reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2903 - Patient Room Floor Area

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each patient room
				shall be an outside room with an outside window. This window shall not open onto a
				common area screened porch. (I)
B. The
				patient room floor area is a usable or net area and does not include wardrobes
				(built-in or freestanding), closets, or the entry alcove to the room. The following
				is the minimum floor space allowed: (II)
1. Rooms
				for only one (1) patient: one hundred (100) square feet for the licensed bed (there
				shall be compliance with the minimum square footage requirements of Section 2903.B.2
				in instances when family members or responsible party routinely utilize a separate
				bed for overnight stays with the patient);
2. Rooms for more than one (1) patient: eighty
				(80) square feet per licensed bed. C. There shall be at least three (3) feet between
				beds. (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2904 - Visitor Accommodations

Current through Register Vol. 48, No. 6, June 28, 2024
A. A Hospice
				Facility shall include accommodating space for family members or responsible party
				to remain throughout the night. A Hospice Facility may also include nighttime
				arrangements for visitors through guest room accommodations within the patient room
				provided space is adequate for such an arrangement.
B. Visitor designated or guest rooms shall not be
				utilized by patients, prospective patients, or staff members of the Hospice
				Facility.
C. No supervisory care shall
				be given to visitors of the Hospice Facility, for example, first aid response by
				staff, tray service, or other.
D.
				Visitors shall be made aware of those provisions or accommodations available so that
				they may serve themselves, such as towels, sheets, soap, or other.
E. Any conduct of the visitors which may have an
				adverse effect on the patients/Hospice Facility must be promptly and prudently
				handled, for example, patient or staff abuse.
F. Those visiting as well as the patients with
				whom they are visiting shall be made fully aware of the conditions under which their
				stay is acceptable.
G. Adequate space
				shall be provided for the privacy of the family and significant others at the time
				of the patient's death.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2905 - Bathrooms and Restrooms (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. There shall
				be an appropriate number of restrooms in the Hospice Facility, to accommodate
				patients, staff, and visitors. There shall be one (1) bathtub or shower for each
				four (4) licensed beds or fraction thereof.
B. The restrooms shall be accessible during all
				operating hours of the Hospice Facility.
C. A restroom(s) shall be equipped with at least
				one (1) toilet fixture, toilet paper installed in a holder, a lavatory supplied with
				hot and cold running water, liquid or granulated soap, single-use disposable paper
				towels or electric air dryer, and a covered waste receptacle.
D. All toilet fixtures used by patients shall have
				approved grab bars securely fastened in a usable fashion.
E. Privacy shall be provided at toilet fixtures
				and urinals.
F. A Hospice Facility shall
				provide bathrooms and restrooms for persons with disabilities in accordance with
				codes adopted by this regulation, whether or not any of the staff or patients are
				classified as disabled.
G. All restroom
				floors shall be entirely covered with an approved nonabsorbent covering. Walls shall
				be nonabsorbent, washable surfaces to the highest level of splash.
H. Every toilet shall have grab bars on at least
				one (1) side.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2906 - Work Stations

Current through Register Vol. 48, No. 6, June 28, 2024
A. A Hospice
				Facility shall include work stations for use by nursing and/or other direct care
				staff. Work stations shall be designed and constructed (or set up) in a manner
				conducive to the type of care provided by the Hospice Facility or that specific area
				of the Hospice Facility and the types of patients served.
B. At or near each work station, there shall be a
				telephone, an area for maintaining patient records and making entries, and toilet
				and handwashing sink.
C. At or near each
				work station, provisions shall be made for:
1.
				Secured storage for medications, which may be accomplished by the use of a
				separately secured medication cart, container, cabinet, or room, provided:
a. The method or methods used are of sufficient
				size to allow for neat, clean, and orderly storage of medications;
b. Separations are provided for the storage of
				each patient's medications;
c.
				Separations are provided for oral and topical medications.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2907 - Signal System (II)

