South Carolina Code of Regulations
Unannotated
Current through State Register Volume 37, Issue 9, effective September 27, 2013

DISCLAIMER

The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Regulations on the Internet as a service to the public. The unannotated South Carolina Code of Regulations on the General Assembly's website is now current through State Register Volume 37, Issue 9, effective September 27, 2013. The unannotated South Carolina Code of Regulations, consisting only of Regulation text, numbering, and history, may be copied from this website at the reader's expense and effort without need for permission.

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.

While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code of Regulations available on the South Carolina General Assembly's website, the unannotated South Carolina Code of Regulations is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Regulations Annotated and any pertinent acts and joint resolutions contain the official version.

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify the Legislative Services Agency at LSA@scstatehouse.gov regarding any apparent errors or omissions in content of Regulation sections on this website, in which case LSA will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.




CHAPTER 61. - CONTINUED

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

61-40.

Mobile/Manufactured Home Parks.

Section I. DEFINITIONS

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.

61-42. Sanitation of Schools.

Section I. PURPOSE

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:

-------------------------------------------------------------------------------

FIXTURES RATIO [FN*]

-------------------------------------------------------------------------------

Gang Toilets Gymnasiums

-------------------------------------------------------------------------------

Boys Girls Boys Girls

-------------------------------------------------------------------------------

Water Closets 1:90 1:30 1:60 1:20

-------------------------------------------------------------------------------

Lavatories 1:60 1:60 1:40 1:40

-------------------------------------------------------------------------------

Urinals 1:45 1:30

-------------------------------------------------------------------------------

Shower 1:4 1:4

Heads--Physical [FN**] [FN**]

Education

-------------------------------------------------------------------------------

Shower 1:4 1:4

Heads--Athletics [FN**] [FN**]

-------------------------------------------------------------------------------

[FN*] The next higher number of fixtures shall be installed if the

fraction calculated in the fixture count is three-tenths or larger.

[FN**] Based on maximum number of students enrolled in the largest class

utilizing those facilities at any one time.

-------------------------------------------------------------------------------

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.

-------------------------------------------------------------------------------

Recommended

Type of Interior Areas Minimum Initial Remarks

Design Level

[FN*]

-------------------------------------------------------------------------------

All interior areas other than listed 70 foot-candles Multipurpose

below rooms and

auditorium

stages need 70

foot-candles

at full bright

dimmer

setting.

-------------------------------------------------------------------------------

Industrial art, prevocational or 100 foot-candles

Trade and Industrial shops,

laboratory and lecture room

demonstration areas, and task

lighting areas

-------------------------------------------------------------------------------

Administration and office areas and 50 foot-candles

gymnasiums

-------------------------------------------------------------------------------

Cafeterias and commons, stairways, 30 foot-candles Auditorium

and auditorium seating areas seating areas

need 30

foot-candles

at full bright

dimmer

setting.

-------------------------------------------------------------------------------

Corridors, toilet areas, gym 25 foot-candles

dressing rooms, storage rooms and

boiler, mechanical or electrical

equipment rooms

-------------------------------------------------------------------------------

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.)

HISTORY: Added by State Register Volume 22, Issue No. 6, Part 2, eff June 26, 1998; Amended by State Register Volume 26, Issue No. 6, Part 2, eff June 28, 2002.

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).

100.60. Public Notice Requirements.

100.70. Permit Decision Making Process.

100.80. Swine Facility, Lagoon, Treatment System, and Manure Storage Pond

Siting Requirements.

100.90. General Requirements for Swine Manure Lagoons, Treatment Systems,

and Swine Manure Storage Ponds.

100.100. Manure Utilization Area Requirements.

100.110. Spray Application System Requirements.

100.120. Frequency of Monitoring for Swine Manure.

100.130. Dead Swine Disposal Requirements.

100.140. Other Requirements.

100.150. Odor Control Requirements.

100.160. Vector Control Requirements.

100.170. Record Keeping.

100.180. Reporting.

100.190. Training Requirements.

100.200. Violations.

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).

200.60. Public Notice Requirements.

200.70. Permit Decision Making Process.

200.80. Facility, Lagoon, Treatment System, and Manure Storage Pond Siting

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. "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)

(b) Ammonium-Nitrogen.

(c) Total Kjeldahl Nitrogen (TKN).

(d) Organic Nitrogen (Organic Nitrogen = TKN - Ammonium Nitrogen)

(e) P2 O5.

(f) K2O (potash).

ii. Constituents.

(a) Copper.

(b) Zinc.

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.

100.80. Swine Facility, Lagoon, Treatment System, and Manure Storage Pond Siting Requirements.

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 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) P2O5.

(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) P2O5 (mg/kg).

(e) K2O (mg/kg).

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

ii. Constituents (on a dry weight basis).

(a) Arsenic (mg/kg).

(b) Copper (mg/kg).

(c) Zinc (mg/kg).

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.

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.

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) P2O5 (mg/kg).

(e) K2O (mg/kg).

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

ii. Constituents (on a dry weight basis).

(a) Arsenic (mg/kg).

(b) Copper (mg/kg).

(c) Zinc (mg/kg).

b. Name, address, 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.

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.

HISTORY: Added by State Register Volume 22, Issue No. 6, Part 2, eff June 26, 1998; Amended by State Register Volume 26, Issue No. 6, Part 2, eff June 28, 2002..

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.

HISTORY: Added by State Register Volume 23, Issue No. 6, eff June 25, 1999.

61-45. South Carolina Central Cancer Registry.

Table of Contents

A. Purpose.

B. Definitions.

C. Reporting of Cancer Cases.

D. Cancer Case Identification.

E. Data Items to be Reported.

F. Content and Design of Forms and Reports.

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.

HISTORY: Added by State Register Volume 22, Part 2, Issue No. 6, eff June 26, 1998.

61-46. Nuisances.

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.

61-47. Shellfish.

TABLE OF CONTENTS.

A. GENERAL PROVISIONS.

1. Purpose and Scope.

2. Definitions.

3. Severability.

B. GROWING AREA SURVEY AND CLASSIFICATION.

1. Sanitary Survey.

2. Classification of Growing Area.

3. Approved Area.

4. Conditionally Approved Area.

5. Restricted Area.

6. Conditionally Restricted Area.

7. Prohibited Area.

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: "RETAILERS, INFORM YOUR CUSTOMERS: Consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.";

(11) The statement "Keep Refrigerated" or an equivalent statement.

(e) Shucked Shellfish Temperature Control. Shucked shellfish shall be stored and maintained in accordance with the following:

(1) Within two (2) hours of shucking, shucked shellfish shall be stored and maintained at temperatures of forty-five (45) degrees Fahrenheit or below;

(2) Frozen shucked shellfish shall be stored and maintained at temperatures of zero (0) degrees Fahrenheit or below.

(f) Shucked Shellfish Labeling. Prior to sale or distribution, each individual container of shucked shellfish shall be labeled as follows:

(1) The shucker-packer's or repacker's certification number shall be displayed on the label of each package of shucked shellfish;

(2) Packages containing less than sixty-four (64) fluid ounces shall include:

(a) The words "SELL BY" or "BEST IF USED BY" followed by a reasonable date when the product would be expected to reach the end of its shelf life;

(b) The date as a month and day of the month; and

(c) For fresh frozen shellfish, the year shall be added to the date.

(3) Packages containing sixty-four (64) fluid ounces or more shall be labeled in the following manner:

(a) The words "DATE SHUCKED" followed by the date shucked located on both the lid and sidewall or bottom of the container;

(b) The date shall consist of either the abbreviation for the month and number of the day of the month or in Julian format (YDDD), the last digit of the four digit year and the three digit number corresponding the day of the year; and

(c) For fresh frozen shellfish, the year shall be added to the date (for non-Julian format).

(4) Frozen shucked shellfish shall be labeled as frozen in type-size of equal prominence to the type of shellfish;

(5) Repacked shellfish shall:

(a) Include the original date of shucking on packages of sixty-four (64) fluid ounces or more;

(b) Use the original date of shucking to establish the "Sell By Date" on packages containing less than sixty-four (64) fluid ounces;

(c) If thawed for repacking, be labeled as previously frozen.

3. Transportation.

(a) Shellfish in transportation shall be protected from contamination at all times.

(b) Vehicles used to transport shellfish shall be constructed, operated, and maintained to prevent contamination, deterioration, and decomposition of shellfish. Shellfish transported in unenclosed vehicles shall at all times be protected by effective coverings, provided, however, that this requirement shall not apply to an occupied vessel during shellstock harvest and delivery by water route to a certified shipper.

