reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.20 - Permits and Compliance Period

Current through Register Vol. 48, No. 6, June 28, 2024
A. Permit Requirement. Animal manure and
				other animal by-products from an animal facility with dry manure handling can
				only be handled, stored, treated, processed, or land applied in the State in
				accordance with a permit issued by the Department. The handling, storage,
				treatment, and final utilization of animal manure and other animal by-products
				from a manure broker/land applier operation shall be permitted under the
				provisions of this part before the broker/land applier can operate in the
				State.
B. Notification
				Requirements. The permittee shall notify the Department in writing and receive
				written Departmental approval, prior to any change in operational procedures in
				a permitted broker/land applier operation, including, but not limited to, the
				following:
1. Change in operations or in
				manure and other animal by-products treatment, storage, handling, or
				utilization;
2. Change in contracts
				routinely used in manure and other animal by-products transfers; or
3. Termination of
				operations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.30 - Relationship to Other Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
The following regulations are referenced throughout this part
				  and may apply to facilities covered under this regulation.
A. Application and annual operating fees are
				addressed in R.61-30, Environmental Protection Fees.
B. The proper closeouts of wastewater
				treatment facilities are addressed in R.61-82, Proper Closeout of Wastewater
				Treatment Facilities. This regulation includes animal manure treatment lagoons
				and manure storage ponds.
C.
				Setbacks and construction specifications for potable water wells and monitoring
				wells shall be in accordance with R.61-71, Well Standards.
D. Permits for air emissions from
				incinerators are contained in R.61-62, Air Pollution Control Regulations and
				Standards.
E. Disposal of animal
				manure in a municipal solid waste landfill unit is addressed in R.61-107.19,
				Solid Waste Management: Solid Waste Landfills and Structural Fill.
F. Disposal of animal manure with domestic or
				industrial sludge is addressed in R.61-9, Water Pollution Control Permits, and
				permitted under R.61-9.
G.
				Laboratory certification is addressed in R.61-81, State Environmental
				Laboratory Certification Program.
H. Water Classifications and Standards are
				addressed in R.61-68.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.60 - Manure Utilization Area Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application Rates. The Department shall
				approve a Broker/Land Applier Management Plan that establishes application
				rates based upon the limiting constituent (a nutrient or other constituent as
				given in item 400.60.B). The limiting constituent shall be nitrogen, unless the
				soil test results exceed the limits for phosphorus. More information on maximum
				allowable constituent concentrations are outlined in item 400.60.B and item
				400.60.C.
B. Constituent Limits for
				Land Application of Dry Animal manure and other animal by-products and
				Operational Practices for Land Application.
1.
				Dry animal manure and other animal by-products. When the animal manure analysis
				indicates there are high levels of arsenic, copper, zinc, or other constituent
				of concern, the producer shall comply with the following criteria:
a. Constituent Limits. If animal manure and
				other animal by-products subject to a constituent limit is applied to land,
				either:
i. The cumulative loading rate for
				each constituent shall not exceed the loading rate in Table 1 of Section
				400.60; or
ii. The concentration of
				each constituent in the animal manure and other animal by-products shall not
				exceed the concentration in Table 2 of Section 400.60.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.70 - Other Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. On a
				case-by-case basis, the Department may impose additional or more stringent
				requirements for the management, handling, treatment, storage, or utilization
				of animal manure and other animal by-products.
B. The following cases shall be evaluated for
				additional or more stringent requirements:
1.
				Source water protection. Facilities and manure utilization areas located within
				a State Approved Source Water Protection Area.
2. 303(d) Impaired Waterbodies List.
				Facilities and manure utilization areas located upstream of an impaired
				waterbody.
3. Proximity to
				Outstanding Resource Waters, trout waters, shellfish waters, or would adversely
				affect a federally listed endangered or threatened species, its habitat, or a
				proposed or designated critical habitat.
4. Aquifer Vulnerability Area, an area where
				groundwater recharge may affect an aquifer.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.80 - Odor Control Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. An odor abatement plan shall be included,
				which may consist of the following:
1.
				Operation and maintenance practices which are used to eliminate or minimize
				undesirable odor levels in the form of a Best Management Plan for Odor
				Control;
2. Use of treatment
				processes for the reduction of undesirable odor levels;
3. Additional setbacks from property lines
				beyond the minimum setbacks given in this part;
4. Other methods as may be appropriate;
				or
5. Any combination of these
				methods.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.90 - Vector Control Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. A Vector Abatement Plan shall be developed
				for the dry animal manure and other animal by-products storage or treatment
				facility or land application areas (if applicable). The Vector Abatement Plan
				shall, at a minimum, consist of the following:
1. Normal management practices used at the
				dry animal manure and other animal by-products storage or treatment facility to
				ensure there is no accumulation of organic or inorganic materials to the extent
				and in such a manner as to create a harborage for rodents or other vectors that
				may be dangerous to public health.
2. A list of specific actions to be taken by
				the broker/land applier if vectors are identified as a problem at the dry
				animal manure and other animal by-products storage or treatment facility or
				land application site. These actions should be listed for each vector problem,
				e.g., actions to be taken for fly problems, actions to be taken for rodent
				problems, etc.
3. If the broker is
				not performing land application, but is only transferring the manure to a
				person who is accepting responsibility for handling the manure in accordance
				with this regulation, the person accepting the manure shall be responsible for
				correcting any nuisance problems resulting from the land application of
				manure.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.100 - Record Keeping

