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 200 - ANIMAL FACILITIES (OTHER THAN SWINE) › Section 61-43.200.60 - Public Notice Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				For new animal facilities, the applicant shall notify all property owners
				within 1,320 feet of the proposed location of the facility (footprint of
				construction) of the applicant's intent to build an animal facility. The
				applicant shall use a notice of intent form provided by the Department. The
				Department shall post the Public Notice of application received on the
				Department's website for fifteen (15) business days. The Department may also
				post up to four (4) notices, in the four (4) cardinal directions around the
				perimeter of the property or in close proximity to the property, in locations
				visible to the public within the public right-of-ways determined by the
				Department. The notice of intent on the Department's website shall advise
				adjoining property owners that they can send comments on the proposed animal
				facility directly to the Department.
B. For properties that have multiple owners
				or properties that are in an estate with multiple heirs, the Department, shall
				publish a notice of intent to construct an animal facility on the Department's
				website. This notice on the Department's website shall serve as notice to these
				multiple property owners of the producer's intent to build an animal
				facility.
C. For existing animal
				facilities seeking to expand their current operations, the Department shall
				post the Public Notice of application received on the Department's website for
				fifteen (15) business days. The Department may also post up to four (4) notices
				in the four (4) cardinal directions around the perimeter of the property or in
				close proximity to the property, in locations visible to the public
				right-of-way or as determined by the Department.
D. The Department shall review all comments
				received. If the Department receives twenty (20) or more letters from different
				"Affected Persons" requesting a meeting or the Department determines
				significant comment exists, a meeting shall be held to discuss and seek
				resolution to the concerns prior to a permit decision being made. All persons
				who have submitted written comments shall be invited in writing to the meeting.
				First Class US mail service, email, or hand delivery to the address of a person
				to be notified shall be used by the Department for the meeting invitation.
				However, if the Department determines that the number of persons who submitted
				written comments is significant, the Department shall publish a notice of the
				public meeting on the Department's website instead of notifying each individual
				by First Class mail or email. In addition, the Department shall notify all
				group leaders and petition organizers in writing. Agreement of the parties is
				not required for the Department to make a permit decision.
E. When comments are received by email, the
				Department shall acknowledge receipt of the comment by email. These comments
				shall be handled in the same manner as written comments received by postal
				mail.
F. The Department shall
				consider all relevant comments received in determining a permit
				decision.
G. The Department shall
				give notice of the permit decision to issue or deny the permit to the
				applicant, all persons who commented in writing to the Department, and all
				persons who attended the meeting, if held. First Class US mail service or email
				shall be used by the Department for the notice of decision. However, if the
				Department determines that members of the same group or organization have
				submitted comments or a petition, the Department shall only notify all group
				leaders and petition organizers in writing. The Department shall ask these
				leaders and organizers to notify their groups or any concerned citizens who
				signed the petitions.
H. For permit
				issuances, the Department shall publish a notice of issuance of a permit to
				construct or expand an animal facility on the Department's website.
I. For permit denials, the Department shall
				give the permit applicant a written explanation, which outlines the specific
				reasons for the permit denial.
J.
				For permit denials, the Department shall publish a notice of decision on the
				Department's website.
K. The
				Department shall include, at a minimum, the following information in the public
				notices on permit decisions: the name and location of the facility; a
				description of the operation and the method of manure handling; instructions on
				how to appeal the Department's decision; the time frame for filing an appeal;
				the date of the decision; and the date upon which the permit becomes
				effective.