South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-107 - Solid Waste Management
Subchapter 61-107.12 - Solid Waste Management: Solid Waste Incineration and Solid Waste Pyrolysis Facilities
Part III - Requirements for Solid Waste Incineration Facilities, Including Pyrolysis Facilities

Universal Citation: SC Code Regs III

Current through Register Vol. 48, No. 9, September 27, 2024

This Part applies to all facilities using incineration technologies, including pyrolysis, except for Air Curtain Incineration facilities permitted in accordance with the requirements in Part II of this regulation.

A. Permit Application Requirements.

1. Prior to the construction, modification, or operation of a solid waste incineration facility, a permit shall be obtained from the Department pursuant to these regulations. The application shall be signed by an engineer duly licensed and registered under the laws of the State of South Carolina.

2. Any person wishing to obtain a permit pursuant to these regulations, from the Department to operate a solid waste incineration facility, shall submit to the Department, one printed copy and a digital copy of the following documents:
a. A completed permit application, on a form provided by the Department;

b. An engineering report which shall include the following:
(1) An overall description of the facility;

(2) A description of the process and equipment to be used;

(3) A description of the area and proposed population which will be served by the facility;

(4) A description of the types and quantities of solid waste to be accepted;

(5) A description of the existing site. Any existing site conditions that will be utilized during the operation of the proposed incinerator shall be identified as existing on the plan including, but not limited to, structures, access roads, on-site roads, parking areas, loading and unloading areas, fences, and gates;

(6) A description of the security measures, including, but not limited to fences, gates, and signs;

(7) The location of storage areas for incoming waste, incinerator ash, precipitator waste, and other non-combustible waste generated by the incinerator;

(8) A description of any re-use or recycling planned for the ash residue; and,

(9) An identification of the ultimate disposal location for all facility-generated waste residues including, but not limited to, ash residues, and non-combustible waste, and the proposed alternate disposal locations for any unauthorized waste types, which may have been unknowingly accepted;

c. Complete engineering plans and specifications that, at a minimum, address the items listed below:
(1) A map showing the specific location, land use, and zoning within one-fourth (1 /4) mile of the boundaries of the proposed facility;

(2) Drawings of buildings and other structures, on a scale no greater than one (1) foot per quarter inch, showing types of construction, layout, and dimensions for unloading, storage, and processing areas;

(3) A site plan, on a scale of not greater than two hundred (200) feet per inch, designating the property boundaries and all existing and proposed structures and access roads;

(4) Weighing of all solid waste to be accepted at the facility;

(5) Storage areas for incoming solid waste and out-going ash;

(6) Detailed engineering plans and specifications for the incinerator and other related machinery; and,

(7) Detailed engineering plans and specifications for leachate control and related equipment;

d. A complete description of the personnel training program that meets the requirements of Part IV.C of this regulation;

e. An ash management plan that at a minimum addresses the following:
(1) Identification of the facility approved by the Department that will receive the residue; and,

(2) A certification that the facility shall have adequate capacity to handle such residue;

f. A description of the manner in which waste waters, if any, from the facility will be managed;

g. A quality assurance and quality control report. The facility owner or operator shall institute a control program (including measures such as signs, monitoring, alternate collection programs, passage of local laws, etc.) to assure that only solid waste authorized by the Department is being processed at the facility;

h. A written contingency plan which describes a technically and financially feasible course of action to be taken in response to contingencies during the construction and/or operation of the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous constituents to air, soil, or surface water;

i. A narrative description of the general operating plan for the facility, including the origin, composition and weight of solid waste that is to be processed at the facility, the process to be used at the facility, the daily operational methodology of the process, the loading rate, the proposed capacity of the facility and the expected life of the facility. The plan shall include a descriptive statement of any materials recycling or reclamation activities to be operated in conjunction with the facility, either on the incoming solid waste or the out-going residue. The plan shall describe how the facility will meet all applicable regulatory requirements;

j. An operation and maintenance manual describing how the facility shall be maintained and operated in accordance with the intended use and permit of the facility. The manual shall include, but not be limited to, the following:
(1) A description of the proposed procedures for the operation of each major facility component;

(2) Procedures to be followed during startup and scheduled and unscheduled shutdown of operations;

(3) Identification of the operating variables for the process and any control devices used to detect a malfunction or failure, the normal range of these variables, and a description of the method of monitoring; and the sequence of responsible action in the event that the equipment and instruments exceed normal operating ranges;

(4) Methods and schedules to check operation of control equipment and instrumentation, including a list of all equipment and instruments requiring calibration and a schedule of proposed calibration intervals. All process instruments shall be calibrated no less than once per year. Process control instruments shall be maintained in an operable condition;

(5) A description of the proposed measures to control dust, noise, litter, odor, rodents and insects at the facility;

(6) An inventory and location of all facility records and as-built drawings; and,

