Current through Register Vol. 48, 12, December 27, 2024
I. Purpose and Scope:
A. This regulation creates State requirements
for the location of hazardous waste treatment, storage, and disposal (TSD)
facilities. Because the location of hazardous waste TSD facilities should be
limited to those areas where there will be minimal impact on human health and
the environment, all operating TSD facilities must demonstrate to the
Department that their location complies with this regulation.
B. The scope of the regulation is limited to
issues of public health and protection of the environment. The authority to
institute land use planning and zoning is an option to be instituted by local
governments in South Carolina. Although the S.C. Department of Health and
Environmental Control is often requested to deny permits to industries which
propose activities near residential or other areas, such requests can only be
considered by the Department when public health and the environment are at
risk. Aesthetic considerations, nuisances such as incidental odors, noises, and
lights, or competing economic interest are mainly regulated through zoning by
local governments and are not addressed in this regulation.
II. Applicability:
A. This regulation shall apply to all
applicants for permits as required by R.61-79 to treat, store, or dispose of
hazardous waste; provided, however, it shall not apply to those applicants for
permits for post-closure activities only. For those units permitted prior to
the effective date of this regulation, demonstration of compliance with these
location standards shall be deemed a condition of the permit. permitted until
the applicant demonstrates compliance with these location standards. For units
permitted prior to the effective date of this regulation, failure to submit a
demonstration of compliance with these location standards within one hundred
and eighty days of the effective date of this regulation shall be deemed to be
a failure to meet the conditions of the permit.
C. Demonstration of compliance with this
regulation must accompany the permit application required by R.61-79.270.10
unless the application is for a permit reissuance.
III. Definitions:
A. "Adjacent" to a wetland means bordering,
contiguous, neighboring, or hydrologically interconnected via surface water or
groundwater. Adjacent wetlands include, but are not limited to, those areas
that are separated from other waters of the State by man-made dikes, berms, or
barriers, natural river berms, and beach dunes. Areas hydrologically
interconnected are considered to be those where a realistic potential exists
for migration of a release or spill to an adjacent wetlands via surface water
or groundwater.
B. "Appurtenance"
means any ancillary equipment that is stationary to the unit and contains or
transports hazardous waste.
C.
"Areas of complex hydrogeology" typically include, but are not limited to,
karst terrane; fractured rock formations (joints and faults; excludes healed
fractures) irregularly stratified geologic deposits (e.g., certain fluvial,
deltaic and barrier island deposits); mixed hydrogeologic regimes (e.g.,
sedimentary deposits overlying fractured crystalline bedrock); folded areas
where flow paths may be contorted, and recharge zones where background water
quality cannot be determined.
D.
"Areas susceptible to mass movement" means those areas of influence (i.e.,
areas characterized as having an active or substantial possibility of mass
movement) where the movement of earth material at, beneath, adjacent, or in the
immediate area of the unit, because of natural or man-made events, results in
the downslope transport of soil and rock material by means of gravitational
influence. Areas of mass movement include, but are not limited to, landslides,
avalanches, debris slides and flows, creep, solifluction, liquefaction, block
sliding, rock fall, and slump.
E.
"Braided" means a river system characterized by an intricate network of
dividing and reuniting channels (frequently more than one) around a network of
predominantly sand and gravel bars and islands, causing the river channels to
follow a sinuous rather than straight course.
F. "Cave" means a naturally occurring cavity,
recess, chamber, or series of chambers and galleries beneath the surface of the
earth.
G. "Class GA groundwater" is
defined in R.61-68 as those groundwaters that are characterized by either of
the following factors: the groundwater is irreplaceable because no reasonable
alternative source of drinking water is available to substantial populations,
or the groundwater is ecologically vital because it provides the base flow for
a particularly sensitive ecological system that, if polluted, would destroy a
unique habitat.
H. "Coastal marine
floodplain" means the area along any coast that has historically been inundated
during times of flooding, but is otherwise above water, except for standing
water such as in a marsh or pond.
I. "Displacement" means the relative movement
of any two sides of a fault measured in any direction.
J. "Ephemeral" means a short-lived or
transitory river or portion of a river that flows only in direct response to
precipitation.
K. "Existing unit"
means a unit which has received a hazardous waste permit by the effective date
of this regulation or has met the requirements for interim status under
R.61-79.270.70.
L. "Expansion or
Expanding unit" means any increase in the capacity of an existing unit, as
defined above, any change in the types of waste received by an existing unit,
any increase in the quantities of waste received by an existing unit on a
periodic basis, or the addition of a unit or units for the same activity as the
existing unit.
