reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part II - Permit-by-rule: Short Term Structural Fill › Section 61-107.19.II.F - Closure

Current through Register Vol. 48, No. 6, June 28, 2024
1. Within 12 months
				  of the Department's issuance of approval to operate under the Permit-by-rule,
				  the owner/agent of the filled area shall:
a.
				  Apply a minimum two-foot thick final earth cover with at least a 1%, but not
				  greater than 4% surface slope, graded to promote positive drainage. The side
				  slope cover shall not exceed three horizontal feet to one vertical foot, i.e.,
				  a 3:1 slope;
b. Either:
(1) Begin construction of the foundation of a
				  building project; or,
(2) Seed the
				  finished surface of the filled area with native grasses or other suitable
				  ground cover to establish and maintain into the second growing season a 75% or
				  greater permanent vegetative cover with no substantial bare spots;
c. Using a form approved by the
				  Department, record with the appropriate Register of Deeds a notation in the
				  record of ownership of the property - or some other instrument which is
				  normally examined during title search - that will in perpetuity notify any
				  potential purchaser of the property that the land or a portion thereof has been
				  structurally filled and list the specific items used for filling, e.g., clean
				  brick; and,
d. Submit to the
				  Department a copy of the document in which the notation required by Section
				  F.1.c. above was placed.
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 III - Class One Landfills General Permit for Disposal of LandClearing Debris and Yard Trash › Section 61-107.19.III.A - General Permit

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				  Department may issue a general permit for solid waste landfills used solely for
				  the disposal of trees, stumps, wood chips, and yard trash that is generated
				  from land-clearing activities, excluding agricultural and silvicultural
				  operations when generation and disposal are on site. These landfills shall be
				  limited to filling to grade, of low areas or depressions in the surface of the
				  earth to include permitted mining sites for an aesthetic benefit or property
				  enhancement. Beneficial fill does not provide a sound structural base for
				  building purposes, but does provide an aesthetic benefit.
2. The general permit shall outline the
				  following:
a. Submittal
				  requirements;
b. Design
				  criteria;
c. Operational
				  criteria;
d. Monitoring, if
				  applicable; and,
e. Closure and
				  corrective action requirements, if applicable.
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 III - Class One Landfills General Permit for Disposal of LandClearing Debris and Yard Trash › Section 61-107.19.III.B - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				  Landfills approved to operate under the General Permit shall be known as Class
				  One landfills.
2. Class One
				  landfills shall be consistent with the State and Region/County Solid Waste
				  Management Plans, local zoning, land use and other applicable
				  ordinances.
3. A Class One Landfill
				  shall be covered under the State's general permit if it provides proper
				  notification of intent to the Department as outlined in the general permit, and
				  if constructed and operated in compliance with the requirements established by
				  the permit and this regulation.
4.
				  Prior to submittal to the Department of a written Notice of Intent, pursuant to
				  Section C. below, the owners/operator seeking coverage under the general permit
				  shall:
a. Publish a notice informing the
				  public of the intent to operate under the General Permit. All notices shall be
				  published once in a newspaper of general circulation in the area of the
				  proposed landfill project and contain the following:
(1) Name and address of the
				  applicant;
(2) The location of the
				  proposed activity to include the county, roads and crossroads;
(3) The nature of the proposed
				  activity;
(4) A description of the
				  proposed site or a description of the proposed major modification;
(5) An explanation of the type(s) of waste
				  that will be accepted;
(6) The
				  Department's address and contact name for submittal of comments and
				  inquires;
(7) The approximate
				  tonnage/year expected for disposal at the landfill; and,
(8) The proposed life of the
				  landfill.
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 III - Class One Landfills General Permit for Disposal of LandClearing Debris and Yard Trash › Section 61-107.19.III.C - Notice of Intent

