S.C. Code Regs. § § 61-107.18.C

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-107.18.C - General Provisions

1. The siting, design, construction, operation, and closure activities for facilities that treat contaminated soil shall conform to the standards set forth in this regulation, unless otherwise approved by the Department. Engineering plans, specifications, reports and other documents approved by the Department during the review process shall become enforceable documents upon issuance of a permit pursuant to this regulation. Facilities shall be constructed as approved and permitted.

2. Prior to the construction of a new soil treatment facility, a permit shall be obtained from the Department pursuant to this regulation. Prior to the modification of an existing soil treatment facility, as-built drawings of the existing facility which have current Department approval shall be submitted in addition to plans and specifications of proposed modifications to the facility. Any modification to the design/operation of a facility that would change the language of the permit shall receive prior Department approval.

3. Prior to operation of a new permitted soil treatment facility or a permitted modification to an existing facility, the facility shall be inspected by the Department and receive operational approval.

4. The Department reserves the right to require the soil treatment facility to acquire an RD&D permit pursuant to Regulation Regulation 61-107.10 for any process or compound for which the information provided is deemed insufficient to establish the efficacy of the proposed process to the Department's satisfaction. If, after the two (2) years expiration of the RD&D permit, the process is proved to be a viable method for treating soil, a permit pursuant to this regulation may be issued for the process. Petroleum and other compounds that have been shown to be highly degradable via the proposed treatment process will not generally require a RD&D permit. A permit requested pursuant to this regulation may be denied should the process not be determined to be acceptable to the Department's satisfaction.

5. No later than six (6) months from the effective date of this regulation, existing soil treatment facilities shall submit to the Department a permit application with supporting documents as outlined in Section D of this regulation.

6. Failure to begin construction of the treatment facility within twelve (12) months of the issuance of the Department permit shall render that permit invalid.

7. Upon reasonable cause to suspect that the treatment facility and/or treatment process poses a threat to human health or the environment, the Department, upon notification to the owner/operator, may require the owner/operator to investigate and, if appropriate, develop and implement a corrective action program approved by the Department.

8. Soil treatment facilities shall demonstrate consistency with the host Region/County Solid Waste Management Plan pursuant to Section D. of this regulation.

9. Open dumping of contaminated soil is prohibited.

10. Soil treatment facilities shall adhere to Federal and State rules and regulations and local zoning, land use and other applicable local ordinances and OSHA requirements.

11. Transfer of ownership.

a. The Department may, upon prior written request, transfer a permit to a new owner or operator of a soil treatment facility where no other change in the permit is necessary. The proposed new owner or operator of a permitted soil treatment facility shall, at least forty-five (45) days prior to the scheduled change in ownership or operating responsibility, provide to the Department:

(1) Documentation of the new owner's name and address;

(2) Documentation of the name and address of the party responsible for the operation and maintenance of the facility, if different from the owner;

(3) A written agreement signed by the current owner/operator and the proposed new owner/operator indicating the intent to change ownership or operating responsibility of the facility. The agreement shall contain a specific date for the transfer of permit responsibility;

(4) Documentation indicating that the facility shall be operated in accordance with the existing permit in effect at the time of transfer;

(5) Documentation of financial assurance as required in Section E. of this regulation. The previous owner/operator shall maintain financial assurance responsibilities until the new owner/operator can demonstrate satisfactory compliance with the financial assurance requirements outlined in this regulation; and,

(6) A disclosure statement as required in Section D. of this regulation.

b. Upon approval of all documents required by Item 11.a. above, the Department shall transfer the permit from the current owner/operator of the facility to the new owner/operator.

c. A request for a permit modification shall be submitted with the permit transfer request, if the facility will not be operated in accordance with the approved plans. The permit modification shall be in accordance with all provisions of this regulation.

d. The new owner shall submit legal documentation to the Department of the transfer of ownership of the facility within fifteen (15) days of the actual transfer.

12. All chemical and biological analyses required by this regulation for submittal to the Department shall be analyzed by a laboratory certified by the Department for that particular parameter.

13. All analytical methods used shall be appropriate for the parameters being quantified given the sample matrix (gasoline and diesel range organics at a minimum.) Quantification of total petroleum hydrocarbons shall employ appropriate extraction methods and include both short and long chain hydrocarbons.

14. Approval from the State Toxicologist shall be required when intergeneric (i.e., bioengineered) microorganisms or pathogenic (i.e., disease-causing) microorganisms are used in the proposed technology.

15. A maintenance plan shall be submitted that describes how each major component of the soil treatment facility and all associated equipment shall be maintained at the facility, and how the facility shall be operated in accordance with its intended use.

16. It is incumbent on the soil treatment facility to ensure that any soil-like material is compatible with the approved treatment process. Any contaminants in the soil-like material shall be treated to acceptable standards.

S.C. Code Regs. § 61-107.18.C