S.C. Code Regs. § § 61-107.4.II.B

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

Section 61-107.4.II.B - Conditionally Exempt Activities

1. The following activities are exempt from the permitting requirements of this regulation, but shall comply with all requirements of this Part:

a. Management of only source separated Category One feedstocks by a person on property under their ownership or control, when the combined total of feedstocks and in-process material on site at any given time is less than 400 cubic yards.

b. Management of only source separated Category Two feedstocks or mixtures of Category One and Category Two feedstocks by a person on property under their ownership or control, when the combined total of feedstocks and in-process material on site at any given time is less than 40 cubic yards.

c. Management of only source separated Category Two feedstocks or mixtures of Category One and Category Two feedstocks generated on site of commercial, industrial, or institutional properties under the same ownership, when the combined total of feedstocks and in-process material on site at any given time is less than 400 cubic yards.

2. All materials shall be managed in a manner to not cause harm to human health or to the environment as determined by the Department.

3. A facility choosing to operate under a conditional exemption shall submit a written notice to the Department stating that it will operate under the conditional exemption requirements. Once submitted, the Department will respond to the notice in writing, either stating concurrence that the facility operation meets the conditional exemption requirements or that it does not.

a. The notice to the Department shall include completion of a Department-issued form and a site map of the facility that demonstrates compliance with required buffers and include information that will allow the Department to confirm that the proposed facility conforms to all other exemption conditions of this Part.

b. The Department shall respond in writing within fifteen (15) calendar days of receiving the notice.

c. Facilities operating prior to the effective date of the most recent amendment to this regulation shall notify the Department within ninety (90) calendar days of that effective date.

4. Conditionally exempt activities shall be performed in accordance with the minimum buffers listed below as measured from the operational area to the listed entities:

a. A minimum 200-foot buffer shall be required from the operational area to residences, schools, day-care centers, churches, hospitals, and publicly owned recreational park areas unless otherwise waived with documented consent of all property owners within the buffer and made available to the Department upon request;

b. A minimum 50-foot buffer shall be required from property lines unless otherwise waived with documented consent of all property owners within the buffer and made available to the Department upon request;

c. A minimum 100-foot buffer shall be required from public and private drinking water wells.

5. The Department may issue a variance to operate with less restrictive buffers when it determines that the technology and practices of the operation justify the reduction. The request shall be made in writing to the Department and the Department shall respond in writing.

6. All putrescible feedstocks shall be managed to prevent the escape of liquids and to suppress odors by incorporating the feedstocks into the compost mass, an in-vessel composting unit, an air-tight container, or an enclosed building.

7. Best Management Practices shall be utilized to manage stormwater and to prevent impact to Waters of the State.

8. No feedstocks or other material piles may be placed or stored in standing water.

9. All feedstocks and other material piles on site of the facility shall be monitored and managed to prevent fire.

10. Unauthorized and unrecyclable material shall be removed from the facility for proper disposal no less than every seven (7) calendar days, except that putrescible waste shall be placed in a covered container and removed from the facility within seventy-two (72) hours.

11. Compost produced by conditionally exempt facilities using Category Two feedstocks shall not be offered for sale to the public unless it can be demonstrated to meet all applicable standards for compost quality under Part III. of this regulation.

12. All feedstocks shall be ground and/or incorporated into a composting mass not less than once per year. Conditionally exempt facilities operating prior to the effective date of this regulation shall have one year from the effective date of this regulation revision to comply with this requirement.

S.C. Code Regs. § 61-107.4.II.B

Replaced and amended by State Register Volume 38, Issue No. 6, eff 6/27/2014; State Register Volume 45, Issue No. 05, eff. 5/28/2021.