Current through Register Vol. 48, No. 6, June 28, 2024
1. Prior
				  to landfilling land-clearing debris under the State's general permit, the
				  permittee shall submit to the Department a Notice of Intent on a form approved
				  by the Department. This Notice shall be accompanied by all information required
				  by the general permit. All required information shall be complete and
				  accurate.
2. The Notice of Intent
				  shall be signed by the landfill applicant. The landowner shall also sign the
				  Notice of Intent, thereby giving authorization for the proposed landfilling
				  activity on said property. Any changes in the written authorization submitted
				  to the Department which occur after the issuance of the Department's approval
				  to operate under the general permit shall be reported to the Department by
				  submitting a copy of the new written authorization.
3. Any person signing a Notice of Intent to
				  landfill under the general information shall also sign the following
				  certification: I certify under penalty of law that I have personally examined
				  and am familiar with the information submitted in the attached document; and,
				  based on my inquiry of those individuals immediately responsible for obtaining
				  the information, I believe the submitted information is true, accurate, and
				  complete. I am aware that there are significant penalties for submitting false
				  information, including the possibility of fine and imprisonment.
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 III - Class One Landfills General Permit for Disposal of LandClearing Debris and Yard Trash › Section 61-107.19.III.D - Record Keeping and Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Landfills operating under the General Permit shall submit
					 in a format approved by the Department an annual report for the fiscal year
					 beginning on July 1, and ending on June 30. This report shall be submitted to
					 the Department on or before September 1, and shall identify the actual weight
					 in tons or volume in cubic yards of wastes received per month at the
					 land-clearing debris and yard trash landfill. Any records required by this
					 regulation shall be retained near the facility in an operating record, or in an
					 alternative location approved by the Department for a period of no less than
					 three years.
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 IV - Class Two Landfills › Section 61-107.19.IV.A - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				  Applicability. Part IV. establishes minimum criteria for all landfills used for
				  the disposal of: waste as outlined in Appendix I of this regulation; other
				  wastes not listed in Appendix I that demonstrate similar properties to the
				  wastes listed and are approved by the Department on a case-by-case basis; or,
				  wastes that test less than ten (<10) times the maximum contaminant level
				  (MCL) as published in R.61-58, State Primary Drinking
				  Water Regulation current at the time of submittal of the permit application.
				  The testing criteria outlined in Part I., Section C. Waste Characterization
				  shall be used when testing is required. Hereinafter, these landfills will be
				  referred to as Class Two landfills.
2. The siting, design, construction,
				  operation, and closure activities of Class Two landfills shall conform to the
				  standards set forth in this Part as well as applicable requirements in Part I
				  of this regulation.
3. Prior to the
				  construction, operation, expansion or modification of a Class Two landfill, a
				  permit shall be obtained from the Department.
4. Only those items listed in Appendix I of
				  this regulation, approved Appendix I-type waste, and any items specifically
				  listed on the facility's permit issued by the Department may be accepted for
				  disposal at a Class Two landfill. These wastes shall not be contaminated with
				  hazardous constituents listed in the S.C. Hazardous Waste Management
				  Regulations61-79.261 (e.g., pesticides), or petroleum products. When a waste
				  not listed in Appendix I is approved by the Department for disposal, the
				  landfill's permit will be modified to add the approved waste. A list of
				  Appendix I-type waste will be available from the Department.
5. Class Two landfills shall be consistent
				  with the State and the Region/County Solid Waste Management Plans, local
				  zoning, land use and other applicable ordinances. On-site landfills are not
				  required to demonstrate consistency with the State and Region/County Solid
				  Waste Management Plans.
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 IV - Class Two Landfills › Section 61-107.19.IV.B - Location Restrictions

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				  Buffers. Unless otherwise approved by the Department, the site for a new
				  landfill or expansion of an existing landfill shall meet the following
				  standards:
a. The boundary of the fill area
				  shall not be located within 1,000 feet of any residence, school, day-care
				  center, church, hospital, or publicly owned recreational park area. The
				  Department will determine whether the new landfill or expansion of an existing
				  landfill meets this requirement prior to the publication of the Notice of
				  Intent to File a Permit Application pursuant to Part I, Section D.1 of this
				  Regulation;
b. A landfill located
				  in a 100-year floodplain shall demonstrate that engineering measures have been
				  incorporated into the landfill design to ensure the landfill will not restrict
				  the flow of the 100-year flood, reduce the temporary water storage capacity of
				  the flood plain, minimize potential for floodwaters coming into contact with
				  waste, or result in the washout of solid waste so as to pose a hazard to human
				  health or the environment;
c. The
				  landfill shall be in compliance with applicable requirements concerning
				  wetlands imposed by the U.S. Army Corps of Engineers, the U.S. Environmental
				  Protection Agency, and the Department;
d. Access to the landfill shall be controlled
				  through the use of fences, gates, berms, natural barriers, or other means to
				  prevent promiscuous dumping and unauthorized access;
e. The boundary of the fill area shall not be
				  located within 100 feet of any property line. An exemption may be issued by the
				  Department upon receipt of written approval from adjacent property
				  owners;
f. The boundary of the fill
				  area shall not be located within 200 feet of any surface water that holds
				  visible water for greater than six consecutive months, excluding drainage
				  ditches, sedimentation ponds and other operational features on the
				  site;
g. The boundary of the fill
				  area shall not be located within 100 feet of any drinking water well. A greater
				  buffer may be required for compliance with the Department's Bureau of Water
				  requirements;
h. Waste material
				  shall not be placed on or within any property rights-of-way or 50 feet of
				  underground or above ground utility equipment or structures, i.e., water lines,
				  sewer lines, storm drains, telephone lines, electric lines, natural gas lines,
				  etc., without the written approval of the impacted utility.
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 IV - Class Two Landfills › Section 61-107.19.IV.C - Operation Criteria for Class Two Landfills

