-case extension has been approved under 268.5
				  or a petition has been approved under 268.6, a copy of the notice of approval
				  for the extension or petition is required. (amended 11/90)
(22) A summary of the pre-application
				  meeting, along with a list of attendees and their addresses, and copies of any
				  written comments or materials submitted at the meeting, as required under
				  124.31(c).
(23) A complete
				  corporate description such as a Security and Exchange Commission Annual Report,
				  or its equivalent. (amended 6/89)