S.C. Code Regs. § § 61-43.400.40

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

Section 61-43.400.40 - Permit Application Procedures (Broker/Land Applier Management Plan Submission Requirements)

A. A person who proposes to operate as a broker/land applier shall submit an application for a permit under this part. The following information shall be included in the application package.

1. A complete application form provided by the Department.

2. A Broker/Land Applier Management Plan prepared by qualified Natural Resources Conservation Service personnel, an S.C. registered professional engineer, or other qualified individuals, such as certified soil scientists or S.C. registered professional geologists. The Broker/Land Applier Comprehensive Nutrient Management Plan shall, at a minimum, contain:

a. Brokering/land applying operation name, address, email, telephone number, county, and permit number (if applicable) and CAMM number (or if applicable, date of CAMM class);

b. Applicant's name, address, email, and telephone number (if different from above);

c. Broker's/land applier's name;

d. Dry Animal manure and other animal by-products Storage or Treatment Facility Information (if applicable):

i. Description of animal manure and other animal by-products storage and storage capacity;

ii. Description of animal manure and other animal by-products treatment (if any);

iii. Facility location description and the zoning or land use restrictions in this area (this information should be obtained from the county). The minimum separation distance required between a dry animal manure and other animal by-products treatment or storage facility operated by a manure broker/land applier and the lot line of real property owned by another person is 200 feet and 1,000 feet to the nearest residence. However, the Department shall evaluate each proposed site to consider increasing distances, when the amount of manure stored, treated, or processed at this facility is significant.

e. Animal manure and other animal by-products handling and application information shall be included as follows:

i. A crop management plan which includes the optimum time of year of the animal manure and other animal by-products application and how it relates to crop type, crop planting, and harvesting schedule (if applicable) for manure utilization areas in the State. This information should be used as a guide in the absence of more accurate information. The Plan Preparer may need to include this information for the different regional areas of the State, as necessary, to provide the broker/land applier with crop information for the entire State;

ii. Type of equipment used to transport and/or spread the animal manure and other animal by-products;

iii. Description of services provided by the broker/land applier (clean-out houses, transport manure and other animal by-products, drop-off only, land application, incorporation of manure and other animal by-products into field, stacking or storing manure and other animal by-products, manure and other animal by-products treatment, etc.);

iv. Example of the contract or letter of intent to buy or accept animal manure and other animal by-products between the broker/land applier and the producer who is supplying the animal manure and other animal by-products; and

v. Example of the manure transfer contract to be used for the transfer of animal manure and other animal by-products between the broker and the person(s) who is accepting or purchasing the animal manure and other animal by-products. The Department has developed a Manure transfer contract that can be used or the broker may develop his own contract as long as it contains the minimum information outlined in part 400.60.B.12.

3. The Broker/Land Applier Management Plan shall contain an odor abatement plan for the dry animal manure and other animal by-products storage or treatment facility or manure utilization areas, as appropriate.

4. A Vector Abatement Plan shall be developed for the dry animal manure and other animal by-products storage or treatment facility or land application areas (if applicable).

5. A soil monitoring plan shall be developed for all broker/land applier operations.

6. Plans and specifications for the construction and operation of all manure and other animal by-products treatment or storage structures, such as composters or manure storage sheds that are to be owned and operated by the brokering/land applying operation.

7. Adjoining property owners written agreement for reduction of setbacks for any manure storage and/or treatment facilities (if applicable).

8. Application fee and first year's operating fee as established by R.61-30.

B. The Department may request an applicant to provide any additional information deemed necessary to complete or correct deficiencies in the broker/land applier operation permit application prior to processing the application or issuing, modifying, or denying a permit.

C. Applicants shall submit all required information in a format acceptable to the Department.

D. Incomplete submittal packages shall be returned to the applicant by the Department. An application package for a permit is complete when the Department receives all of the required information.

E. Application packages for permit modifications only need to contain the information applicable to the requested modification.

S.C. Code Regs. § 61-43.400.40

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