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 H - REMEDIAL ACTION PLANS
HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED?
Section 61-79.270.H.175 - For what reasons may the Department choose to modify my final RAP?

Universal Citation: SC Code Regs 61-79.270.H.175

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

(a) The Department may modify your final RAP on its own initiative only if one or more of the following reasons listed in this section exist(s). If one or more of these reasons do not exist, then the Department will not modify your final RAP, except at your request. Reasons for modification are:

(1) You made material and substantial alterations or additions to the activity that justify applying different conditions;

(2) The Department finds new information that was not available at the time of RAP issuance and would have justified applying different RAP conditions at the time of issuance;

(3) The standards or regulations on which the RAP was based have changed because of new or amended statutes, standards or regulations, or by judicial decision after the RAP was issued;

(4) If your RAP includes any schedules of compliance, the Department may find reasons to modify your compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which you as the owner operator have little or no control and for which there is no reasonably available remedy;

(5) You are not in compliance with conditions of your RAP;

(6) You failed in the application or during the RAP issuance process to disclose fully all relevant facts, or you misrepresented any relevant facts at the time;

(7) The Department has determined that the activity authorized by your RAP endangers human health or the environment and can only be remedied by modifying; or

(8) You have notified the Department (as required in the RAP under 270.30(1)(3)) of a proposed transfer of a RAP.

(b) Notwithstanding any other provision in this section, when the Department reviews a RAP for a land disposal facility under 270.195, it may modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in parts 124, 260 through 266 and 270 of this chapter.

(c) The Department will not reevaluate the suitability of the facility location at the time of RAP modification unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued.

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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