(c) Commercial shellstock shipments, intended or offered for human consumption shall:

(1) Include a Bill of Sale; and

(2) Be properly identified or labeled in accordance with this regulation; and

(3) Be transported in accordance with the following protocols:

(a) When shipping time is no more than four (4) hours:

(1) Shellstock shall be alive and transported under mechanical refrigeration, equipped with automatic controls, at ambient air temperatures of forty-five (45) degrees Fahrenheit or less; or

(2) Shellstock shall be alive and transported using ice; and

(3) Shellstock shall be cooled to an internal shellstock body temperature of fifty (50) degrees Fahrenheit or less.

(b) When shipping time is greater than four (4) hours:

(1) Shellstock shall be alive and transported under mechanical refrigeration, equipped with automatic controls, at ambient air temperatures of forty-five (45) degrees Fahrenheit or less; or

(2) Shellstock shall be shipped in containers having an internal ambient air temperature of forty-five (45) degrees Fahrenheit or less; and

(3) Shellstock shall be shipped alive and cooled to an internal shellstock body temperature of fifty (50) degrees Fahrenheit or less.

(4) Nothing in item C.3.(c)(3) shall be construed to make unlawful the intrastate shipment of shellstock harvested from within the State provided such shellstock have not exceeded any maximum allowable time period for temperature control as established by item C.2.(c).

(d) Commercial shipments of non-frozen shucked or post harvest processed shellfish shall:

(1) Include a Bill of Sale; and

(2) Be properly identified in accordance with this regulation; and

(3) Be transported in accordance with the following temperature protocols:

(a) When shipping time is no more than four (4) hours:

(1) Non-frozen shucked or post-harvest processed shellfish shall be transported under mechanical refrigeration, equipped with automatic controls, at ambient air temperatures or forty-five (45) degrees Fahrenheit or less; or

(2) Transported well iced; and

(3) Be cooled to an internal temperature of forty-five (45) degrees Fahrenheit or less.

(b) When shipping time is greater than four (4) hours:

(1) Non-frozen shucked or post-harvest processed shellfish shall be transported under mechanical refrigeration, equipped with automatic controls, at ambient air temperatures of forty-five (45) degrees Fahrenheit or less; or

(2) Non-frozen shucked or post-harvest processed shellfish shall be shipped in containers having an internal ambient air temperature of forty-five (45) degrees Fahrenheit or less; and

(3) Non-frozen shucked or post-harvest processed shellfish shall be cooled to an internal shellstock body temperature of forty-five (45) degrees Fahrenheit or less.

(4) An operative time-temperature indicating device shall accompany each shipment.

(e) Ice used to cool shellfish during transport shall:

(1) Be produced from potable water in a commercial ice machine inspected by the Department; or

(2) Be produced at a facility sanctioned by an appropriate regulatory agency.

(f) Cats, dogs, and other animals shall not be allowed in any part of the truck or other vehicle where shellstock is stored.

(g) Containers used to transport shellstock shall not be constructed, used, or maintained in any manner that would result in product contamination.

D. SPECIAL SHELLSTOCK HANDLING.

1. Relaying.

(a) Shellstock may be harvested and relayed from restricted or conditionally restricted areas to approved or conditionally approved areas for natural biological purification. The shellstock for relaying shall be of such quality that purification will be effective in reducing contaminants to safe levels.

(b) Following approval by the South Carolina Department of Natural Resources, relaying operations may be permitted and supervised by the Department. Only shellfish harvested from waters meeting approved area criteria as defined in B.3 shall be certified for marketing.

(c) Applications for Relay Permits must designate whether the shellfish are being relayed for direct marketing or for South Carolina Department of Natural Resources planting credit purposes.

(d) Shellfish relayed from a restricted or conditionally restricted area to an approved area for subsequent harvesting for direct marketing purposes shall remain planted for a period of not less than fourteen (14) consecutive days when the water temperature is above fifty (50) degrees Fahrenheit [ten (10) degrees Centigrade]. If the water temperature is less than fifty (50) degrees Fahrenheit, the Department shall make a determination as to an adequate time period to ensure natural purification. Shellfish relayed from a restricted area to a conditionally approved area for direct marketing purposes shall remain planted for a period of not less than fourteen (14) consecutive days when the water temperature is above fifty (50) degrees Fahrenheit and the area is in an open status. If the water temperature is less than fifty (50) degrees Fahrenheit, or if the area is downgraded to a closed status, the Department shall make a determination as to an adequate time period to ensure natural purification.

(e) Shellfish relayed for planting credit purposes shall remain planted for a minimum of four months.

(f) Shellfish relayed to approved or conditionally approved areas shall not be re-harvested until authorized by the Department.

(g) Areas to which shellstock are relayed shall be readily identified and marked. These areas shall be situated in a manner to avoid contamination of shellstock in adjacent growing areas.

2. Interstate Relaying. Shellstock shall not be relayed from the State to another state without prior approval of the Department and the responsible state agency that will receive the shellstock. The United States Department of Health and Human Services, Food and Drug Administration, shall be informed of such interstate activities.

3. Wet Storage. Harvested shellstock may be held in wet storage in approved shellfish growing waters or land-based ponds or tanks where effective control measures are enforced to keep shellfish fresh and protected from contamination. Proper shellstock identification as outlined in item C.1.(c)(1) must be maintained during wet storage.

(a) Permit Requirements. Prior to the wet storage of molluscan shellfish in approved near-shore growing waters, application for a Wet Storage Facility Operating Permit shall be made to and obtained from the Department. Prior to the construction, expansion or modification of any land-based wet storage facility, application for a Wet Storage Facility Construction Permit shall be made to, and a Wet Storage Facility Construction Permit obtained from, the Department. Prior to operating any land-based wet storage facility, application for a Wet Storage Facility Operating Permit shall be made to and obtained from the Department. Wet Storage Operating Permits shall be issued only in conjunction with a Certified Shipper Certificate.

(b) Wet Storage in approved near-shore shellfish growing waters - Operating Permit Requirements. Information related to the proposed construction and operation of a near-shore wet storage facility shall be submitted for Department review and approval. This information shall be provided in the form of a written operational plan detailing the scope and extent of the proposed activity, including, but not necessarily limited to location, type of construction, and species of shellfish stored. The operational plan shall address the following:

(1) the purpose of the wet storage activity, such as holding, conditioning, or increasing the salt content of shellstock;

(2) any species specific physiological factors that may affect design criteria;

(3) location of near-shore storage structures;

(4) details of the design and proposed construction of the storage structures that address the following minimum construction standards to:

(a) allow the free flow of water to shellfish; and

(b) be constructed of non-toxic materials; and

(c) be constructed so as to protect shellfish from physical, chemical or thermal conditions that may compromise shellfish survival, quality or biological activity.

(c) The Department shall issue an operating permit after approval of the operational plan and completion of a satisfactory Department inspection of the constructed facility.

(d) Wet Storage in land-based ponds or tanks.

(1) Construction Permit Requirements. An Operational Plan shall be provided in conjunction with the Wet Storage Facility Construction Permit application. The Operational Plan shall address the following:

(a) the purpose of the wet storage activity, such as holding, conditioning or increasing the salt content of shellstock;

(b) any species-specific physiological factors that may affect design criteria;

(c) details of the design and proposed construction of the onshore storage facility as required by item D.3(d)(2), source, quantity and quality of water to be used for wet storage as required by item D.3(d)(3), and details of the design and proposed construction of any water treatment system.

(2) Construction Requirements. Each land-based wet storage operation shall meet the following design, construction, and operating requirements:

(a) Effective barriers shall be provided to prevent entry of birds, animals, and vermin into the area.

(b) Storage tanks and related plumbing shall be fabricated of non-toxic material and shall be easily cleanable.

(c) Tanks shall be constructed so as to be easily accessible for cleaning and inspection, self-draining and fabricated from nontoxic, corrosion resistant materials.

(d) Plumbing shall be designed and installed so that it can be cleaned and sanitized on a regular schedule, as specified in the operating procedures.

(e) Storage tank design, dimensions, and construction shall be such that adequate clearance between shellstock and the tank bottom can be maintained.

(f) Shellstock containers, if used, shall be designed and constructed so that the containers allow the free flow of water to all shellstock within a container.

(g) Buildings. When a building is used for the wet storage operation:

(i) Floors, walls, and ceilings shall be constructed in compliance with the applicable provisions of Chapter I;

(ii) Lighting, plumbing, water and sewage disposal systems shall be installed in compliance with applicable provisions of Chapter I.

(h) Outdoor Tank Operation. When the wet storage operation is outdoors or in a structure other than a building, tank covers shall be used. Tank covers shall:

(i) Be constructed of a light colored material;

(ii) Prevent entry of birds, animals or vermin;

(iii) Remain closed while the system is in operation except for periods of tank loading and unloading, or cleaning.

(3) Water Supply.

(a) The quality of source water prior to treatment shall meet, at a minimum, the bacteriological standards for the restricted classification.