Current through Register Vol. 48, No. 6, June 28, 2024
1. Owners/operators of all Class Two
				  landfills shall implement a program at the facility for detecting and
				  preventing the disposal of regulated hazardous wastes as defined in
				  R.61-79 Hazardous Waste Management
				  Regulations, Part 261, polychlorinated biphenyls (PCB) wastes as defined in
				  Resource Conservation and Recovery Act (RCRA), Part 761, and wastes not
				  specifically allowed by the permit. This program shall include, at a minimum:
a. Inspections of all incoming loads when
				  deposited and prior to compaction unless the permittee takes other steps to
				  ensure that incoming loads do not contain regulated hazardous wastes, PCB
				  wastes, or wastes not specifically allowed by the permit;
b. Records of unacceptable waste to include
				  waste quantity and description and generator information;
c. Training of facility personnel to
				  recognize wastes not specifically allowed by the permit, regulated hazardous
				  waste and PCB wastes; and,
d.
				  Notification of the Department within 72 hours if the operator suspects that a
				  regulated hazardous waste or PCB waste has been discovered at the
				  facility.
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 IV - Class Two Landfills › Section 61-107.19.IV.D - Design Criteria for Class Two Landfills

Current through Register Vol. 48, No. 6, June 28, 2024
1. The estimated deflected (or settled)
				  bottom elevation of the landfill base grade shall be a minimum of two feet
				  above the seasonal high water table elevation as it exists prior to the
				  construction of the disposal area. The seasonal high water table shall be
				  determined by interpretation of a minimum of 12 months data obtained from a
				  representative number of monitoring wells approved by the Department. In cases
				  where there is insufficient information to support the seasonal high water
				  table elevation determination, additional separation may be required by the
				  Department. The Department will inspect the landfill prior to the initial
				  placement of waste in the landfill.
2. Drainage control requirements.
a. The disposal area shall be graded with a
				  minimum of a 1% slope so as to divert and minimize run-off into the disposal
				  area of the landfill, to prevent erosion and ponding within the disposal area,
				  and to drain water from the surface of the landfill.
b. Prior to accepting waste, the
				  owners/operators shall design, construct, and subsequently maintain:
(1) A run-on control system to prevent flow
				  onto the active portion of the landfill during peak discharge from a 24-hour,
				  25-year storm; and,
(2) A run-off
				  control system from the active portion of the landfill to collect and control
				  at least the water volume resulting from a 24-hour, 25-year storm.
c. An appropriate permit from the
				  Department may be required prior to the discharge of any storm waters to
				  surface waters.
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 IV - Class Two Landfills › Section 61-107.19.IV.G - Financial Assurance Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
(See Part I, Section E. of this
					 regulation.)
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 IV - Class Two Landfills › Section 61-107.19.IV.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 Two 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 a 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 the request for a determination of consistency. The permit
				  applicant shall demonstrate consistency with the county/region plan in effect
				  at the time of the request for a determination of consistency. Class Two
				  landfills managing solid waste generated solely in the course of normal
				  operation on property under the same ownership or control as the Class Two
				  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 Part IV, Section B.1.a. of this Regulation at the time
				  of submittal of the demonstration.
c. If the Department's final determination of
				  need is terminated, pursuant to R.61-107.17, all other
				  determinations under Section H.1.a. and b. above will also be void.
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 IV - Class Two Landfills › Section 61-107.19.IV.I - Permit Conditions and Review

