reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.15 - Solid Waste Management: Land Application of Solid Waste › Section 61-107.15.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
1. The purpose of
				this regulation is to establish appropriate application rates, frequency of
				application, and monitoring requirements for the uniform surface spreading or
				mechanical incorporation of non-hazardous solid waste on, or into, soil that is
				being used for agricultural, silvicultural and horticultural production. This
				regulation also applies to the application of solid waste on land that is being
				reclaimed to enhance its aesthetic value or to reduce environmental
				degradation. The land application of non-hazardous solid waste shall be for
				beneficial agricultural, silvicultural and horticultural purposes and not used
				as a means of disposal.
2. This
				regulation does not apply to the land application of solid or dissolved
				material in domestic sewage, industrial sludges, or water treatment
				sludges.
3. The application of
				commercial fertilizer, as defined in the South Carolina Fertilizer Law of 1954,
				S. C. Code Section
				46-25-20
				et seq. and animal manure during normal agricultural, silvicultural and
				horticultural operations is exempt from the requirements of this
				regulation.
4. Refuse, as defined
				and regulated pursuant to the South Carolina Mining Act, S.C. Code Section
				48-20-10
				et seq., including processed mineral waste which will not have a significant
				adverse impact on the environment, is exempt from the requirements of this
				regulation.
5. This regulation does
				not apply to the remediation of petroleum contaminated soils.
6. This regulation does not apply to the land
				application of hazardous waste which must be in compliance with the South
				Carolina Hazardous Waste Management Regulations.
7. This regulation does not apply to solid
				waste contaminated with petroleum products, heavy metals, septage, or
				pesticides regulated by the "Federal Insecticide, Fungicide, Rodenticide
				Act".
8. This regulation does not
				apply to the beneficial reuse of solid wastes in processes other than land
				application, e.g., the addition of ash to concrete and use of solid waste for
				structural fill.
9. This regulation
				does not apply to wastes generated as a result of ongoing normal agricultural,
				silvicultural, and horticultural operations when application is on properties
				owned and/or operated by the generator.
10. This regulation does not apply to waste
				generated by a homeowner when the waste is land applied on the site where it is
				generated.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.15 - Solid Waste Management: Land Application of Solid Waste › Section 61-107.15.E - Class II Solid Waste for Land Application

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Department may issue a Research,
				Development, and Demonstration Permit (RD&D Permit) in accordance with
				Regulation Regulation 61-107.10 for the land application of Class II solid
				waste. RD&D Permits will be issued for the purpose of gathering soil and
				crop information when documentation and data are unavailable to ensure that:
a. Land application of a particular solid
				waste will have no detrimental impact to the environment or public health;
				and,
b. Application rates that
				exceed 10 tons per acre per year on cultivated or forest land and 5 tons per
				acre per year on pasture land will have no detrimental impact to the
				environment or public health.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.15 - Solid Waste Management: Land Application of Solid Waste › Section 61-107.15.F - Class III Solid Waste for Land Application (eg, cotton mote waste, cotton gin trash, bark, woodyard waste, flume grit)

Current through Register Vol. 48, No. 6, June 28, 2024
1. Prior to land application of a Class III
				solid waste, the generator shall submit a request to the Department for
				registration of a specific solid waste. Registration in lieu of permitting is
				required for land application of Class III solid wastes. This submittal shall
				include a qualitative description of the waste and brief explanation of why the
				waste is considered to be innocuous with regard to effects on soil and water
				resources.
2. Registration for
				Class III solid waste shall be renewed with the Department every five (5)
				years.
3. A brief report
				summarizing the experiences of those who operate the land application sites as
				to their degree of satisfaction with the practice shall be submitted to the
				Department every five (5) years from the date of registration with a request
				for renewal of registration.
4.
				Land application of Class III solid wastes shall not exceed ten (10) dry tons
				per acre per year without written authorization from the Department.
5. The land application of all Class III
				solid wastes shall be in accordance with the requirements in Section C. of this
				regulation.