(b) Any well used as source water for wet storage shall be constructed, operated and maintained in accordance with all applicable Departmental regulations.

(c) Except when the source of the water is a growing area in the approved classification, a water supply sampling schedule shall be included in the dealer's operating procedures and water shall be tested according to the schedule.

(d) Results of water samples and other tests to determine the suitability of the water supply shall be maintained for at least two (2) years.

(e) Disinfection or other water treatment such as the addition of salt cannot leave residues unless they are Generally Recognized as Safe (GRAS) [see Title 21 Code of Federal Register (21CFR) (April 1, 2007)] and unless they do not interfere with the shellstock's survival, quality or activity during wet storage.

(f) Disinfected water entering the wet storage tanks shall have no detectable levels of the coliform group as measured by a recognized multi-tube MPN test per one hundred (100) ml. for potable water.

(g) When the laboratory analysis of a single sample of disinfected water entering the wet storage tanks shows any positive result for the coliform group, daily sampling shall be immediately instituted until the problem is identified and eliminated.

(h) When the problem that is causing disinfected water to show a positive result for the coliform group is eliminated, the effectiveness of the correction shall be shown on the first operating day following correction through the immediate collection, within a 24-hour period, of a set of three samples of disinfected water and one sample of the source water prior to disinfection.

(i) For water that is disinfected by ultra-violet treatment, turbidity shall not exceed twenty (20) nephelometric turbidity units (NTUs) measured in accordance with Standard Methods for the Examination of Water and Wastewater, APHA.

(ii) The disinfection unit(s) for the water supply shall be cleaned and serviced as frequently as necessary to assure effective water treatment.

(i) Continuous Flow-through Systems.

(i) If the system is of continuous flow-through design, water from a growing area classified as:

(a) Approved may be used, without disinfection, in wet storage tanks provided that the near-shore water source used for supplying the system meets the approved classification bacteriological criteria at all times that shellstock are being held in wet storage; or

(b) Other than approved may be used if the source water is continuously subjected to disinfection and it is sampled daily following disinfection.

(ii) When a source classified as other than approved is used, a study shall be required to demonstrate that the disinfection system will consistently produce water that tests negative for the coliform group under normal operating conditions. The study shall:

(a) Include five sets of three samples from each disinfection unit collected for five consecutive days at the outlet from the disinfection unit or at the inlet to at least one of the wet storage tanks served by the disinfection system;

(b) Include one sample daily for five consecutive days from the source water prior to disinfection;

(c) Use NSSP recognized methods to analyze the samples to determine coliform levels;

(d) Require all samples of disinfected water to be negative for the coliform group;

(e) Be repeated if any sample of disinfected water during the study is positive for the coliform group.

(iii) Once sanctioned for use, the water system shall be sampled daily to demonstrate that the disinfected water is negative for the coliform group.

(j) Recirculating Water System.

(i) A water disinfection system shall be required for all recirculating wet storage systems. A study shall be required to demonstrate that the disinfection system for the recirculating system will consistently produce water that tests negative for the coliform group under all operating conditions. The study shall meet the requirements in item D.3(d)(3)(i)(ii) above.

(ii) Once sanctioned for use, the recirculating water system shall be sampled weekly to demonstrate that the disinfected water is negative for the coliform group.

(iii) When make-up water of more than ten (10) percent of the water volume in the recirculating system is added from a growing area source classified as other than approved, a set of three samples of disinfected water and one sample of the source water prior to disinfection shall be collected within a twenty four (24) hour period to reaffirm the ability of the system to produce water free from the coliform group.

(iv) When multiple tube ultra-violet treatment with redundant capacity is used as a water disinfectant, each time a bulb change is required to replace a burned out bulb, or for periodic servicing, new ultra-violet bulbs shall be installed and old bulbs discarded. When a single tube ultra-violet treatment unit or a multi tube unit without redundancy is utilized, each time a bulb change is required either to replace a burned out bulb or for periodic servicing, new ultra-violet bulbs shall be installed and old bulbs discarded, a set of three (3) samples of disinfected water and one sample of the source water prior to disinfection shall be collected within a twenty four (24) hour period to reaffirm the ability of the system to produce water free from the coliform group. Ultra-violet systems using either a single tube or multiple-tube unit with no redundancy as their disinfections system may utilize an approved ultra-violet wavelength intensity monitoring unit to demonstrate bulb integrity.

4. Depletion of Closed Areas. If depletion of shellfish in a Prohibited Area is more economical than patrolling, all shellfish of market size and as many of smaller size as can be gathered by reasonable methods may be removed from the area by the Department or under direct supervision of the Department.

5. Shellfish Habitat Preservation. For purposes of shellfish habitat preservation, the Department may, in limited instances and with special conditions, authorize the translocation of viable shellfish beds within prohibited areas. Authorization shall be considered only upon official request from the South Carolina Department of Natural Resources.

E. SHELLFISH SAMPLING AND STANDARDS.

1. Sampling and Testing. Samples of shellfish may be taken for scientific examination for public health purposes at any reasonable time or place by agents of the Department. Samples of shellfish shall be furnished as necessary by processors and operators of facilities, trucks, carriers, stores, restaurants, and other places where shellfish are sold. Receipt for shellfish used for sampling shall be given upon request. The type of test to be performed shall be included on the receipt.

2. Adulteration Standards. In determining bacteriological adulteration of shellfish, the Department shall use an Escherichia coli Most Probable Number (MPN) of two hundred and thirty per one hundred grams of sample and a total bacteria count of five hundred thousand per gram. Shellfish containing levels of pathogenic organisms or other substances that render the shellfish potentially unsafe for human consumption shall also be deemed adulterated by the Department.

F. LABORATORY PROCEDURES.

1. General. Laboratory analyses shall be performed by a State laboratory or a laboratory authorized by the Department. Laboratories shall conform to requirements of National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance (chapter) III. Laboratory.

2. Microbiological. Methods, practices, and procedures for the analysis of shellfish and shellfish growing or harvest waters shall be the methods required by the National Shellfish Sanitation Program.

3. Physical and Chemical.

(a) Methods for the analysis of shellfish and shellfish growing or harvest waters shall:

(1) Be the current Association of Analytical Chemists (AOAC) or American Public Health Association (APHA) method for all physical and chemical measurements; and

(2) Express results of all chemical and physical measurements in standard units, and not instrument readings.

(b) When an AOAC or APHA method is not available, EPA methods may be used.

4. Biotoxin. Methods for the analysis of shellfish and shellfish harvest waters shall be:

(a) The current Association of Analytical Chemists (AOAC) and American Public Health Association (APHA) methods used in the bioassay for paralytic shellfish poisoning toxins;

(b) The current APHA method used in the bioassy for Karenia brevis toxins.

G. CERTIFICATION AND PERMITTING PROCEDURES.

1. General.

(a) It shall be unlawful for any person to shuck, pack, repack, depurate, transport in interstate commerce, or purchase from harvesters or growers, shellfish, who does not possess the appropriate valid certified shipper certificate issued by the Department or other appropriate state shellfish control authority. This item shall not be construed to prevent the transport of non-adulterated shellfish products by common carriers in the hire of a certified shipper, provided shellfish products shall be transported and handled in accordance with applicable provisions of this Regulation.

(b) Certified shipper certificates shall be of the following types:

(1) Shucker-Packer;

(2) Repacker;

(3) Shellstock Shipper;

(4) Reshipper;

(5) Depuration Processor.

(c) It shall be unlawful for any person to sell, offer for sale, distribute for financial consideration, or market shellfish for any purpose related to human consumption that have not been processed by a certified shipper.

(d) Nothing in this section shall be construed to prevent the intrastate distribution or sale of shellfish products for human consumption by persons not possessing a certified shipper certificate issued by the Department, provided, however, that it shall be unlawful for any person who has not been issued a valid certified shipper certificate to:

(1) Sell or offer for sale any shellfish that have not been obtained from a certified shipper;

(2) Sell or offer for sale any shellfish in non-original packaging, and without original tags or labels as affixed by the certified shipper from which the shellfish were obtained, provided, however, that this item shall not apply to persons possessing a valid operating permit issued under authority of South Carolina R.61-25 Retail Food Establishments, provided shellfish have been obtained from a certified shipper;

(3) Transport or store shellfish offered or intended for sale in vehicles that are not constructed, operated, and maintained to prevent contamination and deterioration of shellfish;

(4) Sell or offer for sale adulterated shellfish;

(5) Sell or re-distribute shellfish to certified shippers.