Current through Register Vol. 48, No. 6, June 28, 2024
A. A copy
				of the approved Broker/Land Applier Management Plan, including approved
				updates, and a copy of the permit(s) issued to the broker/land applier shall be
				retained by the permittee for as long as the broker is in operation.
B. All application information submitted to
				the Department shall be retained by the permittee for eight (8)
				years.
C. Animal Manure Records.
				These records shall be kept for five (5) years. The records shall include the
				following:
1. Name, address, email, county,
				and phone number of all producers from whom the broker/land applier purchases
				or accepts animal manure;
2.
				Sampling results for the animal manure;
3. Amount (in tons) of animal manure obtained
				from each producer; and
4. Date of
				transfer.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.110 - Reporting

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department
				may establish reporting requirements in permits as it deems appropriate. These
				reporting requirements may include a Manure Balance Sheet, which lists the
				producer/farm name and amount (tons) of manure provided and a listing of all
				person(s) who bought or accepted animal manure and the amount (tons) accepted.
				Any manure that is currently in storage or treatment structures at the
				broker/land applier facility shall be accounted for in this report.
B. The Department may require on a
				case-by-case basis any of the required records, as outlined in section 400.100,
				to be reported on an annual basis.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.120 - Training Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. An
				owner/operator of a manure brokering/land applying business shall be trained
				and certified on the operation of animal manure management under the poultry
				version of the certification program created and operated by Clemson University
				(CAMM). The certification shall be obtained within one (1) year of the
				effective date of the issued permit.
B. The certification program shall be
				completed by owners/operators of existing brokerage/land applier businesses
				within one (1) year of the effective date of this regulation or of a transfer
				of ownership approval.
C. Failure
				to obtain the certification and education as provided in this Section shall be
				deemed a violation of this regulation and a violation of the permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 400 - MANURE BROKER/LAND APPLIER OPERATIONS › Section 61-43.400.130 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
Persons who violate this regulation or any permit issued
				  under this regulation are subject to the penalties in Sections
				  48-1-320
				  (Criminal Penalties) and 48-1-330 (Civil Penalties) of the South Carolina
				  Pollution Control Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 500 - INTEGRATOR REGISTRATION PROGRAM › Section 61-43.500.10 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department
				encourages Integrators to be involved with the permitting and compliance of
				their growers.
B. The Department
				encourages Integrators to assist growers in the disposal of dead animals and
				the proper utilization of animal manure.
C. Integrating companies shall inform each
				prospective grower that they are required by State law to obtain a permit to
				construct and an approval to operate from the Department, and a certification
				of construction from the engineering company or NRCS. The Department recommends
				that growers verify an exemption status from the Department prior to
				construction of an agricultural animal facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 500 - INTEGRATOR REGISTRATION PROGRAM › Section 61-43.500.30 - Certificate of Integrator Registration

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department shall issue a certificate
				of integrator registration to integrators or integrating companies that meet
				all the requirements of this part.
B. All integrators or integrating companies
				shall hold a valid certificate of registration to operate in the
				State.
C. Certificates of
				integrator registration issued under this part do not have any administrative
				procedures for public notice under this regulation.
D. The certificate of integrator registration
				may be modified, revoked, or reissued if the requirements of this part are not
				met by the integrator or integrating company.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 500 - INTEGRATOR REGISTRATION PROGRAM › Section 61-43.500.40 - Reporting

