S.C. Code Regs. § 61-107.19.I.A

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

Section 61-107.19.I.A - Applicability

1. This regulation establishes minimum standards for the site selection, design, operation, and closure of all solid waste landfills and structural fill areas. Disposal of waste under the purview of this regulation is based on the waste's chemical/physical properties and is not dependent upon the source of generation with the exception of municipal solid waste that shall be disposed in Class Three landfills. This regulation is divided into the following parts:

a. Part I outlines the general criteria that applies to one or more Parts of the regulation, e.g., the applicability for the regulation, waste characterization requirements for determining the type of landfill needed, definitions for the purposes of this regulation;

b. Part II outlines the Permit-by-rule requirements for structural fill activity using a limited waste stream;

c. Part III outlines the General Permitting requirements for Class One Landfills - using land-clearing debris, and yard trash to fill low areas, including permitted mining sites, for an aesthetic benefit or property enhancement;

d. Part IV outlines the requirements for Class Two Landfills - all landfills for the disposal of waste as outlined in Appendix I of this regulation, and similar waste, and wastes that test, pursuant to Section C of this Part, 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 the permit application. When a waste not listed in Appendix I is approved by the Department for disposal, the landfill's permit will be modified to include the acceptability of the approved waste; and,

e. Part V outlines the requirements for Class Three Landfills that accept municipal solid waste, industrial solid waste, sewage sludge, nonhazardous municipal solid waste incinerator ash and other nonhazardous wastes.

2. This regulation replaces and simultaneously repeals Regulations: 61-107.11 Solid Waste Management: Construction, Demolition, and Land-clearing Debris Landfills; 61-107.13 Solid Waste Management: Municipal Solid Waste Incinerator Ash Landfills; 61-107.16 Solid Waste Management: Industrial Solid Waste Landfills; and 61-107.258 Solid Waste Management: Municipal Solid Waste Landfills. The Department will automatically convert as an administrative modification all existing landfill permits to the appropriate Part as outlined in this regulation.

3. A separate permit shall be required for each landfill even though there may be one or more different types of landfills located in different areas on the same site.

4. This regulation applies to all new and existing solid waste landfills and to all structural fill activities. All new solid waste landfills shall be in compliance with all requirements of this regulation prior to receipt of waste.

5. This regulation becomes effective upon publication as final in the State Register.

6. Existing permitted solid waste landfills shall comply with the following:

a. Existing permitted landfills operating on the effective date of this regulation are not subject to the location criteria outlined herein, but shall be subject to all other provisions of this regulation;

b. Within 180 days of the effective date of this regulation, existing permitted landfills that are not in compliance with required standards, shall submit to the Department a plan to bring the landfill into compliance with requirements of this regulation; and,

c. All landfills operating on the effective date of this regulation shall be in compliance with the requirements of this regulation within 18 months of the effective date of this regulation, unless additional time is allowed pursuant to requirements of this regulation.

7. Landfills for the disposal only of trees, stumps, wood chips, and yard trash when generation and disposal of such waste occurs on properties under the same ownership or control are exempt from the requirements of this regulation. Also, land-clearing debris generated from agricultural or silvicultural operations generated and disposed on site are not subject to the requirements of this regulation.

8. Open dumping is prohibited.

9. Use of Design Document, Plans, and Specifications.

a. The owner/operator of a solid waste landfill shall maintain copies of all Department approved plans and specifications for the landfill at a location readily accessible by landfill personnel and representatives of the Department during regular business hours; and,

b. All landfill operations shall be in accordance with this regulation and with all Department approved plans and specifications for the facility. Failure to operate in accordance with this regulation and/or the approved plans and permit may result in enforcement action by the Department.

10. All activities conducted under the purview of this regulation shall adhere to all Federal and State rules and regulations, and all local zoning, land use, and other applicable ordinances and laws;

S.C. Code Regs. 61-107.19.I.A