reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.7 - Solid Waste Management: Transfer of Solid Waste › Section 61-107.7.I - 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 61-107.7 - Solid Waste Management: Transfer of Solid Waste › Section 61-107.7.J - Permit Review

Current through Register Vol. 48, No. 6, June 28, 2024
Permits for solid waste transfer stations shall be effective
				  for the design and operational life of the facility, to be determined by the
				  Department. The Department shall review the permit for each solid waste
				  transfer station at least once every five (5) years, unless otherwise specified
				  by the Department.
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 61-107.7 - Solid Waste Management: Transfer of Solid Waste › Section 61-107.7.K - 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 61-107.8 - Solid Waste Management: Lead-Acid Batteries › Section 61-107.8.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation applies to the proper disposal, collection,
				  and recycling of lead-acid batteries and small sealed lead-acid
				  batteries.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.8 - Solid Waste Management: Lead-Acid Batteries › Section 61-107.8.B - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Collection"
				means the act of picking up solid waste materials from homes, businesses,
				governmental agencies, institutions, or industrial sites.
2. "Department" means the South Carolina
				Department of Health and Environmental Control.
3. "Lead-acid battery" means any battery that
				consists of lead and sulfuric acid, is used as a power source, and has a
				capacity of six (6) volts or more, except that this term shall not include a
				small sealed lead-acid battery.
4.
				"Small sealed lead-acid battery" means any lead-acid battery weighing
				twenty-five (25) pounds or less, used in non-vehicular, non-SLI (start lighting
				ignition) applications.
5.
				"Lead-acid battery collection facility" means a facility authorized by the
				Department of Health and Environmental Control to accept lead-acid batteries
				from the public for temporary storage prior to recycling.
6. "Small sealed lead-acid battery collection
				facility" means a facility authorized by the Department of Health and
				Environmental Control to accept small sealed lead-acid batteries from the
				public for temporary storage prior to recycling.
7. "Person" means an individual, corporation,
				company, association, partnership, unit of local government, state agency,
				federal agency, or other legal entity.
8. "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.
9. "Secondary lead smelter"
				means a facility which produces metallic lead from various forms of lead scrap,
				including used lead-acid batteries.
10. "Used lead-acid battery" means a battery
				which is of no use in its present state. This includes batteries which are
				regulated by R.61-79.266 Subpart G, Spent Lead-Acid Batteries Being
				Reclaimed.
11. "Used small sealed
				lead-acid battery" means any battery fitting the definition of a small sealed
				lead-acid battery and which is of no use in its present state.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.8 - Solid Waste Management: Lead-Acid Batteries › Section 61-107.8.C - General Provisions for Lead-Acid Batteries

Current through Register Vol. 48, No. 6, June 28, 2024
1. No person shall knowingly place a used
				lead-acid battery in mixed municipal solid waste, discard or otherwise dispose
				of a lead-acid battery, except by delivery to:
a. a lead-acid battery retailer or
				wholesaler;
b. a collection,
				recycling, or recovered material processing facility that is registered by the
				Department to accept lead-acid batteries; or,
c. a permitted secondary lead
				smelter.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.8 - Solid Waste Management: Lead-Acid Batteries › Section 61-107.8.D - General Provisions for Small Sealed Lead-Acid Batteries

Current through Register Vol. 48, No. 6, June 28, 2024
1. No person shall
				knowingly place a used small sealed lead-acid battery in mixed municipal solid
				waste, discard, incinerate or otherwise dispose of a small sealed lead-acid
				battery, except by delivery to:
a. a small
				sealed lead-acid battery retailer or wholesaler,
b. a collection, recycling, or recovered
				material processing facility that is registered by the Department to accept
				small sealed lead-acid batteries; or,
c. a permitted secondary lead
				smelter.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.8 - Solid Waste Management: Lead-Acid Batteries › Section 61-107.8.E - Registration Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Collection, recycling, and recovered material processing facilities shall
				register with the Department to accept lead-acid batteries and/or small sealed
				lead-acid batteries. Registrations shall be renewed no later than March 1, of
				each calendar year. This requirement does not apply to persons selling
				lead-acid batteries and/or small sealed lead-acid batteries or offering
				lead-acid batteries and/or small sealed lead-acid batteries for retail sale or
				wholesale, who accept lead-acid batteries and/or small sealed lead-acid
				batteries, at the point of transfer, only from customers.
