S.C. Code Regs. § ch. 61, 61-107, 61-107.19, pt. V, subpt. H

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

Subpart H - Permit Application Requirements

Prior to the construction, operation, expansion or modification of a Class Three 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 the 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 submittal of the request for the Determination of Consistency. The permit applicant shall demonstrate consistency with the county/region plan in effect at the time of the submittal of the request for the Determination of Consistency. Class Three landfills managing solid waste generated solely in the course of normal operation on property under the same ownership or control as the Class Three 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 Subpart B, Section258.18. a of this Part at the time of submittal of the demonstration. The Department must notify by certified mail, return receipt requested, the applicant and any other affected person who requests to be notified of its determination of compliance with this buffer requirement.

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

d. Landfill Siting Study. If the Department determines there is a need for the proposed landfill/expansion pursuant to R.61-107.17., the applicant shall conduct a landfill siting study and submit the results of the study to the Department for a site suitability determination. This study shall be used to eliminate those sites which, due to location restrictions, are unsuitable sites and to determine if the site conditions warrant further permitting activities. The landfill siting study shall include, at a minimum, the following steps:

(1) A preliminary hydrogeologic characterization report on the site, which contains readily available information on the regional, local, and site hydrogeology and groundwater use. The preliminary hydrogeologic characterization report shall be used to eliminate hydrogeologically unsuitable sites, and to determine if site conditions warrant further investigation;

(2) Pending approval of the preliminary hydrogeologic characterization report, a work plan detailing the site specific hydrogeologic investigations to be performed at the site shall be submitted to the Department for review and approval; and,

(3) Upon approval of the work plan specified in paragraph b. above, a site hydrogeologic characterization report shall be prepared and submitted to the Department detailing the findings of the site specific investigations. The landfill siting investigation shall ensure that the proposed landfill location complies with the location criteria outlined in Subpart B of this Part. During review by the Department of the suitability of the site based on the site hydrogeologic characterization report, the permit applicant may proceed with site design, and submittal of a groundwater monitoring plan as specified in Subpart H, Section5.b. (14) below. Approval of the site shall be required before the Department will comment on engineering plans associated with the construction of the facility.

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

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

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

(1) Prior to the issuance of a permit for a new or expanded commercial Class Three landfill, the Department shall approve an allowable 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 Regulation 61-107.17.

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

c. 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 requires Department approval prior to the permittee establishing a financial assurance mechanism pursuant to Part I., Section E. of this regulation;

d. A Disclosure Statement pursuant to Part I, Section F.1. of this regulation. The Department may accept one disclosure statement for multiple facility permit applicants. This requirement shall not apply if the applicant is a local government or a region comprised of local governments;

e. Complete engineering plans and reports that are signed and stamped by a South Carolina Licensed Professional Engineer in accordance with Item 5. below;

f. 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.

3. When the submittal is administratively complete, the Department will notify, in writing, the applicant, the host local government if different from the applicant, and any other person who has made a written request for notification to the Department of the determination. Within 15 days of the Department's notification that the submittal is administratively complete:

a. The applicant for a Class Three landfill that will accept municipal solid waste shall submit to the Department demonstration and documentation that the facility issues negotiation process has been initiated in accordance with S.C. Code Section 44-96-470, to include an affidavit of publication of the public notice in the newspaper as required by Code Section 44-96-470(A).

b. The applicant for a Class Three landfill that will not accept municipal solid waste shall publish notice of the permit application pursuant to Part I, Section D.2. of the regulation, and submit an affidavit of publication of the public notice in the newspaper to the Department.

4. Upon completion of the facility issues negotiation process, the facilitator shall provide to the Department a summary of the results of the negotiations within 14 days of the certification of the facilitator's final report of resolution of the host local government as required by S.C. Code Section 44-96-470.

5. 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 documents and issues addressed in this Section. All individual drawings and plans shall be signed and stamped by a professional engineer duly licensed to practice in the State of South Carolina.

a. Engineering Drawings and Plans. All applications for new Class Three landfills and landfill expansions shall contain engineering drawings that set forth the proposed landfill location, property boundaries, adjacent land uses and construction details. Additional requirements for landfills with leachate recirculation are outlined in SubPart A, Section258.4. of this Part. 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) Site plans that show: 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), rights-of-way and easements; the names and addresses of abutting property owners; the location of soil borings, excavations, test pits, gas venting structures, 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; the location and identification of special waste handling areas; and site topography with five feet minimum contour intervals; and, any other relevant information as necessary for proper operation. The site plan shall show wetlands, property lines, existing wells, water bodies, and soil stockpiles that will be used as cover material. ¡The plan shall show all buildings, to include residences and schools, on adjacent properties. The plan shall be on a scale of not greater than 200 feet per inch unless otherwise approved by the Department.

(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.

