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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.93 - Hazardous constituents

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  owner or operator shall specify in permit application the hazardous
				  constituents to which the groundwater protection standard of Section264.92
				  applies. Hazardous constituents are constituents identified in Appendix VIII of
				  R.61-79.261 that have been detected in groundwater in the uppermost aquifer
				  underlying a regulated unit and that are reasonably expected to be in or
				  derived from the waste contained in a regulated unit, unless the Department has
				  granted exclusion of a constituent or constituents under paragraph (b) of this
				  section.
(b) The Department will
				  consider exclusion of an Appendix VIII constituent from the list of hazardous
				  constituents specified in the permit application if the owner or operator can
				  demonstrate to the Department that the constituent is not capable of posing a
				  substantial present or potential hazard to human health or the environment. In
				  making such demonstration, the owner or operator shall consider the following:
(1) Potential adverse effects on groundwater
				  quality, considering:
(i) The physical and
				  chemical characteristics of the waste in the regulated unit, including its
				  potential for migration;
(ii) The
				  hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of groundwater and the
				  direction of groundwater flow;
(iv)
				  The proximity and withdrawal rates of groundwater users;
(v) The current and future uses of
				  groundwater in the area;
(vi) The
				  existing quality of groundwater, including other sources of contamination and
				  their cumulative impact on the groundwater quality;
(vii) The potential for health risks caused
				  by human exposure to waste constituents;
(viii) The potential damage to wildlife,
				  crops, vegetation, and physical structures caused by exposure to waste
				  constituents;
(ix) The persistence
				  and permanence of the potential adverse effects; and,
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.94 - Concentration Limits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  owner or operator shall specify in his permit application concentration limits
				  in the groundwater for hazardous constituents established under Section264.93.
				  The concentration of a hazardous constituent:
(1) Must not exceed the background level of
				  that constituent in the groundwater at the time that limit is specified in the
				  permit; or,
(2) For any of the
				  constituents listed in Table 1 below, must not exceed the respective value
				  given in that Table if the background level of the constituent is below the
				  value given in Table 1 below; or,
(3) Must not exceed an alternate limit
				  established by the Department under paragraph (b) of this section.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.95 - Point of compliance

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  owner or operator shall specify in his permit application the point of
				  compliance at which the groundwater protection standard of Section264.92
				  applies and at which monitoring must be conducted. The point of compliance is a
				  vertical surface located at the hydraulically downgradient limit of the waste
				  management area that extends down into the uppermost aquifer underlying the
				  regulated units.
(b) The waste
				  management area is the limit projected in the horizontal plane of the area on
				  which waste will be placed during the active life of a regulated unit.
(1) The waste management area includes
				  horizontal space taken up by any liner, dike, or other barrier designed to
				  contain waste in a regulated unit.
(2) If the facility contains more than one
				  regulated unit, the waste management area is described by an imaginary line
				  circumscribing the several regulated units.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.96 - Compliance period

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  owner or operator shall specify in his permit application the compliance period
				  during which the groundwater protection standard of Section264.92 applies. The
				  compliance period is the number of years equal to the active life of the waste
				  management area (including any waste management activity prior to permitting,
				  and the closure period).
(b) The
				  compliance period begins when the owner or operator initiates a compliance
				  monitoring program meeting the requirements of Section264.99.
(c) If the owner or operator is engaged in a
				  corrective action program at the end of the compliance period specified in
				  paragraph (a) of this section, the compliance period is extended until the
				  owner or operator can demonstrate that the groundwater protection standard of
				  Section264.92 has not been exceeded for period of three consecutive
				  years.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.97 - General groundwater monitoring requirements

