S.C. Code Regs. § § 61-43.400.60

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

Section 61-43.400.60 - Manure Utilization Area Requirements

A. Application Rates. The Department shall approve a Broker/Land Applier Management Plan that establishes application rates based upon the limiting constituent (a nutrient or other constituent as given in item 400.60.B). The limiting constituent shall be nitrogen, unless the soil test results exceed the limits for phosphorus. More information on maximum allowable constituent concentrations are outlined in item 400.60.B and item 400.60.C.

B. Constituent Limits for Land Application of Dry Animal manure and other animal by-products and Operational Practices for Land Application.

1. Dry animal manure and other animal by-products. When the animal manure analysis indicates there are high levels of arsenic, copper, zinc, or other constituent of concern, the producer shall comply with the following criteria:

a. Constituent Limits. If animal manure and other animal by-products subject to a constituent limit is applied to land, either:

i. The cumulative loading rate for each constituent shall not exceed the loading rate in Table 1 of Section 400.60; or

ii. The concentration of each constituent in the animal manure and other animal by-products shall not exceed the concentration in Table 2 of Section 400.60.

b. Constituent concentrations and loading rates - animal manure and other animal by-products.

i. Cumulative constituent loading rates.

TABLE 1 OF SECTION 400.60 - CUMULATIVE CONSTITUENT LOADING RATES
Cumulative Constituent Loading Rate
Constituent	(kilograms per hectare)	(pounds	per acre)
Arsenic	41	37
Copper	1500	1339
Zinc	2800	2499

ii. Constituent concentrations.

TABLE 2 OF SECTION 400.60 - CONSTITUENT CONCENTRATIONS
Monthly Average Concentrations
Constituent	Dry weight basis (milligrams per kilogram)
Arsenic	41
Copper	1500
Zinc	2800

iii. Annual constituent loading rates.

TABLE 3 OF SECTION 400.60 - ANNUAL CONSTITUENT LOADING RATES
Annual Constituent Loading Rate
(kilograms per hectare	(pounds per acre per
Constituent	per 365-day period)	365-day period)
Arsenic	2.0	1.8
Copper	75	67
Zinc	140	125

c. Additional constituent limits may be required, from the application information or subsequent monitoring in a permit thereafter, but such needs shall be assessed on an individual project basis.

d. No person shall apply animal manure and other animal by-products to land if any of the loading rates in Table 1 of Section 400.60.B.1 have been reached.

e. No person shall apply animal manure and other animal by-products to land during a 365-day period after the annual application rate in Table 3 of Section 400.60.B.1 has been reached.

f. If animal manure and other animal by-products have not been applied to the site, the cumulative amount for each constituent listed in Table 2 of Section 400.60.B.1 may be applied to the site in accordance with Section 400.60.B.1.a.i (cumulative loading rate shall not exceed the cumulative constituent loading rate).

g. If animal manure and other animal by-products have been applied to the site and the cumulative amount of each constituent applied to the site in the animal manure and other animal by-products is known, the cumulative amount of each constituent applied to the site shall be used to determine the additional amount of each constituent that can be applied to the site in accordance with Section 400.60.B.1.a.i (cumulative loading rate shall not exceed the cumulative constituent loading rate).

h. Manure application shall not exceed the agronomic rate of application for plant available nitrogen (PAN) for the intended crop(s) on an annual basis. For those years that fertilizer is land applied, manures in combination with the fertilizer shall not exceed the agronomic rate of nutrient utilization of the intended crop(s).

2. Any person who land applies animal manure and other animal by-products shall ensure that the applicable requirements in this part are met when the animal manure and other animal by-products are applied to the land.

3. If the Department receives complaints on a land application site, the Department may restrict land application of animal manure on this site completely or during certain time periods.

C. Requirements for the land application of animal manure and other animal by-products.

1. Manure (solid or liquid) shall only be applied when weather and soil conditions are favorable and when prevailing winds are blowing away from nearby dwellings. Animal manure and other animal by-products should not be applied to land when the soil is saturated, flooded, during rain events, or when a significant rain event is forecasted to occur within forty-eight (48) hours.

2. Animal manure and other animal by-products shall not be placed directly in groundwater.

3. Animal manure and other animal by-products shall not be applied to cropland more than thirty (30) calendar days before planting or during dormant periods for perennial species, unless otherwise approved by the Department in an emergency situation.

4. The land application equipment, when used once or more per year, shall be calibrated at least annually by the applicator. A permit may require more frequent calibrations to ensure proper application rates. The two (2) most recent calibration records should be retained by the broker/land applier and made available for Department review upon request. If the land application equipment has not been used in over a year, the equipment shall be calibrated prior to use.

5. If the broker chooses to offer manure analysis as a service, the manure shall be analyzed at least once per year. If the broker does not perform manure analysis, the animal producer shall provide the broker with a copy of the most recent manure analysis. Dry animal manure information (as appropriate) shall be included as follows:

a. Dry animal manure shall be analyzed for the following:

i. Nutrients (on a dry weight basis).

(a) Total Kjeldahl Nitrogen (mg/kg).