(e) It shall be unlawful for any person to relay, construct or operate a wet storage facility, construct or operate an aquaculture facility, construct a depuration facility, or harvest for depuration who does not possess the appropriate valid permit issued by the Department. Permits shall be of the following types:

(1) Relaying Permit;

(2) Wet Storage Facility Operating Permit;

(3) Wet Storage Facility Construction Permit;

(4) Depuration Harvest Permit;

(5) Depuration Facility Construction Permit;

(6) Aquaculture Facility Construction Permit;

(7) Aquaculture Facility Operating Permit.

2. Application Requirements.

(a) Application for certificates and permits shall be made on forms provided by the Department. Application forms may be obtained by contacting the S.C. Department of Health and Environmental Control, Environmental Quality Control Bureau of Water, 2600 Bull St., Columbia, S.C. 29201.

(b) A construction permit shall be required prior to the construction, expansion, or modification of any depuration, land-based aquaculture, or land-based wet storage facility. Issuance of a valid construction permit shall be required prior to issuance of the associated operating permit.

(c) Application for any activity requiring a construction permit shall include a written operations plan, including construction and site plan, detailing the scope and extent of the proposed construction and associated activity.

(d) Application for aquaculture and wet storage operating permits shall include a written operations plan detailing the scope and extent of the proposed operation.

(e) Application for certification as a depuration processor shall include a scheduled depuration process (operations plan and manual).

(f) Certificates and permits shall be non-transferable.

(g) Certificates and permits, unless otherwise specified, shall expire on June 30 of each year.

(h) Only persons who comply with the requirements of this Regulation shall be entitled to receive and retain a certificate or permit.

3. Issuance of Certificates and Permits.

(a) Certified Shipper Certificates.

(1) Upon receipt of a completed application package, including any required operations plan, the Department shall make comprehensive onsite inspections of the proposed certified shipper facility/operation as may be necessary to determine compliance with the applicable provisions of this Regulation. Inspections shall be conducted within the one hundred twenty (120) day period immediately prior to the issuance or renewal of the certification. Certification shall be issued only for facilities that meet the following requirements:

(a) Have a Hazard Analysis Critical Control Point (HACCP) plan accepted by the Authority;

(b) During inspection for certification, have no critical deficiencies (see section H.);

(c) During inspection for certification, have no more than two key deficiencies (see section H.);

(d) During inspection for certification, have no more than three other deficiencies (see section H.).

(2) The inspection report recommending initial certification shall include a compliance schedule to correct any key or other deficiencies not corrected by the dealer during the inspection.

(b) Construction and Operating Permits.

(1) Upon receipt of a completed application package, including any required written operations plan, the Department shall, as necessary, make comprehensive onsite inspections of the proposed facility or activity to determine compliance with the applicable provisions of this Regulation.

(2) Permits shall be issued only for facilities and activities meeting applicable requirements of this Regulation.

(3) Any operations plan accepted by the Department in conjunction with the issuance of a construction or operating permit shall not be modified without Department authorization.

H. INSPECTION AND COMPLIANCE.

1. Inspections.

(a) Access. For the purpose of determining compliance with this Regulation, authorized representatives of the Department shall, upon display of proper identification, be permitted to enter at any reasonable time any facility, establishment, market, vessel, or vehicle used to harvest, handle, process, store, sell, or transport shellfish.

(b) Inspection Frequency.

(1) Certified Shippers. Following issuance of a certified shipper certificate, unannounced performance-based inspections shall be made during periods of activity. Inspections and re-inspections shall be made, as determined necessary by the Department, for the effective enforcement of this Regulation. At a minimum, certified shipper facilities shall be inspected in accordance with the following frequencies:

(a) monthly for Depuration Processors;

(b) quarterly for Shucker-Packers or Repackers;

(c) semi-annually for Shellstock Shippers or Reshippers.

(2) Permits. Following issuance of any permit, inspections shall be made during periods of activity as necessary for the effective enforcement of this Regulation.

(c) Records. Authorized representatives of the Department shall, upon display of proper identification, be permitted to examine the records of any facility, establishment, or operation certified or permitted by the Department in accordance with this Regulation, for the purpose of obtaining information pertaining to shellfish grown or harvested, purchased, received, sold, shipped, distributed, shucked, packed, depurated or processed in any manner.

2. Compliance.

(a) National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance (chapter) X. General Requirements For Dealers shall be used in establishing and determining Hazard Analysis Critical Control Point (HACCP) and general sanitation requirements.

(b) National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance (chapters) XI. Shucking and Packing, XII. Repacking Of Shucked Shellfish, XIII. Shellstock Shipping, XIV. Reshipping, and XV. Depuration shall be utilized in determining certified shipper inspection item deficiency levels. Deficiencies documented during the inspection of certified shipper facilities shall be corrected in accordance with the following procedures:

(1) When any inspection detects a critical deficiency:

(a) The deficiency shall be corrected during that inspection; or

(b) The certified shipper shall immediately cease production affected by the deficiency.

(c) If the certified shipper facility fails to correct the critical deficiency during the inspection, the Department shall provide notice of intent to suspend or revoke the certificate.

(2) Shellfish products affected by a critical deficiency shall be controlled to prevent contamination or adulterated product from reaching consumers. The Department shall:

(a) Condemn and destroy adulterated shellfish;

(b) Initiate a recall of adulterated shellfish;

(c) Notify enforcement officials for the United States Food and Drug Administration, as well as shellfish control authorities in states that are known to have received adulterated shellfish.

(3) When any inspection detects key or other deficiencies not currently covered in a compliance schedule, the Department, working with the certified shipper, shall develop a compliance and correction schedule.

(4) When any inspection detects four or more new key deficiencies, the Department shall consider the following options and document the reasons for selection of one of the following options:

(a) Revise the existing compliance schedule;

(b) Commence action to suspend or revoke certification; or

(c) Seek other administrative remedies.

(c) Nothing in sub-section H.2 shall be construed to limit or make null any option for remedy as provided for in Section P. of this Regulation.

(d) Stop Sale or Disposal of Shellfish.

(1) If it has been determined by the Department that shellfish have not been grown, harvested, stored, treated, transported, handled, shucked, packed, processed, sold, or offered for sale in compliance with this Regulation, those shellfish shall be deemed adulterated.

(2) Shellfish or shellfish products determined to be adulterated shall be subject to stop sale or disposal by the Department. The Department may temporarily or permanently issue an order to stop sale, condemn, destroy, recall, or otherwise dispose of all shellfish or shellfish containers found to be adulterated.

(3) Adulterated shellfish shall be disposed of at the discretion of the Department.

(e) Suspension or Revocation of Permits or Certificates.

(1) If the Department has evidence that an operator of a shellfish activity or facility has created or is responsible for conditions that may cause shellfish to become adulterated, the permit or certificate may be suspended or revoked.

(2) Serious or repeated violations of any of the requirements of this Regulation, failure to cooperate, or interference with Department personnel in the performance of their duties shall be cause for a permit or certificate to be revoked.

(3) Decisions involving the issuance, denial, renewal, modification, suspension, or revocation of permits, licenses, certification, or other actions of the Department shall be in accordance with the provisions of S.C. Code Section 44-1-60, 1976 Code of Laws, as amended.

(f) Appeal. A Department decision involving the issuance, denial, renewal, modification, suspension, or revocation of permits, licenses, certification, or other actions of the Department may be appealed by the affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1; and Title 1, Chapter 23.

I. CERTIFIED SHIPPER FACILITIES.

1. General Requirements. In addition to and to the extent not inconsistent with other applicable provisions of this Regulation, certified shippers shall comply with the following sections of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance (chapter) X. General Requirements For Dealers:

(a) .01 General HACCP Requirements;

(b) .02 General Sanitation Requirements;

(c) .03 Other Model Ordinance Requirements;

(d) .07 Post Harvest Process Labeling; and

(e) .08 Shipping Documents and Records.

2. Shellfish Source. Certified shippers shall receive and/or process shellfish in accordance with the following:

(a) Shucker-packers, repackers, shellstock shippers, and depuration processors shall only receive or process shellfish that have been:

(1) Harvested from approved or conditionally approved growing areas in the open status, provided that this item shall not apply when closed area harvest has been conducted in conjunction with a special permit issued by the Department; or

(2) Obtained from a certified shipper that has obtained, handled, processed, and transported the shellfish in accordance with the provisions of this Regulation, or another state's substantially equivalent regulation.

(b) Reshippers shall receive shellfish only from certified shippers that have obtained, handled, processed, and transported the shellfish in accordance with the provisions of this Regulation, or another state's substantially equivalent regulation.

3. Shellfish Refrigeration. Certified Shipper facilities shall have non-mobile, mechanically refrigerated storage rooms capable of maintaining all non-frozen shellfish at a temperature of forty-five (45) degrees Fahrenheit (7.2 degrees Centigrade) or less.

4. Shellstock Temperature Management. Certified shippers shall manage shellstock temperature in accordance with the provisions of item C.2.(b).