Current through Register Vol. 48, No. 6, June 28, 2024
The owner or operator must comply with the following
					 requirements for any groundwater monitoring program developed to satisfy
					 264.98, 264.99, or 264.100:
(a) The
				  groundwater monitoring system must consist of a sufficient number of wells,
				  installed at appropriate locations and depths to yield groundwater samples from
				  the uppermost aquifer that:
(1) Represent the
				  quality of background ground water that has not been affected by leakage from a
				  regulated unit;
(i) A determination of
				  background ground-water quality may include sampling of wells that are not
				  hydraulically upgradient of the waste management area where:
(A) Hydrogeologic conditions do not allow the
				  owner or operator to determine what wells are hydraulically upgradient;
				  and
(B) Sampling at other wells
				  will provide an indication of background groundwater quality that is
				  representative or more representative than that provided by the upgradient
				  wells; and
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.98 - Detection monitoring program

Current through Register Vol. 48, No. 6, June 28, 2024
An owner or operator required to establish a detection
					 monitoring program under this subpart must, at a minimum, discharge the
					 following responsibilities:
(a) The
				  owner or operator must monitor for indicator parameters (e.g., specific
				  conductance, total organic carbon, or total organic halogen), waste
				  constituents, or reaction products that provide a reliable indication of the
				  presence of hazardous constituents in groundwater. The owner or operator shall
				  specify the parameters or constituents to be monitored in the facility permit
				  application, after considering the following factors:
(1) The types, quantities, and concentrations
				  of constituents in wastes managed at the regulated unit;
(2) The mobility, stability, and persistence
				  of waste constituents or their reaction products in the unsaturated zone
				  beneath the waste management area;
(3) The detectability of indicator
				  parameters, waste constituents, and reaction products in groundwater;
				  and
(4) The concentrations or
				  values and coefficients of variation of proposed monitoring parameters or
				  constituents in the groundwater background.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.99 - Compliance monitoring program

Current through Register Vol. 48, No. 6, June 28, 2024
An owner or operator required to establish a compliance
					 monitoring program under this subpart must, at a minimum, discharge the
					 following responsibilities:
(a) The
				  owner or operator must monitor the groundwater to determine whether regulated
				  units are in compliance with the groundwater protection standard under 264.92.
				  The Department will specify the groundwater protection standard in the facility
				  permit, including: (amended 11/90)
(1) A list
				  of hazardous constituents identified under Section264.93;
(2) Concentration limits under Section264.94
				  for each of those hazardous constituents;
(3) The compliance point under Section264.95;
				  and
(4) The compliance period under
				  Section264.96.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.100 - Corrective action program

Current through Register Vol. 48, No. 6, June 28, 2024
An owner or operator required to establish a corrective
					 action program under this subpart must, at a minimum, discharge the following
					 responsibilities:
(a) The owner or
				  operator must take corrective action to ensure that regulated units are in
				  compliance with the groundwater protection standard under 264.92. The RCRA-type
				  permit application will specify the groundwater protection standard, including:
(1) A list of the hazardous constituents
				  identified under Section264.93;
(2)
				  Concentration limits under Section264.94 for each of those hazardous
				  constituents;
(3) The compliance
				  point under Section264.95; and
(4)
				  The compliance period under 264.96.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.110 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
Except as 264.1 provides otherwise:
(a) Sections264.111 through 264.115 (which
				  concern closure) apply to the owners and operators of all hazardous waste
				  management facilities; and
(b)
				  Sections264.116 through 264.120 (which concern postclosure care) apply to the
				  owners and operators of:
(1) All hazardous
				  waste disposal facilities; and
(2)
				  Waste piles, and surface impoundments from which the owner or operator intends
				  to remove the wastes at closure to the extent that these sections are made
				  applicable to such facilities in Section264.228 and Section264.258.
(3) Tank systems that are required under
				  264.197 to meet the requirements for landfills; and
(4) Containment buildings that are required
				  under 264.1102 to meet the requirement for landfills.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.111 - Closure performance standard

