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 61-43.100.70 - 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
				consider the cumulative impacts including, but not limited to, impacts from
				evaporation; storm water; and other potential and actual point and nonpoint
				sources of pollution runoff; levels of nutrients or other elements in the soils
				and nearby waterways; groundwater or aquifer contamination; pathogens or other
				elements; and the pollution assimilative capacity of the receiving waterbody.
				These cumulative impacts will be considered prior to permitting new or expanded
				swine facilities. Alternative manure and other swine by-products treatment and
				utilization methods may be required in watersheds which are nutrient-sensitive
				waters, or impaired by pathogens.
F. The Department shall act on all permits to
				prevent, as 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.
G. The Department also shall act on all
				permits so as to prevent degradation of water quality due to the cumulative and
				secondary effects of permit decisions. Cumulative and secondary effects are
				impacts attributable to the collective effects of a number of swine facilities
				in a defined area and include the effects of additional projects similar to the
				requested permit proposed on sites in the vicinity. All permit decisions shall
				ensure that the swine facility and manure treatment and utilization alternative
				with the least adverse impact on the environment will be utilized. To
				accomplish this, new and expanding facilities, except X-large swine facilities,
				shall use the best available technology economically achievable for the
				handling, storage, processing, treatment, and utilization of manure. New and
				expanding X-large swine facilities shall use the best available technology for
				the handling, storage, processing, treatment, and utilization of manure.
				Cumulative and secondary effects shall include, but are not limited to, runoff
				from land application of swine manure and a swine facility; evaporation and
				atmospheric deposition of elements; ground-water or aquifer contamination; the
				buildup of elements in the soil; and other potential and actual point and
				nonpoint sources of pollution in the vicinity.
H. The setback limits given in Part 100 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.