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 100 - SWINE FACILITIES › Section 61-43.100.120 - Frequency of Monitoring for Swine Manure

Current through Register Vol. 48, No. 6, June 28, 2024
A. The producer and/or integrator shall be
				responsible for having representative samples based on Clemson University
				Extension Service recommendations of the swine manure collected and analyzed at
				least once per year and when the feed composition significantly changes. The
				constituents to be monitored shall be given in the permit. The analyses shall
				be used to determine the amount of swine manure to be land applied. In order to
				ensure that the permitted application rate (normally the agronomic rate) is
				met, the application amount shall be determined using a rolling average of the
				previous analyses. The Department shall establish minimum requirements for the
				proper method of sampling and analyzing of swine manure. Facilities with
				permits that do not specify which constituents to monitor shall monitor for
				ammonium-nitrogen, Total Kjeldahl Nitrogen (TKN), organic nitrogen (organic
				nitrogen = TKN - ammonium nitrogen),
				P2O5, and
				K2O.
B. The
				Department may require nitrogen, potassium, phosphorus, the constituents listed
				in Table 1 and Table 2 of Section 100.100 (Manure Utilization Area
				Requirements), and any other constituent contained in a permit to be monitored
				prior to each application.
C.
				Permittees do not have to analyze for any constituent they can demonstrate, to
				the satisfaction of the Department, is not present in their swine
				manure.
D. All monitoring shall be
				done in accordance with collection procedures in Standard Methods for Analysis
				of Water and Wastewater or other Department guidelines. Analysis shall be
				conducted by Clemson University Extension Service or a laboratory certified by
				the Department. This laboratory shall have and maintain certification for the
				constituents to be analyzed.
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 100 - SWINE FACILITIES › Section 61-43.100.130 - Dead Swine Disposal Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Dead swine disposal shall be done as
				specified in the approved Animal Facility Management Plan. The Dead Swine
				Disposal Plan shall include the following:
1.
				Primary Method for the handling and disposal of normal mortality on the
				farm.
2. Alternate Method for the
				handling and disposal of excessive mortality at the facility. The normal method
				of disposal may not be sufficient to handle an excessive mortality situation.
				Each producer shall have a Department-approved emergency or alternate method to
				dispose of excessive mortality. Excessive mortality burial sites shall be
				preapproved by the Department prior to utilization.
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 100 - SWINE FACILITIES › Section 61-43.100.140 - Other Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. There
				shall be no discharge of pollutants from the operation into surface Waters of
				the State (including ephemeral and intermittent streams). There shall be no
				discharge of pollutants into groundwater, which could cause groundwater quality
				not to comply with the groundwater standards established in R.61-68.
B. On a case-by-case basis, the Department
				may impose additional or more stringent requirements for the management,
				handling, treatment, storage, or utilization of swine manure and other swine
				by-products.
C. 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
				Water Bodies List. Facilities and manure utilization areas located upstream of
				an impaired waterbody.
3. Proximity
				to Outstanding Resource Waters, trout waters, shellfish waters, or potential to
				adversely affect a federally listed endangered or threatened species, its
				habitat, or a proposed or designated critical habitat.
4. Aquifer Vulnerability Area is 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 100 - SWINE FACILITIES › Section 61-43.100.150 - Odor Control Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Animal Facility Management Plan shall
				contain an odor abatement plan for the swine facility, lagoon, treatment
				system, manure storage pond, and manure utilization areas. The plan shall
				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 100 - SWINE FACILITIES › Section 61-43.100.160 - Vector Control Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Vector Abatement Plan shall, at a
				minimum, consist of the following:
1. Best
				management practices used at the swine facility, lagoon, treatment system,
				manure storage pond, and manure utilization areas 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 producer if vectors are identified
				as a problem at the swine facility, lagoon, treatment system, manure storage
				pond, or any manure utilization area. 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.
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 100 - SWINE FACILITIES › Section 61-43.100.170 - Record Keeping

Current through Register Vol. 48, No. 6, June 28, 2024
A. A copy
				of the approved Animal Facility Management Plan, including approved updates,
				and a copy of the permit(s) issued to the producer shall be retained by the
				permittee for as long as the swine facility is in operation.
