The South Carolina Department of Health and Environmental Control has established this web page to allow users the opportunity to learn
about conditional remedies, and how our Regulatory programs use them. The Bureau of Land and Waste Management established this Registry
to help monitor and maintain sites that have conditional remedies; as well as to allow citizens to find these sites and learn about the
conditions placed on them. At the bottom of this page there is a link to search the Bureau of Land and Waste Management Registry of
Conditional Remedies (Registry).
There are five (5) regulatory programs within the Bureau of Land and Waste Management that work together to maintain this Registry. The
regulatory programs are:
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund Program
- Drycleaning Facility Restoration Trust Fund Act Program
- Resource Conservation and Recovery Act (RCRA) Subtitle C Program
- Solid Waste Program
- Underground Storage Tank (UST) Program
Each program is responsible for maintaining its own sites in the Registry; therefore if you have any questions, please contact the
Department's Freedom of Information office at 803-898-3882, or visit their web site at
http://www.scdhec.net/foi/ and ask about the
particular program area.
What is a Conditional Remedy?
A Conditional Remedy is an environmental remedy that includes certain qualifications. These qualifications are divided into two major
categories: Remedies requiring Land Use Controls and Conditional No Further Actions.
Below is a description of each regulatory program and how it relates to this Registry.
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REMEDIES REQUIRING LAND USE CONTROLS
What are Land Use Controls?
The term Land Use Controls or "LUCs" encompasses "institutional controls", such as those involved in real estate interests, governmental
permitting, zoning, public advisories, deed notices, and other "legal" restrictions. The term also includes restrictions on access, whether
achieved by means of engineered barriers (e.g., fence or concrete pad) or by human means (e.g., the presence of security guards).
Additionally, the term includes both affirmative measures to achieve the desired restrictions (e.g., night lighting of an area) and
prohibitive directives (e.g., restrictions on certain types of wells for the duration of the corrective action). Considered altogether, the
LUCs for a facility will provide a tool for how the property should be used in order to maintain the level of protectiveness that one or
more corrective actions were designed to achieve.
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When are "Land Use Controls" used?
LUCs are used when property needs to have a restriction placed on its use in order to protect a person's health or the environment. These
restrictions could be placed on the land that a person owns, or surface water (a stream, pond, river, etc.) that is on the person's property,
or groundwater that is underneath the property, depending on the circumstance. A person who works with zoning issues, deed notices, restrictive
covenants, real estate interests, and other legal restrictions, as well as anyone who serves on public advisories and issues permits may call
LUCs an institutional control.
LUCs can be used to place a restriction on a property. For instance, a LUC could restrict persons from entering the property unless
they have permission. This can be done two ways, either by installing an engineered barrier or by a human barrier. An example of an
engineered barrier may be to install a fence around a site or a concrete pad on top of the pollution so that people cannot accidentally
come in contact with the pollution. An example of a human barrier is to hire security guards, whose responsibility would be to prevent
access to the site.
LUCs on a site should not be looked at as a barrier that prevents a site from being used, but as a tool on how best to reuse the
property. LUCs that are placed on property help ensure that the environmental work already performed will continue to protect human
health and the environment.
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CERCLA (Superfund) Program
The sites that are regulated under CERCLA are:
- Federal-lead Superfund sites (listed on the National Priorities List)
- State-lead Superfund sites
- South Carolina Voluntary Cleanup Program sites (both responsible and non-responsible
(brownfields) party)
Both the Federal and State Superfund programs require that LUCs be placed on a property when a pollutant exceeds the standards for
unrestrictive (residential) use. The Small Business Liability Relief and Brownfields Revitalization Act, which is a Federal Law,
requires that each State develop and maintain a list of sites where response actions have taken place. This list must also identify
whether or not the site is suitable for unrestricted use, and if not, shall identify the institutional controls. We document our
institutional controls in a "Restrictive Covenant." The Restrictive Covenant is signed by both the property owner and the Department
and then filed with the deed for the property.
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Drycleaning Facility Restoration Trust Fund Act Program
The Drycleaning Facility Restoration Trust Fund provides monies for the assessment and remediation of eligible drycleaning sites.
The Drycleaning program requires that LUCs be placed on a property when a pollutant exceeds the standards for unrestrictive (residential)
use. The program documents institutional controls in a Restrictive Covenant.
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RCRA Hazardous Waste Program
The Resource Conservation and Recovery Act (RCRA) Hazardous Waste Regulations require a notice be placed on the deed of property if it has
been used to manage hazardous waste. The notice on the deed must be filed with the local land use authority. In addition, the site must
also have a survey plat prepared and filed with the appropriate zoning authority. The plat should record the type, location, and quantity
of pollution at the site.
