reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST CLOSURE › Section 61-79.265.G.118 - Post-closure plan; amendment of plan

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Written plan. By May 19, 1981, the owner
				  or operator of a hazardous waste disposal unit must have a written postclosure
				  plan. An owner or operator of a surface impoundment or waste pile that intends
				  to remove all hazardous wastes at closure must prepare a postclosure plan and
				  submit it to the Department within 90 days of the date that the owner or
				  operator or the Department determines that the hazardous waste management unit
				  or facility must be closed as a landfill, subject to the requirements of
				  sections265.117 through 265.120.
(b) Until final closure of the facility, a
				  copy of the most current post-closure plan must be furnished to the Department
				  upon request, including request by mail. In addition, for facilities without
				  approved post-closure plans, it must also be provided during site inspections,
				  on the day of inspection, to any officer, employee or representative of the
				  Department. After final closure has been certified, the person or office
				  specified in Section265.118(c)(3)(c)(3) must keep the approved post-closure
				  plan during the post-closure period.
(c) For each hazardous waste management unit
				  subject to the requirements of this Section, the post-closure plan must
				  identify the activities that will be carried on after closure of each disposal
				  unit and the frequency of these activities, and include at least:
(1) A description of the planned monitoring
				  activities and frequencies at which they will be performed to comply with
				  R.61-79.265 Subparts F,K,L,M, and N during the post-closure care period;
				  and
(2) A description of the
				  planned maintenance activities, and frequencies at which they will be performed
				  to ensure:
(i) The integrity of the cap and
				  final cover or other containment systems in accordance with the requirements of
				  R.61-79.265 Subparts K,L,M, and N and
(ii) The function of the monitoring equipment
				  in accordance with the requirements of R.61-79.265 Subparts F,K,L,M, and N
				  and
(3) The name,
				  address, and phone number of the person or office to contact about the
				  hazardous waste disposal unit or facility during the post-closure care
				  period.
(4) [Reserved]
(5) For facilities where the Department has
				  applied alternative requirements at a regulated unit under 265.90(f), and/or
				  265.110(d), the alternative requirements that apply to the regulated
				  unit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST CLOSURE › Section 61-79.265.G.119 - Postclosure notices

Current through Register Vol. 48, No. 6, June 28, 2024
(a) No
				  later than 60 days after certification of closure of each hazardous waste
				  disposal unit, the owner or operator must submit to the local zoning authority,
				  or the authority with jurisdiction over local land use, and to the Department a
				  record of the type, location, and quantity of hazardous wastes disposed of
				  within each cell or other disposal unit of the facility. For hazardous wastes
				  disposed of before January 12, 1981, the owner or operator must identify the
				  type, location and quantity of the hazardous wastes to the best of his
				  knowledge and in accordance with any records he has kept.
(b) Within 60 days of certification of
				  closure of the first hazardous waste disposal unit and within 60 days of
				  certification of closure of the last hazardous waste disposal unit, the owner
				  or operator must:
(1) Record, in accordance
				  with State law, a notation on the deed to the facility property-or on some
				  other instrument which is normally examined during title search-that will in
				  perpetuity notify any potential purchaser of the property that:
(i) The land has been used to manage
				  hazardous wastes; and
(ii) Its use
				  is restricted under R.61-79.265, subpart G regulations; and
(iii) The survey plat and record of the type,
				  location, and quantity of hazardous wastes disposed of within each cell or
				  other hazardous waste disposal unit of the facility required by Sections265.116
				  and 265.119(a) have been filed with the local zoning authority or the authority
				  with jurisdiction over local land use and with the Department; and
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST CLOSURE › Section 61-79.265.G.120 - Certification of completion of post-closure care