2. Within 60 days of the effective date of
				this regulation, the owner and/or operator of all collection, recycling, and
				recovered material processing facilities accepting lead-acid batteries and/or
				small sealed lead-acid batteries, shall register with the Department. To be
				registered, the owner and/or operator shall submit to the Department, the name
				and location of the facility and the name, address and telephone number of the
				owner and/or operator of the facility.
3. Collection, recycling, and recovered
				material processing facilities not accepting lead-acid batteries and/or small
				sealed lead-acid batteries prior to the effective date of this regulation,
				shall register with the Department prior to accepting lead-acid batteries
				and/or small sealed lead-acid batteries. To be registered, the owner and/or
				operator shall submit to the Department, the name and location of the facility
				and the name, address and telephone number of the owner and/or operator of the
				facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.8 - Solid Waste Management: Lead-Acid Batteries › Section 61-107.8.F - Violations and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Any person violating the provisions of Sections C. 1. and 2.,
				  shall be subject to a fine not to exceed two hundred dollars ($200.00). Each
				  lead-acid battery improperly disposed shall constitute a separate
				  violation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.8 - Solid Waste Management: Lead-Acid Batteries › Section 61-107.8.G - 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 61-107.9 - Solid Waste Management: White Goods › Section 61-107.9.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation applies to the proper management and
				  recycling or disposal of inoperative or discarded white goods.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.9 - Solid Waste Management: White Goods › Section 61-107.9.B - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Department"
				means the South Carolina Department of Health and Environmental
				Control.
2. "Person" means an
				individual, corporation, company, association, partnership, unit of local
				government, state agency, federal agency, or other legal entity.
3. "White goods" include refrigerators,
				ranges, water heaters, freezers, dishwashers, trash compactors, washers,
				dryers, air conditioners, and commercial large appliances.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.9 - Solid Waste Management: White Goods › Section 61-107.9.C - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Effective May 27, 1994, no person shall knowingly include white goods with
				other municipal solid waste that is intended for collection or disposal at a
				municipal solid waste landfill.
2.
				Effective May 27, 1994, no owner or operator of a municipal solid waste
				landfill shall knowingly accept white goods for disposal at such landfill. An
				owner or operator of a municipal solid waste landfill may accept white goods
				for temporary storage prior to shipment of such white goods to a recycling
				facility.
3. Prior to the recycling
				or disposal of white goods:
a. all ozone
				depleting compounds (e.g. chlorofluorocarbons) used as refrigerants shall be
				recovered in accordance with applicable Federal, State and local
				regulations.
b. all electrical
				components shall be removed and disposed in a manner consistent with Federal,
				State and local regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.9 - Solid Waste Management: White Goods › Section 61-107.9.D - Retailer Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
All persons selling or offering white goods for sale at
				  retail in South Carolina shall post written notice, at their place of business,
				  notifying all customers that white goods may not be disposed by landfilling
				  after May 27, 1994. The notice, either issued by or approved by the Department,
				  shall be at least eight and one-half inches by eleven inches (8 1/2 × 11)
				  in size.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.9 - Solid Waste Management: White Goods › Section 61-107.9.E - Violations and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Any person violating the provisions of Sections C. 1. and 2.,
				  shall be subject to a fine not to exceed two hundred dollars ($200.00). Each
				  white good improperly disposed shall constitute a separate violation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.9 - Solid Waste Management: White Goods › Section 61-107.9.F - 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 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation applies to solid waste management facilities,
				  or parts of these facilities, proposing to utilize an innovative and
				  experimental solid waste management technology or process.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.B - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Department"
				means the South Carolina Department of Health and Environmental
				Control.
2. "Disclosure statement"
				means a sworn statement or affirmation, the form and content of which shall be
				determined by the Department and as required by Section
				44-96-300.
3. "Permit" means the process by which the
				Department can ensure cognizance of, as well as control over, the management of
				solid wastes.
4. "Person" means an
				individual, corporation, company, association, partnership, unit of local
				government, state agency, federal agency, or other legal entity.
5. "Solid waste management" means the
				systematic control of the generation, collection, source separation, storage,
				transportation, treatment, recovery, and disposal of solid waste.