6. No less than
				twenty-four (24) hours prior to land application of any permitted or registered
				solid waste at an approved location, the generator shall call the Department's
				Environmental Quality Control District Office and provide the following
				information:
a. The location to receive the
				application;
b. An estimate of the
				volume of waste to be land applied during the project;
c. The anticipated date to begin application
				activities; and,
d. The anticipated
				duration of the application activities.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.15 - Solid Waste Management: Land Application of Solid Waste › Section 61-107.15.H - Violations and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A violation of this regulation or any permit, order, or
				  standard subjects the person to the issuance of a Department order or to civil
				  enforcement action in accordance with S.C. Code Section
				  44-96-450.
				  Willful violation of this regulation or any permit, order, or standard subjects
				  the person to the issuance of a Department order or to criminal enforcement
				  action in accordance with S.C. Code Section
				  44-96-450.
				  Any person to whom an order is issued may appeal it as a contested case
				  pursuant to R.61-72, Procedures for Contested
				  Cases, and the S.C. Administrative Procedures Act, S.C. Code Section
				  1-23-310 et
				  seq.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.15 - Solid Waste Management: Land Application of Solid Waste › Section 61-107.15.I - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, clause or phrase of
				  this regulation be declared unconstitutional or invalid for any reason, the
				  remainder of this regulation shall not be affected thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.17 - Solid Waste Management: Demonstration-of-Need › Section 61-107.17.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
1. This regulation
				establishes the criteria for the demonstration-of-need for the construction of
				new and the expansion of existing commercial Class Two solid waste landfills,
				commercial Class Three solid waste landfills, commercial solid waste
				incinerators, and commercial solid waste processing facilities that process
				waste destined for disposal at Class Three solid waste landfills. Any solid
				waste management facility type listed herein that no longer has a valid permit
				to operate prior to the effective date of this regulation and attempts to
				reopen after the effective date of this regulation shall be considered a new
				facility and shall be required to demonstrate need pursuant to this regulation.
				Any existing facility that requests a change in classification or commercial
				status shall be considered a new facility and required to demonstrate need
				pursuant to this regulation. Commercial Class Three solid waste landfills
				permitted to accept only industrial waste that request approval to accept
				municipal solid waste shall be considered a new facility and required to
				demonstrate need pursuant to Sections C and D of this regulation.
2. This regulation does not apply to:
a. Class Two solid waste landfills, Class
				Three solid waste landfills, solid waste incinerators, or solid waste
				processing facilities that accept only waste generated in the course of normal
				operations on property under the same ownership or control as the solid waste
				management facility if the facility is classified as a non-commercial solid
				waste management facility. All other solid waste management facilities for the
				purpose of demonstrating need shall be considered commercial
				facilities;
b. Facilities that
				handle hazardous waste as defined by the Resource Conservation and Recovery Act
				(RCRA) and R.61-79, Hazardous Waste
				Management Regulations, and infectious waste as defined by R.61-105, Infectious Waste
				Management Regulations;
c. Air
				curtain incinerators that receive only wood waste and yard trash;
d. The processing of waste at the source of
				generation; and,
e. The processing
				of waste at permitted Class Three solid waste landfills destined for disposal
				at the landfill.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.17 - Solid Waste Management: Demonstration-of-Need › Section 61-107.17.B - Definitions for the Purposes of this Regulation

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Class Two solid waste landfills" means
				those landfills as described in Part IV, Section A of Regulation
				section61-107.19. Solid Waste Management: Solid Waste Landfills and Structural
				Fill.
2. "Class Three solid waste
				landfills" means those landfills as described in Part V, Subpart A of
				Regulation section61-107.19.
3.
				"Commercial solid waste management facility" means for the purposes of this
				regulation, all solid waste management facilities with the exception of
				non-commercial facilities.
4.
				"County or Regional Solid Waste Management Plan" means a solid waste management
				plan prepared, approved, and submitted by either a single county or a region,
				i.e., a group of counties, pursuant to the Solid Waste Policy and Management
				Act, S.C. Code Section
				44-96-80
				(1976, as amended).
