S.C. Code Regs. § § 61-43.100.80

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

Section 61-43.100.80 - Swine Facility, Lagoon, Treatment System, and Manure Storage Pond Siting Requirements

A. Siting Requirements applicable to all small swine facilities and the lagoons, treatment systems, and/or manure storage ponds associated with them.

1. The minimum separation distance between a swine facility (not including a lagoon, treatment system, manure storage pond, or manure utilization area) and a potable water well (excluding the applicant's well) is 200 feet. The minimum separation distance between a swine facility (not including a lagoon, treatment system, manure storage pond, or manure utilization area) and a potable water well owned by the applicant is 50 feet (as required by R.61-71).

2. The minimum separation distance between a lagoon, treatment system, or a manure storage pond and a public or private human drinking water well (excluding the applicant's well) is 500 feet. The minimum separation distance between a lagoon, treatment system, or manure storage pond and a potable water well owned by the applicant is 100 feet.

3. Except for site drainage, the minimum separation distance required between a ditch or swale, which drains directly into Waters of the State (including ephemeral and intermittent streams) and a swine facility, swine lagoon, treatment system, or manure storage pond is 100 feet.

4. The minimum separation distance required between a swine facility, lagoon, treatment system, or manure storage pond and ephemeral or intermittent streams is 100 feet.

5. The minimum separation distance required between a small swine facility (not including the lagoon, treatment system, or manure storage pond) and Waters of the State (excluding ephemeral and intermittent streams) is 100 feet.

6. The minimum separation distance required between a small swine lagoon, treatment system, or manure storage pond and Waters of the State (excluding ephemeral and intermittent streams) is 500 feet.

7. If the Waters of the State (not including ephemeral and intermittent streams) are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a small swine lagoon, treatment system, or a manure storage pond and Waters of the State (not including ephemeral and intermittent streams) is 1,320 feet (1/4 mile).

8. For small swine facilities the separation distance required between a swine growing area (pens or barns not including range areas) and the lot line of real property owned by another person is 400 feet and 1,000 feet from the nearest residence.

9. For small swine facilities the separation distance required between a lagoon, treatment system, or manure storage pond and the lot line of real property owned by another person is 600 feet and 1,000 feet from the nearest residence.

10. The distances in items 8 and 9 above can be reduced by written consent of the adjoining property owner, unless a swine facility is located on the adjacent property or within 1,000 feet of the property line. Written consent is not needed when the Department reduces the distances under the requirements of Part 300.

B. Siting Requirements applicable to all large swine facilities, and the lagoons, treatment systems, and manure storage ponds associated with the facility.

1. The minimum separation distance between a large swine facility (not including a lagoon, treatment system, manure storage pond, or manure utilization area) and a potable water well (excluding the applicant's well) is 200 feet. The minimum separation distance between a swine facility (not including a lagoon, treatment system, manure storage pond, or manure utilization area) and a potable water well owned by the applicant is 50 feet (as required by R.61-71).

2. The minimum separation distance between a lagoon, treatment system, or a manure storage pond, and a public or private human drinking water well (excluding the applicant's well) is 500 feet. The minimum separation distance between a lagoon, treatment system, or manure storage pond and a potable water well owned by the applicant is 100 feet.

4. The minimum separation distance required between a large swine facility, lagoon, treatment system, or manure storage pond, associated with the facility and ephemeral or intermittent streams is 200 feet.

5. The minimum separation distance required between a large swine facility (not including the lagoon, treatment system, or manure storage pond) and Waters of the State (including ephemeral and intermittent streams) is 200 feet.