(5) Detailed plans shall show: the location and placement of each liner system and each leachate collection system, locating and showing all critical grades and elevations of the collection pipe inverts and drainage envelopes, manholes, cleanouts, valves and sumps; and, leachate storage, treatment and disposal systems including the collection network and any treatment, pre-treatment, or storage facilities.

b. Engineering Report. An Engineering Report comprehensively describing the existing site conditions and an analysis of the landfill, including closure and post-closure criteria. Additional requirements for landfills with leachate recirculation are outlined in Section5.c. below. All engineering reports shall be bound. This report shall:

(1) Specify the filling rate (in tons per day) of the landfill describing the number, types, and specifications of all necessary machinery and equipment needed to effectively operate the landfill at the prescribed filling rate;

(2) Contain a detailed description of all construction phases, including, but not limited to, the liner system, leachate collection system, and final cover system;

(3) Contain an analysis of the site to include:

(a) The name, address, and location of all adjacent landowners; the closest population centers;

(b) A description of the primary transportation systems and waste transportation routes to the landfill (i.e., highways, airports, railways, etc.); and,

(c) An analysis of the existing topography, surface water and subsurface geological conditions;

(4) Discuss the closure and post-closure maintenance and operation of the landfill which shall include, but not be limited to:

(a) A closure design consistent with the requirements contained in Section258.60;

(b) A post-closure water quality monitoring program consistent with requirements contained in Section258.61;

(c) Methane monitoring and control systems as needed;

(d) An operation and closure plan for the leachate collection, treatment, and storage facilities consistent with the requirements of this Part; and,

(e) A discussion of the future use of the site including the specific proposed or alternative use. Future uses shall conform to the stabilization plan, required by this regulation and shall not adversely affect the final cover system;

(5) Include appendices demonstrating compliance with pertinent local laws and regulations pertaining to air, land, noise, and water pollution, and other supporting data, including literature citations;

(6) Describe the materials and construction methods for the placement of: each monitoring well; all gas venting systems; each liner and leachate collection and removal system; leachate storage, treatment, and disposal systems; and, cover systems. This description also shall include a discussion of provisions to be taken to prevent frost action upon each liner system in areas where refuse has not been placed;

(7) Estimate the expected quantity of leachate to be generated, including:

(a) An annual water budget estimating leachate generation quantities, prepared for periods of time of initial operation, the interim between the last receipt of waste and application of final cover, and following facility closure. At a minimum, the following factors shall be considered in the preparation of the precipitation infiltration into the landfill: average monthly temperature; average monthly precipitation; evaporation; evapotranspiration, which should consider the vegetation type and root zone depth; surface/cover soil conditions and their relation to precipitation runoff which shall account for the surface conditions and soil moisture holding capacity; and, all other sources of moisture contribution to the landfill;

(b) Liner and leachate collection system efficiencies calculated using an appropriate analytical or numerical assessment. The factors to be considered in the calculation of collection system efficiency shall include, as a minimum, the saturated hydraulic conductivity of the liner, the liner thickness, the saturated hydraulic conductivity of the leachate collection system, the leachate collection system porosity, the base slope of the liner and leachate collection and removal system interface, the maximum flow distance across the liner and leachate collection and removal system interface to the nearest leachate collection pipe, and the estimated leachate generation quantity as computed in accordance with the requirements of the preceding subparagraph; and,

(c) Information gained from the collection efficiency calculations required in the preceding two paragraphs used to predict the static head of leachate on the liners, volume of leachate to be collected, and the volume of leachate that may permeate through the entire liner system on a monthly basis. This assessment shall also address the amount of leachate expected to be found in the leachate collection and removal system in gallons per acre per day;

(8) Include a design of the leachate storage facility based upon the leachate generation calculation. The design capacity for the leachate storage facility shall be based on the proposed leachate disposal method that allows sufficient lead time for either:

(a) Development of a separate set of engineering reports, plans and specifications for the construction and operation of a leachate treatment facility on-site and to obtain approval of this document before any discharge from the leachate storage facility; or,

(b) Development of a plan to handle leachate destined for off-site treatment at a wastewater treatment facility, and to ensure that the amount of leachate stored on-site is not in excess of the storage capacity available. This plan shall include a legal document (contract, local permit, etc.) certifying acceptance of leachate from the operator of the wastewater treatment facility with all conditions stipulated by the operator of the wastewater treatment facility and all such stipulations addressed in the operations plan;

(9) Include a Construction Plan describing how the landfill will fulfill the requirements of protecting human health and the environment. The plan shall be presented in a manner sufficiently clear and comprehensive for use by the landfill's operator during the life of the landfill. It shall depict the fill progression with respect to site life and shall:

(a) Describe the site's preparation and fill progression for the life of the site in terms of method, depth, location and sequence;

(b) Contain a method of elevation control for the operator including the location and description of the permanent surveying benchmark at the site;

(c) Contain a fill progression discussion describing the placement and compacted thickness of daily, intermediate and final cover;

(d) For soils excavated during construction, identify the stockpile location and volume of soils; and,

(e) Contain a description of stormwater diversion from leachate collection system in areas of constructed cells that have not had waste placement;

