S.C. Code Regs. § 61-107.19.I.D

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

Section 61-107.19.I.D - Permit Application Process

1. Determination of Need and Consistency.

a. Prior to submittal of a permit application to the Department for a new or expanded Class Two or Class Three Landfill, the applicant shall provide documentation of property ownership (e.g., tax map or deed) or proof of property control (e.g., contract) and request the following determinations by the Department:

(1) That there is a need for the proposed landfill or landfill expansion pursuant to Regulation Regulation 61-107.17 and that the Department has determined the maximum yearly disposal rate pursuant to Regulation 61-107.17;

(2) That the proposed landfill or landfill expansion is consistent with the State and county/region solid waste management plans pursuant to S.C. Section 44-96-290(F);

(3) That the proposed landfill or landfill expansion is consistent with local zoning, land use, and any other applicable ordinances pursuant to S.C. Code Section 44-96-290(F);

(4) That the proposed landfill or landfill expansion meets the buffer requirements set forth in Part IV, B.1.a. of this Regulation for Class Two landfills and Part V, Subpart B.258.18.a. of this Regulation for class Three landfills;

b. Where, prior to the effective date of this regulation, the Department has made determinations required under Part I.D.1.a. of this regulation, such determinations shall remain applicable and become the agency's final determination under Part I.D.1, subject to the appeal provision in Part I.D.1.c and the subsequent public notice and application process.

c. A Department decision involving a determination listed herein, may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1; and Title 1, Chapter 23.

2. Public Notification and Participation.

a. Notice of Intent to File a Permit Application.

(1) Within 15 days of notification from the Department that all requests for need and consistency determinations as outlined in Section D.1.a. above have been submitted to the Department for a new or expanding Class Two or Class Three Landfill, the applicant shall publish Notice of Intent to File a Permit Application in a newspaper of general circulation in the area of the proposed landfill project. The notice shall be published in the legal section of the paper for three consecutive days. This section does not apply to major permit modifications that are not expansions of an existing landfill.

(2) The notice shall contain at least the following:

(a) Name and address of the applicant;

(b) The location of the proposed landfill or landfill expansion to include the county, roads and crossroads;

(c) The town or community nearest to the proposed landfill or landfill expansion;

(d) The proposed size of the landfill or landfill expansion, i.e., footprint acreage;

(e) An explanation of the type(s) of waste that will be accepted;

(f) A statement that a request has been submitted to the Department for a determination that there is a need for the proposed landfill or landfill expansion pursuant to Regulation Regulation 61-107.17 and for a determination of the maximum yearly disposal rate pursuant to Regulation 61-107.17;

(g) A statement that a request has been submitted to the Department for a determination that the proposed landfill or landfill expansion is consistent with the State and county/region solid waste management plans pursuant to S.C. Section 44-96-290(F);

(h) A statement that a request has been submitted to the Department for a determination that the proposed landfill or landfill expansion is consistent with local zoning, land use, and any other applicable ordinances pursuant to S.C. Code Section 44-96-290(F);

(i) A statement that a request has been submitted to the Department for a determination that the proposed landfill or landfill expansion meets the buffer requirements set forth in Part IV, B.1.a. of this Regulation for Class Two landfills and Part V, Subpart B.258.18.a. of this Regulation for Class Three landfills;

(j) Department locations (Central Office and appropriate Regional Office) where a copy of these documents can be viewed during normal working hours; and,

(k) The Department's address and contact name for submittal of inquiries and placement of name on the Department's mailing list for future decisions.

(3) No permit application may be accepted by the Department for filing unless accompanied by documentation from the newspaper that publication has been made.

(4) No later than the first date of publication in the newspaper, the applicant shall mail a copy of the Notice of Intent to File a Permit Application by certified mail, return receipt requested, to all adjoining landowners of the proposed landfill or landfill expansion.

b. Notice of Draft Determinations of Need and Consistency Under Section D.1.a. Above.

(1) For Class Two and Class Three landfills, the Department will publish a notice when the draft determinations are ready for review for all new or expanded landfills. This notice will be published in a newspaper of general circulation in the area of the proposed landfill and sent to affected persons who have asked to be notified. The notice will list locations where a copy of the draft determinations can be reviewed. The public will have a 30-day period to review the draft determinations and submit comments to the Department, pursuant to the Administrative Procedures Act, SC Code Section 1-23-10 et seq.

(2) Public Hearings for Draft Determinations.

(a) The Department will conduct a public hearing upon receipt of requests in writing by ten (10) persons or by a governmental subdivision or agency or by an association having not less than ten members.

