reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part IV - Permit Application › Section B - Notice

Current through Register Vol. 48, No. 6, June 28, 2024
1. Within fifteen
				  (15) days of submitting an application to the Department, an applicant for a
				  prospective Type Two and/or Type Three facility shall give notice of the
				  proposed activity. Notice shall be sent, via certified mail that a permit to
				  operate has been applied for, to the county administrator, the county planning
				  office, and all owners of real property as they appear on the county tax maps,
				  as contiguous landowners of the proposed permit area, including properties that
				  are across a road or any other right-of-way that may separate the parcels. This
				  notice shall contain:
a. The name and address
				  of the applicant;
b. The type of
				  facility and what it will produce, for example, mulch, compost;
c. A detailed description of the location of
				  the facility, using road numbers, street names, and landmarks, as
				  appropriate;
d. A description of
				  the feedstocks the facility will utilize;
e. Department locations (Central Office and
				  appropriate Regional Office) where a copy of the permit application will be
				  available for review during normal working hours; and
f. The Department address and contact name
				  for submittal of comments and inquiries.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part IV - Permit Application › Section C - Application Review and Permit Decision

Current through Register Vol. 48, No. 6, June 28, 2024
1. If an
				  applicant submits an incomplete application, the Department shall notify the
				  applicant in writing. If the requested information is not provided within one
				  hundred eighty (180) calendar days of receipt of the notification, the
				  application may be considered withdrawn. The Department will notify the
				  applicant in writing when an application is considered withdrawn.
2. The Department shall deny a permit for a
				  facility that it determines does not meet the requirements of this
				  regulation.
3. The Department may
				  include additional conditions in a permit when the Department determines that
				  the operation requires safeguards to protect human health and safety or the
				  environment.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part IV - Permit Application › Section D - Permit Modifications

Current through Register Vol. 48, No. 6, June 28, 2024
Permit modifications must be requested in writing and may
					 not be implemented without prior written consent from the Department. The
					 Department may require Noticing as described in this regulation for
					 modifications that impact the allowable feedstock categories, that impact
					 buffers, or that the Department determines may otherwise impact adjoining
					 properties.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part IV - Permit Application › Section E - Transfer of Ownership

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				  Department may, upon written request, transfer a permit, as appropriate, to a
				  new permittee where no other change in the permit is necessary.
2. The proposed new owner of a permitted
				  facility shall, prior to the scheduled change in ownership, submit to the
				  Department:
a. A completed and signed
				  application form provided by the Department;
b. A written agreement signed by both parties
				  indicating the intent to change ownership or operating responsibility of the
				  facility;
c. A disclosure statement
				  in accordance with S.C. Code Section
				  44-96-300,
				  except that local government and regions comprised of local governments are
				  exempt from this requirement; and
d. Documentation of financial assurance as
				  required.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part V - General Permits › Section A - General Permit Issuance

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may issue one or more general permits for
					 facilities described as Type One and Type Two facilities
1. A general permit shall, at a minimum,
				  outline the following:
a. Noticing
				  requirements, including Intent to Operate and public Noticing;
b. Location, siting, and design
				  criteria;
c. Operating, monitoring,
				  and reporting criteria;
d.
				  Financial assurance requirements; and
e. Closure requirements.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part V - General Permits › Section B - Application for Coverage under a General Permit

Current through Register Vol. 48, No. 6, June 28, 2024
1. An
				  operator seeking coverage under a General Permit shall request approval from
				  the Department with a completed Notice of Intent form provided by the
				  Department.
2. A Notice of Intent
				  shall include signatures of the permit applicant and of the landowner, a signed
				  certification that operations will be conducted in accordance with the General
				  Permit, and evidence that the applicant has secured a financial assurance
				  mechanism in accordance with the requirements of this regulation.
3. The applicant shall also provide a copy of
				  the Notice of Intent to the appropriate local government.
4. A facility may begin operating under a
				  General Permit after a written approval from the Department has been received
				  by the facility operator. Written approval shall not be issued less than thirty
				  (30) days of the date of submission of the Notice of Intent.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part V - General Permits › Section C - Corrective Measures and General Permit Revocation