Current through Register Vol. 48, No. 6, June 28, 2024
1. Application forms for permits shall be
				  provided by the Department and shall be submitted with sufficient detail to
				  support a judgment that operation of the disposal system will not violate the
				  laws and regulations of the State of South Carolina. The application shall be
				  signed by the permittee of the landfill. The approved application and
				  associated plans and drawings shall be an enforceable part of the permit.
				  Permits shall be effective for the design and operational life of the
				  facility.
2. Prior to issuance of
				  permits for major modifications, as determined by the Department, and for new
				  construction, the Department will make the draft permit available for public
				  review and comment pursuant to Part I, Section D of this regulation.
3. The Department shall review the permit at
				  least once every five years. Upon notification from the Department, the
				  landfill shall submit to the Department a topographic survey map of the site
				  that shows the contours at the beginning and the end of the period since the
				  last permit review.
4. 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 interest 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.
5. The Department may amend or attach
				  conditions to a permit when:
a. There is a
				  significant change, as determined by the Department, 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 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL › Part IV - Class Two Landfills › Section 61-107.19.IV.J - Transfer of Ownership

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may, upon written request, transfer a permit
					 to a new permittee where no other change in the permit is necessary pursuant to
					 Part I, F.2.b. of this regulation.
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 A - GENERAL PROVISIONS › Section 61-107.19.V.A.258.1 - Purpose, Scope, and Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
a. Part V. establishes minimum criteria for
					 landfills that accept municipal solid waste, industrial solid waste, sewage
					 sludge, nonhazardous municipal solid waste incinerator ash and other
					 nonhazardous waste. Hereinafter, these landfills will be referred to as Class
					 Three landfills. Class Three landfills shall adhere to their approved Special
					 Waste Analysis and Implementation Plan (SWAIP), pursuant to S.C. Code Section
					 44-96-390.
b. This Part applies to owners and operators
					 of new and existing Class Three landfills, except as otherwise specifically
					 provided in this regulation.
c. No
					 Class Three landfill shall be operated in the State of South Carolina without
					 first obtaining a written permit from the South Carolina Department of Health
					 and Environmental Control.
d. Class
					 Three landfills failing to satisfy the criteria in this Part are considered
					 open dumps for purposes of State solid waste management planning under
					 RCRA.
e. Class Three landfills
					 failing to satisfy the criteria in this Part constitute open dumps, which are
					 prohibited under section4005 of RCRA.
f. Class Three landfills containing sewage
					 sludge and failing to satisfy the criteria in this Part violate sections309 and
					 405(e) of the Clean Water Act.
g.
					 Class Three landfills permitted prior to the effective date of this regulation
					 to accept only industrial waste that test less than 30 times the MCL shall be
					 exempted from the design criteria as outlined in Subpart D of this
					 Part.
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 A - GENERAL PROVISIONS › Section 61-107.19.V.A.258.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Section B. for
					 definitions that apply to this regulation.
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 A - GENERAL PROVISIONS › Section 61-107.19.V.A.258.3 - Considerations of other Federal Laws

Current through Register Vol. 48, No. 6, June 28, 2024
The permittee of a Class Three landfill shall comply with
						any other applicable Federal rules, laws, regulations, or other
						requirements.
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 A - GENERAL PROVISIONS › Section 61-107.19.V.A.258.4 - Research, Development, and Demonstration Permits

Current through Register Vol. 48, No. 6, June 28, 2024
a. When the leachate collection system is
					 designed and constructed to maintain less than a 1 ft. depth of leachate on the
					 liner, the Department may issue a research, development, and demonstration (RD
					 and D) permit pursuant to R.61-107.10 for a Class Three Landfill for the use of
					 innovative and new methods that vary from either or both of the following
					 criteria:
(1) The run-on control systems in
					 Section258.26.a. (1); and,
(2) The
					 liquids restrictions in Section258.28.a., and Subpart H. Section7.c. for
					 specific permit requirements for leachate recirculation.
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 B - LOCATION RESTRICTIONS › Section 61-107.19.V.B.258.10 - Airport Safety