RCRA sites that have selected LUCs as part of their cleanup plan for Solid Waste Management Units (SWMUs) or Areas of Concern (AOCs)
are also included in this Registry. LUCs are being used at these sites to guarantee that the selected cleanup remains effective and
dependable; therefore, the LUCs will remain on the property as long as needed in order to protect a person's health and the environment.
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Solid Waste Program
The Solid Waste Program requires a notice to be placed on the deed of property if it has been used for disposal of Municipal Solid Waste,
Industrial Solid Waste, Construction and Demolition Debris, or Land-Clearing Debris. The notice on the deed must be filed with the local
land use authority and must in perpetuity notify any potential purchaser of the property that the land, or portion thereof, has been used
for the disposal of solid waste. In addition, the site must have a survey plat showing the final boundaries of the waste disposal area of
the closed landfill including the latitude and longitude, and a record of the type, location, and quantity of solid waste disposed at the
facility.
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CONDITIONAL NO FURTHER ACTIONS
Underground Storage Tank (UST) Program
A Registry of Releases has been established as directed by R. 61-98, SUPERB (State Underground Petroleum Environmental Response Bank Act)
Site Rehabilitation and Fund Access Regulations. The Registry documents the locations of confirmed releases from regulated underground
storage tanks that, based on available information, pose no unacceptable risk to human health, or the environment, but the levels of
petroleum chemicals of concern in ground-water exceed the drinking water standard. In each case ground water is not currently used as a
source of potable water and ground water does not pose a threat to any surface body of water. Since natural attenuation mechanisms are
expected to reduce the residual levels below the drinking water standard in each case, additional corrective action by the underground
storage tank owner or operator is not required.
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How to Use the S.C. DHEC
Bureau of Land and Waste Management
Registry of Conditional Remedies
You are welcome to access this Registry to learn about sites that have conditional remedies in South Carolina. This Registry contains a
summary of the information available for these sites. If you wish to have more complete or specific information about any of these sites,
please contact the Department's Freedom of Information office at 803-898-3882, or visit their web site at
http://www.scdhec.net/foi
You may search the Registry by site name, address, city, zip code, county, EQC Region, tax identification number, EPA identification, Permit, Order,
or Contract number, latitude and longitude, regulatory program (CERCLA, Drycleaning, RCRA Hazardous Waste, Solid Waste, or SUPERB), or
any combination of these. If you search without entering anything, you will get a listing of all of the sites in this Registry.
Below is a brief explanation of the terms used in the Registry.
Facility/Site Name
Type the current or former name of the facility/site that you are looking for. A facility/site may have had several past owners/names;
therefore, you may have to try more than one, or use another field, if you have additional information.
Address
Type the physical address of a facility/site where a conditional remedy applies.
Entity responsible for conditional remedy
Type the name of the person or business name, etc. responsible for the maintenance of conditions at the given property.
City
Type the city in which the facility/site is located. Please note that federal facilities, such as Fort Jackson, Savannah River Site, Shaw
Air Force Base, etc. are not located in a particular city, but are considered to be their own geographic location.
County
Enter the county name where the facility/site is located. You may select the county from the dropdown list, if you wish.
EQC Region
Enter the EQC Distric name where the facility/site is located. You may select the region from the dropdown list if you wish.
Zip code
Enter the zip code for the facility/site where the conditional remedy applies.
Tax ID#
You may search for a facility/site by its tax identification number, if known.
Tracking number
This is the number that the US Environmental Protection Agency (EPA) and S.C. DHEC use to keep track of a facility/site. (Permit number,
Contract number, etc.)
Latitude and Longitude
You may search by the latitude and longitude for the specific area to which the conditions apply. Please be sure that you use values that
fall within South Carolina's boundaries. For a site to be located in the State, the latitude should fall between 32 and 35.5 degrees north,
and the longitude should fall between negative 79.5 to 82.5. Please note that the negative longitude values indicate a west longitude.
Regulatory Program
You may choose from one of the regulatory programs under which the facility/site is required to maintain conditions.
Sites are tracked in this Registry under the regulatory program that is responsible for the site. Multiple programs may regulate a single
site. If the site is regulated under the CERCLA program, it may be listed in the Registry as a CERCLA NPL site, CERCLA VCP RP site, a CERCLA
State Lead Superfund site, or a CERCLA VCP NRP (Brownfields) site.
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