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				  Upon a determination by the Department and written notification that the
				  facility operating under a general permit poses an actual or potential threat
				  to human health or the environment, the Department may require the permittee to
				  implement corrective measures as appropriate.
2. Approval to operate under a General Permit
				  may be revoked for failure to comply with the conditions of the General Permit
				  or this regulation.
a. Whenever the
				  Department finds that material or substantial violations demonstrate a
				  disregard for, or inability to comply with a general permit, and that these
				  violations would make continuation of the approval to operate under a general
				  permit not in the best interest of human health and safety or the environment,
				  the Department may, after a hearing, revoke the approval to operate as
				  appropriate and necessary.
b. For
				  the purposes of this regulation, "hearing" means a conference between the
				  Department and a permittee, during which the permittee is given opportunity to
				  respond to a written notice of alleged violation, and may be accompanied by
				  legal and/or technical counsel, at the conference.
c. If, after a hearing, the Department
				  determines that approval to operate under authority of a general permit should
				  be revoked, an administrative order revoking the approval will be
				  issued.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part VI - Prohibitions › Section A - Open Dumping

Current through Register Vol. 48, No. 6, June 28, 2024
Open dumping of land-clearing debris, yard trimmings and
					 other organics is prohibited.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part VI - Prohibitions › Section B - Open Burning

Current through Register Vol. 48, No. 6, June 28, 2024
Open burning of land-clearing debris, yard trimmings and
					 other organics is prohibited except as approved by the Department for emergency
					 storm debris management or as allowed by Air Pollution Control Regulations and
					 Standards R.61-62.2, Prohibition of Open
					 Burning.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Appendix - Appendix: Feedstock Categories › Section A - Feedstock Categories

Current through Register Vol. 48, No. 6, June 28, 2024
This Appendix defines categories of common organic
						feedstocks for composting. The feedstock characteristics of Carbon-to-Nitrogen
						ratio, moisture, pathogen content, source variability, non-compostable
						contaminants, trace metals, and toxic metals content are considered when
						assessing appropriate facility design features and quality assurance monitoring
						necessary to produce beneficial products in an environmentally protective
						process. The Department will use these characteristics to assign the category
						and level of risk posed for any feedstock not listed here. Any mixture of
						feedstocks for composting shall assume the level of risk for the most
						problematic feedstock in the mixture.
1. Feedstock Category One.
Category One feedstocks have a high Carbon-to-Nitrogen
						ratio and pose limited risk of contamination from pathogens, trace metals,
						hazardous constituents, or physical contaminants that are not compostable.
						These feedstocks also have low moisture content. Grass clippings have a lower
						Carbon-to-Nitrogen ratio than other Category One feedstocks, but are included
						in this category because they are commonly collected with leaf and limb debris.
						This category includes only:
a. Yard
					 trimmings, leaves, and grass clippings;
b. Land-clearing debris;
c. Wood, woodchips, and sawdust, from
					 untreated and unpainted wood that has not been in direct contact with hazardous
					 constituents;
d. Agricultural crop
					 field residuals;
e. Compostable
					 bags commonly used for collecting and transporting yard trimmings, leaves, and
					 grass clippings; and
f. Similar
					 materials as specifically approved in writing by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Appendix - Appendix: Feedstock Categories › Section B - Prohibited Feedstocks