5. Temperature Control. Certified shippers shall control shellfish temperatures in accordance with the provisions of items C.2.(c) and C.2.(e).

6. Shellstock Identification. Certified shippers shall identify shellstock in accordance with item C.2.(d)(1) of this Regulation.

7. Shucked Shellfish Labeling. Certified shippers shall label shucked shellfish in accordance with item C2.(f)(1) of this Regulation.

8. Bulk Receiving. When bulk tagged lots of shellfish are received, certified shippers shall use an intermediate processing plan authorized by the Department to ensure shellfish are controlled to prevent commingling or misidentification.

J. SHUCKER-PACKERS.

1. General Requirements. In addition to and to the extent not inconsistent with other applicable provisions of this Regulation, shucker-packers shall comply with dealer requirements of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance (chapter) XI. Shucking and Packing.

2. Heat Shock. Heat shock shall only be conducted in accordance with a scheduled heat shock process authorized by the Department.

K. REPACKERS.

General Requirements. In addition to and to the extent not inconsistent with other applicable provisions of this Regulation, repackers shall comply with National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance (chapter) XII. Repacking Of Shucked Shellfish.

L. SHELLSTOCK SHIPPERS.

General Requirements. In addition to and to the extent not inconsistent with other applicable provisions of this Regulation, shellstock shippers shall comply with National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance (chapter) XIII. Shellstock Shipping.

M. RESHIPPERS

General Requirements. In addition to and to the extent not inconsistent with other applicable provisions of this Regulation, reshippers shall comply with National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish (chapter) XIV. Reshipping.

N. DEPURATION.

General Requirements. In addition to and to the extent not inconsistent with other applicable provisions of this Regulation, depuration processors shall comply with the dealer requirements of National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Model Ordinance (chapter) XV. Depuration.

O. SHELLFISH AQUACULTURE.

1. General.

(a) For purposes of this Regulation, aquaculture encompasses the following:

(1) Open-water and/or Land-based operations, other than shellfish seed hatchery operations;

(2) Monoculture (molluscan shellfish) or Polyculture (molluscan shellfish combined with non-molluscan organisms) production.

(b) Any person operating a land based aquaculture facility that grows or produces molluscan shellfish for sale shall obtain the following from the Department prior to commencing operations or harvesting shellfish for human consumption:

(1) An Aquaculture Facility Construction Permit based upon criteria described in the facility's operational plan as required by Section O.4(a); and

(2) An Aquaculture Operating Permit based upon successfully meeting the requirements of all applicable portions of this Regulation; and

(3) Certification as a processor, unless the permitted aquaculturist provides the Department with prior notice that harvested shellfish are to be delivered to a Shucker-Packer (SP), Repacker (RP), Shellstock Shipper (SS), or Depuration Processor (DP) within the State.

(c) Any person operating an open water aquaculture facility that grows or produces molluscan shellfish for sale shall obtain the following from the Department prior to commencing operations or harvesting shellfish for human consumption:

(1) An Aquaculture Operating Permit based upon successfully meeting the requirements of all applicable portions of this Regulation; and

(2) Certification as a processor, unless the permitted aquaculturist provides the Department with prior notice that harvested shellfish are to be delivered to a Shucker-Packer (SP), Repacker (RP), Shellstock Shipper (SS), or Depuration Processor (DP) within the State.

(d) Shellfish aquaculture shall be practiced only in strict compliance with the specific provisions of the Aquaculture Permit.

(e) Applications for Aquaculture Permits must contain a written operational plan detailing the scope and extent of the operation.

(f) Water quality at any site used for aquaculture shall meet the criteria for an approved, conditionally approved, or restricted area classification provided, however, this item shall not apply to shellfish seed operations when:

(1) The use of a prohibited growing area is sanctioned for seed culture operations by the Department;

(2) Prior to relocation, seed cultured in any prohibited area are demonstrated to the Department to have acceptable levels of poisonous or deleterious substances;

(3) Seed cultured in prohibited growing areas are relocated with Department authorization and cultured for a minimum of six months in areas exhibiting approved area criteria; and

(4) Shellfish relocated in accordance with this section shall not be harvested without Department authorization.

(g) Shellfish cultured in any land-based system meeting the criteria for an approved area classification throughout the culture period may be immediately marketed.

(h) Any shellfish raised in aquaculture shall be subjected to relaying or depuration prior to direct marketing if the culture area or facility is located in or using water that is in one of the following:

(1) A conditionally approved area classification in a "closed" status; or

(2) A restricted area classification.

(i) Only drugs authorized by the United States Food and Drug Administration shall be used for shellfish treatment.

(j) Complete and accurate records shall be maintained for at least two years by the aquaculturist and shall include the:

(1) Source of shellfish, including seed;

(2) Dates of transplanting and harvest; and

(3) Water source, its treatment method, if necessary, and its quality in land based systems.

(k) Harvesting, processing, storage, and transportation of shellfish shall comply with all other applicable requirements of this Regulation.

2. Seed Source. Aquaculture Permit holders shall provide the Department with documentation concerning the source of seed shellstock.

3. Open Water Operations. Open-water aquaculture operations shall comply with all applicable requirements of this Regulation.

4. Land-Based Operations. Applicants for land-based aquaculture permits shall provide the following to the Department:

(a) A written operational plan that shall include:

(1) A description of the design and activities of the aquaculture facility;

(2) The specific site and boundaries in which shellfish culture activities will be conducted;

(3) The types and locations of any structures, including rafts, pens, cages, nets, tanks, ponds, or floats utilized in the aquaculture operation;

(4) The species and source of shellfish, including seed, to be cultured and harvested;

(5) If appropriate, the source and species of other organisms to be cultured in any polyculture systems;

(6) Procedures to assure that no poisonous or deleterious substances are introduced into the activities;

(7) A program of sanitation, maintenance, and supervision to prevent contamination of the final shellfish products;

(8) A description of the water source, including the details of any water treatment process or method, if necessary;

(9) A program to maintain water quality that includes collection of water samples for microbial analysis, temperature and salinity monitoring, and analytical methods used. The bacterial indicator monitored shall be the same as used for monitoring growing areas;

(10) Collection of information on the microbial and chemical quality of shellfish harvested from the aquaculture site;

(11) Collection of data concerning the quality of food produced for use in the artificial harvest system;

(12) Maintenance of the required records; and

(13) How shellstock will be harvested, processed if applicable, and sold.

(b) Water Systems.

(1) Water disinfection will not be required if shellfish are held at all times in continuous flow through systems that utilize water from an approved growing area, or from a conditionally approved area in the open status.

(2) Closed or recirculating systems shall:

(a) Not contaminate shellfish with residues that are not Generally Recognized As Safe (GRAS) [see Title 21 CFR (April 1, 2007)]; and

(b) Utilize waters classified as approved, conditionally approved or restricted; and

(c) Be maintained, at a minimum, at the bacteriological quality of the restricted classification.

(3) If the water in the closed or recirculating system is from water classified as conditionally approved, the operational plan shall include a sampling schedule and shellfish shall not be harvested until:

(a) a total of three water samples have been collected from the system a minimum of three days apart over a 14 day period; and

(b) fecal coliform levels in each sample are not greater than fourteen (14) MPN per one hundred (100) ml.

(c) Water Quality.

(1) Shellstock held at all times in waters meeting the criteria for an approved area may be used for direct marketing.

(2) If the water in a closed or recirculating system is from a source classified as conditionally approved and in the open status, shellstock may be marketed directly if the water quality meets a fecal coliform level of less than fourteen (14) MPN per one hundred (100) ml. in each sample collected in the 14 days prior to harvest.

(3) Shellstock in a closed or recirculating system that does not meet the water quality requirements of items O.4(c)(1) or O.4(c)(2) shall be relayed or depurated prior to direct marketing.

5. Polyculture Activities. Aquaculture permit applicants engaging in Polyculture activities shall include in an operational plan provisions to:

(a) Provide information concerning all sources and species of all organisms to be cultivated, cultured, and harvested;

(b) Monitor for human pathogens, unacceptable levels of animal drugs, and other poisonous or deleterious substances that might be associated with polyculture activities; and

(c) Subject all harvested shellstock to relaying or depuration.

6. Mariculture Permit Areas. Operators of shellfish mariculture permit areas permitted by the South Carolina Department of Natural Resources shall provide the Department with a written operational plan that shall include:

(a) A description of activities associated with the operation;

(b) The specific site and boundaries in which shellfish culture activities will be conducted;

(c) The types and locations of any structures, including rafts, pens, cages, nets, tanks, ponds, or floats utilized in the aquaculture operation;

(d) The type and source of shellfish, including seed, to be cultured and harvested;

(e) Documentation of the source of seed shellstock.

