S.C. Code Regs. § 61-107.19.III.B

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

Section 61-107.19.III.B - General Provisions

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.

b. Submit to the Department:

(1) A written Notice of Intent, pursuant to Section C. below, to be covered by the general permit on a form approved by the Department;

(2) An affidavit of publication in a newspaper for the public notice required in Section B.4.a. above;

(3) The names and addresses of the owners of real property as they appear on the county tax maps as contiguous landowners of the proposed permit area; and,

(4) A disclosure statement pursuant to Part I, Section F.1.

5. The Department will notify by certified mail, return receipt requested, all adjoining landowners of receipt of the Intent to Operate under the General Permit.

6. Written Department approval to operate under the General Permit shall be received prior to operation of a Class One landfill.

7. Upon a determination by the Department and written notification that the landfill poses an actual or potential threat to human health or the environment, the Department may require the permittee to implement corrective measures as appropriate.

8. A Class One Landfill's approval to operate under the general permit may be revoked for any of the following reasons:

a. The facility fails to comply with the conditions of the general permit or this regulation;

b. Circumstances have changed since the time of the requested approval to operate so that the permittee is no longer appropriately regulated under the general permit, or a temporary or permanent closure of the landfill is necessary; and,

c. Environmental and/or health problems associated with the landfill are detected by the Department.

9. When an individual solid waste landfill permit is issued to a permittee otherwise subject to the general permit, the applicability of the general permit to that landfill is automatically terminated on the effective date of the individual permit.

10. A landfill excluded from the general permit solely because it already has an individual landfill permit may request that the individual permit be revoked, and that the landfill be covered by the general permit. Upon revocation of the individual permit and approval of the Notice of Intent to operate under the general permit, the general permit shall apply to the landfill.

S.C. Code Regs. 61-107.19.III.B