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 61-43.100.50 - 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 swine facility or expand an existing swine
				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;
e. Facility capacity;
i. Number of swine;
ii. Pounds of normal production animal live
				weight at any one time;
iii. Amount
				in gallons of swine manure generated per year;
iv. Description of swine manure storage and
				storage capacity of lagoon, treatment system, or manure storage pond (if
				applicable); and
v. Description of
				swine manure and other swine by-products treatment (if any).
f. Concentration of constituents
				in swine manure including, but not limited to, the constituents given below:
i. Nutrients.
(a) Nitrate. (Only needed for aerobic
				treatment systems)
(b)
				Ammonium-Nitrogen.
(c) Total
				Kjeldahl Nitrogen (TKN).
(d)
				Organic Nitrogen (Organic Nitrogen = TKN - Ammonium Nitrogen)
(e)
				P2O5
(f) K2O
				(potash).
ii.
				Constituents.
(a) Copper.
(b) Zinc.
iii. Name, address, S.C. lab certification
				number, and telephone number of the laboratory conducting the
				analyses.
iv. For new swine
				facilities, swine manure analysis information does not have to be initially
				submitted as the Department shall use swine manure analysis 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 the review of the application. Analysis of the actual swine
				manure generated shall be submitted to the Department six (6) months after a
				new swine facility starts operation or prior to the first application of swine
				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 Clemson University
				Extension Service or a laboratory certified by the Department. This laboratory
				shall have and maintain certification for the constituents to be
				analyzed.
g. Swine manure
				and other swine by-products handling and application information shall be
				included as follows:
i. A crop management plan
				which includes the time of year of the swine manure and other swine by-products
				application and how it relates to crop type, crop planting, and harvesting
				schedule (if applicable) for all manure utilization areas;
ii. Name, address, email, and telephone
				number of the producer(s) that will land apply the swine manure and other swine
				by-products if different from the permittee;
iii. Type of equipment used to transport
				and/or spread the swine manure and other swine by- products (if applicable);
				and
iv. For spray application
				systems, plans and specifications with supporting details and design
				calculations for the spray application system.
h. 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 swine
				manure and/or dry manure and other swine 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' minutes 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 500 feet of the facility's footprint of
				construction or within 200 feet of any manure utilization areas;
(d) Adjacent surface water bodies (including
				ephemeral and intermittent streams);
(e) Swine manure utilization area boundaries
				and buffer zones;
(f) right-of-ways
				(Utilities, roads, etc.);
(g) Soil
				types as given by soil tests or soil maps, a description of soil types, and
				boring locations (as 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, email, 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 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 swine facility, lagoon, treatment
				system, manure storage pond, and manure utilization areas. For more specific
				details, see Section 100.150 (Odor Control Requirements).
5. A Vector Abatement Plan shall be included
				for the swine facility, lagoon, treatment system, manure storage pond, and
				manure utilization areas. For more specific details, see Section 100.160
				(Vector Control Requirements).
6.
				The Dead Swine Disposal Plan shall include written details for the handling and
				disposal of dead swine. Plans should include method of disposal, any
				construction specifications necessary, and management practices. See Section
				100.130 (Dead Swine Disposal Requirements) for more detailed
				information.
7. A Soil Monitoring
				Plan shall be developed for all manure utilization areas. See Section 100.100
				(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 a Swine Facility" forms as provided by the Department and a tax
				map (or equivalent) to scale showing all neighboring property owners and
				identifying which property has inhabited dwellings that are required to be
				notified. See Section 100.60 (Public Notice Requirements) for more detailed
				information.
10. An Emergency Plan.
				The emergency plan shall, 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
				shall 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
				100.80 (Facility, Lagoon, Treatment System, and Manure Storage Pond Siting
				Requirements), if applicable.
12.
				Application fee and the first year's operating fee as established by
				R.61-30.