Current through Register Vol. 48, No. 6, June 28, 2024
No later than 60 days after the completion of the
					 established postclosure care period for each hazardous waste disposal unit, the
					 owner or operator must submit to the Department, by registered mail, a
					 certification that the postclosure care period for the hazardous waste disposal
					 unit was performed in accordance with the specifications in the approved
					 postclosure plan. The certification must be signed by the owner or operator and
					 a qualified Professional Engineer. Documentation supporting the Professional
					 Engineer's certification must be furnished to the Department upon request until
					 he releases the owner or operator from the financial assurance requirements for
					 postclosure care under 265.145(h).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS BONDS, OR INSURANCE POLICIES › Section 61-79.265.H.140 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  requirements of sections265.142, 265.143 and 265.147 through 265.150 apply to
				  owners or operators of all hazardous waste facilities, except as provided
				  otherwise in this section or in section 265.1.
(b) The requirements of sections265.144 and
				  265.145 apply only to owners and operators of: (12/93)
(1) Disposal facilities;
(2) Tank systems that are required under
				  section265.197 to meet the requirements for landfills; and (12/93)
(3) Containment buildings that are required
				  under 265.1102 to meet the requirements for landfills. (12/93)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS BONDS, OR INSURANCE POLICIES › Section 61-79.265.H.142 - Cost estimate for closure

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The owner or operator must have a
				  detailed written estimate, in current dollars, of the cost of closing the
				  facility in accordance with the requirements in sections265.111 through 265.115
				  and applicable closure requirements in sections265.197, 265.228, 265.258,
				  265.280, 265.310, 265.351, 265.381, 265.404, and 265.1102.
(1) The estimate must equal the cost of final
				  closure at the point in the facility's active life when the extent and manner
				  of its operation would make closure the most expensive, as indicated by its
				  closure plan. [See Section265.112(b)(b)]; and
(2) The closure cost estimate must be based
				  on the costs to the owner or operator of hiring a third party to close the
				  facility. A third party is a party who is neither a parent nor a subsidiary of
				  the owner or operator. (See definition of parent corporation in
				  Section265.141(d)(d).) The owner operator may use costs for onsite disposal if
				  he can demonstrate that onsite disposal capacity will exist at all times over
				  the life of the facility.
(3) The
				  closure cost estimate may not incorporate any salvage value that may be
				  realized by the sale of hazardous wastes or non-hazardous wastes, if applicable
				  under 265.113(d), facility structures or equipment, land or other assets
				  associated with the facility at the time of partial or final
				  closures.
(4) The owner or operator
				  may not incorporate a zero cost for hazardous wastes or nonhazardous wastes if
				  applicable under section265.113(d)(d) that might have economic value.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS BONDS, OR INSURANCE POLICIES › Section 61-79.265.H.144 - Cost estimate for post-closure

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The owner or operator of a hazardous
				  waste disposal unit must have a written detailed estimate in current dollars,
				  of the annual cost of post-closure monitoring and maintenance of the facility
				  in accordance with the applicable post-closure regulations in Sections265.117
				  through 265.120, 265.228, 265.258, 265.280 and 265.310.
(1) The post-closure cost estimate must be
				  based on the costs to the owner or operator of hiring a third party to conduct
				  post-closure care activities. A third party is a party who is neither a parent
				  nor subsidiary of the owner or operator. (See definition of parent corporation
				  in Section265.141(d)(d).
(2) The
				  post-closure cost estimate is calculated by multiplying the annual post-closure
				  cost estimate by the number of years of post-closure care required under
				  Section265.117.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS BONDS, OR INSURANCE POLICIES › Section 61-79.265.H.146 - Use of a mechanism for financial assurance of both closure and post-closure care

