|
CHAPTER 61.
Department of Health and Environmental Control
SECTION 79.
Hazardous Waste Management Regulations .
SUBSECTION 124.
Permit Administration.
61-79.124. Permit Administration.
SUBPART A
General Program Requirements
124.1. Purpose and scope.
(a) This part contains procedures for issuing, modifying, revoking and reissuing, or terminating all hazardous waste treatment, storage, and disposal facility permits under these  regulations, other than "emergency permits" (see Section 270.61) and "permits by rule" (Section 270.60). The latter kind of permits are governed by part 270. Interim status is not a "permit" and is covered by specific provisions in part 270. The procedures of this part also apply to denial of a permit for the active life of a RCRA hazardous waste management facility or unit under Section 270.29.
(b) This regulation describes the steps which will be followed in receiving permit applications, preparing draft permits, issuing public notice, inviting public comment and holding public hearings on draft permits. Also covered is assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal of the final permit decision (amended 11/90); edited 12/92).
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.2. Definitions.
(a) In addition to the definitions given in R.61-79.270.2 and S.C. Hazardous Waste Management Act Section 44-56-20, the definitions listed below apply to this Part. Terms not defined in this section have the meaning given by the appropriate Act.
"Administrator" means the Administrator of the U.S. Environmental Protection Agency, or an authorized representative (revised 12/92).
"Applicable standards and limitations" means all State, interstate, and Federal standards and limitations to which a "discharge," a "sludge or disposal practice" or a related activity is subject under the CWA, including "standards for sewage sludge use or disposal," "effluent limitations," water quality standards, standards of performance, toxic effluent standards or prohibitions, "best management practices," and pretreatment standards under Sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA. (amended 11/90; 12/92)
"Application" means the forms for applying for a permit under these regulations, including any additions, revisions, or modifications to the forms. Application also includes the information required under parts 270.14 through 270.29 (contents of Part B of the RCRA application] (revised 12/92).
CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act of Federal Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.
"Draft permit" means a document prepared under 124.6 indicating the Department's 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 124.5, are types of "draft permits." A denial of a request for modification, revocation, and reissuance or termination, as discussed in 124.5, is not a "draft permit." A "proposal permit" is not a "draft permit." (revised 12/92).
EPA means the U. S. Environmental Protection Agency.
"Facility or activity" means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the RCRA program and the Pollution Control Act.
404 definition removed
"Indian Tribe means" (except in the case of RCRA) any Indian Tribe having a Federally recognized governing body carrying out substantial governmental duties and powers over a defined area.
"Interstate agency" means an agency of two or more States established by or under an agreement or compact approved by the Congress, or any other agency of two or more States having substantial powers or duties pertaining to the control of pollution as determined and approved by the Department under the "appropriate Act and regulations."
"Major facility" means any RCRA "facility or activity" classified as such by the Department.
Owner or operator means owner or operator of any facility or activity subject to regulation under the RCRA program and the Pollution Control Act.
"Permit" means an authorization, license, or equivalent control document issued by South Carolina to implement the requirements of this part and 270. Permit includes RCRA "permit by rule" (270.60). Permit does not include RCRA interim status (270.70) or any permit which has not yet been the subject of final agency action, such as a "draft permit" or a "proposed permit" (revised 12/92).
Person means an individual, association, partnership, corporation, municipality, State, Federal, or Tribal agency, or an agency or employee thereof.
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, 42 U.S.C. 6901 et seq.).
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
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 appropriate Act and regulations.
"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 (revised 12/92).
State Safe Drinking Water Act means 44-55-10 et seq.
(b) For the purposes of part 124, the term "Department" means the Department or Regional Administrator and is used when the accompanying provision is required of EPA-administered programs and of State programs under 40 CFR 271.14 (RCRA). The term "Regional Administrator" is used when the accompanying provision applies exclusively to EPA-issued permits and is not applicable to State programs under these sections. While South Carolina is not required to implement these latter provisions, they are not precluded from doing so, notwithstanding use of the term "Regional Administrator."
(c) The term "formal hearing" means any evidentiary hearing under subpart E or any panel hearing under subpart F but does not mean a public hearing conducted under Section 124.12.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.3. Application for a permit.