Current through Register Vol. 48, No. 6, June 28, 2024
All Hospice Facilities shall have a signal system consisting of an
				  electronic device or pull cord for each bed, bath, and toilet. A light shall be at
				  or over each patient room door visible from the corridor. There shall be an
				  audio-visual master station in a location continuously monitored by
				  staff.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2908 - Doors (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. All restrooms shall
				have opaque doors for the purpose of privacy.
B. All glass doors, including sliding or patio
				type doors, shall have a contrasting or other indicator that causes the glass to be
				observable, such as a decal located at eye level.
C. Doors that have locks shall be unlockable and
				openable with one (1) action.
D. If
				patient room doors are lockable, there shall be provisions for emergency
				entry.
E. Any locked room door must be
				unlockable and openable from inside the room.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2909 - Elevators (II)

Current through Register Vol. 48, No. 6, June 28, 2024
Elevators shall be inspected and tested upon installation, prior
				  to first use, and annually thereafter by a certified elevator
				  inspector.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2910 - Handrails and Guardrails (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Handrails
				shall be provided on at least one (1) side of each corridor or hallway.
B. All porches, walkways, and recreational areas
				(such as decks, etc.) that are elevated thirty (30) inches or more above grade shall
				have guardrails forty-two (42) inches high. Open guardrails shall have intermediate
				rails less than four (4) inches apart.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2911 - Janitor's Closet

Current through Register Vol. 48, No. 6, June 28, 2024
There shall be at least one (1) lockable janitor's closet per
				  forty-four (44) licensed beds. Each closet shall be equipped with a mop sink or
				  receptor and space for the storage of supplies and equipment.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2912 - Storage Areas

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Hospice Facility
				shall provide adequate general storage areas for patient, staff, and volunteer
				belongings, equipment, and supplies.
B.
				Supplies and equipment shall not be stored directly on the floor. Supplies and
				equipment susceptible to water damage or contamination shall not be stored under
				sinks or in other areas with a propensity for water leakage. (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2913 - Telephone Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. At least one (1)
				telephone shall be available and easily accessible on each floor of the Hospice
				Facility for use by patients and/or visitors for their private, discretionary use.
				Telephones shall be portable to accommodate bedridden or ambulatory-impaired
				patients. Telephones capable of only local calls are acceptable for this purpose,
				provided other arrangements exist to provide patient and visitor discretionary
				access to a telephone capable of long-distance service.
B. At least one (1) telephone shall be provided on
				each floor for staff members and volunteers to conduct routine business of the
				Hospice Facility and to summon assistance in the event of an emergency; pay station
				phones are not acceptable for this purpose.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2914 - Location

Current through Register Vol. 48, No. 6, June 28, 2024
A. Transportation. The
				Hospice Facility shall be served by roads that are passable at all times and are
				adequate for the volume of expected traffic.
B. Parking. The Hospice Facility shall have a
				parking area to reasonably satisfy the needs of patients, staff members, volunteers,
				and visitors.
C. Access to firefighting
				equipment. The Hospice Facility shall maintain adequate access to and around the
				building(s) for firefighting equipment. (I)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.2900 - PHYSICAL PLANT › Section 61-78.2900.2915 - Outdoor Area

Current through Register Vol. 48, No. 6, June 28, 2024
A. Outdoor areas where
				unsafe, unprotected physical hazards exist shall be enclosed by a fence or a natural
				barrier of a size, shape, and density that effectively impedes travel to the
				hazardous area. Such areas include, but are not limited to steep grades, cliffs,
				open pits, high voltage electrical equipment, high speed or heavily traveled roads,
				and/or roads exceeding two (2) lanes, excluding turn lanes, ponds and swimming
				pools. (I)
B. Where required, fenced
				areas that are part of a fire exit from the building shall have a gate in the fence
				that unlocks in case of emergency per Special Locking Arrangements in the applicable
				codes of Section 2102. (I)
C. Mechanical
				or equipment rooms that open to the outside of the Hospice Facility shall be
				protected from unauthorized individuals. (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.3000 - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
In the event that any portion of these regulations is construed by a
				court of competent jurisdiction to be invalid, or otherwise unenforceable, such
				determination shall in no manner affect the remaining portions of these regulations,
				and they shall remain in effect, as if such invalid portions were not originally a
				part of these regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.3100 - GENERAL

