S.C. Code Regs. § 61-107.19.I.F

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

Section 61-107.19.I.F - Permit Applicant Requirements

1. Disclosure. Prior to issuance of a Department permit for Classes One, Two, and Three landfills, a disclosure statement, pursuant to S.C. Code Section 44-96-300 and in a format approved by the Department, shall be submitted to the Department. The Department may accept one disclosure statement for multiple facility permit applicants. This requirement shall not apply if the applicant is a local government or a region comprised of local governments. The disclosure statement shall contain the following information with regard to the applicant and his responsible parties:

a. The full name, business address, and social security number of all responsible parties;

b. A description of the experience and credentials, including any past or present permits or licenses for the collection, transportation, treatment, storage, or disposal of solid waste issued to or held by the applicant within the past five years;

c. A listing and explanation of all convictions by final judgment of a responsible party in a state or federal court, whether under appeal or not, of a crime of moral turpitude punishable by a fine of five thousand dollars ($5,000.00) or more or imprisonment for one year or more, or both, within five years immediately preceding the date of the submission of the permit application;

d. A listing and explanation of all convictions by final judgment of a responsible party in a state or federal court, whether under appeal or not, of a criminal or civil offense involving a violation of an environmental law punishable by a fine of five thousand dollars ($5,000.00) or more or imprisonment for one year or more, or both, in a state or federal court within five years of the date of submission of the permit application;

e. A listing and explanation of the instances in which a disposal facility permit held by the applicant was revoked by final judgment in a state or federal court, whether under appeal or not, within five years of the date of submission of the permit application;

f. A listing and explanation of all adjudications of the applicant for having been in contempt of any valid court order enforcing any federal environmental law or any state environmental law relative to the activity for which the permit is being sought, within five years of the date of submission of the permit application; and,

g. If a responsible party of an applicant is a chartered lending institution or a publicly held corporation reporting under the Federal Securities and Exchange Act of 1934 or a wholly-owned subsidiary of a publicly held corporation reporting under the Federal Securities and Exchange Act of 1934, the information required under S.C. Code Section 44-96-300(A)(6), such responsible party shall submit to the Dept. reports covering its structure and operations as required by the chartering body or the Federal Securities and Exchange Commission. The Department is authorized to require a responsible party to provide such additional information to the Department as is reasonably necessary to make the determinations provided for in S.C. Code Section 44-96-300.

2. Permittee Requirements.

a. The permittee is required to notify the Department by certified mail within 10 days of any of the following conditions:

(1) Commencing a voluntary or involuntary proceeding in bankruptcy, naming the permittee as debtor;

(2) The sale of the holder of the permit or approval;

(3) The sale of the permitted or approved facility; or,

(4) The dissolution of the holder of the permit or approval.

b. Transfer of Ownership.

(1) The Department may, upon written request, transfer a permit to a new permittee where no other change in the permit is necessary. The proposed new owner of a permitted landfill shall, prior to the scheduled change in ownership, submit to the Department:

(a) Documentation of the new owner's name and address.

(b) Documentation of the name and address of the party responsible for the operation and maintenance of the landfill, if different from the owner.

(c) A written agreement signed by both parties indicating the intent to change ownership or operating responsibility of the facility. The agreement shall contain:

i. A specific date for the transfer of permit responsibility; and,

ii. A statement that the new permittee will operate the landfill in accordance with the existing permit in effect at the time of transfer.

(d) Documentation of financial assurance as required in Part I, Section E. of this regulation. The previous owner shall maintain financial assurance responsibilities until the new owner can demonstrate satisfactory compliance with Part I, Section E. of this regulation.

(e) A Disclosure Statement for the new owner pursuant to Subsection F.1. above.

(2) Upon approval of all items required by Subsection F.2.b. (1) above, the Department shall transfer the permit from the original owner of the landfill to the new owner.

(3) A request for a permit modification shall be submitted with the transfer of ownership request, if the landfill will not be operated in accordance with the approved plans. The permit modification shall be in accordance with all provisions of this regulation.

(4) The new owner shall submit legal documentation of the transfer of ownership of the landfill within 15 days of the actual transfer.

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