Current through Register Vol. 48, No. 6, June 28, 2024
An owner or operator may satisfy the requirements for
					 financial assurance for both closure and post-closure care for one or more
					 facilities by using a trust fund, surety bond, letter of credit, insurance,
					 financial test, or corporate guarantee that meets the specifications for the
					 mechanism in both Sections265.143 and 265.145. The amount of funds available
					 through the mechanism must be no less than the sum of funds that would be
					 available if a separate mechanism had been established and maintained for
					 financial assurance of closure and of post-closure care.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS BONDS, OR INSURANCE POLICIES › Section 61-79.265.H.147 - Liability requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Coverage for sudden accidental occurrences. An owner or operator of a hazardous
				  waste treatment, storage, or disposal facility, or a group of such facilities,
				  must demonstrate financial responsibility for bodily injury and property damage
				  to third parties caused by sudden accidental occurrences arising from
				  operations of the facility or group of facilities. The owner or operator must
				  have and maintain liability coverage for sudden accidental occurrences in the
				  amount of at least $1 million per occurrence with an annual aggregate of at
				  least $2 million, exclusive of legal defense costs. This liability coverage may
				  be demonstrated , as specified in paragraphs (a) (1), (2), (3), (4), (5), or
				  (6) of this section: (amended 11/90)
(1) An
				  owner or operator may demonstrate the required liability coverage by having
				  liability insurance as specified in this paragraph.
(i) Each insurance policy must be amended by
				  attachment of the Hazardous Waste Facility Liability Endorsement or evidenced
				  by a Certificate of Liability Insurance. The wording of the endorsement must be
				  identical to the wording specified in R.61-79.264.151(i)(i). The wording of the
				  certificate of insurance must be identical to the wording specified in
				  R.61-79.264.151(j)(j). The owner or operator must submit a signed duplicate
				  original of the endorsement or the certificate of insurance to the Department
				  and to the appropriate EPA Regional Offices where out of state facilities are
				  also being covered. The owner or operator must provide a signed duplicate
				  original of the insurance policy, application, and any agreements which may
				  affect the policy.
(ii) Each
				  insurance policy must be issued by an insurer which, at a minimum, is licensed
				  to transact the business of insurance, or eligible to provide insurance as an
				  excess or surplus lines insurer, in one or more States.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS BONDS, OR INSURANCE POLICIES › Section 61-79.265.H.148 - Incapacity of owners or operators, guarantors, or financial institutions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An owner or
				  operator must notify the Department by certified mail of the commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming the owner or operator as debtor, within 10 days after commencement of
				  the proceeding. A guarantor of a corporate guarantee as specified in
				  Sections265.143(e)(e) and 265.145(e)(e) must make such a notification if he is
				  named as debtor, as required under the terms of the corporate guarantee
				  (R.61-79.264.151(h)(h).
(b) An
				  owner or operator who fulfills the requirements of Sections265.143, 265.145, or
				  265.147 by obtaining a trust fund, surety bond, letter of credit, or insurance
				  policy will be deemed to be without the required financial assurance or
				  liability coverage in the event of bankruptcy of the trustee or issuing
				  institution, or a suspension or revocation of the authority of the trustee
				  institution to act as trustee or of the institution issuing the surety bond,
				  letter of credit, or insurance policy to issue such instruments. The owner or
				  operator must establish other financial assurance or liability coverage within
				  60 days after such an event.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS BONDS, OR INSURANCE POLICIES › Section 61-79.265.H.149 - Hazardous Waste Contingency Fund

Current through Register Vol. 48, No. 6, June 28, 2024
The payment of fees required under Sections
					 44-56-160,
					 -170, and -510 et seq. and under section262.45, and sections264.78 and 265.78
					 will be deposited in the Hazardous Waste Contingency Fund to ensure the
					 availability of funds for contingencies rising from permitted hazardous waste
					 landfills and to defray the costs of governmental response actions at
					 uncontrolled hazardous waste sites. Of the fees collected pursuant to Section
					 44-56-170(C),
					 (D), and (E), credited to the contingency
					 fund pursuant to Section
					 44-56-175,
					 thirteen percent must be held separate and distinct within the fund in a
					 permitted site fund for the purpose of response actions arising from the
					 operation of the permitted land disposal facilities in this State. Of the fees
					 collected pursuant to Section
					 44-56-510 and
					 credited to the contingency fund pursuant to Section
					 44-56-175,
					 twenty-six percent must be credited to the fund for permitted sites. (revised
					 12/92).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.170 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
The regulations in this subpart apply to owners and
					 operators of all hazardous waste facilities that store containers of hazardous
					 waste, except as section265.1 provides otherwise.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.171 - Condition of containers