Current through Register Vol. 48, No. 6, June 28, 2024
Conditions which have not been addressed in the standards shall be
				managed in accordance with the best practices as interpreted by the
				Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.1 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  This part contains procedures for issuing, modifying, revoking and reissuing,
				  or terminating all hazardous waste treatment, storage, and disposal facility
				  permits under these regulations, other than "emergency permits" (see Section
				  270.61) and "permits by rule" (Section 270.60). The latter kind of permits are
				  governed by part 270. Interim status is not a "permit" and is covered by
				  specific provisions in part 270. The procedures of this part also apply to
				  denial of a permit for the active life of a RCRA hazardous waste management
				  facility or unit under Section270.29.
(b) This regulation describes the steps which
				  will be followed in receiving permit applications, preparing draft permits,
				  issuing public notice, inviting public comment and holding public hearings on
				  draft permits. Also covered is assembling an administrative record, responding
				  to comments, issuing a final permit decision, and allowing for administrative
				  appeal of the final permit decision (amended 11/90); edited 12/92).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.3 - Application for a permit

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) Any person who requires a permit under
				  these regulations shall complete, sign, and submit to the Department an
				  application for each permit required under R.61-79.270.1 and meet the public
				  notice requirements under 124.10. Applications are not required for permits by
				  rule R.61-79.270.60. (amended 6/89; edited 12/92)
(2) The Department shall not begin the
				  processing of a permit under these regulations until the applicant has fully
				  complied with the application requirements for that permit. See R.61-79.270.10,
				  .11, and .13, Subpart B and applicable sections of R-61-79.264 which describe
				  the information required in permit applications. (amended 11/90)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.5 - Modification, revocation and reissuance, or termination of permits under these regulations

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Permits may be modified, revoked and reissued, or terminated either at the
				  request of any interested person (including the permittee) or upon the
				  Department's initiative. However, permits may only be modified, revoked and
				  reissued, or terminated for the reasons specified in R.61-79.270.41 and 270.43.
				  All requests shall be in writing and shall contain facts or reasons supporting
				  the request. The requirements of this section do not apply to transporter
				  permits.
(b) If the Department
				  decides the request is not justified, it will send the requester a brief
				  written response giving a reason for the decision. Denials of requests for
				  modification, revocation and reissuance, or termination are not subject to
				  public notice, comment, or hearings. Denials by the Department may be appealed
				  by requesting of the Board of Health and Environmental Control an adjudicatory
				  hearing as specified under R.61-72 Section II within 15 days
				  of the date of the decision.
(c)
(1) If the Department tentatively decides to
				  modify or revoke and reissue a permit under R.61-79.270. Subpart D, it will
				  prepare a draft permit under 124.6 incorporating the proposed changes. The
				  Department may request additional information and, in the case of a modified
				  permit, may require the submission of an updated permit application. In the
				  case of revoked and reissued permits, the Department shall require the
				  submission of a new application.
(2) In a permit modification under this
				  section, only those conditions to be modified will be reopened when a new draft
				  permit is prepared. All other aspects of the existing permit shall remain in
				  effect for the duration of the unmodified permit. When a permit is revoked and
				  reissued under this section, the entire permit is reopened just as if the
				  permit had expired and was being reissued. During any revocation and reissuance
				  proceeding the permittee shall comply with all conditions of the existing
				  permit until a new final permit is reissued.
(3) "Class 1 and 2 modifications" as defined
				  in R.61-79.270 Subpart D are not subject to the requirements of this
				  section.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.6 - Draft permits under these regulations