6. "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.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.C - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				Department may issue a research, development and demonstration permit for any
				solid waste management facility, or a part of the facility, which proposes to
				utilize an innovative and experimental solid waste technology or process for
				which permit standards for such activity have not been promulgated. Permits
				issued shall include such terms and conditions necessary to assure protection
				of human health, safety, and the environment and shall be for a period not to
				exceed two (2) years.
2. Nothing in
				this regulation creates exceptions to or authorizes the Department to grant
				variances from Federal and State laws and regulations and the Solid Waste
				Policy and Management Act.
3. The
				Department permit shall ensure the owner or operator provides for the receipt,
				storage, and disposal of only those types and quantities of solid waste that
				the Department deems necessary for purposes of determining the efficiency and
				performance capabilities of the technology or process and the effects of such
				technology or process on human health, safety and the environment.
4. The Department shall request a disclosure
				statement from the permit applicant in accordance with the guidelines
				established by Code Section
				44-96-300.
				Local governments and regions comprised of local governments are exempt from
				this requirement.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.D - Permit Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. Prior
				to construction, modification, or operation of a solid waste research,
				development and demonstration facility, a permit shall be obtained from the
				Department. The application shall be signed by an engineer duly licensed and
				registered under the laws of the State of South Carolina.
2. Any person wishing to obtain a permit from
				the Department for a solid waste research, development and demonstration
				facility, shall submit to the Department three (3) copies of the following
				documents:
a. A completed permit application,
				on a form provided by the Department;
b. A detailed description of the proposed
				activity;
c. A description of the
				manner in which the permit applicant intends to provide for the management of
				solid waste in order to determine:
(1) the
				efficiency and performance capabilities of the technology or process;
(2) the effects of such technology or process
				on human health, safety and the environment; and,
(3) how the permit applicant intends to
				protect human health, safety and the environment in the conduct of the
				project;
d. A plan for
				assessing the effectiveness and environmental effect of the proposed
				facility;
e. A complete operational
				plan, including design details and a timetable for completing various phases of
				the facility from initiation of construction to completion of the
				project;
f. A demonstration of
				financial responsibility by the permit applicant through submission of proof of
				liability insurance or other form of financial surety deemed sufficient by the
				Department to meet the following: all responsibilities for closure of the
				research, development and demonstration facility; and/or all responsibilities
				in the case of a release of solid waste causing bodily injury or property
				damage to any third party, including contamination of groundwater and liability
				for environmental restoration resulting from negligence in operation. The owner
				or operator shall provide continuous coverage for closure or clean-up until
				released from financial responsibility requirements by certifying that closure
				or clean-up of the facility is complete.
g. A plan for corrective action utilizing
				conventional technology in the event of environmental, safety and/or health
				hazards.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.E - Location Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Location requirements addressed in this section apply to all
				  solid waste research, development, and demonstration facilities, unless
				  otherwise approved by the Department.
1. 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. 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 shall not be located within two hundred (200) feet of any surface water,
				excluding drainage ditches and sedimentation ponds.
4. Facilities 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 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. The
				active waste handling area shall not extend closer than two hundred (200) feet
				to residences, schools, hospitals and recreational park areas.
8. The active waste handling area shall not
				extend closer than one hundred (100) feet to all property lines.
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 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.F - Design and Operation Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A research, development, and demonstration facility shall be
				  designed and operated according to the minimum criteria listed in this
				  section.
1. The facility shall not be
				larger than the area needed to adequately test the new or unique
				technology.
2. No waste shall be
				processed or disposed at the facility after two (2) years from the initial
				processing or disposal of waste at the facility, unless a different period is
				stated in the Department permit. Activities involving the management of solid
				waste at the facility prior to the issuance of the research, development, and
				demonstration permit, may be continued provided a valid Department permit for
				such activities is in effect.
3.
				Quarterly reports shall be prepared and submitted to the Department concerning
				the effectiveness and environmental effect of the facility.
4. If during the life of the permit, the
				Department determines that the facility is causing or is likely to cause harm
				to public health, safety or to the environment, the facility shall take
				appropriate action to prevent or eliminate the practice which is causing the
				hazard.