B. All application information submitted to
				the Department shall be retained by the permittee for eight (8) years. However,
				if the facility was permitted prior to June 26, 1998, and the permittee has
				previously discarded these documents since there was no requirement to maintain
				records at that time, this requirement shall not apply.
C. Records shall be developed for each manure
				utilization area. These records shall be kept for eight (8) years. The records
				shall include the following:
1. For each time
				swine manure and other swine by-products are applied to the site, the amount of
				swine manure and other swine by-products applied (in gallons per acre or pounds
				per acre, as appropriate), the date and time of the application, and the
				location of the application;
2. All
				sampling results for swine manure that is land applied;
3. All soil monitoring results;
4. All groundwater monitoring results, if
				applicable; and
5. Crops
				grown.
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 100 - SWINE FACILITIES › Section 61-43.100.180 - Reporting

Current through Register Vol. 48, No. 6, June 28, 2024
A. All large and
				X-large swine operations shall submit, on a form approved by the Department,
				the following on an annual basis or more frequently if required by a permit or
				regulation:
1. All manure sampling results
				for the last year, if applicable, and the latest rolling average concentration
				for the land limiting constituent;
2. All soil monitoring results, if
				applicable;
3. All groundwater
				monitoring results, if applicable;
4. Calculated application rates for all
				manure utilization areas; and
5.
				The adjusted application rates, if applicable, based on the most recent swine
				manure sampling, soil samples, and crop yields. The application rate change
				could also be due to a change in field use, crop grown, or other
				factors.
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 100 - SWINE FACILITIES › Section 61-43.100.200 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
A. 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.
B. X-Large
				swine facilities shall be assessed automatic penalties (up to $10,000 per day
				per violation) for the following violations:
1. Lagoon, treatment system, or manure
				storage pond breach, or loss of containment that is not the direct result of an
				Act of God.
2. Manure Utilization
				Area runoff due to improper manure application methods.
3. Discharge to groundwater on site causing
				groundwater to exceed any water quality standard established 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 200 - ANIMAL FACILITIES (OTHER THAN SWINE) › Section 61-43.200.10 - Purpose, Applicability, Inactive Facilities, and Facilities Permitted Prior to the Effective Date of the

Current through Register Vol. 48, No. 6, June 28, 2024
A. Purpose.
1. To establish standards for the growing or
				confining of animals, processing of animal manure and other animal by-products,
				and land application of animal manure and other animal by-products in such a
				manner as to protect the environment, and the health and welfare of citizens of
				the State from pollutants generated by this process.
2. To establish standards, which consist of
				general requirements, constituent limits, management practices, and operational
				standards, for the utilization of animal manure and other animal by-products
				generated at animal facilities. Standards included in this part are for animal
				manure and other animal by-products applied to the land.
3. To establish standards for the frequency
				of monitoring and record keeping requirements for producers who operate animal
				facilities.
4. To establish
				standards for the proper operation and maintenance of animal
				facilities.
5. To establish
				criteria for animal facilities' and manure utilization areas' location as they
				relate to protection of the environment and public health. The location of
				animal facilities and manure utilization areas as they relate to zoning in an
				area is not covered in this regulation. Local county or municipal governments
				may have zoning requirements and this regulation neither interferes with nor
				restricts such zoning requirements. Permit applicants should contact local
				municipal and county authorities to determine any local requirements that may
				be applicable.
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 61-43.200.20 - 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 a new or expanded animal facility can only be
				generated, handled, stored, treated, processed, or land applied in the State in
				accordance with a permit issued by the Department under the provisions of this
				part. Existing producers that are required by the Department to update their
				Animal Facility Management Plan shall meet the requirements of this part to the
				extent practical as determined by the Department.
B. Permits issued under this regulation are
				no-discharge permits.
C. The
				requirements in this part shall be implemented through a permit issued to any
				producer who operates an animal facility where animal manure and other animal
				by-products are generated, handled, treated, stored, processed, or land
				applied.
D. The requirements under
				this part may be addressed in permits issued to producers who only land apply
				animal manure and other animal by-products.
