South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.270 - PERMIT REQUIREMENTS
Subpart A - GENERAL INFORMATION
Section 61-79.270.A.2 - Definitions
The following definitions apply to R.61-79.270 and R.61-79.124. Terms not defined in this section have the meaning given by those included in R.61-79.260 Subpart B and by S.C. Hazardous Waste Management Act Section 44-56-10 et al.
"Application" means the standard forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by the Department, including any approved modifications or revisions. Application also includes the information required by the Department under Sections270.14 through 270.29 (contents of Part B of the application).
Aquifer means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
"Closure" means the act of securing a Hazardous Waste Management facility pursuant to the requirements of Part 264.
"Component" means any constituent part of a unit of any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
"Corrective Action Management Unit" or "CAMU" means an area within a facility that is designated by the Department under part 264 subpart S, for the purpose of implementing corrective action requirements under Section264.101 and RCRA section3008(h)(h). A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
"CWA" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground water.
"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on the land or water, and at which hazardous waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed. (revised 12/92)
"Draft permit" means a document prepared under R.61-79.124.6 indicating the tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in Section124.5, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in Section124.5 is not a "draft permit." A proposed permit is not a draft permit.
"Elementary neutralization unit" means a device which:
(a) is used for neutralizing wastes only because they exhibit the corrosivity characteristic defined in 261.22, or are listed in 261 Subpart D only for this reason; and
(b) meets the definition of tank, tank system, container, transport vehicle, or vessel in 260.10.
"Emergency permit" means a permit issued in accordance with Section270.61.
Environmental Protection Agency (EPA) means the United States Environmental Protection Agency.
EPA means the United States Environmental Protection Agency.
Existing hazardous waste management (HWM) facility or existing facility means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
(a) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
(b)
(1) A continuous onsite, physical construction program has begun; or
(2) The owner or operator has entered into contractual obligations which cannot be canceled or modified without substantial loss for physical construction of the facility to be completed within a reasonable time.
"Facility" or "activity" means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under these regulations.
"Facility mailing list" means the mailing list for a facility maintained by the Department in accordance with 124.10 (amended 11/90; edited 12/95 ; 5/96).
"Federal, State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.
"Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.
Generator means any person, by site location, whose act, or process produces hazardous waste identified or listed in part 261.
Ground water means water below the land surface in a zone of saturation.
Hazardous waste means a hazardous waste as defined in 261.3.
"Hazardous Waste Management facility (HWM facility)" means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combinations of them).
HWM facility means Hazardous Waste Management facility.
Injection well means a well into which fluids are being injected.
In operation means a facility which is treating, storing, or disposing of hazardous waste.
"Interim authorization" means approval by EPA of a State hazardous waste program which has met the requirements of section3006(g)(2)(g)(2) of RCRA and applicable requirements of part 271, subpart B. (added 5/96)
Manifest means the shipping document originated and signed by the generator which contains the information required by subpart B of part 262.
"Major facility" means any facility or activity classified by the Department.
National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections307, 402, 318, and 405 of the CWA. The term includes an approved program.
NPDES means National Pollutant Discharge Elimination System.
New HWM facility means a Hazardous Waste Management facility which began operation or for which construction commenced after November 19, 1980.
"Offsite" means any site which is not onsite.
Onsite means on the same or geographically contiguous property which may be divided by public or private right(s) of way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right(s) of way. Noncontiguous properties owned by the same person but connected by a right of way which the person controls and to which the public does not have access, is also considered onsite property.
Owner or operator means the owner or operator of any facility or activity subject to regulation under RCRA.
"Permit" means an authorization, license, or equivalent control document issued by the Department to implement the requirements of this Part and R.61-79.124. Permit includes permit by rule (270.60), and emergency permit (270.61). Permit does not include interim status (subpart G of this part), or any permit which has not yet been the subject of final agency action, such as a draft permit or a proposed permit.
"Permit-by-rule" means a provision of these regulations stating that a facility or activity is deemed to have a RCRA permit if it meets the requirements of the provision.
Person means an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof.
"Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.
"POTW" means publicly owned treatment works.
"Publicly owned treatment works (POTW)" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
RCRA means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 ( Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.)
Remedial Action Plan (RAP) means a special form of hazardous waste permit that a facility owner or operator may obtain instead of a permit issued under 270.3 through 270.66, to authorize the treatment, storage or disposal of hazardous remediation waste (as defined in 260.10) at a remediation waste management site.
"Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the S.C. Hazardous Waste Management Act and regulations.
"SDWA" means the Safe Drinking Water Act.
"Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
Storage means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed, or stored elsewhere.
"Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
Transporter means a person engaged in the offsite transportation of hazardous waste by air, rail, highway or water.
Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste nonhazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
"UIC" means the Underground Injection Control program.
"Underground injection" means a well injection.
"Underground source of drinking water (USDW)" means an aquifer or its portion:
(a)
(1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of groundwater to supply a public water system; and
(i) Currently supplies drinking water for human consumption; or
(ii) Contains fewer than 10,000 mg/l total dissolved solids; and
(b) Which is not an exempted aquifer.
"USDW" means underground source of drinking water.
"Wastewater treatment unit" means a device which:
(a) Is part of a wastewater treatment facility which is subject to regulation under either section402 or 307(b) of the Clean Water Act; and
(b) receives and treats or stores an influent wastewater which is a hazardous waste as defined in 261.3, or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in 261.3, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in 261.3; and (c) Meets the definition of tank or tank system in 260.10. (amended 11/90)