Current through Register Vol. 48, No. 6, June 28, 2024
The owner or operator must close the facility in a manner
					 that:
(a) Minimizes the need for
				  further maintenance; and
(b)
				  Controls, minimizes or eliminates, to the extent necessary to protect human
				  health and the environment, postclosure escape of hazardous waste, hazardous
				  constituents, leachate, contaminated runoff, or hazardous waste decomposition
				  products to the ground or surface waters or to the atmosphere; and
(c) Complies with the closure requirements of
				  this part, including, but not limited to, the requirements of 264.178, 264.197,
				  264.228, 264.258, 264.280, 264.310, 264.351, and 264.601 through 264.603, and
				  264.1102. (revised 12/92)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.112 - Closure plan; amendment of plan

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Written plan.
(1) The owner or operator of a hazardous
				  waste management facility must have a written closure plan. In addition,
				  certain surface impoundments and waste piles from which the owner or operator
				  intends to remove or decontaminate the hazardous waste at partial or final
				  closure are required by 264.228(c)(1)(i) and 264.258(c)(1)(i) to have
				  contingent closure plans. The plan must be submitted with the permit
				  application, in accordance with R.61-79.270.14(b)(13)(b)(13), and approved by
				  the Department as part of the permit issuance procedures under R.61-79.124. In
				  accordance with R.61-79.270.32, the approved closure plan will become a
				  condition of any RCRA-type permit. (amended 11/90)
(2) The Department's approval of the plan
				  must ensure that the approved closure plan is consistent with Sections264.111
				  through 264.115 and the applicable requirements of subpart F of this part,
				  264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, and 264.601, and
				  264.1102. Until final closure is completed and certified in accordance with
				  264.115, a copy of the approved plan and all approved revisions must be
				  furnished to the Department upon request, including requests by mail. (amended
				  11/90)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.113 - Closure; time allowed for closure

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Within 90 days after receiving the final
				  volume of hazardous wastes, or the final volume of nonhazardous wastes if the
				  owner or operator complies with all applicable requirements in paragraphs (d)
				  and (e) of this section, at a hazardous waste management unit or facility, the
				  owner or operator must treat, remove from the unit or facility, or dispose of
				  onsite, all hazardous wastes in accordance with the approved closure plan. The
				  Department may approve a longer period if the owner or operator complies with
				  all applicable requirements for requesting a modification to the RCRA-type
				  permit and demonstrates that: (amended 11/90)
(1)
(i) The
				  activities required to comply with this paragraph will, of necessity, take
				  longer than 90 days to complete: or,
(ii)
(A)
				  The hazardous waste management unit or facility has the capacity to receive
				  additional hazardous wastes, or has the capacity to receive non-hazardous
				  wastes if the owner or operator complies with paragraphs (d) and (e) of this
				  section; and
(B) There is a
				  reasonable likelihood that he or another person will recommence operation of
				  the hazardous waste management unit or the facility within one year;
				  and,
(C) Closure of the hazardous
				  waste management unit or facility would be incompatible with continued
				  operation of the site; and,
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.114 - Disposal or decontamination of equipment, structures and soils

Current through Register Vol. 48, No. 6, June 28, 2024
During the partial and final closure periods, all
					 contaminated equipment, structures and soils must be properly disposed of or
					 decontaminated unless otherwise specified in Sections264.197, 264.228, 264.258,
					 264.280, or 264.310. By removing any hazardous wastes or hazardous constituents
					 during partial and final closure, the owner or operator may become a generator
					 of hazardous waste and must handle that waste in accordance with all applicable
					 requirements of R.61-79.262.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.115 - Certification of closure

Current through Register Vol. 48, No. 6, June 28, 2024
Within 60 days of completion of closure of each hazardous
					 waste surface impoundment, waste pile, land treatment, and landfill unit, and
					 within 60 days of the completion of final closure, the owner or operator must
					 submit to the Department by registered mail, a certification that the hazardous
					 waste management unit or facility, as applicable, has been closed in accordance
					 with the specifications in the approved closure plan. The certification must be
					 signed by the owner or operator and by 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 closure under
					 264.143(i).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.116 - Survey plat