M. "Fault" means a
fracture or zone of fracturing in any material along which there has been an
observable amount of displacement of the sides relative to one another and
parallel to the fracture.
N. "Flow
net" is a graph of flow lines and equipotential lines used in the study of
groundwater flow that represents two-dimensional movement through porous media.
Equivalent hydrogeologic models may be used in place of a flow net, subject to
the approval of the Department.
O.
"Fluvial floodplain" means the area along any river or stream that has
historically been inundated during times of flooding, but is otherwise above
water, except for standing water such as in a marsh, pond, or oxbow
lake.
P. "Hazardous waste" means a
hazardous waste as defined in R.61-79.261 of the South Carolina Hazardous Waste
Management Regulations (SCHWMR).
Q.
"Historical migration zone" means the area within which erosion of coastal
marine, lacustrine or fluvial floodplains is predicted to occur within the next
25 years. The historical migration zone includes the following landforms:
coastal marine, lacustrine, and braided or meandering fluvial systems;
including ephemeral systems and local segments of other fluvial floodplains,
such as canaliform systems that are locally braided, locally meandering, or
ephemeral.
R. "Holocene" means the
most recent geologic epoch within the Quaternary Period, from the end of the
Pleistocene epoch to the present.
S. "Horizontal ground acceleration" is the
change in velocity over time relative to horizontal movement of the earth's
surface as measured at a particular point during an earthquake.
T. "Karst terrane" means areas where
distinctive topography having characteristic surface and subterranean features
is developed because of liquefaction of overburden or the dissolution of
limestone, dolomite, or other soluble rock. Characteristic physiographic
features present in karst terrane include but are not limited to sinkholes,
closed depressions, sinking streams, caves, and blind valleys. Characteristic
subsurface solution features may be evidenced by drilling rod drops and fluid
loss during well drilling.
U.
"Lacustrine floodplain" means the area along any lakeshore that has
historically been inundated during times of flooding, but is otherwise above
water, except for standing water such as in a marsh or pond.
V. "Land-based unit" means a unit which is
used for the treatment, storage, or disposal of a hazardous waste and is
subject to SectionR.61-79.264 Subpart F including surface impoundments,
landfills, waste piles, land treatment units. Units exempt from the Subpart F
requirements under 264.90(b) and covered indoor waste piles in compliance with
Section264.250(c)(c) shall be considered as non-land-based units.
W. "Locally" means a particular segment or
the reach of a river which is characterized by the distance that encompasses
several river bends or wave lengths, each being a minimum of eight or more
channel widths.
X. "Meandering"
means a sinuous river system characterized by a single main channel that is
regionally characterized by a series of irregular "S" shaped curves.
Y. "Navigable waters" means those waters
which are now navigable, or have been navigable at any time, or are capable of
being rendered navigable by the removal of accidental obstructions, by rafts of
lumber or timber or by small pleasure or sport fishing boats.
Z. "New unit" means a unit, other than an
existing or expanding unit, as defined above, for which a permit decision will
be made after the effective date of this regulation.
AA. "Non-land-based unit" means an
incinerator, tank and its associated piping and underlying containment system,
or container storage area, and other units which are used for the treatment,
storage, or disposal of a hazardous waste and are not subject to
SectionR.61-79.264 Subpart F.
BB.
"One hundred-year flood" means a flood discharge that has a one-percent chance
of being equaled or exceeded in any given year.
CC. "One hundred-year floodplain" means any
land area which is subject to a one percent or greater chance of flooding in
any given year from any source.
DD.
"Poor foundation conditions" means those areas where features exist which
indicate that a natural or man-induced event may result in inadequate
foundation support for the structural components of a unit.
EE. "Post-closure activities" means those
regulated activities performed at a TSD unit after closure has been completed
and approved by the Department.
FF.
"Public drinking water supply" means water, whether bottled or piped, provided
to the public for human consumption; provided that the public drinking water
supply shall not include a drinking water system serving only a single private
residence or dwelling (R.61-58).
GG. "Recharge area" for a particular
saturated geologic unit is defined as areas where water enters the geologic
unit through downward migration. Principal examples include: outcrop areas of a
particular geologic unit where the potentiometric head within the unit
decreases with depth; and, in the subsurface, where the potentiometric head
relationship and leakage factors across any confining unit allow for downward
flow into a particular geologic unit.
