South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 32, Issue 9, effective September 26, 2008.
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CHAPTER 61. - CONTINUED
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
61-35. Imitation Milk, Imitation Milk Products, and Products Made in Semblance of Milk and Milk Products.
Section 1. Definitions.
A. Imitation milk and milk products are products which are made to resemble in form and are intended to be used as substitutes for milk and/or milk products as defined in the South Carolina Department of Health and Environmental Control's Rules and Regulations Governing Milk and Milk Products and which have been determined to be nutritionally inferior to the milk or milk products they are intended to imitate. (The standards for milk and milk products as published in the Milk Industry Foundation Labeling Manual, March 1974, will be used to determine if a product is nutritionally inferior.)
B. Products made in semblance of milk and milk products are products which are made to resemble in form and are intended to be used in substitution for milk and/or milk products and which are determined not to be nutritionally inferior to milk and/or milk products.
C. The fat content and solids not fat for imitation milk, imitation milk products, and products made in semblance of milk and milk products shall meet the minimum standards for the milk or milk product which it imitates or resembles. To each quart of imitation milk, imitation lowfat milk, imitation skim milk, and products made in semblance of these products, 400 U.S.P. units of Vitamin D and 2000 U.S.P. units of Vitamin A shall be added.
D. Any imitation milk, imitation milk products and products made in semblance of milk and milk products shall be deemed to be adulterated (1) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; (2) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by State or Federal regulation, or in excess of such tolerance if one has been established; (3) if it consists, in whole or in part, of any substance unfit for human consumption; (4) if it has been produced, processed, prepared, packed, or held under insanitary conditions; (5) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
E. Imitation milk, imitation milk products and products made in semblance of milk and milk products are misbranded (1) when their container(s) bear or accompany any false or misleading written, printed or graphic matter; (2) when such products do not conform to their definitions as contained in these regulations, and (3) when such products are not labeled in accordance with Section 2 of these regulations.
Section 2. Labeling.
A. The label must be readable and understandable and shall not contain any misleading or false statements. All ingredients must be identified by their common name, and nutritional information must be shown. Vegetable and animal fats used must be identified by source. Imitation products shall be labeled "Imitation" followed by the name of the milk or milk product imitated. Labels for imitation products containing no dairy ingredient shall also show the term "non-dairy product". Imitation products containing dairy products and/or dairy ingredients shall show, following the name of the imitation products, the name of the specific dairy product(s) and/or dairy ingredient(s) contained.
B. Products made in semblance of milk and milk products shall comply with labeling requirements stated in Section #2A, for imitation milk and milk products. A fanciful name may be used and/or the word "imitation".
Section 3. Sanitation, Bacteriological, Chemical, and Temperature Standards.
Sanitation requirements for processing, packaging, and distribution of imitation milk, imitation milk products, and products made in semblance of milk and milk products shall be the same as those for Grade A pasteurized milk and milk products. (Section 7, Item IP-22P, Rules and Regulations Governing Milk and Milk Products, South Carolina Department of Health and Environmental Control, 1968, as amended). Chemical, bacteriological, and temperature standards shall be the same as those shown for Grade A pasteurized milk and milk products. (Section 7, Chemical, Bacteriological, and Temperature Standards for Grade A Milk and Milk Products, Rules and Regulations Governing Milk and Milk Products, South Carolina Department of Health and Environmental Control, 1968, as amended).
Section 4. Adulterated or Misbranded Imitation Milk, Imitation Milk Products and Products Made in Semblance of Milk and Milk Products.
No person shall within the state of South Carolina or its police jurisdiction, process, provide, sell, offer, or expose for sale, or have in possession with intent to sell any imitation milk, imitation milk products or products made in semblance of milk and milk products which is adulterated or misbranded. Any adulterated or misbranded imitation milk, imitation milk product or products made in semblance of milk and milk products may be impounded by the Department of Health and Environmental Control and disposed of in accordance with applicable laws and regulations.
Imitation milk, imitation milk products and products made in semblance of milk or milk products shall be examined or sampled by the Department of Health and Environmental Control as often as necessary to determine freedom from adulteration or misbranding. The Department of Health and Environmental Control may upon written notice to the owner or person in charge place a hold order on any imitation milk, imitation milk products, or products made in semblance of milk and milk products which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, products shall be permitted to be suitably stored.
Section 5. Permits.
It shall be unlawful for any person who does not possess a permit from the Department of Health and Environmental Control to process and package, have in storage, or otherwise offer for sale any products defined in these regulations.
In addition, requirements contained in Section 3 "Permits" in the Rules and Regulations Governing Milk and Milk Products, South Carolina Department of Health and Environmental Control, 1968, as amended, which are applicable shall be required for the processing, storage and offering for sale of products defined.
Section 6. Inspections of Plants.
Each plant, storage facility, and distribution station located in South Carolina whose products are defined in these regulations shall be inspected by the South Carolina Department of Health and Environmental Control prior to the issuance of a permit. Following the issuance of a permit, each plant, storage facility, and distribution station shall be inspected at least once every three months. Should the violation of any sanitation requirement set forth in Section 3 be found to exist, a second inspection shall be required after the time deemed necessary to remedy the violation, but not before three days have elapsed; the reinspection shall be used to determine compliance with sanitation requirements of Section 3. Any violation of the same sanitation requirement in Section 3 on such reinspection shall call for permit suspension in accordance with Section 5 (Permits).
Section 7. The Examination of Imitation Milk, Imitation Milk Products and Products Made in Semblance of Milk and Milk Products.
The examination of products defined in these regulations shall be conducted in accordance with the applicable standards and procedures contained in Section 6 of the Rules and Regulations Governing Milk and Milk Products, South Carolina Department of Health and Environmental Control, 1968, as amended.
Section 8. Imitation Milk, Imitation Milk Products and Products Made in Semblance of Milk and Milk Products from Points Beyond the Limits of Routine Inspection.
Products, defined in these regulations and processed and packaged outside the geographic limits of routine inspection of the South Carolina Department of Health and Environmental Control, or its police jurisdiction, may be sold in South Carolina, or its police jurisdiction, provided they are processed and packaged under routine official supervision, in compliance with standards, rules and regulations substantially equivalent to those applicable to like products processed and packaged in South Carolina.
Section 9. Personnel Health.
No person affected with any disease in a communicable form, or while a carrier of such disease, shall work at any plant or distribution station in any capacity which brings him in contact with the production, handling, storage, or transportation of products defined in these regulations, containers, equipment, or utensils; and no plant owner or manager shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any plant owner or manager in whose plant any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form, or has become a carrier of such disease, shall notify the Department of Health and Environmental Control.
Section 10. Procedure When Infection is Suspected.
When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of products defined in these regulations, the health authority is authorized to require any or all of the following measures:
1. The immediate exclusion of that person from product handling.
2. The immediate exclusion of the product concerned from distribution and use.
3. Adequate medical and bacteriological examination of the person, or his associates, and his and their body discharges.
Section 11. Reference to Rules and Regulations Governing Milk and Milk Products.
In addition to definitions and requirements contained in these regulations, all requirements contained in Rules and Regulations Governing Milk and Milk Products, South Carolina Department of Health and Environmental Control, 1968, as amended, which are applicable shall be required for the processing, storing, and offering for sale of imitation milk, imitation milk products, and products made in semblance of milk and milk products.
Section 12. Enforcement.
These regulations shall be enforced by the health authority, in accordance with interpretations and public health reasons approved by the South Carolina Department of Health and Environmental Control.
Section 13. Penalties.
Violations of these regulations shall be punishable in accordance with Section 44-1-150, Code of Laws of South Carolina, 1976, by fine not exceeding $100 or imprisonment not exceeding 30 days; and each day of continued violation shall be a separate offense.
Section 14. Repeal and Date of Effect.
These regulations shall be in full force and effect immediately after their adoption and publication; and, at that time all regulations and part of regulations in conflict with this regulation are hereby repealed.
Section 15. Unconstitutionality Clause.
Should any section, paragraph, sentence, clause, or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of said regulation shall not be affected thereby.
(Statutory Authority: S.C. Code Ann. Sections 44-1-140 et seq., 44-1-140(11); 1-23-10; 1-23-110 (1976, as amended))
TABLE OF CONTENTS
Section I. Definitions
Section II. Adulterated or Misbranded Frozen Desserts
Section III. Compliance Procedures
Section IV. Labeling
Section V. Inspection of Frozen Dessert Plants
Section VI. The Examination of Frozen Desserts
Section VII. Standards for Frozen Dessert Plants
Section VIII. Frozen Desserts from Points Beyond the Limits of Routine Inspection
Section IX. Plans for Construction and Reconstruction
Section X. Personnel Health
Section XI. Procedure When Infection or High Risk Infection is Suspected
Section XII. Recalls
Section XIII. Enforcement
Section XIV. Penalties
Section XV. Repeal and Date of Effect
Section XVI. Severability Clause
Section I. DEFINITIONS
The following definitions shall apply in the interpretation and the enforcement of this Regulation:
ADULTERATED FROZEN DESSERTS - a frozen dessert is deemed to be adulterated if the product:
1. Bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
2. Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by State or Federal regulation, or in excess of such tolerance if one has been established;
3. Consists, in whole or in part, of any substance unfit for human consumption;
4. Has been produced, processed, prepared, packaged, or held under unsanitary conditions;
5. Is packaged in a container which is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
6. Has any substance added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
7. Is in violation of Section 402 of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 342) will be considered as a violation of this Regulation.
ASEPTICALLY PROCESSED MIX - a frozen dessert mix that is hermetically sealed in a container and so thermally processed in conformance with 21 CFR 113 and the provisions of this Regulation so as to render the product free or microorganisms capable of reproducing in the product under normal non-refrigeration conditions of storage and distribution. The product shall be free of viable microorganisms (including spores) of public health significance.
ASEPTIC PROCESSING - a process whereby the mix has been subjected to sufficient heat processing, and packaged in a hermetically sealed container, to conform to the applicable requirements of 21 CFR 113 and the provisions of Section VII (B), Item 16, of this Regulation and maintain the commercial sterility of the product under normal non-refrigerated conditions.
DEPARTMENT - the authorized representative of the South Carolina Department of Health and Environmental Control.
DRUG - shall mean:
1. articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and
2. articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and
3. articles (other than food) intended to affect the structure of any function of the body of man or other animals; and
4. articles intended for use as a component of any articles specified in clauses 1, 2, or 3, but does not include devices or their components, parts, or accessories.
FOUNTAIN FREEZER - a freezer which is installed and used for freezing frozen desserts which are held in the freezer under refrigeration until they are served for immediate consumption.
FROZEN DESSERTS - frozen desserts as used in this regulation shall be defined in S.C. Code Ann. Section 39-37-10 (1976, as amended). They shall also include mixes used for frozen dessert manufacturing and products such as gelato and sorbetto made in semblance of those products defined in Section 39-37-10.
FROZEN DESSERTS MANUFACTURER - any person, except frozen dairy foods retailer, who manufactures, processes, or freezes any frozen desserts for distribution or sale.
FROZEN DESSERTS PLANT - any place or premises except frozen dairy foods retailers where frozen desserts are manufactured, processed, or frozen for distribution or sale.
FROZEN DESSERTS RETAILER - any person who sells, serves, dispenses or processes by fountain freezing, frozen desserts at retail which have been processed in an approved frozen desserts plant.
HERMETICALLY SEALED CONTAINER - a container that is designed and intended to be secure against the entry of microorganisms and thereby maintain the commercial sterility of its contents after processing.
MIX - the unfrozen combination of ingredients of frozen desserts except such fruits, nuts, flavors, color, and other ingredients as may be exempted by the Department. Mix shall be pasteurized.
NOVELTIES - Frozen desserts, either alone or in combination with other foods such as cookies, wafers, cones, coating, confections, etc., which are packaged in single-serving units.
PASTEURIZATION - the process of heating every particle of mix in properly designed and operated equipment to one of the temperatures given in the following table, and held continuously at or above that temperature for at least the corresponding specified time:
TEMPERATURE / TIME
155 degrees F / 30 Minutes
175 degrees F / 25 Seconds
180 degrees F / 15 Seconds
191 degrees F / 1.0 Second
194 degrees F / 0.5 Second
201 degrees F / 0.1 Second
204 degrees F / 0.05 Second
212 degrees F / 0.01 Second
Provided further, that nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the United States Food and Drug Administration (FDA) to be equally efficient and which is approved by the Department.
PERSON - any individual, plant operator, partnership, corporation, company, firm, trustee, association, or institution.
OFFICIALLY DESIGNATED LABORATORY - a commercial laboratory authorized to do official work by the Department, or a milk industry laboratory officially designated by the Department for the examination of producer samples of Grade A raw milk for pasteurization and commingled milk tank truck samples of raw milk for antibiotic residues and bacterial limits.
OFFICIAL LABORATORY - a biological, chemical, or physical laboratory which is under the direct supervision of the Department.
SANITIZATION - the application of any effective method or substance to a clean surface for the destruction of pathogens, and of other organisms as far as is practicable. Such treatment shall not adversely affect the equipment, the milk or milk product or the health of consumers, and shall be acceptable to the Department.
STERILIZED - the condition achieved by application of heat, chemical sterilant(s) or other appropriate treatment that renders the piping, equipment and containers free of viable microorganisms.
ULTRA-PASTEURIZED - mix that has been thermally processed at or above 138°C (280°F) for at least two seconds, either before or after packaging, so as to produce a product which has an extended shelf life under refrigerated conditions.
Section II. ADULTERATED OR MISBRANDED FROZEN DESSERTS
A. No person shall within the State of South Carolina, or its jurisdiction, produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell any frozen dessert which is adulterated or misbranded. Any frozen dessert which may contain any unwholesome substance, or which if defined in this Regulation does not conform with the definition, shall be deemed adulterated and/or misbranded.
B. Any adulterated or misbranded frozen dessert may be impounded by the Department and disposed of in accordance with applicable laws or regulations.
C. Frozen desserts shall be examined by the Department as often as may be necessary to determine freedom from adulteration or misbranding. The Department may, upon written notice to the owner or person in charge, place a hold order on any frozen dessert which it determines or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded. Under a hold order, frozen desserts shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on frozen desserts by the Department, and neither such frozen desserts nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Department, except on order by a court of competent jurisdiction.
D. When frozen desserts are found to be adulterated by drugs, pesticides, herbicides, or other poisonous substances, the adulterated products shall be removed from the market, disposed of, and sale stopped until analysis provides the product to be free from adulteration.
Section III. COMPLIANCE PROCEDURES
A. PERMIT:
1. It shall be unlawful for any person who does not possess a permit from the Department to bring into, send into, or receive into South Carolina or its jurisdiction, for sale, or to sell, or offer for sale therein, or to have in storage any frozen dessert defined in this Regulation: Provided, that grocery stores, restaurants, soda fountains, and similar establishments where frozen desserts are served or sold at retail, but not processed, other than fountain freezing of approved pasteurized mix, may be exempt from the requirements of this section.
2. Only a person who complies with the requirements of this Regulation shall be entitled to receive and retain such a permit. Every frozen dessert manufacturer shall have a permit. Permits shall not be transferred with respect to persons and/or locations.
B. SUSPENSION OF PERMIT:
1. The Department shall suspend such permit, whenever it has reason to believe that a public health hazard exists; or whenever the permit holder has violated any of the requirements of this Regulation; or whenever the permit holder has interfered with the Department in the performance of its duties: Provided, that the Department shall, in all cases except where the frozen desserts involved creates, or appears to create, an imminent hazard to the public health; or in any case of a willful refusal to permit authorized inspection, serve upon the permit holder, manager or other duly authorized representative, a written notice of intent to suspend permit, which notice shall specify with particularity the violation(s) in questions and afford the holder such reasonable opportunity to correct such violation(s) as may be agreed to by the parties, or in the absence of agreement, fixed by the Department before making any order of suspension effective. A suspension shall remain in effect until the violation has been corrected to the satisfaction of the Department.
2. When the permit suspension is due to violations other than bacterial, coliform, cooling temperature standards or adulteration by drugs, the permit holder, manager or other duly authorized representative, is notified of the intent to suspend the permit in fifteen days unless a written request for a hearing is filed by the permit holder within such fifteen day period with the Department. If the hearing upholds the findings of the Department, the permit shall be suspended until the reasons for the suspension have been corrected.
3. The Department may without warning, notice, or hearing suspend a permit to operate a frozen dessert plant when it is determined that the operation of the frozen dessert plant constitutes an imminent health hazard, e.g., violations of bacterial, coliform, cooling temperatures, or adulteration by growth inhibitors (drugs) or other deleterious substances. Following immediate permit suspension, all manufacturing operations shall immediately cease. The Department shall promptly notify, in writing, the permit holder, manager or other duly authorized representative, of the specific reasons for which the permit was suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Department by the permit holder, manager or other duly authorized representative, within fifteen days. If no written request for a hearing is filed within fifteen days, the suspension is sustained. During the process, the permit shall remain suspended unless the imminent health hazard has been corrected.
4. Hearings on suspension of permits provided for in this section shall be conducted in accordance, where applicable, with the South Carolina Administrative Procedures Act, S.C. Code Ann. Section 1-23-310 et. seq., 1976, as amended) and applicable regulations.
5. Any frozen dessert or mix manufacturer whose permit has been suspended may make written application for the reinstatement of his permit.
6. Within one week of receiving the written application, the Department shall make inspections and/or collect samples for analysis to determine the applicant's establishment is in substantial compliance with this Regulation. If conditions warrant, the permit will be reinstated.
C. REVOCATION OF PERMIT:
1. The Department may revoke a permit after an opportunity for a hearing has been provided for repeated critical violations of any of the requirements of this regulation, or for interference with the Department of the performance of duty. Notwithstanding any other provisions of this regulation, the permit shall be revoked if the Department is threatened with bodily harm or physical interference in the performance of inspectional duties.
2. Prior to revocation, the Department shall notify, in writing, the permit holder, manager or other duly authorized representative, of the specific reasons for which the permit is to be revoked and that the permit shall be revoked at the end of the fifteen days following service of such notice unless a written request for a hearing is filed with the Department by the permit holder, manager or other duly authorized representative, within such fifteen day period.
3. When a permit has been revoked, the holder of the revoked permit may make written application for a new permit; however, the Department may deny a new permit based upon past history.
4. The revocation of a permit, provided for in this chapter, shall be conducted in accordance with the South Carolina Administrative Procedures Act.
5. A notice provided for in this regulation is properly served when it is delivered to the permit holder, manager or other duly authorized representative, or when it is sent by registered or certified mail, return receipt requested and delivery restricted to the addressee, to the last known address of the frozen dessert plant's permit holder.
6. The hearings provided for in this regulation shall be conducted in accordance with the South Carolina Administrative Procedures Act, S.C. Code Ann. Section 1-23-310 et. seq. (1976, as amended), and applicable regulations.
Section IV. LABELING
All cans, packages, and other containers enclosing mix and frozen desserts or their ingredients derived from milk or edible food fats, except those filled from labeled bulk containers in retail dispensing, shall be plainly labeled or marked with: (1) the name of the contents; and (2) the name and address of the plant at which the contents were placed in the container. A frozen desserts manufacturing plant may be identified by a code when the Department is given advance notice of the coding. The label shall be in letters of an approved size, kind, and color and shall contain no marks or words which are misleading. All finished product labeling (name of product, ingredients, nutrition facts, net contents, etc.) shall conform to applicable federal and state labeling laws.
Section V. INSPECTION OF FROZEN DESSERT PLANTS
A. Each frozen desserts manufacturer whose frozen desserts are intended for consumption within South Carolina or its jurisdiction shall be inspected by the Department prior to the issuance of a permit.
B. Following the issuance of a permit, the Department shall inspect each frozen dessert manufacturer at least once every three months.
C. If a violation of any requirement set forth in Section VI or Section VII is found to exist on an inspection, a second inspection shall be required after the time deemed necessary to remedy the violation, but not before three days; this second inspection shall be used to determine compliance with the requirements of Section VI or VII. Any violation of the same requirement of Section VI or VII on such second inspection shall call for permit suspension in accordance with Section III and/or court action.
D. Provided, that when the Department finds that a critical processing element violation involving:
1. Proper pasteurization, whereby every particle of mix or frozen desserts may not have been heated to the proper temperature and held for the required time in properly designed and operating equipment; or
2. A cross connection exists whereby direct contamination of pasteurized mix or frozen dessert is occurring; or
3. Conditions exist whereby direct contamination of pasteurized mix or frozen desserts is occurring, the Department shall take immediate action to prevent further processing of such mix or frozen dessert until such violations of critical processing element(s) have been corrected. Should correction of such critical processing elements not be accomplished immediately, the Department shall take prompt action to suspend the permit as provided for in Section III of this Regulation.
E. Provided, that in the case of a mix plant producing aseptically processed mix, when an inspection of the mix plant and its records reveal that the process used has been less than the required scheduled process, it shall be considered an imminent hazard to the public health and the Department shall take immediate action to suspend the permit of the plant for the sale of aseptically processed mix in conformance with Section III of this Regulation.
F. One copy of the inspection report shall be handed to the operator, or other responsible person, or be posted in a conspicuous place on an inside wall of the establishment. Said inspection report shall not be defaced and shall be made available to the Department upon request. An identical copy of the inspection report shall be filed with the records of the Department.
G. Every frozen desserts plant operator shall, upon request of the Department, permit access of officially designated persons to all parts of his establishment or facilities to determine compliance with the provisions of this Regulation. A plant operator shall furnish the Department, upon request, for official use only, a true statement of the actual quantities of frozen desserts purchased and sold, and a list of all sources of such frozen desserts, records of inspections, tests, and pasteurization time and temperature records.
H. It shall be unlawful for any person who, in an official capacity, obtains any information under the provisions of this Regulation which is entitled to protection as a trade secret (including information as to the quantity, quality, source or disposition of frozen desserts, or results of inspections or tests thereof) to use such information to his own advantage or to reveal it to any unauthorized person.
Section VI. THE EXAMINATION OF FROZEN DESSERTS
A. SAMPLING CRITERIA:
1. During any consecutive six months, at least four samples of pasteurized mix and a variety of different flavors, types and sizes of containers of frozen desserts and frozen dessert novelties defined in this Regulation, except aseptically processed mix, shall be collected in at least four separate months, except when three months show a month containing two sampling dates separated by at least twenty days, from every frozen desserts plant by the Department.
2. Samples of frozen desserts shall be taken while in the possession of the manufacturer and/or distributor at any time prior to delivery to the store or consumer.
3. Samples of frozen desserts from stores, cafes, soda fountains, restaurants, and other places where frozen desserts are sold may be examined as often as the Department may require.
B. SAMPLING ENFORCEMENT:
1. Whenever two of the last four consecutive bacterial counts (except those for aseptically processed mix), coliform determinations, or cooling temperatures, taken on separate days, exceed the limit of the standard for frozen desserts, the Department shall send a certified or hand delivered written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within twenty-one days of the sending of such notice, but not before the lapse of three days. Immediate suspension of permit in accordance with Section III, and/or court action shall be instituted whenever the standard is violated by three of the last five bacterial counts (except those for aseptically processed mix), coliform determinations, or cooling temperatures.
2. Whenever a phosphatase test is positive, the cause shall be determined. Where the cause is improper pasteurization, it shall be corrected and any mix or frozen desserts involved shall not be offered for sale.
3. Whenever a pesticide residue test is positive, an investigation shall be made to determine the cause, and the cause shall be corrected. An additional sample shall be taken and tested for pesticide residues and no frozen desserts shall be offered for sale until it is shown by a subsequent sample to be free of pesticide residues or below the actionable levels established for such residues.
4. Whenever a drug residue test is positive, an investigation shall be made to determine the cause, and the cause shall be corrected in accordance with the provision of Section II of this Regulation.
5. Whenever a container or containers of aseptically processed mix is found to be unsterile due to under-processing, the Department shall consider this to be an imminent hazard to public health and shall suspend the permit of the mix plant for the sale of aseptically processed mix. No aseptically processed mix or frozen desserts made from the mix, shall be sold until it can be shown that the processes, equipment and procedures used are suitable for consistent production of a sterile product. All products, including frozen desserts, manufactured from the lot found to contain one or more unsterile units shall be recalled and disposed of as directed by the Department.
C. SAMPLING METHODS:
Samples shall be analyzed at an official or appropriate officially designated laboratory. All sampling procedures and required laboratory examinations shall be in substantial compliance with the Standard Methods for the Examination of Dairy Products of the American Public Health Association, and the certification of sample collectors, and examinations shall be evaluated in accordance with the United States Public Health Service/FDA Evaluation of Milk Laboratories. Aseptically processed mix packaged in hermetically sealed containers shall be tested in accordance with the FDA's Bacteriological Analytical Manual. Examinations and tests to detect adulterants, including pesticides, shall be conducted, as the Department requires.
Section VII. FROZEN DESSERT PLANTS
A. TEMPERATURE, BACTERIOLOGICAL AND CHEMICAL REQUIREMENTS
1. All frozen desserts shall be produced, processed, and pasteurized, ultra-pasteurized, aseptically processed and frozen to conform with the following temperature, bacteriological, and chemical standards and the sanitation requirements of this section:
a. Raw Milk and Milk Products for Pasteurization, Ultra Pasteurization, and Aseptic Processing:
(1) Temperature - Cooled to 10°C (50°F) or less within four (4) hours or less, of the commencement of the first milking, and to 7°C (45°F) or less within two (2) hours after the completion of milking. Provided, that the blend temperature after the first milking and subsequent milkings does not exceed 10°C (50°F).
(2) Bacterial Limits - Individual producer milk not to exceed 100,000 per mL prior to commingling with other producer milk. Not to exceed 300,000 per mL as commingled milk prior to pasteurization.
(3) Somatic Cell Count - Individual producer milk not to exceed 750,000 per mL. Goat milk not to exceed 1,000,000 per mL.
(4) Drugs - No positive results on drug residue detection methods as referenced in Section 6 - Laboratory Techniques, FDA Grade A PMO as amended.
b. Pasteurized Frozen Desserts and Heat-Treated, Bulk-Shipped Milk Products:
(1) Temperature - Cooled to 7°C (45°F) or less and maintained thereat.
(2) Bacterial limits* - 30,000 per mL.
(3) Coliform - Not to exceed 10 per mL: provided that, in the case of bulk milk transport tank shipments, where contents are to be repasteurized, shall not exceed 100 per mL.
(4) Phosphatase** - Less than 500 milliunits/L by the Fluorometer or Clarion ALP or equivalent.
(5) Drugs - No positive results on drug residue detection methods as referenced in Section 6 - Laboratory Techniques, FDA Grade A PMO as amended.
c. Aseptically Processed Mix:
(1) Temperature - None.
(2) Bacterial limits - No growth by test specified in Section VI.
(3) Drugs - No positive results on drug residue detection methods as referenced in Section 6 - Laboratory Techniques, FDA Grade A PMO as amended.
*Not applicable to cultured products.
**Not applicable to bulk shipped heat-treated milk products.
2. No process or manipulation other than pasteurization, ultra pasteurization or aseptic processing, freezing, processing methods integral therewith, and appropriate refrigeration (freezing) shall be applied to mix and frozen desserts for the purpose of removing or deactivating microorganisms: Provided, that in the bulk shipment of cream, skim milk, or lowfat milk, the heating of the raw milk, one time, to temperatures greater than 125°F but less than 161°F for separation purposes is permitted when the resulting bulk shipments of cream, skim milk, and/or lowfat milk are labeled heat-treated.
B. SANITATION OF FROZEN DESSERT PLANTS
1. Floors - Construction: The floors of all rooms in which frozen desserts, or their ingredients are processed, handled or stored, including cold storage rooms, or in which containers, equipment and utensils are washed or stored shall be constructed of concrete or other equally impervious and easily cleaned material and shall be kept in good repair. Floors in all areas in which frozen desserts or their ingredients are processed or in which containers, equipment and utensils are washed shall be properly sloped and equipped with trapped drains.
2. Walls and Ceilings - Construction: Walls and ceilings of room in which frozen desserts or their ingredients are processed, handled, or stored, or in which containers, utensils, and equipment are washed shall have a smooth, water resistant, washable, light-colored surface in good repair.
3. Doors and Windows: Effective means shall be provided to prevent the access of insects and rodents. All openings to the outside shall have solid doors or glazed windows which shall be closed during dusty weather. Outside openings shall be protected against the entrance of insects by tight-fitting, self-closing doors, closed windows, screening, effective air curtains or other means.
4. Lighting and Ventilation:
a. All rooms in which frozen desserts or their ingredients are handled, processed, or stored, and/or in which containers, equipment, and utensils are washed shall be well lighted and ventilated. At least twenty foot candles of light are needed in working areas. Dry storage and cold storage rooms need at least five foot candles of light.
b. Pressurized ventilating systems shall have a filtered air intake.
5. Separate Rooms:
a. There shall be separate rooms for:
(1) The pasteurizing, processing, cooling, freezing and packaging of mix and frozen desserts.
(2) Cleaning and sanitizing facilities for tank trucks in plants receiving mix or milk products in such tanks.
(3) Receiving cans of mix in plants receiving such cans.
b. Rooms in which mix or frozen desserts are handled, processed, or stored, or in which containers, utensils, and equipment are washed or stored shall not open directly into any stable or any room used for domestic purposes. All rooms shall be of sufficient size for their intended purposes.
c. Designated areas or rooms shall be provided for the receiving, handling and storage of returned packaged mix and frozen desserts.
6. Toilet-Sewage Disposal Facilities:
Every frozen desserts plant shall be provided with toilet facilities conforming with state and local plumbing laws, regulations and codes. Toilet rooms shall not open directly into any room in which frozen desserts, their ingredients, equipment, or containers are processed, handled or stored. Toilet rooms shall be completely enclosed and shall have tight-fitting, self-closing doors. Dressing rooms, toilet rooms and fixtures shall be kept in a clean condition, in good repair, and shall be well ventilated and well lighted. Sewage and other liquid wastes shall be disposed of in wastewater system approved by the Department. A sign directing employees to wash their hands before returning to work shall be posted in all toilet rooms used by employees.
7. Water Supply:
a. Water for frozen dessert plant purposes shall be from a supply properly located, protected and operated, and shall be easily accessible, adequate and of a safe, sanitary quality.
b. Samples for bacteriological testing of individual water supplies shall be taken by the Department upon the initial approval of the physical structure, each six months thereafter, and when any repair or alteration of the water supply system has been made. Examinations shall be conducted in an official laboratory, and records maintained.
8. Hand-washing Facilities: Convenient hand-washing facilities shall be provided, including hot and cold and/or warm running water, soap, and individual sanitary towels or approved hand drying devices. Hand-washing facilities shall be kept in a clean condition and in good repair.
9. Frozen Dessert Plant Cleanliness: All rooms in which frozen desserts are handled, processed, frozen or stored, shall be kept clean, neat and free of evidence of insects and rodents. Only equipment directly related to processing operations or to handling of containers, utensils and equipment shall be permitted in the pasteurizing, processing, cooling, freezing, packaging and bulk milk product storage rooms.
10. Sanitary Piping:
a. All sanitary piping, fittings and connections which are exposed to frozen desserts, or from which liquids may drip, drain or be drawn into frozen desserts, shall consist of smooth, impervious, corrosion-resistant, nontoxic, easily cleanable material. All piping shall be in good repair. Pasteurized frozen desserts shall be conducted from one piece of equipment to another only through sanitary piping.
b. All sanitary piping, connections and fittings shall consist of:
(1) Stainless steel of the AISI (American Iron and Steel Institute) 300 series; or
(2) Equally corrosion-resistant metal which is nontoxic and nonabsorbent; or
(3) Heat resistant glass; or
(4) Plastic, or rubber and rubber-like materials which are relatively inert, resistant to scratching, scoring, decomposition, crazing, chipping and distortion under normal use conditions; which are nontoxic, fat resistant, relatively nonabsorbent, relatively insoluble, do not release component chemicals or impart flavor or odor to the product; and which maintain their original properties under repeated use conditions, may be used for gaskets, sealing applications and for short flexible take down jumpers or connections where flexibility is required for essential or functional reasons.
11. Construction and Repair of Containers and Equipment:
a. All multi-use containers and equipment with which frozen desserts or their ingredients come into contact shall be smooth, impervious, corrosion-resistant, and of non-toxic material; shall be constructed for ease of cleaning; and shall be kept in good repair. All single-service containers, closures, gaskets, and other articles with which frozen desserts come in contact shall be nontoxic and shall have been manufactured, packaged, transported and handled in a sanitary manner.
b. All frozen dessert contact surfaces of multi-use containers and equipment shall consist of:
(1) Stainless steel of the AISI (American Iron and Steel Institute) 300 series; or
(2) Equally corrosion-resistant metal which is nontoxic and nonabsorbent; or
(3) Heat resistant glass; or
(4) Plastic or rubber and rubber-like materials which are relatively inert, resistant to scratching, scoring, decomposition, crazing, chipping and distortion under normal use conditions; which are nontoxic, fat resistant, relatively nonabsorbent, relatively insoluble, and do not release component chemicals or impart flavor or odor to the product; and which maintain their original properties under repeated use conditions.
NOTE: 3-A Sanitary Standards for dairy equipment are promulgated jointly by the Sanitary Standards Subcommittee of the Dairy Industry Committee, the Committee on Sanitary Procedure of the International Association for Food Protection, and the Milk Safety Branch, Center for Food Safety and Applied Nutrition, United States Public Health Service/Food and Drug Administration, Department of Health and Human Services.
12. Cleaning and Sanitizing of Containers and Equipment:
a. The product-contact surfaces of all multi-use containers, utensils and equipment used in the transportation, processing, handling, freezing and storage of frozen desserts shall be effectively cleaned after each use, at least daily, and shall be sanitized before each use. Provided, that piping, equipment and containers used to process, conduct or package aseptically processed mix beyond the final heat treatment process shall be sterilized before any aseptically processed mix is packaged and shall be re-sterilized whenever any unsterile product has contaminated it.
b. Storage tanks shall be cleaned when emptied and shall be emptied at least every seventy-two hours, except that permission may be granted by the Department for storage of pasteurized mix longer than seventy-two hours, provided necessary plant quality controls are in place. Storage tanks which are used to store raw milk, mix or heat treated milk products longer than twenty-four hours shall be equipped with a seven-day temperature recording device.
c. A temperature recording device, complying with the specifications in Appendix H, FDA Grade A PMO as amended, or a recording device which has been reviewed by FDA and found to provide sufficient information to adequately evaluate the cleaning and sanitizing regimen and which is approved by the Department shall be installed in the return solution or other appropriate areas to record the temperature and time which the line or equipment is exposed to cleaning and sanitizing solutions.
d. Recording charts shall be identified, dated and retained for three months. The Department shall review the recording charts during each inspection.
13. Storage of Cleaned Containers and Equipment: After cleaning, all multi-use frozen dessert containers, utensils and equipment shall be transported and stored to assure complete drainage and shall be protected from contamination before use.
14. Storage and Handling of Single-Service Containers, Utensils and Materials: Covers, caps, parchment papers, wrappers, can liners, and single-service sticks, spoons and containers for frozen desserts or their ingredients shall be purchased and stored only in sanitary containers; wrappings or cartons shall be kept therein in a clean, dry place until used, and shall be handled in a sanitary manner.
15. Protection from Contamination
a. Frozen dessert plant operations, equipment and facilities shall be located and conducted to prevent any contamination of frozen dessert products, ingredients, equipment, containers and utensils. All frozen desserts or ingredients which have been spilled, overflowed or leaked shall be discarded. The processing or handling of products other than mix or frozen desserts in the plant shall be performed to preclude the contamination of such frozen desserts. The storage, handling and use of poisonous or toxic materials shall be performed to preclude the contamination of frozen desserts or ingredients of such frozen desserts or the product-contact surfaces of all equipment, containers or utensils.
b. Frozen desserts in broken and open containers may after delivery be returned to the plant for inspection but shall not be used for making frozen desserts.
c. Whenever air under pressure is used for the agitation or movement of frozen desserts or other ingredients, or is directed at frozen dessert contact surfaces or other ingredients, it is free of oil, dust, rust, excessive moisture, extraneous materials and odor, and shall otherwise comply with the applicable standards of Appendix H, FDA Grade A PMO as amended. The use of steam containing toxic substances is expressly prohibited. Whenever steam is used in contact with frozen desserts, it shall be of culinary quality and shall comply with the applicable standards of Appendix H, FDA Grade A PMO as amended.
16. Pasteurization-Aseptic Processing:
a. All mix shall be pasteurized or aseptically processed as described in Section I of this Regulation.
b. To insure that pasteurization temperature and time will be applied to every particle of mix, the system design, public health controls and testing shall comply with Section 7. Item 16p of the FDA Grade A PMO as amended.
17. Cooling:
a. All milk and fluid milk products received at frozen dessert plants for use in frozen desserts shall be cooled immediately in approved equipment to 45°F or less and maintained at that temperature until pasteurized. All pasteurized mix shall be cooled immediately in approved equipment to 45°F or less and maintained at that temperature until frozen.
b. All mix which is not frozen at the plant at which it was pasteurized shall be transported to the place of manufacturing or freezing in a sanitary manner and maintained at a temperature of 45°F or less until processed. Every room or tank in which milk products or mix are stored shall be equipped with an accurate thermometer, which shall comply with the specifications of Appendix H, FDA Grade A PMO as amended.
c. Recirculated cooling agents (water or glycol) which are used in coolers and exchangers, including those systems in which a freezing point depressant is used, is from a safe source and protected from contamination. Such cooling agents shall be tested semiannually and shall comply with the bacteriological standards of Appendix G, FDA Grade A PMO as amended. Samples shall be taken by the Department and examination shall be conducted in an official laboratory. Recirculated water systems which become contaminated through repair work or otherwise shall be properly treated and tested before being returned to use. Freezing point depressants, and other chemical additives, when used in recirculating systems, shall be nontoxic under conditions of use.
18. Packaging:
a. Packaging, cutting, molding, dipping, and other preparation of frozen desserts or their ingredients shall be done in a sanitary manner using approved equipment.
b. Filling equipment for frozen desserts shall have drip defectors on the filler valve to prevent condensate from entering the product or container. Shielding shall be provided over conveyors for cartons, lids, caps and filled containers until they are closed to prevent water condensate or other contamination from entering the product.
c. The product contact surface of the container, including the pouring lip for mix containers, shall be covered by the closure/lid.
d. Hand capping/packaging is not an acceptable practice. Hand capping/packaging may be approved only if suitable mechanical equipment for the capping/packaging of specific containers is not available or is not practical for use. If hand capping is approved, a Department approved procedure will be established which will eliminate all possibility of contamination.
19. Ingredients
a. All raw milk and milk products used in the manufacture of frozen desserts shall be from a Grade A domestic source as defined in the FDA Grade A Pasteurized Milk Ordinance as amended or from other supplies acceptable to the Department. All mix and frozen dessert ingredients shall be clean, have a fresh wholesome flavor and odor and a normal appearance, be of satisfactory quality and shall be processed in an approved, sanitary manner.
b. The only ingredients which may be added after pasteurization are those flavoring and coloring ingredients which are:
(1) Subjected to prior heat treatment sufficient to destroy pathogenic microorganisms.
(2) Of 0.85% water activity or less,
(3) Of pH less than 4.7,
(4) Roasted nuts (added at the freezer),
(5) Contain high alcohol content,
(6) Bacterial cultures,
(7) Fruits and vegetables added at the freezer, or
(8) Subjected to any other process which will assure that the ingredient is free of pathogenic organisms.
20. Personnel - Cleanliness: Hands shall be thoroughly washed before commencing plant functions and as often as may be required to remove soil and contamination. Employees shall not resume work after visiting the toilet room without thoroughly washing their hands. All persons while engaged in the processing, pasteurization, freezing, handling, storage or transportation of mix or frozen desserts, containers, equipment and utensils shall wear clean outer garments. All persons while engaged in the processing of mix and frozen desserts shall wear adequate hair covering and shall not use tobacco.
21. Vehicles: All vehicles used for the transportation of frozen desserts or their ingredients shall be so constructed and operated as to protect their contents from the sun and from contamination. Such vehicles shall be kept clean and no substance capable of contaminating mix or frozen desserts or their ingredients shall be transported therewith in such manner as to permit contamination. The name of the distributor shall be prominently displayed on the vehicles.
