S.C. Code Regs. § ch. 61, 61-107, 61-107.12, pt. IV

Current through Register Vol. 48, No. 34, August 23, 2024

Part IV - General Requirements

A. Closure and Post-Closure Procedures.

Closure and post-closure procedures addressed in this section apply to all solid waste incineration facilities.

1. At least sixty (60) days prior to closure, provide written notice of intent to close and a proposed closure date to the Department. The final quantity of solid waste shall be received no less than thirty (30) days prior to closure date.

2. Upon closing, the owner or operator shall immediately post signs at the facility which state that the facility is no longer in operation.

3. Within thirty (30) days after receiving the final quantity of solid waste, the owner or operator of a conditionally exempt facility shall remove all solid waste and shall remove or treat all waste residues, contaminated soils and equipment. Within thirty (30) days after receiving the final quantity of solid waste, the owner or operator of a permitted facility shall remove all solid waste and shall remove or treat all waste residues, contaminated soils and equipment in accordance with the approved closure plan, and notify the Department upon completion.

4. After receiving notification that the facility closure is complete, the Department will conduct an inspection of the facility. If all procedures have been correctly completed, the Department will approve the closure in writing, at which time the Department permit shall be terminated.

5. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or treated as required in paragraph 3. of this section, then the owner or operator shall submit for Department approval, a post-closure care plan.

B. Financial Assurance Requirements.

1. The requirements of this section apply to all permitted solid waste incineration facilities. Local governments are exempt from this requirement until such time as federal regulations require such local governments or regions to demonstrate financial responsibility for such facilities and the Department promulgates regulations addressing this issue. Prior to accepting wastes, facilities shall fund a financial assurance mechanism acceptable to the Department to ensure the satisfactory maintenance and closure of the facility. The acceptable mechanisms to fund financial assurance requirements are described in R.61-107.19, SWM: Solid Waste Landfills and Structural Fill Part I.E.

2. The amount of financial assurance required shall be based on a third party itemized cost estimate to complete the facility closure plan as approved in the facility permit and the costs for tipping fees and hauling the maximum amount of material that the facility can store at any given time, to a suitable landfill for disposal. The closure cost estimate shall include the costs of labor, equipment, and soil amendments to properly grade and seed the site and the costs for soliciting third party bids to complete the closure. The Department shall use an average cost of disposal per ton of material, as reported in the most recent Solid Waste Management Annual Report.

3. During the active life of the facility, the permittee shall annually adjust the closure cost estimate when the disposal cost estimate increases substantially based on information published in the Solid Waste Management Annual Report.

4. The permittee shall increase the closure cost estimate and the amount of financial assurance provided if changes to the closure plan or site conditions increase the maximum cost of closure at any time during the site's remaining active life.

5. The permittee shall increase the closure cost estimate and the amount of financial assurance provided if a release to the environment occurs to include cost of groundwater monitoring, assessment and corrective action if the Department determines that these measures are necessary at any time during the active life of the facility. Financial assurance shall be maintained and adjusted annually until the Department agrees that environmental conditions meet applicable standards.

6. The permittee may reduce the closure cost estimate and the amount of financial assurance provided for proper closure if the cost estimate exceeds the maximum cost of closure at any time during the remaining life of the facility. The permittee shall submit justification for the reduction of the closure cost estimate and the amount of financial assurance to the Department for review and approval.

7. The registrant or permittee shall provide continuous coverage for closure until released from financial assurance requirements, pursuant to this regulation.

8. Default by Permittee. The Department may take possession of a financial assurance fund if the permittee fails to:

a. Complete closure in accordance with the Department approved facility closure plan;

b. Complete corrective action; or,

c. Renew or provide alternate acceptable financial assurance as required.

9. Prior to taking possession of financial assurance funds, the Department shall:

a. Issue a notice of violation or order alleging that the permittee has failed to perform closure in accordance with the closure plan or permit requirements; and,

b. Provide the permittee seven (7) days prior notice and an opportunity for a hearing.

C. Personnel Training Requirements. Solid waste incineration facility personnel training programs pursuant to these regulations, shall at a minimum:

1. Identify the positions which will require training and a knowledge of the procedures, equipment, and processes at the facility;

2. Describe how facility personnel will be trained to perform their duties in a way that ensures the facility's compliance with these regulations, including the proper procedures that shall be followed in the processing and handling of solid waste not authorized by the Department to be received at the facility;

3. Be designed to ensure that facility personnel are able to respond effectively to all emergencies, including different types of fires, by familiarizing them with the contingency plan, emergency and safety equipment, emergency procedures and emergency systems; and,

4. Documentation of training. The following records of training shall be maintained at the facility:

a. The job title for each position at the facility related to solid waste management and the name of the employee filling each job;

b. A written job description for each position listed under paragraph 4.a. of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;

c. A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph 4.a. of this section; and,

d. Records that document the training or job experience required under this section that has been given to, and completed by, facility personnel.

5. Training records on current personnel shall be kept until closure of the facility; training records on former employees shall be kept for at least three (3) years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

D. Ash Residue Requirements. Permanently located air curtain incinerators are exempt from the requirements of this section. However, the ash from these facilities shall be properly disposed immediately after removal from the incinerator.