HH. "Release" means any spilling, leaking,
pouring, emitting, emptying, discharging, injecting, pumping, escaping,
leaching, dumping, or disposing of hazardous waste or hazardous constituents
into the environment including the abandonment or discarding of containers,
barrels, and other closed or open receptacles containing hazardous waste or
hazardous constituents.
II. "Risk
Assessment" means a study consisting of Hazard Identification, Dose-Response
Assessment, Exposure Assessment and Risk Characterization. The study must
conform at least to the EPA Guidance:"Superfund Public Health Evaluation
Manual" EPA #540/1-86/06 October 1986 or more stringent guidelines as
established by the Department.
JJ.
"Sole source aquifer" is defined as specified in the Federal Safe Drinking
Water Act.
KK. "Structural
integrity" means the ability of a unit to withstand physical forces exerted
upon designed components, appurtenances, and containment structures (e.g.,
liners, dikes) of the unit.
LL.
"Underground mine" means any subterranean excavation for minerals or ores
having a roof of undisturbed rock (as opposed to open-pit
excavations).
MM. "Washout" means
the movement of hazardous waste from the unit as a result of a flood
event.
NN. "Wetland(s)" means those
areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support and under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands must possess three essential characteristics: (1)
hydrophytic vegetation, (2) hydric soils, and (3) wetland hydrology.
IV. Location Criteria:
A. Adverse geologic and hydrologic settings:
1. Seismic considerations:
a. New and expanding land-based and
non-land-based units shall not be located within a minimum of two hundred feet
of a fault where displacement during the Holocene Epoch within the Quaternary
Period has occurred. The setback distance or the time period for displacement
may be expanded by the Department as necessary to protect human health and the
environment.
b. Owners or operators
of new and expanding land-based and non-land-based units must demonstrate to
the satisfaction of the Department that the structural integrity of the unit
will allow it to maintain confinement of the hazardous waste or hazardous waste
constituents such that no adverse environmental or health impacts will occur
during and after any ground movement, liquefaction, or seismic wave motion
equal to the maximum horizontal acceleration predicted with a ten percent
probability of occurrence at the site in two hundred and fifty years.
c. Owners or operators of existing land-based
and non-land-based units must submit to the Department an amended closure plan
and close in accordance with the procedures specified in R.61-79.264 Subpart G
of the SCHWMR's unless the owners or operators can demonstrate to the
satisfaction of the Department that the requirements specified in paragraphs
1.a. and 1.b. of this section are met for the existing units.
2. Floodplains
a. New and expanding land-based units and
appurtenances shall not be located in a one hundred-year floodplain or in the
historical migration zone of coastal marine, lacustrine, or braided or
meandering fluvial system.
b. New
and expanding non-land-based units and appurtenances shall not be located in a
one hundred-year floodplain or the historical migration zone of a coastal
marine, lacustrine, or braided or meandering fluvial system, unless the owner
or operator demonstrates to the satisfaction of the Department that the unit
and appurtenances are designed, constructed, operated, and maintained to
prevent the washout of any hazardous waste by a one-hundred-year flood, and to
enable the unit to withstand the effects of erosion during its active
life.
c. Owners or operators of
existing land-based and non-land-based units and appurtenances located in a one
hundred-year floodplain, but outside the historical migration zone of a coastal
marine, lacustrine, and braided or meandering fluvial system, must submit to
the Department an amended closure plan and close in accordance with the
procedures specified in R.61-79.264 Subpart G of the SCHWMR unless the owner or
operator can demonstrate to the satisfaction of the Department that such units
and appurtenances are designed, operated, and maintained to prevent washout of
any hazardous waste by a one hundred-year flood, and that such units and
appurtenances can withstand the effects of erosion during their active
life.
d. Owners or operators of
existing land-based units and appurtenances located inside the historical
migration zone of a coastal marine, lacustrine, braided or meandering fluvial
system must submit to the Department an amended closure plan and close in
accordance with the procedures specified in R.61-79.264 Subpart G of the
SCHWMR.
e. Owners or operators of
existing non-land-based units and appurtenances located inside the historical
migration zone of a coastal marine, lacustrine, or braided or meandering
fluvial system must submit to the Department an amended closure plan and close
in accordance with the procedures specified in R.61-79.264 Subpart G of the
SCHWMR unless the owner or operator can demonstrate to the satisfaction of the
Department that the unit and appurtenances are designed, constructed, operated,
and maintained to withstand the effects of erosion during its active
life.
f. The historical migration
zone, as outlined under paragraphs 2.a. through 2.e., shall be determined by
the owner or operator through a geomorphic study as approved by the
Department.