22. Surroundings:
a. Frozen dessert plants shall be kept neat, clean and free from conditions which might attract or harbor flies, other insects and rodents, or otherwise constitute a nuisance.
b. Only insecticides and rodenticides approved for use by the Department and/or registered with the U.S. Environmental Protection Agency shall be used for insect and rodent control.
Section VIII. FROZEN DESSERTS FROM POINTS BEYOND THE LIMITS OF ROUTINE INSPECTION
Frozen desserts from points beyond the limits of routine inspection by the Department may be sold in South Carolina if they are manufactured under provisions substantially equivalent to the requirements of this Regulation; provided, that the Department shall be satisfied that the agency having jurisdiction over the manufacture of these products is properly enforcing such provisions.
Section IX. PLANS FOR CONSTRUCTION AND RECONSTRUCTION
Properly prepared plans for all frozen dessert plants regulated under this Regulation which are hereafter constructed, reconstructed or extensively altered shall be submitted to the Department for written approval before work is begun.
Section X. PERSONNEL HEALTH
No person affected with any disease capable of being transmitted to others through the contamination of food shall work at any frozen desserts plant in any capacity which brings them into direct contact with finished products, such as pasteurized or aseptically processed mix or frozen desserts, or which brings them into direct contact with associated pasteurized or aseptically processed mix and frozen dessert product-contact surfaces.
Section XI. PROCEDURE WHEN INFECTION OR HIGH RISK INFECTION IS SUSPECTED
When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of frozen desserts, or their ingredients, the Department is authorized to require any or all of the following measures:
A. The immediate exclusion of that person from handling frozen desserts, or their ingredients;
B. The immediate exclusion of the frozen desserts concerned from distribution and use;
C. Adequate medical and bacteriological examination of the person, of his associates, and of his and their body discharges.
Section XII. RECALLS
Each frozen desserts manufacturer should develop and maintain procedures for the notification of regulatory officials, consumer notification, and product recall, and shall implement any said procedure as necessary with respect to any product for which the operator or the Department knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer. If the Department determines, based upon representative samples, risk analysis, information provided by the frozen desserts manufacturer, and other information available to the Department, that the circumstances present an imminent hazard to the public health and that a form of consumer notice or product recall can effectively avoid or significantly minimize the threat to public health, the Department may order the frozen desserts manufacturer to initiate a level of product recall or, if appropriate, issue a form of notification to customers. The frozen desserts manufacturer shall be responsible for disseminating the notice in a manner designed to inform customers who may be affected by the problem.
Section XIII. PENALTIES
Violations of this regulation shall be punishable in accordance with S.C. Code Ann. Section 44-1-150 (1976 as amended). Each day of continued violation shall be a separate offense.
Section XIV. REPEAL AND DATE OF EFFECT
All previous amendments of this regulation are hereby repealed; this regulation shall be in full force and effect immediately upon adoption and its publication, as provided by law.
Section XV. SEVERABILITY CLAUSE
Should any section, paragraph, sentence, clause or phrase of this Regulation be declared unconstitutional or invalid for any reason, the remainder of said regulations shall not be affected thereby.
The citizens of South Carolina and our visitors expect and are entitled to wholesome, sanitary and safe food, no matter whether it is purchased in a grocery store or prepared and purchased in a restaurant or similar facility. To this end, the Department of Health and Environmental Control has established and maintained a conscientious program of permitting, inspecting and evaluating all types of retail facilities that provide food. This direct service program is conducted primarily by public health professionals working in county health departments. Funding for the program comes from state appropriations and fees authorized by this regulation.
Section II. DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this Regulation.
The following definitions shall apply in the interpretation and enforcement of this Regulation.
A. DEPARTMENT - the South Carolina Department of Health and Environmental Control.
B. PERMIT - the license to operate a retail food establishment issued by the Department pursuant to Regulation 61-25, Retail Food Establishments.
C. RETAIL FOOD ESTABLISHMENT - as defined in R.61-25, Retail Food Establishments.
D. FOOD - any raw, cooked or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
Section III. FEES, EXEMPTIONS, AND PENALTIES
A. INITIAL INSPECTION FEE
The Department shall charge annual inspection fees for retail food establishments. Retail food establishments obtaining a permit for the first time shall be charged an initial inspection fee of $60.00. The fee shall be paid prior to the issuance of the permit.
B. RENEWAL INSPECTION FEE
After the first year, renewal inspection fees shall be based on gross sales of food and food products for the facility's previous business year. The renewal fee shall be $60 for the first $250,000 of sales, and shall be increased by $30 for each additional $250,000, or portion thereof, in sales. The maximum fee shall be $270.00. Owners of retail food establishments shall furnish previous business year sales information on request of the Department; this information shall be exempt from disclosure pursuant to the South Carolina Freedom of Information Act, S.C. Code Section 30-4-40(a)(2).
C. RENEWAL FEE PAYMENT AND PENALTIES
Annually, retail food establishments shall be notified that their renewal fee is due. Each retail food establishment shall determine and pay the amount of renewal fee that is appropriate for its retail sales of food. Payment shall be due thirty (30) days from the billing date. A penalty charge of $25.00 shall be assessed for fees that are thirty (30) days past due. A second penalty charge of $25.00 shall be assessed for fees that are sixty (60) days past due.
D. FACILITIES EXEMPT FROM FEES
The following retail food establishments shall be exempt from initial and renewal fees:
1. Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or that are operated by a child care facility.
2. Retail food establishments operated by health care facilities that are regulated by the Department.
3. Retail food establishments that are operated by other state agencies or local governments that provide food for patients, clients or inmates.
4. Retail food establishments that are operated by non-profit organizations for the purpose of providing meals or food to needy persons at little or no cost; or for the purpose of raising money for a charitable cause.
A retail food establishment claiming exemption from fee charges shall certify annually to the Department that it meets one or more of the above criteria, and upon request, provide documentation supporting any such certification.
Section IV. COMPLIANCE PROCEDURES
A. PERMIT SUSPENSION
Retail food establishments that have not paid their renewal fee and late payment penalties after ninety (90) days from their original billing date shall have their permit suspended upon service of notice of suspension. The Department may reinstate a permit suspended for failure to pay renewal fees upon payment of the fees, penalties and a $25.00 reinstatement fee. Suspension of a permit for failure to pay the required annual fee, plus applicable late charges, shall not constitute a contested case and shall not create a right to a hearing pursuant to the South Carolina Administrative Procedures Act.
B. SERVICE OF NOTICE
A notice provided for in this regulation is properly served when it is delivered to the permit holder, or an employee; or when it is sent by mail to the address of the permit holder; or when it is delivered to an employee designated to be or actually in charge of the retail food establishment.
C. ENFORCEMENT PROVISIONS
This regulation is issued under the authority of Section 44-4-140, 1976 Code of Laws of South Carolina and subsequent legislation, and shall be enforced by the Department.
Section V. OTHER
A. DESIGNATION OF USE
Funds derived from these fees shall be used only for the provision of services and accompanying expenses associated with Environmental Health programs.
B. UNCONSTITUTIONALITY CLAUSE
Should any chapter, paragraph, sentence, clause, or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of this regulation shall not be affected thereby.
61-38. Fairs, Camp Meetings, and Other Gatherings.
Section 1. Adequate and sufficient toilet facilities shall be provided, and maintained in a sanitary condition, at all fair grounds, camp meeting grounds, and similar public gathering places, and shall meet the requirements of rules and regulations governing such facilities.
Section 2. In no case where water supply is available will any other than flush toilets be allowed. Where necessary to construct other forms of toilets such forms shall receive the written approval of the State Board of Health or its agencies.
Section 3. Water furnished for drinking purposes shall be of the standard required for drinking water supplies through the State.
Section 4. Food stuff offered for sale within the limits of the fair grounds or encampment shall be properly protected from possible contamination by dust and flies, and shall meet the requirements of rules and regulations for food and food handling.
A. Bathhouse--a permanent structure containing water closets, hand lavatories, showers, and other similar fixtures.
B. Camp--land and facilities of camp character intended to provide a temporary outdoor living experience for individuals or groups. For the purpose of this regulation, "camp" shall refer to Family Campground and Resident Camp.
C. Campsite--an individual space within a camp intended for the temporary placement of a recreational vehicle, tent or other similar camping shelter, and generally being provided with approved drinking water, toilet facilities and electrical service. Campsites are generally accessible to vehicles, and may be provided with sewer connections.
D. Department--the South Carolina Department of Health and Environmental Control and its authorized representatives.
E. Family Campground--an organized camp in which campsites are provided for use by the general public or certain groups.
F. Permit--a written document issued by the Department authorizing a person to operate a camp pursuant to this regulation.
G. Person--any individual, firm, company, corporation, association, governmental entity, or similar organization.
H. Primitive Campground--land provided for temporary use by persons seeking a very basic or primitive outdoor experience, without amenities typically found in organized camps. Individual sites in primitive campgrounds are not provided with water under pressure nor electrical service.
I. Recreational Vehicle--a mobile vehicle used as a camping shelter.
J. Resident Camp--an organized camp in which one or more permanent buildings are provided as sleeping quarters. Resident Camps are typically operated for educational, recreational, religious, or health purposes.
K. Sewage--liquid and solid human body wastes and the liquids generated by water-using fixtures and appliances from any residence, place of business, or place of public assembly. For the purpose of this regulation, sewage shall not be construed to include industrial process wastewater.
Section II. Permitting Procedures
A. No person may operate a Family Campground or Resident Camp without a permit issued pursuant to this regulation. Camps constructed after the effective date of this regulation shall comply in full with the provisions applicable to the specific type of camp.
1. A permit is not required for primitive campgrounds. Primitive campgrounds must, however, comply with all other applicable regulations.
2. A permit is not required for developments where specific lots or sites are sold, rented, leased or otherwise granted to individuals for their exclusive, long-term use. Examples of such developments include private hunt camps, private fish camps, membership camps, etc. Such developments must, however, comply with all other applicable regulations.
B. Any person desiring to construct a new camp, or enlarge or significantly modify an existing camp, must first make written application for a permit on forms provided by the Department.
1. Each application must be accompanied by a complete plan of the proposed camp and/or modifications, drawn to scale and showing all pertinent features such as buildings, campsites, bathhouses, wells, water lines, sewer systems, onsite sewage treatment and disposal systems, sanitary dump stations, swimming areas, roads, utilities, etc.
2. After a plan for a new or an existing camp is determined by the Department to be acceptable, no changes in the plan may be implemented unless prior authorization is granted by the Department.
C. Persons applying for a permit to operate a camp must secure all other required approvals or permits in conjunction with the proposed camp. Such approvals or permits are typically associated with public sewer systems, public water systems, onsite sewage disposal systems, food service facilities, public swimming areas, local building and zoning compliances, etc.
D. Prior to final approval of an application for a permit to operate a camp, the Department shall inspect the camp to determine compliance with this regulation. If the inspection reveals that the camp is in compliance with this regulation, the Department shall issue a permit to operate the camp. Permits are not transferable.
E. The Department may conduct subsequent inspections of camps at reasonable times to determine compliance with the requirements of this regulation.
Section III. General
A. Camps shall be well drained to prevent flooding or ponding of surface water.
B. No permanent structure intended for occupancy within a camp shall be provided with water under pressure unless the structure is also provided with approved sewage disposal facilities.
C. All permanent structures used as sleeping quarters shall be kept clean and in good repair.
D. Linen, if provided by the camp, shall be changed at least once per week and with every new occupant. Mattress covers shall be cleaned as needed.
E. Food service facilities shall be constructed, maintained and operated in accordance with regulations established by the Department.
F. All swimming pools, natural swimming areas and other similar facilities operated in conjunction with camps shall comply with applicable laws and regulations.
G. Refuse shall be stored, collected, and disposed of in such manner as to not create a nuisance nor attract insects, rodents or other vectors.
H. Buildings shall be maintained in such manner as to prevent insect or rodent infestation.
I. Camps shall be maintained in such manner as to not create a safety hazard.
J. All electrical systems shall be installed in accordance with applicable codes and shall be maintained to prevent electrical hazards.
Section IV. Water Supply
Family Campgrounds and Resident Camps shall be provided with safe public drinking water systems. Such systems shall be sized, installed and maintained in accordance with applicable laws, regulations, ordinances and codes, and shall be protected from contamination.
Section V. Sewage Disposal
A. Sewage shall discharge into an approved public collection, treatment and disposal system, if available. Where the use of onsite wastewater treatment and disposal systems is necessary, the systems shall be installed and operated in accordance with applicable regulations and standards of the Department.
B. Each campsite which serves recreational vehicles having self-contained toilet and/or bathing facilities must be provided either with an individual sewer riser, or with an approved sanitary dump station at a convenient location within the camp.
1. For those sites where sewer risers are provided, the risers must be part of an approved sewage collection system and be equipped with removable, tight-fitting covers.
2. If sewer risers are not provided, sanitary dump stations are required at the ratio of one dump station for each one hundred (100) sites or fraction thereof.
a. A dump station shall consist of one or more trapped four-inch sewer risers surrounded by a concrete apron having a diameter of at least two (2) feet, and sloped to the drain. Risers must be equipped with removable, tight-fitting covers.
b. Each dump station shall be equipped with an adequate water outlet for the washdown of the immediate area. The outlet shall be protected from back siphonage by a vacuum breaker installed at its highest point, or by other approved means.
c. A sign shall be placed near the water outlet indicating: THIS WATER FOR CLEANING PURPOSES ONLY.
Section VI. Toilet and Bathing Facilities
A. All Family Campgrounds and Resident Camps shall be provided with adequate toilet and bathing facilities.
B. In Family Campgrounds, toilet and bathing facilities shall be provided in approved bathhouses, except in camps where each campsite is furnished with an individual sewer riser, and each site is designated for use only by camping units equipped with self-contained toilet and bathing facilities.
1. Where bathhouses are required, no campsite shall be located more than five hundred (500) feet from an approved bathhouse.
2. The ratio of water closets, urinals, lavatories and showers in bathhouses shall be in compliance with applicable building and plumbing codes. In the absence of such codes, these fixtures shall be provided in the following ratios:
Number of Water Closets Urinals Lavatories Showers
Campsites Men Women Men Men Women Men Women
1-25 1 2 1 1 1 1 1
26-50 2 3 1 2 2 1 1
51-75 3 4 2 3 3 2 2
76-100 4 5 2 4 4 3 3
3. There shall be one (1) additional toilet and lavatory per sex for each additional 25 sites and one (1) additional shower per sex for each additional 40 sites.
C. Toilet and bathing facilities in Resident Camps shall be provided in buildings which also serve as sleeping quarters, or in approved bathhouses located no more than five hundred (500) feet from sleeping quarters. The ratio of water closets, urinals, lavatories and bathing facilities shall conform to applicable building and plumbing codes. In the absence of such codes, these fixtures shall be provided in the following ratios:
Water Closets Urinals Bathing
Men Women Men Lavatories Facilities
One for One for One for One for One for
each 15 each 12 each 25 each 15 each 15
persons persons males persons persons
up to 60-
the one for
each 20
D. Bathhouses and other toilet and bathing facilities shall be constructed of durable materials and shall be kept in good repair.
1. Floors, walls and ceilings shall be constructed of durable, easily cleanable materials and shall be kept clean and in good repair.
2. Adequate ventilation shall be provided to control odors and help prevent accumulations of condensation.
3. Adequate interior lighting shall be provided to facilitate cleaning operations.
4. Toilet tissue shall be provided at each toilet.
5. All showers and other bathing facilities shall be supplied with hot and cold water under pressure.
6. Hand lavatories, excluding those associated with food service operations, may be provided with cold water only.
Section VII. Supervision
A. The person to whom a permit to operate a camp is issued shall provide adequate supervision to maintain the camp in compliance with this regulation. If the permit holder resides outside the boundaries of the State of South Carolina, he shall assign a person who resides in or near the camp to supervise and assume responsibility for compliance with this regulation. The assignment shall be made in writing to the Department prior to the issuance of a permit or immediately upon appointing or changing the supervisor.
B. The permit holder shall provide the Department with the supervisor's acknowledgement and acceptance of the assignment. The supervisor shall certify in this acknowledgement and acceptance that he or she (1) has read and understands this regulation, (2) accepts responsibility for compliance with this regulation, and (3) agrees to be subject to sanctions that may be imposed as a consequence of any violations of this regulation for so long as he or she remains supervisor. Notwithstanding this acknowledgement and acceptance by the supervisor, however, the permit holder shall continue to be personally responsible for compliance with this regulation, and shall also be subject to sanctions as a consequence of any violations of this regulation in the operation and maintenance of the camp under the supervisor.
Section VIII. Suspension/Revocation of Permit
A. A permit shall be subject to suspension and revocation and to penalties, as provided in Section IX., for violation of this regulation. In determining whether a license should be suspended or revoked, the Department may consider such factors as the seriousness of a violation and whether a violation is a repeat of previous violations, among any other relevant factors. The interference by a permit holder or his employees with a representative of the Department in performing his duties with respect to this regulation shall constitute grounds for revocation of permit.
B. Any person whose permit is revoked shall not be eligible to apply for repermitting within one year from the date of revocation. Any person whose permit has been previously revoked and who obtains a subsequent permit and violates the provisions of this regulation, resulting in the revocation of a permit for the second time, shall not be granted another permit.
C. Prior to suspension or revocation, the Department shall provide written notification to the permittee, stating the basis for suspension or revocation, and advise the permittee of his or her rights of appeal according to law.
D. A permit may be summarily suspended by the Department pending a hearing, as herein provided, if the camp is operated in such a manner as to pose an immediate threat to public health. In the case of a summary suspension, the permittee shall be given a hearing as soon as possible after the Department receives a written request for a hearing.
Section IX. Penalties
Violations of this regulation shall be punishable in accordance with Sections 44-1-150, 48-1-320, and 48-1-330, of the 1976 Code of Laws of South Carolina, as amended.
Section X. Severability Clause
Should any section, paragraph, sentence, clause, or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of said regulation shall not be affected thereby.
The following definitions shall apply in the interpretation and enforcement of this regulation:
A. APPLICABLE CODE means city, county, state or national code or standard, whichever is more stringent.
B. APPROVED means acceptable to the South Carolina Department of Health and Environmental Control.
C. FAMILY PROPERTY MOBILE/MANUFACTURED HOME INSTALLATION means mobile homes occupied by family members on property owned by a member of the same family and not offered for rent or lease to the public. Such installations are exempt from this regulation.
D. HEALTH AUTHORITY means authorized representative of the South Carolina Department of Health and Environmental Control.
E. MOBILE/MANUFACTURED HOME means a factory assembled structure equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling. This definition shall include any structural addition to a mobile/manufactured home.
F. MOBILE/MANUFACTURED HOME SITE means a parcel of land (space) within a mobile/manufactured home park for the placement of a mobile/manufactured home and its accessory buildings and structures and containing approved sewer and water connections.
G. MOBILE/MANUFACTURED HOME PARK means a parcel of land containing five (5) or more mobile/manufactured home sites which are available for rent or lease.
H. PERMIT means a written permit issued to a person who owns the mobile/manufactured home park by the Health Authority authorizing the mobile/manufactured home park to operate under this regulation.
I. PERSON means any individual, firm, partnership, corporation, company, association or other entity.
J. SEWER CONNECTION means all pipes, fittings and appurtenances from the drain outlet of the mobile/manufactured home to the inlet of the corresponding sewer riser.
K. SEWER RISER PIPE means that portion of the sewer lateral which extends vertically to or above the ground elevation and terminates at each mobile/manufactured home site. It contains a suitable connector which can be capped when not in use.
Section II. LOCATION, SPACE AND GENERAL LAYOUT
A. Location--Mobile/manufactured home parks shall be located on well-drained sites to prevent flooding or ponding of surface water.
B. Size--Each mobile/manufactured home site shall contain a minimum of four thousand (4,000) square feet and be at least forty (40) feet wide.
C. Space Requirements--In addition to the space required in Section II.B., each mobile/manufactured home site shall be large enough to meet the following minimum requirements:
1. Each site must contain sufficient space to allow for a minimum of fifteen (15) feet of clearance between mobile/manufactured homes or mobile/manufactured homes and other structures, excluding small unattached utility or storage buildings.
2. Mobile/manufactured homes utilizing an individual on-site sewage treatment and disposal system shall be placed on sites of sufficient size to accommodate the installation of the system as required by Regulation 61-56 and related standards. Mobile/manufactured home site lines shall be considered as property lines.
D. Mobile/manufactured home parks developed prior to the effective date of this regulation shall be allowed to operate with the minimum spacing requirements effective at the time of their development. Mobile/manufactured home sites added after the effective date of this regulation shall comply with the spacing requirements set forth herein.
Section III. WATER SUPPLY
A safe and potable supply of water shall be provided from a source and system approved by the Health Authority. The water supply shall be connected to all mobile/manufactured home sites by an approved method.
Section IV. PLUMBING AND SEWAGE DISPOSAL
A. Plumbing
1. All plumbing shall be installed in accordance with applicable codes.
2. Sewer connections shall be watertight.
3. Sewer risers shall be of proper diameter to accept the mobile/manufactured home's sewer connector.
4. Sewer risers shall be capped when not in use.
B. Sewage Disposal
1. The method of collection, treatment and disposal of sewage shall be determined by the Health Authority. An approved central collection, treatment and disposal system shall be utilized, if available.
2. When the use of individual on-site sewage treatment and disposal systems is authorized, they shall be installed in accordance with Regulation 61-56 and related standards.
3. All sewage systems shall be constructed in accordance with approved plans.
Section V. REFUSE STORAGE, COLLECTION AND DISPOSAL, AND VECTOR CONTROL
Refuse shall be stored, collected and disposed of in such a manner as not to create a nuisance, vector attractant, breeding or harborage problem.
Section VI. ELECTRICITY
A. All electrical supply lines and connections in mobile/manufactured home parks shall comply with applicable codes.
B. If, in the opinion of the Health Authority, an electrical hazard exists, the owner or operator of the mobile/manufactured home park shall make necessary corrections immediately.
Section VII. FUEL STORAGE TANKS OR CYLINDERS
A. Fuel oil storage tanks shall be securely fastened in place.
B. Support structures for fuel oil storage tanks shall be constructed of rigid material and be maintained in a safe condition.
Section VIII. SUPERVISION
The person to whom a permit for a mobile/manufactured home park is issued, shall at all times operate the park in compliance with this regulation and shall provide adequate supervision to maintain the park and its facilities and equipment in safe repair and in a clean and sanitary condition. If the permit holder resides outside the boundaries of the state of South Carolina, he shall assign a person who resides in the county where the park is located to supervise and assume responsibility for compliance with this regulation. The assignment shall be made in writing to the Health Authority prior to the issuance of a permit and immediately upon change of supervisor.
Section IX. COMPLIANCE PROCEDURES
A. Permits--It shall be unlawful for any person to operate a mobile/manufactured home park within the State of South Carolina without a valid permit issued by the Health Authority in the name of such person, firm, trust, partnership, public or private association, corporation or any other individual, group or organization for the specific mobile/manufactured home park.
B. Issuance of Permit
1. Any person desiring to operate a mobile/manufactured home park shall make written application for a permit on forms provided by the Health Authority.
2. Complete exhibits for the purpose of obtaining a permit to operate a mobile/manufactured home park shall include, but not be limited to the following:
(a.) A complete plan of the property showing:
(1) The area and dimensions of the mobile/manufactured home park.
(2) The number, dimensions and location of all mobile/manufactured home sites.
(3) The location of all roads, streets and parking areas in the park.
(4) The location and identification of service buildings and other proposed or existing structures.
(5) The locations of individual sewage systems, if used as the method of sewage disposal.
(b.) Approval to use a public water supply shall be obtained prior to the issuance of a permit to operate the mobile/manufactured home park.
(c.) Evidence of compliance with all local building and zoning regulations, where applicable.
(d.) A written statement assigning a person responsible for supervision of the mobile/manufactured home park (Section VIII.--SUPERVISION), should the owner reside outside the county in which the mobile/manufactured home park is located.
3. Prior to approval of an application for a permit, the Health Authority shall inspect the mobile/manufactured home park to determine compliance with the requirements of this regulation.
4. If the inspection reveals that the mobile/manufactured home park complies with all requirements of this regulation, the Health Authority shall issue a permit stating the number of approved mobile/manufactured home sites. Permits are not transferable.
5. Changes in the size of a park (number of mobile/manufactured home sites) or to the sewage treatment and water supply systems shall not be made without prior approval of the Health Authority. Upon approval of the changes, a new permit shall be required. Plans and specifications may also be required.
C. Permit Application Denial--Any person whose application for a permit under this regulation has been denied, may request and shall be granted a hearing on the matter in accordance with the South Carolina Administrative Procedures Act, Sections 1-23-310 et seq., 1976 Code of Laws of South Carolina, as amended.
D. Revocation of Permit
1. The permit may be revoked by the Health Authority for failure to correct deficiencies within reasonable time limits established by the Health Authority.
2. Prior to revocation, the Health Authority shall notify the permit holder or his authorized representative, in writing, of the specific reasons for which the permit is to be revoked. The permit shall be revoked fifteen (15) days following receipt of such notice by the permit holder, unless he or his authorized representative files a written request for a hearing with the Health Authority within fifteen (15) days of receipt of notification of revocation.
3. Notwithstanding any other provisions of this regulation, the permit shall be revoked if the Health Authority is threatened with bodily harm or physical interference in the performance of inspection duties by the permit holder or his authorized representative (supervisor).
4. When a permit has been revoked, the holder of the revoked permit may make a written application for a new permit.
5. Any revocation of a permit provided for in this chapter shall be conducted in accordance with the South Carolina Administrative Procedures Act, where applicable.
E. All notices provided for in this regulation are properly served when delivered to the permit holder, his authorized representative, person responsible for supervision or, when it is sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of the inspection report shall serve as official notice for compliance purposes.
F. Hearings--The hearings provided for in this regulation shall be conducted in accordance with the South Carolina Administrative Procedures Act and other applicable laws and regulations.
G. Inspection Frequency--An inspection of a mobile/manufactured home park shall be performed as often as the Health Authority deems necessary for the enforcement of this regulation.
H. Access--Representatives of the Health Authority, after proper identification, shall be permitted to enter any mobile/manufactured home park at any reasonable time for the purpose of making inspections to determine compliance with this regulation.
I. Report of Inspections--Upon completion of the inspection, a copy of the inspection report stating violations found and compliance dates shall be furnished to the permit holder or his authorized representative.
J. Permit Fees
1. If a fee system is hereinafter established by the Department of Health and Environmental Control, proof of payment of the fee shall accompany the initial application and shall thereafter be furnished to the Health Authority within thirty (30) days following each anniversary date. New permits shall not be issued and existing permits shall be revoked if proof of payment is not received within the time limits prescribed above, notwithstanding the sanitary conditions of the mobile/manufactured home park.
2. Upon receipt of an application for a permit to operate a mobile/manufactured home park, accompanied by payment of fee, if hereinafter established, the local Health Authority shall issue a permit, if the mobile/manufactured home park meets the requirements of this regulation.
K. Enforcement Provisions--This regulation is issued under the authority of Title 44 of the Code of Laws of South Carolina, 1976, as amended, and shall be enforced by the Health Authority.
L. Penalties--Violations of this regulation shall be punishable in accordance with Section 44-1-150, 1976 Code of Laws of South Carolina, as amended. Each day of continued violation shall be a separate offense.
M. Repeal Provisions--This regulation shall be in full force and effect upon adoption, and all other regulations in conflict with it are hereby repealed.
N. Unconstitutionality Clause--Should any chapter, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of said regulation shall not be affected thereby.
61-41. Repealed by State Register Volume 29, Issue No. 5, eff May 27, 2005.
The purpose of this regulation is to ensure that every school facility in South Carolina is operated in such a manner so as to prevent health hazards to the pupils, faculty and patrons of the school, and to provide basic criteria by which existing or new facilities may be evaluated. Each section sets forth minimum requirements, but is not intended to be the exclusive basis for determining whether schools are being operated in a sanitary and healthful manner. This regulation shall apply to all elementary and secondary schools, whether public, private, religious or secular. Existing schools, however, shall not be required to install additional toilet or custodial rooms and fixtures, ventilation equipment, or drinking fountains in order to comply with this regulation.
Section II. DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this regulation:
A. APPROVED means approval by the South Carolina Department of Health and Environmental Control.
B. CLASSROOM means all rooms in which classes are routinely held for instructional purposes or studying.
C. HEALTH AUTHORITY means authorized representative of the South Carolina Department of Health and Environmental Control.
D. EXISTING SCHOOL means any facility which has been operated as a school for any part of the year prior to the adoption of this regulation, or a facility approved for construction prior to the adoption of this regulation.
E. GANG TOILET means a school toilet room equipped with multiple plumbing fixtures.
F. NEW SCHOOL means any newly constructed school building or any portion of an existing school which is to undergo major structural changes, such as the addition of classrooms, toilets, lavatories, showers, custodial rooms and drinking fountains after the effective date of this regulation.
G. PERSON means any individual, firm, partnership, corporation, company, board of trustees or other entity.
H. PRIVATE or INDEPENDENT SCHOOL means a school established by an entity other than the state or its subdivisions, supported primarily through tuition and/or private contributions, gifts, donations, etc., and the operation of its programs rests with administrators and officials not publicly elected or appointed by elected officials.
I. PUBLIC SCHOOL means a school supported by public funds and operated by publicly elected or appointed school officials where the programs and activities are under the control of these officials.
J. RELOCATABLE CLASSROOM UNIT means any unit used as a classroom, portable in design, whether or not wheels and axles are attached.
K. SCHOOL means:
1. Elementary School-combination of grades kindergarten through eight.
2. Middle School-combination of grades five through eight.
3. Junior High School-combination of grades seven-eight, seven-nine, or eight-nine.
4. Senior High School-combination of grades seven-twelve, eight-twelve, nine-twelve, ten-twelve, or eleven-twelve.
5. Any combination of Items 1. through 4. above.
L. SCHOOL BUILDING means any structure or enclosure operated and maintained for the benefit or use of the pupils, faculty, and patrons of the school.
M. SCHOOLGROUND means that portion or portions of land which contain all the real school property or that portion thereof being used for school activities or functions.
N. SHALL means the item or condition discussed is mandatory.
O. SHOULD or MAY means the item or condition discussed is preferred but not mandatory.
Section III. PLANS AND SPECIFICATIONS
Pursuant to Regulations of the State Department of Education, plans and specifications for public school buildings submitted to and approved by the State Superintendent of Education or his agent are exempt from plan approval by the Health Authority. Private and independent schools shall comply with the following:
A. No private or independent school board of trustees (or any other responsible group should this term not apply) shall build a new school building, secure any existing building for school purposes, or enter into contract to construct new or remodel an existing school until complete plans and specifications for all structural, equipment and facilities, as outlined in this regulation, have received written approval by the S.C. Department of Health and Environmental Control. Thereafter, such plans must be substantially adhered to unless proposed changes receive written approval by the South Carolina Department of Health and Environmental Control.
B. All plans and specifications shall be prepared by a professional architect or engineer licensed to practice in the State of South Carolina.
C. Plumbing, mechanical and electrical portions of all plans and specifications referred to in Paragraphs A. and B. of Section III. shall bear the seal and signature of a professional engineer registered in the State of South Carolina.
Section IV. WATER SUPPLY
A. System
1. A safe and potable supply of water shall be provided from a source and system approved by the Health Authority.
2. All water supply plumbing inside a school building shall be sized, installed and maintained in accordance with applicable state and local plumbing laws, ordinances and regulations, or the Standard Plumbing Code, whichever is more stringent.
3. The water supply shall be protected from contamination throughout the system.
4. If hot water is provided for handwashing facilities other than in food service areas, it shall not exceed 110 degrees Fahrenheit.
Section V. SEWAGE DISPOSAL
A. School sewage shall discharge into an approved public collection, treatment and disposal system, where available. When the use of an individual on-site sewage treatment and disposal system is necessary, it shall be installed in accordance with Regulation 61-56 and related standards.
B. All sewer plumbing inside a school building shall be sized, installed and maintained in accordance with applicable state and local plumbing laws, ordinances and regulations, or the Standard Plumbing Code, whichever is more stringent.
Section VI. TOILET, SHOWER AND DRESSING ROOM FACILITIES
A. Location
1. At least one gang toilet room for each sex shall be provided on each floor level and in no case shall a gang toilet room be located at a distance greater than four hundred feet from a classroom or other activity room when individual classroom toilet facilities are not provided.
2. Individual classroom toilet facilities, including a minimum of one water closet and one lavatory shall be provided for kindergarten through grade two. Lavatories may be omitted from the toilet room if there is a handwashing sink within close proximity.
B. Construction
1. Floors, walls and ceilings shall be constructed of easily cleanable material.
2. Floors in gang toilets and showers shall be sloped to drain.
3. Doors may be omitted from gang toilet rooms, provided privacy can be maintained.
4. Carpeting is prohibited in toilet rooms and showers.
C. Plumbing and Ventilation
1. The ratio of toilet fixture units per pupil shall be determined by the total design enrollment, excluding individual classroom and gymnasium toilet room fixtures. Fixtures in gang toilets serving auditoriums or gymnasiums may be included in the fixture ratios if available to students and located within the maximum distance required.
2. Minimum fixture ratios shall be provided in gang toilets and showers as follows:
3. Toilets shall be of the flush-valve type. Toilet seats for grades three and above shall be of the open-front type, and toilet bowls shall be of elongated front design.
4. Each gang toilet room shall be provided with at least one hose bibb equipped with an approved vacuum breaker.
5. Toilet facilities in new schools shall be mechanically ventilated to the outside air.
6. Lavatories in new school gymnasiums and all showers in new or existing school gymnasiums shall be provided with hot and cold water under pressure. Hot water temperature shall not exceed 110 degrees Fahrenheit.
D. Sanitation
1. Dressing, toilet and shower rooms, and fixtures therein, shall be kept clean and in good repair.
2. Water under pressure shall be provided to all lavatories, water closets, urinals and showers.
3. Toilet tissue, soap, and approved towels shall be readily available or provided and dispensed in a sanitary manner. Electric hand dryers may be used in lieu of towels.
4. A watertight, nonabsorbent waste container shall be provided in each lavatory area where disposable towels are used.
Section VII. DRINKING FOUNTAINS
A. Based on design enrollment, drinking fountains shall be furnished at the ratio of 1:150 pupils.
B. Drinking fountains shall be kept clean and maintained in good working order.
C. Common drinking cups shall be prohibited.
Section VIII. FLOORS, WALLS AND CEILINGS
A.1. Floors not carpeted shall be smooth and easily cleanable.
2. Walls shall be constructed of easily cleanable material.
B. Sanitation
1. All floors, walls and ceilings shall be kept clean and in good repair.
2. Carpeting, where used, shall be kept in good condition and firmly attached to the floor.
3. Broken window panes shall be replaced.
Section IX. LIGHTING
A. Artificial Lighting Fixtures
1. All rooms, halls, corridors, or any other area not receiving sufficient natural light to meet illumination recommendations set forth in the chart in Item 2. below shall be equipped with artificial light.
2. The illumination levels shown in the chart below are recommended minimum initial design levels.
B. Sanitation--Lighting fixtures shall be kept clean and in good repair.
Section X. KITCHENS AND LUNCHROOMS
School kitchens and lunchrooms shall be constructed, equipped, operated and maintained as required by Regulation 61-25 governing Food Service Establishments.
Section XI. CUSTODIAL ROOMS
If custodial rooms are provided, they shall be:
A. Conveniently located to toilet, locker and shower rooms.
B. Provided with either a service sink and floor drain, or a floor receptor, both of which shall be supplied with hot and cold water through a mixing faucet equipped with a threaded hose bibb and vacuum breaker.
C. Adequately ventilated to prevent odors and excessive condensation.
D. Secured to prevent entry by unauthorized persons.
Section XII. HEALTH ROOMS
A. In all schools, a health room is strongly recommended and, where possible, it should be equipped and staffed as follows:
1. A toilet room with a minimum of one water closet and one lavatory.
2. A cot or bed with waterproof or water-resistant covering, with at least two changes of single-service or clean linen bed covers.
3. A standard 16-unit first-aid kit or equivalent.
4. At least one full-time staff member or volunteer certified in both American Red Cross first-aid and cardiopulmonary resuscitation (CPR) training, and capable of recognizing symptoms of distress.
B. Sanitation
1. The health room and furnishings shall be kept clean and in good repair.
2. Bed covers shall be changed after each use.
Section XIII. SWIMMING AND OTHER BATHING AREAS
School swimming pools and other bathing areas shall be constructed, equipped, operated and maintained as required by Regulation 61-51 governing Public Swimming Pools and Regulation 61-50 governing Natural Bathing Areas.
Section XIV. SOLID WASTE
A. Equipment
Watertight refuse containers with tight-fitting lids or bulk refuse containers sufficient in size and number to accommodate wastes shall be provided for storage until removed from the premises.
B. Sanitation
1. Areas where garbage containers and/or dumpsters are located shall be kept clean.
2. Refuse shall be removed from the premises as frequently as necessary to prevent excessive accumulation.
Section XV. VECTOR CONTROL, EQUIPMENT AND STORAGE OF POISONOUS MATERIALS
A. Vector Control--Conditions which attract, breed or harbor insects, rodents or other vermin shall be prevented or abated.
B. Storage Room or Cabinet--A lockable storage room or cabinet shall be provided for the exclusive storage of all poisonous materials. All pesticides stored on the school premises shall be kept in a locked area.
Section XVI. MAINTENANCE OF EQUIPMENT AND FURNISHINGS
Classroom, athletic, gymnasium, vocational education equipment and furnishings as well as playground equipment shall be maintained to protect the public's health by preventing hazards to students' health.
Section XVII. FRIABLE ASBESTOS
All new and existing schools must comply with Regulation 61-86 governing Friable Asbestos Materials in Schools.
Section XVIII. COMPLIANCE PROCEDURES
A. Inspections
1. The Health Authority shall conduct inspections to determine the condition of schools for the purpose of safeguarding the health of pupils, faculty and patrons of the school.
2. Upon completion of the inspection, a copy of the completed inspection report stating violations found and compliance dates shall be furnished to the school principal, his authorized representative, District Superintendent, or County School Board.
3. When an inspection of a school is made, it shall be conducted thoroughly and completely, and must accurately reflect the sanitary conditions at the time of the inspection. Specific findings shall be recorded on the appropriate inspection report.
4. When the Health Authority discovers major violations of items of this regulation, a second inspection shall be made after a lapse of time as deemed necessary for the violations to be corrected. If, upon a subsequent inspection of the school, the Health Authority finds that the violations have not been substantially corrected, a written notice shall be provided to the District School Board and the District Superintendent, stating that repeat violations of the same items on a third inspection shall necessitate immediate legal action.
5. In addition to the notice of repeat violation, an informal meeting will be scheduled with school officials, the Health Authority (local and Central Office health officials), and other interested persons. This meeting will be to discuss the violations and the reason(s) for noncompliance, and to agree on appropriate and reasonable steps to achieve compliance.
6. All private and independent schools, whether new school buildings, additions to or renovations of existing school buildings, or buildings used for school purposes, shall be inspected and approved by the Health Authority prior to use.
B. Access
The Health Authority shall be permitted to enter and inspect any school at any reasonable time to determine compliance with this regulation.
C. Enforcement Provisions
This regulation is issued under the authority of Title 44 of the Code of Laws of South Carolina, 1976, as amended, and shall be enforced by the Health Authority.
D. Penalties
Violations of this regulation shall be punishable in accordance with Section 44-1-150, 1976 Code of Laws of South Carolina, and each day of continued violation shall be a separate offense.
E. Repeal Provisions
At the time of the adoption of this regulation, all regulations and parts of regulations in conflict with this regulation are hereby repealed.
F. Unconstitutionality Clause
Should any chapter, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of said regulation shall not be affected thereby.
61-43. Standards for the Permitting of Agricultural Animal Facilities.
(Statutory Authority: Sections 48-1-30, 47-20-40, 47-20-60, and 47-20-160, et seq.)
