S.C. Code Regs. § 61-107.19.IV.H

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

Section 61-107.19.IV.H - Permit Application Requirements

Prior to the construction, operation, expansion or modification of a Class Two landfill, a permit shall be obtained from the Department.

1. Prior to submitting a permit application to the Department, the applicant shall satisfactorily complete the following:

a. Determination of Need. The applicant shall submit to the Department a request pursuant to Regulation Regulation 61-107.17 for determining need of a proposed landfill or landfill expansion, if applicable.

b. Consistency Determination. The applicant shall submit to the Department a request for a determination of consistency with items listed below.

(1) State and County/Region Solid Waste Management Plans. The permit applicant shall demonstrate consistency with the State Solid Waste Management Plan in effect at the time of the request for a determination of consistency. The permit applicant shall demonstrate consistency with the county/region plan in effect at the time of the request for a determination of consistency. Class Two landfills managing solid waste generated solely in the course of normal operation on property under the same ownership or control as the Class Two landfill are not required to demonstrate consistency with the State and host County/Region Solid Waste Management Plans;

(2) Local zoning and land-use ordinances. Documentation demonstrating consistency with local zoning and land-use plans, e.g., zoning map, land-use map, and applicable part of the zoning ordinance shall be submitted to the Department; and,

(3) All other applicable local ordinances. Supporting documentation to include a copy of the ordinance shall be submitted to the Department.

(4) Buffer Requirement. The applicant shall demonstrate that it meets the buffer requirement set forth in Part IV, Section B.1.a. of this Regulation at the time of submittal of the demonstration.

c. If the Department's final determination of need is terminated, pursuant to R.61-107.17, all other determinations under Section H.1.a. and b. above will also be void.

2. Administrative Review. Upon satisfactory completion of Section H.1. above, the applicant shall submit to the Department a complete permit application. The applicant shall submit to the Department three copies of the following documents:

a. A completed permit application on a form provided by the Department;

b. A cost estimate for hiring a third party to close the sum of all active areas of the landfill requiring a final cover at any time during the operating life when the extent and manner of its operation would make closure the most expensive, as indicated in the closure plan. This estimate shall be sufficient to ensure satisfactory closure and post-closure maintenance of the landfill and requires Department approval prior to the permittee establishing a financial assurance mechanism pursuant to Part I, Section E. of this regulation;

c. A Disclosure Statement pursuant to Part I, Section F.1;

d. Complete engineering plans, drawings and reports in accordance with Section H.4 below, that are stamped by a Professional Engineer duly licensed to practice in the State of South Carolina; and,

e. 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.

f. Tonnage Limit. The applicant shall submit to the Department a request for a determination of a maximum annual tonnage limit.

(1) Prior to the issuance of a permit for a new or expanded commercial Class Two landfill, the Department will approve a maximum annual tonnage limit based on the facility's design capacity, operational capacity, the expected operational life, and the planning area as determined by R.61-107.17, SWM: Demonstration-of-Need; provided, however, that the maximum annual tonnage limit must not exceed the maximum yearly disposal rate pursuant to R.61-107.17.

(2) Prior to issuance of a permit for a new or expanded noncommercial Class Two landfill, the Department will approve a maximum annual tonnage limit based on the facility's design capacity, operational capacity, and the expected operational life.

3. Public Notice. When the submittal is administratively complete, the Department will notify the applicant in writing. Within 15 days of receipt of notification from the Department, the applicant shall publish notice of the permit application pursuant to Part I, Section D.2. of this regulation, and submit an affidavit of publication of the public notice in the newspaper to the Department.

4. Technical Review. After determining that the permit application is administratively complete, the Department will conduct a Technical Review of the proposed project. The Department's technical review of the permit application will involve the following:

a. Engineering Drawings and Plans. All applications for new Class Two landfills and landfill expansions shall contain engineering drawings that set forth the proposed landfill location, property boundaries, adjacent land uses and construction details. All construction drawings shall be bound and rolled and shall contain the following:

(1) A vicinity plan or map that shows the area within one mile of the property boundaries of the landfill in terms of: the existing and proposed zoning and land uses within that area at the time of permit application; and, residences, public and private water supply wells, known aquifers, surface waters (with quality classifications), access roads, bridges, railroads, airports, historic sites, and other existing and proposed man-made or natural features relating to the facility. The plan shall be on a scale of not greater than 500 feet per inch, unless otherwise approved by the Department;

(2) A site plan on a scale of not greater than 200 feet per inch unless otherwise approved by the Department. This plan shall at a minimum identify the following:

(a) The landfill's property boundaries, as certified by an individual licensed to practice land surveying in the State of South Carolina; off-site and on-site utilities (such as, electric, gas, water, storm, and sanitary sewer systems), right-of-ways and easements; the names and addresses of abutting property owners; the location of soil borings, excavations, test pits, gas venting structures (if applicable), wells, piezometers, environmental and facility monitoring points and devices; benchmarks and permanent survey markers; on-site buildings and appurtenances, fences, gates, roads, parking areas, drainage culverts, and signs; the delineation of the total landfill area including planned staged development of the landfill's construction and operation, and the lateral limits of any previously filled areas; the location and identification of the sources of cover materials; and site topography with five feet minimum contour intervals; and, any other relevant information as necessary for proper operation. The site plan drawings shall show wetlands, property lines, existing wells, water bodies, residences, schools, day-care centers, churches, hospitals, publicly owned recreational park areas and any building on adjoining property;