3.
Underground mines and caves; the placement of any hazardous waste in any
underground mine or cave is prohibited.
B. Unstable terrains
1. Karst
a.
New and expanding land-based and non-land-based units shall not be located in
karst terrane unless the owner or operator demonstrates to the satisfaction of
the Department that:
(1) A geotechnical and
hydrogeologic investigation of the site shows that the site is historically
stable and subsidence into or collapse of subsurface solution cavities as a
consequence of instability caused by liquefaction of overburden or by the
dissolution of soluble rocks will not occur; or
(2) Where the requirement of paragraph 1.a.
(1) cannot be met, that appropriate engineered measures are applied to ensure
the unit's structural integrity and to contain or eliminate any adverse effects
to human health and the environment that may occur as a result of karst
terrane.
b. Owners or
operators of existing land-based or non-land-based units located in karst
terrane must submit to the Department an amended closure plan and close in
accordance with the procedures specified in R.61-79.264 Subpart G of the
SCHWMR's, unless the appropriate demonstration specified in paragraphs 1.a. of
this section is made to the satisfaction of the Department.
2. Poor foundation conditions
a. New and expanding land-based and non-land
based units shall not be located in regions where poor foundation conditions
may exist unless the owner or operator demonstrates to the satisfaction of the
Department the following:
(1) The absence of
poor foundation conditions at, beneath, adjacent, or in the immediate area of
the unit; or,
(2) If poor
foundation conditions exist, the problem conditions are corrected.
b. Owners or operators of existing
land-based and non-land-based units located in regions where poor foundation
conditions may exist must submit to the Department an amended closure plan and
close in accordance with the procedures specified in R.61-79.264 Subpart G of
the SCHWMR, unless the owner or operator demonstrates to the satisfaction of
the Department:
(1) The absence of poor
foundation conditions, at, beneath, and adjacent to the unit, or in the
immediate area of the unit, or
(2)
If poor foundation conditions exist, the problem conditions can and will be
corrected by modifying subsurface soil conditions, unit location, or design and
operation of the unit.
3. Areas susceptible to mass movement.
a. New and expanding land-based and
non-land-based units shall not be located in regions where mass movement may
occur unless the owner or operator demonstrates to the satisfaction of the
Department the following:
(1) That the unit
is not in an area susceptible to mass movement, or
(2) If evidence of mass movement exists,
appropriate engineered measures are applied to ensure unit structural integrity
and to eliminate the threats posed to human health and the environment by mass
movement.
b. Owners or
operators of existing land-based and non-land-based units located in regions
where mass movement may occur must submit to the Department an amended closure
plan and close in accordance with the procedures specified in R.61-79.264
Subpart G of the SCHWMR, unless the owner or operator demonstrates to the
satisfaction of the Department the following:
(1) The unit is not in an area susceptible to
mass movement, or
(2) If evidence
of mass movement exists, appropriate engineered measures can and will be
applied to ensure unit structural integrity and to eliminate the threats posed
to human health and the environment by mass movement.
C. Media-specific
requirements
1. Groundwater
a. Groundwater vulnerability.
(1) New land-based units and expansions of
existing land-based units are prohibited in areas where the owner or operator
cannot demonstrate to the satisfaction of the Department:
(a) That the unit is underlain by a
protective clay or silty clay unit. The thickness of this unit must be greater
than five feet. The hydraulic conductivity of this unit must not exceed 1E-06
centimeters per second. This unit must be composed of materials with a
protective high ion exchange capacity and it should have a high organic
content. The continuity of this protective unit must be such that it exceeds a
minimum of two hundred feet in the hydraulically upgradient direction and a
minimum of five hundred feet in the hydraulically sidegradient directions, and
it is continuous from below the site to the point where shallow groundwater is
discharging to the nearest surface water body; and
(b) That the site is not located in an area
where the hydrogeologic conditions allow the migration of groundwater in
shallow geologic units, having little potential as an underground source of
drinking water, into deeper units. Specific detail concerning this requirement
are as follows. At all locations across the site, the potentiometric head in
the shallow saturated geologic material overlying the confining unit described
in paragraph (a) of this section must be lower than the potentiometric surface
of the geologic material below the confining unit (i.e., an upward hydraulic
gradient must exist). If the material above the confining unit is not
permanently saturated under natural conditions, then the potentiometric head in
the geologic units underlying the confining unit must be at an elevation higher
than the top of the confining unit; and
(c) That a minimum ten foot separation can be
maintained between the base of the waste management unit and the high water
table as it exists naturally, or through long-term, permanent and
maintenance-free methods; and
(d)
That a minimum fifteen foot vertical separation of naturally occurring or
engineered material can be maintained between the base of the constructed liner
and bedrock. The nature of the material making up this interval is subject to
Department approval; and
(e) That
the unit is not located over an area where a stratum of limestone exhibiting
secondary permeability with an average thickness of greater than five feet lies
within fifty feet of the base of the unit.