Current through Register Vol. 48, No. 6, June 28, 2024
If a container holding hazardous waste is not in good
					 condition (e.g., severe rusting, apparent structural defects) or it begins to
					 leak, the owner or operator must transfer the hazardous waste from this
					 container to a container that is in good condition or manage the waste in some
					 other way that complies with the requirements of this
					 regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.172 - Compatibility of waste with containers

Current through Register Vol. 48, No. 6, June 28, 2024
The owner or operator must use a container made of or lined
					 with materials which will not react with, and are otherwise compatible with,
					 the hazardous waste to be stored, so that the ability of the container to
					 contain the waste is not impaired.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.173 - Management of containers

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A
				  container holding hazardous waste must always be closed during storage, except
				  when it is necessary to add or remove waste.
(b) A container holding hazardous waste must
				  not be opened, handled, or stored in a manner which may rupture the container
				  or cause it to leak.
(c) Each
				  container containing hazardous waste shall be permanently and legibly marked
				  with the following or equivalent statement: "Hazardous Waste - federal laws
				  prohibit improper disposal."
(d)
				  Each container shall be appropriately labeled with EPA Hazardous Waste Number.
[Comment: Reuse of containers in transportation is governed
					 by U.S. Department of Transportation regulations, including those set forth in
					 49 CFR
					 173.28.]
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.174 - Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
At least weekly, the owner or operator must inspect areas
					 where containers are stored. The owner or operator must look for leaking
					 containers and for deterioration of containers caused by corrosion or other
					 factors. See R.61-79.265.171 for remedial action required if deterioration or
					 leaks are detected.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.175 - Containment system

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Container storage areas must have a containment system that is designed and
				  operated in accordance with paragraph (b) of this section, except as otherwise
				  provided by paragraph (c) of this section.
(b) A containment system must be designed and
				  operated as follows:
(1) A base must underly
				  the containers which is free of cracks or gaps and is sufficiently impervious
				  to contain leaks, spills, and accumulated precipitation until the collected
				  material is detected and removed;
(2) The base must be sloped or the
				  containment system must be otherwise designed and operated to drain and remove
				  liquids resulting from leaks, spills, or precipitation, unless the containers
				  are elevated or are otherwise protected from contact with accumulated
				  liquids;
(3) The containment system
				  must have sufficient capacity to contain 10% of the volume of containers or the
				  volume of the largest container, whichever is greater. Containers that do not
				  contain free liquids need not be considered in this determination;
(4) Runon into the containment system must be
				  prevented unless the collection system has sufficient excess capacity in
				  addition to that required in paragraph (b)(3) of this section to contain any
				  runon which might enter the system; and,
(5) Spilled or leaked waste and accumulated
				  precipitation must be removed from the sump or collection area in as timely a
				  manner as is necessary to prevent overflow of the collection system.
[Comment: If the collected material is a hazardous waste
					 under 261, it must be managed as a hazardous waste in accordance with all
					 applicable requirements of parts 262 through 266. If the collected material is
					 discharged through a point source to waters of the United States, it is subject
					 to the requirements of section402 of the Clean Water Act, as amended.] (revised
					 12/92)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.176 - Special requirements for ignitable or reactive waste

Current through Register Vol. 48, No. 6, June 28, 2024
Containers holding ignitable or reactive waste must be
					 located at least 15 meters (50 feet) from the facility's property line.
[Comment: See 265.17(a) for additional
					 requirements.]
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.177 - Special requirements for incompatible wastes

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Incompatible wastes, or incompatible
				  wastes and materials (see Appendix V for example), must not be placed in the
				  same container, unless Section265.17(b)(b) is complied with.
(b) Hazardous waste must not be placed in an
				  unwashed container that previously held an incompatible waste or material. (See
				  Appendix V for example unless 265.17(b) is complied with.)
(c) A storage container holding a hazardous
				  waste that is incompatible with any waste or other materials stored nearby in
				  other containers, piles, open tanks, or surface impoundments must be separated
				  from the other materials or protected from them by means of a dike, berm, wall,
				  or other device.
[Comment: The purpose of this is to prevent fires,
					 explosions, gaseous emissions, leaching, or other discharge of hazardous waste
					 or hazardous waste constituents which could result from the mixing of
					 incompatible wastes or materials if containers break or leak.]
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.265.I.178 - Air emission standards

