S.C. Code Regs. § § 61-43.400.50

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

Section 61-43.400.50 - Permit Decision Making Process

A. No permit shall be issued before the Department receives a complete application for a permit.

B. 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 Broker/Land Applier 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.

C. A site inspection of any proposed sites for dry animal manure and other animal by-products storage or treatment facilities shall be made by the Department before a permit decision is made.

D. For permit issuances, the Department shall publish a notice of issuance of a permit to operate a dry animal manure brokering operation on the Department's website.

E. For permit denials, the Department shall give the permit applicant a written explanation, which outlines the specific reason(s) for the permit denial.

F. When a permit is issued, it shall contain an issue date and an effective 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 is effective.

G. Permits issued under this part for broker/land applier operations shall be renewed every five (5) years. However, subsequent to the issuance of a permit, if the broker/land applier operation is not in operation or production for two (2) consecutive years, the permit is no longer valid and a new permit shall be obtained. If the Broker/Land Applier does not apply for permit renewal or does not fulfill the requirements of the permit renewal, the permit is terminated. Should the broker/land applier allow his or her permit to expire and apply for a new permit within the two (2) years, the broker/land applier will be required to update the management plan before the permit is re-issued.

H. An expired broker/land applier operation permit which was issued under this part continues in effect until a new permit is effective only if the permittee submits a complete application, to the satisfaction of the Department, at least one hundred twenty (120) 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 when they go out of business.

I. At the time of the broker/land applier's renewal application, the Department shall review the yearly Animal Waste Balance Reporting Form, for every year of the current permit. The Department may request additional documentation based on the review of the Animal Waste Balance Reporting Form. The broker/land applier is required to add routine application sites to an updated management plan at the time of renewal. These manure utilization areas that are added to the broker management plan shall meet all the requirements for manure utilization areas included in Part 200 of this regulation.

J. The brokering/land applying operation can only be built (if a manure storage or treatment facility was included) or operated when the permit is effective. The dry animal manure and other animal by-products treatment or storage facility cannot be placed into operation until the Department grants an ATO.

K. For manure brokers/land appliers who do not have any constructed facilities associated with their operations, the Department shall issue a permit with an effective date. Once this permit is effective the broker/land applier may begin operations. No additional written approval from the Department shall be required.

L. For manure brokers/land appliers who are permitted to construct a storage or treatment facility associated with the brokering/land applying operation, approval to begin operations shall be obtained prior to operation. To receive approval to begin operations, the broker/land applier shall have the preparer of the Broker/Land Applier Management Plan submit to the Department written certification that the construction of the dry animal manure and other animal by-products treatment or storage facility has been completed in accordance with the approved Broker/Land Applier Management Plan and the requirements of this regulation.

M. The Department shall conduct a final inspection of any dry animal manure and other animal by-products treatment or storage facilities before granting approval to a broker/land applier to begin operations (if applicable).

N. The Department shall grant written approval for the broker/land applier to begin operations of the dry animal manure and other animal by-products treatment or storage facility after it has received the certification statement in 400.50.M and the results of the final inspection, if conducted, are satisfactory.

S.C. Code Regs. § 61-43.400.50

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