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 A - GENERAL INFORMATION › Section 61-79.270.A.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The following definitions apply to R.61-79.270 and
					 R.61-79.124. Terms not defined in this section have the meaning given by those
					 included in R.61-79.260 Subpart B and by S.C. Hazardous Waste Management Act
					 Section
					 44-56-10
					 et al.
"Application" means the standard forms for applying for a
					 permit, including any additions, revisions or modifications to the forms; or
					 forms approved by the Department, including any approved modifications or
					 revisions. Application also includes the information required by the Department
					 under Sections270.14 through 270.29 (contents of Part B of the
					 application).
Aquifer means a geological formation, group of formations,
					 or part of a formation that is capable of yielding a significant amount of
					 water to a well or spring.
"Closure" means the act of securing a Hazardous Waste
					 Management facility pursuant to the requirements of Part 264.
"Component" means any constituent part of a unit of any
					 group of constituent parts of a unit which are assembled to perform a specific
					 function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
"Corrective Action Management Unit" or "CAMU" means an area
					 within a facility that is designated by the Department under part 264 subpart
					 S, for the purpose of implementing corrective action requirements under
					 Section264.101 and RCRA section3008(h)(h). A CAMU shall only be used for the
					 management of remediation wastes pursuant to implementing such corrective
					 action requirements at the facility.
"CWA" means the Clean Water Act (formerly referred to as
					 the Federal Water Pollution Control Act or Federal Water Pollution Control Act
					 amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L.
					 95-576;
					 33 U.S.C.
					 1251 et seq.
Disposal means the discharge, deposit, injection, dumping,
					 spilling, leaking, or placing of any hazardous waste into or on any land or
					 water so that such hazardous waste or any constituent thereof may enter the
					 environment or be emitted into the air or discharged into any waters, including
					 ground water.
"Disposal facility" means a facility or part of a facility
					 at which hazardous waste is intentionally placed into or on the land or water,
					 and at which hazardous waste will remain after closure. The term disposal
					 facility does not include a corrective action management unit into which
					 remediation wastes are placed. (revised 12/92)
"Draft permit" means a document prepared under
					 R.61-79.124.6 indicating the tentative decision to issue or deny, modify,
					 revoke and reissue, terminate, or reissue a permit. A notice of intent to
					 terminate a permit, and a notice of intent to deny a permit, as discussed in
					 Section124.5, are types of draft permits. A denial of a request for
					 modification, revocation and reissuance, or termination, as discussed in
					 Section124.5 is not a "draft permit." A proposed permit is not a draft
					 permit.
"Elementary neutralization unit" means a device which:
(a) is used for neutralizing wastes only because they
					 exhibit the corrosivity characteristic defined in 261.22, or are listed in 261
					 Subpart D only for this reason; and
(b) meets the definition of tank, tank system, container,
					 transport vehicle, or vessel in 260.10.
"Emergency permit" means a permit issued in accordance with
					 Section270.61.
Environmental Protection Agency (EPA) means the United
					 States Environmental Protection Agency.
EPA means the United States Environmental Protection
					 Agency.
Existing hazardous waste management (HWM) facility or
					 existing facility means a facility which was in operation or for which
					 construction commenced on or before November 19, 1980. A facility has commenced
					 construction if:
(a) The owner or operator has obtained the Federal, State
					 and local approvals or permits necessary to begin physical construction; and
					 either
(b)
(1) A continuous onsite, physical construction program has
					 begun; or
(2) The owner or operator has entered into contractual
					 obligations which cannot be canceled or modified without substantial loss for
					 physical construction of the facility to be completed within a reasonable time.
"Facility" or "activity" means any HWM facility or any
					 other facility or activity (including land or appurtenances thereto) that is
					 subject to regulation under these regulations.
"Facility mailing list" means the mailing list for a
					 facility maintained by the Department in accordance with 124.10 (amended 11/90;
					 edited 12/95 ; 5/96).
"Federal, State and local approvals or permits necessary to
					 begin physical construction" means permits and approvals required under
					 Federal, State or local hazardous waste control statutes, regulations or
					 ordinances.
"Functionally equivalent component" means a component which
					 performs the same function or measurement and which meets or exceeds the
					 performance specifications of another component.
Generator means any person, by site location, whose act, or
					 process produces hazardous waste identified or listed in part 261.
Ground water means water below the land surface in a zone
					 of saturation.
Hazardous waste means a hazardous waste as defined in
					 261.3.
"Hazardous Waste Management facility (HWM facility)" means
					 all contiguous land, and structures, other appurtenances, and improvements on
					 the land, used for treating, storing, or disposing of hazardous waste. A
					 facility may consist of several treatment, storage, or disposal operational
					 units (for example, one or more landfills, surface impoundments, or
					 combinations of them).
HWM facility means Hazardous Waste Management
					 facility.
Injection well means a well into which fluids are being
					 injected.
In operation means a facility which is treating, storing,
					 or disposing of hazardous waste.
"Interim authorization" means approval by EPA of a State
					 hazardous waste program which has met the requirements of
					 section3006(g)(2)(g)(2) of RCRA and applicable requirements of part 271,
					 subpart B. (added 5/96)
Manifest means the shipping document originated and signed
					 by the generator which contains the information required by subpart B of part
					 262.