5. "Consistency
				determination" means for the purposes of this regulation, a Department decision
				that a proposed solid waste project is or is not consistent with:
a. State and County/Region Solid Waste
				Management Plans;
b. Local zoning
				and land-use ordinances and regulations based on due consideration of written
				documentation from an appropriate local government official verifying that
				applicable local requirements have been met;
c. All other applicable local ordinances;
				and,
d. Buffer requirements
				pursuant to the appropriate Department regulation, e.g. Regulation sections
				61-107.19, Part IV.B.1.a for Class Two solid waste landfills;61-107.19, Part V,
				Subpart B.258.18.a for Class Three solid waste landfills; 61-107.12.E.8 for
				Solid Waste Incinerators; and 61-107.6.E.8 for Solid Waste
				Processors.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.17 - Solid Waste Management: Demonstration-of-Need › Section 61-107.17.C - Demonstration-of-Need Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. No
				permit to construct a new or to expand the volume or capacity of an existing
				commercial Class Two solid waste landfill, Class Three solid waste landfill,
				solid waste incinerator, or solid waste processing facility that processes
				waste destined for disposal at a Class Three solid waste landfill shall be
				issued until a final demonstration-of-need and a consistency determination are
				approved by the Department. In determining whether there is a need for new or
				expanded solid waste management facilities listed in Section C.2, or in
				determining increases in annual disposal rates, the Department will consider
				only solid waste generated in jurisdictions subject to the provisions of a
				county or regional solid waste management plan pursuant to S.C. Code Section
				44-96-80.
				Any increase in the disposal rate shall not require a demonstration-of-need as
				long as the requested increase in disposal rate is less than the maximum
				disposal rate as determined by Section D.3.
2. Need shall be demonstrated for the
				following commercial solid waste management facilities:
a. Class Two solid waste landfills;
b. Class Three solid waste
				landfills;
c. Solid waste
				incinerators; and,
d. Solid waste
				processing facilities that process waste destined for disposal at Class Three
				solid waste landfills.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.17 - Solid Waste Management: Demonstration-of-Need › Section 61-107.17.D - Demonstration-of-Need Application Process

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Prior to submitting a permit application to the Department for a new or
				expansion of an existing Class Two solid waste landfill, Class Three solid
				waste landfill, solid waste incinerator, or solid waste processing facility
				that processes waste destined for disposal at a Class Three solid waste
				landfill, the applicant shall submit to the Department a demonstration-of-need
				request that includes the following information:
a. The name of the facility. This name will
				be used in future correspondence to identify the facility;
b. Applicant contact information to include
				the following:
(1) Name of
				applicant;
(2) Address;
(3) Telephone number;
(4) Fax number; and,
(5) E-mail address (optional);
c. The geographical coordinates of
				the facility using the geographic center of the incinerator or processing
				facility as the reference point, or the geometric center of the landfill
				footprint as the reference point, as well as a brief description of the
				location. For expansions, the reference point shall be the center of the
				facility as assigned by the Department. Use either latitude/longitude
				coordinate system in degrees, minutes and seconds (preferred) or the Universal
				Transverse Mercator (UTM) coordinate system. Describe the method for
				determining coordinates;
d. The
				type facility, i.e., Class Two solid waste landfill, Class Three solid waste
				landfill, solid waste incinerator, or solid waste processing
				facility;
e. The annual disposal
				rate or throughput, as applicable, in tons/year (specify the desired annual
				tonnage within the applicable limits);
f. The name of the host county/region;
				and,
g. The applicant's
				signature.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.17 - Solid Waste Management: Demonstration-of-Need › Section 61-107.17.E - Violations and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A violation of this regulation or violation of any permit,
				  order, or standard subjects the person to the issuance of a Department order,
				  or a civil or criminal enforcement action in accordance with S.C. Code Section
				  44-96-450
				  (1976, as amended). In addition, the Department may impose reasonable civil
				  penalties not to exceed ten thousand dollars ($10,000.00) for each day of
				  violation of the provisions of this regulation, including violation of any
				  order, permit or standard.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.17 - Solid Waste Management: Demonstration-of-Need › Section 61-107.17.F - Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
1. A
				Demonstration-of-need determination may be appealed at the time such
				determination is issued and may not be raised as part of an appeal of a
				decision on the permit.
