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.B - Definitions for the Purposes of this Regulation

Universal Citation: SC Code Regs 61-107.17.B

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

1. "Class Two solid waste landfills" means those landfills as described in Part IV, Section A of Regulation section61-107.19. Solid Waste Management: Solid Waste Landfills and Structural Fill.

2. "Class Three solid waste landfills" means those landfills as described in Part V, Subpart A of Regulation section61-107.19.

3. "Commercial solid waste management facility" means for the purposes of this regulation, all solid waste management facilities with the exception of non-commercial facilities.

4. "County or Regional Solid Waste Management Plan" means a solid waste management plan prepared, approved, and submitted by either a single county or a region, i.e., a group of counties, pursuant to the Solid Waste Policy and Management Act, S.C. Code Section 44-96-80 (1976, as amended).

5. "Consistency determination" means for the purposes of this regulation, a Department decision that a proposed solid waste project is or is not consistent with:

a. State and County/Region Solid Waste Management Plans;

b. Local zoning and land-use ordinances and regulations based on due consideration of written documentation from an appropriate local government official verifying that applicable local requirements have been met;

c. All other applicable local ordinances; and,

d. Buffer requirements pursuant to the appropriate Department regulation, e.g. Regulation sections 61-107.19, Part IV.B.1.a for Class Two solid waste landfills;61-107.19, Part V, Subpart B.258.18.a for Class Three solid waste landfills; 61-107.12.E.8 for Solid Waste Incinerators; and 61-107.6.E.8 for Solid Waste Processors.

6. "Department" means the South Carolina Department of Health and Environmental Control.

7. "Disposal rate" means the total amount, either by tonnage or volume, of waste received at the solid waste disposal facility on a fiscal year (July 1 - June 30) basis.

8. "Expand" or "Expansion" means any increase in the permitted volumetric capacity of an existing solid waste management facility.

9. "Non-commercial solid waste management facility" means a facility that manages only solid waste that is generated in the course of normal operations on property under the same ownership or control as the solid waste management facility.

10. "Planning area" means the area around a solid waste management facility that is used for determining the need for new and expansions of existing facilities.

11. "Region" means a group of counties which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the Department pursuant to S.C. Code Section 44-96-80 (1976, as amended).

12. "Solid waste" means any garbage, refuse, or sludge from a waste treatment plant, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities. This term does not include solid or dissolved material in domestic sewage, recovered materials, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1964, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations or refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.

13. "Solid waste incinerators" means any engineered device used in the process of controlled combustion of solid waste for the purpose of reducing the volume, and/or reducing or removing the hazardous potential of the waste charged by destroying combustible matter leaving the noncombustible ashes, material and/or residue. For the purposes of this regulation, solid waste pyrolysis facilities, waste-to-energy facilities burning solid waste used for energy recovery, and air curtain incinerators that burn only wood waste and yard trash are not included in this definition.

14. "Solid waste management facilities" means Class Two solid waste landfills, Class Three solid waste landfills, solid waste incinerators, and solid waste processing facilities that process waste destined for disposal at Class Three solid waste landfills.

15. "State Solid Waste Management Plan" means the plan which the Department of Health and Environmental Control is required to submit to the General Assembly and to the Governor pursuant to S.C. Code Section 44-96-60 (1976, as amended).

16. "Solid waste processing facility" means those facilities as defined in Regulation section61-107.6, Solid Waste Management: Solid Waste Processing Facilities.

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.
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