P. REMEDIES.

1. General. In addition to the provisions herein for administrative suspension or revocation of operating permits, the Department may, at its discretion, bring civil court proceedings to enforce provisions of this Regulation, and may also seek to impose criminal sanctions for violation of this Regulation.

2. Criminal Liability. Violation of any provision of this Regulation shall be punishable in accordance with Section 44-1-150 and Section 44-1-151, Code of Laws of South Carolina, 1976, and any subsequent amendments.

HISTORY: Amended by State Register Volume 21, Issue No. 2, eff February 28, 1997; State Register Volume 24, Issue No. 5, eff May 26, 2000; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 32, Issue No. 6, eff June 27, 2008.

61-49. Crabmeat.

Table of Contents

1. Definitions

2. Permits

3. Plant and Grounds

4. Floors, Walls and Ceilings

5. Animal and Rodent Control Measures

6. Lighting

7. Heating, Cooling and Ventilation

8. Water Supply

9. Plumbing and Related Facilities

10. Sewage Disposal

11. Construction of Utensils and Equipment

12. General Cleanliness

13. Cleaning of Buildings and Equipment

14. Methods of Bactericidal Treatment of Utensils and Equipment

15. Storage of Equipment

16. Receiving of Crabs

17. Cooking

18. Cooling

19. Picking and Packing

20. Pasteurizing

21. Freezing

22. Crab Scrap Disposal

23. Handling of Single Service Containers

24. Refrigeration

25. Health and Cleanliness of Personnel

26. Supervision

27. Microbiological Standards

28. Enforcement Interpretations

1. Definitions

a. Crab Meat: The meat of the blue crab, Callinectes sapidus, steamed or cooked without processing other than picking, packing, pasteurizing, freezing and refrigerated storage.

b. Food-Contact Surface: The parts of food equipment, including auxiliary equipment, which may be in contact with the food being processed, or which may drain into the portion of equipment with which food is in contact.

c. Fresh Crab: A live, raw or frozen crab which shows no decomposition.

d. Internal Temperature: The temperature of the animal or product as opposed to the ambient temperature.

e. Packing/Shipping: Inspecting, final packaging, placing crab meat under refrigeration and shipping.

f. Pasteurization: The term "pasteurization", "pasteurized" and similar terms shall mean the process of heating every particle of crab meat in an approved hermetically-sealed container to a temperature of at least 185F. and holding it continuously at or above this temperature for at least one minute in properly operated equipment approved by the South Carolina State Board of Health; provided that nothing in this definition shall be construed as barring any other pasteurization process which has been found equally effective and which is approved by the South Carolina State Board of Health.

g. Picking/Packing: Picking crab meat and placing the meat in a container.

h. Potable Water: Water from an approved water supply.

i. Sanitize: The effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the South Carolina State Board of Health and is effective in destroying vegetative cells of pathogenic bacteria and in substantially reducing other micro-organisms. Such treatment shall not adversely affect the product and shall be safe for the consumer.

j. Person: The word "person" shall mean an individual, firm, association, organization, partnership, business trust, corporation, company, or any public or private entity.

k. Overage: "Overage" is the crab meat that is in excess of an even number of pounds delivered by the picker to the packing room.

2. Permits

a. Any person shall, before entering the business of operating a crab meat processing plant, apply for a Permit from the South Carolina State Board of Health, and it shall be unlawful for any person to operate a crab meat processing plant in the State of South Carolina who does not possess such a Permit.

b. Any person before offering cooked crabs for sale shall apply for a Food Service Permit or a Retail Market Permit from the South Carolina State Board of Health.

3. Plant and Grounds

a. Plant design shall provide for continuous flow of the raw materials and product, to prevent contamination by exposure to areas involved in earlier processing steps, refuse or other objectionable areas.

b. Plants in which crab meat is picked and packed shall, to the extent feasible, be so located that they will not be subject to flooding by high tides. If plant floors are flooded, processing shall be discontinued until after waters have receded and the facilities are cleaned and sanitized. (A minimum plant elevation of at least two feet above mean high water shall be provided in new plant construction.)

c. Separate rooms or areas approved by the South Carolina State Board of Health should be provided for receiving, washing and cooking crabs.

d. The following processes shall be carried out in separate rooms or facilities and the interior walls separating these rooms shall extend from floor to ceiling and contain only necessary openings (such as conveyors and doorways):

(1) Cooling.

(2) Picking/Packing. (If mechanization is planned that will provide for a single flow-through process the picking/packing and packing/shipping activities can be carried out in one room.)

(3) Packing/Shipping.

(4) Refrigeration of picked crab meat.

(5) Refrigeration of unpicked cooked crabs; provided that in an emergency cooked crabs may be stored in the same refrigeration room with packed crab meat.

(6) Refrigeration of uncooked items such as fresh crabs, bait, or fish.

(7) Pasteurizing.

e. Separate rooms shall be provided for:

(1) Container storage.

(2) Locker and lunch.

(3) Toilets.

(4) Sales.

f. The cooking room or area shall be under permanent cover, located between the area for receiving raw crabs and the cooling room, and be properly vented to assure the quick removal of steam.

g. The construction and arrangement of the cooling room shall give adequate protection to the cooked crabs from flies, insects, rodents, dust, plant traffic, and the washing down operation. This room and the refrigeration room for cooked crabs shall open directly into the picking room, or screened in area or passage way through which crabs are transported after cooling.

h. Adequate space shall be provided for all routine operations to permit sanitary handling of crabs and crab meat and thorough cleaning of equipment.

i. The delivery window between the picking/packing and packing/shipping rooms shall be equipped with a corrosion-resistant shelf of metal or equal smooth "non-porous" surface, draining toward the picking room.

j. Rooms or lockers shall be provided which have adequate capacity for storing clothing, aprons, gloves, and other personal articles of employees.

4. Floors, Walls and Ceilings

a. Floors: All floors shall be of smooth materials and so constructed as to be easily cleanable and shall be kept clean and in good repair. Floors in cooling, picking, packing, refrigeration, and toilet rooms, shall be of concrete or other equally impervious and easily cleanable material. Adequate floor drainage shall be provided in all areas where floors are subject to flooding type cleaning or where normal operations release or discharge water or other liquid waste on the floor. Joints between floors and walls should be covered.

b. Walls and Ceilings: All walls and ceilings shall be of tile, concrete, cement plaster, concrete blocks, painted wood, or equivalent material having a smooth, light-colored surface which will endure repeated washing and shall be free from cracks, ledges and shelves. Doors and windows shall be properly fitted and maintained in good repair.

5. Animal and Rodent Control Measures

a. The plant shall be so constructed as to prevent entrance of rodents and there shall be no evidence of rodents in any part of the plant.

b. Effective measures shall be taken to keep domestic animals, fowl, flies, rodents, and other vermin out of the establishment and to prevent their breeding or presence on the premises. All openings to the outer air shall be effectively protected against the entrance of such insects and rodents by self-closing doors, closed windows, 16-mesh or finer screening, controlled air currents, or other effective means.

c. Rodenticides which are highly toxic to humans shall not be stored in crab meat processing plants and shall not be used except under the supervision of a licensed pest control operator or other qualified specialist. (Rodenticides which have a low toxicity for humans shall be identified, stored, and used in such a manner as to prevent contamination of the product and to cause no health hazards to employees.)

6. Lighting

a. Adequate lighting shall be provided to hand-washing areas, dressing and locker rooms and toilet rooms and to all areas where crabs and crab meat are processed and stored and where equipment and utensils are cleaned. Light bulbs, fixtures, skylights, or other glass suspended over exposed crabs or crab meat in any step of preparation shall be of the safety type or otherwise protected to prevent food contamination in case of breakage.

b. Work, storage areas, toilets and privies shall be lighted to at least the intensity indicated below:

(1) Fifty (50) ft. candles illumination over working surfaces in picking and packing areas.

(2) Twenty-five (25) ft. candles illumination in storage rooms, including refrigerated storage rooms, and toilet rooms and privies.

7. Heating, Cooling and Ventilation

a. All rooms and areas shall be well ventilated, by natural or artificial means which are effective under actual work use conditions, and shall be heated and/or cooled if necessary to maintain a comfortable working temperature. The cooling is to reduce perspiration drip and need for mopping of face and arms.

8. Water Supply

a. The water supply shall be approved as safe by the South Carolina State Board of Health.

b. All air cooling, picking, and packing rooms shall be provided with faucets and wash down hoses, protected by vacuum breakers.

c. An automatically regulated hot-water system shall be provided which has sufficient capacity to furnish water with a temperature of at least 130F. during all hours of plant operation.

d. Sufficient water shall be available for all plant needs. (Nonpressure supplies will not constitute compliance.)

e. Hot and cold water outlets designed for the facility shall be provided at each sink compartment, except that warm water only may be acceptable at handwashing sinks as provided by Item 8e.