2. A
				Department decision involving a demonstration-of-need may be appealed by an
				affected person with standing pursuant to applicable law, including S.C. Code
				Title 44, Chapter 1; and Title 1, Chapter 23.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.17 - Solid Waste Management: Demonstration-of-Need › Section 61-107.17.G - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, word, clause or
				  phrase of this regulation be declared unconstitutional or invalid for any
				  reason, the remainder of this regulation shall not be affected
				  thereby.
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.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
1. This regulation
				establishes minimum standards for the procedures, documentation, and other
				requirements which must be met for the proper site selection, design,
				operation, and closure of facilities treating contaminated soil and soil-like
				materials, here in after referred to as soil, which is not hazardous waste as
				defined by Resource Conservation and Recovery Act (RCRA), Public Law 94-580,
				and R.61-79, Hazardous Waste
				Management Regulations promulgated pursuant to the South Carolina Hazardous
				Waste Management Act, (SCHWMA), as amended, S.C. Code Ann. Section
				44-56-10
				et seq., and that has been excavated and is being treated off-site. Off-site
				treatment processes include, but are not limited to: biological,
				low-temperature thermal desorption, composting, prepared beds, bioreactors,
				soil slurry reactors, chemical oxidation, soil washing, incineration, and
				biopile technology. Other Department or other agency laws and regulations may
				apply to the treatment or handling of soil not addressed in this regulation and
				to other entities who might handle the soil before or after
				treatment.
2. This regulation is
				not applicable to on-site treatment of contaminated soil of any kind.
3. A research, development, and demonstration
				(RD&D) permit, pursuant to R.61-107.10, Solid Waste Management: Research,
				Development, and Demonstration Permit Criteria, may be required for the
				treatment of soil based on the contaminant and the proposed treatment
				technology, and at the discretion of the Department.
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.D - Administrative Review

Current through Register Vol. 48, No. 6, June 28, 2024
All off-site soil treatment facilities shall request and
				  obtain a Department permit pursuant to this regulation.
1. The first phase of the Department's review
				is the administrative review. All permit requests submitted to the Department
				shall include three (3) copies of the following documents for administrative
				review:
a. A letter from the host
				region/county of the soil treatment facility stating that the facility is
				consistent with the host region/county's solid waste management plan;
b. A letter of proof of proper zoning and
				land use from the county or city;
c. A letter from the Office of Ocean and
				Coastal Resources Management (OCRM) stating that the project is consistent with
				the South Carolina Coastal Zone Management Plan if the proposed treatment
				facility is located in the coastal zone as defined by the OCRM or stating that
				the facility is exempt from this requirement because it is not located in that
				zone;
d. A letter from the
				Department's air program stating that the project is consistent with the goals
				of the South Carolina State Implementation Plan.
e. A disclosure statement, pursuant to S.C.
				Code Section
				44-96-300,
				as amended. The Department may accept one disclosure statement for multiple
				facility permit applicants. Local governments and regions comprised of local
				governments are exempt from this requirement;
f. A cost estimate for complete closure of
				the facility. This estimate requires Department approval prior to the
				owner/operator establishing a financial assurance mechanism pursuant to Section
				E. of this regulation that shall ensure satisfactory closure of the
				facility;
g. A written request for
				any variances from the requirements of this regulation;
h. A completed permit application on a form
				provided by the Department, to include a brief description of the method of
				soil treatment;
i. Complete
				engineering plans and reports that are stamped by a South Carolina Licensed
				Professional Engineer in accordance with Section E. of this regulation;
				and,
j. A letter of approval from
				the State Toxicologist for the use of chemical and biological agents, if
				applicable.
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.E - Technical Review and Design Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
The Department's technical review of the permit application
				  will involve the documents addressed in this section. All soil treatment
				  facilities shall meet the criteria established in this section.