5. Trained personnel shall
				be present at all times during the operation of the facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.G - Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Quarterly reports shall be submitted to the Department, within thirty (30) days
				of the end of each calendar quarter. The report shall include at a minimum, the
				following information:
a. Source, type, and
				total quantity in weight and/or volume of waste received at the facility for
				the previous quarter;
b. A
				description of the method and quantity of the distribution and/or disposal of
				the waste;
c. The weight and/or
				volume of each material recycled or marketed as a result of the process;
				and,
d. A report concerning the
				effectiveness and environmental effect of the facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.H - Departmental Evaluation of Analysis

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Department will review the quarterly
				reports and other relevant data to determine if the facility is satisfactorily
				achieving its objectives and if the facility is adequately protecting public
				health, safety, and the environment.
2. If after two (2) years, the Department
				determines that the facility adequately achieved its objectives and
				satisfactorily protected public health, safety, and the environment, the
				Department subsequently may promulgate regulations or criteria regarding the
				technology or process in accordance with the authority granted the Department
				by the Solid Waste Policy and Management Act. Prior to the Department
				establishing such regulations or criteria, the Department may issue written
				approval for the continuance of the technology or process.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.I - Violations and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A violation of this regulation subjects the person to the
				  issuance of a Department order, or to civil or criminal enforcement action by
				  the Attorney General's Office. In addition, the Department may impose
				  reasonable civil penalties not to exceed ten thousand dollars ($10,000.00) for
				  each day of violation of the provisions of this regulation, including any
				  order, permit or standard. 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 61-107.10 - Solid Waste Management: Research, Development, and Demonstration Permit Criteria › Section 61-107.10.J - 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 61-107.12 - Solid Waste Management: Solid Waste Incineration and Solid Waste Pyrolysis Facilities › Part I - Applicability, Definitions, and General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Applicability.
1. This regulation establishes the
				procedures, documentation, and other requirements which must be met for the
				proper operation and management of all solid waste incineration facilities,
				including all solid waste pyrolysis facilities, and waste-to-energy facilities
				burning solid waste used for energy recovery.
2. Facilities incinerating solid waste
				generated in the course of normal operations on property under the same
				ownership or control as the solid waste incineration facility are exempt from
				the requirements of this regulation. This exemption includes industrial boilers
				and furnaces that burn industrial by-products generated on-site, or on
				properties under the same ownership or control. Air curtain incinerators
				burning only yard-trimmings and land-clearing debris generated on-site, or
				generated on properties under the same ownership or control, are exempt from
				the requirements of this regulation. Air curtain incinerators used for
				emergency storm debris management at sites designated by state, county and
				municipal government are exempt from the requirements of this
				regulation.
3. Industrial boilers
				and industrial furnaces that burn Refuse-Derived Fuel (RDF) only, or burn RDF
				with a fossil fuel or wood are exempt from the requirements of this
				regulation.
4. Facilities that
				treat contaminated soils pursuant to other regulations are exempt from the
				requirements of this regulation.
5.
				Disposal of hazardous waste from conditionally exempt small quantity generators
				at solid waste incinerators is prohibited unless the incinerator is permitted
				under the South Carolina Hazardous Waste Management Regulations.
6. Government owned and operated incineration
				facilities that are used by an agency such as police, customs, agricultural
				inspection or a similar law enforcement agency to destroy illegal or prohibited
				goods, are exempt from the requirements of this regulation, but must comply
				with other applicable federal, state and local requirements.
7. Facilities using air curtain incinerators
				that never store more than four hundred cubic yards of clean wood, yard and
				land-clearing debris consisting of only untreated natural wood debris,
				untreated or unfinished wood waste, or a mixture of these specific waste stream
				on site at any given time, are conditionally exempt from the permitting
				requirements of this regulation when the conditions of subsections Part II.B.,
				C., E., and F. of this regulation are maintained by the facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.12 - Solid Waste Management: Solid Waste Incineration and Solid Waste Pyrolysis Facilities › Part II - Requirements for Air Curtain Incineration Facilities

Current through Register Vol. 48, No. 6, June 28, 2024
A. Permit
				Application Requirements.
1. Prior to the
				construction, modification, or operation of an air curtain incineration
				facility, a permit shall be obtained from the Department pursuant to these
				regulations. The application shall be signed by an engineer duly licensed and
				registered under the laws of the State of South Carolina.