Current through Register Vol. 48, No. 6, June 28, 2024
a.
					 Owners/operators of Class Three landfills that are located within 10,000 feet
					 of any airport runway end used by turbojet aircraft or within 5,000 feet of any
					 airport runway end used by only piston-type aircraft shall demonstrate that the
					 units are designed and operated so that the Class Three landfill does not pose
					 a bird hazard to aircraft.
b.
					 Owners/operators proposing to site new Class Three Landfills and lateral
					 expansions located within a five mile radius of any airport runway end used by
					 turbojet or piston-type aircraft shall notify the affected airport and the
					 Federal Aviation Administration (FAA).
c. The permittee shall place the
					 demonstration required in a. above in the operating record and submit a copy to
					 the Department.
d. See Part I,
					 Section B. for definitions.
e. A
					 new Class Three landfill that receives putrescible waste shall not be
					 constructed or established after the effective date of this regulation within
					 six (6) miles of a public airport that has received federal grant funds under
					 49
					 U.S.C. 47101 and is primarily served by
					 general aviation aircraft and regularly scheduled flights of aircraft designed
					 for sixty (60) passengers or more. The Federal Aviation Administration has
					 issued guidance which includes criteria for determining when an airport is
					 covered and has identified those airports meeting the criteria. Anyone
					 considering construction or establishment of a new Class Three landfill within
					 six (6) miles of a public airport should contact the Federal Aviation
					 Administration. This requirement does not apply to:
(1) A new Class Three landfill if the S.C.
					 Division of Aeronautics requests that the Administrator of the Federal Aviation
					 Administration exempt the landfill from the application of this Item, and the
					 Federal Aviation Administration Administrator determines that such exemption
					 would have no adverse impact on aviation safety; or,
(2) Expansions, either vertical or lateral,
					 of existing Class Three landfills constructed before the effective date of this
					 regulation.
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 B - LOCATION RESTRICTIONS › Section 61-107.19.V.B.258.11 - Floodplains

Current through Register Vol. 48, No. 6, June 28, 2024
a. Owners/operators
					 of Class Three Landfills located in 100-year floodplains shall demonstrate that
					 engineering measures have been incorporated into the landfill design to ensure
					 the landfill will: not restrict the flow of the 100-year flood, reduce the
					 temporary water storage capacity of the floodplain, minimize potential for
					 floodwaters coming into contact with waste, or result in the washout of solid
					 waste so as to pose a hazard to human health or the environment. The permittee
					 shall place the demonstration in the operating record and submit a copy to the
					 Department.
b. See Part I., Section
					 B. for definitions that apply to this regulation.
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 B - LOCATION RESTRICTIONS › Section 61-107.19.V.B.258.12 - Wetlands

Current through Register Vol. 48, No. 6, June 28, 2024
All landfills shall be in compliance with the U.S. Army
						Corps of Engineers, the U.S. Environmental Protection Agency, and the
						Department's requirements concerning wetlands.
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 B - LOCATION RESTRICTIONS › Section 61-107.19.V.B.258.13 - Fault Areas

Current through Register Vol. 48, No. 6, June 28, 2024
a. Class Three
					 landfills shall not be located within 200 feet of a fault that has had
					 displacement in Holocene time unless the permittee demonstrates to the
					 Department that an alternative setback distance of less than 200 feet will
					 prevent damage to the structural integrity of the Class Three landfill and will
					 be protective of human health and the environment.
b. See Part I., Section B. for definitions
					 that apply to this regulation.
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 B - LOCATION RESTRICTIONS › Section 61-107.19.V.B.258.14 - Seismic Impact Zones

Current through Register Vol. 48, No. 6, June 28, 2024
a. Class
					 Three landfills shall not be located in seismic impact zones, unless the
					 permittee demonstrates to the Department that all containment structures,
					 including liners, leachate collection systems, and surface water control
					 systems, are designed to resist the maximum horizontal acceleration in
					 lithified earth material for the site.
b. Definitions. See Part I., Section B. for
					 definitions that apply to this regulation.
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 B - LOCATION RESTRICTIONS › Section 61-107.19.V.B.258.15 - Unstable Areas