(a)(1) Any person who requires a permit under these regulations shall complete, sign, and submit to the Department an application for each permit required under R.61-79.270.1 and meet the public notice requirements under 124.10. Applications are not required for permits by rule R.61-79.270.60. (amended 6/89; edited 12/92)
(2) The Department shall not begin the processing of a permit under these regulations until the applicant has fully complied with the application requirements for that permit. See R.61-79.270.10, .11, and .13, Subpart B and applicable sections of R-61-79.264 which describe the information required in permit applications. (amended 11/90)
(b) [Reserved]
(c) The Department shall review for completeness every application for a permit under these regulations. Each application for a permit submitted by a new HWM facility should be reviewed for completeness by the Department within 30 days of its receipt. Each application for a permit submitted by an existing HWM facility (both Parts A and B of the application), should be reviewed for completeness within 60 days of receipt. Upon completing the review, the Department shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Department shall list the information necessary to make the application complete. When the application is for an existing HWM facility, the Department shall specify in the notice of deficiency a date for submitting the necessary information. After the application is completed, the Department may request additional information from an applicant but only where necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete. (amended 11/90)
(d) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provisions of SC 44-56-140 and RCRA section 3008.
(e) If the Department decides that a site visit is necessary for any reason in conjunction with the processing of an application, it will notify the applicant and a date shall be scheduled.
(f) The effective date of an application is the date on which the Department notifies the applicant that the application is complete as provided in paragraph (c) of this section.
HISTORY: Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 19, Issue No. 6, eff June 23, 1995.
124.5. Modification, revocation and reissuance, or termination of permits under these regulations.
(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Department's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in R.61-79.270.41 and 270.43. All requests shall be in writing and shall contain facts or reasons supporting the request. The requirements of this section do not apply to transporter permits.
(b) If the Department decides the request is not justified, it will send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Denials by the Department may be appealed by requesting of the Board of Health and Environmental Control an adjudicatory hearing as specified under R.61-72 Section II within 15 days of the date of the decision.
(c)(1) If the Department tentatively decides to modify or revoke and reissue a permit under R.61-79.270. Subpart D, it will prepare a draft permit under 124.6 incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the Department shall require the submission of a new application.
(2) In a permit modification under this section, only those conditions to be modified will be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
(3) "Class 1 and 2 modifications" as defined in R.61-79.270 Subpart D are not subject to the requirements of this section.
(d) If the Department tentatively decides to terminate a permit under 270.43 other than at the request of the permittee, it shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under 124.6.
(e) When the Department is the permitting authority, all draft permits (including notices of intent to terminate) prepared under this section shall be based on the administrative record as defined in Section 124.9.
(f) A generator shipping hazardous waste offsite must either be permitted to transport or utilize a transporter permitted pursuant to R.61-79.263. (amended 6/89)
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 25, Issue No. 10, eff October 26, 2001.
124.6. Draft permits under these regulations.
(a) Once an application is complete, the Department shall tentatively decide whether to prepare a draft permit or to deny the application.
(b) If the Department tentatively decides to deny the permit application, it shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See 124.6(e). If the Department's final decision (124.15) is that the tentative decision to deny the permit application was incorrect, it shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this section (revised 12/92).
(c) If the Department decides to prepare a draft permit, the Department shall prepare a draft permit that contains the following information:
(1) The approved permit application;
(2) All conditions under R.61-79.270.30 and 270.32;
(3) All compliance schedules under R.61-79.270.33;
(4) All monitoring requirements under R.61-79.270.31 which have not been specified in the permit applications; and
(5) Any condition established under R.61-79.270.32 necessary to achieve compliance with applicable standards for treatment, storage and/or disposal. Standards for treatment, storage, and/or disposal and other permit conditions under Section 270.30.
(d) All draft permits prepared by the Department under this section shall be accompanied by a fact sheet (Section 124.8), shall be based on the administrative record (Section 124.9), publicly noticed (Section 124.10) and made available for public comment (Section 124.11). The Department shall give notice of opportunity for a public hearing (Section 124.12), issue a final decision (Section 124.15), and respond to comments (Section 124.17). An appeal may be taken under Section 124.19. Draft permits prepared by the Department shall be accompanied by a fact sheet if required under Section 124.8. (revised 12/92).
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.8. Fact sheet.
(a) The Department shall prepare a fact sheet for every draft permit for a HWM facility or activity. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Department shall send this fact sheet to the applicant and, on request, to any other person.