"Major facility" means any facility or activity classified
					 by the Department.
National Pollutant Discharge Elimination System means the
					 national program for issuing, modifying, revoking and reissuing, terminating,
					 monitoring and enforcing permits, and imposing and enforcing pretreatment
					 requirements, under sections307, 402, 318, and 405 of the CWA. The term
					 includes an approved program.
NPDES means National Pollutant Discharge Elimination
					 System.
New HWM facility means a Hazardous Waste Management
					 facility which began operation or for which construction commenced after
					 November 19, 1980.
"Offsite" means any site which is not onsite.
Onsite means on the same or geographically contiguous
					 property which may be divided by public or private right(s) of way, provided
					 the entrance and exit between the properties is at a crossroads intersection,
					 and access is by crossing as opposed to going along, the right(s) of way.
					 Noncontiguous properties owned by the same person but connected by a right of
					 way which the person controls and to which the public does not have access, is
					 also considered onsite property.
Owner or operator means the owner or operator of any
					 facility or activity subject to regulation under RCRA.
"Permit" means an authorization, license, or equivalent
					 control document issued by the Department to implement the requirements of this
					 Part and R.61-79.124. Permit includes permit by rule (270.60), and emergency
					 permit (270.61). Permit does not include interim status (subpart G of this
					 part), or any permit which has not yet been the subject of final agency action,
					 such as a draft permit or a proposed permit.
"Permit-by-rule" means a provision of these regulations
					 stating that a facility or activity is deemed to have a RCRA permit if it meets
					 the requirements of the provision.
Person means an individual, association, partnership,
					 corporation, municipality, State or Federal agency, or an agent or employee
					 thereof.
"Physical construction" means excavation, movement of
					 earth, erection of forms or structures, or similar activity to prepare an HWM
					 facility to accept hazardous waste.
"POTW" means publicly owned treatment works.
"Publicly owned treatment works (POTW)" means any device or
					 system used in the treatment (including recycling and reclamation) of municipal
					 sewage or industrial wastes of a liquid nature which is owned by a State or
					 municipality. This definition includes sewers, pipes, or other conveyances only
					 if they convey wastewater to a POTW providing treatment.
RCRA means the Solid Waste Disposal Act as amended by the
					 Resource Conservation and Recovery Act of 1976 ( Pub. L. 94-580, as amended by
					 Pub. L. 95-609 and Pub. L. 96-482,
					 42 U.S.C.
					 6901 et seq.)
Remedial Action Plan (RAP) means a special form of
					 hazardous waste permit that a facility owner or operator may obtain instead of
					 a permit issued under 270.3 through 270.66, to authorize the treatment, storage
					 or disposal of hazardous remediation waste (as defined in 260.10) at a
					 remediation waste management site.
"Schedule of compliance" means a schedule of remedial
					 measures included in a permit, including an enforceable sequence of interim
					 requirements (for example, actions, operations, or milestone events) leading to
					 compliance with the S.C. Hazardous Waste Management Act and regulations.
"SDWA" means the Safe Drinking Water Act.
"Site" means the land or water area where any facility or
					 activity is physically located or conducted, including adjacent land used in
					 connection with the facility or activity.
Storage means the holding of hazardous waste for a
					 temporary period, at the end of which the hazardous waste is treated, disposed,
					 or stored elsewhere.
"Transfer facility" means any transportation-related
					 facility including loading docks, parking areas, storage areas and other
					 similar areas where shipments of hazardous waste are held during the normal
					 course of transportation.
Transporter means a person engaged in the offsite
					 transportation of hazardous waste by air, rail, highway or water.
Treatment means any method, technique, or process,
					 including neutralization, designed to change the physical, chemical, or
					 biological character or composition of any hazardous waste so as to neutralize
					 such wastes, or so as to recover energy or material resources from the waste,
					 or so as to render such waste nonhazardous, or less hazardous; safer to
					 transport, store, or dispose of; or amenable for recovery, amenable for
					 storage, or reduced in volume.
"UIC" means the Underground Injection Control
					 program.
"Underground injection" means a well injection.
"Underground source of drinking water (USDW)" means an
					 aquifer or its portion:
(a)
(1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of groundwater to
					 supply a public water system; and
(i) Currently supplies drinking water for human
					 consumption; or
(ii) Contains fewer than 10,000 mg/l total dissolved
					 solids; and
(b) Which is not an exempted aquifer.
"USDW" means underground source of drinking water.
"Wastewater treatment unit" means a device which:
(a) Is part of a wastewater treatment facility which is
					 subject to regulation under either section402 or 307(b) of the Clean Water Act;
					 and
(b) receives and treats or stores an influent wastewater
					 which is a hazardous waste as defined in 261.3, or generates and accumulates a
					 wastewater treatment sludge which is a hazardous waste as defined in 261.3, or
					 treats or stores a wastewater treatment sludge which is a hazardous waste as
					 defined in 261.3; and (c) Meets the definition of tank or tank system in
					 260.10. (amended 11/90)