E. Notification Requirements. The permittee
				shall notify the Department in writing and receive written Departmental
				approval, except as otherwise noted, prior to any change in operations at a
				permitted facility, including, but not limited to, the following:
1. Change in ownership and control of the
				facility. The Department has thirty (30) calendar days from the receipt of a
				complete and accurate notification of transfer of ownership to either: request
				additional information regarding the transfer or the new owner; deny the
				transfer; or approve the transfer of ownership. If the Department does not act
				within thirty (30) calendar days, the transfer is automatically approved. If
				additional information is requested by the Department in a timely manner, the
				Department shall act on this additional information, when it is received,
				within the same time period as the initial notification.
2. Increase in the permitted number of
				animals.
3. Addition of manure
				utilization areas.
4. Change in
				animal manure and other animal by-products treatment, handling, storage,
				processing, or utilization.
5.
				Change in method of dead animal disposal.
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 61-43.200.30 - Exclusions

Current through Register Vol. 48, No. 6, June 28, 2024
The following do not require permits from this part unless
				  specifically required by the Department under item 200.30.G.
A. Existing animal facilities that are deemed
				permitted under Section 200.10.D.1 are excluded from applying for a new permit
				unless an expansion is proposed, new manure utilization areas are added, or as
				required by the Department. However, deemed permitted facilities shall meet the
				requirements of this regulation as outlined in Section 200.10.D (Purpose,
				Applicability, Inactive Facilities, and Facilities Permitted Prior to the
				Effective Date of the Regulation).
B. Except as given in Section 200.30.G,
				animal facilities with only ranged animals, and no lagoon, treatment system, or
				manure storage pond is associated with the facility, are excluded from
				obtaining a permit from the Department. The range area shall be of sufficient
				size to allow for natural degradation or utilization of the animal manure with
				no adverse impact to the environment. Ranged facilities shall also maintain
				adequate vegetative buffers between the animal range and Waters of the
				State.
C. Except as given in
				Section 200.30.G, animal facilities, which do not have a lagoon, manure storage
				pond, or liquid manure treatment system, having 10,000 pounds or less of normal
				production animal live weight at any one time are excluded from obtaining a
				permit from the Department. However, these facilities shall have and implement
				an Animal Facility Management Plan for their facility that meets the
				requirements of this regulation.
D.
				Except as given in Section 200.30.G, animal facilities, which do not have a
				lagoon, manure storage pond, or liquid manure treatment system, having more
				than 10,000 pounds of normal production animal live weight at any one time and
				having less than 30,000 pounds of normal production animal live weight at any
				one time are excluded from obtaining a permit from the Department. However,
				these facilities shall submit an Animal Facility Management Plan to the
				Department and implement an Animal Facility Management Plan for their facility
				that meets the requirements of this regulation.
E. Except as given in Section 200.30.G,
				animal facilities that are not classified as commercial facilities are excluded
				from obtaining a permit from the Department.
F. Except as given in Section 200.30.G,
				animal facilities that hold valid permits issued by the Department are not
				required to obtain a new permit if they decide to replace in kind any of the
				animal growing houses.
G. Animal
				facilities exempted under Sections 200.30.A, B, C, D, E, and F may be required
				by the Department to obtain a permit. The Department shall visit the site
				before requiring any of these facilities to obtain a 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 200 - ANIMAL FACILITIES (OTHER THAN SWINE) › Section 61-43.200.40 - 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 includes animal 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 addressed 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 200 - ANIMAL FACILITIES (OTHER THAN SWINE) › Section 61-43.200.70 - 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 package.
B. The agricultural program of the Department
				is not involved in local zoning and land use planning. Local government(s) may
				have more stringent requirements for agricultural animal facilities. The
				permittee is responsible for contacting the appropriate local government(s) to
				ensure that the proposed facility meets all the local requirements.
C. 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 Animal Facility
				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.
D. A preliminary site inspection shall be
				made by the Department before a complete application package is received by the
				Department.
E. The Department shall
				act on all permits to prevent, so far as reasonably possible considering
				relevant standards under state and federal laws, an increase in pollution of
				the waters and air of the State from any new or enlarged sources.
F. The setback limits given in Part 200 are
				siting requirements. The Department shall evaluate the following factors to
				determine if any special conditions are necessary:
1. Latitude and Longitude;
2. Down-wind receptors; and
3. Nutrient Management Plan.
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 61-43.200.80 - Animal Facility, Lagoon, Treatment Systems, and Manure Storage Pond Siting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Siting
				requirements applicable to all animal facilities.