(b) The fact sheet shall include, when applicable:
(1) A brief description of the type of facility or activity which is the subject of the draft permit;
(2) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, or disposed of.
(3) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions.
(4) Provisions and appropriate supporting references to the administrative record required by 124.9;
(5) Reasons why any requested variances or alternatives to required standards do or do not appear justified;
(6) A description of the procedures for reaching a final decision on the draft permit including:
(i) The beginning and ending dates of the comment period under 124.10 and the address where comments will be received;
(ii) Procedures for requesting a hearing and the nature of that hearing; and
(iii) Any other procedures by which the public may participate in the final decision.
(7) Name and telephone number of a person to contact for additional information.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.9. Administrative record for draft permits under these regulations.
(a) The provisions of a draft permit prepared by the Department under 124.6 shall be based on the administrative record defined in this section.
(b) For preparing a draft permit under Section 124.6 above the record shall consist of:
(1) The application, if required, and any supporting data furnished by the applicant;
(2) The draft permit or notice of intent to deny the application or to terminate the permit;
(3) The fact sheet (Section 124.8);
(4) All documents cited in the fact sheet; and
(5) Other documents contained in the supporting file for the draft permit.
(c) Material readily available at the Department or published material that is generally available, and that is included in the administrative record under paragraphs (b) and (c) of this section, need not be physically included with the rest of the record as long as it is specifically referred to in the fact sheet.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.10. Public notice of permit actions and public comment period.
(a) Scope. Public notice of permit actions and public comment periods covered in this section apply only to treatment, storage, and disposal facilities under these regulations. (amended 6/89)
(1) The Department will give public notice when the following actions are to be taken:
(i) A draft permit has been prepared under 124.6; or
(ii) A hearing has been scheduled under 124.12;
(iii) A permit application has been tentatively denied under 124.6(b) (revised 12/92);
(iv) An appeal has been granted under Section R.61-72.
(2) No public notice will be given when a request for a permit modification, revocation and reissuance, or termination is denied under Section 124.5(b). Written notice of that denial will be given to the requestor and the permittee.
(3) Public notice may describe more than one permit or permit action.
(4) The applicant will give public notice in accordance with 124.10(c)(5) when an application for a permit is submitted to the Department. The applicant will give public notice of submittal of an application for a permit modification in accordance with R.61-79.270.42 (amended 6/89).
(b) Timing.
(1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under paragraph (a) of this section shall allow at least 45 days for public comment (revised 12/92).
(2) Public notice of a public hearing will be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.
(c) Methods. Public notice of activities described in paragraphs (a)(1) and (a)(4) of this section shall be given by the following methods: (amended 6/89)
(1) By mailing a copy of a notices of draft permits or hearings to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits); (amended 6/89)
(i) The applicant and those identified in (5); (amended 6/89)
(ii) Any other agency which the Department knows has issued or is required to issue a permit for the same facility or activity;
(iii) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected States(Indian Tribes). (amended 11/90; revised 12/92)
(iv) Persons on a mailing list developed by:
(A) Including those who request in writing to be on the list;
(B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and
(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, and in such publications as Regional and State funded newsletters, environmental bulletins, State law journals. (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.).
(v)(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and
(B) To each State agency having any authority under State law with respect to the construction or operation of such facility.
(2) Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations within the area affected by the facility or activity;
(3) In a manner constituting legal notice to the public under state law; and
(4) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.
(5) Public notice of activities described in paragraph (a)(4) shall be given by the applicant by the following methods: (amended 6/89)
(i) notice to contiguous landowners, as determined by the tax rolls;
(ii) notice to the county in which the facility site is located and all other political subdivisions within twenty miles of the site;
(iii) notice to local daily and weekly newspapers within the area affected by the facility or activity, and the major newspaper in Columbia; and
(iv) notice to the local Chamber of Commerce;
(v) a copy of the permit application to the public library in the county where the site is located.
(d) Contents.
(1) All public notices. All public notices issued under this part shall contain the following minimum information:
(i) Name and address of the office processing the permit action for which notice is being given;
(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;
(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, fact sheet, and the application; the location of the administrative record required by 124.9, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record (revised 12/92); and
(v) A brief description of the comment procedures required by Section 124.11, and Section 124.12 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision.
(vi) Any additional information considered necessary or proper.