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Once an application is complete, the
				  Department shall tentatively decide whether to prepare a draft permit or to
				  deny the application.
(b) If the
				  Department tentatively decides to deny the permit application, it shall issue a
				  notice of intent to deny. A notice of intent to deny the permit application is
				  a type of draft permit which follows the same procedures as any draft permit
				  prepared under this section. See 124.6(e). If the Department's final decision
				  (124.15) is that the tentative decision to deny the permit application was
				  incorrect, it shall withdraw the notice of intent to deny and proceed to
				  prepare a draft permit under paragraph (d) of this section (revised
				  12/92).
(c) If the Department
				  decides to prepare a draft permit, the Department shall prepare a draft permit
				  that contains the following information:
(1)
				  The approved permit application;
(2) All conditions under R.61-79.270.30 and
				  270.32;
(3) All compliance
				  schedules under R.61-79.270.33;
(4)
				  All monitoring requirements under R.61-79.270.31 which have not been specified
				  in the permit applications; and
(5)
				  Any condition established under R.61-79.270.32 necessary to achieve compliance
				  with applicable standards for treatment, storage and/or disposal. Standards for
				  treatment, storage, and/or disposal and other permit conditions under
				  Section270.30.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.8 - Fact sheet

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  Department shall prepare a fact sheet for every draft permit for a HWM facility
				  or activity. The fact sheet shall briefly set forth the principal facts and the
				  significant factual, legal, methodological and policy questions considered in
				  preparing the draft permit. The Department shall send this fact sheet to the
				  applicant and, on request, to any other person.
(b) The fact sheet shall include, when
				  applicable:
(1) A brief description of the
				  type of facility or activity which is the subject of the draft
				  permit;
(2) The type and quantity
				  of wastes, fluids, or pollutants which are proposed to be or are being treated,
				  stored, or disposed of.
(3) A brief
				  summary of the basis for the draft permit conditions including references to
				  applicable statutory or regulatory provisions.
(4) Provisions and appropriate supporting
				  references to the administrative record required by 124.9;
(5) Reasons why any requested variances or
				  alternatives to required standards do or do not appear justified;
(6) A description of the procedures for
				  reaching a final decision on the draft permit including:
(i) The beginning and ending dates of the
				  comment period under 124.10 and the address where comments will be
				  received;
(ii) Procedures for
				  requesting a hearing and the nature of that hearing; and
(iii) Any other procedures by which the
				  public may participate in the final decision.
(7) Name and telephone number of a person to
				  contact for additional information.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.9 - Administrative record for draft permits under these regulations

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The provisions
				  of a draft permit prepared by the Department under 124.6 shall be based on the
				  administrative record defined in this section.
(b) For preparing a draft permit under
				  Section124.6 above the record shall consist of:
(1) The application, if required, and any
				  supporting data furnished by the applicant;
(2) The draft permit or notice of intent to
				  deny the application or to terminate the permit;
(3) The fact sheet (Section124.8);
(4) All documents cited in the fact sheet;
				  and
(5) Other documents contained
				  in the supporting file for the draft permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.10 - Public notice of permit actions and public comment period

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Scope. Public
				  notice of permit actions and public comment periods covered in this section
				  apply only to treatment, storage, and disposal facilities under these
				  regulations. (amended 6/89)
(1) The
				  Department will give public notice when the following actions are to be taken:
(i) A draft permit has been prepared under
				  124.6; or
(ii) A hearing has been
				  scheduled under 124.12;
(iii) A
				  permit application has been tentatively denied under 124.6(b) (revised
				  12/92);
(iv) An appeal has been
				  granted under SectionR.61-72.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.11 - Public comments and requests for public hearings

Current through Register Vol. 48, No. 6, June 28, 2024
During the public comment period provided under 124.10, any
					 interested person may submit written comments on the draft permit or the permit
					 application and may request a public hearing, if no hearing has already been
					 scheduled. A request for a public hearing shall be in writing and shall state
					 the nature of the issues proposed to be raised in the hearing. All comments
					 shall be considered in making the final decision and shall be answered as
					 provided in 124.17.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.12 - Public hearings