(10) Include an Operation and Maintenance Report prepared to demonstrate how the landfill will meet all the operational requirements. This report shall include, at a minimum, the following:

(a) A description of the project's personnel requirements, stating personnel responsibilities and duties including discussions for training and lines of authority at the landfill;

(b) A description of all machinery and equipment to be used at the landfill, their authorized uses, and safety features;

(c) A description of the operational controls, including but not limited to, signs, hours and days of operation, landfill usage rules and regulations, and traffic flow controls;

(d) A description of the anticipated solid waste to be received per day, specifying the quantities received in tons per day, the fill progression of the landfill, and the method of solid waste placement and compaction, and the anticipated in-place density;

(e) A description of the landfill's solid waste receiving process, including inspection of incoming loads, identification of any waste streams to be excluded, and those wastes to receive special handling, or to require treatment before receipt, and a copy of the Special Waste Analysis and Implementation Plan (SWAIP);

(f) A description of the cover material management plan, specifying the types of cover material (daily, intermediate, and final), identifying the quantities required and sources for each cover material by type, including the method of cover material placement, compaction, and the anticipated density;

(g) A description of the project's gas monitoring program that discusses explosive gas generation at the landfill and the controls used to ensure that gas generated at the landfill will not create a hazard to health, safety, or property;

(h) A description of how winter and inclement weather operations will be conducted; and,

(i) If applicable, a description of the operation of a convenience station at the landfill for smaller private vehicles to unload refuse at an area other than the landfill's working face;

(11) Contain a Stabilization Plan. Measures shall be taken within 30 days of establishing soil stockpiles to stabilize the stockpiles not in active use. The Stabilization Plan shall address adequate seeding or other erosion control measures of the site and:

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

(b) If appropriate, provide a seeding and planting schedule, including the identification of the rationale for the seed mixture choice and fertilization and procedures for seed application, mulching, and maintenance; and,

(c) Describe the planting plan and schedule which identifies plants to be used consistent with future use proposals;

(12) Include a Quality Assurance/Quality Control (QA/QC) Report prepared in accordance with accepted QA/QC practices. This report shall address the construction requirements set forth in this Part for each phase of construction and shall include, but not be limited to:

(a) A delineation of the QA/QC management organization, including the chain of command of the QA/QC inspectors and contractors;

(b) A description of the required level of experience and training for the contractor, his crew, and QA/QC inspectors for every major phase of construction, in sufficient detail to demonstrate that the installation methods and procedures required in this document are properly implemented; and,

(c) A description of the QA/QC testing protocols for every major phase of construction, including, but not limited to, the base liner system, leachate collection system, and final cover system. The QA/QC testing protocol shall include at a minimum: the frequency of inspection; field testing; sampling for laboratory testing, the sampling and field testing procedures and equipment to be utilized; the calibration of field testing equipment, the frequency of performance audits; the sampling size; the soils or geotechnical laboratory to be used; the laboratory procedures to be utilized; the calibration of laboratory equipment and QA/QC of laboratory procedures, the limits for test failure; and, a description of the corrective procedures to be used upon test failure;

(13) Include a Contingency Plan that addresses an organized, planned and coordinated, technically and financially feasible course of action to be taken in responding to contingencies during the construction and operation of the landfill. The plan shall provide a description of the criteria to be utilized in evaluating deficiencies, and selecting and implementing corrective actions. The plan shall, at a minimum, address:

(a) Procedures for responding to deficiencies during the construction phase resulting from circumstances including, but not limited to, inclement weather, defective materials or construction inconsistent with specifications as demonstrated by quality control testing;

(b) Actions to be taken during operation of the landfill with respect to: personnel and user safety; on-site personal injury; fires; explosive landfill gases detected on site; dust; litter; odor; noise; equipment breakdown; unusual traffic conditions; vectors; disposition of unapproved wastes; receipt of unauthorized wastes; releases of hazardous or toxic materials; groundwater and surface water contamination which may include public water supply contamination as a result of an accidental spill; and, the occurrence of the leachate storage facility being at or above capacity; and,

(c) Procedures to be used in response to: tank and surface impoundment spills or leakage, including removal of the waste and repair of such structures; and, the inability of the approved leachate treatment facility to accept leachate from the landfill for an indefinite period of time;

(14) Include a Groundwater Monitoring Plan. Upon obtaining approval of the investigations performed to satisfy the landfill siting study, a groundwater monitoring plan shall be submitted to the Department for review and approval. The groundwater monitoring plan shall detail the activities to be performed to ensure compliance with the requirements of Section258.51., Section258.53., and Section258.54.;

(15) Include a Closure Plan in the permit application that details the activities to be performed to satisfy the requirements of Section258.60.; and,

(16) Include a Post-closure Plan that details the activities to be performed to satisfy the requirements of Section258.61.

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.

d. Leachate Recirculation. All landfills proposing leachate recirculation shall comply with the requirements outlined in Subpart I below.

S.C. Code Regs. ch. 61, 61-107, 61-107.19, pt. V, subpt. H