(2) Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this section, the public notice of a hearing under Section 124.12 will contain the following information:
(i) Reference to the date of previous public notices relating to the permit;
(ii) Date, time, and place of the hearing;
(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
HISTORY: Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.
124.11. Public comments and requests for public hearings.
During the public comment period provided under 124.10, any interested person may submit written comments on the draft permit or the permit application and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in 124.17.
HISTORY: Amended by State Register Volume 17, Issue No. 17, eff December 24, 1993.
124.12. Public hearings.
(a)(1) The Department shall hold a public hearing whenever the Department finds, on the basis of requests, a significant degree of public interest in a draft permit(s) under these regulations (edited 12/92);
(2) The Department may also hold a public hearing at the Department's discretion, whenever for instance, such a hearing might clarify one or more issues involved in the permit decision;
(3)(i) The Department shall hold a public hearing whenever it receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under 124.10(b)(1);
(ii) Whenever possible, the Department shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility;
(4) Public notice of the hearing will be given as specified in Section 124.10 above.
(b) Whenever a public hearing will be held and the Department is the permitting authority, the Department shall designate a Presiding Officer for the hearing who shall be responsible for its scheduling and orderly conduct.
(c) Any person may submit oral or written statements and data concerning the application and the draft permit during a hearing. Reasonable limits may be set upon the time allowed for oral statements and the submission of statements in writing may be required. The public comment period under Section 124.10 above shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.
(d) A tape recording or written transcript of the hearing shall be made available to the public.
(e) Public notice of any of the above actions shall be issued under 124.10. (amended 11/90)
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.13. Obligation to raise issues and provide information during the public comment period.
All persons, including applicants, who believe the issuance of a permit under these regulations or any condition of a draft permit is inappropriate or that the Department's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must notify the Department in writing. This notification must contain all reasonably ascertainable issues, and submit all reasonably available arguments supporting their position by the close of the public comment period (including any public hearing) under 124.10., and factual grounds supporting their position, including any supporting materials which are not already part of the administrative record for the permit. This written notification must be submitted to the Department by the close of the public comment period provided under 124.10 (edited 12/92).
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.14. Reopening of the public comment period.
(a) If any data, information, or arguments submitted during the public comment period, including information or arguments required under 124.13, appear to raise substantial new questions concerning a permit, the Department may take one or more of the following actions:
(1) Prepare a new draft permit, appropriately modified, under Section 124.6 above;
(2) Prepare a revised fact sheet under Section 124.8 above and reopen the comment period under this section; or
(3) Reopen or extend the comment period under Section 124.10 above to give interested persons an opportunity to comment on the information or arguments submitted.
(4) A comment period of longer than 45 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they shall be granted under 124.10 to the extent they appear necessary.
(b) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under Section 124.10 above shall define the scope of the reopening.
(c) Public notice of any of the above actions shall be issued under Section 124.10 above.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
124.15. Issuance and effective date of permit.
(a) After the close of the public comment period under 124.10 on a draft permit, the Department shall issue a final permit decision. The Department shall notify in writing the applicant and each person who has submitted written comments or requested notification of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a permit or for contesting a decision to terminate a permit. For the purposes of this section, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit (edited 12/92).
(b) Permit denials will be public noticed by the Department in accordance with Section 124.10(c)(1) and (2).
(c) A final permit decision shall become effective 30 days after the service of notification of the decision under paragraph (a) of this section, unless:
(1) A later effective date is specified in the decision; or
(2) A request for an adjudicatory hearing, as specified under R.61-72 Section II, is served on the Board within fifteen (15) days after notification of the final permit decision by the Department; or
(3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon issuance.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.17. Response to comments.
(a) At the time that any final permit decision under these regulations is issued under Section 124.15, the Department shall issue a response to comments. States are only required to issue a response to comments when a final permit is issued. This response shall (edited 12/92):
(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(2) Briefly describe and respond to all significant comments on the draft permit or the permit application raised during the public comment period, or during any hearing.
(b) Any documents cited in the response to comments shall be included in administrative record for the final permit decision as defined in Section 124.18 below. If new points are raised or new material supplied during the public comment period, the Department may document its responses to those matters by adding new materials to the administrative record.
(c) The response to comments shall be available to the public.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
124.18. Administrative record for final permit under these regulations.
(a) The Department will base final permit decisions under Section 124.15 above on the administrative record defined in this section.