(7) An estimate of the type, quantity, and on-site storage of fuels needed for the facility;

k. A detailed closure plan which shall identify the steps necessary to close the facility. The plan will describe how all wastes, residues (including ash, scrubber waters and sludge) will be removed from the incinerator facility, including ductwork, piping, air pollution equipment, and surfaces that have contacted waste. The plan will also describe the procedures to dismantle and remove contaminated components of the incinerator facility when relocation or disposal of the component parts is preferred to closure in place. The plan may be amended at any time during the active life of the facility with Department approval. The plan shall be amended whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure;

l. An itemized closure cost estimate, prepared by a third party acceptable to the Department, which projects the expenses for closure activities listed in the closure plan and declares the maximum amount of incoming waste and ash which may be located at a facility at any given time and remain in compliance with all federal, state and local permits applicable to the site. Financial assurance requirements for permitted facilities are found in Part IV.B of this regulation; and,

m. A waste control plan that, at a minimum, addresses the items outlined below. Facilities that receive only municipal solid waste are exempt from items (2)(a) & (b) below.
(1) Waste approval procedures for making the determination of whether to approve or refuse proposed waste streams;

(2) Waste screening procedures and a time frame for making the determination of whether to accept or reject shipments of incoming waste streams to include procedures for:
(a) Verifying that the profile sheets provided by the generators match all shipped containers; and,

(b) Conducting extended verification testing on each shipment of incoming waste;

(3) Waste disposal procedures for the proper handling, storage, and disposal of all unauthorized wastes; and,

(4) Record keeping procedures for maintaining documentation related to the acceptance, rejection, storage, operational data, and proper disposal of all wastes received by the facility. Records shall be maintained for a minimum of five (5) years and shall be made available to the Department upon request.

3. Public Noticing Requirements for Permitted Incineration Facilities.
a. Within fifteen (15) days of submitting an application to the Department, the applicant shall give notice that he/she has requested a permit to operate. Notice shall be given to the county administrator, the county planning office, and all owners of real property as they appear on the county tax maps, as landowners within one (1) mile of the proposed permit area. This notice shall contain:
(1) The name and address of the applicant;

(2) The type of facility and what it will accept for incineration;

(3) A detailed description of the location of the facility, using road numbers, street names, and landmarks, as appropriate;

(4) Department locations (Central Office and appropriate Regional Office) where a copy of the permit application will be available for review during normal working hours; and

(5) The Department address and contact name for submittal of comments and inquires.

b. The applicant shall provide evidence of Noticing as required in Part III.A.3 to the Department.

c. A comment period of not less than thirty (30) days from the date of Noticing will be provided prior to issuance of a Department decision.

d. Notice of the Department decision regarding the permit application will be sent to the applicant, to affected persons or interested persons who have asked to be notified, to all persons who commented in writing to the Department, and to the facility's host county. The use of certified mail to send Notice of the Department's decision shall be at the discretion of the Department unless specifically requested in writing by an interested person.

B. Design Requirements. Design requirements addressed in this section apply to all solid waste incineration facilities, unless otherwise approved by the Department.

1. Solid waste incineration facilities shall be adjacent to or have direct access to roads that are of all weather construction and capable of withstanding anticipated load limits.

2. Solid waste incineration facilities shall not be located within the 100-year floodplain.

3. The active waste handling area of a solid waste incineration facility shall not be located within five hundred (500) feet of any waters of the U.S.

4. Solid waste incineration facilities shall comply with the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency requirements concerning wetlands.

5. The active waste handling area of a solid waste incineration facility shall not extend closer than five hundred (500) feet to any drinking water well. The active waste handling area of the facility and all ash management areas shall have separation from the groundwater table at all times.

6. Locations shall allow for sufficient room to minimize traffic congestion and allow for safe operation.

7. No solid waste incineration facility shall extend closer than one hundred (100) feet to any property line.

8. The active waste handling area of a solid waste incineration facility shall not extend closer than one thousand (1000) feet to residences, schools, day-care centers, hospitals or recreational park areas.

9. Solid waste incineration facilities shall adhere to all Federal and State rules and regulations and all local zoning, land use and other applicable local ordinances.

10. The tipping, loading and unloading areas shall be:
a. Constructed with a minimum slope of 1%;

b. Constructed of impervious materials, e.g., asphalt, concrete;

c. Provided with a water supply for storage and transfer area cleaning purposes; and,

d. Equipped with drains, pumps, or equivalent means to facilitate the removal of water for proper disposal.

11. The transfer structures, buildings, and ramps shall be constructed of materials that can be easily cleaned.

12. The solid waste storage area and tipping area must include fire detection and protection equipment.

13. Leachate and washwater from a solid waste incineration facility shall not be allowed to drain or discharge into waters of the State unless an effluent disposal permit (e.g. land application or NPDES) is approved by the Department.

14. Emergency Preparedness. In addition to requirements set forth in the contingency plan, all solid waste incineration facilities shall at a minimum:
a. Provide adequate aisle space to allow for emergency equipment;

b. Be equipped with the following:
(1) An internal communications system capable of providing immediate emergency instruction to facility personnel and an alarm system to notify facility personnel of an emergency condition;

(2) A device, such as a telephone (immediately available at the scene of operations) or a handheld two-way radio, capable of summoning emergency assistance from local police departments, fire departments, and State or local emergency response teams;

(3) Portable fire extinguishers, fire control equipment and spill control equipment; and,

(4) Water available at adequate volume and pressure to supply water hose streams, automatic sprinklers, or water spray systems.