2. Any person wishing to obtain a permit
				pursuant to these regulations, to operate an air curtain incineration facility,
				shall submit to the Department, one (1) printed copy and a digital copy of the
				following documents:
a. A completed permit
				application, on a form provided by the Department;
b. An operating report which shall include
				the following:
(1) A detailed description of
				the facility, including, but not limited to, structures, access roads, on-site
				roads, parking areas, loading and unloading areas, storage areas for incoming
				waste and non-combustible waste generated by the incinerator, fences, and
				gates;
(2) A description of the
				disposal location or any re-use or recycling planned for the ash
				residue;
(3) A map showing the
				specific location, land use, and zoning within one-fourth (1/4) mile of the
				boundaries of the proposed facility, and distances to any locations from which
				a buffer is required;
(4) A site
				plan, on a scale of not greater than two hundred (200) feet per inch,
				designating the property boundaries and all existing and proposed structures
				and access roads;
(5) Detailed
				engineering plans and specifications for the incinerator and other related
				machinery; and,
(6) A description
				of the manner in which waste waters, if any, from the facility will be
				managed.
c. An itemized
				closure cost estimate, prepared by a third party acceptable to the Department,
				which projects the expenses for closure activities listed in the closure plan,
				using cost estimates as calculated in accordance with Part IV.B.2 of this
				regulation. The cost estimate will declare the maximum amount of incoming waste
				and ash which may be located at a facility at any given time.
3. Public Noticing Requirements
				for Air Curtain Incineration Facilities. Noticing for air curtain incineration
				facilities shall be in accordance with Part III. A.3 of this regulation, except
				that notice shall be given 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.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.12 - Solid Waste Management: Solid Waste Incineration and Solid Waste Pyrolysis Facilities › Part IV - General Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Closure and
				Post-Closure Procedures.
Closure and post-closure procedures addressed in this section
				  apply to all solid waste incineration facilities.
1. 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.
2. Upon closing, the owner or operator shall
				immediately post signs at the facility which state that the facility is no
				longer in operation.
3. Within
				thirty (30) days after receiving the final quantity of solid waste, the owner
				or operator of a conditionally exempt facility shall remove all solid waste and
				shall remove or treat all waste residues, contaminated soils and equipment.
				Within thirty (30) days after receiving the final quantity of solid waste, the
				owner or operator of a permitted facility 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.
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.
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.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation establishes minimum training and
				  certification requirements for operators of municipal solid waste landfills and
				  municipal solid waste incinerator ash landfills.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.B - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Department"
				means the South Carolina Department of Health and Environmental
				Control.
2. "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.
3. "Municipal solid waste
				incinerator ash landfill" means any landfill or landfill unit, publicly or
				privately owned, that receives the solid residue from incinerators that burn
				municipal solid waste.
4.
				"Municipal solid waste landfill" means any sanitary landfill or landfill unit,
				publicly or privately owned, that receives household waste. The landfill may
				also receive other types of solid waste, such as commercial waste, nonhazardous
				sludge, and industrial solid waste.
5. "Operator" for the purposes of this
				regulation, means any person, including the owner, who is principally engaged
				in, or is in charge of, the actual operation, supervision, and maintenance of a
				municipal solid waste landfill or a municipal solid waste incinerator ash
				landfill and includes the person in charge of a shift or period during any part
				of the day. Operators will be classified by the following two (2) categories:
a. "Manager" means the person(s) with
				responsibility for the overall management of the facility; and,
b. "Supervisor" means the person(s) with
				supervisory responsibility for a specific facility site or shift.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.C - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1. No
				person shall perform the duties of manager or supervisor of a municipal solid
				waste landfill or a municipal solid waste incinerator ash landfill (MSWIAL)
				unless he/she is duly certified by the State of South Carolina as a Landfill
				Operator.
2. Landfill operator's
				training and certification requirements shall be classified by the following
				categories:
a. Manager; and,
b. Supervisor.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.D - Manager

Current through Register Vol. 48, No. 6, June 28, 2024
1. The manager of a
				landfill shall successfully complete a Department-approved training course and
				examination within one (1) year of the initial employment date.
2. Managers who have current Solid Waste
				Association of North America (SWANA or GRCDA) certification may request
				reciprocity for South Carolina certification, in lieu of completing the
				required training course and examination. The request for reciprocity shall be
				made within ninety (90) days from the initial employment date into the manager
				position. Documentation, i.e. a copy of SWANA or GRCDA Certification,
				verification of initial employment date, and a request for reciprocity shall be
				submitted to the Department. If the employee fails to submit the request within
				the allotted ninety (90) day timeframe, he/she shall be required to
				successfully complete the training course, pursuant to Item D.1. above, in
				order to remain in the manager landfill position.
