South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subpart F - GROUNDWATER PROTECTION RELEASES FROM SOLID WASTE MANAGEMENT UNITS
Section 61-79.264.F.93 - Hazardous constituents

Universal Citation: SC Code Regs 61-79.264.F.93

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

(a) The owner or operator shall specify in permit application the hazardous constituents to which the groundwater protection standard of Section264.92 applies. Hazardous constituents are constituents identified in Appendix VIII of R.61-79.261 that have been detected in groundwater in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from the waste contained in a regulated unit, unless the Department has granted exclusion of a constituent or constituents under paragraph (b) of this section.

(b) The Department will consider exclusion of an Appendix VIII constituent from the list of hazardous constituents specified in the permit application if the owner or operator can demonstrate to the Department that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In making such demonstration, the owner or operator shall consider the following:

(1) Potential adverse effects on groundwater quality, considering:
(i) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;

(ii) The hydrogeological characteristics of the facility and surrounding land;

(iii) The quantity of groundwater and the direction of groundwater flow;

(iv) The proximity and withdrawal rates of groundwater users;

(v) The current and future uses of groundwater in the area;

(vi) The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality;

(vii) The potential for health risks caused by human exposure to waste constituents;

(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(ix) The persistence and permanence of the potential adverse effects; and,

(2) Potential adverse effects on hydraulically-connected surface water quality, considering:
(i) The volume and physical and chemical characteristics of the waste in the regulated unit;

(ii) The hydrogeological characteristics of the facility and surrounding land;

(iii) The quantity and quality of groundwater, and the direction of groundwater flow;

(iv) The patterns of rainfall in the region;

(v) The proximity of the regulated unit to surface waters;

(vi) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;

(vii) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality;

(viii) The potential for health risks caused by human exposure to waste constituents;

(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and,

(x) The persistence and permanence of the potential adverse effects.

(c) In making any determination under paragraph (b) of this section about the use of groundwater in the area around the facility, the Department will consider any identification of underground sources of drinking water and exempted aquifers made under Section 48-1-50 of the Code of Laws.

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