S.C. Code Regs. § § 61-43.400.70

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

Section 61-43.400.70 - Other Requirements

A. On a case-by-case basis, the Department may impose additional or more stringent requirements for the management, handling, treatment, storage, or utilization of animal manure and other animal by-products.

B. The following cases shall be evaluated for additional or more stringent requirements:

1. Source water protection. Facilities and manure utilization areas located within a State Approved Source Water Protection Area.

2. 303(d) Impaired Waterbodies List. Facilities and manure utilization areas located upstream of an impaired waterbody.

3. Proximity to Outstanding Resource Waters, trout waters, shellfish waters, or would adversely affect a federally listed endangered or threatened species, its habitat, or a proposed or designated critical habitat.

4. Aquifer Vulnerability Area, an area where groundwater recharge may affect an aquifer.

C. If an adverse impact to the Waters of the State, including ephemeral and intermittent streams and groundwater, from animal manure and other animal by-products handling, storage, treatment, or utilization practices are documented, through monitoring levels exceeding the standards set forth in R.61-68 or a significant adverse trend occurs, the Department may require the person responsible for the animal manure and other animal by-products to conduct an investigation to determine the extent of impact. The Department may require the person to remediate the water to within acceptable levels as set forth in R.61-68.

D. Animal manure shall not be released to Waters of the State, including ephemeral and intermittent streams.

E. Animal medical waste shall not be land applied with animal manure and other animal by-products.

F. Animal manure and other animal by-products shall not be removed by a manure broker from a quarantined farm, until that quarantine has been lifted by the State Veterinarian.

G. Animal manure and other animal by-products that are quarantined for noxious weed seed contamination shall not be removed by a manure broker unless approved by Clemson Plant Industry.

H. If the Department determines that a complaint exists, the broker/land applier shall take action to correct the nuisance to the degree and within the time frame designated by the Department.

S.C. Code Regs. § 61-43.400.70

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