1. The minimum separation distance between an
				animal facility (animal growing areas, houses, pens or barns, not including
				range areas or manure utilization areas) and a public or private drinking water
				well (excluding the applicant's well) is 200 feet. The minimum separation
				distance between an animal facility and a potable water well owned by the
				applicant is 50 feet (as required by R.61-71).
2. The minimum separation distance between an
				animal facility and Waters of the State (including ephemeral and intermittent
				streams) located down slope from the facility is 100 feet.
3. Except for site drainage, the minimum
				separation distance required between an animal facility and a ditch or swale
				located down slope from the facility is 50 feet.
4. A new animal facility or an expansion of
				an established animal facility shall not be located in the 100-year
				floodplain.
5. The separation
				distance required between a small animal facility or growing areas (pens or
				barns not including range areas) and the lot line of real property owned by
				another person is 200 feet and 1,000 feet from the nearest residence.
6. The separation distance required between
				large or X-large animal facilities or growing areas (pens or barns not
				including range areas) and the lot line of real property owned by another
				person is 400 feet and 1,000 feet from the nearest residence.
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 61-43.200.100 - Manure Utilization Area Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application Rates. The Department shall
				approve an Animal Facility Management Plan that establishes an application rate
				for each manure utilization area based on the agronomic application rate of the
				specific crop(s) being grown, and the manure and other animal by-products'
				impact on the environment. The application rate shall be based on the limiting
				constituent (a nutrient or other constituent as given in item 200.100.B). In
				developing annual constituent loading rates and cumulative constituent loading
				rates, the Department shall consider:
1. Soil
				type;
2. Type of vegetation growing
				in land-applied area;
3. Proximity
				to 100-year floodplain;
4. Location
				in watershed;
5. Nutrient
				sensitivity of receiving land and waters;
6. Soil nutrient testing in conjunction with
				soil productivity information;
7.
				Nutrient, copper, zinc, and constituent content of the manure and other swine
				by-products being applied;
8.
				Proximity to a State Approved Source Water Protection Area;
9. Proximity to other point and nonpoint
				sources;
10. Slope of land
				(anything over ten percent (10%) must use runoff best management practices,
				runoff controls, or conservation features as per NRCS);
11. Distance to water table or groundwater
				aquifer;
12. Timing of manure
				application to coincide with vegetative cover growth cycle;
13. Timing of harvest of vegetative
				cover;
14. Hydraulic loading
				limitations;
15. Soil assimilative
				capacity;
16. Type of vegetative
				cover and its nutrient uptake ability;
17. Method of land application; and
18. Aquifer vulnerability.
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 61-43.200.110 - Spray Application System Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Spray application of liquid animal manure
				using irrigation equipment. This includes all methods of surface spray
				application, including, but not limited to, fixed gun application, traveling or
				mobile gun application, or center pivot application.
B. Manure utilization area slopes shall not
				exceed ten percent (10%) unless approved by the Department. The Department may
				require that slopes be less than ten percent (10%) based on site
				conditions.
C. Animal manure
				distribution systems shall be designed so that the distribution pattern
				optimizes uniform application.
D.
				Hydraulic Application Rates.
1. Application
				rates shall normally be based on the agronomic rate for the crop to be grown at
				the manure utilization area. As determined by soil conditions, the hydraulic
				application rate may be reduced below the agronomic rate to ensure no surface
				ponding, runoff, or excessive nutrient migration to the groundwater
				occurs.
2. The hydraulic
				application rate may be limited based on constituent loading including any
				constituent required for monitoring under this regulation.
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 61-43.200.120 - Frequency of Monitoring for Animal Manure

Current through Register Vol. 48, No. 6, June 28, 2024
A. The producer and/or integrator shall be
				responsible for having representative samples, based on Clemson Extension
				Service recommendations, of the animal manure collected and analyzed at least
				once per year and/or when the feed composition significantly changes. The
				constituents to be monitored shall be given in the permit. The analyses should
				be used to determine the amount of animal manure to be land applied. In order
				to ensure that the permitted application rate (normally the agronomic rate) is
				met, the application amount shall be determined using a rolling average of the
				previous analyses. The Department shall establish minimum requirements for the
				proper method of sampling and analyzing of animal manure. Facilities with
				permits that do not specify which constituents to monitor shall monitor for
				Ammonium-Nitrogen, Total Kjeldahl Nitrogen (TKN), Organic Nitrogen (Organic
				Nitrogen = TKN - Ammonium Nitrogen),
				P2O5, and
				K2O.