Current through Register Vol. 48, No. 6, June 28, 2024
Composting of materials containing the following items is
						not allowable under this regulation:
1.
					 Municipal solid waste, except those activities under which after a two-year
					 period of operation in compliance with a permit issued under authority of
					 R.61-107.10, SWM: Research, Development, and Demonstration Permit Criteria,
					 have been determined by the Department to have adequately achieved their
					 objectives and satisfactorily protected public health, safety, and the
					 environment;
2. Friable and
					 non-friable asbestos as defined by R.61-86.1, Standards Of Performance For
					 Asbestos Projects;
3. Biomedical or
					 infectious wastes as defined by R.61-105, Infectious Waste
					 Management;
4. 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. Sections
					 44-56-10
					 et seq.;
5. Materials for compost
					 or mulch production that contain or are contaminated with Polychlorinated
					 biphenyl (PCB) where concentrations are greater than quantifiable detection
					 limits;
6. Source, special nuclear,
					 or by-product material as defined by the Atomic Energy Act of 1954, as
					 amended;
7. Radioactive material
					 managed pursuant to R.61-63, Radiological Materials (Title A); and
8. Materials resulting from coal combustion,
					 including but not limited to, fly ash, bottom ash, boiler slag, and flue gas
					 desulfurization materials.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.5 - Solid Waste Management: Collection, Temporary Storage and Transportation of Municipal Solid Waste › Section 61-107.5.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
1. This regulation
				is to establish minimum standards for the collection, temporary storage, and
				transportation of solid waste prior to processing, disposal, etc. of that
				waste. This regulation applies to any person who collects, temporarily stores,
				and/or transports municipal solid waste. Recovered materials are not subject to
				the requirements of this regulation.
2. Facilities collecting, temporarily
				storing, and transporting industrial solid waste generated solely in the course
				of normal operations on property under the same ownership or control as the
				facility are exempt from the requirements of this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.5 - Solid Waste Management: Collection, Temporary Storage and Transportation of Municipal Solid Waste › Section 61-107.5.C - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				collection, temporary storage and transporting of municipal solid waste shall
				be conducted in a manner to:
a. Inhibit the
				harborage of flies, rodents, and other vectors;
b. Prevent conditions for transmission of
				diseases to man or animals;
c.
				Prevent blowing debris and particulates so as not to be injurious to human
				health and the environment;
d.
				Prevent water pollution and prevent the escape of solid waste or leachate to
				waters of the State; and,
e.
				Minimize objectionable odors, dust, unsightliness, and aesthetically
				objectionable conditions, and prevent the accumulation of materials in an
				untidy and unsafe manner so as to become a fire and safety hazard.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.5 - Solid Waste Management: Collection, Temporary Storage and Transportation of Municipal Solid Waste › Section 61-107.5.D - Collection of Municipal Solid Waste

Current through Register Vol. 48, No. 6, June 28, 2024
1. Organized collection, e.g., drop-off
				centers, convenience centers, green boxes, curbside, etc., of putrescible solid
				waste shall be at a frequency which ensures the prevention of hazards and
				nuisances to health and the environment. Curbside collection of putrescible
				waste from residences shall be no less often than one (1) day per week.
				Collection from solid waste storage containers for putrescible waste from
				residences, food service facilities, e.g., restaurants, etc., shall be no less
				often than two (2) days per week unless an extension is requested and approved
				by the Department. If the potential for nuisances and/or hazards to health
				and/or the environment are detected, the Department may require more frequent
				collection. Collection of putrescible solid waste from food service facilities,
				e.g., restaurants, etc., may require daily collection to ensure the prevention
				of hazards and nuisances.
2.
				Organized collection of nonputrescible municipal solid waste shall be at a
				frequency which ensures the prevention of hazards and nuisances to health and
				the environment, but no less often than one (1) day per week unless an
				extension is requested and approved by the Department. This weekly collection
				requirement does not apply to construction and demolition debris.
3. Collectors shall ultimately dispose of
				solid waste at facilities and/or sites permitted or registered by the
				Department for processing or disposal of that waste stream.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.5 - Solid Waste Management: Collection, Temporary Storage and Transportation of Municipal Solid Waste › Section 61-107.5.E - Municipal Solid Waste Storage Containers

Current through Register Vol. 48, No. 6, June 28, 2024
1. Municipal solid waste storage containers
				shall be properly maintained to inhibit the harborage of vectors and to
				minimize objectionable odors.
2.
				Municipal solid waste storage containers shall be of construction which is
				readily cleanable with proper drainage to prevent pooling of water.
3. Areas around municipal solid waste storage
				containers shall be properly maintained to prevent hazards to health and the
				environment. Collectors shall be responsible for cleaning up refuse spilled
				during collection. Residents, businesses and industries shall be responsible
				for keeping the area clean.
4.
				Municipal solid waste storage containers shall not be closer than fifty (50)
				feet horizontal distance from the normal highwater mark of any waters of the
				State unless special provision is made which prevents wastes, or drainage
				therefrom, from entering waters of the State.
5. Whenever possible, municipal solid waste
				storage containers shall not be located in a 100-year flood plain. Municipal
				solid waste storage containers located in a 100-year flood plain shall
				demonstrate that the container will not restrict the flow of the 100-year
				flood.
6. Municipal solid waste
				storage containers shall not be located within 100 feet of a ground water
				well.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.5 - Solid Waste Management: Collection, Temporary Storage and Transportation of Municipal Solid Waste › Section 61-107.5.F - Municipal Solid Waste Collection and Transportation Vehicles

