South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-107 - Solid Waste Management
Subchapter 61-107.17 - Solid Waste Management: Demonstration-of-Need
Section 61-107.17.A - Applicability

Universal Citation: SC Code Regs 61-107.17.A

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

1. This regulation establishes the criteria for the demonstration-of-need for the construction of new and the expansion of existing commercial Class Two solid waste landfills, commercial Class Three solid waste landfills, commercial solid waste incinerators, and commercial solid waste processing facilities that process waste destined for disposal at Class Three solid waste landfills. Any solid waste management facility type listed herein that no longer has a valid permit to operate prior to the effective date of this regulation and attempts to reopen after the effective date of this regulation shall be considered a new facility and shall be required to demonstrate need pursuant to this regulation. Any existing facility that requests a change in classification or commercial status shall be considered a new facility and required to demonstrate need pursuant to this regulation. Commercial Class Three solid waste landfills permitted to accept only industrial waste that request approval to accept municipal solid waste shall be considered a new facility and required to demonstrate need pursuant to Sections C and D of this regulation.

2. This regulation does not apply to:

a. Class Two solid waste landfills, Class Three solid waste landfills, solid waste incinerators, or solid waste processing facilities that accept only waste generated in the course of normal operations on property under the same ownership or control as the solid waste management facility if the facility is classified as a non-commercial solid waste management facility. All other solid waste management facilities for the purpose of demonstrating need shall be considered commercial facilities;

b. Facilities that handle hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA) and R.61-79, Hazardous Waste Management Regulations, and infectious waste as defined by R.61-105, Infectious Waste Management Regulations;

c. Air curtain incinerators that receive only wood waste and yard trash;

d. The processing of waste at the source of generation; and,

e. The processing of waste at permitted Class Three solid waste landfills destined for disposal at the landfill.

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