South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.268 - LAND DISPOSAL RESTRICTIONS › Subpart A - GENERAL › Section 61-79.268.A.4 - Treatment surface impoundment exemption

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Wastes which are otherwise prohibited
				  from land disposal under this part may be treated in a surface impoundment or
				  series of impoundments provided that: (amended 11/90)
(1) Treatment of such wastes occurs in the
				  impoundment;
(2) The following
				  conditions are met: (amended 11/90)
(i)
				  Sampling and testing. For wastes with treatment standards in subpart D and/or
				  prohibition levels in subpart C or RCRA section3004(d)(d), the residues from
				  treatment are analyzed, as specified in 268.7 or 268.32, to determine if they
				  meet the applicable treatment standards or where no treatment standards have
				  been established for the waste, the applicable prohibition levels. The sampling
				  method, specified in the waste analysis plan under 264.13 or 265.13, must be
				  designed such that representative samples of the sludge and the supernatant are
				  tested separately rather than mixed to form homogeneous samples.
(ii) Removal. The following treatment
				  residues (including any liquid waste) must be removed at least annually:
				  residues which do not meet the treatment standards promulgated under subpart D
				  of this part; residues which do not meet the prohibition levels established
				  under subpart C of this part or imposed by statute (where no treatment
				  standards have been established); residues which are from the treatment of
				  wastes prohibited from land disposal under subpart C of this part (where no
				  treatment standards have been established and no prohibition levels apply); or
				  residues from managing listed wastes which are not delisted under 260.22. If
				  the volume of liquid flowing through the impoundment or series of impoundments
				  annually is greater than the volume of the impoundment or impoundments, this
				  flow-through constitutes removal of the supernatant for the purpose of this
				  requirement.
(iii) Subsequent
				  management. Treatment residues may not be placed in any other surface
				  impoundment for subsequent management.
(iv) Recordkeeping: Sampling and testing and
				  recordkeeping provisions of 264.13 and 265.13 of this chapter apply.
(3) The impoundment meets the
				  design requirements of 264.221(c) or 265.221(a), regardless that the unit may
				  not be new, expanded, or a replacement, and be in compliance with applicable
				  groundwater monitoring requirements of subpart F of Part 264 or 265 unless:
				  (amended 11/90)
(i) Exempted pursuant to
				  264.221 (d) or (e) of this chapter, or to 265.221(c) or (d) of this chapter;
				  or
(ii) Upon application by the
				  owner or operator, the Department, after notice and an opportunity to comment,
				  has grated a waiver of the requirements on the basis that the surface
				  impoundment:
(A) Has at least one liner, for
				  which there is no evidence that such liner is leaking;
(B) Is located more than one-quarter mile
				  from an underground source of drinking water; and
(C) Is in compliance with generally
				  applicable groundwater monitoring requirements for facilities with permits;
				  or,
(iii) Upon
				  application by the owner or operator, the Department, after notice and an
				  opportunity to comment, has granted a modification to the requirements on the
				  basis of a demonstration that the surface impoundment is located, designed, and
				  operated so as to assure that there will be no migration of any hazardous
				  constituent into groundwater or surface water at any future time.
(4) The owner or operator submits
				  to the Department a written certification that the requirements of 268.4(a)(3)
				  have been met and submits a copy of the waste analysis plan required under
				  268.4(a)(2). The following certification is required: (amended 11/90)
I certify under penalty of law that the requirements of
					 268.4
(a)(3) have been met for all
				  surface impoundments being used to treat restricted wastes. I believe that the
				  submitted information is true, accurate, and complete. I am aware that there
				  are significant penalties for submitting false information, including the
				  possibility of fine and imprisonment.
(b) Evaporation of hazardous constituents as
				  the principal means of treatment is not considered to be treatment for purposes
				  of an exemption under this section. (amended 11/90)