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 61-43.200.50 - Permit Application Procedures (Animal Facility Management Plan Submission Requirements)

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Preliminary Site Evaluations. The Department shall perform a preliminary
				evaluation of the proposed site at the request of the applicant. Written
				requests for a preliminary site inspection shall be made using a form provided
				by the Department. The Department shall not schedule a preliminary site
				inspection until all required information specified in the form has been
				submitted to the Department. This evaluation should be performed prior to
				preparation of the Animal Facility Management Plan. Once the preliminary site
				inspection is performed, the Department shall issue an approval or disapproval
				letter for the proposed site.
B. A
				producer who proposes to build a new animal facility or expand an existing
				animal facility shall make application for a permit under this part using an
				application form provided by the Department. The following information shall be
				included in the application package.
1. A
				completed and accurate application form.
2. An Animal Facility Management Plan
				prepared by qualified Natural Resources Conservation Service (NRCS) personnel
				or a S.C. registered professional engineer (PE). Other qualified individuals,
				such as certified soil scientists or S.C. registered professional geologists
				(PG), may prepare the land application component of an Animal Facility
				Management Plan. The Animal Facility Management Plan shall, at a minimum,
				contain:
a. Facility name, address, telephone
				numbers, email address (if applicable), county, and National Pollutant
				Discharge Elimination System Permit or other permit number (if
				applicable);
b. Facility location
				description and the zoning or land use restrictions in this area (this
				information is available from the county);
c. Applicant's name, address, email, and
				telephone number (if different from above);
d. Operator's name and CAMM number (if
				available)
e. Facility capacity;
i. Number and type of animals;
ii. Pounds of normal production animal live
				weight at any one time;
iii. Amount
				of animal manure and other animal by-products generated per year (gallons for
				liquid animal manure and pounds for dry animal manure);
iv. Amount in tons of any scraped or
				separated solid animal manure and other animal by-products generated per year
				(if applicable);
v. Description of
				animal manure and other animal by-products storage and storage capacity of
				lagoon, treatment system, or manure storage pond (if applicable); and
vi. Description of animal manure and other
				animal by-products treatment (if any).
f. Concentration of constituents in liquid
				animal manure including, but not limited to, the constituents given below:
i. Nutrients.
(a) Nitrate (only needed for aerobic
				systems).
(b)
				Ammonium-Nitrogen.
(c) Total
				Kjeldahl Nitrogen (TKN).
(d)
				Organic-Nitrogen (TKN - Ammonium-Nitrogen).
(e)
				P2O5.
(f) K2O
				(potash).
ii.
				Constituents.
(a) Arsenic.
(b) Copper.
(c) Zinc.
iii. Name, address, S.C. lab certification
				number, and telephone number of the laboratory conducting the
				analyses.
iv. For new animal
				facilities, liquid animal manure analysis information does not have to be
				submitted as the Department shall use manure analyses from similar sites or
				published data (such as: Clemson University, American Society of Agricultural
				Engineers, Midwest Planning Service Document, NRCS Technical Guide or
				equivalent) in review of the application. Analysis of the actual animal manure
				generated shall be submitted to the Department twelve (12) months after a new
				animal facility starts operation or prior to the first application of animal
				manure to a manure utilization area, whichever occurs first. If this analysis
				is significantly different from the estimated analysis used in the permitting
				decision, the Department may require a permit modification as necessary to
				address the situation. Analysis shall be conducted by a laboratory certified by
				the Department. This laboratory shall have and maintain certification for the
				constituents to be analyzed.
g. Concentration of constituents in dry
				animal manure including, but not limited to, the following:
i. Nutrients (on a dry weight basis).
(a) Total Kjeldahl Nitrogen
				(mg/kg).
(b) Total inorganic
				nitrogen (mg/kg).
(c) Total ammonia
				nitrogen (mg/kg) and Total nitrate, nitrogen (mg/kg).
(d)
				P2O5 (mg/kg).
(e) K2O
				(mg/kg).
(f) Calcium Carbonate
				equivalency (if animal manure is alkaline stabilized).
ii. Constituents (on a dry weight basis).
(a) Arsenic (mg/kg).
(b) Copper (mg/kg).
(c) Zinc (mg/kg).
iii. Name, address, S.C. lab certification
				number, and telephone number of the laboratory conducting the
				analyses.
iv. For new animal
				facilities, dry animal manure analysis information does not have to be
				submitted as the Department shall use manure analyses from similar sites or
				published data (such as: Clemson University, American Society of Agricultural
				Engineers, Midwest Planning Service Document, NRCS Technical Guide or
				equivalent) in review of the application. Analysis of the actual dry animal
				manure generated shall be submitted to the Department twelve (12) months after
				a new animal facility starts operation or prior to the first application of
				animal manure to a manure utilization area, whichever occurs first. If this
				analysis is significantly different from the estimated analysis used in the
				permitting decision, the Department may require a permit modification as
				necessary to address the situation. Analysis shall be conducted by a laboratory
				certified by the Department. This laboratory shall have and maintain
				certification for the constituents to be analyzed.