(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:
(1) All comments received during the public comment period provided under Section 124.10 above (including any extension or reopening under (Section 124.14);
(2) The tape or transcript of any hearing(s) held under Section 124.12;
(3) Any written materials submitted at such a hearing;
(4) The responses to comments required by Section 124.17 above and any new material placed in the record under that section;
(5) Other documents contained in the supporting file for the permit; and
(6) The final permit.
(c) The additional documents required under paragraph (b) of this section should be added to the record as soon as possible after their receipt or publication by the Department. The record shall be complete on the date the final permit is issued.
(d) This section applies to all final permits when the draft permit was subject to the administrative record requirements of Section 124.9 above.
(e) Material readily available at the Department, or published materials which are generally available and which are included in the administrative record under the standards of this section or of Section 124.17 ("Response to comments"), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
124.19. Appeal of Permit [See also R.61-72, Section II; clarification 12/92].
(a) Department decision involving the issuance, denial, renewal, modification, suspension, or revocation of a permit, license, certificate or certification may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1; Title 1, Chapter 23; and Title 40, Chapter 61.
(b) Any person to whom an order is issued may appeal it pursuant to applicable law, including S.C. Code Title 44, Chapter 1; Title 1, chapter 23; and Title 40, Chapter 61.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 32, Issue No. 6, eff June 27, 2008.
SUBPART B
Specific Procedures Applicable to RCRA Permits
124.31. Pre-application public meeting and notice.
(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this section, a "significant change" is any change that would qualify as a class 3 permit modification under 270.42. The requirements of this section do not apply to permit modifications under 270.42 or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Prior to the submission of a part B RCRA permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(c) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph (b) of this section, and copies of any written comments or materials submitted at the meeting, to the Department as a part of the part B application, in accordance with 270.14(b).
(d) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain, and provide to the Department upon request, documentation of the notice.
(1) The applicant shall provide public notice in all of the following forms:
(i) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph (d)(2) of this section, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Department shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Department determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.
(ii) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph (d)(2) of this section. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.
(iii) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph (d)(2) of this section, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Department.
(iv) A notice to the Department. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate units of State and local government, in accordance with Sec. 124.10(c)(1)(v).
(2) The notices required under paragraph (d)(1) of this section must include:
(i) The date, time, and location of the meeting;
(ii) A brief description of the purpose of the meeting;
(iii) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
(iv) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and
(v) The name, address, and telephone number of a contact person for the applicant.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
124.32. Public notice requirements at the application stage.
(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units under 270.51. The requirements of this section do not apply to permit modifications under 270.42 or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(1) The Department shall provide public notice as set forth in Sec. 124.10(c)(1)(iv), and notice to appropriate units of State and local government as set forth in Sec. 124.10(c)(1)(v), that a part B permit application has been submitted to the Department and is available for review.
(2) The notice shall be published within a reasonable period of time after the application is received by the Department. The notice must include:
(i) The name and telephone number of the applicant's contact person;
(ii) The name and telephone number of the Department contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;
(iii) An address to which people can write in order to be put on the facility mailing list;
(iv) The location where copies of the permit application and any supporting documents can be viewed and copied;
(v) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and
(vi) The date that the application was submitted.
(c) Concurrent with the notice required under Sec. 124.32(b) of this subpart, the Department must place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department's office.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
124.33. Information repository.
(a) Applicability. The requirements of this section apply to all applications seeking RCRA permits for hazardous waste management units over which Department has permit issuance authority.
(b) The Department may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Department shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Department determines, at any time after submittal of a permit application, that there is a need for a repository, then the Department shall notify the facility that it must establish and maintain an information repository. (See 270.30(m) for similar provisions relating to the information repository during the life of a permit).
(c) The information repository shall contain all documents, reports, data, and information deemed necessary by the Department to fulfill the purposes for which the repository is established. The Department shall have the discretion to limit the contents of the repository.
(d) The information repository shall be located and maintained at a site chosen by the facility. If the Department finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Department shall specify a more appropriate site.
(e) The Department shall specify requirements for informing the public about the information repository. At a minimum, the Department shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
(f) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Department. The Department may close the repository at his or her discretion, based on the factors in paragraph (b) of this section.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
|
Staff Portal