(f) That a unit can be located such that if a
leak should occur, the resulting groundwater discharge to the receiving surface
water body shall not contravene standards set by the State Water
Classifications and Standards (R.61-68).
(2) Owners or operators of existing
land-based units which cannot meet the requirements of paragraph (1) of this
section shall submit to the Department an amended closure plan and close the
unit in accordance with the requirements in R.61-79.264 or 265 Subpart G of the
SCHWMR's, unless, except in the case (1)(e) of this section, appropriate
engineered measures are applied to ensure the unit's structural integrity and
to contain or eliminate any adverse effects to human health and the environment
that may occur as a result of a release from the unit.
(3) New and expanding non-land-based units
are prohibited in areas where the owner or operator cannot demonstrate to the
satisfaction of the Department that the requirements of paragraph (1) of this
section are met or that appropriate engineered measures are applied to ensure
the unit's structural integrity and to contain or eliminate any adverse effects
to human health and the environment that may occur as a result of a release
from the unit.
(4) Owners or
operators of existing non-land-based units which cannot meet the requirements
of paragraph (1) of this section shall submit to the Department an amended
closure plan and close the unit in accordance with the requirements in
R.61-79.264 or 265 Subpart G of the SCHWMR's unless appropriate engineered
measures are applied to ensure the unit's structural integrity and to contain,
or eliminate any adverse effects to human health and the environment that may
occur as a result of a release from the unit.
b. Complex hydrogeology.
(1) New land-based units and expansions of
existing land-based units are prohibited in areas where the owner or operator
cannot demonstrate to the satisfaction of the Department:
(a) That the hydrogeologic properties of the
site can be adequately characterized. The characterization shall include a
detailed description of the geologic units below the site (including
mineralogy, sedimentary structures, thickness, continuity, and structure), the
hydraulic properties of each geologic unit (including secondary porosity and a
discussion of variations noted across the site), and direction and rate of
groundwater flow within the uppermost aquifer and all interconnected aquifers
and confining units using a groundwater flow net. In addition, the relationship
between the units below the site to locally and regionally recognized geologic
and hydrogeologic units must be described; and
(b) Compliance with the groundwater
monitoring requirements under R.61-79.264 Subpart F of the SCHWMR's
and
(c) The feasibility of a
corrective action program at the site. The demonstration shall show how a
corrective action response will be effectively implemented to prevent a release
to groundwater from migrating beyond the facility property boundary. The
corrective action feasibility demonstration shall illustrate all the factors
that are necessary to be in compliance with the corrective action requirements
under R.61-79.264 Subpart F of the SCHWMR's.
(2) Owners or operators of existing
land-based units in areas which cannot meet the requirements of paragraph (1)
of this section shall submit to the Department an amended closure plan and
close the unit in accordance with the requirements in R.61-79.264 or 265
Subpart G of the SCHWMR's.
(3) New
and expanding non-land-based units are prohibited where the owner or operator
cannot demonstrate to the satisfaction of the Department that the requirements
of paragraph (1) of this section are met or that appropriate engineered
measures are applied to ensure the unit's structural integrity and to contain
or eliminate any adverse effects to human health and the environment that may
occur as a result of a release from the unit.
(4) Owners or operators of existing
non-land-based units which cannot meet the requirements of paragraph (1) of
this section shall submit to the Department an amended closure plan and close
the unit in accordance with the requirements in R.61-79.264 or 265 Subpart G of
the SCHWMR's unless appropriate engineered measures are applied to ensure the
unit's structural integrity and to contain or eliminate any adverse effects to
human health and the environment that may occur as a result of a release from
the unit.
c. Groundwater
resource value.
(1) New land-based units and
expansions of existing land-based units shall not be located over Class GA
groundwater or over the recharge area for Class GA groundwater as designated by
the Department, over a sole source aquifer, or over the recharge area for a
sole source aquifer as designated by the Department.
(2) Owners or operators of existing
land-based units which cannot meet the requirements of paragraph (1) of this
section shall submit to the Department an amended closure plan and close the
unit in accordance with the requirements in R.61-79.264 or 265 Subpart G of the
SCHWMR's.