1. Siting Requirements.
a. Engineering Plans and Reports. The
				engineering plans and reports, pursuant to Section D.1.i. of this regulation,
				shall include the following documents:
(1) A
				site plan of the facility layout on a scale of not greater than two hundred
				(200) feet per inch clearly identifying conditions at the site. This plan shall
				at a minimum identify the following items:
(a)
				Identified on plan as "existing": property boundaries and all existing site
				conditions to be utilized in the operation of the soil treatment facility
				including, but not limited to, structures, access roads, on-site roads, parking
				areas, loading and unloading areas, soil storage areas, processing areas,
				fences, and gates; and
(b)
				Identified on plan as "proposed": all proposed site conditions that will be
				constructed including, but not limited to, structures, access roads, loading
				and unloading areas, soil storage areas, processing areas, fences, and gates;
				and,
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.G - Monitoring and Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. Should the Department have evidence to
				suspect potential environmental and/or health problems associated with the
				treatment facility, monitoring (including groundwater, surface water, and air
				quality) may be required by the Department, as appropriate, and based on a
				case-by-case evaluation to ensure protection of the environment.
2. An annual report, on a form provided by,
				or acceptable to, the Department, shall be submitted to the Department by
				October 15 for the previous fiscal year (July 1 through June 30,) which
				includes, at a minimum, the following information:
a. The total quantity in tons of contaminated
				soil received at the facility for the previous fiscal year;
b. The total quantity in tons of treated soil
				transported off-site and the destination of this soil; and,
c. The county in South Carolina in which the
				contaminated soil originated, or the State if the soil originated outside South
				Carolina.
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.H - Closure and Post-Closure Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
The following closure and post-closure procedures addressed
				  in this section apply to all soil treatment facilities:
1. At least sixty (60) days prior to closure,
				the owner or operator shall submit to the Department written notice of intent
				to close and a proposed closure date;
2. Upon closing, the owner or operator shall
				immediately remove all treated soil, properly dispose of any waste associated
				with the treatment process, transport all contaminated soil to either another
				permitted soil treatment facility or permitted disposal facility, and post
				signs at the facility which state that the facility is no longer in
				operation;
3. Within thirty (30)
				days of final removal of all contaminated and treated soil, the owner or
				operator shall complete closure as outlined in the facility's approved closure
				plan and notify the Department;
4.
				After receiving notification that the facility closure is complete, the
				Department will conduct an inspection of the facility. If all procedures have
				been correctly completed, the Department will approve the closure in writing,
				at which time the Department permit shall be terminated; and,
5. If the Department's inspection reveals
				that closure, as outlined in the facility's approved closure plan, is
				incomplete, the owner or operator shall submit to the Department a post-closure
				care plan for Department approval to address the deficiencies noted by the
				Department. Post closure environmental monitoring and/or corrective action may
				be required. This post-closure care plan, if required, shall be submitted
				within thirty (30) days of the inspection, and shall include a time
				table.
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.I - Violations and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A violation of this regulation or any permit, order, or
				  standard issued pursuant to or related to this regulation subjects the person
				  to the issuance of a Department order or to civil enforcement action in
				  accordance with S.C. Code Section
				  44-96-450,
				  as amended, which may include civil penalties in accordance with the Solid
				  Waste Policy and Management Act (SCPMA) and any amendments thereto. Willful
				  violation of this regulation or any permit, order, or standard issued pursuant
				  to or related to this regulation subjects the person to the issuance of a
				  Department order which may also include civil penalties in accordance with the
				  SCPMA, as amended, and may also result in a criminal enforcement action in
				  accordance with S.C. Code Section
				  44-96-450,
				  as amended. Any person to whom an administrative order is issued may appeal it
				  as a contested case pursuant to R.61-72, Procedures for Contested
				  Cases, and the S.C. Administrative Procedures Act, S.C. Code Section
				  1-23-310 et seq., as
				  amended.