3. Fifteen (15) contact hours of continuing
				education, or 1.5 continuing education units (CEUs) from an approved source
				shall be completed by the manager prior to each renewal. The manager shall
				request and receive Department approval for the courses. Acceptability of
				courses for earning CEUs as required for certification renewal shall be
				determined by the Department. CEUs shall not be carried over from a three (3)
				year period into the next three (3) year renewal period.
4. CEUs and certification renewal:
a. The manager shall be responsible for
				submitting the following information concerning earned CEUs in order to
				maintain accurate Department records for certification renewal:
(1) Manager's name and certification number;
				and,
(2) A copy of the certificate,
				or other documentation indicating completion of a specific course and the
				number of CEUs earned.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.E - Supervisor

Current through Register Vol. 48, No. 6, June 28, 2024
1. The supervisor
				of a landfill shall successfully complete a Department-approved training course
				and examination within one (1) year of the initial employment date.
2. Supervisors who have current SWANA or
				GRCDA certification may request reciprocity for South Carolina certification,
				in lieu of completing the required training course and examination. The request
				for reciprocity shall be made within ninety (90) days of the initial employment
				date into the supervisor position. Documentation, i.e. a copy of SWANA or GRCDA
				Certification, verification of initial employment date from the landfill
				manager, and a request for reciprocity shall be submitted to the Department. If
				the employee fails to submit the request within the allotted ninety (90) day
				timeframe, he/she shall be required to successfully complete the training
				course, pursuant to Item 1. above, in order to remain in the supervisor
				landfill position.
3. Six (6)
				contact hours of continuing education or 0.6 CEUs, shall be acquired by the
				supervisor prior to each renewal. The supervisor shall request and receive
				Department approval for the courses. Acceptability of courses for earning CEUs
				as required for certification renewal shall be determined by the Department.
				CEUs shall not be carried over from a three (3) year period into the next three
				(3) year renewal period.
4. CEUs
				and certification renewal:
a. The supervisor
				shall submit the following information concerning earned CEUs:
(1) Supervisor's name and certification
				number; and,
(2) A copy of the
				certificate indicating completion of a specific course and the number of CEUs
				earned.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.F - Worker

Current through Register Vol. 48, No. 6, June 28, 2024
1. Workers shall
				receive on-the-job training by either a contracted trainer approved by the
				Department or the employee's certified supervisor(s).
2. The required basic worker's training shall
				address the following areas, at a minimum:
a.
				Waste identification in reference to:
(1)
				Different types of waste; and,
(2)
				Types of permitted wastes;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.G - Disciplinary Action

Current through Register Vol. 48, No. 6, June 28, 2024
Disciplinary action against a certified operator may be
				  taken on any of the following grounds:
1. Gross negligence or a continued pattern of
				incompetence in the practice as a certified operator;
2. Intentionally violating or inducing
				another to violate the rules and permit conditions applicable to landfill
				operation;
3. Failure to take
				appropriate corrective action concerning violations documented during
				Department inspection(s);
4.
				Failure to submit required records of operation or other reports or monitoring
				data as required under applicable permits or Department regulations;
5. Making any false statement,
				representation, or certification on any application, record, report or document
				required to be maintained or submitted under any applicable permit or
				regulation of the Department;
6.
				Failure to ensure adequate training and supervision of landfill workers;
				and,
7. Failure to refuse
				unacceptable waste.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.H - Disciplinary Sanctions Allowable and Procedures for Disciplinary Action

Current through Register Vol. 48, No. 6, June 28, 2024
1. Disciplinary
				action shall be based on the severity of the violation incurred as determined
				by the Department. Action shall consist of either:
a. Probation under specified conditions
				relevant to the specific grounds for disciplinary action. Additional education
				or training, or reexamination may be required as a condition of probation;
				or,
b. Revocation of an operator's
				certification for a specified timeframe as determined by the
				Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.14 - Solid Waste Management: Municipal Solid Waste Landfill Operator's Certification › Section 61-107.14.I - 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.