South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.18 - Solid Waste Management: Off-site Treatment of Contaminated Soil › Section 61-107.18.C - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				siting, design, construction, operation, and closure activities for facilities
				that treat contaminated soil shall conform to the standards set forth in this
				regulation, unless otherwise approved by the Department. Engineering plans,
				specifications, reports and other documents approved by the Department during
				the review process shall become enforceable documents upon issuance of a permit
				pursuant to this regulation. Facilities shall be constructed as approved and
				permitted.
2. Prior to the
				construction of a new soil treatment facility, a permit shall be obtained from
				the Department pursuant to this regulation. Prior to the modification of an
				existing soil treatment facility, as-built drawings of the existing facility
				which have current Department approval shall be submitted in addition to plans
				and specifications of proposed modifications to the facility. Any modification
				to the design/operation of a facility that would change the language of the
				permit shall receive prior Department approval.
3. Prior to operation of a new permitted soil
				treatment facility or a permitted modification to an existing facility, the
				facility shall be inspected by the Department and receive operational
				approval.
4. The Department
				reserves the right to require the soil treatment facility to acquire an
				RD&D permit pursuant to Regulation Regulation 61-107.10 for any process or
				compound for which the information provided is deemed insufficient to establish
				the efficacy of the proposed process to the Department's satisfaction. If,
				after the two (2) years expiration of the RD&D permit, the process is
				proved to be a viable method for treating soil, a permit pursuant to this
				regulation may be issued for the process. Petroleum and other compounds that
				have been shown to be highly degradable via the proposed treatment process will
				not generally require a RD&D permit. A permit requested pursuant to this
				regulation may be denied should the process not be determined to be acceptable
				to the Department's satisfaction.
5. No later than six (6) months from the
				effective date of this regulation, existing soil treatment facilities shall
				submit to the Department a permit application with supporting documents as
				outlined in Section D of this regulation.
6. Failure to begin construction of the
				treatment facility within twelve (12) months of the issuance of the Department
				permit shall render that permit invalid.
7. Upon reasonable cause to suspect that the
				treatment facility and/or treatment process poses a threat to human health or
				the environment, the Department, upon notification to the owner/operator, may
				require the owner/operator to investigate and, if appropriate, develop and
				implement a corrective action program approved by the Department.
8. Soil treatment facilities shall
				demonstrate consistency with the host Region/County Solid Waste Management Plan
				pursuant to Section D. of this regulation.
9. Open dumping of contaminated soil is
				prohibited.
10. Soil treatment
				facilities shall adhere to Federal and State rules and regulations and local
				zoning, land use and other applicable local ordinances and OSHA
				requirements.
11. Transfer of
				ownership.
a. The Department may, upon prior
				written request, transfer a permit to a new owner or operator of a soil
				treatment facility where no other change in the permit is necessary. The
				proposed new owner or operator of a permitted soil treatment facility shall, at
				least forty-five (45) days prior to the scheduled change in ownership or
				operating responsibility, provide to the Department:
(1) Documentation of the new owner's name and
				address;
(2) Documentation of the
				name and address of the party responsible for the operation and maintenance of
				the facility, if different from the owner;
(3) A written agreement signed by the current
				owner/operator and the proposed new owner/operator indicating the intent to
				change ownership or operating responsibility of the facility. The agreement
				shall contain a specific date for the transfer of permit
				responsibility;
(4) Documentation
				indicating that the facility shall be operated in accordance with the existing
				permit in effect at the time of transfer;
(5) Documentation of financial assurance as
				required in Section E. of this regulation. The previous owner/operator shall
				maintain financial assurance responsibilities until the new owner/operator can
				demonstrate satisfactory compliance with the financial assurance requirements
				outlined in this regulation; and,
(6) A disclosure statement as required in
				Section D. of this regulation.