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.J - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, clause or phrase of
				  this regulation be declared unconstitutional or invalid for any reason, the
				  remainder of this regulation shall not be affected thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part I - General Requirements › Section 61-107.19.I.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
1. This regulation
				  establishes minimum standards for the site selection, design, operation, and
				  closure of all solid waste landfills and structural fill areas. Disposal of
				  waste under the purview of this regulation is based on the waste's
				  chemical/physical properties and is not dependent upon the source of generation
				  with the exception of municipal solid waste that shall be disposed in Class
				  Three landfills. This regulation is divided into the following parts:
a. Part I outlines the general criteria that
				  applies to one or more Parts of the regulation, e.g., the applicability for the
				  regulation, waste characterization requirements for determining the type of
				  landfill needed, definitions for the purposes of this regulation;
b. Part II outlines the Permit-by-rule
				  requirements for structural fill activity using a limited waste
				  stream;
c. Part III outlines the
				  General Permitting requirements for Class One Landfills - using land-clearing
				  debris, and yard trash to fill low areas, including permitted mining sites, for
				  an aesthetic benefit or property enhancement;
d. Part IV outlines the requirements for
				  Class Two Landfills - all landfills for the disposal of waste as outlined in
				  Appendix I of this regulation, and similar waste, and wastes that test,
				  pursuant to Section C of this Part, less than ten (10) times the maximum
				  contaminant level (MCL) as published in R.61-58, State Primary Drinking
				  Water Regulation current at the time of the permit application. When a waste
				  not listed in Appendix I is approved by the Department for disposal, the
				  landfill's permit will be modified to include the acceptability of the approved
				  waste; and,
e. Part V outlines the
				  requirements for Class Three Landfills that accept municipal solid waste,
				  industrial solid waste, sewage sludge, nonhazardous municipal solid waste
				  incinerator ash and other nonhazardous wastes.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part I - General Requirements › Section 61-107.19.I.D - Permit Application Process

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				  Determination of Need and Consistency.
a.
				  Prior to submittal of a permit application to the Department for a new or
				  expanded Class Two or Class Three Landfill, the applicant shall provide
				  documentation of property ownership (e.g., tax map or deed) or proof of
				  property control (e.g., contract) and request the following determinations by
				  the Department:
(1) That there is a need for
				  the proposed landfill or landfill expansion pursuant to Regulation Regulation
				  61-107.17 and that the
				  Department has determined the maximum yearly disposal rate pursuant to
				  Regulation 61-107.17;
(2) That the
				  proposed landfill or landfill expansion is consistent with the State and
				  county/region solid waste management plans pursuant to S.C. Section
				  44-96-290(F);
(3) That the proposed landfill or landfill
				  expansion is consistent with local zoning, land use, and any other applicable
				  ordinances pursuant to S.C. Code Section
				  44-96-290(F);
(4) That the proposed landfill or landfill
				  expansion meets the buffer requirements set forth in Part IV, B.1.a. of this
				  Regulation for Class Two landfills and Part V, Subpart B.258.18.a. of this
				  Regulation for class Three landfills;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part I - General Requirements › Section 61-107.19.I.E - Financial Assurance Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
The requirements of this Section apply to all: Class One
					 landfills, except landfills owned and operated by local government or a region
					 comprised of local governments, State or Federal government; Class Two
					 landfills, except landfills owned and operated by local government or a region
					 comprised of local governments, State or Federal government; and, Class Three
					 landfills, except landfills owned and operated by State or Federal government
					 entities whose debts and liabilities are the debts and liabilities of the State
					 or the United States.
1. Financial
				  Assurance for Closure.
a. The permittee shall
				  have a detailed written estimate, in current dollars, of the cost of hiring a
				  third party to close the largest area of the landfill ever requiring a final
				  cover at any time during the active life in accordance with the closure plan.
				  The permittee shall submit a copy of the estimate to the Department for review
				  and approval.
(1) The cost estimate shall
				  equal the cost of closing the largest area of the landfill ever requiring a
				  final cover at any time during the active life when the extent and manner of
				  its operation would make closure the most expensive, as indicated by its
				  closure plan.
(2) During the active
				  life of the landfill, the permittee shall annually adjust the closure cost
				  estimate for inflation.
