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 V - CLASS THREE LANDFILLS. (SUBSections A THROUGH F OF THIS PART ARE CODIFIED TO COINCIDE WITH THOSE SUBPARTS IN 40CFR258.) › Subpart H - Permit Application Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Prior to the construction, operation, expansion or
					 modification of a Class Three landfill, a permit shall be obtained from the
					 Department.
1. Prior to submitting a
				  permit application to the Department, the applicant shall satisfactorily
				  complete the following:
a. Determination of
				  Need. The applicant shall submit to the Department a request pursuant to
				  Regulation Regulation
				  61-107.17. for determining
				  need of the proposed landfill or landfill expansion, if applicable.
b. Consistency Determination. The applicant
				  shall submit to the Department a request for a determination of consistency
				  with items listed below.
(1) State and
				  County/Region Solid Waste Management Plans. The permit applicant shall
				  demonstrate consistency with the State Solid Waste Management Plan in effect at
				  the time of submittal of the request for the Determination of Consistency. The
				  permit applicant shall demonstrate consistency with the county/region plan in
				  effect at the time of the submittal of the request for the Determination of
				  Consistency. Class Three landfills managing solid waste generated solely in the
				  course of normal operation on property under the same ownership or control as
				  the Class Three landfill are not required to demonstrate consistency with the
				  State and host County/Region Solid Waste Management Plans;
(2) Local zoning and land-use ordinances.
				  Documentation demonstrating consistency with local zoning and land-use plans,
				  e.g., zoning map, land-use map, and applicable part of the zoning ordinance
				  shall be submitted to the Department; and,
(3) All other applicable local ordinances.
				  Supporting documentation to include a copy of the ordinance shall be submitted
				  to the Department.
(4) Buffer
				  Requirement. The applicant shall demonstrate that it meets the buffer
				  requirement set forth in Subpart B, Section258.18. a of this Part at the time
				  of submittal of the demonstration. The Department must notify by certified
				  mail, return receipt requested, the applicant and any other affected person who
				  requests to be notified of its determination of compliance with this buffer
				  requirement.
c. If the
				  Department's final determination of need is terminated, pursuant to
				  R.Regulation
				  61-107.17, all other
				  determinations under Section H.1.a. and b. above will also be void.
d. Landfill Siting Study. If the Department
				  determines there is a need for the proposed landfill/expansion pursuant to
				  R.61-107.17., the applicant shall conduct a landfill siting study and submit
				  the results of the study to the Department for a site suitability
				  determination. This study shall be used to eliminate those sites which, due to
				  location restrictions, are unsuitable sites and to determine if the site
				  conditions warrant further permitting activities. The landfill siting study
				  shall include, at a minimum, the following steps:
(1) A preliminary hydrogeologic
				  characterization report on the site, which contains readily available
				  information on the regional, local, and site hydrogeology and groundwater use.
				  The preliminary hydrogeologic characterization report shall be used to
				  eliminate hydrogeologically unsuitable sites, and to determine if site
				  conditions warrant further investigation;
(2) Pending approval of the preliminary
				  hydrogeologic characterization report, a work plan detailing the site specific
				  hydrogeologic investigations to be performed at the site shall be submitted to
				  the Department for review and approval; and,
(3) Upon approval of the work plan specified
				  in paragraph b. above, a site hydrogeologic characterization report shall be
				  prepared and submitted to the Department detailing the findings of the site
				  specific investigations. The landfill siting investigation shall ensure that
				  the proposed landfill location complies with the location criteria outlined in
				  Subpart B of this Part. During review by the Department of the suitability of
				  the site based on the site hydrogeologic characterization report, the permit
				  applicant may proceed with site design, and submittal of a groundwater
				  monitoring plan as specified in Subpart H, Section5.b. (14) below. Approval of
				  the site shall be required before the Department will comment on engineering
				  plans associated with the construction of the facility.