(3) New and expanding
non-land-based units are prohibited in areas where the owner or operator cannot
demonstrate to the satisfaction of the Department that the requirements of
paragraph (1) of this section are met, or that appropriate engineered measures
are applied to ensure the unit's structural integrity and to contain or
eliminate any adverse effects to human health and the environment that may
occur as a result of a release from the unit.
(4) Owners or operators of existing
non-land-based units which cannot meet the requirements of paragraph (1) of
this section shall submit to the Department an amended closure plan and close
the unit in accordance with the requirements in R.61-79.264 or 265 Subpart G of
the SCHWMR's unless appropriate engineered measures are applied to ensure the
unit's structural integrity and to contain or eliminate any adverse effects to
human health and the environment that may occur as a result of a release from
the unit.
2.
Surface water
a. New and expanding land-based
and non-land-based units shall be prohibited in the following areas:
(1) Within a minimum of one thousand feet of
any navigable waters.
(2) Within
that portion of the drainage basin included in a one-half mile radius, at a
minimum, on the upstream side of a public drinking water supply intake from a
river or stream;
(3) Within that
portion of the drainage basin which is within one-half mile, at a minimum, of a
lake, pond, or reservoir used as a source of public drinking water
supply.
b. The owner or
operator of existing land-based and non-land-based units located within the
prohibited areas listed in 2.a. above must submit to the Department an amended
closure plan and close in accordance with the procedures specified in
R.61-79.264 Subpart G of the SCHWMR's unless the owner or operator demonstrates
to the satisfaction of the Department the following:
(1) The capability of the unit and the area
within the prohibited areas listed in 2.a. above to control and/or contain
run-off from the maximum rainfall in twenty four hours from the twenty
five-year storm and the capability to divert run-on from land adjoining this
area and the unit during such a storm unless sufficient capacity is included in
the run-off system to control and/or contain run-on.
(2) The result of any release of hazardous
waste to the receiving surface water body will not contravene standards set by
the State Water Classifications and Standards (R.61-68).
c. No new and expanding unit shall be located
within a minimum of one-half mile of a federally designated wild and scenic
river or a state designated scenic river.
3. Air
a.
New and expanding hazardous waste units shall not be located in an EPA
designated non-attainment area unless the owner or operator demonstrates, prior
to operation, that the unit will be in compliance with the Department's Air
Pollution Control Requirements for non-attainment areas.
b. The owner or operator of new, expanding
and existing hazardous waste units must describe air quality problems which may
result from the maximum operations of hazardous waste units. To provide
information on the facility's impact on air quality, the owner or operator must
prepare an assessment of the air quality impacts which may occur based on
historical or estimated meteorological conditions and to what extent such
respective problems and conditions will affect neighboring communities
including potential damage to wildlife, crops, vegetation and physical
structures, public health and the environment.
c. The owner or operator of new, expanding
and existing hazardous waste units must prepare a plan for operations when an
Air Stagnation Advisory (ASA) is issued for the area in which the hazardous
waste unit is located. An ASA is issued by the national Weather Service to
local media and is broadcast on the National Oceanic and Atmospheric
Association (NOAA) radio network. The facility must describe what actions will
be taken to minimize emissions for the duration of the ASA. In addition, the
facility must describe what actions will be taken in the event that any stage
of an air pollution episode (as described in SC Air Pollution Control
Regulation No. 61-62.3) is declared for that area. These actions must, at a
minimum, meet the requirements set forth in Section II of SC Air Pollution
Control Regulation No. 61-62.3 for those operations directly related to the
facility's hazardous waste unit.
D. Ecological resources:
1. Wetlands
a. New land-based and non-land-based units
shall be prohibited in or adjacent to wetlands.
b. Expansions of existing land-based and
non-land-based units shall be prohibited in wetlands.
c. Expansions of existing land-based and
non-land-based units shall be prohibited adjacent to wetlands unless the
following requirements are met by the owner or operator:
(1) All expansion will be a minimum of five
hundred feet from a wetlands.