B. The
				Department may require nitrogen, potassium, phosphorus, the constituents listed
				in Table 1 and Table 2 of Section 200.100, and any other constituent contained
				in a permit to be monitored prior to each application.
C. Permittees do not have to analyze for any
				constituent that they can demonstrate to the satisfaction of the Department is
				not present in their animal manure.
D. All monitoring shall be done in accordance
				with collection procedures in Standard Methods for Analysis of Water and
				Wastewater or other Department guidelines. Analysis shall be conducted by
				Clemson University Extension Service, or a laboratory certified by the
				Department. This laboratory shall have and maintain certification for the
				constituents to be analyzed.
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 61-43.200.130 - Dead Animal Disposal Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Dead animal disposal shall be done as
				specified in the approved Animal Facility Management Plan. The Dead Animal
				Disposal Plan should include the following:
1. Primary Method for the handling and
				disposal of normal mortality at the facility.
2. Alternate Method for the handling and
				disposal of excessive mortality at the facility. The normal method of disposal
				may not be sufficient to handle an excessive mortality situation. Each producer
				shall have a Department-approved emergency or alternate method to dispose of
				excessive mortality. Excessive mortality burial sites shall be preapproved by
				the Department prior to utilization.
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 61-43.200.140 - Other Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. There
				shall be no discharge of pollutants from the operation into surface Waters of
				the State (including ephemeral and intermittent streams). There shall be no
				discharge of pollutants into groundwater, which could cause groundwater quality
				not to comply with the groundwater standards established in R.61-68.
B. 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.
C. 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
				Water Bodies List. Facilities and manure utilization areas located upstream of
				an impaired waterbody.
3. Proximity
				to Outstanding Resource Waters, trout waters, shellfish waters, or potential to
				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 200 - ANIMAL FACILITIES (OTHER THAN SWINE) › Section 61-43.200.150 - Odor Control Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. 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, which shall 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. Other methods as may be appropriate;
				or
4. 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 200 - ANIMAL FACILITIES (OTHER THAN SWINE) › Section 61-43.200.160 - Vector Control Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Vector Abatement Plan shall, at a
				minimum, consist of the following:
1. Best
				management practices used at the animal facility, lagoon, treatment system,
				manure storage pond, and manure utilization areas 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 producer if vectors are identified
				as a problem at the animal facility, lagoon, treatment system, manure storage
				pond, or any manure utilization area. 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.
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 61-43.200.170 - Record Keeping

Current through Register Vol. 48, No. 6, June 28, 2024
A. A copy
				of the approved Animal Facility Management Plan, including approved updates,
				and a copy of the permit(s) issued to the producer shall be retained by the
				permittee for as long as the animal facility is in operation.
B. All application information submitted to
				the Department shall be retained by the permittee for eight (8) years. However,
				if the facility was permitted prior to June 26, 1998, and the permittee has
				previously discarded these documents since there was no requirement to maintain
				records at that time, this requirement shall not apply.
C. Records shall be developed for each manure
				utilization area. These records shall be kept for eight (8) years. The records
				shall include the following:
1. For each time
				animal manure and other animal by-products are applied to the site, the amount
				of animal manure and other animal by-products applied (in gallons per acre or
				pounds per acre, as appropriate), the date and time of application, and the
				location of application;
2. All
				sampling results for animal manure that is land applied;
3. All soil monitoring results;
4. All groundwater monitoring results, if
				applicable; and
5. Crops
				grown.
