S.C. Code Regs. § § 61-43.100.10

Current through Register Vol. 48, No. 11, November 22, 2024

Section 61-43.100.10 - Purpose, Applicability, Inactive Facilities, and Facilities Permitted Prior to the Effective Date of the Regulation

A. Purpose.

1. To establish standards for the growing or confining of swine, processing of swine manure and other swine by-products, and land application of swine manure and other swine 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 swine manure and other swine by-products generated at swine facilities. Standards included in this part are for swine manure and other swine by-products applied to the land.

3. To establish standards for the frequency of monitoring and record keeping requirements for producers who operate swine facilities.

4. To establish standards for the proper operation and maintenance of swine facilities.

5. To establish criteria for swine facilities' and manure utilization areas' location as they relate to protection of the environment and public health. The location of swine 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.

B. Applicability.

1. This part applies to:

a. All new swine facilities;

b. All expansions of existing swine facilities;

c. New manure utilization areas for existing swine facilities;

d. All inactive facilities; and

e. All facilities and lagoon closures.

2. This part applies to all swine manure and other swine by-products applied to the land.

3. This part applies to all land where swine manure and other swine by-products are applied.

C. Inactive Facilities.

1. If a swine facility is inactive for two (2) years or less, a producer may resume operations of the facility under the same conditions by which it was previously permitted by notifying the Department in writing that the facility is being operated again.

2. For swine facilities that have been inactive for more than two (2) years but less than five (5) years, the Department shall review the existing permit and modify its operating conditions as necessary prior to the facility being placed back into operation.

3. For swine facilities that have been inactive for more than five (5) years, the producer shall properly close out any lagoon, treatment system, or manure storage pond associated with the facility. The closeout shall be accomplished in accordance with R.61-82, Proper Closeout of Wastewater Treatment Facilities. The permittee shall submit a closeout plan that meets at a minimum NRCS-CPS within a time frame prescribed by the Department. Additional time may be granted by the Department to comply with the closeout requirement or to allow a producer to apply for a new permit under this regulation, as appropriate.

4. If a swine facility is inactive for more than five (5) years, the permit is considered expired and the producer shall apply for a new permit. All requirements under this regulation shall be met before the facility can resume operations.

5. During the closeout of the facilities and/or lagoons/waste storage ponds, annual fees are required to be paid until proper closeout is certified and approved.

D. Facilities Permitted Prior to the Effective Date of the Regulation.

1. All existing swine facilities with permits issued by the Department before July 1, 1996, do not need to apply for a permit as they are deemed permitted swine facilities unless they have been inactive for more than two (2) years or expand operations. These facilities shall meet the following sections of Part 100: Section 100.20 (Permits and Compliance Period); Section 100.90 items A, G, and N-T (General Requirements for Lagoons, Treatment Systems, and Manure Storage Ponds); Section 100.100 (Manure Utilization Area Requirements); Section 100.110.G.-J. (Spray Application System Requirements); Section 100.120 A, C, and D (Frequency of Monitoring for Swine Manure); Section 100.130 A, B, C items 2-3 (Dead Swine Disposal Requirements); Section 100.140 A, C-J (Other Requirements); Section 100.150 B-G (Odor Control Requirements); Section 100.160 B-D (Vector Control Requirements); Section 100.170 (Record Keeping); Section 100.180 (Reporting); Section 100.190 A-F (Training Requirements); and Section 100.200 (Violations). The capacity of a deemed permitted facility is the maximum capacity of the existing lagoon, treatment system, or manure storage pond as determined using swine lagoon, treatment system, or manure storage pond capacity design standards of the United States Department of Agriculture's Natural Resource Conservation Service.

2. All existing swine facilities with permits issued by the Department between July 1, 1996, and the effective date of this regulation do not need to apply for a new permit if they hold a valid permit from the Department, unless they have been inactive for more than two (2) years. These facilities shall meet all the requirements of this regulation.

3. All existing swine facilities that were constructed and placed into operation prior to July 1, 1996, but have never received an agricultural permit from the Department, shall apply for a permit from the Department. These facilities shall meet all the requirements of this regulation, as the Department determines appropriate. The Department shall review the site and make a determination on a case-by-case basis on which requirements are applicable.

4. An existing facility may be required to submit for approval an updated Animal Facility Management Plan on a case-by-case basis by the Department. The Department shall notify the permittee in writing of this requirement. The permittee has six (6) months or an agreed upon time frame from the date of notification to submit an updated Animal Facility Management Plan. Failure to submit the updated plan within this time frame is a violation of the South Carolina Pollution Control Act and this regulation, and may result in permit revocation.

5. Both the setbacks and other requirements for manure utilization areas shall be met when a new manure utilization area (MUA) is added by the owner of any swine facility regardless of when the facility was permitted.

6. If an existing facility regulated under Part 200 of this regulation proposes to convert to a swine facility, it shall be considered a new swine facility under this regulation. Converted facilities shall be permitted as new swine facilities and meet all criteria for new swine facilities before they begin operation as a swine facility.

7. If an existing swine facility proposes to expand operations or increase the number of permitted swine such that it falls into a new size classification, the facility shall be considered a new swine facility in that size classification under this regulation. The facility shall meet all the requirements for the new classification.

S.C. Code Regs. § 61-43.100.10

Replaced and amended by State Register Volume 45, Issue No. 05, eff. 5/28/2021.