(2)
The owner or operator must demonstrate to the satisfaction of the Department
long-term integrity of the unit so as to prevent migration of hazardous waste
or hazardous constituents into the wetland and to ensure protection of human
health and the environment. Such a demonstration shall include adequate design
elements and operating procedures to address the following factors:
(a) Erosion, stability, and migration
potential of native wetland soils, muds, and deposits used to support the unit
or ancillary structures,
(b)
Erosion, stability, and migration potential of dredged and fill materials used
to support the unit or ancillary structures,
(c) Pathways for movement of hazardous waste
or constituents and the migration potential of these materials in the event of
a release from the unit,
(d) Ease
and ability of characterizing groundwater and surface water flow rates and
directions and the effectiveness of groundwater and surface water monitoring in
the presence of tidal and other hydrogeologic influences, and
(e) Any additional factors, as necessary, to
demonstrate that the integrity of the unit in or adjacent to the wetland is
sufficiently protective of human health and the environment.
(3) The owner or operator must
demonstrate to the satisfaction of the Department that the unit will be
designed and operated so as to provide adequate protection of the ecological
resources of the wetland from migration of hazardous waste or hazardous
constituents. The demonstration shall include, but not be limited to,
consideration of the following factors:
(a)
The nature and chemical characteristics of the waste and constituents managed
in the unit including its persistence, toxicity, mobility, and propensity to
bioaccumulate,
(b) Impacts on fish,
wildlife, and other marine resources and their habitat from releases of
hazardous wastes or hazardous constituents that may result as a consequence of
a unit expansion,
(c) The potential
effects of catastrophic hazardous waste or constituent releases to the wetland
and the resultant impacts on the environment, and
(d) Any additional factors, as necessary, to
demonstrate that ecological resources in or adjacent to the wetland are
sufficiently protected.
(4) The owner or operator shall offset
unavoidable wetland impacts through wetlands restoration or creation.
(5) The owner or operator must comply with
other Federal requirements, as applicable, including Section10 of the Rivers
and Harbors Act of 1899, Executive Order 11990 (Protection of Wetlands), and
Executive Order 11988 (Floodplain Management).
(6) Where the proposed expansion involves the
discharge of dredged or fill material in a wetland or other waters of the
United States, the owner or operator must apply for a permit by the U. S. Army
Corps of Engineers as required under Section404 of the Clean Water
Act.
d. Owner or
operators of existing land-based or non-land-based units located in or adjacent
to a wetland, including wetlands within the facility property, shall close the
unit unless the requirements under paragraphs 1.c. (1)-(6) of this section are
met.
2. Other
environmentally sensitive areas
a. New and
expanding land-based and non-land-based units shall be prohibited in the
following areas:
(1) On prime farmland as
designated by the United States Soil Conservation Service;
(2) Within an area that will adversely impact
an archeological site as determined by the State Historic Preservation Officer
and the State Archaeologist or a historic site as determined by the State
Historic Preservation Officer;
(3)
Within a minimum of one-half mile of national or state parks, national wildlife
refuges, major water impoundments of one hundred acres or larger, state
heritage preserves as defined in Section
51-17-10
of the South Carolina Code of Laws, designated wilderness areas of a national
forest, and areas of special national or regional natural, recreational,
scenic, or historic value, or other significant environmentally sensitive
areas.
b. The owner or
operator of existing land-based and non-land-based units located within the
prohibited areas listed in 2.a. above must submit to the Department an amended
closure plan and close in accordance with the procedures specified in
R.61-79.264 Subpart G of the SCHWMR's, unless the owner or operator
demonstrates to the satisfaction of the Department that the environmentally
sensitive area is adequately protected and will not be adversely affected by
the hazardous waste activity at the unit.
E. Buffer zones and setbacks:
1. Buffer zones
a. Owners or operators of new, expanding, and
existing land-based units shall establish a dedicated buffer zone of at least
but not necessarily limited to two hundred feet, between the unit and the
facility property boundary. The required distance will include the minimum of
two hundred feet, and any additional distance determined appropriate to
adequately ensure that groundwater time-of-travel measured along a one-hundred
foot flow line originating at the base of the unit, allows adequate time to
implement the corrective action response necessary to remedy a hazardous waste
release to groundwater and to contain or eliminate the release within the
facility property boundary. Calculation of the groundwater time-of-travel shall
be made as specified under EPA Document (530-SW-86-0228) entitled Criteria for
Identifying Areas of Vulnerable Hydrogeology under the Resource Conservation
and Recovery Act.
b. New and
expanding land-based units that cannot establish a dedicated buffer zone to
fulfill the requirements under paragraph 1.a. of this section are
prohibited.
c. Owners or operators
of existing land-based units that cannot establish a dedicated buffer zone to
fulfill the requirements under paragraph 1.a. of this section shall submit to
the Department an amended closure plan and close the unit in accordance with
the requirements in R.61-79.264 or 265 Subpart G of the SCHWMR's, unless plans
are submitted to the Department for appropriate additional measures to ensure
an equivalent level of protection to human health and environment, which may
include, but not necessarily be limited to:
(1) Groundwater Monitoring;
(2) Installation of recovery wells;
and
(3) Development of a contingent
corrective action plan.