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) The Department shall hold a public
				  hearing whenever the Department finds, on the basis of requests, a significant
				  degree of public interest in a draft permit(s) under these regulations (edited
				  12/92);
(2) The Department may also
				  hold a public hearing at the Department's discretion, whenever for instance,
				  such a hearing might clarify one or more issues involved in the permit
				  decision;
(3)
(i) The Department shall hold a public
				  hearing whenever it receives written notice of opposition to a draft permit and
				  a request for a hearing within 45 days of public notice under
				  124.10(b)(1);
(ii) Whenever
				  possible, the Department shall schedule a hearing under this section at a
				  location convenient to the nearest population center to the proposed
				  facility;
(4) Public
				  notice of the hearing will be given as specified in Section124.10
				  above.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.13 - Obligation to raise issues and provide information during the public comment period

Current through Register Vol. 48, No. 6, June 28, 2024
All persons, including applicants, who believe the issuance
					 of a permit under these regulations or any condition of a draft permit is
					 inappropriate or that the Department's tentative decision to deny an
					 application, terminate a permit, or prepare a draft permit is inappropriate,
					 must notify the Department in writing. This notification must contain all
					 reasonably ascertainable issues, and submit all reasonably available arguments
					 supporting their position by the close of the public comment period (including
					 any public hearing) under 124.10., and factual grounds supporting their
					 position, including any supporting materials which are not already part of the
					 administrative record for the permit. This written notification must be
					 submitted to the Department by the close of the public comment period provided
					 under 124.10 (edited 12/92).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.14 - Reopening of the public comment period

Current through Register Vol. 48, No. 6, June 28, 2024
(a) If any data, information, or arguments
				  submitted during the public comment period, including information or arguments
				  required under 124.13, appear to raise substantial new questions concerning a
				  permit, the Department may take one or more of the following actions:
(1) Prepare a new draft permit, appropriately
				  modified, under Section124.6 above;
(2) Prepare a revised fact sheet under
				  Section124.8 above and reopen the comment period under this section;
				  or
(3) Reopen or extend the comment
				  period under Section124.10 above to give interested persons an opportunity to
				  comment on the information or arguments submitted.
(4) A comment period of longer than 45 days
				  will often be necessary in complicated proceedings to give commenters a
				  reasonable opportunity to comply with the requirements of this section.
				  Commenters may request longer comment periods and they shall be granted under
				  124.10 to the extent they appear necessary.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.15 - Issuance and effective date of permit

Current through Register Vol. 48, No. 6, June 28, 2024
(a) After the close of the public comment
				  period under 124.10 on a draft permit, the Department shall issue a final
				  permit decision. The Department shall notify in writing the applicant and each
				  person who has submitted written comments or requested notification of the
				  final permit decision. This notice shall include reference to the procedures
				  for appealing a decision on a permit or for contesting a decision to terminate
				  a permit. For the purposes of this section, a final permit decision means a
				  final decision to issue, deny, modify, revoke and reissue, or terminate a
				  permit (edited 12/92).
(b) Permit
				  denials will be public noticed by the Department in accordance with
				  Section124.10(c)(1) and (2)(c)(1) and (2).
(c) A final permit decision shall become
				  effective 30 days after the service of notification of the decision under
				  paragraph (a) of this section, unless:
(1) A
				  later effective date is specified in the decision; or
(2) A request for an adjudicatory hearing, as
				  specified under R.61-72 Section II, is served on
				  the Board within fifteen (15) days after notification of the final permit
				  decision by the Department; or
(3)
				  No comments requested a change in the draft permit, in which case the permit
				  shall become effective immediately upon issuance.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.17 - Response to comments

Current through Register Vol. 48, No. 6, June 28, 2024
(a) At
				  the time that any final permit decision under these regulations is issued under
				  Section124.15, the Department shall issue a response to comments. States are
				  only required to issue a response to comments when a final permit is issued.
				  This response shall (edited 12/92):
(1)
				  Specify which provisions, if any, of the draft permit have been changed in the
				  final permit decision, and the reasons for the change; and
(2) Briefly describe and respond to all
				  significant comments on the draft permit or the permit application raised
				  during the public comment period, or during any hearing.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.18 - Administrative record for final permit under these regulations