(3) The
				  permittee shall increase the closure cost estimate and the amount of financial
				  assurance provided if changes to the closure plan or landfill conditions
				  increase the maximum cost of closure at any time during the remaining active
				  life.
(4) The permittee may reduce
				  the closure cost estimate and the amount of financial assurance provided for
				  proper closure if the cost estimate exceeds the maximum cost of closure at any
				  time during the remaining life of the landfill. The permittee shall submit
				  justification for the reduction of the closure cost estimate and the amount of
				  financial assurance to the Department for review and approval.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part I - General Requirements › Section 61-107.19.I.G - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
Should any regulation, paragraph, sentence, clause or
					 phrase of this regulation be declared unconstitutional or invalid for any
					 reason, the remainder of this regulation shall not be affected
					 thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part I - General Requirements › Section 61-107.19.I.H - Violations and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A violation of this regulation or violation of any permit,
					 order, or standard subjects the person to the issuance of a Department order,
					 or a civil or criminal enforcement action in accordance with S.C. Code Section
					 44-96-450.
					 In addition, the Department may impose reasonable civil penalties not to exceed
					 ten thousand dollars ($10,000.00) for each day of violation of the provisions
					 of this regulation, including violation of any order, permit or
					 standard.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part I - General Requirements › Section 61-107.19.I.I - Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
1. A Department decision involving the
				  issuance, denial, renewal, suspension, revocation or request for a variance of
				  a permit may be appealed by an affected person with standing pursuant to
				  applicable law, including S.C. Code Title 44, Chapter 1; and Title 1, Chapter
				  23. Any person to whom an order is issued may appeal it pursuant to applicable
				  law.
2. Determinations of Need and
				  Consistency pursuant to Part I, Section D.1. may be appealed at the time such
				  determinations are issued and may not be raised as part of an appeal of a
				  decision on the permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part I - General Requirements › Section 61-107.19.I.J - Variances

Current through Register Vol. 48, No. 6, June 28, 2024
Any request for variances to these rules and regulations
					 shall be directed in writing to, and will be considered by, the Department on
					 an individual basis.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part II - Permit-by-rule: Short Term Structural Fill › Section 61-107.19.II.A - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
Structural fill activities shall comply with the
					 requirements in this Part.
1.
				  Structural fill activity shall be deemed to have a permit for disposal of the
				  items listed below when the site is registered with the Department, and
				  designed, constructed and operated in compliance with the requirements in this
				  Part. Written approval from the Department to operate under the Permit-by-rule
				  shall be obtained prior to filling. Approval for structural fill areas may be
				  issued per tract of land and no less than 500 feet from a present or former
				  fill area on the same tract of land under the same ownership, unless otherwise
				  approved by the Department.
2.
				  Structural fill may not provide a sound structural base for building
				  purposes.
3. Structural fill
				  activity in rights-of-way directly related to road construction under contract
				  with the S.C. Department of Transportation shall be exempt from this
				  Part.
4. Department approved
				  structural fill activity shall:
a. Have a
				  proposed life of twelve (12) months or less;
b. Occupy one
(1) acre in size or less;
c. Use only those items listed
				  below that have not been contaminated by hazardous constituents listed in the
				  S.C. Hazardous Waste Management Regulations61-79.261 (e.g., pesticides),
				  petroleum products, or painted with lead-based paint:
(1) Hardened concrete (may include
				  rebar);
(2) Hardened asphaltic
				  concrete;
(3) Bricks;
(4) Masonry blocks; and,
(5) Land-clearing debris; and,
d. Be consistent with the South
				  Carolina Coastal Zone Management Plan if the fill area is located in the
				  coastal zone as defined in SC Code Section
				  48-39-10.B.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part II - Permit-by-rule: Short Term Structural Fill › Section 61-107.19.II.B - Permit-by-rule Registration Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. Prior to engaging in structural fill
				  activity, the landowner or landowner's agent shall receive written approval
				  from the Department to operate under the Permit-by-rule for a specific site.
