S.C. Code Regs. § § 61-43.200.10

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

Section 61-43.200.10 - Purpose, Applicability, Inactive Facilities, and Facilities Permitted Prior to the Effective Date of the

A. Purpose.

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

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

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

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

b. All expansions of existing animal facilities;

c. New manure utilization areas for existing animal facilities;

d. All inactive facilities; and

e. All facilities and lagoon closures.

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

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

C. Inactive Facilities.

1. If an animal 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 animal 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 all other than swine animal facilities that have been inactive for five (5) or more 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. 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 the producer to apply for a new permit under this regulation, as appropriate.

4. If an animal facility is inactive for more than five (5) years, the permit is considered expired and the producer shall apply for a new permit and all requirements of 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 until proper closeout is certified and approved.

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

1. All existing animal facilities with permits issued by the Department before June 26, 1998, do not need to apply for a new permit as they are deemed permitted (deemed permitted animal facilities) unless they have been inactive for more than two (2) years or expand operations. These facilities shall meet the following sections of Part 200: Section 200.20 (Permits and Compliance Period); Section 200.90.A, D, and J-O (General Requirements for Animal Manure Lagoons, Treatment Systems, and Animal Manure Storage Ponds); Section 200.100. (Manure Utilization Area Requirements); Section 200.110.H-I (Spray Application System Requirements); Section 200.120.A, C-D (Frequency of Monitoring for Animal Manure); Section 200.130.A, B, and C.2.-3. (Dead Animal Disposal Requirements); Section 200.140.A, C-I (Other Requirements); Section 200.150.B-F (Odor Control Requirements); Section 200.160.B-D (Vector Control Requirements); Section 200.170 (Record Keeping); Section 200.180 (Reporting); Section 200.190 (Training Requirements); and Section 200.200 (Violations). The capacity of a deemed permitted facility that does not have a lagoon is the number of animals and normal production animal live weight permitted by the Department prior to the effective date of this regulation. For deemed permitted facilities with lagoons, the capacity is the maximum capacity of the existing animal manure lagoon, treatment system, and animal manure storage pond as determined using the appropriate animal manure lagoon, treatment system, and animal manure storage pond capacity design criteria of the United States Department of Agriculture's Natural Resource Conservation Service.

2. All existing animal facilities with permits issued by the Department between June 26, 1998, 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 animal facilities that were constructed and placed into operation prior to June 26, 1998, but have never received an agricultural permit from the Department, shall apply for a permit from the Department. This facility 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 animal facility may be required to submit 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 (MUA) area is added by the owner of any animal facility regardless of when the facility was permitted.

6. If an existing animal facility regulated under this part 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.

S.C. Code Regs. § 61-43.200.10

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