(b) Location of surface water, dry runs, wetlands, the location of the 100-year floodplain boundaries, and other applicable details regarding the general topography of the landfill site and adjacent properties within one-fourth ( 1/4) mile of the disposal area;

(c) The area where unauthorized waste will be temporarily stored while it awaits removal for proper disposal; and,

(d) The area where recovered materials will be temporarily stored;

(3) Detailed plans of the landfill that clearly show in plan and cross-sectional views the following: the original, undeveloped site topography before excavation or placement of solid waste; the existing site topography, if different, including the location and approximate thickness and nature of any existing solid waste; plan view of the location of the seasonal high water table in relation to the bottom elevation of the proposed landfill; a cross sectional view of existing and final elevations, bottom elevation and deflected bottom elevation, and seasonal high water table; geologic units; known and interpolated bedrock elevations; the proposed limits of excavation and waste placement; other devices as needed to divert or collect surface water run-on or run-off; a plan and cross section view of fill progression for the life of the landfill; the final elevations and grades of the landfill; groundwater monitoring system; and, the building locations and appurtenances;

(4) Detailed plans of the sedimentation ponds. These plans shall clearly show in plan and cross sectional views the following: the existing site topography, the seasonal high water table, pond bottom elevation, permanent pool elevation, first flush elevation, maximum elevation for sedimentation clean-out, emergency spillway 100-yr storm elevation, riser pipe, antiseep collars, outlet protection, emergency spillway, dewatering riser, trash/antivortex rack, and sedimentation pond gauge legend.

b. Engineering Report. The engineering report shall contain a comprehensive description of the existing site conditions and an analysis of the proposed landfill. All engineering reports shall be bound. This report shall include, but is not limited to, the following:

(1) A current 7.5 minute quadrant map (U.S. Geological Survey topographic map, including the legend and name of the quadrant) which shows contour intervals not exceeding five feet with the location, i.e. footprint, of the proposed landfill indicated;

(2) Source and description of cover material to be used. If soil excavated during landfill construction is to be used as cover material, indicate the location of stockpiles during landfill operation;

(3) Frequency of covering;

(4) Depth of disposal area;

(5) Final contours of the finished landfill areas;

(6) Stabilization Plan. This plan shall:

(a) Identify and locate existing vegetation to be retained and proposed vegetation to be used for cover, soil stockpiles, and other purposes; and,

(b) Include a schedule for seeding or implementing other appropriate erosion control measures. Appropriate measures shall be taken to stabilize stockpiled soils within 30 days;

(7) Operating Plan. A general operating plan for the proposed landfill shall include the expected life of the landfill, the maximum volume of solid waste the landfill will be capable of receiving over the operational life of the landfill, and the maximum rate at which the landfill will receive that waste during the designed life of the landfill. This plan shall at a minimum address the following:

(a) Screening procedures defining the methods for inspecting and measuring incoming waste;

(b) Procedures for control of storm water drainage;

(c) Procedures for prevention of fires;

(d) Procedures for control of vectors;

(e) Procedures for odor control;

(f) Procedures for dust control;

(g) Procedures for ensuring that waste does not escape the landfill boundaries during flooding;

(h) Hours of operation;

(i) Procedures for excavating, earth moving, spreading, compacting and covering operations, including a list of equipment to be at the landfill for daily operation. This submittal shall also include:

i. A description of the site's preparation and fill progression for the life of the site in terms of method, depth, location and sequence;

ii. A method of elevation control for the operator including the location and description of the permanent surveying benchmark at the site; and,

iii. A fill progression discussion describing the placement and compacted thickness of cover;

(j) Description of stormwater diversion in areas of constructed cells that have not had waste placement;

(k) A contingency plan describing landfill operation in the event of fire, explosion, or other event that would threaten human health and safety of the environment, and equipment failure. Reserve equipment shall be available within 24 hours of equipment breakdown. The contingency plan shall also contain procedures for the proper removal and disposal of unauthorized waste; and,

(l) A list of items that are not listed in Appendix I but are similar in nature to Appendix I of this regulation that the permittee wishes to place in the landfill, the anticipated quantity and source of the waste. Upon Department review, items other than those listed in Appendix I, that are approved for landfilling, shall be listed on the permit for that facility. After issuance of the permit, other items may be approved for disposal at the landfill by modification of the permit by the Department. Only items that will cause no environmental harm as determined by the Department shall be approved for disposal;

(8) A groundwater monitoring and corrective action plan pursuant to Sections D. and E. of this Part;

(9) Detailed closure plan in accordance with Section I. of this Part, to include a description of the final cover and the methods and procedures to be used to install the cover. This plan shall also include the following: an estimate of the sum of all active areas of the landfill requiring a final cover at any time during the operating life of the facility; an estimate of the maximum inventory of wastes ever on site over the active life of the facility; a schedule for completing all activities; and, a site plan of the landfill showing the proposed final elevations. The plan may be amended at any time during the active life of the facility with Department approval. The plan shall be amended whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure;

(10) Detailed post-closure plan in accordance with Section J. of this Part. This plan may address, but not be limited to, groundwater monitoring, landfill gas monitoring and maintenance of the integrity and effectiveness of the final cover including future use of the site.

c. South Carolina Coastal Zone Management Plan. The proposed landfill project shall be consistent with the South Carolina Coastal Zone Management Plan, if the landfill is located in the coastal zone as defined in accordance with the Coastal Zone Management Act.

S.C. Code Regs. 61-107.19.IV.H