S.C. Code Regs. § 61-107.18.E

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

Section 61-107.18.E - Technical Review and Design Requirements

The Department's technical review of the permit application will involve the documents addressed in this section. All soil treatment facilities shall meet the criteria established in this section.

1. Siting Requirements.

a. Engineering Plans and Reports. The engineering plans and reports, pursuant to Section D.1.i. of this regulation, shall include the following documents:

(1) A site plan of the facility layout on a scale of not greater than two hundred (200) feet per inch clearly identifying conditions at the site. This plan shall at a minimum identify the following items:

(a) Identified on plan as "existing": property boundaries and all existing site conditions to be utilized in the operation of the soil treatment facility including, but not limited to, structures, access roads, on-site roads, parking areas, loading and unloading areas, soil storage areas, processing areas, fences, and gates; and

(b) Identified on plan as "proposed": all proposed site conditions that will be constructed including, but not limited to, structures, access roads, loading and unloading areas, soil storage areas, processing areas, fences, and gates; and,

(2) A location map that shows the location of all residences, schools, churches, day-care centers, hospitals, publicly owned recreational park areas, drinking water wells, monitoring wells, injection wells, roads, surface water bodies, dry runs, wetlands, the 100-year flood plain boundaries, and other applicable details regarding the general topography of the site and adjacent properties within one-fourth ( 1/4 ) mile of the proposed site's property line.

b. Depending on conditions defined in Items E.1.a.

(1)

(a) and (b), and E.1.a. (2) above, the Department may require additional hydrogeological investigation prior to permit approval.

c. Site Standards. The site for a new soil treatment facility or expansion of an existing facility shall meet the standards outlined below, unless otherwise approved by the Department. Compliance with these standards shall be demonstrated in the engineering plans and reports referenced in Section E.1.a. of this regulation.

(1) A soil treatment facility located in a 100-year floodplain shall not restrict the flow of the 100-year flood as demonstrated on a 100-year flood plain map.

(2) A soil treatment facility shall be in compliance with the U.S. Army Corps of Engineers and the U. S. Environmental Protection Agency requirements concerning wetlands, where applicable.

(3) The soil treatment and storage area boundaries, as identified in the location map, shall not be located within:

(a) One hundred (100) feet of any property line;

(b) Two hundred (200) feet of any residence, school, church, day-care center, hospital or publicly owned recreational park area;

(c) Two hundred (200) feet of any surface water body which holds visible water for greater than six (6) consecutive months, excluding drainage ditches, sedimentation ponds and other operational features on the site; and,

(d) One hundred (100) feet of any drinking water well.

2. Facility Layout Requirements/Design Criteria.

a. Engineering Plans and Reports. The engineering plans and reports, pursuant to Section D.1.i. of this regulation, shall, at a minimum, include the following:

(1) All pertinent engineering drawings, on a scale no greater than one (1) foot per quarter inch, that identify and distinguish all existing and proposed construction of items (a) & (b) listed immediately below. Representative cross sections shall be used to show compliance with these requirements.

(a) The treatment process; and,

(b) The entire soil treatment facility, including, but not limited to, loading/unloading area(s), in-coming contaminated soil storage area(s), out-going treated soil storage area(s), soil processing area(s), impermeable floor, containment system(s), alarm system, fire fighting system, and leachate control system, if applicable.

(2) Technical details and specifications necessary to support the engineering drawings and operation plans for the facility including, but not limited to:

(a) A general operating plan including, but not limited to, a description of the methods of keeping all incoming shipments of contaminated soil segregated, the types and maximum quantity of contaminated soil to be accepted on a yearly basis, the storage areas for in-coming contaminated and out-going treated soil, the method(s) of preventing releases to the environment, and the measures taken to prevent unauthorized dumping and access.

(b) A plan for handling process waste water generated by the facility, if appropriate.

(c) A description of the treatment process. This detailed description shall, at a minimum, specify the methodology of the process to address how each of the following criteria impacts the process:

(i) Temperature(s)

(ii) Concentrations of contaminants

(iii) Microorganism activity

(iv) Nutrients--including oxygen

(v) Physical adjustments (mixing, tilling, etc.)

(vi) Moisture

(vii) pH adjustments

(viii) Soil characteristics

(ix) Concentrations of chemicals added

(x) Process by-product(s), and

(xi) Any other criteria applicable to the process to be used.

(d) A soil screening plan to ensure that the facility accepts only properly characterized soil that it is permitted to treat, and removes only the soil from the soil treatment facility that has been tested and meets the standards set forth in this plan. This portion of the plan shall, at a minimum, specify the following:

(i) The criteria from which determinations are made on whether to accept or reject contaminated soil;

(ii) The procedure and time frame that will be used to verify that waste profile sheets provided by the generator match all shipments of soil;

(iii) The procedure and time frame that will be taken if an incoming shipment of contaminated soil does not match the waste profile sheet provided by the generator including, but not limited to, a description of how the shipment will be managed and stored or removed based on the type waste;

(iv) The criteria used to determine whether the shipment of treated soil meets the standards for removal from the soil treatment facility;

(v) The procedure for the proper handling, storage, and removal of all treated soil; and,

(vi) Analytical procedures and protocols.

(e) Upon receipt of a petition, the Department may consider sampling reduction based on consistent demonstration of treatment results. The petition shall include technical justification and a proposed alternate sampling plan. Upon approval by the Department in writing, the facility's permit will be amended to reflect the change in sampling frequency and the new sampling plan may be implemented.

