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.D - Demonstration-of-Need Application Process

Universal Citation: SC Code Regs 61-107.17.D

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

1. Prior to submitting a permit application to the Department for a new or expansion of an existing Class Two solid waste landfill, Class Three solid waste landfill, solid waste incinerator, or solid waste processing facility that processes waste destined for disposal at a Class Three solid waste landfill, the applicant shall submit to the Department a demonstration-of-need request that includes the following information:

a. The name of the facility. This name will be used in future correspondence to identify the facility;

b. Applicant contact information to include the following:
(1) Name of applicant;

(2) Address;

(3) Telephone number;

(4) Fax number; and,

(5) E-mail address (optional);

c. The geographical coordinates of the facility using the geographic center of the incinerator or processing facility as the reference point, or the geometric center of the landfill footprint as the reference point, as well as a brief description of the location. For expansions, the reference point shall be the center of the facility as assigned by the Department. Use either latitude/longitude coordinate system in degrees, minutes and seconds (preferred) or the Universal Transverse Mercator (UTM) coordinate system. Describe the method for determining coordinates;

d. The type facility, i.e., Class Two solid waste landfill, Class Three solid waste landfill, solid waste incinerator, or solid waste processing facility;

e. The annual disposal rate or throughput, as applicable, in tons/year (specify the desired annual tonnage within the applicable limits);

f. The name of the host county/region; and,

g. The applicant's signature.

2. In determining if there is a need for a new or expansion of an existing solid waste management facility, the Department will use the following criteria:

a. Where there are at least two (2) commercial solid waste management facilities of the same type within the planning area, no new capacity shall be allowed. Landfills in post-closure shall not be considered in determining need.

b. The Department reserves the right to review additional factors in determining need on a case-by-case basis.

3. In determining the maximum allowable yearly disposal rate for Class Three or Class Two solid waste landfills, the Department will use the following criteria:

a. Each new Class Three solid waste landfill permitted after the effective date of this regulation shall be initially allowed up to a maximum yearly disposal rate equal to the total amount of solid waste generated in the planning area for disposal in Class Three landfills as follows, unless otherwise provided in section C.6:
(1) 100 percent of the host county; and,

(2) 50 percent of each county, other than the host county, that falls wholly or partially within the 75-mile radius that does not have a Class Three landfill that accepts municipal solid waste located in that county.

(3) Solid waste generated in counties, other than the host county, that have at least one Class Three Landfill, is not counted in this calculation.

b. Each new Class Two solid waste landfill permitted after the effective date of this regulation shall be initially allowed up to a maximum yearly disposal rate equal to the total amount of solid waste generated in the planning area for disposal in Class Two Landfills as follows, unless otherwise provided in section C.6:
(1) 100 percent of the host county; and,

(2) 30 percent of each county, other than the host county, that falls wholly or partially within the 20-mile planning radius.

c. An existing Class Three solid waste landfill operating within 20 percent of the permitted yearly disposal rate stated in the current permit, as documented in the most recently published S.C. Solid Waste Management Annual Report when the request is made, may submit a request for an increase in the permitted yearly disposal rate and will be allowed to increase the maximum yearly disposal rate based on the following:
(1) A Class Three landfill that has a permitted annual disposal rate greater than 30 percent of the total amount of waste generated in all jurisdictions subject to the provisions of a county or regional plan pursuant to S.C. Code Section 44-96-80 that is destined for disposal in Class Three Landfills shall not receive any increase in its yearly annual disposal rate;

(2) A Class Three Landfill that has a permitted annual disposal rate less than or equal to 30 percent pursuant to Section D.3.c(1) shall receive the lesser of either: (a) 150,000 tons or (b) the increase in waste generated by all jurisdictions that are subject to the provisions of a county or regional plan pursuant to S.C. Code Section 44-96-80 for disposal at Class Three Landfills, since the last increase in the permitted annual disposal rate at said landfill, as reported in the most recently published S.C. Solid Waste Management Annual Report when the request is made.

d. An existing Class Two solid waste landfill operating within 20 percent of the permitted yearly disposal rate stated in the current permit, as documented in the most recently published S.C. Solid Waste Management Annual Report when the request is made, shall be allowed to increase the maximum yearly disposal rate based on the following:
(1) The lesser of either: (a) 50,000 tons or (b) the increase in waste generated in the planning area for disposal at Class Two landfills, since the last increase in the permitted annual disposal rate for said landfill, as reported in the most recently published S.C. Solid Waste Management Annual Report when the request is made or,

(2) A variance to the permitted annual disposal rate may be granted for a specified term, corresponding to the need, in the event of an emergency or documented large project with a specified term, as determined solely by the Department. This temporary increase in annual disposal rate, if granted, is not considered by the Department when determining if a facility is within 20 percent of its permitted annual disposal rate.

e. In determining the amount of solid waste destined for disposal and solid waste generation amounts, the Department will use figures reflecting the previous fiscal year amount of solid waste as reported in the most recently published S.C. Solid Waste Management Annual Report, when the request is made, for the appropriate waste, (e.g. Class Two, Class Three, etc.). Annual disposal rates for facilities permitted prior to the effective date of this regulation shall not be reduced pursuant to Section D of this regulation.

4. The maximum allowable yearly throughput of a solid waste processing facility that processes waste destined for disposal at a Class Three solid waste landfill shall be equal to the total amount of solid waste destined for disposal that is generated in the host county and 50 percent of the waste generated in each county other than the host county, that falls wholly or partially within the 75-mile planning radius.

5. The yearly throughput for a solid waste incinerator shall be based on the manufacturer's design of the incinerator but shall not exceed 600 tons per day.

6. Variance in regard to demonstration of need. The Department shall grant a variance to the requirements of D.2 for Class Two and Class Three solid waste landfills according to the following conditions:

a. An operating Class Two or Class Three landfill shall receive a variance to construct a replacement Class Two or Class Three landfill at its permitted annual rate of disposal provided it meets all of the following conditions:
(1) For a Class Three landfill only, the primary business of the landfill since it began operation has been the disposal of "household waste" and "commercial waste" as defined in S.C. Regulation section61-107.19.

(2) The landfill has a permit issuance date on or before the effective date of this Regulation.

(3) The landfill exhausts its permitted capacity at its current location (see 6.e below for timing).

(4) For the purpose of considering the location of a replacement facility under this section, the location for the replacement facility must be within the facility's existing planning area, provided that, if the planning area includes a portion of a county, the entire county will be considered to be part of the planning area. A Class Two or Class Three landfill, once replaced as provided for in Section D. 6.a., is no longer eligible to receive a variance for replacement under this section.

b. A Class Two or Class Three landfill shall receive a variance to expand the volume of an existing facility.

c. A facility receiving a variance under this section must meet the requirements of S.C. Regulation section61-107.19 prior to receiving a permit.

d. No variance under this section will be granted to a facility that is under a unilateral administrative order issued by the Department until the issues associated with said order have been resolved.

e. An eligible facility shall apply to the Department for a variance to replace or expand the volume of an existing facility prior to exhausting: (1) its permitted capacity, or (2) the operational life of the facility. A facility shall not operate under an expansion variance and a replacement variance simultaneously, with the exception of a reasonable transition period as determined by the Department. A reasonable transition period is considered to be approximately one hundred eighty (180) calendar days.

7. The Department will advise the applicant and the host county or region in writing of its demonstration-of-need determination. Notice of the Department's demonstration-of-need determination for Class Two and Three landfills must be given in accordance with S.C. Regulation section61-107.19.

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