TABLE OF CONTENTS
Part 50 - General Definitions
Part 100 - Swine Facilities
100.10. Purpose, Applicability, Inactive Facilities, and Facilities Permitted Prior to the Effective Date of Regulation.
100.20. Permits and Compliance Period.
100.30. Exclusions.
100.40. Relationship to Other Regulations.
100.50. Permit Application Requirements (Animal Facility Management Plan Submission Requirements).
200.90. General Requirements for Animal Manure Lagoons, Treatment Systems, and Animal Manure Storage Ponds.
200.100. Manure Utilization Area Requirements.
200.110. Spray Application System Requirements.
200.120. Frequency of Monitoring for Animal Manure.
200.130. Dead Animal Disposal Requirements.
200.140. Other Requirements.
200.150. Odor Control Requirements.
200.160. Vector Control Requirements.
200.170. Record Keeping.
200.180. Reporting.
200.190. Training Requirements.
200.200. Violations.
Part 300 - Innovative and Alternative Technologies
300.10. General.
300.20. Submittal Requirements.
300.30. Requirements in Lieu of Requirements Under Part 100 and Part 200 of This Regulation.
300.40. Innovative and Alternative Treatment Technologies.
300.50. Exceptional Quality Compost.
300.60. Public Notice Requirements.
Part 400 - Manure Broker Operations.
400.10. Purpose and Applicability.
400.20. Permits and Compliance Period.
400.30. Relationship to Other Regulations.
400.40. Permit Application Procedures (Broker Management Plan Submission Requirements).
400.50. Permit Decision Making Process.
400.60. Manure Utilization Area Requirements.
400.70. Other Requirements.
400.80. Odor Control Requirements.
400.90. Vector Control Requirements.
400.100. Record Keeping.
400.110. Reporting.
400.120. Training Requirements.
400.130. Violations.
Part 500 - Integrator Registration Program.
500.10. General.
500.20. Submittal Requirements.
500.30. Certificate of Integrator Registration.
500.40. Reporting.
500.50. Other Requirements.
500.60. Violations.
Part 600 - Severability
Part 50 - General Definitions.
For purposes of this regulation, the following definitions apply:
A. "Agricultural animal" means an animal confined in an agricultural facility.
B. "Agricultural facility" means a lot, building, or structure, which is used for the commercial production of animals in an animal facility.
C. "Agronomic rate" is the animal manure and other animal by-products application rate designed: (1) to provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land and (2) to minimize the amount of nitrogen in the animal manure that passes below the root zone of the crop or vegetation grown on the land to the groundwater and (3) to provide the amount of other organic and inorganic plant nutrients which promote crop or vegetative growth, such as calcium-carbonate equivalency and (4) to provide the amount of phosphorus needed by the crop or vegetation grown on the land without causing an excessive build up of phosphorus in the soil.
D. "Animal" means any domesticated animal.
E. "Animal by-product" means a secondary or incidental product of animal production that may include bedding, spilled feed, water or soil, milking center washwater, contaminated milk, hair, feathers, dead animals or other debris. This definition may also refer to dead animal or animal manure compost.
F. "Animal facility" means an agricultural facility where animals are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of animal manure and other animal by-products from animals in the operation also are part of the animal facility. Two or more animal facilities under common ownership or management are considered to be a single animal facility if they are adjacent or utilize a common system for animal manure storage.
G. "Animal Facility Management Plan" means a plan prepared by the United States Department of Agriculture's Natural Resources Conservation Service or a professional engineer detailing the management, handling, treatment, storage, or utilization of manure generated in an animal facility. This plan shall include facility management details and a detailed map of each manure utilization area showing all buffer zones and setbacks, a description of the land use, the crops grown on the site, the timing for application of swine manure to the land and a land use agreement if the site is not owned by the permittee.
H. "Animal manure" means animal excreta or other commonly associated organic animal manures including, but not limited to, bedding, litter, feed losses, or water mixed with the manure.
I. "Annual animal manure application rate" is the maximum amount of animal manure that can be agronomically applied to a unit area of land during any 365-day period.
J. "Annual constituent loading rate" means the maximum amount of a constituent that can be applied to a unit area of a manure utilization area during any 365-day period.
K. "Average animal live weight" means the sum of the average exit weight of the animal from the facility and the average entry weight divided by two, as shown by the following formula:
Average animal live weight = (Average Exit Weight +" Average Entry Weight)/2
L. "Broker" means a person who accepts or purchases dry animal manure from agricultural facilities and transfers this product to a third party for land application.
M. "Closed facility" means an animal facility that has ceased operations (no confined animals at the facility) and is no longer in production.
N. "Commercial Facility" means an animal facility that produces animals or animal by-products for commercial sale, boards animals, rents animals, or provides a service utilizing the animals for a fee. The facility is considered commercial if the owner earned at least one thousand dollars gross farm income in at least three of the first five years.
O. "Compost" is an organic soil conditioner that has been stabilized to a humus-like product, is free of viable human and plant pathogens and plant seeds, does not attract insects or vectors, can be handled and stored without nuisance, and is beneficial to the growth of plants.
P. "Composting" is the biological decomposition and stabilization of organic substrates, under conditions that allow development of thermophilic temperatures as a result of biologically produced heat, to produce a final product that is stable, free of pathogens and plant seeds, and can be beneficially applied to land. Composting requires special conditions of moisture and aeration to produce thermophilic temperatures.
Q. "Constituent limit" is a numerical value that describes the amount of a constituent allowed per unit amount of animal manure (e. g., milligrams per kilogram of total solids); the amount of a constituent that can be applied to a unit area of land (e. g., pounds per acre); or the volume of a material that can be applied to a unit area of land (e.g., gallons per acre).
R. "Cover crop" is a small grain crop, including, but not limited to, oats, wheat, or barley; grasses; or other crop grown for agronomic use or to maintain topsoil and prevent soil erosion.
S. "Cumulative constituent loading rate" means the maximum amount of a constituent that can be applied to an area of land.
T. "Cumulative impacts" means an increase or enlarging of impact to the environment or community by the successive addition or accumulation of animal facilities in an area.
U. "CWA" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117, 33 U.S.C. 1251 et seq. Specific references to sections within the CWA shall be according to Pub. L. 92-500 notation.
V. "Deemed Permitted Facility" means an agricultural animal facility that held a valid permit from the Department for their swine facility prior to July 1, 1996, or for their animal facility prior to June 26, 1998.
W. "Department" means the South Carolina Department of Health and Environmental Control.
X. "Dry manure" means manure, bedding, litter, feed losses, or composted animal material (animal manure or dead animals) that is not in a liquid form. Dry animal manure can normally be easily handled with a shovel or other similar equipment and it can be placed in piles without liquid manure or leachate drainage occurring.
Y. "Dry weight basis" means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100 percent solids content).
Z. "EPA" means the United States Environmental Protection Agency.
AA. "Ephemeral stream" means a stream that flows only in direct response to rainfall or snowmelt in which discrete periods of flow persist no more than twenty-nine consecutive days per event.
BB. "Excessive Mortality" means total animal mortality in any one 24-hour period that exceeds the design capacity of the normal method of dead animal disposal.
CC. "Expansion" means an increase in the permitted number of animals or normal production live weight at the facility that will result in physical construction at the facility. For facilities with a lagoon, treatment system or manure storage pond, expansion means an increase due to construction in the maximum capacity of the existing lagoon, treatment system or manure storage pond as determined using the appropriate design standards of the United States Department of Agriculture's Natural Resource Conservation Service. An Animal manure treatment lagoon that is converted to animal manure storage pond is considered an expansion of the facility. For facilities permitted prior to 1998, where the treatment/storage design function was not clearly specified, the Department shall review the facility's operation records and compliance history to determine the current function and condition of the manure handling structures. If the existing structure can handle additional animals, without physical alteration, significant changes in the original function of the structure, or any significant increase in odor, the Department may allow this increase in animals without classifying the change as an expansion.
DD. "FEMA" means the Federal Emergency Management Agency.
EE. "Feed crops" are crops produced primarily for consumption by animals. These include, but are not limited to: corn, grains, and grasses.
FF. "Fiber crops" are crops including, but not limited to, flax and cotton.
GG. "Floodplain" means land adjacent to water bodies that periodically becomes temporarily inundated with water during or after rainfall events. The land inundated from a flood whose peak magnitude would be experienced on an average of once every 100 years is the 100-year floodplain. The 100-year flood has a 1% probability of occurring in one given year.
HH. "Food crops" are crops produced primarily for human consumption. These include, but are not limited to, fruits, vegetables, and tobacco.
II. "Groundwater" is water below the land surface in the saturated zone.
JJ. "Integrator" or "Integrating company" means any entity or person(s) who contracts with agricultural animal producers to grow animals to be supplied to this person(s) at the time of removal from the animal growing houses or facilities and exercises substantial operational control over an animal facility along with the owner/operator of the facility. Substantial operational control includes, but is not limited to, the following: directs the activities of persons working at the animal facility either through a contract, direct supervision, or on-site participation; owns the animals; or specifies how the animals are grown, fed, or medicated. This definition does not include independent producers that contract with other independent producers to accomplish a portion of the animal growing process under contract.
KK. "Intermittent stream" means a stream that generally has a defined natural watercourse, which does not flow year-round but flows beyond periods of rainfall or snowmelt.
LL. "Lagoon" means an impoundment used in conjunction with an animal facility, the primary function of which is to store or stabilize, or both, manure, organic wastes, wastewater, and contaminated runoff.
MM. "Land application" is the spraying or spreading of manure onto the land surface; the injection of manure below the land surface into the root zone; or the incorporation of manure into the soil so that the manure can either condition the soil or fertilize crops or vegetation grown in the soil.
NN. "Large Animal Facility" means an animal facility (excluding swine facilities) that has a capacity for more than 500,000 pounds of normal production animal live weight at any one time.
OO. "Large Swine Facility" means a swine facility with a capacity for greater than 500,000 pounds of normal production animal live weight at any one time.
PP. "Liquid manure" means manure that by its nature, or after being diluted with water, can be pumped easily and which is removed either intermittently or continuously from an animal lagoon, manure storage pond or treated effluent from other types of animal manure treatment systems.
QQ. "Manure" means the fecal and urinary excretion of livestock and poultry. This material may also contain bedding, spilled feed, water or soil. It may also include wastes not associated with livestock excreta, such as milking center washwater, contaminated milk, hair, feathers, or other debris. Manure may be described in different categories as related to solids and moisture content, such as dry manure and liquid manure.
RR. "Manure storage pond" means a structure used for impounding or storing manure, wastewater, and contaminated runoff as a component of an agricultural manure management system. Manure is stored for a specified period of time, one year or less, and then the pond is emptied. This definition does not include tanks or other similar vessels.
SS. "Manure utilization area" means land on which animal manure (including swine manure) is spread as a fertilizer and is synonymous with land application site or land application area.
TT. "mg/l" means milligrams per liter.
UU. "NRCS" is the Natural Resources Conservation Service of the United States Department of Agriculture.
VV. "NRCS-CPS" is the Natural Resources Conservation Service's Conservation Practice Standards as given in the USDA-NRCS, SC Handbook of Conservation Practices.
WW. "Normal production animal live weight at any one time" means the maximum number of animals at the facility at any one time multiplied by the average animal live weight of those animals.
XX. "Nuisance" means a condition causing danger or annoyance to a limited number of persons or to the general public.
YY. "Pasture" is land on which animals feed directly on feed crops including, but not limited to, legumes, grasses, grain stubble, or stover.
ZZ. "Person" means any individual, public or private corporation, political subdivision, association, partnership, corporation, municipality, State or Federal agency, industry, copartnership, firm, trust, estate, any other legal entity whatsoever, or an agent or employee thereof.
AAA. "Potable water well" means any well designed and/or constructed to produce potable water for consumption by humans or animals.
BBB. "Producer" is a person who grows or confines animals; a person responsible for the manure produced at an animal facility; a person processing manure; and/or a person responsible for the land application of manure.
CCC. "Professional Engineer" or "Engineer" is a person who, by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering, all as attested by his legal registration as a professional engineer in this State.
DDD. "Range land" is open land with indigenous vegetation.
EEE. "Residence" means a permanent inhabited dwelling, any existing church, school, hospital, or any other structure which is routinely occupied by the same person or persons more than twelve hours per day or by the same person or persons under the age of eighteen for more than two hours per day, except those owned by the applicant.
FFF. "Runoff" is rainwater or other liquid that drains overland on any part of a land surface and runs off of the land surface.
GGG. "Seasonal High Water Table" is the surface between the zone of saturation and the zone of aeration, where the pore water pressure is equal to atmospheric pressure, and which exhibits the shallowest average water depth in relation to the surface during the wettest season.
HHH. "Small Animal Facility" means an animal facility (other than swine) that has a capacity for 500,000 pounds of normal production animal live weight or less at any one time.
III. "Small Swine Facility" means a swine facility with a capacity for 500,000 pounds of normal production animal live weight or less at any one time.
JJJ. "Source Water Protection Area" means an area either above and/or below ground that is the source of water for a public drinking water system via a surface water intake or a water supply well that is designated by the State for increased protection.
KKK. "State" means the State of South Carolina.
LLL. "Swine" means a domesticated animal belonging to the porcine species.
MMM. "Swine by-product" means a secondary or incidental product of swine production that may include bedding, spilled feed, water or soil, milking center washwater, contaminated milk, hair, feathers, dead swine or other debris. This definition may also refer to dead swine or swine manure compost.
NNN. "Swine facility" means an agricultural facility where swine are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of swine manure from swine in the operation also are part of the swine facility. Two or more swine facilities under common ownership or management are considered to be a single swine facility if they are adjacent or utilize a common system for swine manure treatment and/or storage. For any new or expanding swine facility, the combined normal production of all swine facilities owned by the producer, and of all swine facilities owned by corporations having a common majority shareholder in common with the producer, within twenty five miles of the new or expanding facility shall be used to determine the normal production of the new or expanding facility. For example, when a new facility has a proposed capacity of 300,000 pounds of normal production and the producer owns two other swine facilities within twenty-five miles of the new or expanding swine facility and the normal production of each facility is 400,000 pounds, the proposed swine facility's normal production is 1,100,000 (300,000 +" 400,000 +" 400,000) pounds.
OOO. "Swine manure" means swine excreta or other commonly associated organic animal manures including, but not limited to, bedding, litter, feed losses, or water mixed with the manure.
PPP. "<<mu>>g/l" means microgram per liter.
QQQ. "Vector" means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
RRR. "Wastewater" means any water which during the confinement of animals or the handling, storage, or treatment of manure, dead animals, litter, etc. comes into contact with the animals, manure, litter, spilled feed, etc. Wastewater includes, but is not limited to, wash waters, contaminated milk, and storm water (except storm water runoff from land application areas where the application of manure has been properly applied) that comes into contact with manure.
SSS. "Watershed" means a drainage area contributing to a river, lake, or stream.
TTT. "Waters of the State" means lakes, bays, sounds, ponds, impounding reservoirs, springs, artesian wells, rivers, perennial and navigable streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. This definition does not include ephemeral or intermittent streams. This definition includes wetlands as defined in this section.
UUU. "Wetlands" means lands that have a predominance of hydric soil, are inundated or saturated by water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and, under normal circumstances, do support a prevalence of hydrophytic vegetation. Normal circumstances refer to the soil and hydrologic conditions that are normally present without regard to whether the vegetation has been removed. Wetlands shall be identified through the confirmation of the three wetlands criteria: hydric soil, hydrology, and hydrophytic vegetation. All three criteria shall be met for an area to be identified as wetlands. Wetlands generally include swamps, marshes, and bogs.
Part 100 - Swine Facilities
100.10. Purpose, Applicability, Inactive Facilities, and Facilities Permitted Prior to the Effective Date of Regulation.
A. Purpose.
1. To establish standards for the growing or confining of swine, processing of swine manure and other swine by-products, and land application of swine manure and other swine by-products in such a manner as to protect the environment, and the health and welfare of citizens of the State from pollutants generated by this process.
2. To establish standards, which consist of general requirements, constituent limits, management practices, and operational standards, for the utilization of swine manure and other swine by-products generated at swine facilities. Standards included in this part are for swine manure and other swine by-products applied to the land.
3. To establish standards for the frequency of monitoring and record keeping requirements for producers who operate swine facilities.
4. To establish standards for the proper operation and maintenance of swine facilities.
5. To establish criteria for swine facilities and manure utilization areas location as they relate to protection of the environment and public health and welfare as outlined by statute. The location of swine facilities and manure utilization areas as they relate to zoning in an area is not covered in this regulation. Local county or municipal governments may have zoning requirements and these regulations neither interfere with nor restrict such zoning requirements. Permit applicants should contact local municipal and county authorities to determine any local requirements that may be applicable.
B. Applicability.
1. This part applies to:
a. All new swine facilities;
b. All expansions of existing swine facilities; and
c. New manure utilization areas for existing swine facilities.
2. This part applies to all swine manure and other swine by-products applied to the land.
3. This part applies to all land where swine manure and other swine by-products are applied.
C. Inactive Facilities.
1. If a swine facility is closed for two (2) years or less, a producer may resume operations of the facility under the same conditions by which it was previously permitted by notifying the Department in writing that the facility is being operated again.
2. For swine facilities that have been closed for more than two years but less than five years, the Department shall review the existing permit and modify its operating conditions as necessary prior to the facility being placed back into operation.
3. For swine facilities that have been closed for more than five years, the producer shall properly close out any lagoon, treatment system or manure storage pond associated with the facility. The closeout shall be accomplished in accordance with Regulation 61-82. The permittee shall submit a closeout plan that meets at a minimum NRCS-CPS within a time frame prescribed by the Department. Additional time may be granted by the Department to comply with the closeout requirement or to allow a producer to apply for a new permit under this regulation, as appropriate.
4. If a swine facility closes for more than five years, the requirements under this part shall be met before the facility can resume operations.
D. Facilities Permitted Prior to the Effective Date of Regulation.
1. All existing swine facilities with permits issued by the Department before July 1, 1996 do not need to apply for a permit as they are deemed permitted (deemed permitted swine facilities) unless they have been closed for more than two years or expand operations. These facilities shall meet the following sections of Part 100: Section 100.20 (Permits and Compliance Period); Section 100.90 items A, G, and N - T (General Requirements for Lagoons, Treatment Systems and Manure Storage Ponds); Section 100.100 items B.1.-22. (Manure Utilization Area Requirements); Section 100.110.G.-J. (Spray Application System Requirement); Section 100.120 A,C, and D (Frequency of Monitoring for Swine Manure); Section 100.130 A,B, C item 2-3 (Dead Swine Disposal Requirements); Section 100.140 A, C-J (Other Requirements); Section 100.150 B-G (Odor Control Requirements); Section 100.160 B-D (Vector Control Requirements); Section 100.170 (Record Keeping); Section 100.180 (Reporting); Section 100.190 A. - F. (Training Requirements); and Section 100.210 (Violations). The capacity of a deemed permitted facility is the maximum capacity of the existing lagoon, treatment system or manure storage pond as determined using swine lagoon, treatment system or manure storage pond capacity design standards of the United States Department of Agriculture's Natural Resource Conservation Service.
2. All existing swine facilities with permits issued by the Department between July 1, 1996 and the effective date of these regulations do not need to apply for a new permit if they hold a valid permit from the Department, unless they have been closed for more than two years. These facilities shall meet all the requirements of these regulations.
3. All existing swine facilities that were constructed and placed into operation prior to July 1, 1996, but have never received an agricultural permit from the Department, shall apply for a permit from the Department. These facilities shall meet all the requirements of this regulation as the Department determines appropriate. The Department shall review the site and make a determination on a case-by-case basis on which requirements are applicable.
4. An existing facility may be required to submit for approval an updated Animal Facility Management Plan on a case-by-case basis by the Department. The Department shall notify the permittee in writing of this requirement. The permittee shall submit this updated plan within a time frame prescribed by the Department. Failure to submit the updated plan within this time frame is a violation of the Pollution Control Act and these regulations, and may result in permit revocation.
5. Both the setbacks and other requirements for manure utilization areas shall be met when a new manure utilization area is added by the owner of any swine facility regardless of when the facility was permitted.
6. If an existing facility regulated under Part 200 of these regulations proposes to convert to a swine facility, it shall be considered a new swine facility under these regulations. Converted facilities shall be permitted as new swine facilities and meet all criteria for new swine facilities before they begin operation as a swine facility.
7. If an existing swine facility proposes to expand operations or increase the number of permitted swine such that it falls into a new size classification, the facility shall be considered a new swine facility in that size classification under these regulations. The facility shall meet all the requirements for the new classification.
100.20. Permits and Compliance Period.
A. Permit Requirement. Swine manure and other swine by-products from a new or expanded swine facility can only be generated, handled, stored, treated, processed, or land applied in the State in accordance with a permit issued by the Department under the provisions of this part. Existing producers that are required by the Department to update their Animal Facility Management Plan shall meet the requirements of this part to the extent practical as determined by the Department.
B. Large Swine Facilities with 1,000,000 pounds or more normal production live weight must also apply for an individual National Pollutant Discharge Elimination System (NPDES) permit for Confined Animal Feeding Operations (CAFO) in accordance with the provisions of Regulation 61-9.
C. Permits issued under this regulation are no-discharge permits.
D. The requirements in this part shall be implemented through a permit issued to any producer who operates a swine facility where swine manure and other swine by-products are generated, handled, treated, stored, processed, or land applied.
E. The requirements under this part may be addressed in permits issued to producers who only land apply swine manure and other swine by-products.
F. Notification Requirements. The permittee shall notify the Department in writing and receive written Departmental approval, except as otherwise noted, prior to any change in operations at a permitted facility, including, but not limited to, the following:
1. Change in ownership and control of the facility. The Department has thirty days from the receipt of a notification of transfer of ownership to either: request additional information regarding the transfer or the new owner; deny the transfer; or approve the transfer of ownership. If the Department does not act within thirty days, the transfer is automatically approved. If additional information is requested by the Department in a timely manner, the Department shall act on this additional information, when it is received, within the same time period as the initial notification.
2. Increase in the permitted number of swine.
3. Increase in the normal production animal live weight of the existing permitted swine facility.
4. Addition of manure utilization areas.
5. Change in swine manure and other swine by-products treatment, handling, storage, processing or utilization.
6. Change in method of dead swine disposal.
G. Permit Modification. Permit modifications for items 100.20.F.3 and 100.20.F.5 for facilities regulated under this part which shall result in expansions shall adhere to the requirements of this part and other applicable statutes, regulations, or guidelines.
H. Permit modification for items 100.20.F.2-3 which result in an expansion may be required to obtain new written waivers or agreement for reduction of setbacks from adjoining property owners (if applicable).
100.30. Exclusions.
The following do not require permits from this part unless specifically required by the Department under Section 100.30.G.
A. Existing swine facilities that are deemed permitted under Section 100.10.D.1. are excluded from applying for a new permit unless an expansion is proposed, a new manure utilization area is added, or it is required by the Department. New manure utilization areas added to an existing facility shall meet the appropriate requirements in this part. However, deemed permitted facilities shall meet the requirements of this regulation as outlined in Section 100.10.D.1. (Purpose, Applicability, Inactive Facilities, and Facilities Permitted Prior to the Effective Date of Regulation).
B. Except as given in Section 100.30.G, swine facilities that do not have a lagoon, manure storage pond or liquid manure treatment system having 10,000 pounds or less of normal production animal live weight at any one time are excluded from obtaining a permit from the Department. However, these facilities shall have and implement an Animal Facility Management Plan for their facility that meets the requirements of this regulation.
C. Except as given in Section 100.30.G, swine facilities that do not have a lagoon, manure storage pond or liquid manure treatment system having more than 10,000 pounds of normal production animal live weight at any one time and less than 30,000 pounds of normal production animal live weight at any one time are excluded from obtaining a permit from the Department. However, these facilities shall submit an Animal Facility Management Plan to the Department and implement an Animal Facility Management Plan for their facility that meets the requirements of this regulation.
D. Except as given in Section 100.30.G, ranged swine facilities where the size of the range area is sufficient to allow for natural degradation or utilization of the swine manure with no adverse impact to the environment are excluded from obtaining a permit from the Department. Ranged facilities shall also maintain adequate vegetative buffers between the swine range and waters of the State.
E. Except as given in Section 100.30.G, swine facilities that do not produce swine for commercial purposes are excluded from obtaining a permit from the Department.
F. Except as given in Section 100.30.G, swine facilities that hold valid permits issued by the Department are not required to obtain a new permit if they decide to replace in kind any of the swine growing houses. If the permittee chooses to leave the old swine houses in place to utilize for another purpose other than housing animals, the Department shall perform a preliminary site inspection for the proposed location of the replacement houses and approve the site prior to construction.
G. Facilities exempted under Sections 100.30.A, B, C, D, E and F may be required by the Department to obtain a permit. The Department shall visit the site before requiring any of these facilities to obtain a permit.
100.40. Relationship to Other Regulations.
The following regulations are referenced throughout this part and may apply to facilities covered under this regulation.
A. Nuisances are addressed in Regulation 61-46.
B. Application and annual operating fees are addressed in Regulation 61-30.
C. The proper closeout of wastewater treatment facilities is addressed in Regulation 61-82. This includes swine lagoons and manure storage ponds.
D. Permitting requirements for concentrated animal feeding operations as defined by Regulation 61-9 are contained in Regulation 61-9.
E. Setbacks and construction specifications for potable water wells and monitoring wells shall be in accordance with Regulation 61-71.
F. Permits for air emissions from incinerators are addressed in Regulation 61-62.
G. Disposal of swine lagoon sludge in a municipal solid waste landfill unit is addressed in Regulation 61-107.258.
H. Disposal of swine manure with domestic or industrial sludge is addressed in Regulation 61-9.
I. Procedures for contested cases are addressed in Regulation 61-72 and Rules of the State's Administrative Law Judge Division.
J. Laboratory Certification is addressed in Regulation 61-81.
K. Water Classifications and Standards are addressed in Regulation 61-68.
100.50. Permit Application Procedures (Animal Facility Management Plan Submission Requirements).
A. Preliminary Site Evaluations. The Department shall perform a preliminary evaluation of the proposed site at the request of the applicant. Written requests for preliminary site inspection shall be made using a form, as designated by the Department. The Department shall not schedule a preliminary site inspection until all required information specified in the form has been submitted to the Department. This evaluation should be performed prior to preparation of the Animal Facility Management Plan. Once the preliminary site inspection is performed, the Department shall issue an approval or disapproval letter for the proposed site.
B. A producer who proposes to build a new swine facility or expand an existing swine facility shall make application for a permit under this part using an application form as designated by the Department. The following information shall be included in the application package.
1. A completed application form.
2. An Animal Facility Management Plan prepared by qualified Natural Resources Conservation Service personnel or a SC registered professional engineer. Other qualified individuals, such as soil scientists, etc., may prepare the land application component of an Animal Facility Management Plan. The Animal Facility Management Plan shall at a minimum contain:
a. Facility name, address, telephone number, county, and National Pollutant Discharge Elimination System Permit or other permit number (if applicable);
b. Facility location description and the zoning or land use restrictions in this area (this information is available from the county);
c. Applicant's name, address, and telephone number (if different from above);
d. Operator's name;
e. Facility capacity;
i. Number of swine;
ii. Pounds of normal production animal live weight at any one time;
iii. Amount in gallons of swine manure generated per year;
iv. Description of swine manure storage and storage capacity of lagoon, treatment system, or manure storage pond (if applicable); and
v. Description of swine manure and other swine by-products treatment (if any).
f. Concentration of constituents in swine manure including but not limited to the constituents given below:
i. Nutrients.
(a) Nitrate. (Only needed for aerobic treatment systems)
iii. For new swine facilities, swine manure analysis information does not have to be initially submitted as the Department shall use swine manure analysis from similar sites or published data (such as: Clemson University, American Society of Agricultural Engineers, Midwest Planning Service Document, NRCS Technical Guide or equivalent) in the review of the application. Analysis of the actual swine manure generated shall be submitted to the Department six months after a new swine facility starts operation or prior to the first application of swine manure to a manure utilization area, whichever occurs first. If this analysis is significantly different from the estimated analysis used in the permitting decision, the Department may require a permit modification as necessary to address the situation. Analysis shall be conducted by a laboratory certified by the Department. This laboratory shall have and maintain certification for the constituents to be analyzed.
g. Swine manure and other swine by-products handling and application information shall be included as follows:
i. A crop management plan which includes the time of year of the swine manure and other swine by-products application and how it relates to crop type, crop planting, and harvesting schedule (if applicable) for all manure utilization areas;
ii. Name, address, and telephone number of the producer(s) that will land apply the swine manure and other swine by-products if different from the permittee;
iii. Type of equipment used to transport and/or spread the swine manure and other swine by-products (if applicable); and
iv. For spray application systems, plans and specifications with supporting details and design calculations for the spray application system.
h. Facility and manure utilization area information shall be included (as appropriate):
i. Name and address of landowner and location of manure utilization area(s);
ii. List previous calendar years that swine manure and other swine by-products were applied and application amounts, where available;
iii. Facility and manure utilization area location(s) on maps drawn to approximate scale including:
(a) Topography (7.5' minutes or equivalent) and drainage characteristics (including ditches);
(b) Adjacent land usage (within 1/4 mile of property line minimum) and location of inhabited dwellings and public places showing property lines and tax map number;
(c) All known water supply wells on the applicant's property and within 500 feet of the facility's footprint of construction or within 200 feet of any manure utilization areas;
(d) Adjacent waters of the State (including ephemeral and intermittent streams) or the nearest waterbody;
(e) Swine manure utilization area boundaries and buffer zones;
(f) Right-of-Ways (Utilities, roads, etc.);
(g) Soil types as given by soil tests or soil maps, a description of soil types, and boring locations (as applicable);
(h) Recorded Plats, Surveys, or other acceptable maps that include property boundaries; and
(i) Information showing the 100-year floodplain as determined by FEMA.
iv. For manure utilization areas not owned by the permit applicant, a signed agreement between the permit applicant and the landowner acceptable to the Department detailing the liability for the land application. The agreement shall include, at a minimum, the following:
(a) Producer's name, farm name and county in which the farm is located;
(b) Landowner's name, address, phone number;
(c) Location (map with road names and county identified) of the land to receive manure application;
(d) Field acreage, acreage less setbacks, and crops grown;
(e) Name of manure hauler;
(f) Name of manure applier;
(g) A statement that land is not included in any other management plans and manure or compost from another farm is not being applied on this land; and
(h) A signed statement which informs the landowner that he is responsible for spreading and utilizing this manure in accordance with the requirements of the Department and Regulation 61-43.
v. For other manure utilization areas that are included in multiple Animal Facility Management Plans identify the names of all facilities that include this manure utilization area in their plan.
3. Groundwater monitoring well details and proposed groundwater monitoring program (if applicable).
4. The Animal Facility Management Plan shall contain an odor abatement plan for the swine facility, lagoon, treatment system, manure storage pond, and manure utilization areas. For more specific details, see Section 100.150 (Odor Control Requirements).
5. A Vector Abatement Plan shall be included for the swine facility, lagoon, treatment system, manure storage pond, and manure utilization areas. For more specific details, see Section 100.160 (Vector Control Requirements).
6. Dead Swine Disposal Plan. The plan shall include written details for handling and disposal of dead swine. Plans should include method of disposal, any construction specifications necessary, and management practices. See Section 100.130 for specific requirements on dead swine disposal.
7. Soil Monitoring Plan. A soil monitoring plan shall be developed for all manure utilization areas, see Section 100.100 (Manure Utilization Area Requirements) for more detailed information.
8. Plans and specifications for all other manure treatment or storage structures, such as holding tanks or manure storage sheds.
9. All "Notice of Intent to Build or Expand a Swine Facility" forms as provided by the Department and a tax map (or equivalent) to scale showing all neighboring property owners and identifying which property has inhabited dwellings that are required to be notified. See Section 100.60 (Public Notice Requirements) for more detailed information.
10. An Emergency Plan. The emergency plan shall at a minimum contain a list of entities or agencies the producer shall contact in the event of a structural failure (such as a dike/dam breach), major animal mortality, fire, flood or other similar type problem. For facilities in the coastal areas of the State, the emergency plan shall address actions to be taken by a producer during hurricane season (such as providing additional freeboard during that time) and when advance warning is given on any extreme weather condition.
11. All waivers as specified in Section 100.80 (Facility, Lagoon, Treatment System, and Manure Storage Pond Siting Requirements), if applicable.
12. Application fee and the first year's operating fee as established by Regulation 61-30.
C. The Department may request an applicant to provide any additional information deemed necessary to complete or correct deficiencies in the swine facility permit application prior to processing the application or issuing, modifying, or denying a permit.
D. Applicants shall submit all required information in a format acceptable to the Department.
E. An application package for a permit is complete when the Department receives all of the required information which has been completed to its satisfaction. Incomplete submittal packages may be returned to the applicant by the Department.
F. Application packages for permit modifications only need to contain the information applicable to the requested modification.
100.60. Public Notice Requirements.
A. Small Swine Facilities (500,000 pounds or less of normal production live weight).
1. For persons seeking to construct a new small swine facility, the Department shall have the applicant notify all adjoining property owners and people residing on property within 1/4 mile (1320 feet) of the proposed location of the facility (footprint of construction) of the applicants intent to build a swine facility. The applicant shall use a notice of intent form provided by the Department. The Department shall also post up to four notices on the perimeter of the property or in close proximity to the property, in visible locations as determined by the Department. The notice of intent shall advise adjoining property owners that they can send comments on the proposed animal facility directly to the Department.
2. For existing small swine facilities seeking to expand their current operations, the Department shall post up to four notices of intent to expand a swine facility on the perimeter of the property or in close proximity to the property, in visible locations as determined by the Department.
3. For small swine facilities, the Department shall review all comments received. If the Department receives twenty (20) or more letters from different people requesting a meeting or the Department determines significant comment exists, a meeting shall be held to discuss and seek resolution to the concerns prior to a permit decision being made. All persons who have submitted written comments shall be invited in writing to the meeting. First Class US mail service or hand delivery to the address of the interested party shall be used by the Department for the meeting invitation. However, if the Department determines that the number of persons who submitted written comments is significant, the Department shall publish a notice of the public meeting in a local newspaper of general circulation instead of notifying each individual by first class mail. In addition, the Department shall notify all group leaders and petition organizers in writing. Agreement of the parties is not required for the Department to make a permit decision.
B. Large Swine Facilities (greater than 500,000 pounds normal production live weight).
1. For persons seeking to construct a new large swine facility or expand an established large swine facility, the applicant shall:
a. Notify property owners within 1/4 mile (1320 feet) of the proposed location of the facility (footprint of construction) utilizing a form provided by the Department; and
b. Notify persons residing on adjoining property;
2. For persons seeking to construct a new large swine facility or expand an established large swine facility, the Department shall at the expense of the applicant:
a. Publish a notice of intent to construct or expand an established swine facility in a local newspaper of general circulation;
b. Notify the appropriate county commission;
c. Notify the appropriate water supply district (owners or operators of any potable surface water treatment plant located downstream from the proposed swine facility that could reasonably be expected to be adversely impacted if a significant problem arose); and
d. Notify any person who asked to be notified;
3. First Class US mail service or hand delivery to the address of a person to be notified shall be used by the Department for the notifications in Section 100.60.B.2.b-d. If the Department determines that members of the same group or organization have submitted comments or a petition, the Department shall only notify all groups, organization leaders, and petition organizers in writing. The Department shall ask these leaders and organizers to notify their groups or any concerned citizens who signed the petitions.
4. The notice shall contain instructions for public review and comment to the Department on the proposed construction and operation of the swine facility. The notice shall allow for a minimum thirty-day comment period.
5. When the Department receives twenty (20) or more letters from different people requesting a hearing or the Department determines there is significant public interest, the Department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in Section 100.60.B.2.a-d. The initial public notice and hearing notice can be combined into one notice. The Department shall provide at least thirty days (30) notice of the hearing.
C. Additional requirements for large swine facilities with 1,000,000 pounds or more normal production live weight.
1. For persons seeking to construct a new large swine facility or expand an established large swine facility with 1,000,000 pounds or more normal production live weight, the applicant shall notify all property owners and person(s) residing on property within one mile (5280 feet) of the proposed location of the large swine facility (footprint of construction) by certified mail. The notification must include the following information:
a. Name and address of the person proposing to construct a large swine facility;
b. The type of swine facility, the design capacity, and a description of the proposed swine manure management system;
c. The name and address of the preparer of the Animal Facility Management Plan;
d. The address of the local Natural Resources Conservation Service office; and
e. A statement informing the adjoining property owners and property owners within one mile of the proposed facility that they may submit written comments or questions to the Department.
2. The applicant shall conduct a minimum of one public meeting to present to the public the proposed project, its purpose, design, and environmental impacts. The applicant shall provide at least thirty days (30) notice of the meeting date and time by advertisement in a local newspaper of general circulation in the area of the proposed facility. The public meeting notice can be combined into one notice in combination with the notice run by the Department. However, the applicant must provide information concerning the date, time and location of the public meeting at the time of application. The minutes of the public meeting, proof of advertisement, and opinions derived from the meeting must be submitted to the Department.
3. The Department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in Section 100.60.C.2.a-d. The initial public notice and hearing notice can be combined into one notice. The Department shall provide at least thirty days (30) notice of the hearing.
D. For properties that have multiple owners or properties that are in an estate with multiple heirs, the Department, at the expense of the applicant, shall publish a notice of intent to construct an animal facility in a local paper of general circulation in the area of the facility. This notice in the newspaper shall serve as notice to these multiple property owners of the producers intent to build a swine facility. The cost to run this notice is not included in the application fee, and therefore shall be billed directly to the permit applicant for payment. This notice fee shall be paid prior to the issuance of the permit.
E. When comments are received by electronic mail, the Department shall acknowledge receipt of the comment by electronic mail. These comments shall be handled in the same manner as written comments received by postal mail.
F. The Department shall consider all relevant comments received in determining a final permit decision.
G. The Department shall send notice of the permit decision to issue or deny the permit to the applicant, all persons who commented in writing to the Department, and all persons who attended the public hearing or meeting, if held. First Class US mail service or hand delivery to the address of a person to be notified shall be used by the Department for the decision notification. However, if the Department determines that members of the same group or organization have submitted comments or a petition, the Department shall only notify all group leaders and petition organizers in writing. The Department shall ask these leaders and organizers to notify members of their groups or any concerned citizens who signed the petitions.
H. For permit issuances, the Department shall publish a notice of issuance of a permit to construct or expand a swine facility in a local newspaper of general circulation in the area of the facility.
I. For permit denials, the Department shall give the permit applicant a written explanation which outlines the specific reasons for the permit denial.
J. For permit denials, the Department may publish a notice of decision in a local newspaper of general circulation in the area of the facility. If the number of concerned citizens who submitted written comments is small, the department may send each concerned citizen a letter by first class mail in lieu of the newspaper notice.
K. The Department shall include, at a minimum, the following information in the public notices: the name and location of the facility, a description of the operation and the method of manure and other swine by-products handling, instructions on how to appeal the Department's decision, the time frame for filing an appeal, the date of the decision, and the date upon which the permit becomes effective.
100.70. Permit Decision Making Process.
A. No permit shall be issued before the Department receives a complete application package.
B. The agricultural program of the Department is not involved in local zoning and land use planning. Local government(s) may have more stringent requirements for agricultural animal facilities. The permittee is responsible for contacting the appropriate local government(s) to ensure that the proposed facility meets all the local requirements.
C. 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 Animal Facility 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.
D. A site inspection shall be made by the Department before a permit decision is made.
E. 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 swine facilities. Alternative manure and other swine by-products treatment and utilization methods may be required in watersheds which are nutrient-sensitive waters, or impaired by pathogens.
F. The Department shall act on all permits to prevent, so far as reasonably possible considering relevant standards under state and federal laws, an increase in pollution of the waters and air of the State from any new or enlarged sources.