(f) A contingency plan that describes a technically and financially feasible course of action to be taken in response to contingencies during the operation of the facility. This plan shall set forth procedures to be employed during periods of non-operation, e.g., equipment breakdown which may require standby equipment, extension of operation hours, or diversion of shipments to other facilities. The plan shall be designed to minimize hazards to human health and the environment from fires, explosions, or any unplanned sudden or non-sudden release of potentially harmful constituents to air, soil or surface water.

(g) A detailed closure plan which shall identify the steps necessary to close the facility. It shall identify the components at the facility that will remain in-place and those that will be removed. The plan shall be amended whenever changes in operating plans or facility design effect the closure plan. The plan shall address the satisfactory maintenance, closure and post-closure care, monitoring and/or corrective action, if appropriate.

(h) A plan for training personnel to perform their duties in a way that ensures the facility's compliance with this regulation and their health and safety.

b. Design Standards. Unless otherwise approved by the Department, all soil treatment facilities shall be designed in accordance with the following standards:

(1) Access to the facility shall be controlled through the use of fences, gates, berms, natural barriers, or other means to prevent unauthorized dumping and access;

(2) Contaminated soil awaiting processing shall be completely contained from the outside environment and shall be:

(a) Placed only on an impermeable surface, e.g., sealed concrete;

(b) Stored in such a manner as to prevent releases to the environment; and,

(c) Covered with either a structure or an impermeable cover.

(3) The Department may require the process area to be covered and containment barriers installed based on the technology approved. During processing, soil shall be:

(a) Placed only on an impermeable surface, e.g., sealed concrete; and,

(b) Maintained in such a manner as to prevent releases to the environment.

c. Operation Standards.

(1) The facility shall be operated and maintained in a manner which will protect the established water quality standards of the surface and ground waters, and the air quality standards.

(2) Dust, odors, fire hazards, litter and vectors shall be effectively controlled so they do not constitute nuisances or hazards.

(3) Personnel Training. The personnel training program shall at a minimum:

(a) Identify positions that will require training and a knowledge of the procedures, equipment, and processes at the facility;

(b) Instruct facility personnel in how to perform their duties in a way that ensures the facility's compliance with this regulation, including the proper procedures for handling unauthorized solid waste;

(c) Instruct facility personnel in the proper responses to all emergencies and require employees to become familiar with the contingency plan, emergency and safety equipment, emergency procedures and emergency systems; and,

(d) Document employee training. This documentation shall be maintained at the facility for all employees. Documentation of training shall include the following:

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

(ii) A written job description for each position including the requisite skill, education or other qualifications, and duties of employees assigned to each position;

(iii) A written description of the type and amount of both introductory and continuing training that will be given to each employee; and,

(iv) Records that document the training and/or job experience completed by each employee. Training records for each employee shall be maintained at the facility for a minimum of three (3) years for all current personnel.

(4) Soil containing non-compatible contaminants shall not be mixed during processing.

(5) Any contaminated soil received that is not acceptable for treatment, based on the facility's permit, shall be removed from the facility within ten (10) days of receipt in accordance with an approved contingency plan. Should the facility receive known or suspected hazardous wastes, a representative of the facility shall call the appropriate Department EQC District Office within twenty-four (24) hours of receipt.

(6) A waste profile sheet shall be provided with each soil shipment received by the soil treatment facility.

(7) Leachate and washwater from a soil treatment facility, including soil storage areas, shall not be allowed to drain or discharge into waters of the State unless an effluent disposal permit, i.e., National Pollutant Discharge Elimination System (NPDES), No Discharge (ND), or Underground Injection Permit, has been granted by the Department.

(8) Treated soil stored outside shall be managed in such a manner as to comply with S.C. Regulation Regulation 61-9, Water Pollution Control Permits and the NPDES General Permit issued pursuant to Regulation Regulation 61-9, as amended.

(9) A construction permit from the Department's air program shall be required for the storage or processing of any soil that may cause the release of any regulated air pollutant unless an exemption is granted pursuant to S.C. Regulation Regulation 61-62.1. II.A, Air Pollution Control Regulations and Standards.

(10) Treated soils for restricted use shall be stored on a covered, nonporous surface.

(11) Emergency Preparedness. In addition to requirements set forth in the contingency plan, all soil treatment facilities shall, at a minimum:

(a) Provide access to fire equipment and make provisions for availability of local fire-fighting services;

(b) Be equipped with a device, e.g., telephone or hand held two-way radio, at the scene of operations capable of summoning emergency assistance from local police departments, fire departments, and State or local emergency response teams;

(c) Be equipped with portable fire extinguishers and other fire control equipment; and,

(d) Ensure that facility personnel are trained 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.

(12) Signs. Signs shall be posted and maintained in conspicuous places which:

(a) Identify the owner, operator, or a contact person and telephone number in case of emergencies and the hours during which the facility is open for business;

(b) Identify that the facility is a soil treatment facility; and,

(c) Identify the valid DHEC Solid Waste Permit Number for the soil treatment facility.

(13) Financial Assurance. Prior to accepting contaminated soil, soil treatment facilities shall fund a financial responsibility mechanism acceptable to the Department to ensure the satisfactory maintenance, closure and post-closure care. A final closure cost estimate, based on third party costs to complete closure by disposing of the maximum quantity of material at a facility, shall be calculated annually and adjusted annually, as necessary. 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.

S.C. Code Regs. 61-107.18.E