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department
				may establish reporting requirements for integrators as it deems appropriate.
				These reporting requirements may include the following:
1. General feed composition reports. Feed
				composition reports provided in accordance with this section shall be exempt
				from disclosure under the Freedom of Information Act; and
2. A list of any special treatments or
				chemicals added to the manure or manure storage structure that are required by
				the integrator.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 500 - INTEGRATOR REGISTRATION PROGRAM › Section 61-43.500.50 - Other Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. An
				integrator or integrating company shall not knowingly provide animals to an
				animal facility that does not hold a valid agricultural permit and an approval
				to operate from the Department. Any existing, unexpired contracts may be
				fulfilled, but the integrator may not renew the contract until the facility has
				obtained a valid permit and approval to operate. If an integrator knowingly
				provides animals to an animal facility that does not hold a valid permit, the
				Department may require the integrator to remove the animals from the facility
				and be subject to Part 500.60.
B.
				The integrator or integrating company shall take reasonable steps to ensure
				that the animal facilities that are under contract with the company are
				certified, trained, and educated on compliance with their permit to include the
				following:
1. Notify growers of their
				responsibility to update their Animal Facility Management Plan and permit if
				changes are made in the operation of the farm; and
2. Provide information on technical
				assistance to its growers on compliance and assist the producers in selecting a
				corrective action.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 500 - INTEGRATOR REGISTRATION PROGRAM › Section 61-43.500.60 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
Persons who violate this regulation or any permit issued
				  under this regulation are subject to the penalties in Sections
				  48-1-320
				  (Criminal Penalties) and 48-1-330 (Civil Penalties) of the South Carolina
				  Pollution Control Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 600 - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
Should a section, paragraph, sentence, clause, phrase, or other
				part of this regulation be declared invalid for any reason, the remainder shall
				not be affected.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.A - PURPOSE AND SCOPE

Current through Register Vol. 48, No. 6, June 28, 2024
1. This
			 regulation, promulgated pursuant to the authority of the Pollution Control Act,
			 Section
			 48-1-10
			 et seq., and the Safe Drinking Water Act, Section
			 44-55-10 et
			 seq., 1976 S.C. Code of Laws, establishes a system and rules for managing and
			 protecting the quality of South Carolina's groundwater, drinking water, and for
			 protection of public health.
2. The
			 South Carolina Department of Health and Environmental Control has concluded
			 that the improper installation of individual residential wells and irrigation
			 wells are endangering public health and the quality of groundwater in this
			 state and therefore finds the need for regulation to govern installation of
			 such wells.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.B - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
The definition of any word or phrase employed in this
				regulation shall be the same as given in the Well Standards, R.61-71, Pollution Control Act,
				48-1-10 et seq., and the Safe Drinking Water Act, Section
				44-55-10 et
				seq., 1976 S.C. Code of Laws. Words or phrases which are not defined in the
				Acts or Regulations are defined as follows:
1. Agent- a person acting on behalf of an
			 owner, subject to the control of the owner, who acts in such a manner as to
			 affect the legal relationships of the owner with third parties.
2. General Permit - a permit for the
			 construction of individual residential wells or irrigation wells issued under
			 this regulation authorizing a category of well construction activities within
			 the state.
3. Human Consumption -
			 water used for drinking, bathing, cooking, dishwashing and maintaining oral
			 hygiene, or other similar uses.
4.
			 Individual Residential Well - a potable water well intended to produce water
			 for human consumption at a single residence or family.
5. Irrigation Well - a well intended to
			 produce water for uses other than human consumption, to include, but not be
			 limited to, lawn and landscape watering and agricultural uses.
6. Owner - a property owner where the well is
			 to be constructed.
7. Replacement
			 Well - a well being constructed to take the place of an existing individual
			 residential well or irrigation well that is being taken out of
			 service.
8. Residence - legal
			 residence; the permanent, fixed place of abode which a person intends to be his
			 residence and to which he intends to return.
9. Well driller - an individual, corporation,
			 partnership, association, political subdivision, or public agency of this State
			 who is licensed with the S.C. Department of Labor, Licensing, and Regulation
			 for constructing wells and is in immediate supervision of, and responsible for,
			 the construction, development, drilling, testing, maintenance, repair, or
			 abandonment of any well as defined by this regulation. This term shall include
			 owners constructing or abandoning wells on their own property for their own
			 personal use only, except that such owners are not required to be licensed by
			 the Department of Labor, Licensing, and Regulation for constructing wells and
			 are not subject to the bonding requirements of subsection (C)(4) of this
			 regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.E - EMERGENCY WELL REPLACEMENT