Current through Register Vol. 48, No. 6, June 28, 2024
The owner or operator shall manage all hazardous waste
					 placed in a container in accordance with the applicable requirements of
					 subparts AA, BB, and CC of this part.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.190 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
The requirements of this subpart apply to owners and
					 operators of facilities that use tank systems for storing or treating hazardous
					 waste except as otherwise provided in paragraphs (a), (b), and (c) of this
					 section or in section265.1 of this part (revised 12/92).
(a) Tank systems that are used to store or
				  treat hazardous waste which contains no free liquids and that are situated
				  inside a building with an impermeable floor are exempted from the requirements
				  in section265.193. To demonstrate the absence or presence of free liquids in
				  the stored/treated waste, the following test must be used: EPA Method 9095
				  (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid
				  Wastes, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
				  reference in R.61-79.260.11. (amended 11/90)
(b) Tank systems including sumps as defined
				  in R.61-79.260.10, that serve as part of a secondary containment system to
				  collect or contain releases of hazardous wastes are exempted from the
				  requirements in Section265.193(a)(a).
(c) Tanks, sumps, and other collection
				  devices used in conjunction with drip pads, as defined in 260.10 of this
				  chapter and regulated under part 265 subpart W, must meet the requirements of
				  this subpart.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.191 - Assessment of existing tank system's integrity

Current through Register Vol. 48, No. 6, June 28, 2024
(a) For each existing tank system that does
				  not have secondary containment meeting the requirements of 265.193, the owner
				  or operator must determine that the tank system is not leaking or is unfit for
				  use. Except as provided in paragraph (c) of this section, the owner or operator
				  must obtain and keep on file at the facility a written assessment reviewed and
				  certified by a qualified Professional Engineer in accordance with 270.11(d),
				  that attests to the tank system's integrity by January 12, 1988.
(b) This assessment must determine that the
				  tank system is adequately designed and has sufficient structural strength and
				  compatibility with the waste(s) to be stored or treated to ensure that it will
				  not collapse, rupture, or fail. At a minimum, this assessment must consider the
				  following:
(1) Design standard(s), if
				  available, according to which the tank and ancillary equipment were
				  constructed;
(2) Hazardous
				  characteristics of the waste(s) that have been or will be handled;
(3) Existing corrosion protection
				  measurers;
(4) Documented age of
				  the tank system, if available, (otherwise, an estimate of the age);
				  and
(5) Results of a leak test,
				  internal inspection, or other tank integrity examination such that;
(i) For non-enterable underground tanks, this
				  assessment must consist of a leak test that is capable of taking into account
				  the effects of temperature variations, tank and deflection, vapor pockets, and
				  high water table effects.
[Note: The practices described in the American Petroleum
					 Institute (API) Publication, Guide for Inspection of Refinery Equipment,
					 Chapter XIII, Atmospheric and Low Pressure Storage Tanks, 4th edition, 1981,
					 may be used, where applicable, as guidelines in conducting the integrity
					 examination of an other than non-enterable underground tank system.]
(ii) For other than non-enterable
				  underground tanks and for ancillary equipment, this assessment must be either a
				  leak test, as described above, or an internal inspection and/or other tank
				  integrity examination certified by a qualified Professional Engineer in
				  accordance with 270.11(d) that addresses cracks, leaks, corrosion, and
				  erosion.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.193 - Containment and detection of releases

