S.C. Code Regs. § § 61-79.260.C.41

Current through Register Vol. 48, 12, December 27, 2024

Section 61-79.260.C.41 - Procedures for case-by-case regulation of hazardous waste recycling activities

The Department will use the following procedures when determining whether to regulate hazardous waste recycling activities described in R.61-79.261.6(a)(2)(iii)(a)(2)(iii)under the provisions of R.61-79.261.6 (b) and (c), rather than under the provisions of subpart F of R.61-79.266.

(a) If a generator is accumulating the waste, the Department will issue a notice setting forth the factual basis for the decision and stating that the person must comply with the applicable requirements of subparts A, C, D, and E of R.61-79.262. The notice will become final within thirty (30) days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the Department will hold a public hearing. The Department will provide notice of the hearing to the public and allow public participation at the hearing. The Department will issue a final order after the hearing stating whether or not compliance with part 262 is required. The order becomes effective 30 days after service of the decision unless the Department specifies a later date or unless review by the Department is requested. The order may be appealed to the Department by any person who participated in the public hearing. The Department may choose to grant or to deny the appeal. Final Department action occurs when a final order is issued and Department review procedures are exhausted.

(b) If the person is accumulating the recyclable material as a storage facility, the notice will state that the person must obtain a permit in accordance with all applicable provisions of R.61-79.270 and R.61-79.124. The owner or operator of the facility must apply for a permit under these regulations within no less than 60 days and no more than six months of notice, as specified in the notice. If the owner or operator of the facility wishes to challenge the Department's decision, he may do so in his permit application, in a public hearing held on the draft permit, or in comments filed on the draft permit or on the notice of intent to deny the permit. The fact sheet accompanying the permit will specify the reasons for the Department's determination. The question of whether the Department's decision was proper will remain open for consideration during the public comment period discussed under 124.11 of this chapter and in any subsequent hearing.

S.C. Code Regs. § 61-79.260.C.41

Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.