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 61-43.200.180 - Reporting

Current through Register Vol. 48, No. 6, June 28, 2024
A. Large and
				X-large animal facilities are required to submit an annual report, on a form
				approved by the Department. The Department may establish reporting requirements
				in permits as it deems appropriate. These reporting requirements may include
				the following:
1. All manure sampling results
				for the last year and the latest rolling average concentration for the land
				limiting constituent;
2. All soil
				monitoring results, if applicable;
3. All groundwater monitoring results, if
				applicable;
4. Calculated
				application rates for all manure utilization areas; and
5. The adjusted application rates, if
				applicable, based on the most recent animal manure sampling, soil samples, and
				crop yield(s). The application rate change could also be due to a change in
				field use, crop grown, or other factors.
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 61-43.200.190 - Training Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. An
				owner/operator of an animal facility or manure utilization area shall attend a
				training program on the operation of animal manure management under the program
				created and operated by Clemson University.
B. Owners/Operators of new and existing
				animal facilities shall be required to obtain certification under the program
				created and operated by Clemson University.
C. The certification program shall be
				completed by owners/operators of new facilities within one (1) year of the
				effective date of the issued permit.
D. The certification program shall be
				completed by owners/operators of existing facilities within one (1) year of the
				effective date of this regulation.
E. Certification shall be maintained as long
				as the facility remains in operation. All facilities must have a CAMM certified
				operator at all times.
F. Failure
				to obtain the certification as provided in this Section shall be deemed a
				violation of this regulation and the permit may be revoked.
G. An owner/operator of a cattle stockyard
				shall be exempt from attending the training program on the operation of animal
				manure management under the program created and operated by Clemson University
				(CAMM).
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 61-43.200.200 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
A. 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.
B. Any
				person who falsifies, tampers with, or knowingly renders inaccurate any
				monitoring device or method required by the Department to be maintained as a
				condition in a permit, or who alters or falsifies the results obtained by such
				devices or methods, shall be deemed to have violated a permit condition and
				shall be subject to the penalties provided for pursuant to Sections
				48-1-320
				and
				48-1-330 of the
				S.C. Code of Regulations.
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 300 - INNOVATIVE AND ALTERNATIVE TECHNOLOGIES › Section 61-43.300.10 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department
				supports and encourages the use of appropriate innovative and alternative
				technologies.
B. When innovative or
				alternative technology is proposed for an agricultural facility for manure and
				other animal by-products handling, treatment, storage, processing, or
				utilization, a meeting should be held with the Department prior to the
				submittal of the project. The purpose of the meeting is for the applicant and
				the Department to go over the proposed project and the purpose and expected
				benefits from the use of the innovative or alternative technology.
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 300 - INNOVATIVE AND ALTERNATIVE TECHNOLOGIES › Section 61-43.300.20 - Submittal Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. When
				innovative or alternative technology is proposed for an agricultural facility
				for manure and other animal by-products handling, storage, treatment,
				processing, or utilization, the applicant shall provide to the Department the
				submittal information contained in Sections 100.50 or 200.50, as appropriate,
				and a detailed project report which explains the innovative or alternative
				technology and the purpose and expected benefits of the proposal.
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 300 - INNOVATIVE AND ALTERNATIVE TECHNOLOGIES › Section 61-43.300.30 - Requirements in Lieu of Requirements Under Part 100 or Part 200 of This

Current through Register Vol. 48, No. 6, June 28, 2024
A. When the
				Department determines that appropriate alternative or innovative technology is
				being proposed, the specific requirements given in Part 100 and 200 of this
				regulation, which deal with the purpose or expected benefits of the technology,
				may not have to be met except when required by a specific statute or the
				Department after review of the project. Requirements in Part 100 that apply to
				X-large swine facilities shall not be reduced or waived.
B. The Department shall review the project
				and determine the purpose or benefits of the proposed innovative or alternative
				technology and determine which requirements under Part 100 or 200 do not have
				to be met and the appropriate requirements to be used in lieu of the
				requirements in Part 100 or 200.
C.
				When an alternative or innovative technology is proposed, the review criteria
				shall be established on a case-by-case basis by the Department when the project
				is received.
D. When alternative or
				innovative technology is utilized at an animal facility, the setbacks given in
				Part 100 or 200 may be reduced by the Department as appropriate. Requirements
				in Part 100 that apply to large or X-large swine facilities shall not be
				reduced or waived.