Current through Register Vol. 48, No. 6, June 28, 2024
a.
					 Owners/operators of Class Three landfills located in an unstable area shall
					 demonstrate that engineering measures have been incorporated into the
					 landfill's design to ensure that the integrity of the structural components of
					 the Class Three landfill will not be disrupted. The permittee shall place the
					 demonstration in the operating record and notify the Department that it has
					 been placed in the operating record. The permittee shall consider the following
					 factors, at a minimum, when determining whether an area is unstable:
(1) On-site or local soil conditions that may
					 result in significant differential settling;
(2) On-site or local geologic or
					 geomorphologic features; and,
(3)
					 On-site or man-made features or events (both surface and subsurface).
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 B - LOCATION RESTRICTIONS › Section 61-107.19.V.B.258.18 - Buffer Zones

Current through Register Vol. 48, No. 6, June 28, 2024
Class Three landfills shall meet the buffer zone
						requirements outlined below:
a. The
					 boundary of the fill area shall not be located within 1,000 feet of any
					 residence, day-care center, church, school, hospital or publicly owned
					 recreational park area unless such features are included in the site design for
					 a planned end use or otherwise approved by the Department. The Department will
					 determine whether the proposed landfill or landfill expansion meets this
					 requirement prior to publication of the Notice of Intent to File a Permit
					 Application pursuant to Part I, Section D.1 of this Regulation;
b. The boundary of the fill area shall not be
					 located within 200 feet of any property line not under control of the
					 permittee. An exemption may be issued by the Department upon receipt of written
					 approval from adjacent property owners;
c. The boundary of the fill area shall not be
					 located within 200 feet of any surface water that holds visible water for
					 greater than six consecutive months, excluding ditches, sediment ponds, and
					 other operational features on the site;
d. The boundary of the fill area shall not be
					 located within the distances designated below from any well used as a source of
					 water for human consumption, that is in a hydrologic unit potentially affected
					 by the landfill. Exemptions may be granted if the applicant can demonstrate to
					 the satisfaction of the Department that the hydrologic conditions below the
					 landfill provide protection to the aquifer in use.
(1) The boundary of the fill area shall not
					 be located any closer than 500 feet from a well hydraulically upgradient of the
					 landfill.
(2) The boundary of the
					 fill area shall not be located any closer than 750 feet from a well
					 hydraulically sidegradient of the landfill.
(3) The boundary of the fill area shall not
					 be located any closer than 1000 feet from a well hydraulically downgradient of
					 the landfill.
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 C - OPERATING CRITERIA › Section 61-107.19.V.C.258.20 - Procedures for Excluding the Receipt of Hazardous Waste and Special Waste

Current through Register Vol. 48, No. 6, June 28, 2024
a. Owners/operators
					 of all Class Three landfills shall implement a program at the facility for
					 detecting and preventing the disposal of regulated hazardous wastes as defined
					 in the South Carolina Hazardous Waste Management RegulationsR.61-79.261 and
					 polychlorinated biphenyls (PCB) wastes as defined in Toxic Substances Control
					 Act (TSCA), Part 761. This program shall be a part of the Special Waste
					 Analysis and Implementation Plan (SWAIP) and shall include, at a minimum:
(1) Random daily inspections of no less than
					 10% of incoming loads unless the permittee takes other steps as outlined in the
					 SWAIP to ensure that incoming loads do not contain regulated hazardous wastes,
					 PCB wastes, or wastes not specifically allowed by the permit. Bulk PCB wastes
					 may be allowed for disposal in a Class Three landfill based on a case-by-case
					 determination by the Department;
(2) Records of unacceptable waste to include
					 quantities and descriptions of waste, generator information, and how/where
					 waste was properly disposed;
(3)
					 Training of facility personnel to recognize regulated hazardous waste and PCB
					 wastes; and,
(4) Notification of
					 the Department within 72 hours of facility personnel becoming aware that a
					 regulated hazardous waste or PCB waste may have been disposed of at the
					 facility.
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 C - OPERATING CRITERIA › Section 61-107.19.V.C.258.21 - Cover Material Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
a. Except as provided in paragraph b. below,
					 the owners/operators of all Class Three landfills shall cover solid waste with
					 six (6) inches of earthen material at the end of each operating day, or at more
					 frequent intervals if necessary, to control vectors, fires, odors, blowing
					 litter, and scavenging. Special waste may require more frequent or additional
					 cover.
b. Alternative materials of
					 an alternative thickness (other than at least six (6) inches of earthen
					 material) may be approved by the Department on a case-by-case basis if the
					 permittee demonstrates that the alternative material and thickness control
					 vectors, fires, odors, blowing litter, and scavenging without presenting a
					 threat to human health and the environment.
c. The Class Three landfill shall have an
					 adequate quantity of acceptable earth (or approved alternate) cover for routine
					 operations. If the material does not originate on-site, the permit application
					 shall indicate the calculated volume of material needed for cover, provide
					 assurances that off-site quantities of cover material are available, the
					 location of any earth stockpiles, and any provisions for saving topsoil for use
					 as final cover. The earth cover material shall be easily workable and
					 compactable, shall be free of large objects that would hinder compaction, and
					 shall not contain organic matter conducive to the harborage and/or breeding of
					 vectors or nuisance animals.
d. The
					 Department may grant, with prior notice from the permittee, a temporary waiver
					 not to exceed seven days from the requirements of paragraphs a. and b. above
					 for emergency situations.
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 C - OPERATING CRITERIA › Section 61-107.19.V.C.258.22 - Disease Vector Control

