S.C. Code Regs. § § 61-79.268.A.1

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

Section 61-79.268.A.1 - Purpose, scope and applicability

(a) This part identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.

(b) Except as specifically provided otherwise in this regulation or R.61-79.261, the requirements of this regulation apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.

(c) Restricted wastes may continue to be land disposed as follows:

(1) Where persons have been granted an extension to the effective date of a prohibition pursuant to R.61-79.268 Subpart C or Section268.5, with respect to those wastes covered by the extension;

(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section268.6, with respect to those wastes and units covered by the petition; or

(3) [Reserved]

(4) Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this part, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in 268.40, or are D003 reactive cyanide:

(i) The wastes are managed in a treatment system which subsequently discharges to waters of the U.S. pursuant to a permit issued under sectionR.61-9 and R.61-68; or

(ii) The wastes are treated for purposes of the pretreatment requirements of sectionR.61-9 and R.61-68; or

(iii) The wastes are managed in a zero discharge system engaged in Clean Water Act equivalent treatment as defined in 268.37(a); and

(iv) The wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).

(d) The requirements of this part shall not affect the availability of a waiver under section121(d)(4)(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). (amended 11/90)

(e) The following hazardous wastes are not subject to any provision of part 268:

(1) Wastes generated by very small quantity generators, as defined in R.61-79.260.10;

(2) Waste pesticides that a farmer disposes of pursuant to 262.70;

(3) Wastes identified or listed as hazardous after November 8, 1984 for which EPA has not promulgated land disposal prohibitions or treatment standards (amended 11/90).

(4) De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one per cent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility; (added 12/93; revised 5/96)

(5) [Reserved]

(f) Universal waste handlers and universal waste transporters (as defined in 260.10) are exempt from 268.7 and 268.50 for the hazardous wastes listed below. These handlers are subject to regulation under part 273.

(1) Batteries as described in 273.2;

(2) Pesticides as described in 273.3;

(3) Mercury-containing equipment as described in 273.4;

(4) Lamps as described in 273.5; and

(5) Aerosol cans as described in 273.6 of this chapter.

S.C. Code Regs. § 61-79.268.A.1

Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 31, Issue No. 6, eff June 22, 2007; State Register Volume 43, Issue No. 05, eff. 5/24/2019; State Register Volume 45, Issue No. 05, eff. 5/28/2021.