Current through Register Vol. 48, No. 6, June 28, 2024
A well driller may replace an existing individual residential
				well immediately when an emergency exists. An emergency is deemed to exist when
				an existing individual residential well has suddenly been rendered useless or
				the water quality is not fit for human consumption and a replacement well is
				needed to provide a potable water supply. The Notice of Intent and associated
				fee shall be submitted within 24 hours of well construction.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.F - GENERAL PERMIT FEE

Current through Register Vol. 48, No. 6, June 28, 2024
1. Each well
			 driller, owner, or agent applying for a general permit to construct a new or
			 replacement individual residential well or irrigation well shall pay to the
			 Department a fee in accordance with Regulation Regulation 61-30, Environmental
			 Protection Fees.
2. Upon
			 notification of the Department, no permit fee shall be assessed to a well
			 driller, owner, or agent who has replaced, within one year of installation, an
			 unserviceable or otherwise unsatisfactory individual residential well or
			 irrigation well if the unserviceable or unsatisfactory well is properly
			 abandoned.
3. The fee collected
			 must be returned to the Department for the sole purpose of developing and
			 implementing the Individual Residential Well and Irrigation Well Program,
			 including proposed well construction review, compliance inspections, technical
			 assistance, enforcement, and for providing bacteriological analytical services
			 for new individual residential wells.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.G - REFERENCE

Current through Register Vol. 48, No. 6, June 28, 2024
The definitions and standards established by Regulation
				Regulation
				61-71, Well Standards, are
				herein adopted by reference.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.H - ENFORCEMENT

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of enforcing this regulation, an employee or
				duly authorized representative of the Department may enter at reasonable times
				the site of well construction on the property of an owner where a permit has
				been obtained pursuant to this regulation. The Department, upon receipt of
				information that a constructed individual residential well or irrigation well
				may present an unacceptable risk to health of the persons using the well or to
				the groundwaters of the State, or is in violation of any other applicable
				statutes or regulations, will initiate enforcement action against the well
				driller.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.I - VIOLATIONS; PENALTIES

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 Violations of this regulation shall be subject to penalties as provided in
			 Sections
			 48-1-320,
			 44-55-90
			 and
			 48-1-330 of the
			 1976 S.C. Code of Laws.
2. Whenever
			 the Department finds that a well driller is in violation of a permit,
			 regulation, standard, or requirement under this regulation, the Department,
			 after written notice of violation, may issue an order requiring the well
			 driller to comply with the permit, regulation, standard, or requirement, or may
			 request the Attorney General to commence an action under this subsection in the
			 appropriate court. The Department may also assess civil penalties as provided
			 in this section for violations of the provisions of this regulation including
			 any order, permit, regulation, or standard.
3. A well driller who fails to take
			 appropriate corrective action, after receiving written notice of violation of a
			 provision of this regulation, is liable for civil penalties or criminal
			 prosecution.
4. A well driller who
			 fails to notify the Department per Section D.5, or fails to obtain coverage
			 under the general permit, after receiving written notice of violation of a
			 provision of this regulation, is liable for civil penalties.
5. The Department shall have full access to a
			 well driller's bond required by the Department of Labor, Licensing, and
			 Regulation to correct a violation of this regulation and/or Regulation
			 Regulation
			 61-71, Well Standards, where, as
			 part of a Department enforcement action, a well driller is unwilling or unable
			 to take required corrective actions.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-44 - Individual Residential Well and Irrigation Well Permitting › Section 61-44.J - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, clause, phrase, or
				other part of this regulation be declared invalid for any reason, the remainder
				shall not be affected thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-45 - South Carolina Central Cancer Registry › Section 61-45.A - PURPOSE

