(A) Not later than eighteen months after this article is effective, the department shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of all landfills that dispose of solid waste. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section. In determining if exemptions are warranted from all or part of the regulations applicable to this section and § 44-96-330, the department must consider in situ soil as a criterion for granting exemptions. These regulations shall not apply to the disposal of solid waste from a single family or household on property where such waste is generated.

(B) The regulations governing solid waste landfills shall, at a minimum, contain the following requirements:

Terms Used In South Carolina Code 44-96-320

  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-96-40
  • Disposal: means the discharge, deposition, injection, dumping, spilling or placing of any solid waste into or on any land or water, so that the substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. See South Carolina Code 44-96-40
  • Facility: means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing, or disposing of solid waste. See South Carolina Code 44-96-40
  • Groundwater: means water beneath the land surface in the saturated zone. See South Carolina Code 44-96-40
  • Landfill: means a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well. See South Carolina Code 44-96-40
  • Solid waste: means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. See South Carolina Code 44-96-40
  • Surface water: means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within territorial limits, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private. See South Carolina Code 44-96-40

(1) the submission by the permit applicant of the following documents:

(a) a comprehensive engineering report that describes, at a minimum, existing site conditions and construction plans;

(b) a quality assurance and quality control report;

(c) a hydrogeologic report and water quality and air quality monitoring plans;

(d) a contingency plan describing the action to be taken in response to contingencies which may occur during construction and operation of the landfill;

(e) an operational plan describing how the facility will meet all applicable regulatory requirements;

(f) the maximum volume of solid waste the facility is capable of receiving over the operational life of the facility and the maximum rate at which the facility will receive that waste; and

(g) a landscape plan;

(2) locational criteria. However, the department shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption;

(3) landfill construction requirements;

(4) facility design and operational requirements including, but not limited to, access controls, cover requirements, gas control, leachate control, exclusion of hazardous wastes, liner requirements, litter control, groundwater and surface water monitoring, and air quality monitoring;

(5) closure and postclosure requirements;

(6) financial responsibility requirements; and

(7) corrective action requirements.

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