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 61-43.400.50 - Permit Decision Making Process

Current through Register Vol. 48, No. 6, June 28, 2024
A. No permit shall be issued before the
				Department receives a complete application for a permit.
B. After the Department has received a
				complete application package, a technical review shall be conducted by the
				Department. The Department may request any additional information or
				clarification from the applicant or the preparer of the Broker/Land Applier
				Management Plan to help with the determination on whether a permit should be
				issued or denied. If a permit application package meets all applicable
				requirements of this part, a permit may be issued.
C. A site inspection of any proposed sites
				for dry animal manure and other animal by-products storage or treatment
				facilities shall be made by the Department before a permit decision is
				made.
D. For permit issuances, the
				Department shall publish a notice of issuance of a permit to operate a dry
				animal manure brokering operation on the Department's website.
E. For permit denials, the Department shall
				give the permit applicant a written explanation, which outlines the specific
				reason(s) for the permit denial.
F.
				When a permit is issued, it shall contain an issue date and an effective date.
				The effective date shall be at least fifteen (15) calendar days after the issue
				date to allow for any appeals. If a timely appeal is not received, the permit
				is effective.
G. Permits issued
				under this part for broker/land applier operations shall be renewed every five
				(5) years. However, subsequent to the issuance of a permit, if the broker/land
				applier operation is not in operation or production for two (2) consecutive
				years, the permit is no longer valid and a new permit shall be obtained. If the
				Broker/Land Applier does not apply for permit renewal or does not fulfill the
				requirements of the permit renewal, the permit is terminated. Should the
				broker/land applier allow his or her permit to expire and apply for a new
				permit within the two (2) years, the broker/land applier will be required to
				update the management plan before the permit is re-issued.
H. An expired broker/land applier operation
				permit which was issued under this part continues in effect until a new permit
				is effective only if the permittee submits a complete application, to the
				satisfaction of the Department, at least one hundred twenty (120) calendar days
				before the existing permit expires. The Department may grant permission to
				submit an application later than the deadline for submission stated above, but
				no later than the permit expiration date. If the facility has been closed for
				any two (2) consecutive years since the last permit was issued, the provision
				for the expiring permit remaining in effect does not apply since the permit is
				no longer valid. Permittees shall notify the Department in writing when they go
				out of business.
I. At the time of
				the broker/land applier's renewal application, the Department shall review the
				yearly Animal Waste Balance Reporting Form, for every year of the current
				permit. The Department may request additional documentation based on the review
				of the Animal Waste Balance Reporting Form. The broker/land applier is required
				to add routine application sites to an updated management plan at the time of
				renewal. These manure utilization areas that are added to the broker management
				plan shall meet all the requirements for manure utilization areas included in
				Part 200 of this regulation.
J. The
				brokering/land applying operation can only be built (if a manure storage or
				treatment facility was included) or operated when the permit is effective. The
				dry animal manure and other animal by-products treatment or storage facility
				cannot be placed into operation until the Department grants an ATO.
K. For manure brokers/land appliers who do
				not have any constructed facilities associated with their operations, the
				Department shall issue a permit with an effective date. Once this permit is
				effective the broker/land applier may begin operations. No additional written
				approval from the Department shall be required.
L. For manure brokers/land appliers who are
				permitted to construct a storage or treatment facility associated with the
				brokering/land applying operation, approval to begin operations shall be
				obtained prior to operation. To receive approval to begin operations, the
				broker/land applier shall have the preparer of the Broker/Land Applier
				Management Plan submit to the Department written certification that the
				construction of the dry animal manure and other animal by-products treatment or
				storage facility has been completed in accordance with the approved Broker/Land
				Applier Management Plan and the requirements of this regulation.
M. The Department shall conduct a final
				inspection of any dry animal manure and other animal by-products treatment or
				storage facilities before granting approval to a broker/land applier to begin
				operations (if applicable).
N. The
				Department shall grant written approval for the broker/land applier to begin
				operations of the dry animal manure and other animal by-products treatment or
				storage facility after it has received the certification statement in 400.50.M
				and the results of the final inspection, if conducted, are
				satisfactory.