Reference is to Printer's Date 4/27/17--H.
Amend the bill, as and if amended, by striking Section 46-45-80 and inserting:
/ "Section 46-45-80.
(A) Any setback distances given
in R. 61-43, Standards for Permitting of Agricultural Animal
Facilities, are minimum siting requirements as established by
the Department of Health and Environmental Control. As long
as the established setbacks are achieved, the department may
not require additional setback distances on a
case-by- case basis considering the factors set forth in the
regulation. Such distances from property lines or
residences may be waived or reduced by written consent of
the adjoining property owners, or otherwise without
consent of the adjoining property owners, when there are
innovative and alternative technologies approved by the
department pursuant to the Innovative and Alternative
Technologies Section of R. 61-43. All agricultural
animal facilities affected by these setback provisions must have
a vegetative buffer between the facility and the affected
residence person as established by DHEC
unless otherwise agreed to in writing by the adjoining
landowners.
(B) The
department shall consider the cumulative impacts including, but
not limited to; impacts from evaporation; storm water; and other
potential and actual point and nonpoint sources of pollution
runoff; levels of nutrients or other elements in the soils and
nearby waterways; groundwater or aquifer contamination;
pathogens or other elements; and the pollution assimilative
capacity of the receiving waterbody. These cumulative impacts
will be considered prior to permitting new or expanded poultry
facility or another agricultural animal facility. Alternative
manure and other waste by-product treatment and utilization
methods may be required in watersheds which are
nutrient-sensitive waters, or impaired by pathogens.
(C) The
department also shall act on all permits so as to prevent
degradation of water quality due to the cumulative and secondary
effects of permit decisions. Cumulative and secondary effects
are impacts attributable to the collective effects of a number
of poultry facilities or another agricultural animal facilities
in a defined area and include the effects of additional projects
similar to the requested permit proposed on sites in the
vicinity. All permit decision shall ensure that poultry facility
or another agricultural animal facility and manure treatment and
utilization alternative with the least adverse impact on the
environment shall be utilized. To accomplish this, new and
expanding facilities, shall use the best available technology
for the handling, storage, processing, treatment, and
utilization of manure. Cumulative and secondary impacts include,
but are not limited to; run off from land application of manure
and a poultry facility or another agricultural animal facility;
evaporation and atmosphere deposition of elements; ground-water
or aquifer contamination; the build up of elements in the soil;
and other potential and actual point and nonpoint sources of
pollution in the vicinity." /
Renumber sections to conform.
Amend title to conform.