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation establishes rules implementing Sections
				44-35-20
				through -40, 1976 S.C. Code of Laws and Supplement, regarding the South
				Carolina Central Cancer Registry (SCCCR) requirements for reporting cancer
				cases, data elements to be collected, content and design of forms and reports,
				and the procedures for disclosure of confidential registry information.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-45 - South Carolina Central Cancer Registry › Section 61-45.D - CANCER CASE IDENTIFICATION

Current through Register Vol. 48, No. 6, June 28, 2024
All health care providers shall provide case finding documents
				to permit identification of cancer cases to be reviewed and reported. These
				case finding documents shall include the following: disease and operation
				indices for cancer cases; pathology and cytology reports; new patient radiation
				or chemotherapy logs; and other alternative information deemed necessary to
				identify or verify reportable cancer cases.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-45 - South Carolina Central Cancer Registry › Section 61-45.E - DATA ITEMS TO BE REPORTED

Current through Register Vol. 48, No. 6, June 28, 2024
All health care providers shall provide to DHEC at least the
				following data items on all reportable cancer cases in accordance with standard
				definitions as listed in the current edition of the NAACCR Standards for Cancer
				Registries, Volume II, Data Standards and Data Dictionary obtained from the
				NAACCR. The current edition of NAACCR standards can be obtained from the SCCCR
				office at DHEC:
1. Last name, first
			 name, middle initial
2. Address at
			 initial diagnosis, including city, county, State, and zip code (zip +" 4, where
			 available)
3. Race
4. Spanish/Hispanic origin (if
			 applicable)
5. Sex
6. Birth date
7. Social security number
8. Information on the industrial history of
			 the individual with the cancers, to the extent such information is available
			 from the same medical record
9.
			 Information on the occupational history of the individual with the cancers, to
			 the extent such information is available from the same record
10. Date of diagnosis
11. Date of admission
12. Source of information
13. Primary site of the cancer
14. Morphology type, behavior, and
			 grade
15. Sequence number of the
			 cancer
16. Laterality
17. Diagnostic confirmation
18. Stage of disease (pursuant to Summary
			 Staging Guide)
19. Date and type of
			 first course of definitive treatment when available in the medical
			 record
20. Date of death
21. Underlying cause of death
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-45 - South Carolina Central Cancer Registry › Section 61-45.F - CONTENT AND DESIGN OF FORMS AND REPORTS

Current through Register Vol. 48, No. 6, June 28, 2024
1. The information to be reported shall be
			 provided on forms supplied by DHEC. The forms must be completed entirely.
			 Supplemental information can be supplied for forms that cannot be completed
			 entirely by submitting copies of pertinent medical information to include, at a
			 minimum, pathology reports, history and physical, discharge summary, and
			 radiographic reports.
2. Case
			 reports from facilities with existing computerized cancer registries shall be
			 submitted on appropriate electronic medium provided their data items are in
			 accordance with national standards utilized by the SCCCR. The data must be
			 submitted according to the NAACCR standard record layout as specified in the
			 current edition of the Standards for Cancer Registries, Volume II, Data
			 Standards and Data Dictionary.
3.
			 Reportable cases from facilities served by the SCCCR field staff shall be
			 collected in a manner determined by DHEC.
4. The SCCCR staff shall document on standard
			 forms the reportability status and record review status of each health care
			 provider that is contacted.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-45 - South Carolina Central Cancer Registry › Section 61-45.G - PROCEDURES FOR DISCLOSURE OF CONFIDENTIAL INFORMATION