(b) A request for a public hearing must be mailed (postmarked) to the Department during the 30 day comment period and shall be based on technical reasons relating to siting, design, or operation of the landfill. The Department will send a notice acknowledging receipt of a request for a public hearing to the applicant and to the person(s) requesting a hearing within 15 days following receipt of the request. The Department will publish a notice of the time, date, and location of the hearing.

(3) Notice of Department Determinations. After close of the public comment period on the draft determination and the public hearing, if held, the Department will issue a Department Decision. Notice of the Department Decision will be sent by certified mail, return receipt requested, to the applicant. Notice of the Department's decision will be sent by regular mail, unless certified mail is requested, to affected persons who have asked to be notified, to all persons who commented in writing to the Department, and to all persons who attended the public hearing, if held. However, if the Department determines that members of the same group or organization have submitted comments or a petition, the Department may only notify all group leaders and petition organizers by certified mail, return receipt requested. The Department will ask these leaders and organizers to notify members of their groups or any concerned citizens who signed the petitions. The Department will also publish notice of the Department Decision in a newspaper of general circulation in the area of the proposed activity. The Department's notice will include instructions on how to request a final review conference and the time frame for filing such a request.

c. Notice of Filing Permit Application.

(1) Notice of all applications submitted to the Department for the initial construction and major modifications of Class Two and Class Three landfills shall be published by the applicant once in a newspaper of general circulation in the area of the proposed landfill project. Notice for Class Two landfill application shall be published as provided in Part IV, Section H.3. Notice for new Class Three landfills that accept municipal solid waste shall be published as provided in S. C. Code Section 44-96-470 and Part V, Subpart H.3.a. of this regulation within 15 days of filing the permit application. Notice for all other new Class Three landfills shall be published as provided in Part V, Subpart H.3.b.

(2) All notices shall contain the following:

(a) Name and address of the applicant;

(b) The location of the proposed activity to include the county, roads and crossroads. (Class Three landfills shall provide a location map of the proposed site);

(c) The nature of the proposed activity;

(d) A description of the proposed site or a description of the proposed major modification;

(e) An explanation of the type(s) of waste that will be accepted;

(f) Department locations (Central Office and appropriate Regional Office) where a copy of the permit application or draft permit, as appropriate, can be viewed during normal working hours;

(g) The Department's address and contact name for submittal of comments and inquires;

(h) The approximate tonnage/year expected for disposal at the landfill; and,

(i) The proposed life of the landfill.

(3) The Department will send a notice of receipt of the permit application by regular mail to all adjoining landowners of the proposed landfill.

d. Public notification requirements for Class One landfills are defined in Part III, Section B.4.

e. Notice of Draft Permit. For Class Two and Class Three landfills, the Department will publish a notice when the draft permit is ready for review for all new landfills and for major modifications as determined by the Department. This notice will be published in a newspaper of general circulation in the area of the proposed landfill and will be sent to affected persons who have asked to be notified. The notice will list locations where a copy of the draft permit can be reviewed. The public will have a 30-day period to review the draft permit and submit comments to the Department, pursuant to the Administrative Procedures Act, SC Code Section 1-23-10 et seq.

f. Public Hearings for Draft Permits.

(1) The Department will conduct a public hearing upon receipt of requests in writing by ten (10) persons or by a governmental subdivision or agency or by an association having not less than ten members.

(2) A request for a public hearing must be mailed (postmarked) to the Department during the 30 day comment period and shall be based on technical reasons relating to siting, design, or operation of the landfill. The Department will send a notice acknowledging receipt of a request for a public hearing to the applicant and to the person(s) requesting a hearing within 15 days following receipt of the request. The Department will publish a notice of the time, date, and location of the hearing.

g. Notice of Department Decision on the Permit. After close of the public comment period on the draft permit and the public hearing, if held, the Department will issue a Department Decision. Notice of the Department Decision will be sent by certified mail, return receipt requested, to the applicant. Notice of the Department's decision will be sent by regular mail, unless certified mail is requested, to affected persons who have asked to be notified, to all persons who commented in writing to the Department, and to all persons who attended the public hearing, if held. However, if the Department determines that members of the same group or organization have submitted comments or a petition, the Department may only notify all group leaders and petition organizers by certified mail, return receipt requested. The Department will ask these leaders and organizers to notify members of their groups or any concerned citizens who signed the petitions. The Department will also publish notice of the Department Decision in a newspaper of general circulation in the area of the proposed activity. The Department's notice will include instructions on how to request a final review conference and the time frame for filing such a request.

S.C. Code Regs. 61-107.19.I.D