S.C. Code Regs. § § 61-79.268.A.4

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

Section 61-79.268.A.4 - Treatment surface impoundment exemption

(a) Wastes which are otherwise prohibited from land disposal under this part may be treated in a surface impoundment or series of impoundments provided that: (amended 11/90)

(1) Treatment of such wastes occurs in the impoundment;

(2) The following conditions are met: (amended 11/90)

(i) Sampling and testing. For wastes with treatment standards in subpart D and/or prohibition levels in subpart C or RCRA section3004(d)(d), the residues from treatment are analyzed, as specified in 268.7 or 268.32, to determine if they meet the applicable treatment standards or where no treatment standards have been established for the waste, the applicable prohibition levels. The sampling method, specified in the waste analysis plan under 264.13 or 265.13, must be designed such that representative samples of the sludge and the supernatant are tested separately rather than mixed to form homogeneous samples.

(ii) Removal. The following treatment residues (including any liquid waste) must be removed at least annually: residues which do not meet the treatment standards promulgated under subpart D of this part; residues which do not meet the prohibition levels established under subpart C of this part or imposed by statute (where no treatment standards have been established); residues which are from the treatment of wastes prohibited from land disposal under subpart C of this part (where no treatment standards have been established and no prohibition levels apply); or residues from managing listed wastes which are not delisted under 260.22. If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purpose of this requirement.

(iii) Subsequent management. Treatment residues may not be placed in any other surface impoundment for subsequent management.

(iv) Recordkeeping: Sampling and testing and recordkeeping provisions of 264.13 and 265.13 of this chapter apply.

(3) The impoundment meets the design requirements of 264.221(c) or 265.221(a), regardless that the unit may not be new, expanded, or a replacement, and be in compliance with applicable groundwater monitoring requirements of subpart F of Part 264 or 265 unless: (amended 11/90)

(i) Exempted pursuant to 264.221 (d) or (e) of this chapter, or to 265.221(c) or (d) of this chapter; or

(ii) Upon application by the owner or operator, the Department, after notice and an opportunity to comment, has grated a waiver of the requirements on the basis that the surface impoundment:

(A) Has at least one liner, for which there is no evidence that such liner is leaking;

(B) Is located more than one-quarter mile from an underground source of drinking water; and

(C) Is in compliance with generally applicable groundwater monitoring requirements for facilities with permits; or,

(iii) Upon application by the owner or operator, the Department, after notice and an opportunity to comment, has granted a modification to the requirements on the basis of a demonstration that the surface impoundment is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

(4) The owner or operator submits to the Department a written certification that the requirements of 268.4(a)(3) have been met and submits a copy of the waste analysis plan required under 268.4(a)(2). The following certification is required: (amended 11/90)

I certify under penalty of law that the requirements of 268.4

(a)(3) have been met for all surface impoundments being used to treat restricted wastes. I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

(b) Evaporation of hazardous constituents as the principal means of treatment is not considered to be treatment for purposes of an exemption under this section. (amended 11/90)

S.C. Code Regs. § 61-79.268.A.4

Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999.