6. The minimum separation distance required between a large swine lagoon, treatment system, or manure storage pond and Waters of the State (not including ephemeral and intermittent streams) is 1,320 feet (1/4 mile). If the Waters of the State (not including ephemeral and intermittent streams) are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon, treatment system, or manure storage pond and Waters of the State (not including ephemeral and intermittent streams) is 2,640 feet (1/2 mile). A minimum 100-foot wide vegetative water quality buffer of plants and trees is required to be installed and maintained on the site between the facility and any down slope Waters of the State. Sites with existing vegetation may qualify to utilize the existing vegetation for a buffer, if the vegetation is deemed sufficient. For new facilities constructed in areas where natural vegetation is not present, the Department shall evaluate these sites on a case-by-case basis to determine the amount of vegetative buffer that shall be planted. However, each site shall be required at a minimum to provide a vegetative buffer that meets the current NRCS standards.

7. The minimum separation distance required between a large swine facility (growing area, pens or barns not including range areas) and real property owned by another person is 1,000 feet.

8. For large swine facilities, the minimum separation distance required between a lagoon, treatment system, or a manure storage pond and real property owned by another person is 1,250 feet.

9. The minimum separation distance required between large swine facilities is 2 miles.

10. A separation distance to adjacent land as provided in items 7 and 8 above does not apply to a swine facility, lagoon, treatment system, or manure storage pond which is constructed or expanded, if the titleholder of adjoining land to the concentrated swine operation executes a written waiver with the title holder of the land where the swine facility is established or proposed to be located, under terms and conditions that the parties negotiate. The written waiver becomes effective only upon the recording of the waiver in the office of the Register of Deeds of the county in which the benefited land is located. The filed waiver precludes enforcement of 100.80.B.7 and 8 as it relates to the swine facility and to real property owned by another person. The permittee shall submit a copy of the document with the recording stamp to the Department. The separation distances shall not be reduced or waived if a swine facility is located on the adjacent property or within 1,000 feet of the property line.

C. Siting requirements applicable to X-large swine facilities and the lagoons, treatment systems, and manure storage ponds associated with the facility are as follows:

1. The minimum separation distance required between an X-large swine facility and Waters of the State (including ephemeral and intermittent streams) is 2,640 feet (1/2 mile).

2. The minimum separation distance required between an X-large swine lagoon, treatment system, or manure storage pond and Waters of the State (including ephemeral and intermittent streams) is 2,640 feet (1/2 mile). If the Waters of the State (not including ephemeral and intermittent streams) are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon, treatment system, or manure storage pond and Waters of the State (not including ephemeral and intermittent streams) is 3,960 feet (3/4 mile). A minimum 100-foot wide vegetative water quality buffer of plants and trees is required to be installed and maintained on the site between the facility and any down slope Waters of the State. Sites with existing vegetation may qualify to utilize the existing vegetation for a buffer, if the vegetation is deemed sufficient. For new facilities constructed in areas where natural vegetation is not present, the Department shall evaluate these sites on a case-by-case basis to determine the amount of vegetative buffer that shall be planted. However, each site shall be required, at a minimum, to provide a vegetative buffer that meets the current NRCS standards.

3. The minimum separation distance required between an X-large swine facility (including the lagoon, treatment system, and manure storage pond) and real property owned by another person or a residence (excluding the applicant's residence) is 1,750 feet.

4. The minimum separation distance between an X-large swine facility (including a lagoon, treatment system, or manure storage pond) and a potable water well (excluding the applicant's well) is 1,750 feet. The minimum separation distance between a swine facility (including a lagoon, treatment system, or manure storage pond) and a potable water well owned by the applicant is 100 feet (as required by R.61-71).

5. The minimum separation distance required between X-large swine facilities is 25 miles.

D. A new swine facility or an expansion of an established swine facility may not be located in the 100-year floodplain.

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

F. All lagoon and manure storage pond setbacks contained in this part shall be measured from the outside toe of the dike.

G. Setback limits given in this part are minimum siting requirements, except those not labeled as minimum requirements, which are absolutes. On a case-by-case basis the Department may require additional separation distances to the minimum setbacks applicable to swine facilities. See Section 100.70.H. for specific criteria evaluated for determining if greater setbacks should be required.

S.C. Code Regs. § 61-43.100.80

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