h. Animal manure and other animal by-products
				handling and application information shall be included as follows:
i. A crop management plan which includes the
				time of year of the animal manure application and how it relates to crop type,
				crop planting, and harvesting schedule (if applicable) for all manure
				utilization areas;
ii. Name,
				address, and telephone number of the producer(s) that will land apply the
				animal manure and other animal by-products if different from the
				permittee;
iii. Type of equipment
				used to transport and/or spread the animal manure and other animal by-products
				(if applicable); and
iv. For spray
				application systems, plans and specifications with supporting details and
				design calculations for the spray application system.
i. Facility and manure utilization area
				information shall be included (as appropriate):
i. Name, address, and tax map number of
				landowner and location of manure utilization area(s);
ii. List previous calendar years that animal
				manure and other animal by-products were applied and application amounts, where
				available;
iii. Facility and manure
				utilization area location(s) on maps drawn to approximate scale including:
(a) Topography (7.5' or equivalent) and
				drainage characteristics (including ditches);
(b) Adjacent land usage (within 1/4 mile of
				property line minimum) and location of inhabited dwellings and public places
				showing property lines and tax map number;
(c) All known water supply wells on the
				applicant's property and within 200 feet of the facility's property line or
				within 200 feet of any manure utilization areas;
(d) Adjacent surface water bodies (including
				ephemeral and intermittent streams);
(e) Animal manure utilization area boundaries
				and buffer zones;
(f) right-of-ways
				(Utilities, roads, etc.);
(g) Soil
				types as given by soil tests or soils maps, a description of soil types, and
				boring locations (if applicable);
(h) Recorded plats, surveys, or other
				acceptable maps that include property boundaries; and
(i) Information showing the 100-year and
				500-year floodplain (as determined by FEMA).
iv. For manure utilization areas not owned by
				the permit applicant, a signed agreement between the permit applicant and the
				landowner acceptable to the Department detailing the liability for the land
				application. The agreement shall include, at a minimum, the following:
(a) Producer's name, farm name, farm address,
				CAMM number, and county in which the farm is located;
(b) Landowner's name, address, phone
				number;
(c) Location (map with road
				names, tax map numbers, and county identified) of the land to receive manure
				application;
(d) Field acreage,
				acreage less setbacks, and crops grown;
(e) Name of manure hauler;
(f) Name of manure applier;
(g) A statement that land is not included in
				any other management plans and manure or compost from another farm is not being
				applied on this land; and any manure utilization areas that are included in
				multiple Animal Facility Management Plans, identify the names of all facilities
				that include this manure utilization area in their plan; and
(h) A signed statement which informs the
				landowner that he or she is responsible for spreading and utilizing this manure
				in accordance with the requirements of the Department and this
				regulation.
3. Groundwater monitoring well details and
				proposed groundwater monitoring program (if applicable).
4. The Animal Facility Management Plan shall
				contain an odor abatement plan for the animal facility, lagoon, treatment
				system, manure storage pond, and manure utilization areas. For more specific
				details, see Section 200.150 (Odor Control Requirements).
5. A Vector Abatement Plan shall be included
				for the animal facility, lagoon, treatment system, manure storage pond, and
				manure utilization areas. For more specific details see Section 200.160 (Vector
				Control Requirements).
6. The Dead
				Animal Disposal Plan shall include written details for the handling and
				disposal of dead animals. Plans should detail method of disposal, any
				construction specifications necessary, and management practices. See Section
				200.130 (Dead Animal Disposal Requirements) for specific requirements on dead
				animal disposal.
7. A Soil
				Monitoring Plan shall be developed for all manure utilization areas. See
				Section 200.100 (Manure Utilization Area Requirements) for more detailed
				information.
8. Plans and
				specifications for all other manure treatment or storage structures, such as
				holding tanks or manure storage sheds.
9. All "Notice of Intent to Build or Expand
				an Animal Facility" forms provided by the Department and a tax map (or
				equivalent) to scale showing all neighboring property owners and identifying
				which property has inhabited dwellings. See Section 200.60 (Public Notice
				Requirements) for more detailed information.
10. An Emergency Plan. The emergency plan
				should, at a minimum, contain a list of entities or agencies the producer shall
				contact in the event of lagoon, treatment system, or manure storage pond
				breach, mass animal mortality, fire, flood, or other similar type problem. For
				facilities in the coastal areas of the state, the emergency plan should address
				actions to be taken by a producer during hurricane season (such as providing
				additional freeboard during that time) and when advance warning is given on any
				extreme weather condition.
11. All
				waivers as specified in Section 200.80 (Facility, Lagoon, Treatment System, and
				Manure Storage Pond Siting Requirements), if applicable.
12. Application fee and first year's
				operating fee as established by R.61-30.