9. Plumbing and Related Facilities

a. Plumbing shall be installed in compliance with State and local plumbing ordinances, or be substantially equivalent to the recommendation contained in the current American Standard National Plumbing Code.

b. There shall be no cross-connections between the approved pressure water supply and water from a nonapproved source, and there shall be no fixtures or connections through which the approved supply might be contaminated by back siphonage.

c. There shall be at least 1 lavatory for every 20 employees among the first 100 employees, and at least 1 lavatory for each 25 employees in excess of the first 100. (Twenty-four lineal inches of wash sink or 18 inches of a circular basin, when provided with water outlets for such space, will be considered equivalent to 1 lavatory.)

d. Handwashing facilities shall be convenient to the work areas, and so located that the person responsible for supervision can readily observe that employees wash their hands before beginning work and after each interruption. There shall be at least one lavatory in the packing room for use by packing room workers.

e. The lavatories shall be provided with hot water (at least 100F.) either from a controlled temperature source with a maximum temperature of 115F., or from a hot-and-cold mixing or combination valve. (Steam water mixing or steam water combination valves are not acceptable.)

f. Supplies of soap and single-service paper hand towels and protected dispensers shall be available near the lavatory. (Other sanitary drying devices if approved by the State Board of Health are also acceptable.) Adjacent to the lavatories, a container of suitable construction shall be provided for the sole purpose of sanitizing the hands in an approved solution of adequate strength, 100 parts per million of available chlorine or its bactericidal equivalent.

g. Conveniently located, separate toilets shall be provided for each sex, excepting that separate facilities need not be required when family operations are carried on and satisfactory toilets are located nearby, and also when there are no more than 15 employees with no more than one employee of the 15 of a different sex. The number of water closets provided shall comply with applicable state laws. In the absence of such laws, the following number of water closets shall be provided:

NUMBER OF EMPLOYEES NUMBER OF WATER CLOSETS [FN1]

Male Female

1 to 15 1 1

15 to 30 2 2

30 to 50 3 3

50 to 100 5 5

Over 100 (for each 1 1

additional 30 persons)

FN [FN1] Whenever urinals are provided, one water closet less than the number

specified may be provided for each urinal installed, except that the number

of water closets in such cases shall not be reduced to less than two-thirds

of the minimum specified. A 24-inch trough will be considered equivalent to

one urinal.

h. The toilet rooms or privies shall be kept clean and in good repair.

i. The toilet rooms and privies shall be furnished with toilet tissue.

j. Toilet rooms and outside privies shall be fly tight with self-closing doors opening outward; provided that the doors shall not open directly into areas where food is exposed to airborne contamination.

k. Toilet rooms and privies shall be ventilated by a direct opening to the outer air, or by a mechanical ventilating system. (Exhaust fans, if used, should have a minimum capacity of 2 cubic feet a minute per square foot of floor area.) Air vents should be screened or have self-closing louvers.

l. Fixtures, ducts and pipes shall not be so suspended over working areas that drip or condensate may contaminate foods, raw materials or food-contact surfaces.

m. Plumbing facilities and equipment shall be so constructed and so located as to permit no splashing of water onto picking tables, packing tables, meat to be or already packed, packing cans, picking pans in transit, unpicked cooked crabs, or shelf of the window through which picked crab meat is delivered to the packing room.

n. Plumbing facilities and equipment shall be so placed as to facilitate the flow of plant activities and in relation to use, while at the same time avoiding crowded conditions.

10. Sewage Disposal

a. Sewage shall be discharged into public sewers wherever possible.

b. Any private sewage disposal facilities utilized shall be constructed and operated so as to comply with the State Board of Health requirements; privies shall be permitted only where water carriage systems are infeasible.

c. No human excreta shall be accessible to flies or rodents.

d. All sewage and other liquid wastes shall be disposed of in such a manner as not to create a nuisance or degrade water quality standards. On new construction, no wastes from hand wash and utensil wash sinks shall be discharged overboard without proper treatment.

11. Construction of Utensils and Equipment

a. All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be kept in good repair; and the food contact surfaces of such equipment and utensils, shall, in addition, be easily accessible for cleaning, non-toxic, corrosion resistant, nonabsorbent and free of open seams.

b. [Blank]

12. General Cleanliness

a. Material and equipment not in routine use shall be stored in designated rooms or areas.

b. The processing areas of the plant shall not be used for other operations while crabs are being processed, unless approval is given by the South Carolina State Board of Health.

c. No unauthorized persons shall be allowed in the processing areas of the plant at any time. Sales of crabs or crab meat shall not be made from any processing portion of the plant or by any processing personnel.

d. Premises shall be clean and free of litter and rubbish.

13. Cleaning of Buildings and Equipment

a. The plant interior shall be kept clean and all utensils and equipment shall be thoroughly cleaned at the end of each day's operation and more often if necessary. Food contact surfaces shall also be sanitized at the end of each day's operation and also immediately prior to the start of the new day's operation. Sanitized shovels shall not be stored on the floor. Picking pans and knives shall be cleaned and rinsed in a bactericidal solution frequently during the day's operations, such as after delivery of meat to the packing room. Picking knives shall not be padded with paper towels or rags.

b. Adequate facilities shall be provided and used for the cleaning and sanitizing of utensils and equipment, including, for every 30 pickers, a three-compartment wash sink of adequate size with hot and cold running water piped to each compartment, located in the picking room. Adequate facilities for washing and sanitizing scrap containers must be provided.

14. Methods of Bactericidal Treatment of Utensils and Equipment

a. All food contact surfaces shall be treated by one or more of the following methods:

(1) Exposure for at least 15 minutes at a temperature of at least 170F., or for at least 5 minutes at a temperature of at least 200F., in a steam cabinet equipped with a thermometer located in the coldest zone. (Absence of a thermometer violates this item.)

(2) Immersion for at least 1 minute in, or exposure for at least 1 minute to, a flow of a solution maintained at not less than 100 parts per million of free chlorine or its equivalent. All food contact surfaces must be wetted by the bactericidal solution, and piping so treated must be filled. Bactericidal sprays containing not less than 200 parts per million of free chlorine or its equivalent may be used for large equipment. Bactericidal treatment with chemicals is not effective unless the surface has been thoroughly cleaned.

(3) Any bactericide approved by the State Board of Health is satisfactory for use in connection with crab plant sanitation.

15. Storage of Equipment

a. Equipment and utensils which have been cleaned and given bactericidal treatment shall be stored so as to be protected against contamination.

b. [Blank]

16. Receiving of Crabs

a. Only fresh crabs shall be accepted for processing. No crab plant shall pick crab meat from any interplant shipment of cooked crabs or portions thereof without special authority from the State Board of Health.

b. Fresh crabs shall be cooked as soon as possible after receipt at the processing plant.

c. Crabs may be washed or purged before processing.

17. Cooking

a. Crabs shall be cooked under steam pressure until such time that the internal temperature of the centermost crab reaches 235F. Temperature shall be measured with a maximum registering thermometer having a range of 170-270F.

b. The retort shall be so constructed as to permit a working pressure of at least 20 psig. The steam inlet shall be at the base of the retort and permit a horizontal and upward flow of steam so as to provide a uniform and complete distribution of steam. Venting shall be sufficient to permit complete elimination of air from the retort. If more than one vent is needed, one vent shall remain in an open position at all times. Drains and vents shall be located at least two feet above mean high water. The design of some retorts will require the steam inlets to be located so as to disburse the steam uniformly throughout the retort without following the design described in the foregoing paragraphs.

c. The retorts shall be equipped with:

(1) An enclosed, mercury-filled, indicating thermometer with a range that will include 170-270F. and located with the bulb extending into the heat chamber.

(2) A pressure indicator, at least 3 inches in diameter, with a 0-30 psig range, and located adjacent to the indicating thermometer.

(3) A safety valve operational at 18-30 psig, located in the upper portion of the retort, protected from tampering, and appropriate for operator's personal safety.

d. Boiler must be of such capacity as to maintain at least 45 psig during cooking. The steam line from the boiler to the retort shall be at least 1 1/4 inches I.D. (inside diameter). A pressure regulating valve, with a 10-30 psig range is optional. If used, it shall be located on the steam line and shall be 1 1/4 inches I.D. if not adjacent to the retort, or at least 1 inch I.D. if adjacent.

e. Overhead hoists shall be equipped with chain bags.

f. Retort cooking baskets shall be so designed as to allow for proper steam disbursement, ease of handling and dumping and satisfactory cleaning. Stainless steel is preferable for the construction of cooking baskets.