				  "Agent" means one that acts for or as a representative of another. To request
				  approval and register a site, a completed registration form provided by the
				  Department and all information required by this Part shall be submitted to the
				  Department. The Department will process the administratively complete
				  registration and notify the owner/agent in writing if the site is approved for
				  structural fill activity under the Permit-by-rule.
2. All required information submitted to the
				  Department shall be complete and accurate. The landowner and agent shall sign
				  the registration form and the following certification: "I certify under penalty
				  of law that I have personally examined and am familiar with the information
				  submitted in the attached document; and, I believe 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."
3. To request
				  approval to operate under the Permit-by-rule, three copies of the following
				  documents shall be submitted to the Department:
a. A registration form provided by the
				  Department;
b. A current county map
				  showing the location of the proposed fill area;
c. Proof of ownership or control of the
				  property;
d. Site information to
				  include:
(1) A written description of the
				  location of the area that will accept the fill material including road
				  names/numbers;
(2) The source(s)
				  supplying the fill material;
(3)
				  The anticipated time frame for filling the area;
(4) The size of the area to be
				  filled;
(5) The maximum volume the
				  fill area will be capable of receiving; and,
(6) The latitude and longitude coordinates of
				  the proposed fill area;
e. An explanation of how the waste will be
				  compacted and the cover applied; and,
f. Other pertinent information as deemed
				  appropriate by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part II - Permit-by-rule: Short Term Structural Fill › Section 61-107.19.II.C - Location Restrictions

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				  Buffers. The boundary of the fill area shall not be located within:
a. 100 feet of any property line. Variances
				  may be requested and granted on a case-by-case basis upon submittal of written
				  consent from the adjacent landowner(s);
b. 200 feet of any residence, school,
				  day-care center, church, hospital and publicly owned recreational park
				  area;
c. 200 feet of any surface
				  water that holds visible water for greater than six consecutive months,
				  excluding ditches, sedimentation ponds, and other operational features on the
				  site;
d. 100 feet of any drinking
				  water well. A greater buffer may be required for compliance with the
				  Department's Bureau of Water requirements;
e. The right-of-way of underground or above
				  ground utility equipment or structures, i.e., water lines, sewer lines, storm
				  drains, telephone lines, electric lines, etc., without the written approval of
				  the impacted utility; and,
f. 50
				  feet of any wetlands, unless the permittee has obtained the permits and/or
				  authorizations required by all other state and federal laws and regulations for
				  the impact of such wetlands.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part II - Permit-by-rule: Short Term Structural Fill › Section 61-107.19.II.D - Design Requirements for Structural Fill

Current through Register Vol. 48, No. 6, June 28, 2024
1. The fill area shall meet the following
				  standards, unless otherwise approved in writing by the Department:
a. Fill areas located in the 100-year
				  floodplain shall not restrict the flow of the 100-year flood;
b. The fill area shall be consistent with the
				  South Carolina Coastal Zone Management Plan if the site is located in the
				  coastal zone as defined in SC Code Section
				  48-39-10.B.;
c. Access to the structural fill area shall
				  be controlled through the use of fences, gates, berms, natural barriers, or
				  other means to prevent promiscuous dumping and unauthorized access;
				  and,
d. Fill material shall not be
				  placed in water. If the fill area becomes inundated with water, all water shall
				  be removed before adding additional fill material.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part II - Permit-by-rule: Short Term Structural Fill › Section 61-107.19.II.E - Operating Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
The following operational requirements shall apply to all
					 structural fill activity, unless otherwise approved in writing by the
					 Department:
1. The fill area shall
				  accept only those waste items listed below that have not been painted with
				  lead-based paint, and have not been contaminated by hazardous constituents
				  listed in the S.C. Hazardous Waste Management Regulations61-79.261 (e.g.,
				  pesticides), or petroleum products, and that have been reduced in size to less
				  than or equal to one (<=1) cubic yard pieces with no side exceeding three
				  feet in length:
a. Hardened concrete (may
				  include rebar);
b. Hardened
				  asphaltic concrete;
c.
				  Bricks;
d. Masonry blocks;
				  and,
e. Land-clearing
				  debris.