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The Department
				  will base final permit decisions under Section124.15 above on the
				  administrative record defined in this section.
(b) The administrative record for any final
				  permit shall consist of the administrative record for the draft permit and:
(1) All comments received during the public
				  comment period provided under Section124.10 above (including any extension or
				  reopening under (Section124.14);
(2) The tape or transcript of any hearing(s)
				  held under Section124.12;
(3) Any
				  written materials submitted at such a hearing;
(4) The responses to comments required by
				  Section124.17 above and any new material placed in the record under that
				  section;
(5) Other documents
				  contained in the supporting file for the permit; and
(6) The final permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart A - GENERAL PROGRAM REQUIREMENTS › Section 61-79.124.A.19 - Appeal of Permit [See also R.61-72, Section II; clarification 12/92]

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Department
				  decision involving the issuance, denial, renewal, modification, suspension, or
				  revocation of a permit, license, certificate or certification may be appealed
				  by an affected person with standing pursuant to applicable law, including S.C.
				  Code Title 44, Chapter 1; Title 1, Chapter 23; and Title 40, Chapter
				  61.
(b) Any person to whom an order
				  is issued may appeal it pursuant to applicable law, including S.C. Code Title
				  44, Chapter 1; Title 1, chapter 23; and Title 40, Chapter 61.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart B - SPECIFIC PROCEDURES APPLICABLE TO RCRA PERMITS › Section 61-79.124.B.32 - Public notice requirements at the application stage

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Applicability. The requirements of this
				  section shall apply to all RCRA part B applications seeking initial permits for
				  hazardous waste management units. The requirements of this section shall also
				  apply to RCRA part B applications seeking renewal of permits for such units
				  under 270.51. The requirements of this section do not apply to permit
				  modifications under 270.42 or permit applications submitted for the sole
				  purpose of conducting post-closure activities or post-closure activities and
				  corrective action at a facility.
(b) Notification at application submittal.
(1) The Department shall provide public
				  notice as set forth in Sec.124.10(c)(1)(iv)(c)(1)(iv), and notice to
				  appropriate units of State and local government as set forth in
				  Sec.124.10(c)(1)(v)(c)(1)(v), that a part B permit application has been
				  submitted to the Department and is available for review.
(2) The notice shall be published within a
				  reasonable period of time after the application is received by the Department.
				  The notice must include:
(i) The name and
				  telephone number of the applicant's contact person;
(ii) The name and telephone number of the
				  Department contact office, and a mailing address to which information,
				  opinions, and inquiries may be directed throughout the permit review
				  process;
(iii) An address to which
				  people can write in order to be put on the facility mailing list;
(iv) The location where copies of the permit
				  application and any supporting documents can be viewed and copied;
(v) A brief description of the facility and
				  proposed operations, including the address or a map (e.g., a sketched or copied
				  street map) of the facility location on the front page of the notice;
				  and
(vi) The date that the
				  application was submitted.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.124 - PERMIT ADMINISTRATION › Subpart B - SPECIFIC PROCEDURES APPLICABLE TO RCRA PERMITS › Section 61-79.124.B.33 - Information repository