d. A dedicated buffer zone as required under
paragraph 1.a. of this section shall meet the following criteria:
(1) Shall consist of an area of land between
the unit and the facility property boundary, that is owned by the owner or
operator and serves as a separation distance between the unit and the facility
property boundary and must remain accessible for corrective action as
necessary. The buffer zone shall not be used for the treatment, storage or
disposal of hazardous waste;
(2)
Shall serve as a buffer zone for as long as hazardous constituents remain in
the unit; and
(3) Shall be recorded
as a notation on the facility property deed as a dedicated portion of the
facility property for the sole purpose for which it is intended as specified
under paragraphs d. (1) and d. (2) of this section.
2. Setbacks
a. For new and expanding units, the owner or
operator shall meet the following setback distances at the time of permit
application to the Department.
(1) No
land-based or non-land-based unit shall be located within a minimum of two
thousand feet of any existing church, school, hospital, or any other structure
which is routinely occupied by the same person or persons more than twelve
hours per day or by the same person or persons under the age of eighteen for
more than two hours per day, except those owned by the applicant.
(2) A land-based unit must not be located
within a minimum of one thousand feet in the downgradient direction, a minimum
of fifteen hundred feet in the sidegradient direction and at any distance
upgradient of any well used as a source of water for human or animal
consumption and/or bathing or irrigation that is in a hydrologic unit,
potentially impacted by the unit. When evaluating this criteria, consideration
must be given to the existing and potential use of groundwater. Exceptions to
this requirement may be granted if the petitioner can demonstrate to the
satisfaction of the Department that the hydrogeologic conditions below the site
provide protection to the aquifer in use.
b. Existing land-based and non-land-based
units that cannot meet a required setback distance under paragraph a. of this
section shall submit to the Department an amended closure plan and close in
accordance with the procedures specified in R.61-79.264 Subpart G of the
SCHWMR, unless they perform a risk assessment, as approved by the Department,
that demonstrates public health and the environment will be adequately
protected.
F.
Transportation and preparedness:
1.
Transportation; new and expanding land-based and non-land-based units shall be
prohibited and existing land-based and non-land-based units shall submit to the
Department an amended closure plan and close in accordance with the procedures
specified in R.61-79.264 Subpart G of the SCHWMR's unless the transportation
corridors will minimize the potential for and effects of hazardous spills and
accidents in populated communities by demonstrating the following:
a. Access to sites by surface and water
transportation modes shall be by roads, rails and water ways with the capacity
to accept the demands created by the facility.
b. The facility must be located such that
when conveyed on roadways, hazardous waste will be transported on interstate,
state, or county highways or other roads which are well maintained, well
constructed, free of obstructions and with a high degree of visibility. No
hazardous waste shall be transported on roads where weight restrictions for the
road or any bridge on the road will be exceeded in the selected route of
travel.
c. The facility must be
located such that an existing and acceptable alternate route is available if
access by the primary transportation corridor is blocked.
2. Preparedness
a. No unit shall be located at a facility
where the owner or operator cannot reach an agreement with the Local Emergency
Planning Committee (LEPC) for appropriate emergency services unless the owner
or operator: (1) documents the refusal of the LEPC to enter into such
agreements; and (2) makes appropriate arrangements with the local emergency
service authorities such as fire, police, hospitals, and local
contractors.
b. The Department
reserves the right to require more than minimum requirements for the purpose of
protecting public health and the environment, and reserves the right to deny
siting approval if adequate emergency preparedness requirements are not
provided either through agreements or by the applicant.
c. Owners or operators of existing units
which cannot demonstrate to the satisfaction of the Department compliance with
paragraphs a. and b. of this section must submit an amended closure plan and
close in accordance with the procedures specified in R.61-79.264 Subpart G of
the SCHWMR's.
V. Certification; the information submitted
in compliance with this regulation shall be prepared by or under the direct
supervision of a professional engineer or geologist as required in the 1976
Code of Laws of South Carolina as amended, Title 40. Chapters 21 and
77.
VI. Severability; should any
section, paragraph, sentence, clause or phrase of this regulation be declared
unconstitutional or invalid for any reason, the remainder of this regulation
shall not be affected thereby.
Statutory Authority: 1976 Code Section
44-56-30
et. seq.