G. 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 swine 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 decisions shall ensure that the swine facility and manure treatment and utilization alternative with the least adverse impact on the environment be utilized. To accomplish this, new and expanding facilities, except large swine facilities with 1,000,000 pounds or more normal production live weight, shall use the best available technology economically achievable for the handling, storage, processing, treatment, and utilization of manure. New and expanding large swine facilities with 1,000,000 pounds or more normal production live weight shall use the best available technology for the handling, storage, processing, treatment, and utilization of manure. Cumulative and secondary effects shall include, but are not limited to; runoff from land application of swine manure and a swine facility; evaporation and atmospheric deposition of elements; ground-water or aquifer contamination; the buildup of elements in the soil; and other potential and actual point and nonpoint sources of pollution in the vicinity.
H. Setback limits given in this part are minimum siting requirements (with exception to those that are not labeled as minimum requirements, which are absolutes). On a case-by-case basis the Department may require additional separation distances applicable to swine facilities. The Department shall evaluate the proposed site including, but not limited to, the following factors when determining if additional distances are necessary:
1. Proximity to 100-year floodplain;
2. Geography and soil types on the site;
3. Location in a watershed;
4. Classification or impairment of adjacent waters;
5. Proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; State Approved Source Water Protection Area; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;
6. Proximity to other known point source discharges and potential nonpoint sources;
7. Slope of the land;
8. Swine manure application method and aerosols;
9. Runoff prevention;
10. Adjacent groundwater usage;
11. Down-wind receptors; and
12. Aquifer vulnerability.
I. The appeal of a permit decision is governed by the SC Administrative Procedures Act, Regulation 61-72, and the Rules of the State's Administrative Law Judge Division.
J. When a permit is issued it shall contain an issue date, an effective date, and when applicable a construction expiration date. The effective date shall be at least twenty (20) days after the issue date to allow for any appeals. If a timely appeal is not received, the permit shall be effective on the effective date.
K. The swine facility, lagoon, treatment system, or manure storage pond can be built only when the permit is effective with no appeals pending. The facility cannot be placed into operation until the Department grants written authorization to begin operations.
L. To receive authorization to begin operations, the producer shall have the preparer of the Animal Facility Management Plan submit in writing to the Department the following information:
1. Certification that the construction of the structural components (such as the lagoon, treatment system and manure storage pond) has been completed in accordance with the approved Animal Facility Management Plan and the requirements of this regulation;
2. Certification that no portion of the facility has been construction in the 100-year floodplain;
3. Certification for containment of structural failures, if applicable; and
4. Certification for lagoon or manure storage pond lining, if applicable.
M. The Department shall conduct a final inspection before granting authorization to a producer to begin operations.
N. The Department shall grant written authorization for the producer to begin operations after it has received the information in 100.70.L and the results of a final inspection are satisfactory.
O. Swine Facility Permit Construction Expiration and Extensions.
1. Construction permits issued by the Department for agricultural animal facilities shall be given two years from the effective date of the permit to start construction and three years from the effective date of the permit to complete construction.
2. If the proposed construction as outlined in the permit is not started prior to the construction start expiration date, the construction permit is invalid unless an extension in accordance with this regulation is granted.
3. If construction is not completed and the facility is not placed into operation prior to the construction completion expiration date, the permit is invalid unless an extension in accordance with this regulation is granted.
4. If only a portion of permitted facility (animal growing houses and associated manure treatment and/or storage structures are completely constructed, but not all houses originally permitted were constructed) is completed prior to the construction completion expiration date, the construction for the remainder of the permit may be utilized within the permit life. The permittee shall obtain Departmental approval prior to utilizing the permit in this manner. The Department may require that the permittee submit additional information or update the Animal Facility Management Plan prior to approval.
5. Extensions of the construction permit start and completion dates may be granted by the Department. The permittee shall submit a written request explaining the delay and detailing any changes to the proposed construction. This request shall be received not later than 60 days prior to the date that the permittee proposes to extend. The maximum extension period shall not exceed one year.
P. Permits issued under this regulation for all swine facilities shall be renewed at least every seven years. However, if a facility is classified as a CAFO under the NPDES Regulations in R.61-9, the expiration date shall be no more than five years after the issue date.
Q. An expired permit (final expiration date for renewal) issued under this part continues in effect until a new permit is effective if the permittee submits a complete application, to the satisfaction of the Department, at least 180 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 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 within 30 days of when they go out of business.
R. Permit renewal applications shall meet all the requirements of this regulation as the Department determines appropriate. The Department shall review the site and make a determination on a case-by-case basis on which requirements are applicable.
S. No permit will be issued to an applicant who contracts with an integrator or integrating company unless the permit is in accordance with the approved cumulative environmental and public health impact assessment plan as required in part 500.20 (Integrator Submittal Requirements) of this regulation.
A. Siting Requirements applicable to all small (500,000 pounds or less of normal production live weight) swine facilities, lagoons, treatment systems, and manure storage ponds.
1. The minimum separation distance between a swine facility (not including a lagoon, treatment system, manure storage pond, or manure utilization areas) and a potable water well (excluding the applicant's well) is 200 feet. The minimum separation distance between a swine facility (not including a lagoon, treatment system, manure storage pond, or manure utilization areas) and a potable water well owned by the applicant is 50 feet (as required by R.61-71).
2. The minimum separation distance between a lagoon, treatment system, or a manure storage pond and a public or private human drinking water well (excluding the applicant's well) is 500 feet. The minimum separation distance between a lagoon, treatment system, or manure storage pond and a potable water well owned by the applicant is 100 feet.
3. Except for site drainage, the minimum separation distance required between a ditch or swale, which drains directly into waters of the State (excluding ephemeral and intermittent streams) and a swine facility, swine lagoon, treatment system, or manure storage pond is 100 feet. The setback from ditches may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
4. Except for site drainage, the minimum separation distance required between a ditch or swale, which drains directly into an ephemeral or intermittent stream, and a swine facility, swine lagoon, treatment system, or manure storage pond is 50 feet. The setback from ditches may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
5. The minimum separation distance required between a swine facility, lagoon, treatment system, or manure storage pond and ephemeral or intermittent streams is 100 feet. The setback from ephemeral or intermittent streams may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
6. The minimum separation distance required between a small swine facility (not including the lagoon, treatment system, or manure storage pond) and waters of the State (excluding ephemeral and intermittent streams) is 100 feet.
7. The minimum separation distance required between a small swine lagoon, treatment system, or manure storage pond and waters of the State (excluding ephemeral and intermittent streams) is 500 feet.
8. If the waters of the State (not including ephemeral and intermittent streams) are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a small swine lagoon, treatment system, or a manure storage pond and waters of the State (not including ephemeral and intermittent streams) is 1,320 feet (1/4 mile).
9. The distance required between a small swine lagoon, treatment system, or manure storage pond and waters of the State (not including ephemeral and intermittent streams) can be reduced to 200 feet if the permittee implements a design to control the discharge from a failed lagoon, treatment system or manure storage pond so that it never enters waters of the State (not including ephemeral and intermittent streams) and the designer, either a NRCS employee or a registered engineer, certifies that the system has been constructed as specified. The distance shall not be reduced if the waters of the state are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters.
10. For small facilities with a capacity of 250,000 pounds or less of normal production animal live weight at any one time, the separation distance required between a swine growing area (pens or barns not including range areas) and the distance to lot line of real property owned by another person is 200 feet or 1000 feet from the nearest residence, whichever is greater.
11. For small swine facilities with a capacity of more than 250,000 pounds and less than 500,001 pounds of normal production animal live weight at any one time, the separation distance required between a swine growing area (pens or barns not including range areas) and the lot line of real property owned by another person is 400 feet or 1000 feet from the nearest residence, whichever is greater.
12. For small facilities with a capacity of 250,000 pounds or less of normal production animal live weight at any one time, the separation distance required between a lagoon, treatment system, and/or manure storage pond and the lot line of real property owned by another person is 300 feet or 1000 feet from the nearest residence, whichever is greater.
13. For small swine facilities with a capacity of more than 250,000 pounds and less than 500,001 pounds of normal production animal live weight at any one time, the separation distance required between a lagoon, treatment system, or manure storage pond and the lot line of real property owned by another person is 600 feet or 1000 feet from the nearest residence, whichever is greater.
14. The distances in items 10-13 above can be reduced by written consent of the adjoining property owner, unless a swine facility is located on the adjacent property or within 1000 feet of the property line. Written consent is not needed when the Department reduces the distances under the requirements of Part 300.
B. Siting Requirements applicable to all large swine facilities, with less than 1,000,000 pounds normal production live weight, and the lagoons, treatment systems, and manure storage ponds associated with the facility.
1. The minimum separation distance between a large swine facility with less than 1,000,000 pounds normal production live weight (not including a lagoon, treatment system, manure storage pond, or manure utilization areas) and a potable water well (excluding the applicant's well) is 200 feet. The minimum separation distance between a swine facility (not including a lagoon, treatment system, manure storage pond, or manure utilization areas) and a potable water well owned by the applicant is 50 feet (as required by R.61-71).
2. The minimum separation distance between a lagoon, treatment system, or a manure storage pond, with less than 1,000,000 pounds normal production live weight, and a public or private human drinking water well (excluding the applicant's well) is 500 feet. The minimum separation distance between a lagoon, treatment system, or manure storage pond and a potable water well owned by the applicant is 100 feet.
3. Except for site drainage, the minimum separation distance required between a ditch or swale, which drains directly into waters of the State (excluding ephemeral and intermittent streams) and a swine facility, swine lagoon, treatment system, or manure storage pond, with less than 1,000,000 pounds normal production live weight, is 100 feet. The setback from ditches may be reduced by the Department, if a permanent vegetative water quality buffer at least 50 feet wide, that meets NRCS standards at a minimum, is installed and maintained.
4. Except for site drainage, the minimum separation distance required between a ditch or swale, which drains directly into an ephemeral or intermittent stream, and a swine facility, swine lagoon, treatment system, or manure storage pond, with less than 1,000,000 pounds normal production live weight, is 50 feet.
5. The minimum separation distance required between a large swine facility, lagoon, treatment system, or manure storage pond, with less than 1,000,000 pounds normal production live weight, and ephemeral or intermittent is 100 feet. The setback from ephemeral or intermittent streams may be reduced by the Department, if a permanent vegetative water quality buffer at least 50 feet wide, that meets NRCS standards at a minimum, is installed and maintained.
6. The minimum separation distance required between a large swine facility with less than 1,000,000 pounds normal production live weight (not including the lagoon, treatment system, or manure storage pond) and waters of the State (excluding ephemeral and intermittent streams) is 200 feet.
7. The minimum separation distance required between a large swine lagoon, treatment system, or manure storage pond, with less than 1,000,000 pounds normal production live weight, and waters of the State (not including ephemeral and intermittent streams) is 1,320 feet (1/4 mile). If the waters of the State (not including ephemeral and intermittent streams) are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon, treatment system, or manure storage pond and waters of the State (not including ephemeral and intermittent streams) is 2,640 feet ( 1/2 mile). A minimum 100-foot wide vegetative water quality buffer of plants and trees is required to be installed and maintained on the site between the facility and any down slope waters of the State. Sites with existing vegetation may qualify to utilize the existing vegetation for a buffer, if the vegetation is deemed sufficient. For new facilities constructed in areas where natural vegetation is not present, the Department shall evaluate these sites on a case-by-case basis to determine the amount of vegetative buffer that shall be planted. However, each site shall be required at a minimum to provide a vegetative buffer that meets the current NRCS standards.
8. The distance required between a large swine lagoon, treatment system, or manure storage pond, with less than 1,000,000 pounds normal production live weight, and waters of the State (not including ephemeral and intermittent streams) can be reduced to 500 feet if the permittee implements a design to control the discharge from a failed lagoon, treatment system, or manure storage pond so that it never enters waters of the State (not including ephemeral and intermittent streams) and the designer, either a NRCS employee or a professional engineer, certifies that the plan has been implemented as specified. The distance shall not be reduced if the waters of the state are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters.
9. The minimum separation distance required between a large swine facility with less than 1,000,000 pounds normal production live weight (growing area, pens or barns not including range areas) and real property owned by another person is 1,000 feet.
10. For swine facilities with a capacity of 500,001 to 750,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon, treatment system, or manure storage pond and real property owned by another person is 1,000 feet.
11. For swine facilities with a capacity of 750,001 to 1,000,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and/or a waste storage pond and real property owned by another person is 1,250 feet.
12. The minimum separation distance required between large swine facilities with less than 1,000,000 pounds normal production live weight is two miles.
13. A separation distance to adjacent land as provided in 9-11 above does not apply to a swine facility, lagoon, treatment system, or manure storage pond which is constructed or expanded, if the titleholder of adjoining land to the concentrated swine operation executes a written waiver with the title holder of the land where the swine facility is established or proposed to be located, under terms and conditions that the parties negotiate. The written waiver becomes effective only upon the recording of the waiver in the office of the Register of Deeds of the county in which the benefited land is located. The filed waiver precludes enforcement of 100.80.B.9-11 as it relates to the swine facility and to real property owned by another person. The permittee shall submit a copy of the document with the recording stamp to the Department. The separation distances shall not be reduced or waived if a swine facility is located on the adjacent property or within 1000 feet of the property line.
C. Siting requirements applicable to large swine facilities, with 1,000,000 pounds or more normal production live weight, and the lagoons, treatment systems, and manure storage ponds associated with the facility are as follows:
1. The minimum separation distance required between a large swine facility with 1,000,000 pounds or more normal production live weight and waters of the State (excluding ephemeral and intermittent streams) is 2,640 feet ( 1/2 mile).
2. The minimum separation distance required between a large swine lagoon, treatment system, or manure storage pond, with 1,000,000 pounds or more normal production live weight, and waters of the State (not including ephemeral and intermittent streams) is 2,640 feet ( 1/2 mile). If the waters of the State (not including ephemeral and intermittent streams) are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon, treatment system, or manure storage pond and waters of the State (not including ephemeral and intermittent streams) is 3,960 feet (3/4 mile). A minimum 100-foot wide vegetative water quality buffer of plants and trees is required to be installed and maintained on the site between the facility and any down slope waters of the State. Sites with existing vegetation may qualify to utilize the existing vegetation for a buffer, if the vegetation is deemed sufficient. For new facilities constructed in areas where natural vegetation is not present, the Department shall evaluate these sites on a case-by-case basis to determine the amount of vegetative buffer that shall be planted. However, each site shall be required at a minimum to provide a vegetative buffer that meets the current NRCS standards.
3. The minimum separation distance required between a large swine facility with 1,000,000 pounds or more normal production live weight (including the lagoon, treatment system, and manure storage pond) and real property owned by another person or a residence (excluding the applicant's residence) is 1,750 feet.
4. The minimum separation distance between a swine facility with 1,000,000 pounds or more normal production live weight (including a lagoon, treatment system, or manure storage pond) and a potable water well (excluding the applicant's well) is 1,750 feet.
5. The minimum separation distance required between swine facilities with 1,000,000 pounds or more normal production live weight is twenty-five miles.
D. A new swine facility or an expansion of an established swine facility may not be located in the 100-year floodplain.
E. Water (a pond) that is completely surrounded by land owned by the permit applicant and has no connection to other water is excluded from the setback requirements outlined in this part.
F. All lagoon and manure storage pond setbacks contained in this part shall be measured from the outside toe of the dike.
G. Setback limits given in this part are minimum siting requirements, except those not labeled as minimum requirements, which are absolutes. On a case-by-case basis the Department may require additional separation distances to the minimum setbacks applicable to swine facilities. See Section 100.70.H. for specific criteria evaluated for determining if greater setbacks should be required.
100.90. General Requirements for Swine Manure Lagoons, Treatment Systems and Swine Manure Storage Ponds.
A. The lagoon, treatment system, or manure storage pond shall be designed by a professional engineer or a NRCS engineer and the construction shall be certified by the design engineer. It is a violation of these regulations and the Pollution Control Act for the owner or operator of the facility to make modifications or physical changes to the lagoon, treatment system, or manure storage pond without the prior approval of the Department and supervision of NRCS or a professional engineer. Plans and specifications for lagoon, treatment system, or manure storage pond modifications shall be designed and certified by NRCS or a professional engineer and submitted to the Department for approval prior to the modification.
B. Swine manure lagoons and manure storage ponds shall be designed at a minimum to NRCS-CPS. The manure storage pond or lagoon shall be designed to provide a minimum storage for manure, wastewater, normal precipitation less evaporation, normal runoff, residual solids accumulation, capacity for the 25 year - 24 hour storm event (precipitation and associated runoff) and at least one and one half (1 1/2 ) feet of freeboard. New large swine facilities with 1,000,000 pounds or more normal production live weight shall be designed to provide storage capacity for all the above mentioned items including the 50 year - 24 hour storm event (precipitation and associated runoff) and at least two (2) feet of freeboard.
C. All lagoons and storage ponds shall be provided with a liner, designed with an initial specific discharge rate of less than 0.0156 feet/day in order to protect groundwater quality. Lagoons and manure storage ponds at swine facilities shall be lined with either a natural liner or a geomembrane liner or a combination thereof. Lagoons and manure storage ponds at large swine facilities with 1,000,000 pounds or more normal production live weight or at facilities within delineated source water protection areas or vulnerable recharge areas, as determined by the Department, shall be lined with a geomembrane liner such that the vertical hydraulic conductivity does not exceed 5x 10-7 cm/sec. Geomembrane liners, at a minimum, shall meet NRCS-CPS. When lagoons or manure storage ponds are lined using only soils with low permeability rates (e.g., clay), the Department shall require appropriate documentation to demonstrate that the computed soil permeability of the liner is sufficient to prevent seepage greater than the initial specific discharge rate. Appropriate certification shall be provided by the preparer of the Animal Facility Management Plan that the NRCS-CPS for lining lagoons and/or manure storage ponds with soils have been met.
D. Lagoons and manure storage ponds at swine facilities shall not exceed one million cubic feet of total volume, unless the lagoon or manure storage pond implements a design to control the discharge from a failed lagoon, treatment system, or manure storage pond so that it never enters waters of the State.
E. Large swine facilities with less than 1,000,000 pounds normal production live weight are prohibited from utilizing open anaerobic lagoons or manure storage ponds. These facilities shall utilize best available technology that is economically achievable for the manure handling, treatment, storage, and utilization.
F. Large swine facilities with 1,000,000 pounds or more normal production live weight are prohibited from utilizing open lagoons or manure storage ponds. These facilities shall utilize best available technology for the manure handling, treatment, storage, and utilization. Lagoons and manure storage ponds utilized at large swine facilities with 1,000,000 pounds or more normal production live weight shall be designed with airtight covers. Air pollution control devices utilizing the Best Available Technology shall be installed on all lagoon cover vents and openings to remove ammonia, hydrogen sulfide, methane, formaldehyde, and any other organic and inorganic air pollutants, which may be required by the Department. Such air pollution control devices shall meet all the requirements of the Department and appropriate air quality permits shall be obtained. "Best Available Technology" means, for the air emissions purpose of this regulation, the rate of emissions which reflects the most stringent emissions limitations required by any State regulation or permit, existing at the time the application is made, for all pollutants emitted from this source category; or, the most stringent emissions limit achieved in actual practice, whichever is more stringent.
G. If seepage results in either an adverse impact to groundwater or a significant adverse trend in groundwater quality occurs, as determined by the Department, the lagoon or manure storage pond shall be repaired at the owner's or operator's expense. Assessment and/or additional monitoring (more wells, additional constituents, and/or increased sampling frequency) may be required by the Department to determine the extent of the seepage. The repairs and/or assessment shall be completed in accordance with an implementation schedule approved by the Department. The Department may require groundwater corrective action.
H. Manure and other swine by-products shall not be placed directly in or allowed to come into contact with groundwater and/or surface water. The minimum separation distance between the lowest point of the lagoon and/or manure storage pond and the seasonal high water table beneath the lagoon and/or manure storage pond is 2 feet. If a geomembrane liner is installed, then the minimum separation distance is 1 foot from the seasonal high water table. Designs that include controlled drainage for water table adjustment shall be evaluated by the Department on a case-by-case basis, and may include additional monitoring and groundwater control requirements. If a design is proposed for water table adjustment, the design shall not impact wetlands. Groundwater monitoring wells may be required to be installed and monitored at a frequency as given in the permit for the facility in situations where a liner is used to allow the lowest point of a lagoon to be less than 2 feet to the seasonal high water table.
I. Owners of lagoons and manure storage ponds at large swine facilities (greater than 500,000 pounds normal production live weight) are required to install at least one up-gradient and two down-gradient monitoring wells at a depth which the Department considers appropriate around the lagoon or series of lagoons in order to monitor groundwater quality. For small swine facilities (500,000 pounds or less of normal production live weight), the Department may require monitoring wells upon Department review of the submittal package.
J. A groundwater monitoring plan shall be submitted with the permit application to the Department. All applicable State certification requirements regarding well installation, laboratory analyses, and report preparation shall be met. Groundwater monitoring wells shall be sampled at least once annually by qualified personnel, at the expense of the permittee. Monitoring wells at large swine facilities with 1,000,000 pounds or more normal production live weight must be sampled at least quarterly, unless more frequent sampling is specified in the permit. The results shall be submitted to the Department in accordance with the specified permit requirements. Groundwater monitoring results shall be maintained by the producer for eight years. The Department may conduct routine and random visits to the swine facility to sample the monitoring wells.
K. The monitoring wells shall be properly installed and sampled prior to use of the lagoon or manure storage pond. All monitoring wells shall be sampled in accordance with the parameters identified in the permit such that a background concentration level can be established.
L. Before the construction of a lagoon and/or a manure storage pond, the owner or operator shall remove all under-drains that exist from previous agricultural operations that are under the lagoon and/or within twenty-five (25) feet of the outside toe of the proposed lagoon or manure storage pond dike. This requirement does not include under-drains that are approved as a part of a design that includes controlled drainage for water table adjustment.
M. Lagoons and manure storage ponds at large swine facilities with 1,000,000 pounds or more normal production live weight shall install automated lagoon level monitoring devices
N. Proper water levels in lagoons and manure storage ponds, as per plans and specifications, shall be maintained at all times by the permittee. The Department may require specific lagoon or manure storage pond volume requirements in permits.
O. If a lagoon, treatment system, or manure storage pond, or both, breaches or fails in any way, the owner or operator of the swine facility shall immediately notify the Department, the appropriate local government officials, and the owners or operators of any potable surface water treatment plant located downstream from the swine facility that could reasonably be expected to be adversely impacted.
P. Lagoons, treatment systems, and manure storage ponds shall be completely enclosed with an acceptable fence, unless a fence waiver is obtained from the Department.
Q. Lagoons and manure storage ponds shall have at least four warning signs posted around the perimeter of the structure. These signs should read, "Warning - Deep and Polluted Water", and one should be posted on each side of the lagoon or manure storage pond.
R. Vegetation on the dikes and around the lagoon or manure storage pond should be kept below a maximum height of eighteen inches. Trees or deeply rooted plants shall be prevented from growing on the dikes or within 25 feet of the outside toe of the dikes of the lagoon or manure storage pond.
S. Livestock or other animals that could cause erosion or damage to the dikes of the lagoon or manure storage pond shall not be allowed to enter the lagoon or manure storage pond, or graze on the dike or within 25 feet of the outside too of the dike.
T. The Department shall require existing facilities, regardless of size, with a history of manure handling, treatment, and disposal problems related to a lagoon, to phase out the existing lagoon and incorporate new technology.
100.100. Manure Utilization Area Requirements.
A. Application Rates. The Department shall approve an Animal Facility Management Plan that establishes an application rate for each manure utilization area based on the agronomic application rate of the specific crop(s) being grown. Other factors considered are the manure and other swine by-products impact on the environment, animals, and people living in the vicinity. The application rate shall also be based on the limiting constituent (either a nutrient or other constituent as given in item 100.100.B). In developing annual constituent loading rates and cumulative constituent loading rates, the Department shall consider:
1. Soil type;
2. Type of vegetation growing in land-applied area;
3. Proximity to 100-year floodplain;
4. Location in watershed;
5. Nutrient sensitivity of receiving land and waters;
6, Soil nutrient testing in conjunction with soil productivity information;
7. Nutrient, copper, zinc, and constituent content of the manure and other swine by-products being applied;
8. Proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; State Approved Source Water Protection Area; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;
9. Proximity to other point and nonpoint sources;
10. Slope of land;
11. Distance to water table or groundwater aquifer;
12. Timing of manure application to coincide with vegetative cover growth cycle;
13. Timing of harvest of vegetative cover;
14. Hydraulic loading limitations;
15. Soil assimilative capacity;
16. Type of vegetative cover and its nutrient uptake ability;
17. Method of land application; and
18. Aquifer vulnerability.
B. Constituent Limits for Land Application of Swine manure and other swine by-products.
1. Swine Manure and other swine by-products. The Department may establish constituent limits in permits on a case-by-case basis on swine manure and other swine by-products to be land applied. Swine manure and other swine by-products containing only the standard constituents at normal concentrations as given by commonly accepted reference sources, such as Clemson University, American Society of Agricultural Engineers, Midwest Planning Service Document, or NRCS, can be land applied at or below agronomic rates without any specific constituent limits in a permit. When the swine manure or other swine by-products analysis indicates there are levels of copper, or other constituents of concern, the Department shall establish constituent limits in permits for each constituent of concern to ensure the water quality standards of Regulation 61-68 are maintained. For these cases the producer shall comply with the following criteria:
a. Constituent Limits. If swine manure and other swine by-products subject to a constituent limit is applied to land, either:
i. the cumulative loading rate for each constituent shall not exceed the rates in Table 1 of Section 100.100; or
ii. the concentration of each constituent in the swine manure and other swine by-products shall not exceed the concentrations in Table 2 of Section 100.100.
b. Constituent concentrations and loading rates - swine manure.
i. Cumulative constituent loading rates.
TABLE 1 OF Section 100.100 - CUMULATIVE CONSTITUENT LOADING RATES
Cumulative Constituent Loading Rate
Constituent (kilograms per hectare) (pounds per acre)
Copper 1500 1339
Zinc 2800 2499
ii. Constituent concentrations.
TABLE 2 OF Section 100.100 - CONSTITUENT CONCENTRATIONS
Monthly Average Concentrations
Constituent Dry weight basis (milligrams per kilogram)
Copper 1500
Zinc 2800
iii. Annual constituent loading rates.
TABLE 3 OF Section 100.100 - ANNUAL CONSTITUENT LOADING RATES
Annual Constituent Loading Rate
(kilograms per hectare (pounds per acre per
Constituent per 365 day period) 365 day period)
Copper 75 67
Zinc 140 125
c. Additional constituents 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 producer shall apply swine manure and other swine by-products subject to the cumulative constituent loading rates in Table 1 of Section 100.100.B.1 to land if any of the rates in Table 1 of Section 100.100.B.1 have been reached unless the constituent is removed from the manure and other swine by-products.
e. No producer shall apply swine manure and other swine by-products to land during a 365-day period after the annual application rate in Table 3 of Section 100.100.B.1 has been reached.
f. If swine manure and other swine by-products subject to the cumulative constituent loading rates in Table 1 of Section 100.100.B.1 have not been applied to the site, then the cumulative rates apply.
g. If swine manure and other swine by-products subject to the cumulative constituent loading rates in Table 1 of Section 100.100.B.1 have been applied to the site and the cumulative amount of each constituent 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 100.100.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, manure in combination with the fertilizer shall not be used so as to exceed the agronomic rate of nutrient utilization of the intended crop(s).
2. Any producer who confines swine shall ensure that the applicable requirements in this part are met when the swine manure and other swine by-products are applied to the land.
3. Swine manure and other swine by-products shall not be applied to land that is saturated from recent precipitation, flooded, frozen, or snow-covered. Swine manure and other swine by-products shall not be applied during inclement weather or when a significant rain event is forecasted to occur within 48 hours, unless approved by the Department in an emergency situation.
4. Swine manure and other swine by-products shall not be placed directly in groundwater.
5. The land application equipment, when used once or more per year, shall be calibrated at least annually by the producer. A permit may require more frequent calibrations to ensure proper application rates. The two most recent calibration records should be retained by the producer and made available for Department review upon request. If the land application equipment has not been used in over a year, then the equipment shall be calibrated prior to use.
6. No producer shall apply swine manure and other swine by-products to the land except in accordance with the requirements in this part.
7. A producer who supplies swine manure and other swine by-products to another person for land application shall provide the person who will land apply the manure and other swine by-products with the concentration of plant available nitrogen and the concentration of all other constituents listed in the permit. The producer shall also supply the person who will land apply the manure with a copy of the crop management plan included in their Animal Facility Management Plan or a copy of the Land Application brochure approved by the Department which outlines the land application requirements and responsibility for proper management of animal manure.
8. Swine manure and other swine by-products shall not be applied to or discharged onto a land surface when the vertical separation between the ground surface and the water table is less than 1.5 feet at the time of application, unless approved by the Department on a case by case basis. 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.
9. Soil sampling shall be conducted for each field prior to manure application to determine the appropriate application rate. Each field should be sampled at least once per year. If manure application frequency shall be less than once per year, then at least one soil sample shall be taken prior to returning to that field for land application. 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). 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.
10. Soil sampling to a depth of eighteen inches shall be performed within 45 days after each application of swine manure, but no more than two times per year if the application frequency is more than twice per year. This sampling shall be performed for at least three years after the initial application on at least one representative manure utilization area for each crop grown to verify the estimated calculated swine manure application rates for the utilization areas. The date of manure application and the date of sampling shall be carefully recorded. The sampling shall be conducted at depths of zero to six inches, six to twelve inches, and twelve to eighteen inches with nitrates and phosphorus being analyzed.
11. The results of the pre-application and post-application sampling shall be used by the producer to adjust as necessary, the amount of swine manure to be applied to a manure utilization area to meet the agronomic application rate for the crop(s) to be grown. These results shall be submitted to the Department at the time of application for permit renewal.
12. Additional soil sampling to greater depths may be required by the Department on a case-by-case basis to ensure there is no potential for groundwater contamination. The permit shall give the appropriate depth and frequency for all soil sampling.
13. The permittee shall obtain information needed to comply with the requirements in this part.
14. All persons who routinely accept manure from a producer, in quantities greater than twelve tons per recipient per year, shall be listed in the approved Animal Facility Management Plan. The Animal Facility Management Plan shall include the appropriate manure utilization area information for the sites routinely used by other persons. The producer shall inform the recipient of the responsibility to properly manage the land application of manure to prevent discharge of pollutants to waters of the State (including ephemeral and intermittent streams). The person accepting the manure may be required by the Department to have an Animal Facility Management Plan and a permit for their manure utilization areas.
15. All persons who accept manure from a producer, regardless of whether the land is included in the waste management plan, are responsible for land applying the manure in accordance with these requirements. The Department may require the person(s) land applying the manure to correct any problems that result from the application of manure.
16. Swine manure shall not be applied to cropland more than 30 days before planting or during dormant periods for perennial species, unless otherwise approved by the Department in an emergency situation.
17. When the Department receives nuisance complaints on a land application site, the Department may restrict land application of animal manure on this site completely or during certain time periods.
18. The Department may require manure, spread on cropland, to be disked in immediately.
19. 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 48 hours, unless otherwise approved by the Department in an emergency situation.
20. Manure 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.
21. If the manure is stockpiled more than three (3) days, the manure shall be stored on a concrete pad or other approved pad (such as plastic or clay lined) and covered with an acceptable cover to prevent odors, vector attraction, and runoff. The cover should be vented properly with screen wire to let the gases escape. The edges of the cover should be properly anchored.
22. Producers who contract to transfer the swine manure and other swine by-products produced at their facility to a manure broker shall modify their existing Animal Facility Management Plan if they discontinue using the designated broker or if the manure broker goes out of the manure brokering business.
C. Setbacks for manure utilization areas.
1. Siting Requirements applicable to all manure utilization areas associated with small swine facilities (500,000 pounds or less normal production live weight.
a. The minimum separation distance in feet 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 can be applied up to the property line. The 300-foot setback may be waived with the consent of the owner of the residence. If the application method is injection or immediate incorporation, manure may be applied up to the property line. The setbacks are imposed at the time of application. The Department may impose these setbacks on previously approved sites to address problems on a case-by-case basis.
b. The minimum separation distance in feet required between a manure utilization area and waters of the State (not including ephemeral and intermittent streams), ditches, and swales that drain directly into waters of the State (not including ephemeral and intermittent streams) is 100 feet.
c. The minimum separation distance in feet required between a manure utilization area and ephemeral and intermittent streams is 100 feet when spray application is the application method, 75 feet when incorporation is the application method, and 50 feet when injection is the application method. When incorporation is accomplished within twenty-four hours of the initial application, the distance can be reduced to 50 feet.
d. The minimum separation distance in feet required between a manure utilization area and ditches and swales, that drain directly into ephemeral and intermittent streams is 50 feet.
e. The minimum separation distance in feet required between a manure utilization area and a public and private drinking water well is 200 feet.
2. Siting Requirements applicable to all manure utilization areas associated with large swine facilities with less than 1,000,000 pounds normal production live weight.
a. The minimum separation distance in feet 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 can be applied up to the property line. The 300-foot setback may be waived with the consent of the owner of the residence. If the application method is injection or immediate incorporation, manure may be applied up to the property line. The setbacks are imposed at the time of application. The Department may impose these setbacks on previously approved sites to address problems on a case-by-case basis.
b. The minimum separation distance in feet required between a manure utilization area and waters of the State (not including ephemeral and intermittent streams), ditches, and swales that drain directly into waters of the State (not including ephemeral and intermittent streams) is 100 feet.
c. The minimum separation distance in feet required between a manure utilization area and ephemeral and intermittent streams is 100 feet when spray application is the application method, 75 feet when incorporation is the application method, and 50 feet when injection is the application method. When incorporation is accomplished within twenty-four hours of the initial application, the distance can be reduced to 50 feet.
d. The minimum separation distance in feet required between a manure utilization area and ditches and swales that drain directly into ephemeral and intermittent streams is 50 feet.
e. The minimum separation distance in feet required between a manure utilization area and a public and private drinking water well is 200 feet.
3. Siting Requirements applicable to all manure utilization areas associated with large swine facilities with 1,000,000 pounds or more normal production live weight.
a. The minimum separation distance in feet required between a manure utilization area and real property owned by another person is 200 feet from the property lines.
b. The minimum separation distance in feet required between a manure utilization area and an occupied residence is 750 feet (excluding the applicant's residence).
c. The minimum separation distance in feet required between a manure utilization area and waters of the State (not including ephemeral and intermittent streams), ditches, and swales is 150 feet.
d. The minimum separation distance in feet required between a manure utilization area and a public and private drinking water well is 200 feet.
e. The minimum separation distance in feet required between a manure utilization area and ephemeral and intermittent streams is 100 feet.
4. Water (pond) that is completely surrounded by land owned by the applicant and has no connection to surface water is excluded from the setback requirements outlined in this part.
5. The Department may establish in permits 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 swine manure application method, adjacent land usage, public access, aerosols, runoff prevention, adjacent groundwater usage, and potential for vectors and odors.
D. 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 and depth to the seasonal high groundwater table.
E. The Department may establish permit conditions to require that swine manure and other swine byproducts application rates remain consistent with the lime and fertilizer requirements for the cover, feed, food, and fiber crops based on land grant universities (in the southeast) published lime and fertilizer recommendations (such as the Lime and Fertilizer Recommendations, Clemson Extension Services, Circular 476).
F. Groundwater Monitoring for Manure Utilization Areas.
1. For large swine facilities with 1,000,000 pounds or more normal production live weight, at least one up-gradient and two down-gradient groundwater monitoring wells shall be installed for each drainage basin intersected by the manure utilization areas. The location, design and construction specifications for the monitoring wells shall be submitted in the application package. The information shall be reviewed and approved by the Department prior to permit issuance. The permit will contain specific requirements for sampling the groundwater monitoring wells including the frequency and parameters for sampling.
2. For small swine facilities (500,000 pounds or less normal production live weight) and large swine facilities with less than 1,000,000 pounds normal production live weight, the Department may require groundwater monitoring at manure utilization areas as appropriate.
3. 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 depth to the seasonal high groundwater, operation flexibility, application frequency, type of swine manure and other swine by-products, size of manure utilization area, and loading rate.
a. 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.
b. The Department may establish permit conditions, which require the permittee to reduce, modify, or eliminate the swine manure and other swine by-products applications based on the results of this monitoring data.
c. The Department may modify, revoke and reissue, or revoke a permit based on the monitoring data.
G. The Department may require periodic monitoring of any wet weather ditches or perennial streams which are in close proximity to any manure utilization areas.
100.110. Spray Application System Requirements.
A. Spray application of swine manure utilizing irrigation equipment. This includes all methods of surface spray application, including but not limited to, fixed gun application, traveling or mobile gun application, or center pivot application.
B. New large swine facilities with 1,000,000 pounds or more normal production live weight are prohibited from utilizing spray application systems for manure application. Manure must be incorporated into the manure utilization fields utilizing subsurface injection at a depth of not less than six inches.
C. Manure utilization area slopes shall not exceed 10 percent unless approved by the Department. The Department may require that slopes be less than 10% based on site conditions.
D. Swine manure distribution systems shall be designed so that the distribution pattern optimizes uniform application.
E. Hydraulic Application Rates.
1. Application rates shall normally be based on the agronomic rate for the crop to be grown at the manure utilization area. As determined by soil conditions, the hydraulic application rate may be reduced below the agronomic rate to ensure no surface ponding, runoff, or excessive nutrient migration to the groundwater occurs.
2. The hydraulic application rate may be limited based on constituent loading including any constituent required for monitoring under this regulation.
F. Swine manure and other swine by-products shall not be land applied or discharged onto a land surface when the vertical separation between the ground surface and the seasonal high water table is less than 1.5 feet at the time of application, unless approved by the Department on a case-by-case basis. 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.
G. Conservation measures, such as terracing, strip cropping, etc., may be required in specific areas determined by the Department as necessary to prevent potential surface runoff from entering or leaving the manure utilization areas. The Department may consider alternate methods of runoff controls that may be proposed by the applicant, such as berms.
H. For swine facilities, a system for monitoring the quality of groundwater may also be required for the proposed manure utilization areas. The location of all the monitoring wells shall be approved by the Department. The number of wells, constituents to be monitored, and the frequency of monitoring shall be determined on a case-by-case basis based upon the site conditions such as type of soils, depth of water table, aquifer vulnerability, proximity to State Approved Source Water Protection Area, etc.
I. If an adverse trend in groundwater quality is identified, further assessment and/or corrective action may be required. This may include an alteration to the permitted application rate or a cessation of manure application in the impacted area.
J. Spray application systems shall be designed and operated in such a manner to prevent drift of liquid manure onto adjacent property.
100.120. Frequency of Monitoring for Swine Manure.
A. The producer shall be responsible for having representative samples of the swine manure collected and analyzed at least once per year and when the feed composition significantly changes. The constituents to be monitored shall be given in the permit. The analyses shall be used to determine the amount of swine manure to be land applied. In order to ensure that the permitted application rate (normally the agronomic rate) is met, the application amount shall be determined using a rolling average of the previous analyses. The Department shall establish minimum requirements for the proper method of sampling and analyzing of swine manure. Facilities with permits that do not specify which constituents to monitor shall monitor for Ammonium-Nitrogen, Total Kjeldahl Nitrogen (TKN), Organic Nitrogen (Organic Nitrogen = TKN - Ammonium Nitrogen), P2 O5, and K2O.
B. The Department may require nitrogen, potassium, phosphorus, the constituents listed in Table 1 and Table 2 of Section 100.100 (Manure Utilization Area Requirements), and any other constituent contained in a permit to be monitored prior to each application.
C. Permittees do not have to analyze for any constituent they can demonstrate to the satisfaction of the Department is not present in their swine manure.
D. All monitoring shall be done in accordance with collection procedures in Standard Methods for Analysis of Water and Wastewater or other Department guidelines. Analysis shall be conducted by a laboratory certified by the Department. This laboratory shall have and maintain certification for the constituents to be analyzed.
100.130. Dead Swine Disposal Requirements.
A. Dead swine disposal shall be done as specified in the approved Animal Facility Management Plan. The Dead Swine Disposal Plan shall include the following:
1. Primary Method of disposal for the handling of dead swine that result from normal mortality on the farm.
2. Alternate Method for the handling of dead swine that result from excessive mortality on the farm. The normal method of disposal may not be sufficient to handle an excessive mortality situation. Each producer should have an emergency or alternate method to dispose of excessive mortality. Excessive mortality burial sites shall be approved by the Department prior to utilization.
