South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) In addition to
				  the definitions given in R.61-79.270.2 and S.C. Hazardous Waste Management Act
				  Section
				  44-56-20,
				  the definitions listed below apply to this Part. Terms not defined in this
				  section have the meaning given by the appropriate Act.
"Administrator" means the Administrator of the U.S.
					 Environmental Protection Agency, or an authorized representative (revised
					 12/92).
"Applicable standards and limitations" means all State,
					 interstate, and Federal standards and limitations to which a "discharge," a
					 "sludge or disposal practice" or a related activity is subject under the CWA,
					 including "standards for sewage sludge use or disposal," "effluent
					 limitations," water quality standards, standards of performance, toxic effluent
					 standards or prohibitions, "best management practices," and pretreatment
					 standards under Sections301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA.
					 (amended 11/90; 12/92)
"Application" means the forms for applying for a permit
					 under these regulations, including any additions, revisions, or modifications
					 to the forms. Application also includes the information required under parts
					 270.14 through 270.29 (contents of Part B of the RCRA application] (revised
					 12/92).
CWA means the Clean Water Act (formerly referred to as the
					 Federal Water Pollution Control Act of Federal Pollution Control Act Amendments
					 of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217 and Pub. L. 95-576;
					 33 U.S.C.
					 1251 et seq.
"Draft permit" means a document prepared under 124.6
					 indicating the Department's tentative decision to issue or deny, modify, revoke
					 and reissue, terminate, or reissue a "permit". A notice of intent to terminate
					 a permit and a notice of intent to deny a permit as discussed in 124.5, are
					 types of "draft permits." A denial of a request for modification, revocation,
					 and reissuance or termination, as discussed in 124.5, is not a "draft permit."
					 A "proposal permit" is not a "draft permit." (revised 12/92).
EPA means the U. S. Environmental Protection Agency.
"Facility or activity" means any HWM facility or any other
					 facility or activity (including land or appurtenances thereto) that is subject
					 to regulation under the RCRA program and the Pollution Control Act.
404 definition removed
"Indian Tribe means" (except in the case of RCRA) any
					 Indian Tribe having a Federally recognized governing body carrying out
					 substantial governmental duties and powers over a defined area.
"Interstate agency" means an agency of two or more States
					 established by or under an agreement or compact approved by the Congress, or
					 any other agency of two or more States having substantial powers or duties
					 pertaining to the control of pollution as determined and approved by the
					 Department under the "appropriate Act and regulations."
"Major facility" means any RCRA "facility or activity"
					 classified as such by the Department.
Owner or operator means owner or operator of any facility
					 or activity subject to regulation under the RCRA program and the Pollution
					 Control Act.
"Permit" means an authorization, license, or equivalent
					 control document issued by South Carolina to implement the requirements of this
					 part and 270. Permit includes RCRA "permit by rule" (270.60). Permit does not
					 include RCRA interim status (270.70) or any permit which has not yet been the
					 subject of final agency action, such as a "draft permit" or a "proposed permit"
					 (revised 12/92).
Person means an individual, association, partnership,
					 corporation, municipality, State, Federal, or Tribal agency, or an agency or
					 employee thereof.
RCRA means the Solid Waste Disposal Act as amended by the
					 Resource Conservation and Recovery Act of 1976 ( Pub. L. 94-580, as amended by
					 Pub. L. 95-609,
					 42 U.S.C.
					 6901 et seq.).
"Regional Administrator" means the Regional Administrator
					 of the appropriate Regional Office of the Environmental Protection Agency or
					 the authorized representative of the Regional Administrator.
Schedule of compliance means a schedule of remedial
					 measures included in a permit, including an enforceable sequence of interim
					 requirements (for example, actions, operations, or milestone events) leading to
					 compliance with the appropriate Act and regulations.
"Site" means the land or water area where any "facility or
					 activity" is physically located or conducted, including adjacent land used in
					 connection with the facility or activity (revised 12/92).
State Safe Drinking Water Act means 44-55-10 et seq.
(b) For the purposes of part 124,
				  the term "Department" means the Department or Regional Administrator and is
				  used when the accompanying provision is required of EPA-administered programs
				  and of State programs under
				  40 CFR
				  271.14(RCRA). The term
				  "Regional Administrator" is used when the accompanying provision applies
				  exclusively to EPA-issued permits and is not applicable to State programs under
				  these sections. While South Carolina is not required to implement these latter
				  provisions, they are not precluded from doing so, notwithstanding use of the
				  term "Regional Administrator."
(c)
				  The term "formal hearing" means any evidentiary hearing under subpart E or any
				  panel hearing under subpart F but does not mean a public hearing conducted
				  under Section124.12.