Current through Register Vol. 48, No. 6, June 28, 2024
1. All vehicles
				used to collect and/or transport municipal solid waste shall be constructed and
				maintained so as to prevent dropping, sifting, or blowing or other escapement
				of solid waste from the vehicle.
2.
				Precautions shall be taken to prevent spillage or leakage during transport from
				all vehicles used to collect and/or transport municipal solid wastes that
				produce leachate.
3. All vehicles
				used to collect and/or transport putrescible solid wastes shall be emptied on a
				daily basis, unless an exemption is requested and approved by the
				Department.
4. Collection and
				transportation vehicles or other devices used in transporting putrescible solid
				waste shall be cleaned and maintained as often as necessary to prevent odors,
				insects, rodents, or other nuisance conditions.
5. The disposal of the waste water from the
				routine cleaning of municipal solid waste collection and transportation
				vehicles, i.e., the areas of the vehicle that come into contact with solid
				waste, shall be approved by the Department's Bureau of Water Pollution Control
				and the appropriate sewer system, if applicable, prior to disposal. Vehicles
				used only for the collection of inert waste, yard trash and land clearing
				debris are exempt from this subsection.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.5 - Solid Waste Management: Collection, Temporary Storage and Transportation of Municipal Solid Waste › Section 61-107.5.G - 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 Code Section
				  48-1-330, or
				  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 Code Section
				  48-1-320,
				  or
				  44-96-450.
				  A person to whom an order is issued may appeal it as a contested case pursuant
				  to R.61-72 and the Administrative
				  Procedures Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.5 - Solid Waste Management: Collection, Temporary Storage and Transportation of Municipal Solid Waste › Section 61-107.5.H - 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 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
1. This regulation
				establishes the procedures, documentation, and other requirements which must be
				met for the proper operation and management of all solid waste processing
				facilities, including the processing activities involving the unrecoverable
				solid waste at a Materials Recovery Facility. However, this regulation does not
				apply to Recovered Materials Processing Facilities.
2. Waste tire processing facilities and
				composting facilities shall comply with their respective regulations, unless
				otherwise specified by the Department.
3. Solid waste management facilities commonly
				referred to as "drop-off centers" or "convenience centers", designed for the
				receipt of solid waste, from personal, non-commercial vehicles, destined for
				delivery of such waste to another Solid Waste Management Facility (e.g.
				recycling, processing, treatment, disposal) will not be regulated as solid
				waste processing facilities.
4.
				Facilities processing solid waste generated in the course of normal operations
				on property under the same ownership or control as the solid waste processing
				facility are exempt from the requirements of this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.C - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				siting, design, construction, operation, closure, and post-closure activities
				of new or expanding solid waste processing facilities shall conform to the
				standards set forth in this regulation. The Department may, on a case by case
				basis, allow variances to the siting, design, construction, operation, closure,
				and post-closure requirements found in this regulation, for wastes regulated
				under R.61-107.11 only.
2. Within
				six (6) months of the effective date of this regulation, all owners and/or
				operators of existing solid waste processing facilities shall submit, to the
				Department, as-built plans of the existing facility.
3. Within twelve (12) months of the effective
				date of this regulation, existing facilities which receive solid waste for
				processing shall be required to conform with these regulations, unless
				otherwise approved by the Department.
4. The Department shall require a disclosure
				statement from the permit applicant in accordance with Code Section
				44-96-300.
				Local governments and regions comprised of local governments are exempt from
				this requirement. The Department may accept one (1) disclosure statement for
				multiple facility permit applicants.
5. A permit shall be required for each site
				or facility although the Department may include one (1) or more different types
				of facilities in a single permit if the facilities are collocated on the same
				site.
6. Waste tire processing
				facilities and composting facilities shall comply with their respective
				regulations, unless otherwise specified by the Department.
7. The permittee of a solid waste processing
				facility shall notify the Department prior to transfer of ownership or
				operation of the facility during its operating life or during the post-closure
				care period. The Department will approve a reissuance of the permit to the new
				owner provided that the facility is in compliance and the new owner agrees in
				writing to assume responsibility in accordance with these
				regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.E - Location Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Location requirements addressed in this section apply to all
				  solid waste processing facilities, unless otherwise approved by the
				  Department.
1. Solid waste processing
				facilities shall be adjacent to or have direct access to roads which are of all
				weather construction and capable of withstanding anticipated load
				limits.
2. Solid waste processing
				facilities located in 100-year floodplains shall demonstrate that the facility
				will not restrict the flow of the 100-year flood.
3. The active waste handling area of a solid
				waste processing facility shall not be located within two hundred (200) feet of
				any surface water, excluding drainage ditches and sedimentation
				ponds.
4. A solid waste processing
				facility shall not be located within any wetlands as delineated and defined
				specifically as wetlands according to the methodology accepted by the U. S.
				Army Corps of Engineers and the U. S. Environmental Protection
				Agency.
5. The active waste
				handling area of a solid waste processing facility, shall not extend closer
				than one hundred (100) feet to any drinking water well.
