South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 61-79.264.F.101 - Corrective action for solid waste management units

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The owner or operator of a facility
				  seeking a permit for the treatment, storage or disposal of hazardous waste must
				  institute corrective action as necessary to protect human health and the
				  environment for all releases of hazardous waste or constituents from any solid
				  waste management unit at the facility, regardless of the time at which waste
				  was placed in such unit.
(b)
				  Corrective action will be specified in the permit application in accordance
				  with this section and subpart S of this part. The permit application will
				  contain schedules of compliance for such corrective action (where such
				  corrective action cannot be completed prior to issuance of the permit) and
				  assurances of financial responsibility for completing such corrective action.
				  (amended 11/90)
(c) The owner or
				  operator must implement corrective actions beyond the facility property
				  boundary, where necessary to protect human health and the environment, unless
				  the owner or operator demonstrates to the satisfaction of the Department that,
				  despite the owner's or operator's best efforts, the owner or operator was
				  unable to obtain the necessary permission to undertake such actions. The
				  owner/operator is not relieved of all responsibility to clean up a release that
				  has migrated beyond the facility boundary where offsite access is denied.
				  Onsite measure to address such releases will be determined on a case-by-case
				  basis. Assurances of financial responsibility for such corrective action must
				  be provided.
(d) This section does
				  not apply to remediation waste management sites unless they are part of a
				  facility subject to a permit for treating, storing or disposing of hazardous
				  wastes that are not remediation wastes.
(e) All monitoring wells to be installed
				  pursuant to 264.101 must be cased in a manner that maintains the integrity of
				  the monitoring well bore hole. This casing must be screened or perforated and
				  packed with gravel or sand, where necessary, to enable collection of
				  groundwater samples. The annular space (i.e., the space between the bore hole
				  and well casing) above the sampling depth must be sealed to prevent
				  contamination of samples and the groundwater. More sophisticated monitoring
				  well construction may be required if deemed necessary by the Department. All
				  monitoring wells will have a locking cap or other security devices to prevent
				  damage and/or vandalism. Each well will be labeled with an identification plate
				  constructed of a durable material affixed to the casing or surface pad where it
				  is readily visible. The plate will provide monitoring well identification
				  number, date of construction, total well depth, static water level, and driller
				  certification number. [Note: See for guidance EPA's RCRA Ground-Water
				  Monitoring Technical Enforcement Guidance Document, TEGD]. (6/95)
(f) If not otherwise proposed as part of a
				  plan submitted for approval by the Department, the general design,
				  construction, and location of monitoring wells installed for the purpose of
				  investigating groundwater contamination from solid waste management units will
				  be submitted to the Department for approval prior to installation.
				  (6/95)