Current through Register Vol. 48, No. 6, June 28, 2024
No later than the submission of the 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 survey plat indicating the location
					 and dimensions of landfill cells or other hazardous waste disposal units with
					 respect to permanently surveyed benchmarks. This plat must be prepared and
					 certified by a professional land surveyor. The plat filed with the local zoning
					 authority, or the authority with jurisdiction over local land use, must contain
					 a note, prominently displayed, which states the owner's or operator's
					 obligation to restrict disturbance of the hazardous waste disposal unit in
					 accordance with the applicable R.61-79.264 Subpart G
					 regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.117 - Postclosure care and use of property

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1)
				  Post-closure care for each hazardous waste management unit subject to the
				  requirements of Sections264.117 through 264.120 must begin after completion of
				  closure of the unit and continue for 30 years after that date and must consist
				  of at least the following:
(i) Monitoring and
				  reporting in accordance with the requirements of R.61-79.264 Subparts F, K, L,
				  M, N and X; and
(ii) Maintenance
				  and monitoring of waste containment systems in accordance with the requirements
				  of Subparts F, K, L, M, N and X.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.G.118 - Postclosure plan; amendment of plan

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Written Plan. The owner or operator of a
				  hazardous waste disposal unit must have a written postclosure plan. In
				  addition, certain surface impoundments and waste piles from which the owner or
				  operator intends to remove or decontaminate the hazardous wastes at partial or
				  final closure are required by 264.228(c)(1)(ii) and 264.258(c)(1)(ii) to have
				  contingent postclosure plans. Owners or operators of surface impoundments and
				  waste piles not otherwise required to prepare contingent postclosure plans
				  under 264.228(c)(1)(ii) and 264.258(c)(1)(ii)must submit a postclosure plan to
				  the Department within 90 days from the date that the owner or operator or the
				  Department determines that the hazardous waste management unit must be closed
				  as a landfill, subject to the requirements of 264.117 through 264.120. The plan
				  must be submitted with the permit application in accordance with
				  R.61-79.270.14(b)(13)(b)(13) and approved by the Department as part of the
				  permit issuance procedures under R.61-79.124. In accordance with
				  R.61-79.270.32, the approved postclosure plan will become a condition of any
				  RCRA permit issued.
(b) 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.61-79.264 Subparts F, K, L, M, N and X 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.61-79.264 Subparts F, K, L, M, N and X; and
(ii) The function of the monitoring equipment
				  in accordance with the requirements of R.61-79.264 Subparts F, K, L, M, N and
				  X; 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) For facilities where
				  the Department has applied alternative requirements at a regulated unit under
				  264.90(f), and/or 264.110(c), 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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.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.61-79.264 subpart G; 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 Sections264.116
				  and 264.119(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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - CLOSURE AND POST-CLOSURE › Section 61-79.264.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 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 it
					 releases the owner or operator from the financial assurance requirements for
					 postclosure care under 264.145(i).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 61-79.264.H.140 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  requirements of Sections264.142, 264.143, 264.147 through 264.151 apply to
				  owners and operators of all hazardous waste facilities, except as provided
				  otherwise in this section or in Section 264.1.
(b) The requirements of 264.144 and 264.145
				  apply only to owners and operators of:
(1)
				  Disposal facilities;
(2) Piles, and
				  surface impoundments from which the owner or operator intends to remove the
				  wastes at closure, to the extent that these sections are made applicable to
				  such facilities in 264.228 and 264.258;
(3) Tank systems that are required under
				  264.197 to meet the requirements for landfills; and (revised 12/92)
(4) Containment buildings that are required
				  under 264.1102 to meet the requirements for landfills.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 61-79.264.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 264.111 through 264.115 and
				  applicable closure requirements in 264.178, 264.197, 264.228, 264.258, 264.280,
				  264.310, 264.351, 264.601 through 264.603, and 264.1102. (amended 11/90, 12/92)
(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 264.112(b)].
(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 264.141(d)). The owner or 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 with the sale of hazardous
				  wastes, or non-hazardous wastes if applicable under Section264.113(d)(d),
				  facility structures or equipment, land, or other assets associated with the
				  facility at the time of partial or final closure.
(4) The owner or operator may not incorporate
				  a zero cost for hazardous wastes, or non-hazardous wastes if applicable under
				  Section264.113(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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 61-79.264.H.144 - Cost estimate for postclosure care

