S.C. Code Regs. § § 61-105.W

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-105.W - Permit Applications and Issuance

(1) No person may expand or construct a new treatment facility without a obtaining an Infectious Waste Management permit issued by the Department. To obtain a permit, the applicant shall demonstrate the need for such a facility or expansion. To determine if there is a need, infectious waste generated outside of the state may not be considered without Department approval.

(2) The Department will determine and publish annually an estimate of the amount of infectious waste to be generated in South Carolina during the ensuing twelve months.

(3) The demonstration of need does not apply to:

(a) facilities owned by counties, municipalities, or public service districts which accept only infectious waste generated in this state;

(b) facilities that are owned or operated by the generator of the waste and this waste is generated in this state;

(c) generator facilities; or

(d) facilities currently operated under permits issued by the Department, or to the renewal of existing permits issued by the Department if there is no expansion of the capacity as prescribed in the conditions of the permit.

(4) No person may expand or construct a new intermediate handling facility without an Infectious Waste Management permit issued by the Department. Intermediate handling facility permit applicants do not have to demonstrate a need.

(5) To obtain an Infectious Waste Management Permit, the person must complete a permit application as designed by the Department. Permit applications will not be processed until they are deemed complete by the Department.

(6) A draft of the manual required in Section U (4) must accompany the permit application. The manual must meet the approval of the Department or be modified so that it will meet approval. After approval by the Department, the standard operating procedure manual shall become part of the permit and must be adhered to by the permittee. Changes in this manual must be made by submittal of a written request to the Department which may approve or deny such request.

(7) In addition to other requirements, a permit application for a treatment facility or intermediate handling facility must include at a minimum:

(a) an engineering report which, at a minimum, contains a description of the facility, the process and equipment to be used, the proposed service area, and storage of the waste;

(b) engineering plans and specifications which must, at a minimum, describe the architectural, mechanical, electrical, plumbing, heating, ventilating, process equipment, instrumentation and control diagrams, and performance specifications for all major equipment and control centers;

(c) the latitude and longitude of the facility;

(d) a topographic map (or similar map) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its infectious waste management, treatment, storage, or disposal facilities; those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within the quarter-mile of the facility property boundary; and the 100-year flood plain;

(e) a written acknowledgment from the governing body of the city or town, and/or county in which the facility is to be located that the location and operation of the facility are consistent with all applicable ordinances;

(f) a description of the process to be used for treating, storing, handling, transporting and disposing of infectious waste, and the design capacity of these items;

(g) a description of the type of the infectious waste to be treated, stored, transported or disposed at the facility, an estimate of the quantity of such wastes to be treated, stored, transported, and disposed annually;

(h) a quality assurance and quality control report;

(i) a contingency plan describing a technically and financially feasible course of action to be taken in response to contingencies which may occur during construction and operation of the facility to include a description of how the waste will be managed to protect the waste from flood waters.;

(j) an identification of possible air releases and groundwater or surface water discharges;

(k) a waste control plan describing the manner in which waste will be received, stored, and otherwise managed;

(l) a plan outlining the flow of traffic associated with the facility;

(m) a closure plan which includes the estimated cost of closure;

(i) a closure cost estimate which must be based on the cost of hiring a third party to close the facility; and

(ii) a cost estimate which may not include any salvage value from the sale of any structures, equipment, and other assets.

(n) other information as may be required by the Department.

(8) The Permittee shall notify the Department in writing within thirty (30) days of any changes of the information required in (7) above or changes which would require modifications of the permit as issued.

(9) A permit may be terminated or a new or renewal application may be denied by the Department for noncompliance by the permittee with any conditions of the permit, requirements of this regulation, or the Act.

(10) In addition to conditions required in all permits, the Department shall establish conditions as required on a case-by-case basis, for the duration of the permits, schedules of compliance, monitoring, and to provide for and assure compliance with all applicable requirements of this regulation.

(11) Permits will be valid for the period stated on the permit. If the application for renewal is received as above, the permit will continue in force until the Department makes a permit decision.

(12) As a condition of approval for an Infectious Waste Management Permit, any person who owns or operates a facility or group of facilities for the treatment, storage, or disposal of infectious waste must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from the operation of the facility or group of facilities and assure the satisfactory maintenance, closure, and postclosure care of any facility or group of facilities, and to carry out any corrective action which may be required by the Department. Such form and amount of financial responsibility shall be a permit condition specified by the Department. At any time, should the Department determine that the levels of financial responsibility required are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the Department may adjust the level of financial responsibility required as may be necessary to protect human health and the environment. This adjusted level will be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities.

(13) The permittee must immediately notify the Department upon loss of the financial responsibility coverage. A permittee shall cease to treat or store infectious waste upon loss of financial responsibility coverage.

(14) A facility may receive only those waste streams for which it is permitted; however, a facility may request in writing to receive new waste streams which are subject to Department approval or denial.

S.C. Code Regs. § 61-105.W