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

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

Subpart J - Permit Conditions and Permit Review

1. Application forms for permits shall be provided by the Department and shall be submitted with sufficient detail to support a judgment that operation of the disposal system will not violate the laws and regulations of the State of South Carolina. The application shall be signed by the permittee of the Class Three landfill. The approved application and associated plans and drawings shall be an enforceable part of the permit. Permits shall be effective for the design and operational life of the facility.

2. Prior to issuance of a permit for major modifications, as determined by the Department, and for new construction, the Department will make the draft permit available for public review and comment pursuant to Part I, Section D of this regulation.

3. The Department shall review the permit for each Class Three landfall at least once every five years, unless otherwise specified by the Department. Upon notification from the Department, the landfill shall submit to the Department a topographic survey map of the site that shows the contours at the beginning and the end of the period since the last permit review.

a. If, upon review, the Department finds that material or substantial violations of the permit demonstrate the permittee's disregard for, or inability to comply with, applicable laws, regulations, or requirements, and would make continuation of this permit not in the best interests of human health and safety or the environment, the Department may, after a hearing, amend or revoke the permit, as appropriate and necessary. When a permit is reviewed, the Department shall include additional limitations, standards, or conditions when the technical limitations, standards, or regulations on which the original permit was based have been changed by statute or amended by regulation.

b. The Department may amend or attach conditions to a permit when:

(1) There is a significant change in the manner and scope of operation which may require new or additional permit conditions or safeguards to protect human health and safety and the environment;

(2) The investigation has shown the need for additional equipment, construction, procedures, and testing to ensure the protection of human health and safety and the environment; and,

(3) The amendment is necessary to meet changes in applicable regulatory requirements.

4. Any permits issued pursuant to this regulation shall not be valid after a period of twelve (12) months from the effective date of the permit, if construction of the facility has not begun by the end of this period unless granted a variance by the Department.

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