1. Sampling and Analysis Requirements and Procedures.

a. Ash residue generated by a solid waste incinerator shall be sampled and analyzed according to the current Environmental Protection Agency (EPA) acceptable methodology for determining the hazardous nature of the ash being disposed.

b. The required analyses of all residual ash, shall be performed in accordance with the conditions of the solid waste management facility permit and current solid waste management regulations. The analyses shall be performed separately on the bottom ash and the fly ash, unless the bottom ash and fly ash are combined, in which case the combined ash shall be sampled and analyzed.

c. At a minimum, the ash residue at a new incineration facility shall be sampled and analyzed:

(1) Prior to the initial disposal of ash from the facility;

(2) Monthly for the first six (6) months of incineration operations at the facility;

(3) Semi-annually during the remaining life of the facility; and,

(4) At any time there is a change in the waste stream being incinerated.

d. At a minimum, the ash residue at an existing incineration facility shall be sampled and analyzed semi-annually.

e. If the Department deems necessary, more stringent sampling and analysis may be required.

f. A sampling and analysis plan shall be submitted to and approved by the Department, along with the ash residue management plan that identifies both the sample collection and analytical protocols that must be used to obtain representative samples of ash residue.

g. All analyses performed pursuant to this section shall be conducted by a laboratory certified by the Department.

h. The results of all such analyses shall be submitted to the Department no later than sixty (60) days after testing. Records shall be maintained at the facility for a period not less than five (5) years, and be available to Department personnel upon request.

2. Contents of the Ash Management Plan.

a. Prior to the construction and/or operation of a solid waste incinerator, an ash residue management plan shall be submitted to and approved by the Department.

b. The ash residue management plan shall describe the methods, equipment, and structures necessary to prevent the uncontrolled dispersion of ash residue considering potential pathways of human or environmental exposure including, but not limited to, inhalation, direct contact, and potential for groundwater and surface water contamination.

c. The ash residue management plan shall address the handling, storage, transportation, treatment, and disposal or reuse or recycling of ash residue as described in this section.

d. Handling. The owner and/or operator shall design, construct, operate, and maintain ash handling systems that ensure that ash residue (whether bottom ash, fly ash or combined ash) is properly wetted or contained to ensure that dust emissions are controlled during on-site and offsite storage, loading, transport, and unloading. The ash residue shall be wet enough so the surface of the ash remains damp after unloading at a landfill.

e. Storage.

(1) The owner and/or operator shall provide sufficient on-site ash residue storage capacity to ensure that facility operations continue during short term interruptions of ash residue transportation and/or disposal. The quantity of residue stored on-site shall be limited to no more than seven (7) times the daily design output.

(2) Residue stored on-site may be either:

(a) Stored in watertight, leak resistant containers located inside a building or enclosed structure. Prior to storage, free liquid shall be allowed to drain from the ash residue. Liquid drained during this process shall be collected and disposed in an approved waste water disposal system. Loaded containers may be stored outside of a building or enclosed structure if all free-liquid has been drained and the container is sealed and covered to prevent rain water infiltration or airborne emissions; or,

(b) Stored on-site in a waste pile which is located in an enclosed structure. The residue shall be placed on an impermeable base. A runoff management system shall be provided to collect and control the free liquid that is allowed to drain from the ash residue.

f. Transportation. Ash residue shall be drained of free liquid prior to transport. Ash residue transportation containers or vehicles shall be watertight and leak resistant and shall be designed and constructed such that any closures at or near the bottom are sealed to prevent leakage under normal transportation conditions. Closures shall be fitted with gaskets or materials that will not be deteriorated by the ash. The transport vehicle shall be enclosed or covered to prevent the top surface of the load from becoming dried. Provisions shall be made to wash vehicle tires and/or body to prevent ash from tracking onto roadways.

g. Disposal. Disposal of all ash generated by the facility shall be in accordance with standards set forth by Department regulations.

h. Reuse or Recycling. This section applies to ash residue in the form of bottom ash only, fly ash only, or combined ash that is proposed to be reused or recycled as an ingredient or as a substitute for a raw material.

(1) The owner and/or operator shall demonstrate to the Department's satisfaction that the resulting material: has a known market or disposition; and, that contractual arrangements have been made with a second person for use as an ingredient in a production process and that this person has the necessary equipment to do so.

(2) The owner and/or operator shall also:

(a) Chemically and physically characterize the ash residue and each finished product or products and identify the quantity and quality to be marketed;

(b) Describe the proposed method of application or use, available markets and marketing agreements;

(c) Demonstrate that the intended use will not adversely affect the public health, safety, welfare and the environment;

(d) If the use of the ash residue includes the mixing with different types of materials, a description of each product mixture shall be provided; and,

(e) Provide the Department with a copy of any information regarding the reuse or recycling of ash residue.

(3) The reuse or recycling of ash residue does not relieve the owner and/or operator from compliance with other monitoring requirements specified in this regulation.

E. Corrective Action Requirements. If at any time, the Department determines that the solid waste incineration facility poses an actual or potential threat to human health or the environment, the owner or operator shall implement a corrective action program reviewed and approved by the Department.

F. Violations and Penalties. A violation of this regulation or violation of any permit, order, or standard subjects the person to the issuance of a Department order, or a civil or criminal enforcement action in accordance with Code Section 44-96-450. In addition, the Department may impose reasonable civil penalties not to exceed ten thousand dollars ($10,000.00) for each day of violation of the provisions of this regulation, including violation of any order, permit, or standard.

G. Permit Review. A permit issued pursuant to this regulation shall be effective for the design and operational life of the facility, to be determined by the Department. At least once every five (5) years, the Department will review the environmental compliance history of each permitted solid waste incineration facility.

1. If, upon review, the Department finds that material or substantial violations of the permit issued pursuant to these regulations, demonstrate the permittee's disregard for, or inability to comply with applicable laws, regulations, or requirements and would make continuation of the 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.

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

a. There is 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;

b. 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,

c. The amendment is necessary to meet changes in applicable regulatory requirements.

H. Severability. Should any section, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of this regulation shall not be affected thereby.

S.C. Code Regs. ch. 61, 61-107, 61-107.12, pt. IV

Replaced and amended by State Register Volume 40, Issue No. 06, eff. 6/24/2016.