6. Locations shall allow for sufficient room
				to minimize traffic congestion and allow for safe operation.
7. No solid waste processing unit shall
				extend closer than one hundred (100) feet to any property line.
8. The active waste handling area of a solid
				waste processing facility, shall not extend closer than two hundred (200) feet
				to residences, schools, hospitals and recreational park areas.
9. Facilities shall adhere to all Federal,
				State, and local zoning, land use and other applicable local
				ordinances.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.F - Operations Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
A solid waste processing facility shall be designed and
				  operated according to the minimum criteria listed in this section.
1. Access Controls. The operator shall
				restrict the presence of, and shall minimize the possibility of any
				unauthorized entry onto the facility site. A statement of the days and hours of
				operation shall be posted at the entrance of the facility and access, except
				for Department and/or emergency personnel, shall be limited to those times when
				authorized personnel are on duty.
2. Reporting and Record Keeping Requirements.
				All facilities shall:
a. Notify the
				Department's District Director, in the district in which the facility is
				located, if an unscheduled total facility shutdown exceeds twenty-four (24)
				hours;
b. Prepare and submit to the
				Department an annual report in a form provided by or acceptable to the
				Department by October 15, for the previous fiscal year; and,
c. Maintain a copy of all required reports at
				the facility for a period not less than five (5) years, and make these reports
				available to Department personnel upon request.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.G - Monitoring and Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. Should the Department confirm
				environmental and/or health problems associated with the facility, monitoring
				(including groundwater, surface water, and air quality monitoring and analyses,
				and product quality testing and analysis) 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
				shall be submitted to the Department, by October 15, which includes at a
				minimum, the following information:
a.
				Sources, type, and total quantity in weight and/or volume of waste received at
				the facility for the previous year;
b. A description of the method and quantity
				of the distribution and/or disposal of the end product;
c. A description of the method and quantity
				of the distribution and/or disposal of unauthorized waste received at the
				facility;
d. The county in which
				the solid waste originated, or if the waste originated outside South Carolina,
				the county and the state; and,
e.
				The transporters of waste.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.H - Closure and Post-Closure Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
1. Financial Assurance.
Facilities shall fund a financial responsibility mechanism
				  acceptable to the Department to ensure the satisfactory closure and
				  post-closure care prior to accepting waste. A final closure cost estimate,
				  based on third party costs to complete closure by disposing of the maximum
				  quantity of material at a facility shall be calculated annually and adjusted
				  annually, if necessary. Local governments are exempt from this requirement
				  until such time as federal regulations require such local governments or
				  regions to demonstrate financial responsibility for such facilities and the
				  Department promulgates regulations addressing this issue.
2. Closure and Post-Closure Care Procedures.
Closure and post-closure procedures addressed in this section
				  apply to all solid waste processing facilities.
a. At least sixty (60) days prior to closure,
				provide written notice of intent to close and a proposed closure date to the
				Department. The final quantity of solid waste shall be received no less than
				thirty (30) days prior to closure date.
b. Upon closing, the owner or operator shall
				immediately remove all solid waste and post signs at the facility which state
				that the facility is no longer in operation.
c. Within thirty (30) days after receiving
				the final quantity of solid waste, the owner or operator shall remove all solid
				waste and shall remove or treat all waste residues, contaminated soils and
				equipment in accordance with the approved closure plan, and notify the
				Department upon completion.
d.
				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.
e. If the owner or operator demonstrates that
				not all contaminated soils can be practicably removed or treated, to below
				applicable standards, as required in paragraph (b) of this section, then the
				owner or operator shall submit for Department approval, a post-closure care
				plan.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.I - Personnel Training Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Solid waste processing facility personnel training programs
				  shall, at a minimum:
1.
				[Reserved]
2. identify the
				positions which will require training and a knowledge of the procedures,
				equipment, and processes at the facility;
3. describe how facility personnel will be
				trained to perform their duties in a way that ensures the facility's compliance
				with the regulations, including the proper procedures that shall be followed in
				the processing and handling of solid waste not authorized by the Department to
				be received at the facility; and,
4. be designed to ensure that facility
				personnel are able to respond effectively to emergencies by familiarizing them
				with emergency and safety equipment, emergency procedures and emergency
				systems.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.J - Corrective Action Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
If at any time, the Department determines that the solid
				  waste processing facility poses an actual or potential threat to human health
				  or the environment, the owner or operator shall implement a corrective action
				  program reviewed and approved by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.K - 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 Code Section
				  48-1-330, or
				  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 Code Section
				  48-1-320,
				  or
				  44-96-450.
				  A person to whom an order is issued may appeal it as a contested case in
				  accordance with R.61-72 and the Administrative
				  Procedures Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.L - Permit Review