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Applicability. The requirements of this section apply to all applications
				  seeking RCRA permits for hazardous waste management units over which Department
				  has permit issuance authority.
(b)
				  The Department may assess the need, on a case-by-case basis, for an information
				  repository. When assessing the need for an information repository, the
				  Department shall consider a variety of factors, including: the level of public
				  interest; the type of facility; the presence of an existing repository; and the
				  proximity to the nearest copy of the administrative record. If the Department
				  determines, at any time after submittal of a permit application, that there is
				  a need for a repository, then the Department shall notify the facility that it
				  must establish and maintain an information repository. (See 270.30(m) for
				  similar provisions relating to the information repository during the life of a
				  permit).
(c) The information
				  repository shall contain all documents, reports, data, and information deemed
				  necessary by the Department to fulfill the purposes for which the repository is
				  established. The Department shall have the discretion to limit the contents of
				  the repository.
(d) The information
				  repository shall be located and maintained at a site chosen by the facility. If
				  the Department finds the site unsuitable for the purposes and persons for which
				  it was established, due to problems with the location, hours of availability,
				  access, or other relevant considerations, then the Department shall specify a
				  more appropriate site.
(e) The
				  Department shall specify requirements for informing the public about the
				  information repository. At a minimum, the Department shall require the facility
				  to provide a written notice about the information repository to all individuals
				  on the facility mailing list.
(f)
				  The facility owner/operator shall be responsible for maintaining and updating
				  the repository with appropriate information throughout a time period specified
				  by the Department. The Department may close the repository at his or her
				  discretion, based on the factors in paragraph (b) of this section.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart A - GENERAL › Section 61-79.260.A.1 - Purpose, scope, and applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) This part provides definitions of terms,
				  general standards, and overview information applicable to R.61-79.260 through
				  R.61-79.266 and R.61-79.268 of this chapter.
(b) In this part:
(1) Section260.2 sets forth the rules that
				  the Department will use in making information it receives available to the
				  public and sets forth the requirements that generators, transporters, or owners
				  or operators of treatment, storage, or disposal facilities must follow to
				  assert claims of business confidentiality with respect to information that is
				  submitted to the Department under R.61-79.260 through R.61-79.266 and
				  R.61-79.268 of this chapter.
(2)
				  Section260.3 establishes rules of grammatical construction for R.61-79.260
				  through R.61-79.266 under these regulations and R.61-79.268 of this
				  chapter.
(3) Section260.10 defines
				  terms which are used in R.61-79.260 through R.61-79.266 and R.61-79.268 of this
				  chapter.
(4) Section260.20
				  establishes procedures for petitioning the Department to amend, modify, or
				  revoke any provision of R.61-79.260 through R.61-79.266 and R.61-79.268 of this
				  chapter, and establishes procedures governing the Department's action on such
				  petitions.
(5) Section260.21
				  establishes procedures for petitioning the Department to approve testing
				  methods as equivalent to those prescribed in R.61-79.261, R.61-79.264 or
				  R.61-79.265 of this chapter.
(6)
				  Section260.22 establishes procedures for petitioning the Department to amend
				  Subpart D of R.61-79.261 to exclude a waste from a particular
				  facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart A - GENERAL › Section 61-79.260.A.2 - Availability of information; confidentiality of information

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any information provided to the
				  Department under R.61-79.260 through R.61-79.266 and R.61-79.268 of this
				  chapter will be made available to the public to the extent and in the manner
				  authorized by the Freedom of Information Act, section
				  30-4-10
				  et.seq. of the S.C. Code of Law of 1976 as amended, or
				  5
				  U.S.C. section 552, section 3007(b) of RCRA
				  or EPA regulations implementing the Freedom of Information Act, or section
				  3007(b)(b), 40 CFR part 2 of RCRA as applicable. (revised 12/92).
(b) Except as provided under paragraphs (c)
				  and (d) of this section, any person who submits information to the Department
				  in accordance with R.61-79.260 through R.61-79.266 and R.61-79.268 may assert a
				  claim of business confidentiality covering part or all of that information by
				  following the procedures set forth in S.C. Code Ann sections
				  30-4-10 et
				  seq. and
				  40
				  CFR 2.203(b). Information
				  covered by such a claim will be disclosed by the Department only to the extent,
				  and by means of the provisions contained in S.C. Code Ann sections
				  30-4-10 et
				  seq., and by means of the procedures, set forth in 40 CFR part 2, subpart B of
				  this chapter.
(c)
(1) After August 6, 2014, no claim of
				  business confidentiality may be asserted by any person with respect to
				  information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a
				  Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an
				  electronic manifest format that may be prepared and used in accordance with
				  section 262.20(a)(3).
(2) EPA will
				  make any electronic manifest that is prepared and used in accordance with
				  section 262.20(a)(3), or any paper manifest that is submitted to the system
				  under sections 264.71(a)(6) or 265.71(a)(6) available to the public under this
				  section when the electronic or paper manifest is a complete and final document.
				  Electronic manifests and paper manifests submitted to the system are considered
				  by EPA to be complete and final documents and publicly available information
				  after ninety (90) days have passed since the delivery to the designated
				  facility of the hazardous waste shipment identified in the manifest.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart A - GENERAL › Section 61-79.260.A.3 - Use of number and gender

