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.F - Permit Applicant Requirements
Universal Citation: SC Code Regs 61-107.19.I.F
Current through Register Vol. 48, No. 9, September 27, 2024
1. Disclosure. Prior to issuance of a Department permit for Classes One, Two, and Three landfills, a disclosure statement, pursuant to S.C. Code Section 44-96-300 and in a format approved by the Department, shall be submitted to the Department. The Department may accept one disclosure statement for multiple facility permit applicants. This requirement shall not apply if the applicant is a local government or a region comprised of local governments. The disclosure statement shall contain the following information with regard to the applicant and his responsible parties:
a. The
full name, business address, and social security number of all responsible
parties;
b. A description of the
experience and credentials, including any past or present permits or licenses
for the collection, transportation, treatment, storage, or disposal of solid
waste issued to or held by the applicant within the past five years;
c. A listing and explanation of all
convictions by final judgment of a responsible party in a state or federal
court, whether under appeal or not, of a crime of moral turpitude punishable by
a fine of five thousand dollars ($5,000.00) or more or imprisonment for one
year or more, or both, within five years immediately preceding the date of the
submission of the permit application;
d. A listing and explanation of all
convictions by final judgment of a responsible party in a state or federal
court, whether under appeal or not, of a criminal or civil offense involving a
violation of an environmental law punishable by a fine of five thousand dollars
($5,000.00) or more or imprisonment for one year or more, or both, in a state
or federal court within five years of the date of submission of the permit
application;
e. A listing and
explanation of the instances in which a disposal facility permit held by the
applicant was revoked by final judgment in a state or federal court, whether
under appeal or not, within five years of the date of submission of the permit
application;
f. A listing and
explanation of all adjudications of the applicant for having been in contempt
of any valid court order enforcing any federal environmental law or any state
environmental law relative to the activity for which the permit is being
sought, within five years of the date of submission of the permit application;
and,
g. If a responsible party of
an applicant is a chartered lending institution or a publicly held corporation
reporting under the Federal Securities and Exchange Act of 1934 or a
wholly-owned subsidiary of a publicly held corporation reporting under the
Federal Securities and Exchange Act of 1934, the information required under
S.C. Code Section
44-96-300(A)(6),
such responsible party shall submit to the Dept. reports covering its structure
and operations as required by the chartering body or the Federal Securities and
Exchange Commission. The Department is authorized to require a responsible
party to provide such additional information to the Department as is reasonably
necessary to make the determinations provided for in S.C. Code Section
44-96-300.
2. Permittee Requirements.
a. The permittee is required to notify the
Department by certified mail within 10 days of any of the following conditions:
(1) Commencing a voluntary or involuntary
proceeding in bankruptcy, naming the permittee as debtor;
(2) The sale of the holder of the permit or
approval;
(3) The sale of the
permitted or approved facility; or,
(4) The dissolution of the holder of the
permit or approval.
b.
Transfer of Ownership.
(1) The Department
may, upon written request, transfer a permit to a new permittee where no other
change in the permit is necessary. The proposed new owner of a permitted
landfill shall, prior to the scheduled change in ownership, submit to the
Department:
(a) Documentation of the new
owner's name and address.
(b)
Documentation of the name and address of the party responsible for the
operation and maintenance of the landfill, if different from the
owner.
(c) A written agreement
signed by both parties indicating the intent to change ownership or operating
responsibility of the facility. The agreement shall contain:
i. A specific date for the transfer of permit
responsibility; and,
ii. A
statement that the new permittee will operate the landfill in accordance with
the existing permit in effect at the time of transfer.
(d) Documentation of financial assurance as
required in Part I, Section E. of this regulation. The previous owner shall
maintain financial assurance responsibilities until the new owner can
demonstrate satisfactory compliance with Part I, Section E. of this
regulation.
(e) A Disclosure
Statement for the new owner pursuant to Subsection F.1. above.
(2) Upon approval of all items
required by Subsection F.2.b. (1) above, the Department shall transfer the
permit from the original owner of the landfill to the new owner.
(3) A request for a permit modification shall
be submitted with the transfer of ownership request, if the landfill will not
be operated in accordance with the approved plans. The permit modification
shall be in accordance with all provisions of this regulation.
(4) The new owner shall submit legal
documentation of the transfer of ownership of the landfill within 15 days of
the actual transfer.
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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