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 S - SPECIAL PROVISIONS FOR CLEANUP
Section 61-79.264.S.555 - Disposal of CAMU-eligible wastes in permitted hazardous waste landfills

Universal Citation: SC Code Regs 61-79.264.S.555

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

(a) The Department with regulatory oversight at the location where the cleanup is taking place may approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of RCRA part 268, if the conditions in (a)(1) through (3) are met:

(1) The waste meets the definition of CAMU-eligible waste in 264.552(a)(1) and (2).

(2) The Department with regulatory oversight at the location where the cleanup is taking place identifies principal hazardous constitutes in such waste, in accordance with 264.552(e)(4)(i) and (ii), and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:
(i) The treatment standards under 264.552(e)(4)(iv); or

(ii) Treatment standards adjusted in accordance with 264.552(e)(4)(v)(A), (C), (D) or (E)(1); or

(iii) Treatment standards adjusted in accordance with 264.552(e)(4)(v)(E)(2), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.

(3) The landfill receiving the CAMU-eligible waste must have a RCRA hazardous waste permit, meet the requirements for new landfills in Subpart N, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, "permit" does not include interim status.

(b) The person seeking approval shall provide sufficient information to enable the Department with regulatory oversight at the location where the cleanup is taking place to approve placement of CAMU-eligible waste in accordance with (a). Information required by 264.552(d)(1) through (3) for CAMU applications must be provided, unless not reasonably available.

(c) The Department with regulatory oversight at the location where the cleanup is taking place shall provide public notice and a reasonable opportunity for public comment before approving CAMU eligible waste for placement in an off-site permitted hazardous waste landfill, consistent with the requirements for CAMU approval at 264.552(h). The approval must be specific to a single remediation.

(d) Applicable hazardous waste management requirements in this part, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this section, for CAMU-eligible waste must be incorporated into the receiving facility permit through permit issuance or a permit modification, providing notice and an opportunity for comment and a hearing. Notwithstanding 270.4(a), a landfill may not receive hazardous CAMU-eligible waste under this section unless its permit specifically authorizes receipt of such waste.

(e) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with (d) until the following additional conditions have been met:

(1) The landfill owner/operator notifies the Department responsible for oversight of the landfill and persons on the facility mailing list, maintained in accordance with 124.10(c)(1)(ix), of his or her intent to receive CAMU-eligible waste in accordance with this section; the notice must identify the source of the remediation waste, the principal hazardous constituents in the waste, and treatment requirements.

(2) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the Department within 15 days of notification.

(3) The Department may object to the placement of the CAMU-eligible waste in the landfill within 30 days of notification; the Department may extend the review period an additional 30 days because of public concerns or insufficient information.

(4) CAMU-eligible wastes may not be placed in the landfill until the Department has notified the facility owner/operator that he or she does not object to its placement.

(5) If the Department objects to the placement or does not notify the facility owner/operator that he or she has chosen not to object, the facility may not receive the waste, notwithstanding 270.4(a), until the objection has been resolved, or the owner/operator obtains a permit modification in accordance with the procedures of 270.42 specifically authorizing receipt of the waste.

(6) As part of the permit issuance or permit modification process of (d), the Department may modify, reduce, or eliminate the notification requirements of this as they apply to specific categories of CAMU-eligible waste, based on minimal risk.

(f) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this section must comply with the requirements of 268.7(a)(4); off-site facilities treating CAMU-eligible wastes to comply with this section must comply with the requirements of 268.7(b)(4), except that the certification must be with respect to the treatment requirements of (a)(2) of this section.

(g) For the purposes of this section only, the "design of the CAMU" in 264.552(e)(4)(v)(E) means design of the permitted Subtitle C landfill.

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