Current through Register Vol. 48, No. 6, June 28, 2024
A permit issued pursuant to this regulation shall be
				  effective for the design and operational life of the facility, to be determined
				  by the Department. At least once every five (5) years, the Department will
				  review the environmental compliance history of each permitted solid waste
				  processing facility.
1. If, upon
				review, the Department finds that material or substantial violations of the
				permit demonstrate the permittee's disregard for, or inability to comply with
				applicable laws, regulations, or requirements and would make continuation of
				the permit not in the best interests of human health and safety or the
				environment, the Department may, after a hearing, amend or revoke the permit,
				as appropriate and necessary. When a permit is reviewed, the Department shall
				include additional limitations, standards, or conditions when the technical
				limitations, standards, or regulations on which the original permit was based
				have been changed by statute or amended by regulation.
2. The Department may amend or attach
				conditions to a permit when:
a. There is a
				significant change in the manner and scope of operation which may require new
				or additional permit conditions or safeguards to protect human health and
				safety and the environment;
b. The
				investigation has shown the need for additional equipment, construction,
				procedures, and testing to ensure the protection of human health and safety and
				the environment; and,
c. The
				amendment is necessary to meet changes in applicable regulatory
				requirements.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.6 - Solid Waste Management: Solid Waste Processing Facilities › Section 61-107.6.M - 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 61-107.7 - Solid Waste Management: Transfer of Solid Waste › Section 61-107.7.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
1. This regulation
				is to establish minimum standards for facilities where solid waste is
				transferred from collection vehicles to other transportation units for movement
				to another solid waste management facility prior to its processing and
				disposal. In addition, this regulation is to ensure that no unpermitted
				discharges to the environment occur during the process of transferring solid
				waste.
2. Solid waste management
				facilities commonly referred to as "drop-off centers" or "convenience centers",
				designed for the receipt of solid waste from personal, non-commercial vehicles
				and destined for delivery to another Solid Waste Management Facility (e.g.
				recycling, processing, treatment, or ultimate disposal), will not be regulated
				as transfer stations. Facilities that handle only recovered materials are not
				subject to the requirements of this regulation.
3. Facilities transferring solid waste
				generated in the course of normal operations on property under the same
				ownership or control as the waste transfer facility are exempt from the
				requirements of this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.7 - Solid Waste Management: Transfer of Solid Waste › Section 61-107.7.C - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				site, design, construction, and operation of all solid waste transfer stations
				shall conform to the standards as set forth in this regulation.
2. Any spillage or leakage of solid waste at
				a transfer station shall be contained on the storage site and unpermitted
				discharges to the environment shall be prohibited.
3. Sludges shall not be accepted at transfer
				stations and shall be transported directly to the disposal facility, disposal
				site or processing operation.
4. No
				person owning or operating a transfer station shall cause, suffer, allow, or
				permit the handling of regulated hazardous wastes or regulated infectious
				wastes at the transfer station.
5.
				Within six (6) months of the effective date of this regulation, all owners
				and/or operators of existing transfer stations shall submit to the Department
				as-built plans and specifications of the existing facility in accordance with
				Section D below.
6. Within twelve
				(12) months of the effective date of this regulation, existing facilities which
				transfer solid waste shall conform to the standards as set forth in this
				regulation unless otherwise approved by the Department.
7. If at any time, the Department determines
				that the solid waste transfer station poses an actual or potential threat to