Current through Register Vol. 48, No. 6, June 28, 2024
a.
					 Owners/operators of all Class Three landfills shall prevent or control on-site
					 populations of vectors using techniques appropriate for the protection of human
					 health and the environment.
b.
					 Definitions. See Part I., Section B. for definitions that apply to this
					 regulation.
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 C - OPERATING CRITERIA › Section 61-107.19.V.C.258.23 - Explosive Gases Control

Current through Register Vol. 48, No. 6, June 28, 2024
a.
					 Owners/operators of all Class Three landfills shall ensure that:
(1) The concentration of methane gas
					 generated by the facility does not exceed 25% of the lower explosive limit for
					 methane in facility structures (excluding gas control or recovery system
					 components); and,
(2) The
					 concentration of methane gas does not exceed the lower explosive limit for
					 methane at the facility property boundary.
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 C - OPERATING CRITERIA › Section 61-107.19.V.C.258.24 - Air Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
a.
					 Owners/operators of all Class Three landfills shall ensure that the landfills
					 do not violate any applicable requirements developed in a State Implementation
					 Plan (SIP) approved or promulgated by the Department pursuant to Section110 or
					 Section111 of the Clean Air Act, as amended.
b. Open burning of solid waste, except for
					 the infrequent burning of agricultural wastes, silvicultural wastes,
					 landclearing debris, diseased trees, or debris from emergency clean-up
					 operations, all of which require prior Department approval, is prohibited at
					 all Class Three landfills.
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 C - OPERATING CRITERIA › Section 61-107.19.V.C.258.25 - Access Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
a.
					 Owners/operators of all Class Three landfills shall control public access and
					 prevent unauthorized vehicular traffic and illegal dumping of wastes by using
					 artificial barriers, natural barriers, or both, as appropriate to protect human
					 health and the environment.
b. The
					 landfill shall be adjacent to or have direct access to roads that are of
					 all-weather construction and capable of withstanding anticipated load
					 limits.
c. Salvaging and scavenging
					 shall not be allowed at the working face of a Class Three landfill at any
					 time.
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 C - OPERATING CRITERIA › Section 61-107.19.V.C.258.26 - Run-on/run-off Control Systems

Current through Register Vol. 48, No. 6, June 28, 2024
a.
					 Owners/operators of all Class Three landfills shall design, construct, and
					 maintain:
(1) A run-on control system to
					 prevent flow onto the active portion of the landfill during the peak discharge
					 from a 25-year storm; and,
(2) A
					 run-off control system from the active portion of the landfill to collect and
					 control at least the water volume resulting from a 24-hour, 25-year
					 storm.
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 C - OPERATING CRITERIA › Section 61-107.19.V.C.258.27 - Surface Water Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
a.
					 Class Three landfills shall not:
(1) Cause a
					 discharge of pollutants into waters of the United States, including wetlands,
					 that violates any requirements of the Clean Water Act, including, but not
					 limited to, Section402 of the National Pollutant Discharge Elimination System
					 (NPDES); and,
(2) Cause the
					 discharge of a nonpoint source of pollution to waters of the United States,
					 including wetlands, that violates any requirement of an area-wide or State-wide
					 water quality management plan that has been approved in Section208 or 319 of
					 the Clean Water Act, as amended.