S.C. Code Regs. § § 61-43.100.100

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-43.100.100 - Manure Utilization Area Requirements

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. Other factors considered are the manure and other swine by-products' impact on the environment, animals, and people living in the vicinity. The application rate shall also be based on the limiting constituent (either a nutrient or other constituent as given in item 100.100.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. 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.

B. Constituent Limits for Land Application of Swine manure and other swine by-products.

1. The Department may establish constituent limits in permits on a case-by-case basis on swine manure and other swine by-products to be land applied. Swine manure and other swine by-products containing only the standard constituents at normal concentrations as given by commonly accepted reference sources, such as Clemson University, American Society of Agricultural Engineers, Midwest Planning Service Document, or NRCS, can be land applied at or below agronomic rates without any specific constituent limits in a permit. When the swine manure or other swine by-products analysis indicates there are levels of copper, or other constituents of concern, the Department shall establish constituent limits in permits for each constituent of concern to ensure the water quality standards of R.61-68 are maintained. For these cases, the producer shall comply with the following criteria:

a. Constituent Limits. If swine manure and other swine by-products subject to a constituent limit is applied to land, either:

i. the cumulative loading rate for each constituent shall not exceed the rates in Table 1 of Section 100.100; or

ii. the concentration of each constituent in the swine manure and other swine by-products shall not exceed the concentrations in Table 2 of Section 100.100.

b. Constituent concentrations and loading rates - swine manure.

i. Cumulative constituent loading rates.

TABLE 1 OF SECTION 100.100 - CUMULATIVE CONSTITUENT LOADING RATES
Cumulative Constituent Loading Rate
Constituent	(kilograms per hectare)	(pounds per acre)
Copper	1500	1339
Zinc	2800	2499

ii. Constituent concentrations.

TABLE 2 OF SECTION 100.100 - CONSTITUENT CONCENTRATIONS
Monthly Average Concentrations
Constituent	Dry weight basis (milligrams per kilogram)
Copper	1500
Zinc	2800

iii. Annual constituent loading rates.

TABLE 3 OF SECTION 100.100 - ANNUAL CONSTITUENT LOADING RATES
Annual Constituent Loading Rate
(kilograms per hectare per 365-day period)	(pounds per acre per 365-day period)
Constituent
Copper	75	67
Zinc	140	125

c. Additional constituent limits may be required, from the application information or subsequent monitoring in a permit thereafter, but such needs shall be assessed on an individual project basis.

d. Swine manure and other swine by-products shall not be applied subject to the cumulative constituent loading rates in Table 1 of Section 100.100.B.1 to land if any of the rates in Table 1 of Section 100.100.B.1 have been reached unless the constituent is removed from the manure and other swine by-products.

e. Swine manure and other swine by-products shall not be applied to land during a 365-day period after the annual application rate in Table 3 of Section 100.100.B.1 has been reached.

f. If swine manure and other swine by-products subject to the cumulative constituent loading rates in Table 1 of Section 100.100.B.1 have not been applied to the site, then the cumulative rates apply.

g. If swine manure and other swine by-products subject to the cumulative constituent loading rates in Table 1 of Section 100.100.B.1 have been applied to the site and the cumulative amount of each constituent is known, the cumulative amount of each constituent applied to the site shall be used to determine the additional amount of each constituent that can be applied to the site in accordance with Section 100.100.B.1.a.i (cumulative loading rate shall not exceed the cumulative constituent loading rate).

h. Manure application shall not exceed the agronomic rate of application for plant available nitrogen (PAN) for the intended crop(s) on an annual basis. For those years that fertilizer is land applied, manure in combination with the fertilizer shall not exceed the agronomic rate of nutrient utilization of the intended crop(s).

2. Any producer who confines swine shall ensure that the applicable requirements in this part are met when the swine manure and other swine by-products are applied to the land.

3. Swine manure and other swine by-products shall not be applied to land that is saturated from recent precipitation, flooded, frozen, or snow-covered. Swine manure and other swine by-products shall not be applied during inclement weather or when a significant rain event is forecasted to occur within forty-eight (48) hours, unless approved by the Department in an emergency situation.

4. Swine manure and other swine by-products shall not be placed directly in groundwater.

5. All land application equipment, (e.g. Spreader, injection) when used once or more per year, shall be calibrated at least annually by the person land applying. A permit may require more frequent calibrations to ensure proper application rates. The two (2) most recent calibration records should be retained by the producer and made available for Department review upon request. If the land application equipment has not been used in over a year, the equipment shall be calibrated prior to use.

6. Swine manure and other swine by-products shall not be applied to the land except in accordance with the requirements in this part.

7. A producer who supplies swine manure and other swine by-products to another person for land application shall provide the person who will land apply the manure and other swine by-products with the concentration of plant available nitrogen, phosphorus, potassium, and the concentration of all other constituents listed in the permit. The producer shall also supply the person who will land apply the manure with a copy of the crop management plan included in their Animal Facility Management Plan.