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 300 - INNOVATIVE AND ALTERNATIVE TECHNOLOGIES › Section 61-43.300.40 - Innovative and Alternative Treatment Technologies

Current through Register Vol. 48, No. 6, June 28, 2024
A. The following is a list of innovative or
				alternative technologies for agricultural facilities to consider. This list is
				not exhaustive. Other processes exist and new technologies are being developed.
1. Aerobic treatment systems or combination
				aerobic/anaerobic systems;
2.
				Artificial (constructed) wetlands use for treatment;
3. Use of steel tanks;
4. Use of solid separators;
5. Methane Gas Recovery Systems;
6. Composting manure solids;
7. Bioreactors;
8. Covered liquid or slurry manure
				storage;
9. Air
				Scrubbers;
10. Ozonation;
				and
11. Alternative
				Fuels.
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 300 - INNOVATIVE AND ALTERNATIVE TECHNOLOGIES › Section 61-43.300.50 - Exceptional Quality Compost

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				When the Department determines that the composting of solid animal manure and
				other animal by-products is performed in such a manner that the odor and vector
				attraction potential is reduced and the controlled microbial degradation of the
				organic manure and other animal by-products has been accomplished, this
				material may be considered Exceptional Quality Compost. Exceptional Quality
				Compost may be sold or distributed without regulation by the Department, if it
				meets the requirements of this part and the standards established by Penn State
				University. The Department shall review and approve the composter design and
				proposal for operation and distribution of the composted product. Composting
				systems shall be designed by a professional engineer or an engineer with the
				Natural Resources Conservation Service.
B. Composting can be subject to nuisance
				problems such as odors, dusts, and vector attraction. Therefore, the composting
				facility shall incorporate measures to control such conditions. An Odor and
				Vector Abatement Plan shall be developed for a composting facility.
C. Compost Product Quality Standards.
1. Product Standards are necessary to protect
				public and environmental health and to ensure a measure of commercial
				acceptability.
a. Based on EPA standards for
				pathogen reduction, the time/temperature conditions required are equivalent to
				an average of 128 degrees Fahrenheit (°F) (53 degrees Celsius (°C)) for five
				(5) consecutive days, 131°F (55°C) for 2.6 consecutive days, or 158°F (70°C)
				for thirty (30) minutes.
b. The
				composted product shall meet or exceed the minimum standard of mature or very
				mature compost as set forth in the USDA Test Methods for the Examination of
				Composting and Compost (TMECC) Section 05.02-G CQCC Maturity Index. A maturity
				rating shall be given based upon the Maturity Assessment Matrix given in this
				method.
c. When land applied, the
				compost shall adhere to requirements for constituent concentrations and loading
				rates as outlined in Part 100.100, Part 200.100, or Part
				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 300 - INNOVATIVE AND ALTERNATIVE TECHNOLOGIES › Section 61-43.300.60 - Public Notice Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
When the Department permits an alternative or innovative
				  technology, the notice on the issuance of the permit required under Sections
				  100.60.H. or 200.60.H. shall contain a general description of the innovative or
				  alternative process and a summary of the expected benefits.
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 61-43.400.10 - Purpose and Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Purpose.
1. To protect the environment and
				the health and welfare of citizens of the State from pollutants generated by
				the processing, treatment, and land application of dry animal manure and other
				animal by-products.
2. To establish
				standards, which consist of general requirements, constituent limits,
				management practices, and operational standards, for the use of dry animal
				manure and other animal by-products generated at animal facilities. Standards
				are included in this part for dry animal manure and other animal by-products
				applied to the land.
3. To
				establish standards for the frequency of monitoring and record keeping
				requirements for brokers/land appliers who operate dry animal manure and other
				animal by-products handling businesses.
4. To establish standards for the proper
				operation and maintenance of dry animal manure and other animal by-products
				treatment and storage facilities associated with manure brokering/land applying
				operations.
5. To establish
				criteria for dry animal manure and other animal by-products storage facilities'
				and manure utilization areas' locations as they relate to protection of the
				environment and public health. The location of dry animal manure and other
				animal by-products storage facilities and manure utilization areas as they
				relate to zoning in an area is not covered in this regulation. Local county or
				municipal governments may have zoning requirements and this regulation neither
				interferes with nor restricts such zoning requirements. Permit applicants
				should contact local municipal and county authorities to determine any local
				requirements that may be applicable.