Current through Register Vol. 48, No. 6, June 28, 2024
(a) In order to prevent the release of
				  hazardous waste or hazardous constituents to the environment, secondary
				  containment that meets the requirements of this section must be provided
				  (except as provided in paragraphs (f) and (g) of this section).
(1) For all new and existing tank systems or
				  components, prior to their being put into service.
(2) For tank systems that store or treat
				  materials that become hazardous wastes , within 2 years of the hazardous waste
				  listing, or when the tank system has reached 15 years of age, whichever comes
				  later.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.194 - General operating requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Hazardous wastes or treatment reagents
				  must not be placed in a tank system if they could cause the tank, its ancillary
				  equipment, or the secondary containment system to rupture, leak, corrode, or
				  otherwise fail.
(b) The owner or
				  operator must use appropriate controls and practices to prevent spills and
				  overflows from tank or secondary containment systems. These include at a
				  minimum:
(1) Spill prevention controls (e.g.,
				  check valves, dry discount couplings);
(2) Overfill prevention controls (e.g., level
				  sensing devices, high level alarms, automatic feed cutoff, or bypass to a
				  standby tank); and
(3) Maintenance
				  of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
				  wind action or by precipitation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.195 - Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The owner or
				  operator must inspect, where present, at least once each operating day, data
				  gathered from monitoring and leak detection equipment (e.g., pressure or
				  temperature gauges, monitoring wells) to ensure that the tank system is being
				  operated according to its design.
(1)
				  Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass
				  systems, and drainage systems) to ensure that it is in good working
				  order;
(2) The above ground
				  portions of the tank system, if any, to detect corrosion or releases of
				  waste;
(3) Data gathered from
				  monitoring equipment and leak-detection equipment (e.g., pressure and
				  temperature gauges, monitoring wells) to ensure that the tank system is being
				  operated according to its design; and
(4) The construction materials and the area
				  immediately surrounding the externally accessible portion of the tank system
				  including secondary containment structures (e.g., dikes) to detect erosion or
				  signs of releases of hazardous waste (e.g., wet spots, dead vegetation);
Note: Section 265.15(c) requires the owner or operator to
					 remedy any deterioration or malfunction he finds. Section 265.196 requires the
					 owner or operator to notify the Department within 24 hours of confirming a
					 release. Also, 40 CFR part 302 may require the owner or operator to notify the
					 National Response Center of a release.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.196 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through Register Vol. 48, No. 6, June 28, 2024
A tank system or secondary containment system from which
					 there has been a leak or spill, or which is unfit for use, must be removed from
					 service immediately, and the owner or operator must satisfy the following
					 requirements:
(a) Cessation of use;
				  prevent flow or addition of waste. The owner or operator must immediately stop
				  the flow of hazardous waste into the tank system or secondary containment
				  system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
				  secondary containment system.
(1) If the
				  release was from the tank system, the owner or operator must, within 24 hours
				  after detection of the leak or, if the owner or operator demonstrates that that
				  is not possible, at the earliest practicable time remove as much of the waste
				  as is necessary to prevent further release of hazardous waste to the
				  environment and to allow inspection and repair of the tank system to be
				  performed.
(2) If the release was
				  to a secondary containment system, all released materials must be removed
				  within 24 hours or in as timely a manner as is possible to prevent harm to
				  human health and the environment.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.197 - Closure and post-closure care

Current through Register Vol. 48, No. 6, June 28, 2024
(a) At closure of a tank system, the owner or
				  operator must remove or decontaminate all waste residues, contaminated
				  containment system components (liners, etc.), contaminated soils, and
				  structures and equipment contaminated with waste, and manage them as hazardous
				  waste, unless R.61-79.261.3(d)(d)applies. The closure plan, closure activities,
				  cost estimates for closure, and financial responsibility for tank systems must
				  meet all of the requirements specified in Subparts G and H of this
				  Regulation.
(b) If the owner or
				  operator demonstrates that not all contaminated soils can be practicably
				  removed or decontaminated as required in paragraph (a) of this section, then
				  the owner or operator must close the tank system and perform post-closure care
				  in accordance with the closure and post-closure care requirements that apply to
				  landfills Section265.310. In addition, for the purposes of closure,
				  post-closure, and financial responsibility, such a tank system is then
				  considered to be a landfill, and the owner or operator must meet all of the
				  requirements for landfills specified in Subparts G and H of this
				  Regulation.
(c) If an owner or
				  operator has a tank system which does not have secondary containment that meets
				  the requirements of sections265.193(b) through (f)(b) through (f) and which is
				  not exempt from the secondary containment requirements in accordance with
				  section265.193(g)(g), then,
(1) The closure
				  plan for the tank system must include both a plan for complying with paragraph
				  (a) of this section and a contingent plan for complying with paragraph (b) of
				  this section.
(2) A contingent
				  post-closure plan for complying with paragraph (b) of this section must be
				  prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure
				  and post-closure care must reflect the costs of complying with the contingent
				  closure plan and the contingent post-closure plan, if these costs are greater
				  than the costs of complying with the closure plan prepared for the expected
				  closure under paragraph (a) of this section.
(4) Financial assurance must be based on the
				  cost estimates in paragraph (c)(3) of this section.
(5) For the purposes of the contingent
				  closure and post-closure plans, such a tank system is considered to be a
				  landfill, and the contingent plans must meet all of the closure, post-closure,
				  and financial responsibility requirements for landfills under Subparts G and H
				  of this Regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.198 - Special requirements for ignitable or reactive wastes