B. Burial.
1. Burial pits may be utilized for emergency conditions, as determined by the Department, when the primary method of disposal is not sufficient to handle excessive mortality.
2. Burial pits shall not be located in the 100-year floodplain.
3. Soil type shall be evaluated for leaching potential.
4. Burial pits shall not be located or utilized on sites that are in areas that may adversely affect surface or groundwater quality or further impact impaired water bodies.
5. The bottom of the burial pit may not be within 2 feet of the seasonal high groundwater level.
6. No burial site shall be allowed to flood with surface water.
7. Swine placed in a burial site shall be covered daily with sufficient cover (6 inches per day minimum) to prohibit exhumation by feral animals.
8. When full, the burial site shall be properly capped (minimum 2 feet) and grassed to prohibit erosion.
9. Proposed burial pit sites shall be approved by the Department. The Department may conduct a geologic review of the proposed site prior to approval.
10. The Department may require any new or existing producers to utilize another method of dead swine disposal if burial is not managed according to the Dead Swine Disposal Plan or repeated violations of these burial requirements occur or adverse impact to surface or groundwater is determined to exist.
11. The Department may require groundwater monitoring for dead animal burial pits on a case-by-case basis. The Department shall consider all of the facts including, but not limited to, the following: depth to the seasonal high water table; aquifer vulnerability; proximity to a State Approved Source Water Protection Area; groundwater use in the area; distance to adjacent surface waters; number of dead animals buried; and frequency of burial in the area.
C. Incinerators.
1. For facilities proposing an incinerator for dead swine disposal, either a permit for the air emissions shall be obtained from the Department's Bureau of Air Quality before the incinerator can be built or the following criteria shall be met in order to qualify for an exemption from an air permit:
a. The emission of particulate matter shall be less than one pound per hour at the maximum rated capacity.
b. The incinerator shall be a package incinerator and have a rated capacity of 500 pounds per hour or smaller which burns virgin fuel only.
c. The incinerator shall not exceed an opacity limit of 10%.
2. Incinerators used for dead swine disposal shall be properly operated and maintained. Operation shall be as specified in the owner's manual provided with the incinerator. The owner's manual shall be kept on site and made available to Department personnel upon request.
3. The use of the incinerator to dispose of waste oil, hazardous waste, or any other waste chemical is prohibited. The use of the incinerator shall be limited to dead swine disposal only unless otherwise approved by the Department's Bureau of Air Quality.
D. Composters. Composters used for dead swine disposal shall be designed by a professional engineer or an NRCS representative and operated in accordance with the approved Animal Facility Management Plan.
E. Disposal of dead swine in a municipal solid waste landfill shall be in accordance with Regulation 61-107.258.
F. Disposal of swine carcasses or body parts into manure lagoons, treatment systems, storage ponds, waters of the State, ephemeral and intermittent streams, ditches, and swales is prohibited.
G. Other methods of dead swine disposal that are not addressed in this regulation may be proposed in the Dead Swine Disposal Plan.
100.140. Other Requirements.
A. There shall be no discharge of pollutants from the operation into surface waters of the State (including ephemeral and intermittent streams). There shall be no discharge of pollutants into groundwater, which could cause groundwater quality not to comply with the groundwater standards established in South Carolina Regulation 61-68.
B. On a case-by-case basis, the Department may impose additional or more stringent requirements for the management, handling, treatment, storage, or utilization of swine manure and other swine by-products.
C. 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 Water bodies List. Facilities and manure utilization areas located upstream of an impaired waterbody.
3. Proximity to Outstanding Resource Waters, trout waters, shellfish waters, or potential to 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.
D. If an adverse impact to the waters of the State, ephemeral and intermittent streams, or groundwater from swine manure and other swine by-products handling, storage, treatment, or utilization practices are documented, through monitoring levels exceeding the standards set forth in Regulation 61-68 or a significant adverse trend occurs, the Department may require the producer responsible for the swine manure and other swine by-products to conduct an investigation to determine the extent of impact. The Department may require the producer to remediate the water to within acceptable levels as set forth in Regulation 61-68.
E. No manure may be released from a swine manure lagoon, treatment system, or storage pond or the premises of a swine facility to waters of the State (including ephemeral and intermittent streams) unless the manure is treated to water quality standards and a permit pursuant to Section 402 or 404 of the CWA has been issued by the Department.
F. Swine medical waste cannot be disposed into swine lagoons, treatment systems or manure storage ponds or land applied with swine manure and other swine by-products.
G. In the event of a discharge from a swine lagoon, treatment system, or manure storage pond, the permittee is required to notify the Department immediately, within 24 hours of the discharge.
H. When the Department determines that a nuisance exists at a swine facility, the permittee shall take action to correct the nuisance to the degree and within the time frame designated by the Department.
I. Permittees shall maintain all-weather access roads to their facilities at all times.
J. The body of vehicles transporting manure shall be wholly enclosed and while in transit, be kept covered with a canvas 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 manure, the owner/operator shall take immediate steps to clean up the manure.
100.150. Odor Control Requirements.
A. The odor abatement plan for the swine facility, lagoon, treatment system, manure storage pond, and manure utilization areas shall consist of the following:
1. Operation and maintenance practices which are used to eliminate or minimize undesirable odor levels in the form of a Best Management Plan for Odor Control;
2. Use of treatment processes for the reduction of undesirable odor levels;
3. Additional setbacks from property lines beyond the minimum setbacks given in this part;
4. Other methods as may be appropriate; or
5. Any combination of these methods.
B. Producers shall utilize Best Management Practices normally associated with the proper operation and maintenance of a swine facility, lagoon, treatment system, manure storage pond, and any manure utilization area to ensure an undesirable level of odor does not exist.
C. No producer may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the Department. When an odor problem comes to the attention of the Department through field surveillance or specific complaints, the Department shall determine if the odor is at an undesirable level by considering the character and degree of injury or interference to:
1. The health or welfare of the people;
2. Plant, animal, freshwater aquatic, or marine life;
3. Property; or
4. Enjoyment of life or use of affected property.
D. After determining an undesirable level of odor exists, the Department shall require remediation of the undesirable level of odor.
E. The Department may require abatement or control practices, including, but not limited to the following:
1. Removal or disposal of odorous materials;
2. Methods in handling and storage of odorous materials that minimize emissions;
a. Drying to a moisture content of 50% or less;
b. Solids Separation from liquid manure, and composting of solids;
c. Disinfection to kill microorganisms present in manure;
d. Aeration of manure;
e. Anaerobic digestion in a sealed vessel;
f. Composting of solid manure and other swine by-products;
g. Odor Control Additives.
3. Prescribed standards in the maintenance of premises to reduce odorous emissions;
a. Filtration (biofilters or other filter used to remove dust and odor) of ventilation air;
b. Keeping animals clean or separated from manure;
c. Adjust number of animals confined in the pens or paddocks in accordance with Clemson University Animal Space Guidelines.
d. Frequent removal of manure from animal houses;
e. Adding a layer of water in the shallow pits after the manure is removed;
f. Feeding areas should be kept dry, and waste feed accumulation should be minimized;
g. Maintaining feedlot surfaces in a dry condition (25%-40% moisture content), with effective dust control;
h. Proper maintenance of the dead swine disposal system;
i. Covering or reducing the surface area of manure and other swine by-products storage. (Vents shall be provided for release of pressure created by manure gases if completely sealed covers are used);
j. Planting trees around or downwind of the manure and other swine by-products storage and treatment facilities;
k. Incorporation of manure and other swine by-products immediately after land application;
l. Selection of appropriate times for land application.
4. Best Available Technology to reduce odorous emissions.
F. Nothing in this section prohibits an individual or group of persons from bringing a complaint against a swine facility including problems at lagoons, treatment systems, manure storage ponds, and manure utilization areas.
G. If the permittee fails to control or abate the odor problems at a land application site to the satisfaction and within a time frame determined by the Department, approval for land application of manure on the manure utilization area in question may be revoked. Additional land may be required to be added to the Animal Facility Management Plan, if necessary to provide a sufficient amount of land for manure utilization.
100.160. Vector Control Requirements.
A. Vector Abatement Plan. The Vector Abatement Plan shall at a minimum consist of the following:
1. Normal management practices used at the swine facility, lagoon, treatment system, manure storage pond, and manure utilization areas to ensure there is no accumulation of organic or inorganic materials to the extent and in such a manner as to create a harborage for rodents or other vectors that may be dangerous to public health.
2. A list of specific actions to be taken by the producer if vectors are identified as a problem at the swine facility, lagoon, treatment system, manure storage pond, or any manure utilization area. These actions should be listed for each vector problem, e.g., actions to be taken for fly problems, actions to be taken for rodent problems, etc.
B. No producer may cause, allow, or permit vectors to breed or accumulate in quantities that result in a nuisance level, as determined by the Department.
C. The Department shall require remediation of the problem to the satisfaction of the Department, after determining a vector problem exists.
D. The Department may require abatement or control practices, including, but not limited to the following:
1. Remove and properly dispose of vector infested materials;
2. Methods in handling and storage of materials that minimize vector attraction;
a. Remove spilled or spoiled feed from the house as soon as practicably possible not to exceed 48 hours, unless otherwise approved by the Department;
b. Remove and properly dispose of dead animals as soon as practicably possible not to exceed 24 hours, unless otherwise approved by the Department;
c. Increase the frequency of manure removal from animal houses;
d. Prevent solids buildup in the pit storage or on the floors or walkways;
e. Remove excess manure packs along walls and curtains;
f. Compost solid manure and other swine by-products;
g. Appropriate use of vector control chemicals, poisons or insecticides (take caution to prevent insecticide resistance problems);
h. Utilize traps, or electrically charged devices;
i. Utilize biological agents;
j. Utilize Integrated Pest Management; and
k. Incorporate manure and other swine by-products immediately after land application.
3. Prescribed standards in the maintenance of premises to reduce vector attraction;
a. Remove standing water that may be a breeding area for vectors;
b. Keep animals clean or separated from manure;
c. Keep facility clean and free from trash or debris;
d. Properly utilize and service bait stations;
e. Keep feeding areas dry, and minimize waste feed accumulation;
f. Keep grass and weeds mowed around the facility and manure storage or treatment areas;
g. Maintain the dead swine disposal system;
h. Cover or reduce the surface area of manure and other swine by-products storage. (Vents shall be provided for release of pressure created by manure gases if completely sealed covers are used);
i. Store feed and feed supplements properly;
j. Conduct a weekly vector monitoring program;
k. Be aware of insecticide resistance problems, and rotate use of different insecticides;
l. Prevent and repair leaks in waterers, water troughs or cups; and
m. Ensure proper grading and drainage around the buildings to prevent rain water from entering the buildings or ponding around the buildings.
4. Best available control technology to reduce vector attraction and breeding.
100.170. Record Keeping.
A. A copy of the approved Animal Facility Management Plan, including approved updates, and a copy of the permit(s) issued to the producer shall be retained by the permittee for as long as the swine facility is in operation.
B. All application information submitted to the Department shall be retained by the permittee for eight years. However, if the facility was permitted prior to June 26, 1998, and the permittee has previously discarded these documents since there was no requirement to maintain records at that time, this requirement shall not apply.
C. Records shall be developed for each manure utilization area. These records shall be kept for eight years. The records shall include the following:
1. For each time swine manure and other swine by-products are applied to the site, the amount of swine manure and other swine by-products applied (in gallons per acre or pounds per acre, as appropriate), the location of the site, and the date and time of manure and other swine by-products application;
2. All sampling results for swine manure that is land applied, if applicable;
3. All soil monitoring results, if applicable;
4. All groundwater monitoring results, if applicable; and
5. Crops grown.
D. Records for the facility to include the following:
1. Monthly animal count and the normal production live weight; and
2. Mortality count and method of disposal.
E. Records for lagoon, treatment system, or manure storage pond operations to include the following:
1. Monthly water levels of the lagoon, treatment system, and manure storage pond; and
2. Groundwater monitoring results, if applicable.
F. All records retained by the producer shall be kept at either the facility, an appropriate business office, or other location as approved by the Department.
G. All records retained by the producer shall be made available to the Department during normal business hours for review and copying, upon request by the Department.
100.180. Reporting.
A. All large swine operations (greater than 500,000 pounds of normal production live weight) shall submit, on a form approved by the Department, the following on an annual basis or more frequently if required by a permit or regulation:
1. All manure sampling results for the last year, if applicable, and the latest rolling average concentration for the land limiting constituent;
2. All soil monitoring results, if applicable;
3. All groundwater monitoring results, if applicable;
4. Calculated application rates for all manure utilization areas; and
5. The adjusted application rates, if applicable, based on the most recent swine manure sampling, soil samples, and crop yields. The application rate change could also be due to a change in field use, crop grown, or other factors.
B. The Department may require small swine facilities (500,000 pounds or less of normal production live weight) to submit annual reports on a case-by-case basis.
C. The Department may establish permit conditions to require a swine facility to complete and submit a comprehensive report every five years. The Department shall review this report to confirm that the permitted nutrient application rates have not been exceeded. Based on the results of the review, additional soil and/or groundwater monitoring requirements, permit modification, and/or corrective action may be required.
100.190. Training Requirements.
A. An operator of a new or existing swine facility, lagoon, manure storage pond, or manure utilization area shall complete a training program on the operation of swine manure management created by Clemson University.
B. Operators of new and existing large swine facilities (greater than 500,000 pounds of normal production live weight) shall be required to pass a test and become certified as a part of the training program created by Clemson University. The Department may require operators with documented violations to pass a test through Clemson's program.
C. The training and/or certification shall be completed by operators of new facilities prior to start-up of operations.
D. The training and/or certification shall be completed by operators of existing facilities within two years of the effective date of this regulation.
E. Training and/or certification shall be maintained as long as the facility remains in operation.
F. Failure to obtain the training and certification as provided in this Section shall be deemed a violation of this Regulation.
G. Additional Training and Certification Requirements for Large Swine Facilities with 1,000,000 pounds or greater normal production live weight.
1. The Department shall classify all manure treatment systems serving large swine facilities, giving due regard to size, types of work, character, and volume of manure to be treated, and the use and nature of the land resources receiving the manure.
2. Manure treatment systems may be classified in a group higher than indicated at the discretion of the Department by reason of the following:
a. Incorporation in the treatment system of complex features which cause the treatment system to be more difficult to operate than usual; or
b. A waste stream that is unusually difficult to treat; or
c. Conditions of flow; or
d. Use of the receiving lands requiring an unusually high degree of system operation control; or
e. Combinations of such conditions or circumstances.
3. The classifications for biological treatment systems are based on the following groups:
a. Group I - B. All agricultural manure treatment systems which include one or more of the following units: primary settling, chlorination, sludge removal, imhoff tanks, sand filters, sludge drying beds, land spraying, grinding, screening, oxidation, and stabilization ponds.
b. Group II - B. All agricultural manure treatment systems which include one or more of the units listed in Group I-B and, in addition, one or more of the following units: sludge digestion, aerated lagoon, and sludge thickeners.
c. Group III - B. All agricultural manure treatment systems which include one or more of the units listed in Groups I-B and II-B and, in addition, one or more of the following: trickling filters, secondary settling, chemical treatment, vacuum filters, sludge elutriation, sludge incinerator, wet oxidation process, contact aeration, and activated sludge (either conventional, modified, or high rate processes).
d. Group IV - B. All agricultural manure treatment systems which include one or more of the units listed in Groups I-B, II-B, and III-B and, in addition, treat manure having a raw five-day biochemical oxygen demand of five thousand pounds a day or more.
4. The classifications for physical chemical manure treatment systems are based on the following groups:
a. Group I-P/C. All agricultural manure treatment systems which include one or more of the following units: primary settling, equalization, pH control, and oil skimming.
b. Group II-P/C. All agricultural manure treatment systems which include one or more of the units listed in Group I-P/C and, in addition, one or more of the following units: sludge storage, dissolved air flotation, and clarification.
c. Group III-P/C. All agricultural manure treatment systems which include one or more of the units listed in Groups I-P/C and II-P/C and, in addition, one or more of the following: oxidation/reduction reactions, cyanide destruction, metals precipitation, sludge dewatering, and air stripping.
d. Group IV-P/C. All agricultural manure treatment systems which include one or more of the units listed in Groups I-P/C, II-P/C and III-P/C and, in addition, one or more of the following: membrane technology, ion exchange, tertiary chemicals, and electrochemistry.
5. It shall be unlawful for any person or corporation to operate an agricultural manure treatment system at a large swine facility with 1,000,000 pounds or more normal production live weight unless the operator-in-charge holds a valid certificate of registration issued by the Board of Certification of Environmental Systems Operators in a grade corresponding to the classification of the agricultural manure treatment system supervised by him or her.
100.200. Violations.
A. Persons who violate this regulation or any permit issued under this regulation are subject to the penalties in Sections 48-1-320 (Criminal Penalties) and 48-1-330 (Civil Penalties) of the South Carolina Pollution Control Act.
B. Large swine facilities with 1,000,000 pounds or more normal production live weight shall be assessed automatic penalties (up to $10,000 per day per violation) for the following violations:
1. Lagoon, treatment system or manure storage pond breach or loss of containment that is not the direct result of an Act of God.
2. Manure Utilization Area runoff due to improper manure application methods.
3. Discharge to groundwater on site causing groundwater to exceed any water quality standard established in Regulation 61-68.
C. Second occurrence of any of the violations outlined in 100.210 B. at a large swine facility with 1,000,000 pounds or more normal production live weight shall result in immediate revocation of the permit and the automatic assessment of appropriate penalties.
D. Immediate cessation of manure application will also be enforced on sites where groundwater quality is adversely affected.
E. Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required by the Department to be maintained as a condition in a permit, or who alters or falsifies the results obtained by such devices or methods, shall be deemed to have violated a permit condition and shall be subject to the penalties provided for pursuant to 48-1-320 and 48-1-330 of the Code.
Part 200 - Animal Facilities (other than swine)
200.10. Purpose, Applicability, Inactive Facilities and Facilities Permitted Prior to the Effective Date of Regulation.
200.20. Permits and Compliance Period.
200.30. Exclusions.
200.40. Relationship To Other Regulations.
200.50. Permit Application Requirements (Animal Facility Management Plan Submission Requirements).
200.90. General Requirements for Animal Manure Lagoons, Treatment Systems, and Animal Manure Storage Ponds.
200.100. Manure Utilization Area Requirements.
200.110. Spray Application System Requirements.
200.120. Frequency of Monitoring for Animal Manure.
200.130. Dead Animal Disposal Requirements.
200.140. Other Requirements.
200.150. Odor Control Requirements.
200.160. Vector Control Requirements.
200.170. Record Keeping.
200.180. Reporting.
200.190. Training Requirements.
200.200. Violations.
200.10. Purpose, Applicability, Inactive Facilities and Facilities Permitted Prior to Effective Date of the Regulation.
A. Purpose.
1. To establish standards for the growing or confining of animals, processing of animal manure and other animal by-products, and land application of animal manure and other animal by-products in such a manner as to protect the environment, and the health and welfare of citizens of The State from pollutants generated by this process.
2. To establish standards, which consist of general requirements, constituent limits, management practices, and operational standards, for the utilization of animal manure and other animal by-products generated at animal facilities. Standards included in this part are for animal manure and other animal by-products applied to the land.
3. To establish standards for the frequency of monitoring and record keeping requirements for producers who operate animal facilities.
4. To establish standards for the proper operation and maintenance of animal facilities.
5. To establish criteria for animal facilities and manure utilization areas location as they relate to protection of the environment and public health. The location of animal facilities and manure utilization areas as they relate to zoning in an area is not covered in this regulation. Local county or municipal governments may have zoning requirements and these regulations neither interfere with nor restrict such zoning requirements. Permit applicants should contact local municipal and county authorities to determine any local requirements that may be applicable.
B. Applicability.
1. This part applies to:
a. All new animal facilities;
b. All expansions of existing animal facilities; and
c. New manure utilization areas for existing animal facilities.
2. This part applies to all animal manure and other animal by-products applied to the land.
3. This part applies to all land where animal manure and other animal by-products are applied.
C. Inactive Facilities.
1. If an animal facility is closed for two (2) years or less, a producer may renew operations of the facility under the same conditions by which it was previously permitted by notifying the Department in writing that the facility is being operated again.
2. For animal facilities that have been closed for more than two years but less than five years, the Department shall review the existing permit and modify its operating conditions as necessary prior to the facility being placed back into operation.
3. For all animal facilities that have been closed for five or more years, the producer shall properly close out any lagoon, treatment system or manure storage pond associated with the facility. The closeout shall be accomplished in accordance with Regulation 61-82. The permittee shall submit a closeout plan that meets at a minimum NRCS-CPS within a time frame prescribed by the Department. Additional time may be granted by the Department to comply with the closeout requirement or to allow the producer to apply for a new permit under this regulation, as appropriate.
4. If an animal facility closes for more than five years, the requirements under this part shall be met before the facility can renew operations.
D. Facilities Permitted Prior to the Effective Date of the Regulation.
1. All existing animal facilities with permits issued by the Department before June 28, 1998 do not need to apply for a new permit as they are deemed permitted (deemed permitted animal facilities) unless they have been closed for more than two years or expand operations. These facilities shall meet the following sections of Part 200: Section 200.20 (Permits and Compliance Period), Section 200.90.A., D., and J.-O. (General Requirements for Animal Manure Lagoons, Treatment Systems, and Animal Manure Storage Ponds), Section 200.100.B.1.-22. (Manure Utilization Area Requirements), Section 200.110.H.-I. (Spray Application System Requirements), Section 200.120.A., C.-D. (Frequency of Monitoring for Animal Manure), Section 200.130.A.,B., and C.2.-3. (Dead Animal Disposal Requirements), Section 200.140.A., C.-I. (Other Requirements), Section 200.150.B.-F. (Odor Control Requirements), Section 200.160.B.-D. (Vector Control Requirements), Section 200.170 (Record Keeping), Section 200.180 (Reporting), Section 200.190 (Training Requirements), and Section 200.200 (Violations). The capacity of a deemed permitted facility that does not have a lagoon is the number of animals permitted by the Department prior to the effective date of these regulations. For deemed permitted facilities with lagoons, the capacity is the maximum capacity of the existing lagoon as determined using the appropriate lagoon capacity design criteria of the United States Department of Agriculture's Natural Resource Conservation Service.
2. All existing animal facilities with permits issued by the Department between June 26, 1998 and the effective date of these regulations do not need to apply for a new permit if they hold a valid permit from the Department, unless they have been closed for more than two years. These facilities shall meet all the requirements of these regulations.
3. All existing animal facilities that were constructed and placed into operation prior to June 26, 1998, but have never received an agricultural permit from the Department, shall apply for a permit from the Department. This facility shall meet all the requirements of this regulation as the Department determines appropriate. The Department shall review the site and make a determination on a case-by-case basis on which requirements are applicable.
4. An existing animal facility may be required to obtain an updated Animal Facility Management Plan on a case-by-case basis by the Department. The Department shall notify the permittee in writing of this requirement. The permittee has six months from the date of notification to submit an updated Animal Facility Management Plan. Failure to submit the updated plan within this time frame is a violation of the Pollution Control Act and these regulations, and may result in permit revocation.
5. Both the setbacks and other requirements for manure utilization areas shall be met when a new manure utilization area is added by the owner of any animal facility regardless of when the facility was permitted.
6. If an existing animal facility regulated under this part proposes to convert to a swine facility, it shall be considered a new swine facility under these regulations. Converted facilities shall be permitted as new swine facilities and meet all criteria for new swine facilities before they begin operation as a swine facility.
200.20. Permits and Compliance Period.
A. Permit Requirement. Animal manure and other animal by-products from a new or expanded animal facility can only be generated, handled, stored, treated, processed, or land applied in the State in accordance with a permit issued by the Department under the provisions of this part. Existing producers that are required by the Department to update their Animal Facility Management Plan shall meet the requirements of this part to the extent practical as determined by the Department.
B. Permits issued under this regulation are no-discharge permits.
C. The requirements in this part shall be implemented through a permit issued to any producer who operates an animal facility where animal manure and other animal by-products are produced, processed, or disposed.
D. The requirements under this part may be addressed in permits issued to producers who only land apply animal manure and other animal by-products.
E. Notification Requirements. The permittee shall notify the Department in writing and receive written Departmental approval, except where noted otherwise, prior to any change in operational procedures at a permitted facility, including, but not limited to, the following:
1. Change in ownership and control of the facility. The Department has thirty days from the receipt of a notification of transfer of ownership to either: request additional information regarding the transfer or the new owner; deny the transfer; or approve the transfer of ownership. If the Department does not act within thirty days, the transfer is automatically approved. If additional information is requested by the Department in a timely manner, the Department shall act on this additional information, when it is received, within the same time period as the initial notification.
2. Increase in the permitted number of animals.
3. Addition of manure utilization areas.
4. Change in manure and other animal by-products treatment, handling, storage, processing, or utilization.
5. Change in method of dead animal disposal.
F. Permit Modification. Permit modifications for items 200.20.E.2 and 200.20.E.4 for facilities regulated under this part which will result in expansions shall adhere to the requirements of this part and other applicable statutes, regulations, or guidelines.
G. Permit modification for items 200.20.E.2 which result in an expansion may be required to obtain new written waivers or agreement for reduction of setbacks from adjoining property owners (if applicable).
200.30. Exclusions.
The following do not require permits from this part unless specifically required by the Department under item 200.30.G.
A. Existing animal facilities that are deemed permitted under Section 200.10.D.1 are excluded from applying for a new permit unless an expansion is proposed, new manure utilization areas are added, or as required by the Department. However, deemed permitted facilities shall meet the requirements of this regulation as outlined in Section 200.10.D (Purpose, Applicability, Inactive Facilities and Facilities Permitted Prior to the Effective Date of Regulation).
B. Except as given in Section 200.30.G, animal facilities with only ranged animals and no lagoon, treatment system, or manure storage pond is associated with the facility are excluded from obtaining a permit from the Department. The range area shall be of sufficient size to allow for natural degradation or utilization of the animal manure with no adverse impact to the environment. Ranged facilities shall also maintain adequate vegetative buffers between the animal range and waters of the State.
C. Except as given in Section 200.30.G, animal facilities, that do not have a lagoon, manure storage pond or liquid manure treatment system, having 10,000 pounds or less of normal production animal live weight at any one time are excluded from obtaining a permit from the Department, but these facilities shall have and implement an Animal Facility Management Plan for their facility that meets the requirements of this regulation.
D. Except as given in Section 200.30.G, animal facilities, that do not have a lagoon, manure storage pond or liquid manure treatment system, having more than 10,000 pounds of normal production animal live weight at any one time and having less than 30,000 pounds of normal production animal live weight at any one time are excluded from obtaining a permit from the Department. However, these facilities shall submit an Animal Facility Management Plan to the Department and implement an Animal Facility Management Plan for their facility that meets the requirements of this regulation.
E. Except as given in Section 200.30.G, animal facilities that are not classified as commercial facilities are excluded from obtaining a permit from the Department.
F. Except as given in Section 200.30.G, animal facilities that hold valid permits issued by the Department are not required to obtain a new permit if they decide to replace in kind any of the animal growing houses. If the permittee chooses to leave the old houses in place to utilize for another purpose other than housing animals, the Department shall perform a preliminary site inspection for the proposed location of the replacement houses and approve the site prior to construction.
G. Animal facilities exempted under Sections 200.30.A, B, C, D, E and F may be required by the Department to obtain a permit. The Department shall visit the site before requiring any of these facilities to obtain a permit.
200.40. Relationship to Other Regulations.
The following regulations are referenced throughout this part and may apply to facilities covered under this regulation.
A. Nuisances are addressed in Regulation 61-46.
B. Application and annual operating fees are addressed in Regulation 61-30.
C. The proper closeouts of wastewater treatment facilities are addressed in Regulation 61-82. This includes animal lagoons and manure storage ponds.
D. Permitting requirements for concentrated animal feeding operations as defined by Regulation 61-9 are contained in Regulation 61-9.
E. Setbacks and construction specifications for potable water wells and monitoring wells shall be in accordance with Regulation 61-71.
F. Permits for air emissions from incinerators are contained in Regulation 61-62.
G. Disposal of animal manure in a municipal solid waste landfill unit is addressed in Regulation 61-107.258.
H. Disposal of animal manure with domestic or industrial sludge is addressed in Regulation 61-9.
I. Procedures for contested cased are addressed in Regulation 61-72 and the Rules of the State's Administrative Law Judge Division.
J. Laboratory Certification is addressed in Regulation 61-81.
K. Water Classifications and Standards are addressed in Regulation 61-68.
200.50. Permit Application Procedures (Animal Facility Management Plan Submission Requirements).
A. Preliminary Site Evaluations. The Department shall perform a preliminary evaluation of the proposed site at the request of the applicant. Written requests for preliminary site inspection shall be made using a form, as designated by the Department. The Department shall not schedule a preliminary site inspection until all required information specified in the form has been submitted to the Department. This evaluation should be performed prior to preparation of the Animal Facility Management Plan. Once the preliminary site inspection is performed, the Department shall issue an approval or disapproval letter for the proposed site.
B. A producer who proposes to build a new animal facility or expand an existing animal facility shall make application for a permit under this part using an application form as designated by the Department. The following information shall be included in the application package.
1. A completed application form.
2. An Animal Facility Management Plan prepared by qualified Natural Resources Conservation Service personnel or a SC registered professional engineer. Other qualified individuals, such as soil scientists, etc., may prepare the land application component of an Animal Facility Management Plan. The Animal Facility Management Plan shall at a minimum contain:
a. Facility name, address, telephone number, county, and National Pollutant Discharge Elimination System Permit or other permit number (if applicable);
b. Facility location description and the zoning restrictions in this area (this information is available from the county);
c. Applicant's name, address, and telephone number (if different from above);
d. Operator's name;
e. Facility capacity;
i. Number and type of animals;
ii. Pounds of normal production animal live weight at any one time;
iii. Amount of animal manure and other animal by-products generated per year (gallons for liquid animal manure and pounds for dry animal manure);
iv. Amount in tons of any scraped or separated solid animal manure and other animal by-products generated per year (if applicable);
v. Description of animal manure and other animal by-products storage and storage capacity of lagoon, treatment system or manure storage pond (if applicable); and
vi. Description of animal manure and other animal by-products treatment (if any).
f. Concentration of constituents in liquid animal manure including but not limited to the constituents given below:
i. Nutrients.
(a) Nitrate (only needed for aerobic systems).
(b) Ammonium-Nitrogen.
(c) Total Kjeldahl Nitrogen (TKN).
(d) Organic-Nitrogen (TKN - Ammonium-Nitrogen).
(e) P2 O5.
(f) K2O (potash).
ii. Constituents.
(a) Arsenic.
(b) Copper.
(c) Zinc.
iii. Name, address, SC lab certification number, and telephone number of the laboratory conducting the analyses.
iv. For new animal facilities, liquid animal manure analysis information does not have to be submitted as the Department shall use manure analyses from similar sites or published data (such as: Clemson University, American Society of Agricultural Engineers, Midwest Planning Service Document, NRCS Technical Guide or equivalent) in review of the application. Analysis of the actual animal manure generated shall be submitted to the Department twelve months after a new animal facility starts operation or prior to the first application of animal manure to a manure utilization area, whichever occurs first. If this analysis is significantly different from the estimated analysis used in the permitting decision, the Department may require a permit modification as necessary to address the situation. Analysis shall be conducted by a laboratory certified by the Department. This laboratory shall have and maintain certification for the constituents to be analyzed.
g. Concentration of constituents in dry animal manure including but not limited to 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) P2 O5 (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).
iii. Name, address, SC lab certification number, and telephone number of the laboratory conducting the analyses.
iv. For new animal facilities, dry animal manure analysis information does not have to be submitted as the Department shall use manure analyses from similar sites or published data (such as: Clemson University, American Society of Agricultural Engineers, Midwest Planning Service Document, NRCS Technical Guide or equivalent) in review of the application. Analysis of the actual dry animal manure generated shall be submitted to the Department twelve months after a new animal facility starts operation or prior to the first application of animal manure to a manure utilization area which ever occurs first. If this analysis is significantly different from the estimated analysis used in the permitting decision, the Department may require a permit modification as necessary to address the situation. Analysis shall be conducted by a laboratory certified by the Department. This laboratory shall have and maintain certification for the constituents to be analyzed.
h. Animal manure and other animal by-products handling and application information shall be included as follows:
i. A crop management plan which includes the time of year of the animal manure application and how it relates to crop type, crop planting, and harvesting schedule (if applicable) for all manure utilization areas;
ii. Name, address, and telephone number of the producer(s) that will land apply the animal manure and other animal by-products if different from the permittee;
iii. Type of equipment used to transport and/or spread the animal manure and other animal by-products (if applicable); and
iv. For spray application systems, plans and specifications with supporting details and design calculations for the spray application system.
i. Facility and manure utilization area information shall be included (as appropriate):
i. Name and address of landowner and location of manure utilization area(s);
ii. List previous calendar years that animal manure was applied and application amounts, where available;
iii. Facility and manure utilization area location(s) on maps drawn to approximate scale including:
(a) Topography (7.5' or equivalent) and drainage characteristics (including ditches);
(b) Adjacent land usage (within 1/4 mile of property line minimum) and location of inhabited dwellings and public places showing property lines and tax map number;
(c) All known water supply wells on applicant's property and within 200 feet of the facility's property line or within 200 feet of any manure utilization areas;
(d) Adjacent surface water bodies (including ephemeral and intermittent streams);
(e) Animal manure utilization area boundaries and buffer zones;
(f) Right-of-Ways (Utilities, roads, etc.);
(g) Soil types as given by soil tests or soils maps, a description of soil types, and boring locations (if applicable);
(h) Recorded Plats, Surveys, or other acceptable maps that include property boundaries; and
(i) Information showing the 100-year floodplain (as determined by FEMA).
vi. For manure utilization areas not owned by the permit applicant, a signed agreement between the permit applicant and the landowner acceptable to the Department detailing the liability for the land application. The agreement shall include, at a minimum, the following:
(a) Producer's name, farm name and county in which the farm is located;
(b) Landowner's name, address, phone number;
(c) Location (map with road names and county identified) of the land to receive manure application;
(d) Field acreage, acreage less setbacks, and crops grown;
(e) Name of manure hauler;
(f) Name of manure applier;
(g) A statement that land is not included in any other management plans and manure or compost from another farm is not being applied on this land; and
(h) A signed statement which informs the landowner that he is responsible for spreading and utilizing this manure in accordance with the requirements of the Department and Regulation 61-43.
v. For other manure utilization areas that are included in multiple Animal Facility Management Plans, identify the names of all facilities that include this manure utilization area in their plan.
3. Groundwater monitoring well details and proposed groundwater monitoring program (if applicable).
4. The Animal Facility Management Plan shall contain an odor abatement plan for the animal facility, lagoon, treatment system, manure storage pond, and manure utilization areas. For more specific details, see Section 200.150 (Odor Control Requirements).
5. A Vector Abatement Plan shall be included for the animal facility, lagoon, treatment system or manure storage pond, and manure utilization areas. For more specific details see Section 200.160 (Vector Control Requirements).
6. Dead Animal Disposal Plan. The plan shall include written details for handling and disposal of dead animals. Plans should detail method of disposal, any construction specifications necessary, and management practices. See Section 200.130 (Dead Animal Disposal Requirements) for specific requirements on dead animal disposal.
7. Soil Monitoring Plan. A soil monitoring plan shall be developed for all manure utilization areas. See Section 200.100 (Manure Utilization Area Requirements) for more detailed information.
8. Plans and specifications for all other manure treatment or storage structures, such as holding tanks or manure storage sheds.
9. All "Notice of Intent to Build or Expand an Animal Facility" forms as provided by the Department and a tax map (or equivalent) to scale showing all neighboring property owners and identifying which property has inhabited dwellings. See Section 200.60 (Public Notice Requirements) for more detailed information.
10. An Emergency Plan. The emergency plan should at a minimum contain a list of entities or agencies the producer should contact in the event of lagoon, treatment system, or manure storage pond breach, major animal mortality, fire, flood or other similar type problem. For facilities in the coastal areas of the state, the emergency plan should address actions to be taken by a producer when advance warning is given on any extreme weather condition.
11. Adjoining property owners written agreement for reduction of setbacks (if applicable).
12. Application fee and first year's operating fee as established by Regulation 61-30.
C. The Department may request an applicant to provide any additional information deemed necessary to complete or correct deficiencies in the animal facility permit application prior to processing the application or issuing, modifying, or denying a permit.
D. Applicants shall submit all required information in a format acceptable to the Department.
E. An application package for a permit is complete when the Department receives all of the required information which has been completed to its satisfaction. Incomplete submittal packages may be returned to the applicant by the Department.
F. Application packages for permit modifications only need to contain the information applicable to the requested modification.
200.60. Public Notice Requirements.
A. For new animal facilities, the applicant shall notify all property owners within 1320 feet of the proposed location of the facility (footprint of construction) of the applicant's intent to build an animal facility. The applicant shall use a notice of intent form provided by the Department. The Department shall also post up to four notices on the perimeter of the property or in close proximity to the property, in visible locations as determined by the Department. The notice of intent shall advise adjoining property owners that they can send comments on the proposed animal facility directly to the Department.
B. For properties that have multiple owners or properties that are in an estate with multiple heirs, the Department, at the expense of the applicant, shall publish a notice of intent to construct an animal facility in a local paper of general circulation in the area of the facility. This notice in the newspaper shall serve as notice to these multiple property owners of the producer's intent to build an animal facility. The cost to run this notice is not included in the application fee, and therefore shall be billed directly to the permit applicant for payment. This notice fee shall be paid prior to the issuance of the permit.
C. For existing animal facilities seeking to expand their current operations, the Department shall post up to four notices on the perimeter of the property or in close proximity to the property, in visible locations as determined by the Department.
D. The Department shall review all comments received. If the Department receives twenty (20) or more letters from different people requesting a meeting or the Department determines significant comment exists, a meeting shall be held to discuss and seek resolution to the concerns prior to a permit decision being made. All persons who have submitted written comments shall be invited in writing to the meeting. First Class US mail service or hand delivery to the address of a person to be notified shall be used by the Department for the meeting invitation. However, if the Department determines that the number of persons who submitted written comments is significant, the Department shall publish a notice of the public meeting in a local newspaper of general circulation instead of notifying each individual by first class mail. In addition, the Department shall notify all group leaders and petition organizers in writing. Agreement of the parties is not required for the Department to make a permit decision.
E. When comments are received by electronic mail, the Department shall acknowledge receipt of the comment by electronic mail. These comments shall be handled in the same manner as written comments received by postal mail.
F. The Department shall consider all relevant comments received in determining a permit decision.
G. The Department shall give notice of the permit decision to issue or deny the permit to the applicant, all persons who commented in writing to the Department, and all persons who attended the meeting, if held. First Class US mail service shall be used by the Department for the notice of decision. However, if the Department determines that members of the same group or organization have submitted comments or a petition, the Department shall only notify all group leaders and petition organizers in writing. The Department shall ask these leaders and organizers to notify their groups or any concerned citizens who signed the petitions.
H. For permit issuances, the Department shall publish a notice of issuance of a permit to construct or expand an animal facility in a local newspaper of general circulation in the area of the facility.
I. For permit denials, the Department shall give the permit applicant a written explanation, which outlines the specific reasons for the permit denial.
J. For permit denials, the Department shall publish a notice of decision in a local newspaper of general circulation in the area of the facility or send each concerned citizen who submitted written comments a letter by first class mail.
K. The Department shall include, at a minimum, the following information in the public notices on permit decisions: the name and location of the facility; a description of the operation and the method of manure handling; instructions on how to appeal the Department's decision; the time frame for filing an appeal; the date of the decision; and the date upon which the permit becomes effective.
200.70. Permit Decision Making Process.
A. No permit shall be issued before the Department receives a complete application for a permit.
B. The agricultural program of the Department is not involved in local zoning and land use planning. Local government(s) may have more stringent requirements for agricultural animal facilities. The permittee is responsible for contacting the appropriate local government(s) to ensure that the proposed facility meets all the local requirements.
C. 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 Animal Facility 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.
