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 G - INTERIM STATUS
Section 61-79.270.G.70 - Qualifying for interim status

Universal Citation: SC Code Regs 61-79.270.G.70

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

(a) Any person who owns or operates an "existing HWM facility" or a facility in existence on the effective date of statutory or regulatory amendments under the Act that render the facility subject to the requirement to have a permit under this regulation shall have interim status and shall be treated as having been issued a permit to the extent he or she has:

(1) Complied with the requirements of Section 44-56-120 of the S. C. Hazardous Waste Management Act pertaining to notification of hazardous waste activity and section3010(a)(a) of RCRA pertaining to notification of hazardous waste activity. (revised 12/92)

[Comment: Some existing facilities may not be required to file a notification under section3010(a)(a) of RCRA. These facilities may qualify for interim status by meeting paragraph (a)(2) of this section.] (revised 12/92)

(2) Complied with the requirements of Section270.10 governing submission of Part A applications;

(3) Conducted the facility activity on an ongoing basis prior to the effective date of the statutory or regulatory changes.

(b) Failure to qualify for interim status. If the Department has reason to believe upon examination of a Part A application that it fails to meet the requirements of Section270.13 it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for the Department's belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in his Part A application. If, after such notification and opportunity for response, the Department determines that the application is deficient it may take appropriate enforcement action.

(c) Paragraph (a) of this section shall not apply to any facility which has been previously denied a permit or if authority to operate the facility under these regulations has been previously terminated.

(d) As of December 25, 1992, any facility which fails to qualify for federal interim status for a newly regulated waste code or a newly regulated waste management unit promulgated pursuant to HSWA or who lost interim status for failing to certify under HSWA for any newly promulgated waste code or waste management unit, is also denied interim status under State law (rule).

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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