S.C. Code Regs. § § 61-86.1.XVI

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

Section 61-86.1.XVI - STANDARDS FOR DEMOLITIONS

A. Applicability.

The requirements of this Section shall apply to the owner/operator of a facility to be demolished.

B. Notification/Application.

1. Each owner/operator of a demolition to which this Section applies shall:

a. Submit to the Department a written DHEC demolition application at least ten working days in advance of the proposed demolition start date.

b. Delivery of the application shall be by U.S. Postal Service, commercial delivery service, by hand or by other methods deemed acceptable by the Department.

c. Acceptable methods of payment shall be by check or money order made payable to SCDHEC, credit card (VISA, MasterCard, or Discover), and cash.

d. Submit a written demolition project license application for each separate facility that includes all information required on the application form.

e. Submit a complete, legible copy of the building inspection report, which must be less than three years old, for each facility to be demolished.

2. Obtain an asbestos demolition license for any facility, regardless of whether the required building inspection indicates the presence of ACM.

3. When a demolition will begin on a date earlier than the previously-notified start date, the facility owner/operator shall provide the Department with a written notification of the new start date at least ten working days prior to the previously-notified demolition start date.

4. The owner/operator of a demolition operation covered by this section shall:

a. Notify the Department by telephone no later than the original start date when the demolition will begin on a date later than the previously-notified start date.

b. Provide the Department with a revised written application of the new start date no later than the previously-notified start date.

c. Provide the Department with a revised written notification/application immediately when any information pertaining to the demolition project changes, including but not limited to, the start and/or completion date, the demolition contractor, or the landfill.

5. Any facilities being demolished under order of a State or local government agency because the facility is structurally unsound, in imminent danger of collapse, and is a threat to public health or safety may be exempt from the ten-working day notification requirement. However, the owner/operator shall submit a complete demolition license application and written justification documents to the Department for approval prior to commencing the demolition activities.

a. The application shall include all of the following information:

(1) Indication whether the notification is an original, revision, or cancellation;

(2) Name, address, and telephone number of the owner/operator;

(3) Indication that demolition is the type of operation;

(4) Description of the facility or affected part of the facility, including the square footage, number of floors, age, and prior, present, and intended use of the facility;

(5) Description of the procedures and analytical methods used to detect the presence of ACM (regulated and nonregulated), date of inspection, and name, address, telephone number, and license number of the building inspector;

(6) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state of the facility being demolished or renovated;

(7) Scheduled starting and completion dates of asbestos renovation or demolition;

(8) Description of planned demolition work to be performed, emission control measure(s) to be employed, and a description of the affected facility or facility components;

(9) Description of the engineering controls and procedures to be used to comply with the work practice requirements of this regulation;

(10) Name and location of the waste disposal site where the regulated asbestos-containing waste material will be deposited. Regulated asbestos-containing waste must be deposited into a landfill approved or permitted to accept asbestos waste;

(11) Description of procedures to be followed in the event that unexpected RACM is found;

(12) Name, address, and telephone number of the waste transporter; and

(13) Printed name and signature of the owner/operator submitting the notification and the date signed.

b. The owner/operator shall submit to the Department a clear, legible copy of the signed order that contains all of the following information along with the completed demolition project application:

(1) The name, title, and authority of the State or local government representative who ordered the demolition;

(2) The date that the order was issued; and

(3) The date on which the demolition was ordered to begin.

C. Removal of ACM prior to Demolition.

1. Any demolition of a structure or portion of a structure that contains structural members or components composed of or covered by ACM shall be preceded by removal of all such materials.

2. All ACM, with the exception of those material referenced in Paragraph E. of this Section, shall be removed in accordance with work practice requirements for applicable NESHAP, small, or minor projects prior to demolition.

D. Air Sampling Procedures.

Air monitoring is not required during a demolition except when necessary due to an extenuating circumstance and/or required by the Department.

E. Exemptions from Removal of ACM prior to Demolition.

The following categories of asbestos-containing materials may be left in place during demolition:

1. ACM on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition.

2. RACM that was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, cannot be safely removed. If not removed for safety reasons, all exposed RACM and any asbestos-contaminated debris must be treated as regulated asbestos-containing waste material.

3. Category I and Category II nonfriable mastic, glue, and adhesive ACM that is not friable or in poor condition, and where the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition operations.

F. Disposal of Demolition Debris.

1. Waste that does not contain asbestos may be disposed of as construction debris at a landfill approved or permitted to accept such waste.

2. The owner/operator shall comply with the requirements of the Disposal Section of this regulation and shall ensure that asbestos-containing or asbestos-contaminated waste materials are not burned or recycled.

G. Project License Fees.

1. A project license is required for every facility that is to be demolished, including those that have been destroyed by fire or those whose required building survey indicates there is no ACM present.

2. The Department shall not issue a project license for a demolition until all requested information has been submitted and reviewed and all applicable fees have been paid.

3. Fees shall not be refunded for projects for which the Department has issued a project license.

4. A project license that has been issued shall automatically become invalid if an instrument of payment is returned for insufficient funds, in which case the licensee shall be subject to enforcement action for operation without a valid license.

S.C. Code Regs. § 61-86.1.XVI