D. A site inspection shall be made by the Department before a permit decision is made.
E. The Department shall act on all permits to prevent, so far as reasonably possible considering relevant standards under state and federal laws, an increase in pollution of the waters and air of the State from any new or enlarged sources.
F. The setback limits given in this part are minimum siting requirements (with exception to those that are not labeled as minimum requirements, which are absolutes). On a case-by-case basis the Department may require additional separation distances applicable to animal facilities, lagoons, treatment systems, manure storage ponds, and manure utilization areas. The Department shall evaluate the proposed site including, but not limited to, the following factors when determining if additional distances are necessary:
1. Proximity to 100-year floodplain;
2. Geography and soil types on the site;
3. Location in a watershed;
4. Classification or impairment of adjacent waters;
5. Proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; State Approved Source Water Protection Area; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;
6. Proximity to other known point source discharges and potential nonpoint sources;
7. Slope of the land;
8. Animal manure application method and aerosols;
9. Runoff prevention;
10. Adjacent groundwater usage;
11. Down-wind receptors; and
12. Aquifer vulnerability.
G. The appeal of a permit decision is governed by the SC Administrative Procedures Act, Regulation 61-72, and the Rules of the State's Administrative Law Judge Division.
H. When a permit is issued it shall contain an issue date, an effective date and when applicable a construction expiration date. The effective date shall be at least twenty (20) days after the issue date to allow for any appeals. If a timely appeal is not received, the permit shall be effective on the effective date.
I. The permit may contain a permit expiration date. If a facility is classified as a CAFO under the NPDES Regulation 61-9, the expiration date shall be no more than five years after the issue date.
J. An expired permit (final expiration date for renewal) issued under this part continues in effect until a new permit is effective if the permittee submits a complete application, to the satisfaction of the Department, at least 180 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 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 within 30 days of when they go out of business.
K. The animal facility, lagoon, treatment system, or manure storage pond can be built only when the permit is effective with no appeals pending. The facility cannot be placed into operation until the Department grants written authorization to begin operations.
L. To receive authorization to begin operations, the producer shall have the preparer of the Animal Facility Management Plan submit to the Department written certification that the construction has been completed in accordance with the approved Animal Facility Management Plan and the requirements of this regulation.
M. The Department may conduct a final inspection before granting authorization to a producer to begin operations.
N. The Department shall grant written authorization for the producer to begin operations after it has received the certification statement in 200.70.L and the results of the final inspection, if conducted, are satisfactory.
O. Animal Facility Construction Permit Expiration and Extensions.
1. Construction permits issued by the Department for agricultural animal facilities shall be given two years from the effective date of the permit to start construction and three years from the effective date of the permit to complete construction.
2. If the construction proposed under the permit is not started prior to the construction start expiration date, the construction permit is invalid unless an extension in accordance with this regulation is granted.
3. If construction is not completed and the facility is not placed into operation prior to the construction completion expiration date, the construction permit is invalid unless an extension in accordance with this regulation is granted.
4. If a portion of the permitted facility (some of the animal growing house are completely constructed, but not all houses originally permitted were constructed) is completed prior to the construction completion expiration date, the construction for the remainder of the permit may be utilized within the permit life. The permittee shall obtain Departmental approval prior to utilizing the permit in this manner. The Department may require that the permittee submit additional information or update the Animal Facility Management Plan prior to approval.
5. Extensions of the permit construction start and completion expiration dates may be granted by the Department. The permittee shall submit a written request explaining the delay and detailing any changes to the proposed construction. This request shall be received not later than 10 days prior to the date that the permittee proposes to extend. The maximum extension period shall not exceed one year.
200.80. Facility, Lagoon, Treatment Systems and Manure Storage Pond Siting Requirements.
A. Siting requirements applicable to all animal facilities.
1. The minimum separation distance between an animal facility (animal growing areas, houses, pens or barns, not including range areas or manure utilization areas) and a public or private drinking water well (excluding the applicant's well) is 200 feet. The minimum separation distance between an animal facility and a potable water well owned by the applicant is 50 feet (as required by R.61-71).
2. The minimum separation distance between an animal facility and waters of the State (including ephemeral and intermittent streams) located down slope from the facility is 100 feet. The setbacks required from ephemeral and intermittent streams may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
3. Except for site drainage, the minimum separation distance required between an animal facility and a ditch or swale located down slope from the facility is 50 feet. The setbacks required from ditches may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
4. A new animal facility or an expansion of an established animal facility shall not be located in the 100-year floodplain.
5. The separation distance required between the animal facility or growing areas (pens or barns not including range areas) and the lot line of real property owned by another person is 200 feet or 1000 feet from the nearest residence, whichever is greater, when the normal production animal live weight at any time is 500,000 pounds or less.
6. The separation distance required between the animal facility or growing areas (pens or barns not including range areas) and the lot line of real property owned by another person is 400 feet or 1000 feet from the nearest residence, whichever is greater, when the normal production animal live weight at any time is greater than 500,000 pounds.
B. Siting requirements applicable to all animal lagoons, treatment systems, and manure storage ponds.
1. The minimum separation distance between a lagoon, treatment system, or manure storage pond and a public or private drinking water well (excluding the applicant's well) is 200 feet. The minimum separation distance between an animal lagoon, treatment system, or manure storage pond and a potable water well owned by the applicant is 100 feet.
2. The minimum separation distance between an animal lagoon, treatment system, or manure storage pond and ephemeral and intermittent streams located down slope from the facility is 100 feet. The setback from ephemeral and intermittent streams may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
3. Except for site drainage, the minimum separation distance required between an animal lagoon, treatment system, or manure storage pond and a ditch or swale located down slope from the facility is 50 feet. The setback from ditches may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
4. The minimum separation distance required between an animal lagoon, treatment system, or manure storage pond and waters of the state (not including ephemeral and intermittent streams) located down slope from the facility is 100 feet. If the waters of the State are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon, treatment system, or manure storage pond and waters of the State is 500 feet.
5. A new animal lagoon, treatment system, or manure storage pond or an expansion of an established animal lagoon, treatment system, or manure storage pond shall not be located in the 100-year floodplain.
6. The separation distance required between a lagoon, treatment system, or manure storage pond and real property owned by another person is 300 feet or 1000 feet from the nearest residence, whichever is greater, when the normal production animal live weight at any time is 500,000 pounds or less.
7. The separation distance required between a lagoon, treatment system, or manure storage pond and real property owned by another person is 500 feet or 1000 feet from the nearest residence, whichever is greater, when the normal production animal live weight at any time is greater than 500,000 pounds.
C. Siting requirements applicable to all dry animal manure and other animal by products treatment or storage facilities (including, but not limited to, stacking sheds and manure or dead animal composters).
1. The minimum separation distance between a dry animal manure and other animal by-products treatment or storage facility and a public or private drinking water well (excluding the applicant's well) is 100 feet. The minimum separation distance between a dry animal manure and other animal by-products treatment or storage facility and a potable water well owned by the applicant is 50 feet.
2. Except for site drainage, the minimum separation distance required between a dry animal manure and other animal by-products treatment or storage facility and a ditch or swale located down slope from the facility is 50 feet. The setback from ditches may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
3. The minimum separation distance between a dry animal manure and other animal by-products treatment or storage facility and waters of the State including ephemeral and intermittent streams located down slope from the facility is 100 feet. The setback from ephemeral and intermittent streams may be reduced by the Department, if a permanent vegetative water quality buffer, that meets NRCS standards at a minimum, is installed and maintained.
4. A new dry animal manure and other animal by-products treatment or storage facility or an expansion of an established dry animal manure and other animal by-products treatment or storage facility shall not be located in the 100-year floodplain.
5. The separation distance required between a dry animal manure and other animal by-products treatment or storage facility operated at an animal growing facility and the lot line of real property owned by another person shall be equivalent to the setback required for the animal growing areas or houses.
6. The minimum separation distance required between a dry animal manure and other animal by-products treatment or storage facility operated by a manure broker and the lot line of real property owned by another person is 200 feet. However, the Department shall evaluate each proposed site to consider increasing this minimum amount, when the amount of manure stored, treated or processed at this facility is significant.
D. Water (a pond) that is completely surrounded by land owned by the permit applicant and has no connection to surface water is excluded from the setback requirements outlined in this part.
E. All lagoon and manure storage pond setbacks contained in this part shall be measured from the outside toe of the dike.
F. The setback limits given in this part are minimum siting requirements, except those not labeled as minimum requirements, which are absolutes. On a case-by-case basis the Department may require additional separation distances for the minimum setbacks applicable to animal facilities. See Section 200.70.F. (Permit Decision Making Process), which outlines some of the factors considered to determine if additional setbacks should be required.
G. The separation distances for property lines given in Section 200.80.A, B, and C above can be waived or reduced by written consent of the adjoining property owner. Written consent is not needed when the Department reduces the distances under the requirements of Part 300.
H. The separation distances to the property lines of adjacent land as provided in Section 200.80.A, B and C above do not apply to an animal facility, lagoon, treatment system, or manure storage pond which is constructed or expanded, if the adjoining land is owned and managed by a professional silvicultural corporation, is currently in agricultural crop production, or is zoned for agricultural land use. However, the separation distances for residences shall be met by the animal facility, lagoon, treatment system, or manure storage pond, unless a written waiver from the property owner has been obtained.
200.90. General Requirements for Animal Manure Lagoons, Treatment Systems, and Animal Manure Storage Ponds.
A. The lagoon, treatment system, or manure storage pond shall be designed by a professional engineer or an NRCS engineer and the construction shall be certified by the design engineer. It is a violation of these regulations and the Pollution Control Act for the owner or operator of the facility to make modifications or physical changes to the lagoon, treatment system, or manure storage pond without the prior approval of the Department and supervision of NRCS or a professional engineer. Plans and specifications for lagoon, treatment system, or manure storage pond modifications shall be designed and certified by NRCS or a professional engineer and submitted to the Department for approval prior to the modification.
B. Animal manure lagoons and manure storage ponds shall be designed at a minimum to NRCS-CPS. The lagoon or manure storage pond shall be designed to provide a minimum storage for manure, wastewater, normal precipitation less evaporation, normal runoff, residual solids accumulation, capacity for the 25 year - 24 hour storm event (precipitation and associated runoff) and at least one and one half (1 1/2 ) feet of freeboard.
C. All lagoons and storage ponds shall be provided with a liner, designed with an initial specific discharge rate of less than 0.0156 feet/day in order to protect groundwater quality. When lagoons or manure storage ponds are lined only using soils with low permeability rates (e.g., clay), the Department shall require appropriate documentation to demonstrate that the computed soil permeability rates of the liner are sufficiently low or certification from the preparer of the Animal Facility Management Plan that the NRCS design standards for lining lagoons and/or manure storage ponds with soils have been met. When geomembrane liners are utilized, they shall be designed, at a minimum, to meet NRCS-CPS.
D. If seepage results in either an adverse impact to groundwater or a significant adverse trend in groundwater quality occurs as determined by the Department, the lagoon or manure storage pond shall be repaired at the owner's or operator's expense. Assessment and/or additional monitoring (more wells, additional constituents, and/or increased sampling frequency) may be required by the Department to further assess the extent of the seepage. The repairs and/or assessment shall be completed in accordance with an implementation schedule approved by the Department. The Department may require groundwater corrective action.
E. Manure shall not be placed directly in or allowed to come into contact with groundwater and/or surface water. The minimum separation distance between the lowest point of the lagoon or manure storage pond and the seasonal high water table beneath the lagoon or manure storage pond is 2 feet. If a geomembrane liner is installed, the minimum separation distance is one foot from the seasonal high water table. Designs that include controlled drainage for water table adjustment shall be evaluated by the Department on a case-by-case basis, and may include additional monitoring and groundwater control requirements. If a design is proposed for water table adjustment, the design shall not impact wetlands.
F. Monitoring wells may be required by the Department on a case-by-case basis upon Department review of the submittal package.
G. A groundwater monitoring plan shall be submitted with the permit application to the Department. All applicable State certification requirements regarding well installation, laboratory analyses and report preparation shall be met. Each groundwater monitoring well installed shall be permitted and shall be sampled at least once annually by qualified personnel at the expense of the permittee. The results shall be submitted to the Department in accordance with the specified permit requirements. Groundwater Sampling results shall be maintained by the producer for eight years. The Department may conduct routine and random visits to the animal facility to sample the monitoring wells.
H. Prior to operation of the lagoon or manure storage pond, all monitoring wells shall be sampled in accordance with the parameters identified in the permit such that a background concentration level can be established.
I. Before the construction of a lagoon and/or a manure storage pond, the owner or operator shall remove all under-drains that exist from previous agricultural operations that are under the lagoon or manure storage pond and/or within twenty-five (25) feet of the outside toe of the proposed lagoon or manure storage pond dike. This requirement does not include under-drains that are approved as a part of designs that include controlled drainage for water table adjustment.
J. Proper water levels in lagoons and manure storage ponds, as per plans and specifications, shall be maintained at all times by the permittee. The Department may require specific lagoon or manure storage pond volume requirements in permits.
K. If a lagoon, treatment system, or manure storage pond, or both, breaches or fails in any way, the owner or operator of the animal facility shall immediately notify the Department, the appropriate local government officials, and the owners or operators of any potable surface water treatment plant located downstream from the animal facility that could reasonably be expected to be adversely impacted.
L. Lagoons and manure storage ponds shall be completely enclosed with an acceptable fence, unless a fence waiver is obtained from the Department.
M. Lagoons and manure storage ponds shall have at least four warning signs posted around the perimeter of the structure. These signs should read, "Warning - Deep and Polluted Water", and one should be posted on each side of the lagoon or manure storage pond.
N. Vegetation on the dikes and around the lagoon, treatment system or manure storage pond should be kept below a maximum height of eighteen inches. Trees or deeply rooted plants shall be prevented from growing on the dikes or within 25 feet of the outside toe of the dikes of the lagoon, treatment system or manure storage pond.
O. Livestock or other animals that could cause erosion or damage to the dikes of the lagoon, treatment system, or manure storage pond shall not be allowed to enter the lagoon, treatment system or manure storage pond, or graze on the dike or within 25 feet of the outside toe of the dike.
P. The Department shall require existing facilities, regardless of size, with a history of manure handling, treatment, and disposal problems related to a lagoon, to phase out the existing lagoon and incorporate new technology.
200.100. Manure Utilization Area Requirements.
A. Application Rates. The Department shall approve an Animal Facility Management Plan that establishes an application rate for each manure utilization area based on the agronomic application rate of the specific crop(s) being grown, and the manure and other animal by-products impact on the environment. The application rate shall be based on the limiting constituent (a nutrient or other constituent as given in item 200.100.B).
B. Constituent Limits for Land Application of Liquid and Dry Animal manure and other animal by-products and Operational Practices for Land Application.
1. Liquid and dry animal manure and other animal by-products. Animal manure and other animal by-products containing only the standard constituents at normal concentrations as given by commonly accepted reference sources, such as Clemson University, American Society of Agricultural Engineers, Midwest Planning Service Document, or NRCS, can be land applied at or below agronomic rates without any specific constituent limits in a permit. When the animal manure analysis indicates there are levels of arsenic, copper, zinc, or other constituents of concern, the Department shall establish constituent limits in permits for each constituent of concern to ensure the water quality standards of Regulation 61-68 are maintained. For these cases 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 cumulative constituent loading rate for the constituent in Table 1 of Section 200.100; or
ii. The concentration of each constituent in the animal manure and other animal by-products shall not exceed the concentration for the constituent in Table 2 of Section 200.100.
b. Constituent concentrations and loading rates - animal manure and other animal by-products.
i. Cumulative constituent loading rates.
TABLE 1 OF Section 200.100 - 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 200.100 - 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 200.100 - 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 constituents 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 producer shall apply animal manure and other animal by-products subject to the cumulative constituent loading rates in Table 1 of Section 200.100.B.1 to land if any of the rates in Table 1 of Section 200.100.B.1 have been reached.
e. No producer shall apply animal manure and other animal by-products or animal lagoon sludge to land during a 365-day period after the annual application rate in Table 3 of Section 200.100.B.1 has been reached.
f. If animal manure subject to the cumulative constituent loading rates in Table 1 of Section 200.100.B.1 has not been applied to the site, those cumulative rates apply.
g. If animal manure and other animal by-products subject to the cumulative constituent loading rates in Table 1 of Section 200.100.B.1 has 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 200.100.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 producer who confines animals 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. Animal manure and other animal by-products shall not be applied to land that is saturated from recent precipitation, flooded, frozen, or snow-covered. Animal manure and other animal by-products shall not be applied during inclement weather or when a significant rain event is forecasted to occur within 48 hours.
4. Animal manure and other animal by-products shall not be placed directly in groundwater.
5. The land application equipment, when used once or more per year, shall be calibrated at least annually by the producer. A permit may require more frequent calibrations to ensure proper application rates. The two most recent calibration records should be retained by the producer 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.
6. No producer shall apply animal manure and other animal by-products to the land except in accordance with the requirements in this part.
7. A producer who supplies animal manure and other animal by-products to another person for land application shall provide the person who will land apply the manure and other animal by-products with the concentration of plant available nitrogen, phosphorus, potassium and the concentration of all other constituents listed in the permit. The producer shall also supply the person who will land apply the manure with a copy of the crop management plan included in their Animal Facility Management Plan or a copy of the Land Application Requirements brochure approved by the Department which outlines the land application requirements and responsibility for proper management of animal manure.
8. Animal manure and other animal by-products shall not be applied to or discharged onto a land surface when the vertical separation between the ground surface and the seasonal high water table is less than 1.5 feet at the time of application unless approved by the Department. 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.
9. Soil sampling (usually 6-8 inch depth) shall be conducted for each field prior to manure application to determine the appropriate application rate. Each field should be sampled at least once per year. If manure application frequency shall be less than once per year, then at least one soil sample shall be taken prior to returning to that field for land application. 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). 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.
10. Soil sampling to a depth of eighteen inches shall be performed within 45 days after each application of animal manure, but no more than two times per year if the application frequency is more than twice per year. This sampling shall be performed for at least three years after the initial application on at least one representative manure utilization area for each crop grown to verify the estimated calculated manure application rates for the utilization areas. The date of manure application and the date of sampling shall be carefully recorded. The sampling shall be conducted at depths of zero to six inches, six to twelve inches, and twelve to eighteen inches with nitrates and phosphorus being analyzed.
11. The results of the pre-application and post-application sampling shall be used by the producer to adjust as necessary, the amount of animal manure to be applied to a manure utilization area to meet the agronomic application rate for the crop(s) to be grown. These results shall be submitted to the Department at the time of application for permit renewal.
12. Additional soil sampling to greater depths may be required by the Department on a case-by-case basis to ensure there is no potential for groundwater contamination. The permit shall give the appropriate depth and frequency for all soil sampling.
13. The permittee shall obtain information needed to comply with the requirements in this part.
14. All persons who routinely accept manure from a producer, in quantities greater than twelve tons per recipient per year, shall be listed in the approved Animal Facility Management Plan. The Animal Facility Management Plan shall include the appropriate manure utilization area information for the sites routinely used by other persons. The producer 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). The person accepting the manure may be required by the Department to have an Animal Facility Management Plan and a permit for their manure utilization areas.
15. All persons who accept manure from a producer, regardless of whether the land is included in the waste management plan, are responsible for land applying the manure in accordance with these requirements. The Department may require the person(s) land applying the manure to correct any problems that result from the application of manure.
16. Animal manure shall not be applied to cropland more than 30 days before planting or during dormant periods for perennial species, unless otherwise approved by the Department in an emergency situation.
17. When the Department receives nuisance complaints on a land application site, the Department may restrict land application of animal manure on weekends.
18. The Department may require manure, spread on cropland, to be disked in immediately.
19. 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 48 hours.
20. Manure 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.
21. If the manure is stockpiled more than three (3) days, the manure shall be stored on a concrete pad or other approved pad (such as plastic or clay lined) and covered with an acceptable cover to prevent odors, vector attraction, and runoff. The cover should be properly vented with screen wire to let the gases escape. The edges of the cover should be properly anchored.
22. Producers who contract to transfer the animal manure and other animal by-products produced at their facility to a manure broker shall obtain and submit for approval an updated Animal Facility Management Plan if they discontinue using the designated broker or if the manure broker goes out of the manure brokering business.
C. Setbacks for manure utilization areas.
1. The minimum separation distance in feet 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 applied up to the property line. The 300-foot setback is waived with the consent of the owner of the residence. If the application method is injection or immediate incorporation, manure may be applied up to the property line. The setbacks are imposed at the time of application. The Department may impose these setbacks on previously approved sites to address problems on a case-by-case basis.
2. The minimum separation distance in feet required between a manure utilization area and waters of the State (including ephemeral and intermittent streams) located down slope from the area is 100 feet when spray application is the application method or when the 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 hours of the initial application, the distance can be reduced to 50 feet.
3. The minimum separation distance in feet required between a manure utilization area and ditches and swales, located down slope from the area, that discharge to waters of the State including ephemeral and intermittent streams is 50 feet.
4. The minimum separation distance in feet required between a manure utilization area and a potable drinking water well is 100 feet.
5. The Department may establish in permits 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, aquifer vulnerability, and potential for vectors and odors.
6. Water (pond) that is completely surrounded by land owned by the applicant and has no connection to surface water is excluded from the setback requirements outlined in this part.
D. 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 State Approved Source Water Protection Area, and depth to the seasonal high groundwater table.
E. 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 land grant universities (in the southeast) published lime and fertilizer recommendations (such as the Lime and Fertilizer Recommendations, Clemson Extension Services, Circular 476).
F. 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, and 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.
G. 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.
200.110. Spray Application System Requirements.
A. Spray application of liquid animal manure using irrigation equipment. This includes all methods of surface spray application, including but not limited to, fixed gun application, traveling or mobile gun application, or center pivot application.
B. Manure utilization area slopes shall not exceed 10 percent unless approved by the Department. The Department may require that slopes be less than 10% based on site conditions.
C. Animal manure distribution systems shall be designed so that the distribution pattern optimizes uniform application.
D. Hydraulic Application Rates.
1. Application rates shall normally be based on the agronomic rate for the crop to be grown at the manure utilization area. As determined by soil conditions, the hydraulic application rate may be reduced below the agronomic rate to ensure no surface ponding, runoff, or excessive nutrient migration to the groundwater occurs.
2. The hydraulic application rate may be limited based on constituent loading including any constituent required for monitoring under this regulation.
E. Animal manure and other animal by products shall not be land applied or discharged onto a land surface when the vertical separation between the ground surface and the seasonal high water table is less than 1.5 feet at the time of application, unless approved by the Department on a case-by-case basis. 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.
F. Conservation measures, such as terracing, strip cropping, etc., may be required in specific areas determined by the Department as necessary to prevent potential surface runoff from entering or leaving the manure utilization areas. The Department may consider alternate methods of runoff controls that may be proposed by the applicant, such as berms.
G. A system for monitoring the quality of groundwater may also be required for the proposed manure utilization areas. The location of all the monitoring wells shall be approved by the Department. The number of wells, constituents to be monitored, and the frequency of monitoring shall be determined on a case-by-case basis based upon the site conditions such as type of soils, depth of water table, etc.
H. If an adverse trend in groundwater quality is identified, further assessment and/or corrective action may be required. This may include an alteration to the permitted application rate or a cessation of manure application on the impacted area.
I. Spray application systems should be designed and operated in such a manner to prevent drift of liquid manure onto adjacent property.
200.120. Frequency of Monitoring for Animal Manure.
A. The producer shall be responsible for having representative samples of the animal manure collected and analyzed at least once per year and when the feed composition significantly changes. The constituents to be monitored shall be given in the permit. The analyses should be used to determine the amount of animal manure to be land applied. In order to ensure that the permitted application rate (normally the agronomic rate) is met, the application amount shall be determined using a rolling average of the previous analyses. The Department shall establish minimum requirements for the proper method of sampling and analyzing of animal manure. Facilities with permits that do not specify which constituents to monitor shall monitor for Ammonium-Nitrogen, Total Kjeldahl Nitrogen (TKN), Organic Nitrogen (Organic Nitrogen = TKN - Ammonium Nitrogen), P2 O5, and K2O.
B. The Department may require nitrogen, potassium, phosphorus, the constituents listed in Table 1 and Table 2 of Section 200.100, and any other constituent contained in a permit to be monitored prior to each application.
C. Permittees do not have to analyze for any constituent that they can demonstrate to the satisfaction of the Department is not present in their animal manure.
D. All monitoring shall be done in accordance with collection procedures in Standard Methods for Analysis of Water and Wastewater or other Department guidelines. Analysis shall be conducted by a laboratory certified by the Department. This laboratory shall have and maintain certification for the constituents to be analyzed.
200.130. Dead Animal Disposal Requirements.
A. Dead animal disposal shall be as specified in the approved Animal Facility Management Plan. The Dead Animal Disposal Plan should include the following:
1. Primary Method for the handling and disposal of normal mortality at the facility.
2. Alternate Method for the handling and disposal of excessive mortality on the farm. The normal method of disposal may not be sufficient to handle an excessive mortality situation. Each producer should have an emergency or alternate method to dispose of excessive mortality. Excessive mortality burial sites shall be approved by the Department prior to utilization.
B. Burial.
1. Burial pits may be utilized for emergency conditions, when the primary method of disposal is not sufficient to handle excessive mortality.
2. Burial pits shall not be located in the 100-year floodplain.
3. Soil type shall be evaluated for leaching potential.
4. Burial pits shall not be located or utilized on sites that are in areas that may adversely impact surface or groundwater quality or further impact impaired water bodies.
5. The bottom of the burial pit may not be within 2 feet of the seasonal high groundwater level.
6. No burial site shall be allowed to flood with surface water.
7. Animals placed in a burial site shall be covered daily with sufficient cover (6 inches per day) to prohibit exhumation by feral animals.
8. When full, the burial site should be properly capped (minimum 2 feet) and grassed to prohibit erosion.
9. Proposed burial pit sites shall be approved by the Department. The Department may conduct a geologic review of the proposed site prior to approval.
10. The Department may require the producer to utilize another method of dead animal disposal if burial is not managed according to the Dead Animal Disposal Plan or repeated violations of these burial requirements occur or adverse impact to surface or groundwater is determined to exist.
11. The Department may require groundwater monitoring for dead animal burial pits on a case-by-case basis. The Department shall consider all of the facts including, but not limited to, the following: depth to the seasonal high water table; aquifer vulnerability; proximity to a State Approved Source Water Protection Area; groundwater use in the area; distance to adjacent surface waters; number of dead animals buried; and frequency of burial in the area.
C. Incinerators.
1. For animal facilities proposing an incinerator for dead animal disposal, either a permit for the air emissions shall be obtained from the Department's Bureau of Air Quality before the incinerator can be built or the following criteria shall be met in order to qualify for an exemption from an air permit:
a. The emission of particulate matter shall be less than one pound per hour at the maximum rated capacity;
b. The incinerator shall be a package incinerator and have a rated capacity of 500 pounds per hour or smaller which burns virgin fuel only; and
c. The incinerator shall not exceed an opacity limit of 10%.
2. Incinerators used for dead animal disposal shall be properly operated and maintained. Operation shall be as specified in the owner's manual provided with the incinerator. The owner's manual shall be kept on site and made available to Department personnel upon request.
3. The use of the incinerator to dispose of waste oil, hazardous, or any other waste chemical is prohibited. The use of the incinerator shall be limited to dead animal disposal only unless otherwise approved by the Department's Bureau of Air Quality.
D. Composters. Composters used for dead animal disposal shall be designed by a professional engineer or an NRCS representative and operated in accordance with the approved Animal Facility Management Plan.
E. Disposal of dead animals in a municipal solid waste landfill shall be in accordance with Regulation 61-107.258.
F. Disposal of animal carcasses or body parts into manure lagoons, manure treatment systems, manure storage ponds, waters of the State, ephemeral and intermittent streams, ditches, and swales is prohibited.
G. Other methods of dead animal disposal that are not addressed in this regulation may be proposed in the Dead Animal Disposal Plan.
200.140. Other Requirements.
A. There shall be no discharge of pollutants from the operation into surface waters of the State (including ephemeral and intermittent streams). There shall be no discharge of pollutants into groundwater, which could cause groundwater quality not to comply with the groundwater standards established in South Carolina Regulation 61-68.
B. 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.
C. 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 potential to 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.
D. 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 Regulation 61-68 or a significant adverse trend occurs, the Department may require the producer 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 producer to remediate the water to within acceptable levels as set forth in Regulation 61-68.
E. No manure may be released from the premises of an animal facility to waters of the State (including ephemeral and intermittent streams) unless a permit pursuant to Section 402 or 404 of the CWA has been issued by the Department.
F. Animal medical waste cannot be disposed into animal lagoons, treatment systems, or manure storage ponds or land applied with animal manure and other animal by-products.
G. In the event of a discharge from an animal facility or an animal lagoon, treatment system, or manure storage pond, the owner or operator is required to notify the Department immediately, within 24 hours of the discharge.
H. When the Department determines that a nuisance exists at an animal facility, the permittee shall take action to correct the nuisance to the degree and within the time frame designated by the Department.
I. Permittees shall maintain all-weather access roads to their facilities at all times.
J. The body of vehicles transporting manure shall be wholly enclosed and while in transit, be kept covered with a canvas 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 manure, the owner/operator shall take immediate steps to clean up the manure.
200.150. Odor Control Requirements.
A. The Animal Facility Management Plan shall contain an odor abatement plan for the animal facility, lagoon, treatment system, manure storage pond, and manure utilization areas, which may consist of the following:
1. Operation and maintenance practices which are used to eliminate or minimize undesirable odor levels in the form of a Best Management Plan for Odor Control;
2. Use of treatment processes for the reduction of undesirable odor levels;
3. Additional setbacks from property lines beyond the minimum setbacks given in this part;
4. Other methods as may be appropriate; or
5. Any combination of these methods.
B. Producers shall utilize Best Management Practices normally associated with the proper operation and maintenance of an animal facility, lagoon, treatment system, manure storage pond, and any manure utilization area to ensure an undesirable level of odor does not exist.
C. No producer may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the Department. When an odor problem comes to the attention of the Department through field surveillance or specific complaints, the Department shall determine if the odor is at an undesirable level.
D. After determining an undesirable level of odor exists, the Department shall require remediation of the undesirable level of odor.
E. The Department may require these abatement or control practices, including, but not limited to the following:
1. Remove or dispose of odorous materials;
2. Methods in handling and storage of odorous materials that minimize emissions;
a. Dry manure to a moisture content of 50% or less;
b. Use disinfection to kill microorganisms present in manure;
c. Aerate manure;
d. Compost solid manure and other animal by-products;
e. Utilize Odor Control Additives.
3. Prescribed standards in the maintenance of premises to reduce odorous emissions;
a. Filtration (biofilters or other filter used to remove dust and odor) of ventilation air;
b. Keep animals clean or separate from manure;
c. Adjust number of animals confined in the pens or paddocks in accordance with Clemson University Animal Space Guidelines.
d. Increase the frequency of manure removal from animal houses;
e. Keep feeding areas dry, and minimize waste feed accumulation;
f. Maintain feedlot surfaces in a dry condition (25%-40% moisture content), with effective dust control;
g. Maintain the dead animal disposal system;
h. Cover or reduce the surface area of manure and other animal by-products storage. (Vents shall be provided for the release of pressure created by manure gases if completely sealed covers are used);
i. Plant trees around or downwind of the manure and other animal by-products storage and treatment facilities;
j. Incorporate manure and other animal by-products immediately after land application;
k. Select appropriate times for land application.
4. Best Available Technology to reduce odorous emissions.
F. If the permittee fails to control or abate the odor problems at a land application site to the satisfaction and within a time frame determined by the Department, approval for land application of manure on the manure utilization area in question may be revoked. Additional land may be required to be added to the Animal Facility Management Plan, if necessary to provide a sufficient amount of land for manure utilization.
200.160. Vector Control Requirements.
A. Vector Abatement Plan. The Vector Abatement Plan shall at a minimum consist of the following:
1. Normal management practices used at the animal facility, lagoon, treatment system, manure storage pond, and manure utilization areas to ensure there is no accumulation of organic or inorganic materials to the extent and in such a manner as to create a harborage for rodents or other vectors that may be dangerous to public health.
2. A list of specific actions to be taken by the producer if vectors are identified as a problem at the animal facility, lagoon, treatment system, manure storage pond, or any manure utilization area. These actions should be listed for each vector problem, e.g., actions to be taken for fly problems, actions to be taken for rodent problems, etc.
B. No producer may cause, allow, or permit vectors to breed or accumulate in quantities that result in a nuisance level, as determined by the Department.
C. The Department shall require remediation of the problem to the satisfaction of the Department, after determining a vector problem exists.
D. The Department may require abatement or control practices, including, but not limited to the following:
1. Remove and properly dispose of vector infested materials;
2. Methods in handling and storage of materials that minimize vector attraction;
a. Remove spilled or spoiled feed from the house as soon as practicably possible not to exceed 48 hours, unless otherwise approved by the Department;
b. Remove and properly dispose of dead animals as soon as practicably possible not to exceed 24 hours, unless otherwise approved by the Department;
c. Increase the frequency of manure removal from animal houses;
d. Prevent solids buildup in the pit storage or on the floors or walkways;
e. Remove excess manure packs along walls and curtains;
f. Compost solid manure and other animal by-products;
g. Appropriately use vector control chemicals, poisons or insecticides (take caution to prevent insecticide resistance problems);
h. Utilize traps, or electrically charged devices;
i. Utilize biological agents;
j. Utilize Integrated Pest Management;
k. Incorporate manure and other animal by-products immediately after land application.
3. Prescribed standards in the maintenance of premises to reduce vector attraction;
a. Remove any standing water that may be a breeding area for vectors;
b. Keep animals clean or separated from manure;
c. Keep facility clean and free from trash or debris;
d. Properly utilize and service bait stations;
e. Keep feeding areas dry, and minimize waste feed accumulation;
f. Keep grass and weeds mowed around the facility and manure storage or treatment areas;
g. Properly maintain the dead animal disposal system;
h. Cover or reduce the surface area of manure and other animal by-products storage. (Vents shall be provided for release of pressure created by manure gases if completely sealed covers are used);
i. Properly store feed and feed supplements;
j. Conduct a weekly vector monitoring program;
k. Be aware of insecticide resistance problems, and rotate use of different insecticides;
l. Prevent and repair leaks in waterers, water troughs or cups;
m. Provide grading and drainage around the buildings to prevent rain water from entering the buildings or ponding around the buildings.
4. Utilize the best available control technology to reduce vector attraction and breeding.
200.170. Record Keeping.
A. A copy of the approved Animal Facility Management Plan, including approved updates, and a copy of the permit(s) issued to the producer shall be retained by the permittee for as long as the animal facility is in operation.
B. All application information submitted to the Department shall be retained by the permittee for eight years. However, if the facility was permitted prior to June 26, 1998, and the permittee has previously discarded these documents since there was no requirement to maintain records at that time, this requirement shall not apply.
C. Records shall be developed for each manure utilization area. These records shall be kept for eight years. The records shall include the following:
1. For each time animal manure and other animal by-products are applied to the site, the amount of animal manure and other animal by-products applied (in gallons per acre or pounds per acre, as appropriate), the date and time of application, and the location of application.
2. All sampling results for animal manure that is land applied;
3. All soil monitoring results;
4. All groundwater monitoring results, if applicable; and
5. Crops grown.
D. Records for the facility to include the following:
1. Monthly animal count; and
2. Mortality count and method of disposal.
E. Records for lagoon or manure storage pond operations to include the following:
1. Monthly water levels of the lagoon and manure storage pond; and
2. All groundwater monitoring results, if applicable.
F. All records retained by the producer shall be kept at either the facility, an appropriate business office, or other location as approved by the Department.
G. All records retained by the producer shall be made available to the Department during normal business hours for review and copying, upon request by the Department.
200.180. Reporting.
A. Large animal facilities (greater than 500,000 pounds normal production live weight) are required to submit an annual report, on a form approved by the Department. The Department may establish reporting requirements in permits as it deems appropriate. These reporting requirements may include the following:
1. All manure sampling results for the last year and the latest rolling average concentration for the land limiting constituent;
2. All soil monitoring results;
3. All groundwater monitoring results, if applicable;
4. Calculated (permitted application rate) application rates for all manure utilization areas; and
5. The adjusted application rates, if applicable, based on the most recent animal manure sampling, soil samples, and crop yield(s). The application rate change could also be due to a change in field use, crop grown or other factors.
B. The Department may require small animal facilities (500,000 pounds or less of normal production live weight) to submit annual reports on a case-by-case basis.
C. The Department may establish permit conditions to require a facility to complete and submit a comprehensive report every five years. The Department shall review this report to confirm that the permitted nutrient application rates have not been exceeded. Based on the results of the review, additional soil and/or groundwater monitoring requirements, permit modification, and/or corrective action may be required.
200.190. Training Requirements.
A. An operator of an animal facility or manure utilization area shall attend a training program on the operation of animal manure management under the program created by Clemson University.
B. Operators of new animal facilities and large animal facilities (greater than 500,000 pounds normal production live weight) shall be required to obtain certification under the program created by Clemson University. The Department may also require existing operators with documented violations to obtain certification under Clemson's program.
C. The training and certification program shall be completed by operators of new facilities within one year of the effective date of the issued permit.
D. The training and/or certification program shall be completed by operators of existing facilities within two years of the effective date of this regulation.
E. Training and/or certification shall be maintained as long as the facility remains in operation.
F. Failure to obtain the training and/or certification as provided in this Section shall be deemed a violation of this Regulation.
200.200. Violations.
A. Persons who violate this regulation or any permit issued under this regulation are subject to the penalties in Sections 48-1-320 (Criminal Penalties) and 48-1-330 (Civil Penalties) of the South Carolina Pollution Control Act.
B. Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required by the Department to be maintained as a condition in a permit, or who alters or falsifies the results obtained by such devices or methods, shall be deemed to have violated a permit condition and shall be subject to the penalties provided for pursuant to 48-1-320 and 48-1-330 of the Code.
Part 300 - Innovative and Alternative Technologies.
300.10. General.
300.20. Submittal Requirements.
300.30. Requirements in Lieu of Requirements Under Part 100 and Part 200 of This Regulation.
300.40. Innovative and Alternative Treatment Technologies.
300.50. Exceptional Quality Compost.
300.60. Public Notice Requirements.
300.10. General.
A. The Department supports and encourages the use of appropriate innovative and alternative technologies.
B. When innovative or alternative technology is proposed for an agricultural facility for manure and other animal by-products handling, treatment, storage, processing, or utilization, a meeting should be held with the Department prior to the submittal of the project. The purpose of the meeting is for the applicant and the Department to go over the proposed project and the purpose and expected benefits from the use of the innovative or alternative technology.
300.20. Submittal Requirements.
A. When innovative or alternative technology is proposed for an agricultural facility for manure and other animal by-products handling, storage, treatment, processing, or utilization, the applicant shall provide to the Department the submittal information contained in Sections 100.50 or 200.50, as appropriate, and a detailed project report which explains the innovative or alternative technology and the purpose and expected benefits of the proposal.
300.30. Requirements in Lieu of Requirements Under Part 100 or Part 200 of This Regulation.
A. When the Department determines that appropriate alternative or innovative technology is being proposed, the specific requirements given in Part 100 and 200 of this regulation which deal with the purpose or expected benefits of the technology may not have to be met except when required by a specific statute or the Department after review of the project. Requirements in Part 100 that apply to large swine facilities with 1,000,000 pounds or more normal production live weight shall not be reduced or waived.
B. The Department shall review the project and determine the purpose or benefits of the proposed innovative or alternative technology and determine which requirements under Part 100 or 200 do not have to be met and the appropriate requirements to be used in lieu of the requirements in Part 100 or 200.
C. When an alternative or innovative technology is proposed, the review criteria shall be established on a case-by-case basis by the Department when the project is received.
D. When alternative or innovative technology is utilized at an animal facility, the setbacks given in Part 100 or 200 may be reduced by the Department as appropriate. Requirements in Part 100 that apply to large swine facilities with 1,000,000 pounds or more normal production live weight shall not be reduced or waived.