Current through Register Vol. 48, No. 6, June 28, 2024
1. In accordance with Section
			 44-35-40,
			 all data obtained from cancer reports submitted to the SCCCR are confidential.
			 All data collected is confidential pursuant to Section
			 44-1-110.
			 Information identifying individuals with cancer is exempt from Freedom of
			 Information requests pursuant to Section
			 30-4-40,
			 "Freedom of Information Act", and may not be made available to the public.
			 Identifying information regarding patients, physicians, or reporting facilities
			 is not available by subpoena, and may only be released pursuant to a court
			 order.
2. Data collected on
			 patients whose legal residential address is outside the State of South Carolina
			 may be shared with other State cancer registries provided a reciprocal data
			 sharing agreement is in place with the respective State Health Departments. The
			 SCCCR will insure that such agreements with other States provide data
			 confidentiality provisions.
3. The
			 DHEC CCAC shall advise and make recommendations to the Department about the
			 issues related to cancer surveillance, including all Central Cancer Registry
			 activities. A subcommittee of the CCAC called the Surveillance Subcommittee
			 shall have specific responsibility to determine the appropriateness of requests
			 for confidential data release. Membership of this subcommittee shall consist of
			 statewide representation of cancer researchers, the South Carolina Medical
			 Association, the South Carolina Hospital Association, and the South Carolina
			 Budget and Control Board Office of Research and Statistics. Strict criteria set
			 forth in the SCCCR Data Release Protocol written in coordination with the South
			 Carolina Budget and Control Board Office of Research and Statistics Principles
			 and Protocol for Release of Health Data shall be utilized to review each data
			 release request. This Subcommittee also assures the DHEC Internal Review Board
			 approval when appropriate in order to assure protection of human
			 subjects.
4. Each applicant
			 requesting access to confidential information will follow the procedure
			 outlined in the SCCCR Data Release Protocol, completing the application and
			 providing the required information, documentation, and assurances. The
			 applicant shall provide, at no cost to the SCCCR, a reprint of each publication
			 using Registry information. Any report or published papers must acknowledge
			 DHEC and the SCCCR and data must only be published according to its intended
			 purpose on the application for data release.
5. Requests for non-confidential data as
			 specified in the SCCCR Data Release Protocol will be processed by SCCCR staff,
			 subject to the confidentiality provisions set forth in DHEC
			 regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-45 - South Carolina Central Cancer Registry › Section 61-45.H - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
If any provision of these regulations or the application
				thereof to any facility, individual or circumstance shall be held invalid, such
				invalidity shall not affect the provisions or application of the regulations
				which can be given effect, and to this end the provisions of the regulations
				are declared to be severable.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.A - GENERAL PROVISIONS

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 Purpose and Scope. This regulation outlines requirements for producers,
			 harvesters, processors, and transporters of shellfish and is intended to
			 protect the health of consumers of shellfish. The requirements, standards, and
			 implementation methods outlined herein are consistent with the National
			 Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish,
			 published by the United States Department of Health and Human Services, U.S.
			 Food and Drug Administration. The National Shellfish Sanitation Program Guide
			 for the Control of Molluscan Shellfish is partially incorporated by reference
			 within these regulations. This Regulation is intended to protect the health of
			 consumers of shellfish by:
(a) Establishing
			 sanitary controls for the production, processing, harvesting, handling,
			 distribution, and transportation of shellfish;
(b) Classifying coastal shellstock growing
			 areas in accordance with accepted public health standards;
(c) Prohibiting the distribution of
			 adulterated shellfish; and
(d)
			 Establishing permit and certification requirements for commercial shellfish
			 activities.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.D - SPECIAL SHELLSTOCK HANDLING

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 Relaying.
(a) Shellstock may be harvested and
			 relayed from restricted or conditionally restricted areas to approved or
			 conditionally approved areas for natural biological purification. The
			 shellstock for relaying shall be of such quality that purification will be
			 effective in reducing contaminants to safe levels.
(b) Following approval by the South Carolina
			 Department of Natural Resources, relaying operations may be permitted and
			 supervised by the Department. Only shellfish harvested from waters meeting
			 approved area criteria as defined in B.3 shall be certified for
			 marketing.
(c) Applications for
			 Relay Permits must designate whether the shellfish are being relayed for direct
			 marketing or for South Carolina Department of Natural Resources planting credit
			 purposes.
(d) Shellfish relayed
			 from a restricted or conditionally restricted area to an approved area for
			 subsequent harvesting for direct marketing purposes shall remain planted for a
			 period of not less than fourteen (14) consecutive days when the water
			 temperature is above fifty (50) degrees Fahrenheit [ten (10) degrees
			 Centigrade]. If the water temperature is less than fifty (50) degrees
			 Fahrenheit, the Department shall make a determination as to an adequate time
			 period to ensure natural purification. Shellfish relayed from a restricted area
			 to a conditionally approved area for direct marketing purposes shall remain
			 planted for a period of not less than fourteen (14) consecutive days when the
			 water temperature is above fifty (50) degrees Fahrenheit and the area is in an
			 open status. If the water temperature is less than fifty (50) degrees
			 Fahrenheit, or if the area is downgraded to a closed status, the Department
			 shall make a determination as to an adequate time period to ensure natural
			 purification.
(e) Shellfish relayed
			 for planting credit purposes shall remain planted for a minimum of four
			 months.
(f) Shellfish relayed to
			 approved or conditionally approved areas shall not be re-harvested until
			 authorized by the Department.
(g)
			 Areas to which shellstock are relayed shall be readily identified and marked.
			 These areas shall be situated in a manner to avoid contamination of shellstock
			 in adjacent growing areas.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.E - SHELLFISH SAMPLING AND STANDARDS