8. Swine manure and other swine by-products shall not be applied to or discharged onto a land surface when the vertical separation between the ground surface and the seasonal high water table is less than 1.5 feet at the time of application, unless approved by the Department on a case-by-case basis. For special cases, no land application can occur when the vertical separation from the ground surface to the water table is less than 1.5 feet at the time of application unless a situation is deemed an emergency with departmental concurrence.

9. Soil sampling (usually 6-8 inch depth) shall be conducted for each field prior to manure application to determine the appropriate application rate. Each field should be sampled at least once per year. If manure application frequency shall be less than once per year, then at least one (1) soil sample shall be taken prior to returning to that field for land application. All new manure utilization areas shall be evaluated using the NRCS-CPS to determine the suitability for application and the limiting nutrient (nitrogen or phosphorus). However, fields that are high in phosphorus may also be required to incorporate additional runoff control or soil conservation features as directed by the Department.

10. Soil sampling to a depth of 18 inches may be required by the Department within forty-five (45) calendar days after each application of swine manure, but no more than two (2) times per year if the application frequency is more than twice per year. This sampling shall be performed for at least three (3) years after the initial application on at least one (1) representative manure utilization area for each crop grown to verify the estimated calculated swine manure application rates for the utilization areas. The date of manure application and the date of sampling shall be carefully recorded. The sampling shall be conducted at depths of 0 to 6 inches, 6 to 12 inches, and 12 to 18 inches with nitrates and phosphorus being analyzed.

11. The results of the pre-application and post-application sampling shall be used by the crop farmer to adjust as necessary, the amount of swine manure to be applied to a manure utilization area to meet the agronomic application rate for the crop(s) to be grown. These results shall be submitted to the Department at the time of application for permit renewal.

12. Additional soil sampling to greater depths may be required by the Department on a case-by-case basis to ensure there is no potential for groundwater contamination.

13. The permittee shall obtain the following information needed to comply with the requirements in this part:

a. A manure transfer contract shall be developed for the producer to use with any person who is accepting manure in quantities greater than 12 tons per recipient per year. The contract should contain, at a minimum, the following information:

i. Name, address, county and telephone number of the person who is purchasing or accepting animal manure and other animal by-products;

ii. Manure nutrient composition (pounds per ton of plant available nitrogen, phosphorus, and potassium) to be filled in or provided by the producer. This information shall be obtained from the manure analysis results and the producer shall provide this information on the manure transfer contract.

iii. Land application field information;

iv. Physical description (acreage, crop, soil type);

v. Soil test results (phosphorus, zinc, and copper in pounds/acre); and

vi. Recommended application rates (nitrogen, phosphorus, and potassium in pounds/acre as reported on a soil test).

b. Attach a copy of a soils map, topographic map, county tax map, plat, FSA map, or a site plan sketch that includes the following information:

i. Manure application area with setbacks outlined;

ii. Known water supply wells within 100 feet of the property line;

iii. Adjacent surface waters, including ditches, streams, creeks, and ponds; and

iv. Identification of roads and highways to indicate location.

c. Description of application equipment and name of person to land apply manure;

d. Signed agreement that informs the landowner that he or she is responsible and liable for land applying the animal manure and other animal by-products in accordance with this regulation; and

e. A copy of the land application requirements shall be provided to the recipient of the manure.

14. All persons who routinely accept manure from a producer, in quantities greater than 12 tons per recipient per year, shall be listed in the approved Animal Facility Management Plan. The Animal Facility Management Plan shall include the appropriate manure utilization area information for the sites routinely used by other persons. The producer shall inform the applier of their responsibility and have a signed manure transfer contract to properly manage the land application of manure to prevent discharge of pollutants to Waters of the State (including ephemeral and intermittent streams). The person accepting the manure may be required by the Department to have an Animal Facility Management Plan and a permit for his or her manure utilization areas.

15. All persons who accept manure from a producer, in quantities less than 12 tons per recipient per year are responsible for land applying the manure in accordance with these requirements and must have a signed agreement with the producer explaining their responsibility to comply with this regulation. The Department may require the persons(s) land applying the manure to correct any problems that result from the application of manure.

16. Swine manure shall not be applied to cropland more than thirty (30) calendar days before planting or during dormant periods for perennial species, unless otherwise approved by the Department in an emergency situation.

17. When the Department receives nuisance complaints on a land application site, the Department may restrict land application of animal manure on this site completely or during certain time periods.

18. The Department may require manure to be disked in immediately.

19. Manure (solid or liquid) shall only be applied when weather and soil conditions are favorable and when prevailing winds are blowing away from nearby dwellings. Animal manure should not be applied to land when the soil is saturated, flooded, during rain events, or when a significant rain event is forecasted to occur within forty-eight (48) hours, unless otherwise approved by the Department in an emergency situation.

20. Manure shall not be spread in the floodplain if there is danger of a major runoff event, unless the manure is incorporated during application or immediately after application.