300.40. Innovative and Alternative Treatment Technologies.
A. The following is a list of innovative or alternative technologies for agricultural facilities to consider. This list is not exhaustive. Other processes exist and new technologies are being developed.
1. Aerobic treatment systems or combination aerobic/anaerobic systems;
2. Artificial (constructed) wetlands use for treatment;
3. Use of steel tanks;
4. Use of solid separators;
5. Methane Gas Recovery Systems;
6. Surface Water Discharge Systems;
7. Composting manure solids;
8. Bioreactors;
9. Covered liquid or slurry manure storage;
10. Air Scrubbers;
11. Ozonation;
12. Alternative Fuels.
B. At a minimum, the preparer of the agricultural Animal Facility Management Plan should consider the technologies given in 300.40.A for use at a proposed agricultural facility when the Animal Facility Management Plan is being developed.
C. When odors exist or are reasonably expected to exist at an undesirable level, the Department may require the use of appropriate innovative or alternative treatment technology to eliminate the odors or the potential for odors.
D. When the Department determines under Section 100.70.G. (Permit Decision Making Process) that there is reasonable potential for cumulative or secondary impacts due to methane gas from facilities, the Department may require the use of methane gas recovery systems or other appropriate technology to eliminate the potential impacts.
300.50. Exceptional Quality Compost.
A. When the Department determines that the composting of solid animal manure and other animal by-products is performed in such a manner that the odor and vector attraction potential is reduced and the controlled microbial degradation of the organic manure and other animal by-products has been accomplished, this material may be considered exceptional quality compost. Exceptional quality compost may be sold or distributed without regulation by the Department, if it meets the requirements of this part. The Department shall review and approve the composter design and proposal for operation and distribution of the composted product. Composting systems shall be designed by a professional engineer or an engineer with the Natural Resources Conservation Service.
B. Composting can be subject to nuisance problems such as odors, dusts and vector attraction. Therefore, the composting facility shall incorporate measures to control such conditions. An Odor and Vector Abatement Plan shall be developed for a composting facility.
C. Compost Product Quality Standards.
1. Product Standards are necessary to protect public and environmental health and to ensure a measure of commercial acceptability.
a. Based on EPA standards for pathogen reduction, the time/temperature conditions required are equivalent to an average of 128 F (53 C) for 5 consecutive days, 131 F (55 C) for 2.6 consecutive days, or 158 F (70 C) for 30 minutes.
b. The composted product shall meet or exceed the minimum standard of mature or very mature compost as set forth in the USDA Test Methods for the Examination of Composting and Compost (TMECC) Section 05.02-G CQCC Maturity Index. A maturity rating shall be given based upon the Maturity Assessment Matrix given in this method.
c. When land applied, the compost shall adhere to requirements for constituent concentrations and loading rates as outlined in Part 100.100, Part 200.100, or Part 400.60.
2. Compost products which meet these standards and also comply with pathogen quality and vector attraction standards are considered to be of exceptional quality and can be used without regulatory oversight, other than the compliance of agronomic application rates based on product analysis.
3. If the Department determines that the composting system is not being operated properly or that the composted product is not of an Exceptional Quality, the composted product shall be handled in accordance with the land application requirements of Part 100, 200 or 400 (as applicable) of these regulations.
4. An operable thermometer capable of measuring temperatures within a compost pile shall be kept at the composting facility for monitoring the temperature of each compost pile or batch. A written log of the daily temperature reading should be kept for each batch of compost. Temperatures shall not be allowed to rise above 180 F (82 C), which may cause combustion in the compost pile and start a fire.
5. The composted product shall be analyzed by Clemson University or another Department approved laboratory. The composted product content information along with recommended application rates shall be distributed with the product. The consumer shall be advised that the composted product shall be applied at an agronomic rate.
300.60. Public Notice Requirements.
A. When the Department permits an alternative or innovative technology, the notice on the issuance of the permit required under Sections 100.60.H. or 200.60.H. shall contain a general description of the innovative or alternative process and a summary of the expected benefits.
Part 400 - Manure Broker Operations.
400.10. Purpose and Applicability.
400.20. Permits and Compliance Period.
400.30. Relationship to Other Regulations.
400.40. Permit Application Procedures (Broker Management Plan Submission Requirements).
400.50. Permit Decision Making Process.
400.60. Manure Utilization Area Requirements.
400.70. Other Requirements.
400.80. Odor Control Requirements.
400.90. Vector Control Requirements.
400.100. Record Keeping
400.110. Reporting.
400.120. Training Requirements.
400.130. Violations.
400.10. Purpose and Applicability.
A. Purpose.
1. To protect the environment and the health and welfare of citizens of the State from pollutants generated by the processing, treatment and land application of dry animal manure and other animal by-products.
2. To establish standards, which consist of general requirements, constituent limits, management practices, and operational standards, for the use of dry animal manure and other animal by-products generated at animal facilities. Standards are included in this part for dry animal manure and other animal by-products applied to the land.
3. To establish standards for the frequency of monitoring and record keeping requirements for brokers who operate dry animal manure and other animal by-products handling businesses.
4. To establish standards for the proper operation and maintenance of dry animal manure and other animal by-products treatment and storage facilities associated with manure brokering operations.
5. To establish criteria for dry animal manure and other animal by-products storage facilities and manure utilization areas location as they relate to protection of the environment and public health. The location of dry animal manure and other animal by-products storage facilities and manure utilization areas as they relate to zoning in an area is not covered in this regulation. Local county or municipal governments may have zoning requirements and these regulations neither interfere with nor restrict such zoning requirements. Permit applicants should contact local municipal and county authorities to determine any local requirements that may be applicable.
B. Applicability.
1. This part applies to:
a. All new and expanding dry manure brokering operations;
b. All dry animal manure and other animal by-products treatment or storage facilities operated by brokers; and
c. Permanent manure utilization areas added to a manure broker management plan.
2. This part applies to all dry animal manure and other animal by-products taken, bought, given or sold by a manure broker.
3. This part applies to all land where dry animal manure and other animal by-products bought, given, taken or sold by a manure broker is applied.
4. This part applies to out-of-state and in-state based manure brokers who accept manure and other animal by-products from agricultural animal facilities located in the State.
5. This part applies to all manure brokers who bring animal manure and other animal by-products from other states into the state of South Carolina.
6. Part 200.80 C. (Dry Animal manure and other animal by-products Treatment and Storage Facility Siting Requirements) of this regulation applies to dry animal manure and other animal by-products treatment or storage facilities proposed by brokers.
7. If a manure broker proposes to handle, process, treat, or store liquid animal manure as a part of the operation, the requirements of this part shall be met, at a minimum. However, the Department may require that the applicant meet additional requirements applicable to liquid manure that are included in Part 100 and Part 200.
8. Existing brokers that hold a valid permit from the Department are deemed permitted under this regulation, and do not need to apply for a new permit. The deemed permitted brokers shall meet all the requirements of this part.
400.20. Permits and Compliance Period.
A. Permit Requirement. Animal manure and other animal by-products from an animal facility with dry manure handling can only be handled, stored, treated, processed, or land applied in the State in accordance with a permit issued by the Department. The handling, storage, treatment, and final utilization of animal manure and other animal by-products from a manure broker operation shall be permitted under the provisions of this part before the broker can operate in the State.
B. Notification Requirements. The permittee shall notify the Department in writing and receive written Departmental approval, prior to any change in operational procedures in a permitted broker operation, including, but not limited to, the following:
1. Change in operations or in manure and other animal by-products treatment, handling, or utilization;
2. Change in contracts routinely used in manure and other animal by-products transfers; or
3. Termination of operations.
400.30 Relationship to Other Regulations.
The following regulations are referenced throughout this part and may apply to facilities covered under this regulation.
A. Nuisances are addressed in Regulation 61-46.
B. Application and annual operating fees are addressed in Regulation 61-30.
C. The proper closeouts of wastewater treatment facilities are addressed in Regulation 61-82. This regulation includes animal manure treatment lagoons and manure storage ponds.
D. Permitting requirements for concentrated animal feeding operations as defined by Regulation 61-9 are contained in Regulation 61-9.
E. Setbacks and construction specifications for potable water wells and Monitoring wells shall be in accordance with Regulation 61-71.
F. Permits for air emissions from incinerators are contained in Regulation 61-62.
G. Disposal of animal manure in a municipal solid waste landfill unit is addressed in Regulation 61-107.258.
H. Disposal of animal manure with domestic or industrial sludge is addressed in Regulation 61-9.
I. Procedures for contested cased are addressed in Regulation 61-72 and the Rules of the State's Administrative Law Judge Division.
J. Laboratory Certification is addressed in Regulation 61-81.
K. Water Classifications and Standards are addressed in Regulation 61-68.
400.40. Permit Application Procedures (Broker Management Plan Submission Requirements).
A. A broker who proposes to operate a dry animal manure brokering operation or expand an existing operation shall make application for a permit under this part using an application form as designated by the Department. The following information shall be included in the application package.
1. A completed application form.
2. A Broker Management Plan prepared by qualified Natural Resources Conservation Service personnel, a SC registered professional engineer, or other qualified individuals, such as soil scientists. The Comprehensive Nutrient Management Plan shall at a minimum contain:
a. Brokering Operation name, address, telephone number, county, and permit number (if applicable);
b. Applicant's name, address, and telephone number (if different from above);
c. Broker'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). Facility shall meet the siting requirements outlined in Section 200.80.C of this regulation;
e. Animal manure and other animal by-products handling and application information shall be included as follows:
i. A general 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) in general 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 with general crop information for the entire State;
ii. Type of equipment used to transport and/or spread the animal manure and other animal by-products (if applicable);
iii. Description of services provided by the broker (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 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 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. Soil Monitoring Plan. A soil monitoring plan shall be developed for all broker 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 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 Regulation 61-30.
B. The Department may request an applicant to provide any additional information deemed necessary to complete or correct deficiencies in the broker 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 may 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, which has been completed to its satisfaction.
E. Application packages for permit modifications only need to contain the information applicable to the requested modification.
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 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, at the expense of the applicant, shall publish a notice of issuance of a permit to operate a dry animal manure brokering operation in a local newspaper of general circulation in the area of the broker's base of operations.
E. For permit denials, the Department shall give the permit applicant a written explanation, which outlines the specific reasons for the permit denial.
F. The appeal of a permit decision is governed by the SC Administrative Procedures Act, Regulation 61-72, and the Rules of the State's Administrative Law Judge Division.
G. When a permit is issued, it shall contain an issue date and an effective date. The effective date shall be at least twenty (20) days after the issue date to allow for any appeals. If a timely appeal is not received, the permit is effective.
H. Permits issued under this part for broker operations shall be renewed at least every five years. However, subsequent to the issuance of a permit, if the broker operation is not in operation or production for two consecutive years, the permit is no longer valid and a new permit shall be obtained. If the Broker does not apply for permit renewal or does not fulfill the requirements of the permit renewal, the permit is terminated.
I. An expired broker 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 120 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 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.
J. The Department shall review all broker operation records for permit renewal at the time of application. The Department may require that routine application sites are added to the broker management plan. 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 these regulations.
K. The brokering operation can only be built (if a manure storage or treatment facility was included) or operated when the permit is effective with no appeals pending. The dry animal manure and other animal by-products treatment or storage facility cannot be placed into operation until the Department grants written authorization to begin operations.
L. For manure brokers who do not have any constructed facilities associated with their operations, the Department shall issue a permit to operate with an effective date. Once this permit is effective, with no appeals pending, the broker may begin operations. No additional written authorization from the Department shall be required.
M. For manure brokers who are permitted to construct a storage or treatment facility associated with the brokering operation, authorization to begin operations shall be obtained prior to operation. To receive authorization to begin operations, the broker shall have the preparer of the Broker 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 Management Plan and the requirements of this regulation.
N. The Department may conduct a final inspection of any dry animal manure and other animal by-products treatment or storage facilities before granting authorization to a broker to begin operations (if applicable).
O. The Department shall grant written authorization for the broker 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.
400.60. Manure Utilization Area Requirements.
A. Application Rates. The Department shall approve a Broker 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.
C. Requirements for the land application of animal manure and other animal by-products.
1. Animal manure and other animal by-products shall not be applied to land that is saturated from recent precipitation, flooded, frozen, or snow-covered. Animal manure and other animal by-products shall not be applied during inclement weather, or when a significant rain event is forecasted to occur within 48 hours.
2. Animal manure and other animal by-products shall not be placed directly in groundwater.
3. Animal manure shall not be applied to cropland more than 30 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 person who land applies animal manure; more frequent calibrations may be required in a permit to ensure that proper application rates are being attained. 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) P2 O5 (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, and telephone number of the laboratory conducting the analyses.
c. Analysis shall be conducted by 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).
8. An animal producer who supplies animal manure to a broker shall provide the broker with the concentration of plant available nitrogen, phosphorus, potassium and the concentration of all other constituents listed in the permit. Unless the broker is providing an additional service of performing the manure analysis, which shall be agreed upon up-front in the manure transfer contract.
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 soil sample should be taken prior to returning to that field for land application again. This sample shall not be more than one year old. 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. Soil phosphorus shall be addressed according to NRCS-CPS in the broker management plan. 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 twelve (12) tons per recipient per year. The contract should contain, at a minimum, the following information:
a. Name, address, county and telephone number of the person who is purchasing or accepting animal manure and other animal by-products;
b. Manure nutrient composition (pounds per ton of Plant Available Nitrogen, Phosphorus, and Potassium) to be filled in or provided by the broker. This information shall be obtained from the manure analysis results and the broker shall provide this information on the manure transfer contract;
c. Land Application Field Information:
i. Physical Description (acreage, crop, soil type);
ii. Soil Test Results (Phosphorus, 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).
d. 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.
e. Description of application equipment and name of person to land apply manure;
f. Signed agreement that informs the land owner that he is responsible and liable for land applying the animal manure and other animal by-products in accordance with these regulations; and
g. A copy of the land application requirements shall be provided to the recipient of the manure.
13. All persons who routinely accept manure and other animal by-products, in quantities greater than twelve 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 dry manure prior to land application. The livestock producer is responsible for removing all dead animals from the manure prior to transfer. Manure brokers may not accept manure that contains dead animals, unless the broker 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. When the Department receives nuisance 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 manure, 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 opposite dwellings.
18. Any manure that contains fly larvae and fly pupae shall be disked into the ground immediately or be 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. Manure 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. Should the manure be stockpiled more than three (3) days, the manure shall be stored on a concrete pad and/or other acceptable means and covered with an acceptable cover to prevent odors, vectors and runoff. 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 and other manure transporters shall use all sanitary precautions in the collection, storage, transportation, and spreading of manures. 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 manure, the owner/operator shall take immediate steps to clean up the manure.
D. Setbacks for manure utilization areas.
1. The minimum separation distance in feet required between a manure utilization area and a residence is located 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, manure can be utilized up to the property line.
2. The minimum separation distance in feet 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 hours of the initial application, the distance can be reduced to 50 feet.
3. The minimum separation distance in feet 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 in feet required between a manure utilization area and a potable drinking water well is 100 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, and depth to groundwater.
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 land grant universities (in the southeast) published lime and fertilizer recommendations (such as the Lime and Fertilizer Recommendations, Clemson Extension Services, Circular 476).
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, size of manure utilization 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.
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) from animal manure handling, storage, treatment, or utilization practices are documented, through monitoring levels exceeding the standards set forth in Regulation 61-68 or a significant adverse trend occurs, the Department may require the person responsible for the animal manure 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 Regulation 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.
400.80. Odor Control Requirements.
A. An odor abatement plan shall be included, which may consist of the following:
1. Operation and maintenance practices which are used to eliminate or minimize undesirable odor levels in the form of a Best Management Plan for Odor Control;
2. Use of treatment processes for the reduction of undesirable odor levels;
3. Additional setbacks from property lines beyond the minimum setbacks given in this part;
4. Other methods as may be appropriate; or
5. Any combination of these methods.
B. Person(s) who transport, treat, store or land apply manure and other animal by-products shall utilize Best Management Practices normally associated with the proper operation and maintenance of an animal manure and other animal by-products treatment or storage facility and any manure utilization area to ensure an undesirable level of odor does not exist.
C. No person(s) who transport, treat, store or land apply manure and other animal by-products may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the Department. When an odor problem comes to the attention of the Department through field surveillance or specific complaints, the Department shall determine if the odor is at an undesirable level.
D. After determining an undesirable level of odor exists, the Department shall require remediation of the undesirable level of odor.
E. The Department may require these abatement or control practices:
1. Remove or dispose of odorous materials;
2. Methods in handling and storage of odorous materials that minimize emissions;
a. Dry manure to a moisture content of 50% or less;
b. Use disinfection to kill microorganisms present in manure;
c. Aerate manure;
d. Compost solid manure and other animal by-products;
e. Utilize Odor Control Additives.
3. Prescribed standards in the maintenance of premises to reduce odorous emissions;
a. Cover or reduce the surface area of manure and other animal by-products storage. (Vents shall be provided for release of pressure created by manure gases if completely sealed covers are utilized);
b. Plant trees around or downwind of the manure and other animal by-products storage and treatment facilities;
c. Incorporate manure and other animal by-products immediately after land application;
d. Select appropriate times for land application.
4. Best available control technology to reduce odorous emissions.
F. If the permittee fails to control or abate the odor problems at a land application site to the satisfaction and within a time frame determined by the Department, approval for land application of manure on the manure utilization area in question may be revoked. Additional land may be required to be added to the animal facility management plan, if necessary to provide a sufficient amount of land for manure utilization.
400.90. Vector Control Requirements.
A. 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). The Vector Abatement Plan shall at a minimum consist of the following:
1. Normal management practices used at the dry animal manure and other animal by-products storage or treatment facility to ensure there is no accumulation of organic or inorganic materials to the extent and in such a manner as to create a harborage for rodents or other vectors that may be dangerous to public health.
2. A list of specific actions to be taken by the broker if vectors are identified as a problem at the dry animal manure and other animal by-products storage or treatment facility or land application site. These actions should be listed for each vector problem, e.g., actions to be taken for fly problems, actions to be taken for rodent problems, etc.
3. If the broker is not performing land application, but is only transferring the manure to a person who is accepting responsibility for handling the manure in accordance with these regulations, the person accepting the manure shall be responsible for correcting any nuisance problems resulting from the land application of manure.
B. No broker may cause, allow, or permit vectors to breed or accumulate in quantities that result in a nuisance level, as determined by the Department.
C. After determining a vector problem exists, the Department shall require remediation of the problem to the satisfaction of the Department.
D. The Department may require abatement or control practices, including, but not limited to the following:
1. Remove and properly dispose of vector infested materials;
2. Methods in handling and storage of materials that minimize vector attraction;
a. Compost solid manure;
b. Appropriately use vector control chemicals, poisons or insecticides (take caution to prevent insecticide resistance problems);
c. Utilize traps, or electrically charged devices;
d. Utilize biological agents;
e. Utilize Integrated Pest Management;
f. Incorporate manure and other animal by-products immediately after land application.
3. Prescribed standards in the maintenance of premises to reduce vector attraction;
a. Remove any standing water that may be a breeding area for vectors;
b. Keep storage and/or treatment facilities clean and free from trash or debris;
c. Properly use and service bait stations;
d. Keep grass and weeds mowed around the manure storage and/or treatment areas;
e. Cover or reduce the surface area of manure and other animal by-products storage. (Vents shall be provided for release of pressure created by manure gases if completely sealed covers are used);
f. Conduct a weekly vector monitoring program;
g. Be aware of insecticide resistance problems, and rotate use of different insecticides;
h. Ensure proper grading and drainage around the buildings to prevent rain water from entering the buildings or ponding around the buildings.
4. Utilize the best available control technology to reduce vector attraction and breeding.
400.100. Record Keeping.
A. A copy of the approved Broker Management Plan, including approved updates, and a copy of the permit(s) issued to the broker shall be retained by the permittee for as long as the broker is in operation.
B. All application information submitted to the Department shall be retained by the permittee for eight years. However, if the facility was permitted prior to the effective date of this regulation, and the permittee has previously discarded these documents since there was no requirement to maintain records at that time, this requirement shall not apply.
C. Animal manure Records. These records shall be kept for four years. The records shall include the following:
1. Name, address, county and phone number of all producers from whom the broker purchases or accepts animal manure;
2. Sampling results for the animal manure;
3. Amount (in tons) of animal manure obtained from each producer; and
4. Date of transfer.
D. All completed Manure Transfer contracts, including soil analysis results, between the broker and the person(s) purchasing or accepting animal manure shall be kept by the broker for eight years.
E. All records retained by the broker shall be kept at an appropriate business office, or other location as approved by the Department.
F. All records retained by the broker shall be made available to the Department during normal business hours for review and copying, upon request by the Department.
400.110. Reporting.
A. The Department may establish reporting requirements in permits as it deems appropriate. These reporting requirements may include the following:
1. Manure Balance Sheet. Listing the producer/farm name and amount (tons) of manure provided and a listing of all person(s) who bought or accepted animal manure and the amount (tons) accepted. Any manure that is currently in storage or treatment structures at the broker facility shall be accounted for in this report.
B. The Department may require on a case-by-case basis any of the required records, as outlined in section 400.100, to be reported on an annual basis.
400.120. Training Requirements.
A. An operator of a manure brokering business shall be trained on the operation of animal manure management under the poultry version of the certification program created by Clemson University. The certification shall be obtained within one year of the effective date of the issued permit.
B. Failure to obtain the training and education as provided in this Section shall be deemed a violation of this Regulation and a violation of the permit.
400.130. Violations.
A. Persons who violate this regulation or any permit issued under this regulation are subject to the penalties in Sections 48-1-320 (Criminal Penalties) and 48-1-330 (Civil Penalties) of the South Carolina Pollution Control Act.
Part 500 - Integrator Registration Program.
500.10. General.
500.20. Submittal Requirements.
500.30. Certificate of Integrator Registration.
500.40. Reporting.
500.50. Other Requirements.
500.60. Violations.
500.10. General.
A. The Department encourages Integrators to be involved with the permitting and compliance of their growers.
B. The Department encourages Integrators to assist growers in the disposal of dead animals and the proper utilization of animal manure.
C. Integrating companies shall inform each prospective grower that they are required by State law to obtain a permit from the Department. The Department recommends that growers verify an exemption status from the Department prior to construction of an agricultural animal facility.
500.20. Submittal Requirements.
A. Each integrating company that contracts with animal producers that operate facilities located within the State shall submit to the Department a Request for Registration form, as provided by the Department. The integrator shall work with the Department to identify growers that are unpermitted. The Department may schedule an annual inspection in order to review grower lists and identify unpermitted farms. The integrator shall provide the Department any additional information needed to contact unpermitted growers contracting with their company. Existing Integrators or integrating companies shall submit a request form to the Department no later than one year after the effective date of these regulations.
B. Animal Manure Analysis Information. If the producers that contract with the integrator use the same feed rations and have dry animal manure analyses that come out to be consistently the same, they may qualify to use one analysis for their individual testing requirement. However, if any of these producers utilize a different feed ration, utilize a significant amount of medications as compared to the others, or use any other inconsistent bedding materials, animal manure treatments or vector treatments, they shall be required to run a separate and individual analysis on their animal manure. The Integrator is responsible for notifying the Department of any significant feed composition changes. This benefit shall not be available to liquid manure handling systems, since other factors specific to each site, such as rainfall could affect the nutrient analysis of the manure.
C. If an integrating company can certify through general feed composition reports that a certain constituent, such as arsenic, is not present in their feed or medications, the producers that contract with that integrator may be exempt from testing for that constituent. The integrator shall submit a written request, along with general feed composition reports, and a list of growers who are using this feed ration. The Department shall approve this report in writing before the constituent can be removed from the analysis requirements. Each grower who is included in this exemption shall be notified in writing by the Department.
D. Swine Integrators must submit a plan addressing cumulative environmental and public health impacts of their contracted facilities with their first request for integrator certification. The plan must cover the integrator's existing contract growers and the projected 3 year increase in the number of permitted facilities and swine. The plan must include:
1. The general area served by the integrator;
2. The number of existing swine facilities under contract;
3. The number of swine grown (broken down by facility);
4. The number of projected new facilities (broken down by facility size) with the total number of swine;
5. The integrating company's: procedures, protocols, policies, programs, required manure treatment and utilization technologies, etc. to ensure the cumulative impacts from their contracted facilities do not cause any adverse impact to the environment or public health; and
6. An assessment of the adverse environmental or public impact, if any, from the existing and proposed swine facilities under contract with the integrator.
E. The Swine Integrator must also provide to the Department any other supplemental information that may reasonably be required by the Department to assess cumulative adverse environmental or public health impacts.
F. The environmental and public health impact assessment plan must be approved by the Department before integrator certification can be granted. Once approved, the integrator may update the plan at any time. Also, the Department may require the plan be updated from time to time.
G. All permits for growers under contract with the integrator must be in accordance with the integrator's approved plan.
500.30. Certificate of Integrator Registration.
A. The Department shall issue a certificate of integrator registration to integrators or integrating companies that meet all the requirements of this part.
B. All integrators or integrating companies shall hold a valid certificate of registration to operate in the State.
C. Certificates of integrator registration issued under this part do not have any administrative procedures for public notice under these regulations.
D. The certificate of integrator registration may be modified, revoked or reissued if the requirements of this part are not met by the integrator or integrating company.
500.40. Reporting.
A. The Department may establish reporting requirements for integrators as it deems appropriate. These reporting requirements may include the following:
1. General feed composition reports. Feed composition reports provided in accordance with this section shall be exempt from disclosure under the Freedom of Information Act; and
2. A list of any special treatments or chemicals added to the manure or manure storage structure that are required by the integrator.
500.50. Other Requirements.
A. An integrator or integrating company shall not knowingly provide animals to an animal facility that does not hold a valid agricultural permit from the Department. Any existing, unexpired contracts may be fulfilled, but the integrator may not renew the contract until the facility has obtained a valid permit. The Department shall allow a grace period of at least one year for existing unpermitted farms.
B. The integrator or integrating company shall take reasonable steps to ensure that the animal facilities that are under contract with the company are trained and educated on compliance with their permit to include the following:
1. Notify growers of their responsibility to update their Animal Facility Management Plan and permit if changes are made in the operation of the farm; and
2. Provide information on technical assistance to its growers on compliance and assist the producers in selecting a corrective action.
500.60. Violations.
A. Persons who violate this regulation or any permit issued under this regulation are subject to the penalties in Sections 48-1-320 (Criminal Penalties) and 48-1-330 (Civil Penalties) of the South Carolina Pollution Control Act.
Part 600 - Severability
A. Should a section, paragraph, sentence, clause, phrase, or other part of this regulation be declared invalid for any reason, the remainder shall not be affected.
61-44. Individual Residential Well and Irrigation Well Permitting.
(Statutory Authority: 1976 Code Sections 48-1-10 et seq. and 44-55-10 et seq.)
Table of Contents:
A. Purpose and Scope.
B. Definitions.
C. General.
D. Notice of Intent, Permit, and Approval.
E. Emergency Well Replacement.
F. General Permit Fee.
G. Reference.
H. Enforcement.
I. Violations, Penalties.
J. Severability.
A. PURPOSE AND SCOPE.
1. This regulation, promulgated pursuant to the authority of the Pollution Control Act, Section 48-1-10 et seq., and the Safe Drinking Water Act, Section 44-55-10 et seq., 1976 S.C. Code of Laws, establishes a system and rules for managing and protecting the quality of South Carolina's groundwater, drinking water, and for protection of public health.
2. The South Carolina Department of Health and Environmental Control has concluded that the improper installation of individual residential wells and irrigation wells are endangering public health and the quality of groundwater in this state and therefore finds the need for regulation to govern installation of such wells.
B. DEFINITIONS. The definition of any word or phrase employed in this regulation shall be the same as given in the Well Standards, R.61-71, Pollution Control Act, 48-1-10 et seq., and the Safe Drinking Water Act, Section 44-55-10 et seq., 1976 S.C. Code of Laws. Words or phrases which are not defined in the Acts or Regulations are defined as follows:
1. Agent- a person acting on behalf of an owner, subject to the control of the owner, who acts in such a manner as to affect the legal relationships of the owner with third parties.
2. General Permit - a permit for the construction of individual residential wells or irrigation wells issued under this regulation authorizing a category of well construction activities within the state.
3. Human Consumption - water used for drinking, bathing, cooking, dishwashing and maintaining oral hygiene, or other similar uses.
4. Individual Residential Well - a potable water well intended to produce water for human consumption at a single residence or family.
5. Irrigation Well - a well intended to produce water for uses other than human consumption, to include, but not be limited to, lawn and landscape watering and agricultural uses.
6. Owner - a property owner where the well is to be constructed.
7. Replacement Well - a well being constructed to take the place of an existing individual residential well or irrigation well that is being taken out of service.
8. Residence - legal residence; the permanent, fixed place of abode which a person intends to be his residence and to which he intends to return.
9. Well driller - an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the S.C. Department of Labor, Licensing, and Regulation for constructing wells and is in immediate supervision of, and responsible for, the construction, development, drilling, testing, maintenance, repair, or abandonment of any well as defined by this regulation. This term shall include owners constructing or abandoning wells on their own property for their own personal use only, except that such owners are not required to be licensed by the Department of Labor, Licensing, and Regulation for constructing wells and are not subject to the bonding requirements of subsection (C)(4) of this regulation.
C. GENERAL.
1. Individual residential wells and irrigation wells shall be constructed or abandoned by well drillers who are licensed for such purposes by the S.C. Department of Labor, Licensing, and Regulation. The licensing required by the subsection does not apply to owners constructing or abandoning wells on their own property for their own personal use only.
2. All individual residential wells and irrigation wells shall be constructed or abandoned in accordance with this regulation, Regulation 61-71, Well Standards, and all other applicable laws, regulations, and standards.
3. The Department must conduct necessary inspections, to the maximum extent as resources allow, to ensure compliance with the provisions of this regulation. The owner shall grant access to the well construction site to the Department at reasonable times for the purpose of conducting such inspections. The inspection program will primarily be conducted by Department personnel located in the District Environmental Quality Control offices. Inspections shall be conducted at the time of construction when possible. The purpose of inspections is to determine compliance with the Well Standards R.61-71 and this regulation. The inspections shall include, at a minimum, determining: 1) proof of coverage under the general permit, 2) compliance with siting requirements, 3) the presence or absence of an adequate grout seal and compliance with other critical construction standards outlined in R.61-71, and 4) eventual timely submittal of the well record form. Violations of the cited regulations noted during the inspection shall result in enforcement action in accordance with established Department procedures. The Department shall develop an inspection manual which outlines the complete inspection process for Department personnel in accordance with the requirements of this regulation and the Well Standards R.61-71. Interested parties may provide input into development and annual updating of the inspection manual. After one year's training and experience, each district well inspector shall conduct a minimum of 200 inspections annually of individual residential or irrigation wells with a Department goal to inspect a majority of wells constructed under this regulation. Owners shall be provided a copy of the Department's inspection results.
4. The Department shall prepare an annual report detailing activities funded by individual residential well and irrigation well fees including the number of wells issued coverage under the general permit, number of inspections, inspection results, fees collected, and number of enforcement actions. This report shall be submitted to the South Carolina Legislature and the South Carolina Groundwater Association and be available for the general public.
5. Each well driller must meet bonding requirements as established by the Department of Labor, Licensing, and Regulation. The Department shall have full access to a well driller's bond to correct a violation of this regulation and/or Regulation 61-71, Well Standards, where, as part of a Department enforcement action, a well driller is unwilling or unable to take required corrective actions. The bonding provisions required by the subsection does not apply to owners constructing or abandoning wells on their own property for their own personal use only.
6. Irrigation wells shall not be permitted at a residence unless another source of potable water serving the residence is proposed or exists.
7. The Department is authorized to develop a "General Permit" for individual residential well and irrigation well activities.
8. This regulation will become effective 60 days after Legislative approval.
D. NOTICE OF INTENT, PERMIT, AND APPROVAL.
1. It shall be unlawful to construct an individual residential well, an irrigation well, or a replacement well unless conditions of the general permit issued by the Department have been satisfied for the construction of the proposed well.
2. It shall be the responsibility of the well driller to ensure that coverage under this general permit to construct an individual residential well, irrigation well, or replacement well is obtained from the Department prior to construction of the well.
3. It shall be the responsibility of the well driller to ensure that all wells permitted under this regulation are located and constructed in accordance with all applicable regulations.
4. A Notice of Intent (NOI) form provided by the Department, as specified in the general permit, must be submitted to the Department with true and accurate information necessary for determining the location of, and proper construction of, individual residential wells, replacement wells, and irrigation wells. The NOI may be submitted by the owner, agent, or well driller. This information shall include, but may not be limited to, owner name, address, and telephone number, address of the property on which the well is to be installed, proposed date of installation, proposed well location, if the proposed well is a new well or replacement well, and name and license number of the licensed well driller constructing the well. If any information provided on the NOI changes at the time of well construction, the well driller must contact the Department and provide the correct information.
5. Upon receipt of a completed NOI, the Department shall accomplish its review and have either the approval, review comments, or denial transmitted to the applicant within 48 hours. The 48 hour period is calculated from the time and date of receipt of the Notice of Intent excluding weekends and legal state holidays. If notice is not given to the applicant by the end of the 48 hour period, coverage under the general permit for individual residential wells and irrigation wells will be considered approved. The well driller shall also give the Department 48 hours prior notice of well installation with the exact date, time, and location of well installation. This notice can be concurrent with the NOI review period. The Department shall deny coverage under the general permit when the proposed well would violate Regulation 61-71, Well Standards, the Pollution Control Act, Section 48-1-10 et seq., the Safe Drinking Water Act, Section 44-55-10 et seq., 1976 S.C. Code of Laws, or licensing requirements established by the S.C. Department of Labor, Licensing, and Regulation. Nothing in this regulation shall be used to limit construction of individual residential wells or irrigation wells that are constructed in accordance with the applicable regulations cited above. The Department inspectors will utilize available resources, such as Department records of permits for onsite wastewater systems and subdivision application approvals, to help determine compliance with the NOI provisions in this regulation.
6. Coverage under a general permit issued pursuant to this regulation shall not guarantee that a well will yield water that is of adequate quality and/or quantity for the purposes intended.
7. The well driller shall have a copy of the Notice of Intent before initiating construction of an irrigation well or individual residential well and shall keep a copy of the Notice of Intent on the drilling site at all times.
E. EMERGENCY WELL REPLACEMENT. A well driller may replace an existing individual residential well immediately when an emergency exists. An emergency is deemed to exist when an existing individual residential well has suddenly been rendered useless or the water quality is not fit for human consumption and a replacement well is needed to provide a potable water supply. The Notice of Intent and associated fee shall be submitted within 24 hours of well construction.
F. GENERAL PERMIT FEE.
1. Each well driller, owner, or agent applying for a general permit to construct a new or replacement individual residential well or irrigation well shall pay to the Department a fee in accordance with Regulation 61-30, Environmental Protection Fees.
2. Upon notification of the Department, no permit fee shall be assessed to a well driller, owner, or agent who has replaced, within one year of installation, an unserviceable or otherwise unsatisfactory individual residential well or irrigation well if the unserviceable or unsatisfactory well is properly abandoned.
3. The fee collected must be returned to the Department for the sole purpose of developing and implementing the Individual Residential Well and Irrigation Well Program, including proposed well construction review, compliance inspections, technical assistance, enforcement, and for providing bacteriological analytical services for new individual residential wells.
G. REFERENCE. The definitions and standards established by Regulation 61-71, Well Standards, are herein adopted by reference.
H. ENFORCEMENT. For the purpose of enforcing this regulation, an employee or duly authorized representative of the Department may enter at reasonable times the site of well construction on the property of an owner where a permit has been obtained pursuant to this regulation. The Department, upon receipt of information that a constructed individual residential well or irrigation well may present an unacceptable risk to health of the persons using the well or to the groundwaters of the State, or is in violation of any other applicable statutes or regulations, will initiate enforcement action against the well driller.
I. VIOLATIONS; PENALTIES.
1. Violations of this regulation shall be subject to penalties as provided in Sections 48-1-320, 44-55-90 and 48-1-330 of the 1976 S.C. Code of Laws.
2. Whenever the Department finds that a well driller is in violation of a permit, regulation, standard, or requirement under this regulation, the Department, after written notice of violation, may issue an order requiring the well driller to comply with the permit, regulation, standard, or requirement, or may request the Attorney General to commence an action under this subsection in the appropriate court. The Department may also assess civil penalties as provided in this section for violations of the provisions of this regulation including any order, permit, regulation, or standard.
3. A well driller who fails to take appropriate corrective action, after receiving written notice of violation of a provision of this regulation, is liable for civil penalties or criminal prosecution.
4. A well driller who fails to notify the Department per Section D.5, or fails to obtain coverage under the general permit, after receiving written notice of violation of a provision of this regulation, is liable for civil penalties.
5. The Department shall have full access to a well driller's bond required by the Department of Labor, Licensing, and Regulation to correct a violation of this regulation and/or Regulation 61-71, Well Standards, where, as part of a Department enforcement action, a well driller is unwilling or unable to take required corrective actions.
J. SEVERABILITY. Should any section, paragraph, sentence, clause, phrase, or other part of this regulation be declared invalid for any reason, the remainder shall not be affected thereby.
G. Procedures for Disclosure of Confidential Information.
H. Severability.
A. PURPOSE. This regulation establishes rules implementing Sections 44-35-20 through -40, 1976 S.C. Code of Laws and Supplement, regarding the South Carolina Central Cancer Registry (SCCCR) requirements for reporting cancer cases, data elements to be collected, content and design of forms and reports, and the procedures for disclosure of confidential registry information.
B. DEFINITIONS.
1. "South Carolina Central Cancer Registry (SCCCR)" means the population-based cancer data system for the collection, storage, maintenance, analysis, and dissemination of all cancer cases occurring in South Carolina, diagnosed after December 31, 1995, under the administration of the South Carolina Department of Health and Environmental Control (DHEC).
2. "Reportable cases" means all malignant tumors, pathologically or clinically diagnosed, including in situ and invasive carcinomas, sarcomas, melanomas, leukemias, and lymphomas, excluding carcinoma in situ of the cervix, and all basal and squamous cell carcinomas of non-genital skin sites. Malignant tumors of the skin of genital sites as described in the current edition of the International Classification of Diseases for Oncology published by the World Health Organization, are reportable. Cases of reportable cancers with the following ambiguous terms in the final diagnosis shall also be reported: probable, suspect, suspicious, compatible with, consistent with, and most likely.
3. "Health care providers" means all South Carolina health care facilities and licensed practitioners that diagnose or treat patients with cancer. These include, but are not limited to, hospitals, independent pathology laboratories, freestanding surgical and treatment centers, physicians, nurse practitioners, and physician assistants.
4. "Resident of South Carolina" means a person who lives and sleeps most of the time in or considers their usual home to be in South Carolina as defined by the United States Census Bureau.
5. "Regional registry" means a population-based data system for the collection, storage, maintenance, analysis and interpretation of cancer data for a designated geographic region of the State.
6. "Pathologically diagnosed cancer cases" means cases determined by a licensed physician to have cancer present with histologic (tissue) confirmation.
7. "Clinically diagnosed cancer cases" means cases determined by a licensed physician to have cancer present without histologic (tissue) confirmation.
8. "North American Association of Central Cancer Registries (NAACCR)" means the body that establishes standards for central cancer registry operations.
9. "Department" or DHEC means the South Carolina Department of Health and Environmental Control.
10. "DHEC Cancer Control Advisory Committee (CCAC)" means the multidisciplinary committee that advises the Board of DHEC and the staff of the Division of Cancer Prevention and Control on professional issues pertaining to cancer prevention, detection, care, and surveillance. This includes all SCCCR activities.
11. "Surveillance Subcommittee" means the subcommittee of the DHEC Cancer Control Advisory Committee that is comprised of statewide representation of cancer researchers, the South Carolina Medical Association, the South Carolina Hospital Association, and the South Carolina Budget and Control Board Office of Research and Statistics. This subcommittee has the specific responsibility to determine the appropriateness of requests for confidential data release from the SCCCR.
C. REPORTING OF CANCER CASES.
1. Reportable cancer cases, as defined, which are initially diagnosed after December 31, 1995 shall be reported to DHEC within six months of initial diagnosis.