Current through Register Vol. 48, No. 6, June 28, 2024
1. Sampling and Testing. Samples of shellfish
			 may be taken for scientific examination for public health purposes at any
			 reasonable time or place by agents of the Department. Samples of shellfish
			 shall be furnished as necessary by processors and operators of facilities,
			 trucks, carriers, stores, restaurants, and other places where shellfish are
			 sold. Receipt for shellfish used for sampling shall be given upon request. The
			 type of test to be performed shall be included on the receipt.
2. Adulteration Standards. In determining
			 bacteriological adulteration of shellfish, the Department shall use an
			 Escherichia coli Most Probable Number (MPN) of two hundred and thirty per one
			 hundred grams of sample and a total bacteria count of five hundred thousand per
			 gram. Shellfish containing levels of pathogenic organisms or other substances
			 that render the shellfish potentially unsafe for human consumption shall also
			 be deemed adulterated by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.F - LABORATORY PROCEDURES

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 General. Laboratory analyses shall be performed by a State laboratory or a
			 laboratory authorized by the Department. Laboratories shall conform to
			 requirements of National Shellfish Sanitation Program Guide for the Control of
			 Molluscan Shellfish Model Ordinance (chapter) III. Laboratory.
2. Microbiological. Methods, practices, and
			 procedures for the analysis of shellfish and shellfish growing or harvest
			 waters shall be the methods required by the National Shellfish Sanitation
			 Program.
3. Physical and Chemical.
(a) Methods for the analysis of shellfish and
			 shellfish growing or harvest waters shall:
(1) Be the current Association of Analytical
			 Chemists (AOAC) or American Public Health Association (APHA) method for all
			 physical and chemical measurements; and
(2) Express results of all chemical and
			 physical measurements in standard units, and not instrument readings.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.G - CERTIFICATION AND PERMITTING PROCEDURES

Current through Register Vol. 48, No. 6, June 28, 2024
1. General.
(a) It shall be unlawful for any person to
			 shuck, pack, repack, depurate, transport in interstate commerce, or purchase
			 from harvesters or growers, shellfish, who does not possess the appropriate
			 valid certified shipper certificate issued by the Department or other
			 appropriate state shellfish control authority. This item shall not be construed
			 to prevent the transport of non-adulterated shellfish products by common
			 carriers in the hire of a certified shipper, provided shellfish products shall
			 be transported and handled in accordance with applicable provisions of this
			 Regulation.
(b) Certified shipper
			 certificates shall be of the following types:
(1) Shucker-Packer;
(2) Repacker;
(3) Shellstock Shipper;
(4) Reshipper;
(5) Depuration Processor.
(c) It shall be unlawful for any
			 person to sell, offer for sale, distribute for financial consideration, or
			 market shellfish for any purpose related to human consumption that have not
			 been processed by a certified shipper.
(d) Nothing in this section shall be
			 construed to prevent the intrastate distribution or sale of shellfish products
			 for human consumption by persons not possessing a certified shipper certificate
			 issued by the Department, provided, however, that it shall be unlawful for any
			 person who has not been issued a valid certified shipper certificate to:
(1) Sell or offer for sale any shellfish that
			 have not been obtained from a certified shipper;
(2) Sell or offer for sale any shellfish in
			 non-original packaging, and without original tags or labels as affixed by the
			 certified shipper from which the shellfish were obtained, provided, however,
			 that this item shall not apply to persons possessing a valid operating permit
			 issued under authority of South Carolina R.61-25 Retail Food
			 Establishments, provided shellfish have been obtained from a certified
			 shipper;
(3) Transport or store
			 shellfish offered or intended for sale in vehicles that are not constructed,
			 operated, and maintained to prevent contamination and deterioration of
			 shellfish;
(4) Sell or offer for
			 sale adulterated shellfish;
(5)
			 Sell or re-distribute shellfish to certified shippers.
(e) It shall be unlawful for any person to
			 relay, construct or operate a wet storage facility, construct or operate an
			 aquaculture facility, construct a depuration facility, or harvest for
			 depuration who does not possess the appropriate valid permit issued by the
			 Department. Permits shall be of the following types:
(1) Relaying Permit;
(2) Wet Storage Facility Operating
			 Permit;
(3) Wet Storage Facility
			 Construction Permit;
(4) Depuration
			 Harvest Permit;
(5) Depuration
			 Facility Construction Permit;
(6)
			 Aquaculture Facility Construction Permit;
(7) Aquaculture Facility Operating Permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.H - INSPECTION AND COMPLIANCE

