South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-107 - Solid Waste Management
Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL
Part I - General Requirements
Section 61-107.19.I.D - Permit Application Process
Universal Citation: SC Code Regs 61-107.19.I.D
Current through Register Vol. 48, No. 9, September 27, 2024
1. Determination of Need and Consistency.
a.
Prior to submittal of a permit application to the Department for a new or
expanded Class Two or Class Three Landfill, the applicant shall provide
documentation of property ownership (e.g., tax map or deed) or proof of
property control (e.g., contract) and request the following determinations by
the Department:
(1) That there is a need for
the proposed landfill or landfill expansion pursuant to Regulation Regulation
61-107.17 and that the
Department has determined the maximum yearly disposal rate pursuant to
Regulation 61-107.17;
(2) That the
proposed landfill or landfill expansion is consistent with the State and
county/region solid waste management plans pursuant to S.C. Section
44-96-290(F);
(3) That the proposed landfill or landfill
expansion is consistent with local zoning, land use, and any other applicable
ordinances pursuant to S.C. Code Section
44-96-290(F);
(4) That the proposed landfill or landfill
expansion meets the buffer requirements set forth in Part IV, B.1.a. of this
Regulation for Class Two landfills and Part V, Subpart B.258.18.a. of this
Regulation for class Three landfills;
b. Where, prior to the effective date of this
regulation, the Department has made determinations required under Part I.D.1.a.
of this regulation, such determinations shall remain applicable and become the
agency's final determination under Part I.D.1, subject to the appeal provision
in Part I.D.1.c and the subsequent public notice and application
process.
c. A Department decision
involving a determination listed herein, may be appealed by an affected person
with standing pursuant to applicable law, including S.C. Code Title 44, Chapter
1; and Title 1, Chapter 23.
2. Public Notification and Participation.
a. Notice of Intent to File a Permit
Application.
(1) Within 15 days of
notification from the Department that all requests for need and consistency
determinations as outlined in Section D.1.a. above have been submitted to the
Department for a new or expanding Class Two or Class Three Landfill, the
applicant shall publish Notice of Intent to File a Permit Application in a
newspaper of general circulation in the area of the proposed landfill project.
The notice shall be published in the legal section of the paper for three
consecutive days. This section does not apply to major permit modifications
that are not expansions of an existing landfill.
(2) The notice shall contain at least the
following:
(a) Name and address of the
applicant;
(b) The location of the
proposed landfill or landfill expansion to include the county, roads and
crossroads;
(c) The town or
community nearest to the proposed landfill or landfill expansion;
(d) The proposed size of the landfill or
landfill expansion, i.e., footprint acreage;
(e) An explanation of the type(s) of waste
that will be accepted;
(f) A
statement that a request has been submitted to the Department for a
determination that there is a need for the proposed landfill or landfill
expansion pursuant to Regulation Regulation
61-107.17 and for a
determination of the maximum yearly disposal rate pursuant to Regulation
61-107.17;
(g) A statement that a
request has been submitted to the Department for a determination that the
proposed landfill or landfill expansion is consistent with the State and
county/region solid waste management plans pursuant to S.C. Section
44-96-290(F);
(h) A statement that a request has been
submitted to the Department for a determination that the proposed landfill or
landfill expansion is consistent with local zoning, land use, and any other
applicable ordinances pursuant to S.C. Code Section
44-96-290(F);
(i) A statement that a request has been
submitted to the Department for a determination that the proposed landfill or
landfill expansion meets the buffer requirements set forth in Part IV, B.1.a.
of this Regulation for Class Two landfills and Part V, Subpart B.258.18.a. of
this Regulation for Class Three landfills;
(j) Department locations (Central Office and
appropriate Regional Office) where a copy of these documents can be viewed
during normal working hours; and,
(k) The Department's address and contact name
for submittal of inquiries and placement of name on the Department's mailing
list for future decisions.
(3) No permit application may be accepted by
the Department for filing unless accompanied by documentation from the
newspaper that publication has been made.
(4) No later than the first date of
publication in the newspaper, the applicant shall mail a copy of the Notice of
Intent to File a Permit Application by certified mail, return receipt
requested, to all adjoining landowners of the proposed landfill or landfill
expansion.
b. Notice of
Draft Determinations of Need and Consistency Under Section D.1.a. Above.
(1) For Class Two and Class Three landfills,
the Department will publish a notice when the draft determinations are ready
for review for all new or expanded landfills. This notice will be published in
a newspaper of general circulation in the area of the proposed landfill and
sent to affected persons who have asked to be notified. The notice will list
locations where a copy of the draft determinations can be reviewed. The public
will have a 30-day period to review the draft determinations and submit
comments to the Department, pursuant to the Administrative Procedures Act, SC
Code Section
1-23-10 et
seq.
(2) Public Hearings for Draft
Determinations.