2. All health care providers that diagnose and/or treat cancer patients in the State are responsible for reporting cancer cases to DHEC, unless those health care providers are already reporting to a regional cancer registry.
3. Responsibility for Reporting:
a. Hospitals with existing cancer registries shall designate an appropriate person to be responsible for reporting all SCCCR reportable cases to DHEC.
b. Hospitals without a cancer registry shall designate the Director of Health Information Management or the functional equivalent employee to be responsible for reporting all SCCCR reportable cases to DHEC.
c. The Director or the functional equivalent of each independent pathology laboratory and private component of a hospital pathology laboratory shall be responsible for reporting the results of examination of tissue specimens and/or hematology examinations to DHEC. Pathologic and hematologic reports indicating the diagnosis of cancer, that have not been previously reported from that laboratory, shall be reported.
d. Physicians shall report to DHEC all new cancer cases diagnosed in their offices that are not referred to a hospital in the State for treatment.
e. The Director of functional equivalent of each freestanding surgical or treatment center shall be responsible for reporting all new cancer cases to DHEC.
f. Every health care provider shall allow representatives of DHEC upon demand to access, obtain, and copy information from all medical, pathological, and other pertinent records and logs related to cancer cases, as necessary for fulfilling the functions of the SCCCR. Adequate space shall be provided as needed to DHEC staff for record review at South Carolina health care facilities.
g. Regional registries shall abide by the same reporting requirements as for other health care providers in the State.
h. SCCCR staff shall be responsible for continuously monitoring compliance of reporting requirements from all health care providers.
i. SCCCR staff shall be responsible for monitoring timeliness, completeness, and quality of data. Statewide and national quality control audits shall be conducted to assess SCCCR data. The SCCCR shall participate in national quality control audits performed by NAACCR that include review of health care provider records.
j. Every health care provider shall participate in quality control studies developed by the SCCCR in order to access timeliness, completeness, and quality of data according to NAACCR standards.
k. SCCCR staff shall provide appropriate training to health care provider staff on data collection principles and practices as needed.
D. CANCER CASE IDENTIFICATION. All health care providers shall provide case finding documents to permit identification of cancer cases to be reviewed and reported. These case finding documents shall include the following: disease and operation indices for cancer cases; pathology and cytology reports; new patient radiation or chemotherapy logs; and other alternative information deemed necessary to identify or verify reportable cancer cases.
E. DATA ITEMS TO BE REPORTED. All health care providers shall provide to DHEC at least the following data items on all reportable cancer cases in accordance with standard definitions as listed in the current edition of the NAACCR Standards for Cancer Registries, Volume II, Data Standards and Data Dictionary obtained from the NAACCR. The current edition of NAACCR standards can be obtained from the SCCCR office at DHEC:
1. Last name, first name, middle initial
2. Address at initial diagnosis, including city, county, State, and zip code (zip +" 4, where available)
3. Race
4. Spanish/Hispanic origin (if applicable)
5. Sex
6. Birth date
7. Social security number
8. Information on the industrial history of the individual with the cancers, to the extent such information is available from the same medical record
9. Information on the occupational history of the individual with the cancers, to the extent such information is available from the same record
10. Date of diagnosis
11. Date of admission
12. Source of information
13. Primary site of the cancer
14. Morphology type, behavior, and grade
15. Sequence number of the cancer
16. Laterality
17. Diagnostic confirmation
18. Stage of disease (pursuant to Summary Staging Guide)
19. Date and type of first course of definitive treatment when available in the medical record
20. Date of death
21. Underlying cause of death
F. CONTENT AND DESIGN OF FORMS AND REPORTS.
1. The information to be reported shall be provided on forms supplied by DHEC. The forms must be completed entirely. Supplemental information can be supplied for forms that cannot be completed entirely by submitting copies of pertinent medical information to include, at a minimum, pathology reports, history and physical, discharge summary, and radiographic reports.
2. Case reports from facilities with existing computerized cancer registries shall be submitted on appropriate electronic medium provided their data items are in accordance with national standards utilized by the SCCCR. The data must be submitted according to the NAACCR standard record layout as specified in the current edition of the Standards for Cancer Registries, Volume II, Data Standards and Data Dictionary.
3. Reportable cases from facilities served by the SCCCR field staff shall be collected in a manner determined by DHEC.
4. The SCCCR staff shall document on standard forms the reportability status and record review status of each health care provider that is contacted.
G. PROCEDURES FOR DISCLOSURE OF CONFIDENTIAL INFORMATION.
1. In accordance with Section 44-35-40, all data obtained from cancer reports submitted to the SCCCR are confidential. All data collected is confidential pursuant to Section 44-1-110. Information identifying individuals with cancer is exempt from Freedom of Information requests pursuant to Section 30-4-40, "Freedom of Information Act", and may not be made available to the public. Identifying information regarding patients, physicians, or reporting facilities is not available by subpoena, and may only be released pursuant to a court order.
2. Data collected on patients whose legal residential address is outside the State of South Carolina may be shared with other State cancer registries provided a reciprocal data sharing agreement is in place with the respective State Health Departments. The SCCCR will insure that such agreements with other States provide data confidentiality provisions.
3. The DHEC CCAC shall advise and make recommendations to the Department about the issues related to cancer surveillance, including all Central Cancer Registry activities. A subcommittee of the CCAC called the Surveillance Subcommittee shall have specific responsibility to determine the appropriateness of requests for confidential data release. Membership of this subcommittee shall consist of statewide representation of cancer researchers, the South Carolina Medical Association, the South Carolina Hospital Association, and the South Carolina Budget and Control Board Office of Research and Statistics. Strict criteria set forth in the SCCCR Data Release Protocol written in coordination with the South Carolina Budget and Control Board Office of Research and Statistics Principles and Protocol for Release of Health Data shall be utilized to review each data release request. This Subcommittee also assures the DHEC Internal Review Board approval when appropriate in order to assure protection of human subjects.
4. Each applicant requesting access to confidential information will follow the procedure outlined in the SCCCR Data Release Protocol, completing the application and providing the required information, documentation, and assurances. The applicant shall provide, at no cost to the SCCCR, a reprint of each publication using Registry information. Any report or published papers must acknowledge DHEC and the SCCCR and data must only be published according to its intended purpose on the application for data release.
5. Requests for non-confidential data as specified in the SCCCR Data Release Protocol will be processed by SCCCR staff, subject to the confidentiality provisions set forth in DHEC regulations.
H. SEVERABILITY. If any provision of these regulations or the application thereof to any facility, individual or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of the regulations which can be given effect, and to this end the provisions of the regulations are declared to be severable.
Section 1. Whatever is dangerous to human health, whatever renders the ground, air, or food a hazard or injury to human health, and the following acts, conditions, and things, whenever, in the opinion of the local health director they are dangerous to the public health, are each and all of them hereby declared to constitute a public health nuisance:
(a) The maintenance of any barn, stable, chicken yard, manure pile, garbage receptacle, etc., in such manner that flies are in excess of acceptable levels. (Amended 3-22-72; Filed 4-6-72)
(b) The deposit of garbage in any but fly-proof and watertight receptacles, where residences are less than 500 feet apart.
(c) The accumulation of water in which mosquito larvae may breed.
(d) Growth of weeds where mosquitoes harbor, or rubbish is concealed on lots between residences less than 500 feet apart.
(e) Insanitary condition of privies, toilets, or any other waste disposal, human or otherwise, where residences are less than 500 feet apart.
(f) Any building, or any part of a building, which, on account of its unsafe, dilapidated, or insanitary condition; or its occupancy or use by any person afflicted with communicable disease, or by filthy tenants, may endanger the life or health of residents, occupants, patrons, or visitors therein or in the vicinity thereof.
(g) The discharge of sewage, garbage, or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom.
(h) The maintaining or carrying on or manufacture of chemicals, or any other trade or manufacture in such manner as to be a menace to the public health through improper or inadequate disposal of dust, wastes, or fumes.
(i) The accumulation of materials, either organic or inorganic, on any property to the extent and in such manner as to create a harborage for rodents or other vectors that are dangerous to the public health. Also, the maintaining of such an accumulation of materials in an untidy and unsafe manner so as to become a fire and safety hazard.
Section 2. No house refuse, offal, garbage, dead animals, decaying vegetable matter, or organic waste of any kind shall be thrown upon any street, road, or public place; and no such refuse, putrescible or decaying animal or vegetable matter shall be kept in house, cellar, or adjoining outhouses or premises for more than forty-eight hours in any incorporated or unincorporated city, town, village, or built-up community. All receptacles for such garbage, etc., shall be so constructed as to be of sufficient dimensions for the reception of all garbage, and shall be water-tight, made of tight-matched lumber or galvanized iron, and shall stand at least nine inches from the ground, and be provided with a suitable cover, which must be kept properly adjusted to same, so as to protect the contents from flies, insects, rats and animals or vermin. All garbage or refuse contents must be emptied at least once every seven days.
Section 3. Any business serving the public or any industry shall at all times be properly policed and staffed so as to maintain a safe, sanitary, and tidy condition. Any such building, business, or industry shall at all times be properly ventilated, free from dust, vapors, and gases that might be detrimental to the public health; and free from obnoxious odors that are objectionable to the esthetic senses. All furniture and fixtures in such buildings used by patrons or employees shall be kept clean and in good repair at all times.
Section 4. Whenever and wherever a condition shall exist which, in the opinion of the health director having jurisdiction over the area, or his authorized representative, constitutes a public health nuisance, it shall be his duty to notify in writing the person or persons, firm or corporation, responsible for its continuance, of the character of the public health nuisance and give the person, persons, firm, or corporation a reasonable length of time to abate it. However, whenever and wherever a nuisance is of a character as to require, in the interest of the public health, immediate abatement or discontinuance, the local health director may bring a proceeding for immediate action in the court of the county in which the nuisance exists for the abatement of such nuisance and the court may upon hearing and for good cause enjoin the continuance of the condition creating the nuisance, irrespective of all other remedies at law.
Section 5. Failure to abate the public health nuisance after notice constitutes a violation of this regulation, and shall constitute, according to Section 44-1-150, Code 1976, a misdemeanor, punishable as provided in that Section.
C. HARVESTING, HANDLING, AND TRANSPORTATION OF SHELLFISH.
1. Harvesting.
2. Handling.
3. Transportation.
D. SPECIAL SHELLSTOCK HANDLING.
1. Relaying.
2. Interstate Relaying.
3. Wet Storage.
4. Depletion of Closed Areas.
5. Shellfish Habitat Preservation.
E. SHELLFISH SAMPLING AND STANDARDS.
1. Sampling and Testing.
2. Adulteration Standards.
F. LABORATORY PROCEDURES.
1. General.
2. Microbiological.
3. Physical and Chemical.
4. Biotoxin.
G. CERTIFICATION AND PERMITTING PROCEDURES.
1. General.
2. Application Requirements.
3. Issuance of Certificates and Permits.
H. INSPECTION AND COMPLIANCE.
1. Inspections.
2. Compliance.
I. CERTIFIED SHIPPER FACILITIES.
1. General Requirements.
2. Shellfish Source.
3. Shellfish Refrigeration.
4. Shellstock Temperature Management.
5. Temperature Control.
6. Shellstock Identification.
7. Shucked Shellfish Labeling.
8. Bulk Receiving.
J. SHUCKER-PACKERS.
1. General Requirements.
2. Heat Shock.
K. REPACKERS.
L. SHELLSTOCK SHIPPERS.
M. RESHIPPERS.
N. DEPURATION.
O. SHELLFISH AQUACULTURE.
1. General.
2. Seed Source.
3. Open-Water Operations.
4. Land-Based Shellfish Operations.
5. Polyculture Activities.
6. Mariculture Permit Areas.
P. REMEDIES.
1. General.
2. Criminal Liability.
A. GENERAL PROVISIONS.
1. Purpose and Scope. This regulation outlines requirements for producers, harvesters, processors, and transporters of shellfish and is intended to protect the health of consumers of shellfish. The requirements, standards, and implementation methods outlined herein are consistent with the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, published by the United States Department of Health and Human Services, U.S. Food and Drug Administration. The National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish is partially incorporated by reference within these regulations. This Regulation is intended to protect the health of consumers of shellfish by:
(a) Establishing sanitary controls for the production, processing, harvesting, handling, distribution, and transportation of shellfish;
(b) Classifying coastal shellstock growing areas in accordance with accepted public health standards;
(c) Prohibiting the distribution of adulterated shellfish; and
(d) Establishing permit and certification requirements for commercial shellfish activities.
2. Definitions. For the purpose of this regulation:
(a) Adulterated means any one of the following:
(1) Shellfish that have been harvested from closed areas;
(2) Shellfish that have not been grown, harvested, stored, treated, transported, handled, shucked, packed, tagged, labeled, or offered for sale in compliance with this Regulation;
(3) Shellfish deemed unsafe as outlined in E.2;
(4) Shellfish that are putrid or unfit for human consumption;
(5) Shellfish that have been exposed to any unsanitary conditions;
(6) Shellfish which that contain any added substance, unless the substance is authorized by the Department or the United States Food and Drug Administration;
(7) determined to contain any poisonous or deleterious substance at a level or concentration likely injurious to public health.
(b) Adverse Pollution Condition means a state or situation caused by meteorological, hydrological or seasonal events or point source discharges that has historically resulted in elevated fecal coliform levels in a particular harvest area.
(c) Approved means a shellfish water quality classification that allows shellfish harvest for direct marketing for human consumption.
(d) Approved Area means a growing area where the water quality has been classified by the Department for harvesting shellfish for direct marketing for human consumption.
(e) Aquaculture means the cultivation of shellfish in land-based artificial growing or harvest areas, or confined cultivation in South Carolina Department of Natural Resources-permitted natural growing or harvest areas.
(f) Bulk means any of the following:
(1) A single lot of shellstock stored or shipped in individual packages which are contained within a sealed master carton or on a wrapped pallet;
(2) A single lot of unpackaged shellstock shipped in a single large-volume container such as a vehicle or vessel;
(3) A single lot of shellstock held in multiple large capacity tubs, totes, net brailers, or other holding units when being transported from a growing area to a certified shipper.
(g) Certified Shipper means a person engaged in the business of selling, distributing or otherwise transporting shellfish and who has a valid certification as a Depuration Processor(DP), Shucker-Packer(SP), Repacker(RP), Shellstock Shipper(SS), or Reshipper(RS) issued by the state in which his facility is located.
(h) Certification Number means the unique identification number assigned by the Department to each certified shipper.
(i) Classification or Classify means the designation of a growing area harvest category or categories. A growing area may be classified as any combination of approved, conditionally approved, restricted, conditionally restricted, or prohibited.
(j) Classified Growing Area means a growing area for which the Department has completed a sanitary survey report and assigned classifications of approved, conditionally approved, restricted, conditionally restricted, or prohibited.
(k) Closed Area means a growing area where the harvesting of shellfish is temporarily or permanently not allowed. The Department may place any growing area in a closed area status.
(l) Coliform Group means all of the aerobic and facultative anaerobic, gram negative, nonspore forming, rod shaped bacilli that ferment lactose broth with gas formation within forty-eight (48) hours at ninety-five (95) degrees Fahrenheit (35 degrees (0.5 degrees Centigrade).
(m) Commingle or Commingling means the act of combining different lots of shellstock or shucked shellfish.
(n) Conditionally Approved means a shellfish water quality classification used to identify a growing area that meets approved criteria except under conditions described in a management plan.
(o) Conditionally Approved Area means a growing area that meets approved area criteria under certain environmental conditions determined by the Department. Direct harvesting of shellfish for human consumption is allowed at times and under conditions determined by the Department through collection of water quality and pollution source data. Conditionally approved area management employs criteria specified in a management plan.
(p) Conditionally Restricted means a shellfish water quality classification used to identify a growing area that meets restricted criteria except under conditions described in a management plan.
(q) Conditionally Restricted Area means a growing area that meets Restricted Area criteria under specific conditions determined by the Department. Conditionally restricted area management employs criteria specified in a management plan.
(r) Container means any bag, box, crate, tub, carton, or other conveyance in which shellfish may be held, carried or transported.
(s) Critical Control Point (CCP) means a point, step or procedure in a food process at which control can be applied, and a food safety hazard can, as a result of the control, be prevented, eliminated or reduced to acceptable levels.
(t) Critical deficiency means a condition or practice that results in the production of a product that is unwholesome or presents a threat to the health or safety of the consumer.
(u) Critical limit means the maximum or minimum value to which a physical, biological or chemical parameter must be controlled at a critical control point to prevent, eliminate or reduce to an acceptable level the occurrence of the identified food safety hazard.
(v) Department means the South Carolina Department of Health and Environmental Control or agents thereof having responsibility for enforcing these regulations.
(w) Depletion means the removal and disposal of all market-size shellfish from a growing area in a manner to prevent human consumption.
(x) Depuration means the process of using a controlled aquatic environment to reduce the level of bacteria and viruses in live shellfish.
(y) Depuration Facility means the physical structure wherein depuration is accomplished, including all the appurtenances necessary to the effective operation thereof.
(z) Depuration Processor (DP) means a person who is certified to receive shellstock from approved or restricted growing areas and submit such shellstock to a depuration process.
(aa) Dry Storage means the storage of shellstock out of the water.
(bb) Employee means an individual who handles, stores, transports, sells, or distributes shellfish and is employed by someone with a shellfish certificate or permit.
(cc) Fecal Coliform means that portion of the coliform group that will produce gas from lactose in an EC or A-1 multiple tube procedure liquid medium within twenty-four (24) (+" 2) hours in a water bath maintained at one hundred twelve (112) degrees Fahrenheit [forty-four and one-half (44.5) (0.2 degrees Centigrade].
(dd) Growing Area means an estuary or coastal river area delineated by the Department that supports or could support live shellfish. For purposes of this regulation, growing waters shall be synonymous with growing area.
(ee) HACCP is an acronym that stands for Hazard Analysis Critical Control Point, a systematic, science based approach used in food production as a means to assure food safety.
(ff) HACCP Plan means a written document that delineates the formal procedures that a processor follows to implement the HACCP requirements set forth in 21 CFR Section 123.6 (April 1, 2007) as adopted by the Interstate Shellfish Sanitation Conference.
(gg) Harvest means the act of removing shellstock from growing areas and it's placement on or in manmade conveyance or other means of transport.
(hh) Harvester means a person who gathers shellfish by any means from a growing area.
(ii) Lot means any of the following:
(1) A single type of bulk shellstock or containers of shellstock of no more than one day's harvest from a single defined growing area;
(2) A collection of containers of no more than one day's shucked shellfish product produced under conditions as nearly uniform as possible, and designated by a common container code;
(3) Shellstock harvested for depuration from a particular area during a single day's harvest and delivered to one depuration facility.
(jj) Marina means any of the following:
(1) locked harbor facility;
(2) any facility which provides fueling, pump-out, maintenance or repair services (regardless of length);
(3) any facility which has effective docking space of greater than 250 linear feet or provides moorage for more than 10 boats;
(4) any water area with a structure which is used for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than ten boats, such as a mooring field; or
(5) a dry stack facility.
(kk) National Shellfish Sanitation Program means the program cooperatively developed by state, United States Food and Drug Administration, and shellfish industry representatives resulting in sanitary control guidelines that ensure that the shellfish produced in accordance with guidelines will be safe and sanitary.
(ll) National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish means the 2005 version of the United States Food and Drug Administration document with that title that consists of a Model Ordinance, supporting guidance documents, recommended forms, and other related materials associated with the National Shellfish Sanitation Program. Portions of the document are incorporated by reference herein and such referenced sections shall have effect as if fully recited within the text of this regulation. Copies can be obtained through the U.S. Food and Drug Administration or the S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201.
(mm) Person means any individual, partnership, company, corporation, trustee, association, agency, or any public or private entity.
(nn) Poisonous or Deleterious Substance means a toxic compound occurring naturally or added to the environment that may be found in shellfish or shellfish growing waters for which a regulatory tolerance limit or action level has been established or may be considered harmful to public health. Examples of naturally occurring substances would include paralytic shellfish toxins and trace elements geologically leached from the environment, such as mercury; examples of added substances would include agricultural pesticides and polynuclear aromatics.
(oo) Post Harvest Processing means processing of shellfish for the purpose of added safety or quality that involve hazards not addressed by controls in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance for shucker-packers, repackers, shellstock shippers, or reshippers.
(pp) Process means those actions related to the operation of the Certified Shipper facilities of Depuration Processors(DP), Shucker-Packers(SP), Repackers(RP), Shellstock Shippers(SS), and Reshippers(RS).
(qq) Processor means a certified shipper.
(rr) Prohibited means an administrative classification that disallows shellfish harvest for human consumption.
(ss) Prohibited Area means a growing area that has been closed by the Department for the harvesting of shellfish for any purpose related to direct human consumption.
(tt) Raw means shellfish that have not been thermally processed:
(1) to an internal temperature of one hundred and forty-five (145) degrees Fahrenheit or greater for fifteen (15) seconds (or equivalent); or
(2) to alter the organoleptic characteristics.
(uu) Relaying means the transfer of shellstock from restricted areas or conditionally restricted areas to approved or conditionally approved areas for natural biological cleansing using the ambient environment as a treatment system.
(vv) Repacker (RP) means a certified shipper who packs shucked shellfish into containers other than those in which they were originally packaged. A repacker may act as a shellstock shipper.
(ww) Repacking means the transfer of shucked shellfish into containers other than those in which they were originally packaged.
(xx) Reshipper (RS) means certified shippers who purchase shellfish from other certified shippers and sell or distribute the shellfish without repackaging.
(yy) Restricted means a shellfish water quality classification that does not meet approved water quality criteria, disallows direct marketing of shellfish, and allows shellfish harvest only by special permit.
(zz) Restricted Area means a growing area that has been classified by the Department as not meeting water quality criteria that would allow harvesting shellfish for direct marketing for human consumption. In a restricted area, shellfish may be harvested only by special permit and direct marketing of harvested shellfish is not allowed.
(aaa) Sanitary Survey Report means a written evaluation of all actual and potential pollution sources and environmental factors that affect shellfish growing area water quality.
(bbb) Sanitize means adequate treatment of food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance and in substantially reducing the number of other microorganisms. Such treatment shall be safe and not adversely affect shellfish.
(ccc) Scheduled Depuration Process means the process that places shellfish harvested from conditionally restricted, restricted, or approved waters into a controlled aquatic environment selected by the processor and that has been demonstrated to the Department to effectively reduce the level of fecal coliform bacteria in live shellfish.
(ddd) Seed means juvenile shellstock intended for growth to market size.
(eee) Shellfish means all edible species of oysters, clams, mussels, and scallops; either shucked or in the shell; fresh or fresh frozen; whole or in part, except that scallops shall be excluded when the final product is the adductor muscle only.
(fff) Shellstock means live molluscan shellfish in the shell.
(ggg) Shellstock Shipper (SS) means a certified shipper who grows, harvests, buys, or sells shellstock. A shellstock shipper is not certified to shuck shellfish or repack shucked shellfish. A shellstock shipper may repackage shellstock or act as a reshipper.
(hhh) Shucked Shellfish means shellfish that have been removed from their shells.
(iii) Shucker-Packer (SP) means a certified shipper who shucks and packs shellfish. A shucker-packer may act as a repacker, shellstock shipper, or reshipper.
(jjj) State Shellfish Control Authority or Authority means the South Carolina Department of Health and Environmental Control or, if in reference to another state, the state agency having the primary authority to implement public health-related shellfish regulations.
(kkk) Systematic Random Sampling is a field sampling and data analysis design that employs a preestablished sampling schedule and assumes that a statistically representative cross section of all meteorological, hydrographic, and/or other pollution events will be included in the data set.
(lll) Vehicle means any truck, car, bus, trailer, railcar, aircraft, boat, ship, barge, dredge, or other means of conveyance by which shellfish is transported from one location to another.
(mmm) Vessel means any boat, ship, barge, dredge, or other type of watercraft used for the commercial harvest or transport of shellfish for human consumption.
(nnn) Wet Storage means storage of marketable shellfish in water after initial harvest.
3. Severability. In the event that any portion of these regulations is construed by a court of competent jurisdiction to be invalid, or otherwise unenforceable, such determination shall in no manner affect the remaining portions of these regulations, and they shall remain in effect, as if such invalid portions were not originally a part of these regulations.
B. GROWING AREA SURVEY AND CLASSIFICATION.
1. Sanitary Survey. A sanitary survey of shellfish growing areas shall be conducted by the Department, and each area shall be classified prior to its approval for shellfish harvesting. Sanitary Surveys and reports will be conducted and prepared consistent with the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.
2. Classification of Growing Area. Shellfish growing areas shall be identified and assigned harvesting classifications of approved, conditionally approved, restricted, conditionally restricted, or prohibited. The assigned classification will be based upon a sanitary survey conducted by the Department. Growing areas for which a sanitary survey has not been completed shall be classified as prohibited. The Department may also designate a growing area as a closed area and prohibit harvesting when it determines that conditions have occurred that may potentially render shellfish unsafe for human consumption.
3. Approved Area. Growing areas shall be classified approved when the sanitary survey concludes that fecal material, pathogenic microorganisms, and poisonous or deleterious substances are not present in concentrations that would render shellfish unsafe for human consumption. Approved classifications shall be determined upon a sanitary survey that includes water samples collected from stations in the designated area adjacent to actual or potential sources of pollution. For waters sampled under adverse pollution conditions, the median fecal coliform Most Probable Number (MPN) or the geometric mean MPN shall not exceed fourteen per one hundred milliliters, nor shall more than ten percent of the samples exceed a fecal coliform MPN of forty-three per one hundred milliliters (per five tube decimal dilution). For waters sampled under a systematic random sampling plan, the geometric mean fecal coliform MPN shall not exceed fourteen per one hundred milliliters, nor shall the estimated ninetieth percentile exceed an MPN of forty three per one hundred milliliters (per five tube decimal dilution). Computation of the estimated ninetieth percentile shall be determined using National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish methodology.
4. Conditionally Approved Area.
(a) Growing areas may be classified conditionally approved when they are subject to temporary conditions of actual or potential pollution. When such events are predictable, as in non-point source pollution from rainfall runoff or discharge of a major river, a management plan describing conditions under which harvesting will be allowed shall be adopted by the Department prior to classifying an area as conditionally approved. Where appropriate, the management plan for each conditionally approved area shall include performance standards for sources of controllable pollution (e.g., wastewater treatment and collection systems), evaluation of each source of pollution, and means of rapidly closing and subsequently reopening areas to shellfish harvesting. Memorandums of agreements shall be a part of these management plans where appropriate.
(b) Shellfish shall not be directly marketed from a conditionally approved area until conditions for an approved classification have been met for a period of time likely to ensure the shellfish are safe for consumption.
(c) Shellstock from conditionally approved areas that have been subjected to temporary conditions of actual or potential pollution may be relayed to approved areas for purification or depurated through controlled purification operations only by special permit issued by the Department.
5. Restricted Area.
(a) Growing areas shall be classified restricted when sanitary survey data show a moderate degree of pollution or the presence of deleterious or poisonous substances to a degree that may cause the water quality to fluctuate unpredictably or at such a frequency that a conditionally approved classification is not feasible. Shellfish may be harvested from areas classified as restricted only for the purposes of relaying or depuration and only by special permit issued by the Department and under Department supervision.
(b) The suitability of restricted areas for harvesting of shellstock for relay or depuration purposes may be determined through the use of comparison studies of background tissue samples with post-process tissue samples, as well as other process verification techniques deemed appropriate by the Department.
(c) For restricted areas to be utilized as a source of shellstock for depuration, or as source water for depuration, the fecal coliform geometric mean MPN of restricted waters sampled under adverse pollution conditions shall not exceed eighty-eight per one hundred milliliters nor shall more than ten percent of the samples exceed a MPN of two hundred and sixty per one hundred milliliters for a five tube decimal dilution test. For waters sampled under a systematic random sampling plan, the fecal coliform geometric mean MPN shall not exceed eighty-eight per one hundred milliliters nor shall the estimated ninetieth percentile exceed an MPN of two hundred and sixty (five tube decimal dilution). Computation of the estimated ninetieth percentile shall be obtained using National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish methodology.
6. Conditionally Restricted Area.
(a) Growing areas may be classified conditionally restricted when they are subject to temporary conditions of actual or potential pollution. When such events are predictable, as in the malfunction of wastewater treatment facilities, non-point source pollution from rainfall runoff, discharge of a major river or potential discharges from dock or harbor facilities that may affect water quality, a management plan describing conditions under which harvesting will be allowed shall be prepared by the Department prior to classifying an area as conditionally restricted. Where appropriate, the management plan for each conditionally restricted area shall include performance standards for sources of controllable pollution, e.g., wastewater treatment and collection systems and an evaluation of each source of pollution, and description of the means of rapidly closing and subsequent reopening areas to shellfish harvesting. Memorandums of agreements shall be a part of these management plans where appropriate.
(b) Shellfish may be harvested from areas classified as conditionally restricted only for the purposes of relaying or depuration and only by permit issued by the Department and under Department supervision.
(c) For conditionally restricted areas to be utilized as a source of shellstock for depuration, the fecal coliform geometric mean MPN of conditionally restricted waters sampled under adverse pollution conditions shall not exceed eighty-eight per one hundred milliliters nor shall more than ten percent of the samples exceed a MPN of two hundred and sixty per one hundred milliliters for a five tube decimal dilution test. For waters sampled under a systematic random sampling plan, the fecal coliform geometric mean MPN shall not exceed eighty-eight per one hundred milliliters nor shall the estimated ninetieth percentile exceed an MPN of two hundred and sixty per one hundred milliliters (five tube decimal dilution). Computation of the estimated ninetieth percentile shall be obtained using National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish methodology.
7. Prohibited Area.
(a) Growing areas shall be classified prohibited if there is no current sanitary survey report or if the sanitary survey report or monitoring data show unsafe levels of fecal material, pathogenic microorganisms, or poisonous or deleterious substances in the growing area or otherwise indicate that such substances could potentially reach quantities that could render shellfish unfit or unsafe for human consumption.
(b) Harvesting of shellfish from prohibited areas for human consumption shall not be allowed by the Department. This item shall not be construed to prohibit seed hatchery or nursery operations, provided such operations comply with applicable provisions of this regulation.
(c) Shellfish may be depleted for non-food use from prohibited areas upon approval of the Department and under specified conditions as outlined in D.4.
(d) Growing areas receiving sewage treatment plant and other waste discharges shall be classified as prohibited. The following assumptions and criteria will be considered in determining the area that could be potentially impacted:
(1) Pollution Conditions;
(a) Flow rate;
(b) Sewage treatment plant performance;
(c) Location of shellfish resources.
(2) Dispersion, dilution, and time of travel;
(a) Current velocity and net transport velocity;
(b) Volume;
(c) Depth of water;
(d) Direction of travel and stratification;
(e) Location of discharge;
(f) Tidal characteristics;
(g) Receiving area geometry.
(3) Decay rate (bacteriological die-off);
(4) Bacteriological quality required;
(5) Adjacent harvest use classification;
(6) Identifiable landmarks for boundaries.
(e) Growing waters within and adjacent to marinas shall be classified as prohibited. The size and extent of closures within and adjacent to marinas shall be determined using a dilution analysis that incorporates the following assumptions:
(1) An occupancy rate of the marina;
(2) An assumed rate of boats that will discharge untreated waste;
(3) An occupancy rate of two (2) persons per boat;
(4) A rate of discharge of 2 x 109 fecal coliform per person per day;
(5) Wastes are completely mixed in and around the marina;
(6) The volume of water in the vicinity of the marina;
(7) A theoretical calculated fecal coliform level of fourteen (14) MPN per one hundred (100) milliliters.
(f) Nothing in this regulation shall be construed to require that a dilution analysis be conducted for any existing marina historically encompassed by a prohibited closure of one thousand (1000) feet; provided however, that in the event a request or application is made seeking authorization to increase the marina's potential boat occupancy rate, the Department shall calculate the prohibited closure area in accordance with B.7. (e).
(g) Any proposed or existing dry stack or fueling facility having effective docking space of two hundred and fifty (250) linear feet or less and providing moorage for ten (10) or less boats shall not constitute sole cause for classification or closure in accordance with item B.7. (e) of this Regulation.
C. HARVESTING, HANDLING, AND TRANSPORTATION OF SHELLFISH.
1. Harvesting.
(a) Harvesting of Shellfish from Closed Waters. It shall be unlawful to harvest, remove, take, buy, sell, offer for sale, or possess shellfish from areas closed by the Department. This Section shall not be construed to prevent harvesting as permitted by the Department.
(b) Harvesting Vessels. It shall be unlawful for any person engaged in commercial shellfish activities to harvest, handle, or transport shellstock in a vessel that has not been constructed, operated, and maintained to prevent contamination, deterioration, and decomposition of the shellstock.
(1) Decks and storage bins shall be constructed and located to prevent bilge water, fuel, oil, or polluted overboard water from coming into contact with the shellstock;
(2) Bilge pump discharges shall be located so that the discharge shall not contaminate shellstock;
(3) Containers used for storing shellstock shall be clean and fabricated from safe materials;
(4) Decks and storage bins used in the harvest or transport of shellstock for direct marketing shall be provided with effective drainage and kept clean with potable water or with water from a growing area in the open status;
(5) All vessels and equipment coming in contact with shellstock during handling or transport for relaying or depuration shall be thoroughly cleaned before the boat and equipment are used to transport or handle shellfish for direct marketing;
(6) Coverings shall be provided on unattended vessels to protect shellstock from exposure to hot sun, birds, and other adverse conditions.
(c) Identification of Shellstock During Harvest.
(1) Commercial harvesters shall affix a harvest identification tag to containers of shellstock prior to removal of the shellstock from the area in which it was harvested. Harvest identification tags shall:
(a) Be prominently labeled "Harvest Tag";
(b) Be durable and waterproof;
(c) Be at least 13.8 square inches in size;
(d) Contain the following accurate, indelible and legible information:
(1) Harvester's commercial saltwater fishing license number, as issued by the South Carolina Department of Natural Resources;
(2) Date and harvest start time;
(3) Harvest area;
(4) Name and certificate number of the certified shipper to whom the shellfish are being delivered;
(5) Type and quantity of shellstock.
(e) Not be altered in any manner.
(2) When shellstock are harvested from more than one harvest area on any single harvest day, each container of shellstock shall be tagged with an individual harvest identification tag.
(3) When shellstock are harvested from a single harvest area on a single day, multiple containers of shellstock may be held on a wrapped pallet, in a tub or tote, in a net brailer, or in other types of holding units, provided each individual wrapped pallet, tub or tote, net brailer, or other holding unit shall be tagged with a harvest identification tag meeting all requirements included in item C.1. (c)(1).
(4) When shellstock are harvested from a single harvest area on a single day, and a harvest vessel utilizes open decks or holds, tubs or totes, or other similar large-capacity holding units for the transport of loose, bulk shellstock, the vessel may utilize a single harvest identification tag. This tag shall be affixed to the vessel.
(5) In addition to the requirements of item C.1. (c)(1), a harvest identification tag used for tagging a holding unit shall include the following statement; "All shellstock containers in this lot have the same harvest date and area of harvest".
(6) In addition to the requirements of item C.1. (c)(1) and item C.1. (c)(5), a harvest identification tag used to identify a holding unit shall include documentation of the number of individual containers in the unit.
(d) Disposal of Body Waste.
(1) No person shall discharge untreated human fecal waste into any shellfish growing area.
(2) An approved marine sanitation device (MSD) or portable toilet shall be required on any commercial shellfish harvest vessel utilizing mechanical harvesting equipment. Use of other receptacles for sewage disposal may be allowed by the Department if the receptacles are:
(a) Constructed of impervious, cleanable materials and have tight fitting lids; and
(b) Used only for the purpose intended;
(c) Secured while on board and located, operated, and maintained to prevent contamination of shellstock by spillage or leakage.
2. Handling.
(a) Shellstock shall be protected from contamination at all times.
(b) Shellstock Temperature Management. Within two (2) hours of receiving shellstock from a harvester, certified shippers shall implement procedures to manage shellstock temperature. For purposes of this item, shellstock shall be considered received when the shellstock are located in any portion of a certified shipper facility. Nothing in this item shall be construed to reduce the maximum allowable time period for shellstock temperature control. Acceptable methods of temperature management for the period from two hours after receipt of shellstock to the maximum allowable time period for temperature control are:
(1) Mechanical refrigeration;
(2) Icing;
(3) Mechanical air conditioning, at conditioned temperatures no greater than sixty-eight (68) degrees Fahrenheit;
(4) Evaporative cooling, including, but not limited to equipment such as fans, blowers, and/or potable water sprays;
(5) Shading, however, the use of shading alone is only acceptable when ambient (surrounding) air temperatures are no greater than sixty-eight (68) degrees Fahrenheit.
(c) Shellstock Temperature Control. For purposes of initial processing, shellstock temperature control shall be defined as the management of the environmental temperature of shellstock by means of ice, mechanical refrigeration or other approved means which is capable of lowering the temperature of the shellstock and will maintain it at fifty (50) degrees Fahrenheit [ten (10) degrees Centigrade] or less. Shellstock shall:
(1) Be placed under temperature control by the receiving certified shipper within twenty (20) hours from the time of harvest; and
(2) in the event waters of the State are confirmed as the source of two (2) or more Vibrio vulnificus illnesses, maximum hours to temperature control for shellfish intended for raw consumption shall, upon notice provided by the Department, be in accordance with the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance, VIII. Control of Shellfish Harvesting, 03 Shellstock Temperature Control, Option 1, Action Level 2, Action Level 3, or Action Level 4 (as applicable); and
(3) in the event a growing area is confirmed as the original source of product associated with two (2) or more Vibrio parahaemoliticus illness within the past three (3) years, the maximum hours to temperature control for shellstock harvested from the affected growing area(s) shall, upon notice provided by the Department, be in accordance with the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance, VIII. Control of Shellfish Harvesting, .03 Shellstock Temperature Control, Option 2, Action Level 2 or Action Level 3 (as applicable); and
(4) in the event that a Vibrio parahaemoliticus risk evaluation determines that illness is reasonably likely to occur from the consumption of oysters harvested from an aquaculture facility during times when the average monthly daytime water temperature exceeds 81 degrees Fahrenheit, the maximum allowable time from harvest to temperature control for oysters harvested from the facility shall be five (5) hours.
(d) Identification of Shellstock in the Marketplace.
(1) When at the facilities of a certified shipper, shellstock shall be tagged in accordance with the provisions of item C.1. (c) or item C.2. (d)(2) at all times.
(2) Shellstock distributed or offered for sale within the State shall be identified with tags that are:
(a) Labeled as "Sale Tag";
(b) Durable and waterproof;
(c) At least 13.8 square inches (89.03cm2) in size;
(d) Legible and indelible, and contains accurate, unaltered information in the order specified below:
(1) The dealer's name and address;
(2) The dealer's certification number as assigned by the Authority;
(3) The original shellstock shipper's certification number. If depurated, the original shellstock shipper's certification number is not required;
(4) The date and, when shellstock have been harvested in South Carolina, the time of harvest shall be included. All depurated shellstock shall include the date and time of depuration processing;
(5) If depurated, the depuration cycle number or lot number;
(6) The most precise identification of the harvest location as is practicable including the initials of the state of harvest, and the Authority's designation of the growing area by indexing, administrative or geographic designation. If the Authority has not indexed growing areas, then an appropriate geographical or administrative designation must be used (e.g. Long Bay, Decadent County, lease number, bed, or lot number);
(7) When the shellstock has been transported across state lines and placed in wet storage in a dealer's operation, the statement: "THIS PRODUCT IS A PRODUCT OF (NAME OF STATE) AND WAS WET STORED AT (FACILITY CERTIFICATION NUMBER) FROM (DATE) TO (DATE)";
(8) The type and quantity of shellstock;
(9) The following statement in bold capitalized type on each tag: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS.";
(10) All shellstock intended for raw consumption shall include a consumer advisory. The following statement, based upon guidance provided in Section 3-603.11 of the United States Food and Drug Administration 2005 Food Code (Copies can be obtained through the U.S. Food and Drug Administration or the S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201.), or an equivalent statement, shall be included on all shellstock: "RETAILER