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The owner or operator of a disposal
				  surface impoundment, disposal miscellaneous unit, land treatment unit, or
				  landfill unit, or of a surface impoundment or waste pile required under 264.228
				  and 264.258 to prepare a contingent closure and post-closure plan, must have a
				  detailed written 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 Sections264.117 through 264.120,
				  264.228, 264.258, 264.280 and 264.310 and 264.603.
(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 a subsidiary of the owner of operator. (See definition of parent
				  corporation in Section264.141(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 Section264.117.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 61-79.264.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 postclosure care for one or more
					 facilities by using a surety bond, letter of credit, insurance, financial test,
					 or corporate guarantee that meets the specifications for the mechanism in both
					 264.143 and 264.145. 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 postclosure care.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 61-79.264.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 264.151(i). The wording of the
				  certificate of insurance must be identical to the wording specified in
				  264.151(j). The owner or operator must submit a signed duplicate original of
				  the endorsement or the certificate of insurance to the Department. The owner or
				  operator must provide a signed duplicate original of the insurance policy,
				  application, and any agreements which may affect the policy. An owner or
				  operator of a new facility must submit the signed duplicate original of the
				  Hazardous Waste Facility Liability Endorsement or the Certificate of Liability
				  Insurance to the Department at least 60 days before the date on which hazardous
				  waste is first received for treatment, storage, or disposal. The insurance must
				  be effective before this initial receipt of hazardous waste. (amended
				  6/89)
(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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 61-79.264.H.148 - Incapacity of 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 Sections264.143(f)(f) and 264.145(f)(f) must make such a
				  notification if he is named as debtor, as required under the terms of the
				  corporate guarantee (264.151(h)).
(b) An owner or operator who fulfills the
				  requirements of Sections264.143, 264.145, or 264.147 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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 61-79.264.H.149 - Hazardous waste contingency fund

Current through Register Vol. 48, No. 6, June 28, 2024
The payment of fees required under Section
					 44-56-160,
					 -170, and -510 et seq. and under section262.45, and section264.78 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.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - FINANCIAL REQUIREMENTS › Section 61-79.264.H.151 - Wording of the instruments

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) A
				  trust agreement for a trust fund, as specified in sections 264.143(a) or
				  264.145(a) or 265.143(a) or 265.145(a), must be worded as noted in section
				  264.151 Appendix A(1) except that instructions in brackets are to be replaced
				  with the relevant information and the brackets deleted.
(2) Certification of acknowledgment which
				  must accompany the trust agreement for a trust fund as specified in 264.143(a)
				  and 264.145(a) or 265.143(a) and 265.145(a). This document must be worded as
				  noted in 264.151 Appendix A(2) except that instructions in brackets are to be
				  replaced with the relevant information and the brackets deleted.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.264.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 264.1 provides otherwise.
[Comment: Under 261.7 and 261.33(c), if a hazardous waste
					 is emptied from a container the residue remaining in the container is not
					 considered a hazardous waste if the container is empty as defined in 261.7. In
					 that event, management of the container is exempt from 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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.264.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 if 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 part.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.264.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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.264.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 law
				  prohibits 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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.264.I.174

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 and the containment system
					 caused by corrosion or other factors. See sections 264.15(c) and 264.171 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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.264.I.175 - Containment

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: (amended 11/90)
(1) A base must underlay 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) Run-on 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 run-on 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 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.264.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 264.17(a) for additional
					 requirements.]