(b) Total inorganic nitrogen (mg/kg).

(c) Total ammonia nitrogen (mg/kg) and Total nitrate, nitrogen (mg/kg).

(d) P₂O₅ (mg/kg).

(e) K₂O (mg/kg).

(f) Calcium Carbonate equivalency (if animal manure is alkaline stabilized).

ii. Constituents (on a dry weight basis).

(a) Arsenic (mg/kg).

(b) Copper (mg/kg).

(c) Zinc (mg/kg).

b. Name, address, email, and telephone number of the laboratory conducting the analyses.

c. Analysis shall be conducted by Clemson University Extension Service or a laboratory certified by the Department. This laboratory shall have and maintain certification for the constituents to be analyzed.

6. Permittees do not have to analyze for any constituent that they can demonstrate, to the satisfaction of the Department, is not present in their manure.

7. No person(s) accepting or purchasing manure or other animal by-products from a manure broker shall apply animal manure and other animal by-products to the land except in accordance with the requirements in this part. The broker shall inform the recipient of their responsibility to properly manage the land application of manure to prevent discharge of pollutants to Waters of the State (including ephemeral and intermittent streams) and ditches that lead to Waters of the State.

8. An animal producer who supplies animal manure to a broker/land applier shall provide the broker/land applier with the concentration of plant available nitrogen, phosphorus, potassium, and the concentration of all other constituents listed in the permit. If the broker/land applier is providing an additional service of collecting the manure samples to be analyzed, which shall be agreed upon up-front in the manure transfer contract, the analysis shall identify the name of the farm where the manure originated.

9. Animal manure and other animal by-products shall not be applied to or discharged onto a land surface when the vertical separation between the manure and other animal by-products and the seasonal water table is less than 1.5 feet at the time of application. For special cases, no land application can occur when the vertical separation from the ground surface to the water table is less than 1.5 feet at the time of application unless a situation is deemed an emergency with departmental concurrence.

10. Soil sampling (6-8 inches depth) shall be conducted for each field prior to manure application to determine the appropriate application rate. Each field should be sampled once per year. If manure application frequency will be less than once per year, at least one (1) soil sample should be taken prior to returning to that field for land application. This sample shall not be more than one (1) year old. All new manure utilization areas shall be evaluated using the NRCS-CPS to determine the suitability for application and the limiting nutrient (nitrogen or phosphorus). This information shall be obtained from person(s) accepting dry animal manure and other animal by-products prior to the delivery or land application of animal manure and other animal by-products by the broker/land applier. Soil phosphorus shall be addressed according to NRCS-CPS in the broker management plan. However, fields that are high in phosphorus may also be required to incorporate additional runoff control or soil conservation features as directed by the Department. The Department may require additional limits on soil phosphorus in the permit conditions. Additional soil sampling may be required by the Department on a case-by-case basis to ensure there is no potential for groundwater contamination.

11. The permittee shall obtain information needed to comply with the requirements in this part.

12. A Manure Transfer Contract shall be developed for the broker to use with any person who is accepting manure in quantities greater than 12 tons per recipient per year. The contract should contain, at a minimum, the following information:

a. Name, address, email, county, and telephone number of the person who is purchasing or accepting animal manure and other animal by-products;

b. Name, address, email, CAMM number, county, and telephone number of the broker who is selling or providing animal manure and other animal by-products;

c. Manure nutrient composition (pounds per ton of plant available nitrogen, phosphorus, and potassium) to be filled in or provided by the broker/land applier. This information shall be obtained from the manure analysis results and the broker shall provide this information on the manure transfer contract;

d. Land Application Field Information:

i. Physical Description (acreage, crop, soil type);

ii. Soil Test Results (nitrogen, phosphorus, potassium, zinc, and copper in pounds/acre); and

iii. Recommended Application Rates (nitrogen, phosphorus, and potassium in pounds per acre as reported on a soil test).

e. Attach a copy of a soils map, topographic map, county tax map, plat, FSA map, or a site plan sketch which includes the following information:

i. Manure application area with setbacks outlined;

ii. Known water supply wells within 100 feet of the property line;

iii. Adjacent surface waters, including ditches, streams, creeks, and ponds; and

iv. Identification of roads and highways to indicate location.

f. Description of application equipment and name of person to land apply manure;

g. Signed agreement that informs the land owner/applier that he is responsible and liable for land applying the animal manure and other animal by-products in accordance with this regulation; and

h. A copy of the land application requirements shall be provided to the recipient of the manure.

13. All persons who routinely accept animal manure and other animal by-products, in quantities greater than 12 tons per recipient per year, from a broker shall be listed in the approved Broker Management Plan at the time of permit renewal. The Broker Management Plan shall include the appropriate manure utilization area information for the sites routinely used by other persons. The person accepting the manure may be required by the Department to have a Management Plan and a permit for their manure utilization areas.

14. Dead animals shall be removed from animal manure and other animal by-products prior to land application. The livestock producer is responsible for removing all dead animals from the manure prior to transfer. Manure brokers/land appliers may not accept manure that contains dead animals, unless the broker/land applier plans to separate out the dead animals and handle the dead animals in accordance with a dead animal disposal plan approved by the Department.