Current through Register Vol. 48, No. 6, June 28, 2024
As used in R.61-79.260 through R.61-79.273:
(a) Words in the masculine gender also
				  include the feminine and neuter genders; and
(b) Words in the singular include the plural;
				  and
(c) Words in the plural include
				  the singular.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart A - GENERAL › Section 61-79.260.A.4 - Manifest copy submission requirements for certain interstate waste shipments

Current through Register Vol. 48, No. 6, June 28, 2024
(a) In
				  any case in which the state in which waste is generated, or the state in which
				  waste will be transported to a designated facility, requires that the waste be
				  regulated as a hazardous waste or otherwise be tracked through a hazardous
				  waste manifest, the designated facility that receives the waste shall,
				  regardless of the state in which the facility is located:
(1) Complete the facility portion of the
				  applicable manifest;
(2) Sign and
				  date the facility certification;
(3) Submit to the e-Manifest system a final
				  copy of the manifest for data processing purposes; and
(4) Pay the appropriate per manifest fee to
				  EPA for each manifest submitted to the e-Manifest system, subject to the fee
				  determination methodology, payment methods, dispute procedures, sanctions, and
				  other fee requirements specified in R.61-79.264 subpart FF.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart A - GENERAL › Section 61-79.260.A.5 - Applicability of electronic manifest system and user fe e requirements to facilities receiving state-only regulated waste shipments

Current through Register Vol. 48, No. 6, June 28, 2024
(a) For purposes of
				  this section, "state-only regulated waste" means:
(1) A non-RCRA waste that a state regulates
				  more broadly under its state regulatory program, or
(2) A RCRA hazardous waste that is federally
				  exempt from manifest requirements, but not exempt from manifest requirements
				  under state law.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart B - DEFINITIONS › Section 61-79.260.B.11 - Incorporation by reference

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  American Petroleum Institute (API). 1220 L Street, Northwest, Washington, DC
				  20005, (855) 999-9870,
www.api.org
.
(1) API Publication 2517, Third Edition,
				  February 1989, "Evaporative Loss from External Floating-Roof Tanks," IBR
				  approved for section 265.1084.
(2)
				  [Reserved]
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.20 - General

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any person may
				  petition the Department to modify or revoke any provision in parts 260 through
				  266, 268 and 273. This section sets forth general requirements which apply to
				  all such petitions. Section260.21 sets forth additional requirements for
				  petitions to add a testing or analytical method to part 261, 264 or 265.
				  Section260.22 sets forth additional requirements for petitions to exclude a
				  waste or waste-derived material at a particular facility from 261.3 or the
				  lists of hazardous wastes in subpart D of part 261. Section260.23 sets forth
				  additional requirements for petitions to amend 40 CFR 273 to include additional
				  hazardous wastes or categories of hazardous waste as universal waste. (revised
				  11/90; 12/92; 5/96).
(b) Each
				  petition must be submitted to the Department by certified mail and must
				  include:
(1) The petitioner's name and
				  address;
(2) A statement of the
				  petitioner's interest in the proposed action;
(3) A description of the proposed action,
				  including (where appropriate) suggested regulatory language; and
(4) A statement of the need and justification
				  for the proposed action, including any supporting tests, studies, or other
				  information.