21. If the manure is stockpiled outside, the manure shall be stored on a concrete pad or other approved pad (such as plastic or clay lined) and covered on a daily basis (unless otherwise specified in the permit) with an acceptable cover to prevent odors, vector attraction, and runoff. The cover should be vented properly with screen wire to let the gases escape. The edges of the cover should be properly anchored.

22. If a producer, who contracts to transfer the swine manure and other swine by-products produced at his or her facility, changes brokers, he or she must submit notification and a new broker contract for approval to the Department.

23. The body of vehicles transporting manure shall be wholly enclosed and, while in transit, be kept covered with a canvas cover provided with eyelets and rope tie-downs, or any other approved method that shall prevent blowing or spillage of loose material or liquids. Should any spillage occur during the transportation of the manure, the owner/operator shall take immediate steps to clean up the manure.

C. Setbacks for manure utilization areas (MUA) for small, large, and X-large swine facilities.

1. Siting Requirements applicable to all manure utilization areas associated with all swine facilities.

a. The minimum separation distance required between a manure utilization area and a residence is 300 feet. If there are no residences within 300 feet of the manure utilization area, manure can be applied up to the property line. The 300-foot setback may be waived with the consent of the owner of the residence. If the application method is injection or immediate (same day) incorporation, manure may be applied up to the property line. The setbacks are imposed at the time of application. The Department may impose these setbacks on previously approved sites to address problems on a case-by-case basis.

b. The minimum separation distance required between a manure utilization area and Waters of the State (not including ephemeral and intermittent streams), ditches, and swales that drain directly into Waters of the State (not including ephemeral and intermittent streams) is 100 feet.

c. The minimum separation distance required between a manure utilization area and ephemeral and intermittent streams is 100 feet when spray application is the application method, 75 feet when incorporation is the application method, and 50 feet when injection is the application method. When incorporation is accomplished within twenty-four (24) hours of the initial application, the distance can be reduced to 50 feet.

d. The minimum separation distance required between a manure utilization area and ditches and swales that drain directly into ephemeral and intermittent streams is 50 feet.

e. The minimum separation distance required between a manure utilization area and a potable drinking water well is 200 feet.

2. Water (pond) that is completely surrounded by land owned by the applicant and has no connection to surface water is excluded from the setback requirements outlined in this part.

3. The Department may establish in permits additional application buffer setbacks for property boundaries, roadways, residential developments, dwellings, water wells, drainage ways, and surface water (including ephemeral and intermittent streams) as deemed necessary to protect public health and the environment. Factors taken into consideration in the establishment of additional setbacks would be swine manure application method, adjacent land usage, public access, aerosols, runoff prevention, adjacent groundwater usage, aquifer vulnerability, and potential for vectors and odors.

D. The Department may establish additional permitting restrictions based upon soil and groundwater conditions to ensure protection of the groundwater and surface Waters of the State (including ephemeral and intermittent streams). Criteria may include, but is not limited to, soil permeability, clay content, depth to bedrock, rock outcroppings, aquifer vulnerability, proximity to State Approved Source Water Protection Area, and depth to the seasonal high groundwater table.

E. The Department may establish permit conditions to require that swine manure and other swine by-products application rates remain consistent with the lime and fertilizer requirements for the cover, feed, food, and fiber crops based on Southeastern land grant universities' published lime and fertilizer recommendations (such as the Lime and Fertilizer Recommendations, Clemson Extension Services).

F. Groundwater Monitoring for Manure Utilization Areas.

1. For X-large swine facilities, at least one (1) up-gradient and two (2) down-gradient groundwater monitoring wells shall be installed for each drainage basin intersected by the manure utilization areas. The location, design, and construction specifications for the monitoring wells shall be submitted in the application package. The information shall be reviewed and approved by the Department prior to permit issuance. The permit will contain specific requirements for sampling the groundwater monitoring wells, including the frequency and parameters for sampling.

2. For small and large swine facilities, the Department may require groundwater monitoring at manure utilization areas as appropriate.

3. The Department may establish minimum requirements in permits for soil and/or groundwater monitoring for manure utilization areas. Factors taken into consideration in the establishment of soil and groundwater monitoring shall include groundwater depth, operation flexibility, application frequency, type of swine manure and other swine by-products, size of manure utilization area, aquifer vulnerability, proximity to a State Approved Source Water Protection Area, and loading rate.

a. The Department may establish pre-application and post-application site monitoring requirements in permits for limiting nutrients or limiting constituents as determined by the Department.

b. The Department may establish permit conditions, which require the permittee to reduce, modify, or eliminate the swine manure and other swine by-products applications based on the results of this monitoring data.

c. The Department may modify, revoke and reissue, or revoke a permit based on the monitoring data.

G. The Department may require periodic monitoring of any wet weather ditches or perennial streams which are in close proximity to any manure utilization areas.

S.C. Code Regs. § 61-43.100.100

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