15. If the Department receives complaints on a land application site, the Department may restrict land application of animal manure on the site completely or during certain time periods.

16. The Department may require animal manure and other animal by-products, spread on cropland, to be disked in immediately.

17. Manure (solid or liquid) shall only be applied when weather and soil conditions are favorable and when prevailing winds are blowing away from nearby dwellings. Animal manure should not be applied to land when the soil is saturated, flooded, during rain events, or when a significant rain event is forecasted to occur within forty-eight (48) hours.

18. Any animal manure and other animal by-products that contain fly larvae and fly pupae shall be disked into the ground immediately or treated with an approved and effective fly control method. If the manure utilization on a land application area creates a fly problem for the community, the owner and/or applicator shall be responsible for the control of all flies resulting from the application of the manure. Assistance in fly control and fly problem prevention can be obtained through contact with the local Clemson Extension Service Office.

19. Animal manure and other animal by-products shall not be spread in the floodplain if there is danger of a major runoff event, unless the manure is incorporated during application or immediately after application.

20. If the manure is stockpiled outside, the manure shall be stored on a concrete pad and/or other approved pad and covered with an acceptable cover to prevent odors, vectors, and runoff on a daily basis (unless otherwise stated in the permit). The cover should be properly vented with screen wire to let the gases escape. The edges of the cover should be properly anchored.

21. Manure Brokers/Land Appliers and other manure transporters shall use all sanitary precautions in the collection, storage, transportation, and spreading of animal manure and other animal by-products. The body of all vehicles transporting manure shall be wholly enclosed, or shall at all times, while in transit, be kept covered with an appropriate cover provided with eyelets and rope tie-downs, or any other approved method which shall prevent blowing or spillage of loose material or liquids. Should any spillage occur during the transportation of the animal manure and other animal by-products, the owner/operator shall take immediate steps to clean up the animal manure and other animal by-products.

D. Setbacks for manure utilization areas.

1. The minimum separation distance required between a manure utilization area and a residence is 300 feet. If there are no residences within 300 feet of the manure utilization area, manure may be utilized up to the property line. The setback may be waived with the written consent of the owner of the residence. If the application method is injection or immediate incorporation (same day), manure can be utilized up to the property line.

2. The minimum separation distance required between a manure utilization area and Waters of the State (including ephemeral and intermittent streams) is 100 feet when dry manure is spread on the ground surface, 75 feet when incorporation is the application method, and 50 feet when injection is the application method. When incorporation is accomplished within twenty-four (24) hours of the initial application, the distance can be reduced to 50 feet.

3. The minimum separation distance required between a manure utilization area and ditches and swales that discharge to Waters of the State including ephemeral and intermittent streams is 50 feet.

4. The minimum separation distance required between a manure utilization area and a potable drinking water well is 200 feet.

5. The Department may establish additional application buffer setbacks for property boundaries, roadways, residential developments, dwellings, water wells, drainage ways, and surface water (including ephemeral and intermittent streams) as deemed necessary to protect public health and the environment. Factors taken into consideration in the establishment of additional setbacks would be animal manure application method, adjacent land usage, public access, aerosols, runoff prevention, adjacent groundwater usage, and potential for vectors and odors.

E. The Department may establish additional permitting restrictions based upon soil and groundwater conditions to ensure protection of the groundwater and surface Waters of the State (including ephemeral and intermittent streams). Criteria may include, but is not limited to, soil permeability, clay content, depth to bedrock, rock outcroppings, aquifer vulnerability, proximity to a State Approved Source Water Protection Area, and depth to the seasonal high groundwater table.

F. The Department may establish permit conditions to require that animal manure and other animal by-products application rates remain consistent with the lime and fertilizer requirements for the cover, feed, food, and fiber crops based on Southeastern land grant universities' published lime and fertilizer recommendations, such as the Lime and Fertilizer Recommendations, Clemson Extension Services.

G. The Department may establish minimum requirements in permits for soil and/or groundwater monitoring, for manure utilization areas. Factors taken into consideration in the establishment of soil and groundwater monitoring shall include groundwater depth, operation flexibility, application frequency, type of animal manure and other animal by-products, size of manure utilization area, aquifer vulnerability, proximity to a State Approved Source Water Protection Area, and loading rate.

1. The Department may establish pre-application and post-application site monitoring requirements in permits for limiting nutrients or limiting constituents as determined by the Department.

2. The Department may establish permit conditions, which require the permittee to reduce, modify, or eliminate the animal manure and other animal by-products applications based on the results of this monitoring data.

3. The Department may modify, revoke and reissue, or revoke a permit based on the monitoring data.

H. The Department may require manure to be treated for odor control (i.e., composting or lime stabilizing for dry operations) prior to land application if the manure is not incorporated into the soil at the time of land application or if odors exist or are suspected to exist at an undesirable level. Manure, which has a very undesirable level of odor before treatment, such as turkey manure, shall not normally be permitted to be land applied on land near residences without appropriate treatment for odor control.

S.C. Code Regs. § 61-43.400.60

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