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.B - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Applicant"
				means an individual, corporation, partnership, business association, or
				government entity that applies for the issuance, transfer, or modification of a
				permit under this regulation.
2.
				"Closure" means the discontinuance of operation by ceasing to accept, treat,
				store, or dispose of solid waste in a manner which minimizes the need for
				further maintenance and protects human health and the environment.
3. "Contingency plan" means a document
				acceptable to the Department setting out an organized, planned, and coordinated
				course of action to be followed at or by the facility in case of a fire,
				explosions, or other incident that could threaten human health and safety or
				the environment.
4. "Department"
				means the South Carolina Department of Health and Environmental
				Control.
5. "Disclosure statement"
				means a sworn statement or affirmation, the form and content of which shall be
				determined by the Department as required by Code Section
				44-96-300.
6. "Financial responsibility mechanism" means
				a mechanism designed to demonstrate that sufficient funds will be available to
				meet specific environmental protection needs of solid waste management
				facilities. Available financial responsibility mechanisms include, but are not
				limited to, insurance, trust funds, surety bonds, letters of credit, personal
				bonds, certificates of deposit, financial tests, and corporate guarantees as
				determined by the Department by regulation.
7. "Flood plain" means the lowland and
				relatively flat areas adjoining inland and coastal areas of the mainland and
				off-shore islands including, at a minimum, areas subject to a one percent or
				greater chance of flooding in any given year.
8. "Industrial solid waste" means solid waste
				generated by manufacturing or industrial processes that is not a hazardous
				waste regulated under subtitle C of RCRA. Such waste may include, but is not
				limited to, waste resulting from the following manufacturing processes:
				Electric power generation; fertilizer/agricultural chemicals; food and related
				products/by-products; inorganic chemicals; iron and steel manufacturing;
				leather and leather products; nonferrous metals manufacturing/foundries;
				organic chemicals; plastics and resins manufacturing; pulp and paper industry;
				rubber and miscellaneous plastic products; stone, glass, clay, and concrete
				products; textile manufacturing; transportation equipment; and water treatment.
				This term does not include mining waste or oil and gas waste.
9. "Leachate" means the liquid that has
				percolated through or drained from solid waste or other man-emplaced materials
				and that contains soluble, partially soluble, or miscible components removed
				from such waste.
10. "Materials
				recovery facility" means a solid waste management facility that provides for
				the extraction from solid waste of recoverable materials, materials suitable
				for use as a fuel or soil amendment, or any combination of such
				materials.
11. "Municipal solid
				waste" means any solid waste (including garbage, trash, and sanitary waste in
				septic tanks) derived from households (including single and multiple
				residences, hotels and motels, bunkhouses, ranger stations, crew quarters,
				campgrounds, picnic grounds, and day-use recreation areas), generated by
				commercial establishments (stores, offices, restaurants, warehouses, and other
				nonmanufacturing activities, excluding industrial facilities) and nonhazardous
				sludge.
12. "Owner/Operator" means
				the person who owns the land on which a solid waste management facility is
				located or the person who is responsible for the overall operation of the
				facility, or both.
13. "Permit"
				means the process by which the Department can ensure cognizance of, as well as
				control over, the management of solid wastes.
14. "Person" means an individual,
				corporation, company, association, partnership, unit of local government, state
				agency, federal agency, or other legal entity.
15. "Recovered materials" means those
				materials which have known use, reuse, or recycling potential; can be feasibly
				used, reused, or recycled; and have been diverted or removed from the solid
				waste stream for sale, use, reuse, or recycling, whether or not requiring
				subsequent separation and processing, but does not include materials when
				recycled or transferred to a different site for recycling in an amount which
				does not equal at least seventy-five (75) percent by weight of materials
				received during the previous calendar year.
16. "Recovered materials processing facility"
				means a facility engaged solely in the recycling, storage, processing, and
				resale or reuse of recovered materials. The term does not include a solid waste
				handling facility; however, any solid waste generated by such facility is
				subject to all applicable laws and regulations relating to the solid
				waste.
17. "Solid waste" means any
				garbage, refuse, or sludge from a waste treatment facility, water supply plant,
				or air pollution control facility and other discarded material, including
				solid, liquid, semi-solid, or contained gaseous material resulting from
				industrial, commercial, mining, and agricultural operations and from community
				activities. This term does not include solid or dissolved material in domestic
				sewage, recovered materials, or solid or dissolved materials in irrigation
				return flows or industrial discharges which are point sources subject to NPDES
				permits under the Federal Water Pollution Control Act, as amended, or the
				Pollution Control Act of South Carolina, as amended, or source, special
				nuclear, or by-product material as defined by the Atomic Energy Act of 1964, as
				amended. Also excluded from this definition are application of fertilizer and
				animal manure during normal agricultural operations or refuse as defined and
				regulated pursuant to the South Carolina Mining Act, including processed
				mineral waste, which will not have a significant adverse impact on the
				environment.
18. "Solid waste
				handling facility" means any facility engaged in the handling of solid
				waste.
19. "Solid waste management
				facility" means any solid waste disposal area, volume reduction plant, transfer
				station, or other facility, the purpose of which is the storage, collection,
				transportation, treatment, utilization, processing, recycling, or disposal, or
				any combination thereof, of solid waste. The term does not include a recovered
				materials processing facility or facilities which use or ship recovered
				materials, except that portion of the facilities which is managing solid
				waste.
20. "Solid waste processing
				facility" means a combination of structures, machinery, or devices utilized to
				reduce or alter the volume, chemical, or physical characteristics of solid
				waste through processes, such as baling or shredding, prior to delivery of such
				waste to a recycling or resource recovery facility or to a solid waste
				treatment, storage, or disposal facility and excludes collection
				vehicles.
21. "Surface water" means
				lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams,
				creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within
				territorial limits, and all other bodies of surface water, natural or
				artificial, inland or coastal, fresh or salt, public or private.
22. "Vector" means a carrier that is capable
				of transmitting a pathogen from one organism to another including, but not
				limited to, flies and other insects, rodents, birds, and vermin.