C. Operations Criteria. A solid waste incineration facility shall be designed and operated according to the minimum criteria listed in this section, unless otherwise approved by the Department.

1. All incinerators shall be operated in a manner so as to prevent the creation of a public health nuisance or potential health hazard. Litter, odors, rats, insects, flies, mosquitos, and other vectors shall be controlled at the facility.

2. All solid waste containing putrescible wastes shall be processed within seventy-two (72) hours of receipt unless an exemption is requested and approved by the Department in the facility's general operating plan.

3. All solid waste containing putrescible wastes that will not be processed on site shall be transferred to a permitted disposal facility within seventy-two (72) hours of its receipt.

4. Prior to initial operation of a new incinerator, the Department shall be notified so that an inspection may be made of the facility to determine conformance with the approved plans.

5. The incineration facility shall be operated and maintained so as to minimize interference with other activities in the area.

6. Access Controls. The operator shall restrict the presence of, and shall minimize the possibility for any unauthorized entry onto the facility. A statement of the days and hours of operation shall be posted at the entrance of the facility and access, except for Department and/or emergency personnel, shall be limited to those times when authorized personnel are on duty.

7. Receipt and Handling of Solid Waste.
a. The facility is authorized to process only solid waste authorized by Department permit. The weight of all solid waste received at the facility shall be recorded and incorporated into the annual report.

b. Outside storage and/or processing of putrescible waste is prohibited.

c. Unauthorized or untreatable solid waste may be temporarily stored on the premises for a period not to exceed one week; the facility may request an exemption to the one week limit to be incorporated in its general operating plan. The facility must ensure that waste does not create a nuisance or a sanitary or environmental problem.

d. Wastes shall be stored so as to prevent a fire hazard.

8. Process Changes. The owner or operator shall receive approval from all appropriate Department program areas in writing of all process changes before they are implemented. Permit modifications shall be required as deemed necessary by the Department.

9. Emergency Preparedness.
a. All solid waste incineration facilities shall at a minimum:
(1) Test and maintain as necessary to assure its proper operations, all facility emergency equipment including, but not limited to, communications or alarm systems, fire protection equipment, spill control equipment, and personal safety equipment;

(2) Provide immediate access for all personnel involved in the facility operation to an internal alarm or emergency communication device; and,

(3) Provide for an emergency coordinator.

b. The contingency plan shall be implemented immediately whenever there is a fire, explosion, or release of hazardous constituents which could threaten human health or the environment, and the Department immediately notified using the 24-hour emergency response telephone number.

c. Any unscheduled shutdown that exceeds twenty-four (24) hours shall be reported to the Department's Environmental Quality Control Regional Office of the region in which the facility is located.

10. Guidelines shall be established for identifying any items or materials that shall be removed prior to the incineration process.

11. Trained personnel shall be present at all times during the operation of the facility.

D. Monitoring and Reporting Requirements.

1. Monitoring may be required by the Department, as appropriate, and based on a case-by-case evaluation to ensure protection of the environment.

2. An annual report, on a form provided by, or acceptable to, the Department, shall be submitted to the Department by October 15 for the previous fiscal year (July 1 through June 30,) which includes at a minimum, the following information:
a. Type (i.e., residential, medical, commercial, industrial, special, and other) and total quantity in tons of solid waste received at the facility for the previous fiscal year;

b. The county in South Carolina in which the solid waste originated, or the State if the waste originated outside South Carolina;

c. The transfer station, if applicable; and,

d. A description of the method and quantities of the solid waste, ash, and non-acceptable waste transported off-site for disposal or reuse or recycling.

3. A report containing the following information for ash residue sampling and analyses as outlined in Part IV.D of this regulation, shall be submitted to the Department within sixty (60) days of sample collection:
a. The date and place of sampling and analysis;

b. The names of the individuals who performed the sampling and analysis;

c. The sampling and analytical methods utilized;

d. The results of such sampling and analyses; and,

e. The signature and certification of the report by an appropriate authorized agent for the facility.

4. Upon implementation of the contingency plan, the owner or operator shall immediately notify the Department (using the 24-hour emergency response telephone number) and note, in the operating record and the annual report, the time, date, and details of the incident. Upon request, a written report shall be submitted to the Department that includes the following information:
a. The name, address and telephone number of the operator and the facility;

b. The date, time and type of incident (e.g., fire, explosion, etc.);

c. The type and quantity of materials involved;

d. The extent of injuries, if any;

e. An assessment of actual or potential hazards to human health or the environment, where this is applicable;

f. The estimated quantity and disposition of solid waste, liquids, or material recovered that resulted from the incident; and,

g. The procedures or equipment available to prevent a recurrence of the reported event.

5. Records of all monitoring and reporting information, pursuant to these regulations, shall be maintained for a minimum of at least five (5) years from the sample or measurement date, unless otherwise specified by the Department. These reports shall be made available to Department personnel upon request.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.