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 Inspections.
(a) Access. For the purpose of
			 determining compliance with this Regulation, authorized representatives of the
			 Department shall, upon display of proper identification, be permitted to enter
			 at any reasonable time any facility, establishment, market, vessel, or vehicle
			 used to harvest, handle, process, store, sell, or transport
			 shellfish.
(b) Inspection
			 Frequency.
(1) Certified Shippers. Following
			 issuance of a certified shipper certificate, unannounced performance-based
			 inspections shall be made during periods of activity. Inspections and
			 re-inspections shall be made, as determined necessary by the Department, for
			 the effective enforcement of this Regulation. At a minimum, certified shipper
			 facilities shall be inspected in accordance with the following frequencies:
(a) monthly for Depuration
			 Processors;
(b) quarterly for
			 Shucker-Packers or Repackers;
(c)
			 semi-annually for Shellstock Shippers or Reshippers.
(2) Permits. Following issuance of any
			 permit, inspections shall be made during periods of activity as necessary for
			 the effective enforcement of this Regulation.
(c) Records. Authorized representatives of
			 the Department shall, upon display of proper identification, be permitted to
			 examine the records of any facility, establishment, or operation certified or
			 permitted by the Department in accordance with this Regulation, for the purpose
			 of obtaining information pertaining to shellfish grown or harvested, purchased,
			 received, sold, shipped, distributed, shucked, packed, depurated or processed
			 in any manner.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.I - CERTIFIED SHIPPER FACILITIES

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 General Requirements. In addition to and to the extent not inconsistent with
			 other applicable provisions of this Regulation, certified shippers shall comply
			 with the following sections of the National Shellfish Sanitation Program Guide
			 for the Control of Molluscan Shellfish Model Ordinance (chapter) X. General
			 Requirements For Dealers:
(a) .01 General
			 HACCP Requirements;
(b) .02 General
			 Sanitation Requirements;
(c) .03
			 Other Model Ordinance Requirements;
(d) .07 Post Harvest Process Labeling;
			 and
(e) .08 Shipping Documents and
			 Records.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.J - SHUCKER-PACKERS

Current through Register Vol. 48, No. 6, June 28, 2024
1. General
			 Requirements. In addition to and to the extent not inconsistent with other
			 applicable provisions of this Regulation, shucker-packers shall comply with
			 dealer requirements of the National Shellfish Sanitation Program Guide for the
			 Control of Molluscan Shellfish Model Ordinance (chapter) XI. Shucking and
			 Packing.
2. Heat Shock. Heat shock
			 shall only be conducted in accordance with a scheduled heat shock process
			 authorized by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.K - REPACKERS

Current through Register Vol. 48, No. 6, June 28, 2024
General Requirements. In addition to and to the extent not
				inconsistent with other applicable provisions of this Regulation, repackers
				shall comply with National Shellfish Sanitation Program Guide for the Control
				of Molluscan Shellfish Model Ordinance (chapter) XII. Repacking Of Shucked
				Shellfish.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.L - SHELLSTOCK SHIPPERS

Current through Register Vol. 48, No. 6, June 28, 2024
General Requirements. In addition to and to the extent not
				inconsistent with other applicable provisions of this Regulation, shellstock
				shippers shall comply with National Shellfish Sanitation Program Guide for the
				Control of Molluscan Shellfish Model Ordinance (chapter) XIII. Shellstock
				Shipping.