South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-107 - Solid Waste Management
Subchapter 61-107.15 - Solid Waste Management: Land Application of Solid Waste
Section 61-107.15.C - General Provisions

Universal Citation: SC Code Regs 61-107.15.C

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

The land application of all solid wastes, i.e., Classes I, II, III & IV shall be in accordance with the requirements established in this section unless otherwise stated.

1. Open dumping of solid waste is prohibited. Land application shall only be approved on land being managed for agricultural, silvicultural, or horticultural production and land reclamation projects.

2. Solid waste shall not be land applied except in accordance with the requirements established in this regulation.

3. The Department may impose more stringent requirements based on scientific and/or technical data than those established in this regulation or may issue variances on a case-by-case or site-specific basis when necessary to protect human health and/or the environment from unintended consequences associated with site characteristics or unusual characteristics of a specific solid waste.

4. The land application of solid waste shall adhere to all Federal, State and local zoning, land use and other applicable ordinances, regulations and laws.

5. If at any time the Department obtains quantitative data indicating that land application of solid waste poses an actual or potential threat to public health or the environment, or to threatened or endangered species, upon notification by the Department, the generator, applicator, and landowner shall cease activities, evaluate the extent of the problem, and implement a corrective action program approved by the Department.

6. All vehicles used to transport solid waste for the purpose of land application shall be constructed and maintained so as to minimize dropping, sifting, blowing or other escapement of solid waste from the vehicle and shall be maintained and operated in accordance with all local, State, and Federal regulations.

7. Solid waste shall not be applied to flooded, ponded, frozen or snow-covered grounds.

8. Unless part of a normal or ongoing agricultural, silvicultural or horticultural operation, exempted by 33 USC 1345 of the Clean Water Act, land application of solid waste shall be in compliance with the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency requirements concerning wetlands.

9. For all wastes with the exception of Class III (i.e., cotton gin trash, cotton mote waste, bark, flume grit, etc.) a twelve (12) inch separation from the water table and the solid waste application zone shall be maintained during the actual application period. For Classes II and IV, the presence of the water table shall be determined based on interpretation of the data from a minimum of three (3) hand auger borings at least three (3) inches in diameter to a depth of two (2) feet. These holes shall be bored at the lowest point in the proposed application area and at two (2) other points in the proposed application area. The borings shall be covered and allowed to stand for twenty-four (24) hours. The water level in the borings shall be reported to the Department with the permit request.

10. The waste generator of Classes I and III shall ensure that the boundary of application shall not extend closer than the buffers outlined below. Variances may be requested and granted on a case-by-case basis upon submittal of written documentation that the variance will not cause an environmental or public health concern. (The buffer requirements for Classes II and IV are outlined in Sections E. and G. of this regulation.)

a. Fifty (50) feet of any property line. When the property borders a paved public two-lane road, the application shall not extend closer than fifty (50) feet from the center of the road;

b. One hundred (100) feet of any residence;

c. Five hundred (500) feet of any school, day-care center, hospital or recreational park area;

d. One hundred (100) feet of any surface water body; and,

e. One hundred (100) feet of drinking water wells.

11. The land application of solid waste shall be conducted in a manner to:

a. Inhibit the harborage of flies, rodents, and other vectors;

b. Prevent conditions for transmission of diseases to man and/or animals;

c. Minimize runoff, prevent water pollution and prevent the escape of the solid waste to waters of the State; and,

d. Minimize objectionable odors, dust, unsightliness, and aesthetically objectionable conditions, and prevent the accumulation of materials in an untidy and unsafe manner so as to become a fire, human health, environmental, and/or safety hazard.

12. Analyses of Class I, II and IV solid wastes required by this regulation for any parameter shall be analyzed by a laboratory certified for those parameters by the State Environmental Laboratory Certification Program unless otherwise noted in the regulation.

13. Solid wastes shall not be land applied when cumulative lifetime loads for heavy metals exceed the limits outlined below.

CUMULATIVE LIFETIME LOADING RATES

Metal

lb/ac

kg/ha

arsenic

37

41

cadmium

35

39

copper

1370

1500

lead

274

300

mercury

15

17

nickel

383

420

selenium

91

100

zinc

2550

2800

The Department may delete the requirement for any of the analyses for metals listed above if it can be demonstrated that a metal(s) is not expected to be contained in or derived from the waste to be land applied in concentrations and amounts that would cause environmental pollution or deterioration of soil quality. Likewise, the Department may require analysis of additional parameter(s) if it is demonstrated that a metal is expected to be contained in or derived from the waste to be land applied at a level that could present environmental and health problems at the proposed rate of application.

14. If other wastes are subsequently applied to the proposed location, documentation to include soil analyses performed by a Certified Laboratory shall be submitted to the Department with the annual report to show that the cumulative metal loads have not been exceeded.

15. The generator shall notify the Department prior to any changes in fuel source, process operations, or other changes that may alter the chemical characteristics of the waste.

16. The temporary storage of Class I and Class II solid wastes at the application site shall be limited to the amount designated for use at that location, and shall comply with the criteria outlined below if storage exceeds seven (7) days. (Temporary storage requirements for Class III and Class IV are outlined in Sections F. and G. respectively in this regulation.)

a. Temporary storage at the application site shall not exceed ninety (90) days;

b. Earthen dikes, berms or other suitable barriers shall be constructed around the perimeter of the storage area to minimize off-site movement of the waste materials;

c. Monitoring wells around the perimeter of the storage area may be required on a case-by-case basis upon written notification from the Department based on consideration of the type of waste, the amount of solid waste to be stored, topography of the land, and the potential impact to groundwater, etc. Any analyses required shall be performed by a Certified Laboratory;

d. Unless otherwise approved by the Department, materials to be stored for longer than thirty (30) days shall be covered with an impermeable barrier; and,

e. Temporary storage locations shall be reclaimed within one (1) year of construction by re-establishing the original groundline, incorporating into the soil any small amounts of residual materials by disking or plowing and revegetating the area for soil stabilization.

17. Solid waste being land applied shall be spread uniformly over the entire acreage approved for receipt of the waste at the rate approved for application. This is not intended to preclude banding or other commonly accepted methods routinely used for application of materials to soil for crop and silvicultural production purposes.

18. For a solid waste not specifically addressed in this regulation, a request and application for a permit to land apply the said waste shall be submitted to the Department. For the purposes of this regulation, the Department will classify solid waste for land application into the following four (4) categories:

a. Class I. Those solid wastes which require permitting by the Department prior to land application of that waste, e.g., wood ash, coal ash, green liquor dregs, and slaker grit.

b. Class II. Those solid wastes which, due to lack of substantiating data needed to calculate agronomic rate or to document that the material is non-toxic to plants, require issuance of a Department Research, Development, and Demonstration Permit pursuant to R.61-107.10.

c. Class III. Those solid wastes which require the generator to register the solid waste to be applied with the Department prior to any application, and subsequent notification to the Department prior to each application in lieu of permitting, e.g., cotton mote waste, cotton gin trash, bark, woodyard waste, flume grit.

d. Class IV. Those solid wastes used in land reclamation and other projects when the application rate exceeds ten (10) dry tons per acre per year and scientific/technical data is submitted to document the proposed application rate will have no detrimental impact on the environment and public health, and is non-toxic to plants and wildlife normally associated with the crop ecosystem. Class IV solid wastes require permitting by the Department prior to application.

19. The Department may reclassify waste from one class to another based on sound scientific data.

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.