S.C. Code Regs. § § 61-43.400.10

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

Section 61-43.400.10 - Purpose and Applicability

A. Purpose.

1. To protect the environment and the health and welfare of citizens of the State from pollutants generated by the processing, treatment, and land application of dry animal manure and other animal by-products.

2. To establish standards, which consist of general requirements, constituent limits, management practices, and operational standards, for the use of dry animal manure and other animal by-products generated at animal facilities. Standards are included in this part for dry 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 brokers/land appliers who operate dry animal manure and other animal by-products handling businesses.

4. To establish standards for the proper operation and maintenance of dry animal manure and other animal by-products treatment and storage facilities associated with manure brokering/land applying operations.

5. To establish criteria for dry animal manure and other animal by-products storage facilities' and manure utilization areas' locations as they relate to protection of the environment and public health. The location of dry animal manure and other animal by-products storage 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 and renewing dry manure brokering/land applying operations;

b. All dry animal manure and other animal by-products treatment or storage facilities operated by brokers/land appliers; and

c. Permanent manure utilization areas added to a manure broker/land applier management plan.

2. This part applies to all dry animal manure and other animal by-products taken, bought, given, handled, or sold by a manure broker.

3. This part applies to all land where dry animal manure and other animal by-products bought, given, taken, handled, or sold by a manure broker/land applier is applied.

4. This part applies to out-of-state and in-state based manure brokers/land appliers who accept manure and other animal by-products from agricultural animal facilities located in the State.

5. This part applies to all manure brokers/land appliers who bring animal manure and other animal by-products from other states into South Carolina.

6. Part 200.80.C. (Dry Animal manure and other animal by-products Treatment and Storage Facility Siting Requirements) of this regulation applies to dry animal manure and other animal by-products treatment or storage facilities proposed by brokers/land appliers.

7. If a manure broker/land applier proposes to handle, process, treat, or store liquid animal manure as a part of the operation, the requirements of this part shall be met, at a minimum. However, the Department may require that the applicant meet additional requirements applicable to liquid manure that are included in Part 100 and Part 200.

S.C. Code Regs. § 61-43.400.10

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