S.C. Code Regs. § § 61-107.4.III.C

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

Section 61-107.4.III.C - Location Criteria

1. All facilities shall comply with the minimum buffers, listed below, from the operational area of the facility to the listed entities, as they exist at the time the permit application is received by the Department, except that an entity listed here shall be exempt from the buffer requirement to its own buildings.

a. For Type One facilities, for Type Two facilities performing in-vessel composting, or for Type Two facilities performing composting in an enclosed building, 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; for all other Type Two or for all Type Three facilities, a minimum 1,000-foot buffer shall be required.

b. For Type One facilities, a minimum 50-foot buffer shall be required from the operational area to property lines; for Type Two or Type Three facilities, the buffer shall be at least 100 feet;

c. A minimum 100-foot buffer shall be required from the operational area to any Waters of the State;

d. A minimum 100-foot buffer shall be required from the operational area to public or private drinking water wells; and

e. For Type Two or Type Three facilities, a minimum 10,000-foot buffer shall be required from the operational area to any airport runway used by turbojet aircraft and a minimum 5,000-foot buffer from any airport runway used only by piston-type aircraft, unless composting is in an enclosed building.

2. The Department may approve, with documented consent of all property owners within the buffer, less stringent buffers than those listed to residences, schools, day-care centers, churches, hospitals, publicly owned recreational park areas, and property lines.

3. The Department reserves the right to require more stringent buffers if it is determined, based on the site, feedstocks, or operations, that more stringent buffers are necessary to protect health and the environment.

4. The Department's permit decision does not supersede, affect, or prevent the enforcement of a zoning regulation or ordinance within the jurisdiction of an incorporated municipality or county, or by an agency or department of this state.

5. Local governments may require siting criteria and buffer distances that are more stringent than the state regulations.

S.C. Code Regs. § 61-107.4.III.C

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.