S.C. Code Regs. § § 61-43.100.70

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

Section 61-43.100.70 - Permit Decision Making Process

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.

I. When a permit is issued it shall contain an issue date, an effective date, and, when applicable, a construction expiration date. The effective date shall be at least fifteen (15) calendar days after the issue date to allow for any appeals. If a timely appeal is not received, the permit shall be effective on the effective date.

J. The swine facility, lagoon, treatment system, or manure storage pond can be built only when the permit is effective. The facility cannot be placed into operation until the Department grants a written Approval to Operate (ATO).

K. To receive an ATO, the producer shall have the preparer of the Animal Facility Management Plan submit in writing, to the Department, the following information:

1. Certification that the construction of the structural components (such as the facility footprint, the lagoon, treatment system and/or manure storage pond) has been completed in accordance with the approved Animal Facility Management Plan and the requirements of this regulation;

2. Certification that no portion of the facility has been constructed in the 100-year floodplain;

3. Certification for containment of structural failures, if applicable; and

4. Certification for lagoon or manure storage pond lining, if applicable.

L. The Department shall conduct a final inspection before granting approval to a producer to begin operations.

M. The Department shall grant written approval for the producer to begin operations after it has received the information in 100.70.K and the satisfactory results of a final inspection.

N. Swine Facility Permit Construction Expiration and Extensions.

1. Construction permits issued by the Department for agricultural animal facilities shall be given two (2) years from the effective date of the permit to start construction and three (3) years from the effective date of the permit to complete construction.

2. If the proposed construction as outlined in the permit is not started prior to the construction start expiration date, the construction permit is invalid unless an extension in accordance with this regulation is granted.

3. If construction is not completed and the facility is not placed into operation prior to the construction completion expiration date, the construction permit is invalid unless an extension in accordance with this regulation is granted.

4. If only a portion of the permitted facility (animal growing houses and associated manure treatment and/or storage structures are completely constructed, but not all houses originally permitted were constructed) is completed prior to the construction completion expiration date, the construction for the remainder of the permit may be utilized within the permit life. The permittee shall obtain Departmental approval prior to utilizing the permit in this manner. The Department may require that the permittee submit additional information or update the Animal Facility Management Plan prior to approval.

5. Extensions of the construction permit start and completion dates may be granted by the Department. The permittee shall submit a written request explaining the delay and detailing any changes to the proposed construction. This request shall be received no later than the expiration date that the permittee proposes to extend. The maximum extension period shall not exceed one (1) year. There shall be no more than two (2), one (1)-year extension periods per permit to construct, granted.

O. Permits issued under this regulation for all swine facilities shall be renewed at least every seven (7) years.

P. An expired permit (final expiration date for renewal) issued under this part continues in effect until a new permit is effective if the permittee submits a complete application, to the satisfaction of the Department, at least one hundred eighty (180) calendar days before the existing permit expires. The Department may grant permission to submit an application later than the deadline for submission stated above, but no later than the permit expiration date. If the facility has been closed for any two (2) consecutive years since the last permit was issued, the provision for the expiring permit remaining in effect does not apply since the permit is no longer valid. Permittees shall notify the Department in writing within thirty (30) calendar days before going out of business.

Q. Permit renewal applications 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.

R. No permit will be issued to an applicant who contracts with an integrator or integrating company unless the permit is in accordance with the approved cumulative environmental and public health impact assessment plan as required in part 500.20 (Submittal Requirements) of this regulation.

S.C. Code Regs. § 61-43.100.70

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