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Ignitable or reactive waste must not be
				  placed in a tank unless:
(1) The waste is
				  treated, rendered, or mixed before or immediately after placement in the tank
				  so that:
(i) The resulting waste, mixture, or
				  dissolved material no longer meets the definition of ignitable or reactive
				  waste under R.61-79.261.21 or 261.23 of this chapter; and
(ii) Section265.17(b)(b) is complied with;
				  or
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.199 - Special requirements for incompatible wastes

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Incompatible wastes, or incompatible
				  waste and materials, must not be placed in the same tank system unless
				  Section265.17(b)(b) is complied with.
(b) Hazardous waste must not be placed in a
				  tank system that has not been decontaminated and that previously held an
				  incompatible waste or material, unless Section265.17(b)(b) is complied
				  with.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.200 - Waste analysis and trial tests

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to performing the waste analysis required by
					 Section265.13, the owner or operator must, whenever a tank system is to be used
					 to treat chemically or to store a hazardous waste that is substantially
					 different from waste previously treated or stored in that tank system: or treat
					 chemically a hazardous waste with a substantially different process than any
					 previously used in that tank system:
(a) Conduct waste analyses and trial
				  treatment or storage tests (e.g., bench-scale or pilot-plant scale tests);
				  or
(b) Obtain written, documented
				  information on similar waste under similar operating conditions to show that
				  the proposed treatment or storage will meet the requirements of
				  section265.194(a)(a).
Section265.13 requires the waste analysis plan to include
						analyses needed to comply with 265.198 and 265.199. Section265.73 requires the
						owner or operator to place the results from each waste analysis and trial test,
						or the documented information, in the operating record of the
						facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.201 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - TANKS › Section 61-79.265.J.202 - Air emission standards

Current through Register Vol. 48, No. 6, June 28, 2024
The owner or operator shall manage all hazardous waste
					 placed in a tank in accordance with the applicable requirements of subparts AA,
					 BB, and CC of this part.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 61-79.265.K.220 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
The regulations in this subpart apply to owners and
					 operators of facilities that use surface impoundments to treat, store, or
					 dispose of hazardous waste except as Section265.1 provides
					 otherwise.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - SURFACE IMPOUNDMENTS › Section 61-79.265.K.221 - Design and operating requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The owner or operator of each new surface
				  impoundment unit, each lateral expansion of a surface impoundment unit, and
				  each replacement of an existing surface impoundment unit must install two or
				  more liners, and a leachate collection and removal system between the liners,
				  and operate the leachate collection and removal system, in accordance with
				  264.221(c), unless exempted under 264.221(d), (e), or (f).
(b) The owner or operator of each unit
				  referred to in paragraph (a) of this section must notify the Department at
				  least sixty days prior to receiving waste. The owner or operator of each
				  facility submitting notice must file a Part B application within six months of
				  the receipt of such notice.
(c) The
				  owner or operator of any replacement surface impoundment unit is exempt from
				  paragraph (a) of this section if:
(1) The
				  existing unit was constructed in compliance with the design standards of
				  3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act;
				  and
(2) There is no reason to
				  believe that the liner is not functioning as designed.