(a) The Department will
conduct a public hearing upon receipt of requests in writing by ten (10)
persons or by a governmental subdivision or agency or by an association having
not less than ten members.
(b) A
request for a public hearing must be mailed (postmarked) to the Department
during the 30 day comment period and shall be based on technical reasons
relating to siting, design, or operation of the landfill. The Department will
send a notice acknowledging receipt of a request for a public hearing to the
applicant and to the person(s) requesting a hearing within 15 days following
receipt of the request. The Department will publish a notice of the time, date,
and location of the hearing.
(3) Notice of Department Determinations.
After close of the public comment period on the draft determination and the
public hearing, if held, the Department will issue a Department Decision.
Notice of the Department Decision will be sent by certified mail, return
receipt requested, to the applicant. Notice of the Department's decision will
be sent by regular mail, unless certified mail is requested, to affected
persons who have asked to be notified, to all persons who commented in writing
to the Department, and to all persons who attended the public hearing, if held.
However, if the Department determines that members of the same group or
organization have submitted comments or a petition, the Department may only
notify all group leaders and petition organizers by certified mail, return
receipt requested. The Department will ask these leaders and organizers to
notify members of their groups or any concerned citizens who signed the
petitions. The Department will also publish notice of the Department Decision
in a newspaper of general circulation in the area of the proposed activity. The
Department's notice will include instructions on how to request a final review
conference and the time frame for filing such a request.
c. Notice of Filing Permit Application.
(1) Notice of all applications submitted to
the Department for the initial construction and major modifications of Class
Two and Class Three landfills shall be published by the applicant once in a
newspaper of general circulation in the area of the proposed landfill project.
Notice for Class Two landfill application shall be published as provided in
Part IV, Section H.3. Notice for new Class Three landfills that accept
municipal solid waste shall be published as provided in S. C. Code Section
44-96-470
and Part V, Subpart H.3.a. of this regulation within 15 days of filing the
permit application. Notice for all other new Class Three landfills shall be
published as provided in Part V, Subpart H.3.b.
(2) All notices shall contain the following:
(a) Name and address of the
applicant;
(b) The location of the
proposed activity to include the county, roads and crossroads. (Class Three
landfills shall provide a location map of the proposed site);
(c) The nature of the proposed
activity;
(d) A description of the
proposed site or a description of the proposed major modification;
(e) An explanation of the type(s) of waste
that will be accepted;
(f)
Department locations (Central Office and appropriate Regional Office) where a
copy of the permit application or draft permit, as appropriate, can be viewed
during normal working hours;
(g)
The Department's address and contact name for submittal of comments and
inquires;
(h) The approximate
tonnage/year expected for disposal at the landfill; and,
(i) The proposed life of the
landfill.
(3) The
Department will send a notice of receipt of the permit application by regular
mail to all adjoining landowners of the proposed landfill.
d. Public notification requirements for Class
One landfills are defined in Part III, Section B.4.
e. Notice of Draft Permit. For Class Two and
Class Three landfills, the Department will publish a notice when the draft
permit is ready for review for all new landfills and for major modifications as
determined by the Department. This notice will be published in a newspaper of
general circulation in the area of the proposed landfill and will be sent to
affected persons who have asked to be notified. The notice will list locations
where a copy of the draft permit can be reviewed. The public will have a 30-day
period to review the draft permit and submit comments to the Department,
pursuant to the Administrative Procedures Act, SC Code Section
1-23-10 et
seq.
f. Public Hearings for Draft
Permits.
(1) The Department will conduct a
public hearing upon receipt of requests in writing by ten (10) persons or by a
governmental subdivision or agency or by an association having not less than
ten members.
(2) A request for a
public hearing must be mailed (postmarked) to the Department during the 30 day
comment period and shall be based on technical reasons relating to siting,
design, or operation of the landfill. The Department will send a notice
acknowledging receipt of a request for a public hearing to the applicant and to
the person(s) requesting a hearing within 15 days following receipt of the
request. The Department will publish a notice of the time, date, and location
of the hearing.
g.
Notice of Department Decision on the Permit. After close of the public comment
period on the draft permit and the public hearing, if held, the Department will
issue a Department Decision. Notice of the Department Decision will be sent by
certified mail, return receipt requested, to the applicant. Notice of the
Department's decision will be sent by regular mail, unless certified mail is
requested, to affected persons who have asked to be notified, to all persons
who commented in writing to the Department, and to all persons who attended the
public hearing, if held. However, if the Department determines that members of
the same group or organization have submitted comments or a petition, the
Department may only notify all group leaders and petition organizers by
certified mail, return receipt requested. The Department will ask these leaders
and organizers to notify members of their groups or any concerned citizens who
signed the petitions. The Department will also publish notice of the Department
Decision in a newspaper of general circulation in the area of the proposed
activity. The Department's notice will include instructions on how to request a
final review conference and the time frame for filing such a
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.
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