				human health or the environment, the owner or operator shall implement a
				corrective action program. This program shall be approved by the Department
				prior to implementation.
8. The
				permittee of a solid waste transfer station shall notify the Department prior
				to transfer of ownership or operation of the facility during its operating life
				or during the post-closure care period. The Department will approve a
				reissuance of the permit to the new owner provided that the facility is in
				compliance and the new owner agrees in writing to assume responsibility in
				accordance with these regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.7 - Solid Waste Management: Transfer of Solid Waste › Section 61-107.7.F - Operation Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
The following operational requirements shall apply to all
				  facilities that transfer solid waste:
1. Procedures for preventing unauthorized
				receipt of prohibited wastes shall be addressed in the contingency
				plan;
2. The transfer station shall
				maintain a neat and orderly appearance. The facility and the interior of the
				transportation vehicles where the waste is held shall be cleaned as often as
				necessary so as to control litter, odors, rats, insects and other
				vectors;
3. All floors shall be
				free from standing water. All drainage areas shall be discharged to a sanitary
				sewer or other management method acceptable to the Department;
4. A transfer station with permanent
				operating mechanical equipment shall have an attendant on duty at all times the
				facility is open;
5. Solid wastes
				identified as nonputrescible recyclables or oversized, bulky, or untreatable
				solid waste may be temporarily stored outside on the premises for a period not
				to exceed one (1) week, unless an exemption is requested and approved by the
				Department in the facility's general operation plan, and if it does not create
				a nuisance or a sanitary or environmental problem;
6. Adequate fire protection equipment shall
				be available at all times or arrangements made with a local fire department;
				and,
7. All putrescible wastes
				shall be removed for proper disposal within twenty four (24) hours of receipt
				unless an exemption is requested and approved by the Department in the
				facility's general operating plan. All solid wastes that are not transferred
				within twenty four (24) hours shall be stored in a manner to promote vector and
				odor control.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.7 - Solid Waste Management: Transfer of Solid Waste › Section 61-107.7.G - Monitoring and Record Keeping Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. Should the Department confirm
				environmental and/or health problems associated with any solid waste transfer
				facility, monitoring (including groundwater, surface water, and air quality
				monitoring) may be required by the Department, as appropriate, and based on a
				case by case evaluation to ensure protection of the environment.
2. Transfer stations regardless of ownership
				shall maintain records of the amount of all solid waste accepted at the
				facility each day and where all wastes were disposed. This information may be
				maintained in a summary format. These records shall be maintained for no less
				than five (5) years and shall be made available to the Department upon
				request.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.7 - Solid Waste Management: Transfer of Solid Waste › Section 61-107.7.H - Closure and Post-Closure Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
The following closure and post-closure procedures apply to
				  all solid waste transfer stations:
1.
				At least sixty (60) days prior to closure, the owner or operator shall provide
				written notice of intent to close and a proposed closure date to the
				Department;
2. Upon closing, the
				owner or operator shall immediately post signs at the facility which state that
				the facility is no longer in operation and remove all solid waste from the
				facility;
3. Within thirty (30)
				days of closure, the owner or operator shall either remove or treat all waste
				residues, contaminated soils and equipment in accordance with the approved
				closure plan, and notify the Department upon completion;
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 owner or
				operator demonstrates that not all contaminated soils can be practicably
				removed or treated as required in paragraph 3. of this section, then the owner
				or operator shall submit for Department approval, a post-closure care
				plan.