18. Cooling

a. Cooked crabs, after removal from the retort, must be moved immediately to a protected area to be air cooled to room temperature without being disturbed. Cooked crabs must be placed under refrigeration at 45F. or less if picking operations are not completed during the work shift that cooking is completed. Cooked crabs must be protected from all contaminants and must be stored in original retort cooking basket.

b. [Blank]

19. Picking and Packing

a. The picking and packing operations shall be conducted in a sanitary manner. All cooked crabs placed before a picker shall be picked before a new supply is delivered. Crab meat shall be placed under refrigeration within two hours after picking. "Overages" shall not be returned to pickers.

b. Repacking of crab meat which has been picked or processed in another plant shall not be allowed except in plants which are engaged in further processing. Prior written approval from the South Carolina State Board of Health must be obtained.

c. Blending of fresh, and/or frozen and/or pasteurized crab meat shall be prohibited.

d. Cans or other containers for packaging cooked crab meat shall be clean, sanitized, single-service, made of an approved material, and capable of being tightly sealed.

e. Packer's certificate number shall be legibly impressed, embossed or lithographed in or on the sides of the containers in which crab meat is packed, except when the lid becomes an integral part of the container during the sealing process the number may be on the lid; name and address of the firm or distributor shall be similarly marked on the container lid. Plastic bags shall have the name and address of the packer or distribution and certifications number of the packer permanently marked on them (hand-stamping is unacceptable). Containers bearing a certificate number other than that of the respective plant shall not be allowed in the plant. Each container shall be permanently and legibly identified with a code indicating the date of packing.

f. Only clean shipping barrels, boxes and containers shall be used.

20. Pasteurizing

a. Pasteurization process controls shall be provided as follows:

(1) Recording and Indicating Thermometers: Both recording and indicating thermometers shall be provided on all pasteurizing equipment, and serve as time-temperature controllers. The bulbs of both thermometers shall be so located as to give a true representative of the operating temperature of the water bath. A representative of the South Carolina State Board of Health shall check the accuracy of both thermometers as installed and at least once each operating season. The recording thermometer chart must be at least a 24-hour chart, and at least 12 inches in diameter.

(2) Protection of Recording Thermometer: The recording thermometer shall be installed so that it will be protected from vibration and from striking by loading operations of plant traffic. The thermometer mechanism shall be so located as to be protected from moisture under prevailing operating conditions. The thermometer case shall not be opened during the pasteurizing cycle except for temperature check, or for emergency adjustment or repair, a record of which shall be made.

(3) Recording Thermometer Temperature Range and Accuracy: The recording thermometer shall have a range of at least 120-220F. It shall be accurate within plus or minus 1F. between 160F. and 200F. The chart shall be scaled at a maximum of 2F. intervals in the range of 160F. and 200F.

(4) Indicating Thermometer Temperature Range and Accuracy: The indicating thermometer shall be a mercury thermometer with an accuracy and readability of plus or minus 1F. between 160F. and 200F. The thermometer should be protected against damage.

(5) Recording Thermometer Time Accuracy: The recording thermometer shall be equipped with a spring-operated or electrically operated clock. The recorded elapsed time as indicated by the chart rotation shall not exceed the true elapsed time as shown by an accurate watch. The rotating chart support shall be provided with pins upon which the chart shall be affixed by puncturing the chart.

(6) Use of the Recording Thermometer Chart: The pasteurization unit shall not be operated without a recording thermometer chart in place, the pen in contact with the chart and an inked record being made of the operating time-temperature cycle. Any indication of falsification of a thermometer chart shall constitute a violation. A new chart shall be used for each day's operations and the code number or date of each batch affixed to the chart for each pasteurizing cycle. A permanent file of the used thermometer charts shall be maintained by the pasteurizer and kept available for inspection by the South Carolina State Board of Health representatives for a period of one year. The following information shall be recorded within the confines of the pen markings after the pasteurization cycle has been completed:

a. Date of processing.

b. Quantity of each batch processed (pounds of meat, or number and size of containers).

c. Processor's code of each pack.

d. If the pasteurizer processes meat for someone else, then the packer's name, address and license or certification number must be recorded.

e. Mechanical or power failure, or opening of the recording thermometer case for adjustment or repair during a pasteurizing cycle.

f. After the optimum temperature has been reached and during the holding time, the reading of the indicating thermometer and the time of reading shall be recorded on the chart.

g. Written signature of the pasteurizer operator. In some instances it will be necessary to attach a log of each batch pasteurized to the daily thermometer chart. The attached log sheet shall contain the time that each container is placed into the pasteurizing vat, when it is removed, when it is placed into the cooling tank and when it is removed from the cooling. Each container shall be appropriately identified by a number.

(7) Use of a Constant-Flow Steam-Control Valve: A constant-flow steam-control valve is required if steam is used as a source of heat.

Advisory: 1. Do not overload the water bath. Overloading often results in undercooked meat.

2. Better distribution of heat is provided if steam is released from the side of the steam discharge spreader pipes in the base of the water bath--this results in the tangential release of steam.

3. The containers should be immersed to a depth of six (6) inches below the surface of water with a minimum of three (3) inches of clearance of the sides of the water bath and minimum of two (2) inches of clearance of the bottom.

4. The basket cover should be perforated for water circulation.

(8) The water bath shall be provided with effective agitation to maintain a uniform temperature.

a. The preparation of crab meat for pasteurizing shall be in accordance with the following:

1. Preparation: Crab meat for pasteurization shall be prepared in compliance with existing State Board of Health regulations for fresh meat.

2. Sealing of Containers: The containers of crab meat shall be sealed as quickly as possible after the meat is picked.

3. Refrigeration: The containers of crab meat shall be placed immediately under ice refrigeration if the pasteurization process is to be performed at some period of time greater than sixty (60) minutes of sealing the can.

b. The pasteurizing of crab meat shall be in compliance with the following:

1. Pasteurizing Operation: Crab meat for pasteurization shall be pasteurized within 24 hours of the time it is picked. The minimum pasteurization specifications shall be the raising of the internal temperature of the container of crab meat to 185F. and holding at that temperature for at least one minute at the geometric center of a container approved by the South Carolina State Board of Health; provided, that nothing in this definition shall be construed as barring any other pasteurization process which has been found equally effective and which is approved by the S. C. State Board of Health. Each set of pasteurizing equipment shall be standardized so that the above pasteurization treatment can be obtained. The pasteurizer shall keep on file the standardization report, and his pasteurization procedure shall be performed in accordance with it.

Advisory: This means that temperature-time requirements must be determined for each water bath and for other conditions, such as the temperature of the meat, for the size of the container and other variables. Alteration of the equipment or in the stacking of containers shall require that the procedure be restandardized. Plant operators are warned that time-temperature conditions for one water bath may not give a satisfactory pasteurization on another water bath.

2. Chilling: The containers of meat must be chilled by cooling to 100F. or less within 50 minutes to allow refrigeration storage within one hour after processing. The procedure for chilling shall be standardized.

3. Refrigeration: Refrigerated storage shall be provided for the chilled pasteurized crab meat and shall maintain a storage temperature at or below 36F. but above 32F.

c. Labeling of pasteurized crab meat shall be in compliance with the following:

1. Designation of Contents: The label used shall clearly identify the contents of the container as pasteurized crab meat.

Whenever the term "Crab meat" (or its equivalent) appears on the label, the word "pasteurized" shall be used in immediate conjunction, in prominent type.

2. Coding: Each container shall be permanently and legibly identified with a code indicating the batch and the day of processing.

3. Refrigeration: The words "Perishable--Keep Under Refrigeration" or their equivalent shall be prominently displayed on the label.

21. Freezing

a. Crab meat for freezing shall be frozen within 24 hours of the time it is picked.

b. Storage of frozen crab meat shall be at 0F. or lower temperatures.

22. Crab Scrap Disposal

a. Scrap containers shall be removed from the picking room as soon as they are filled, placed in suitable, protected storage, and shall be removed from the premises at least daily and disposed of in such a manner as to prevent a nuisance. All scrap containers shall be leakproof and of nonabsorbent materials and shall be thoroughly cleaned at least daily. Other solid wastes shall be stored and disposed of with sufficient frequency and in such a manner as to prevent a nuisance.

23. Handling of Single Service Containers

a. All single service containers shall be stored and handled in a sanitary manner and, where necessary, shall be given bactericidal treatment immediately prior to filling, and adequately drained.

24. Refrigeration

a. Refrigeration rooms shall be of sanitary construction with an impervious floor graded to drain quickly. The rooms shall be so constructed that they will not receive drainage from other portions of the plant. Floor drains shall not be connected directly to a sewer, unless protection is provided to prevent any backflow from the sewer into the refrigeration room.

b. Ice boxes for the picked product will be of sanitary construction with an impervious lining, and have an effective drain.

c. The refrigeration room or ice box shall be large enough and so constructed that a full day's production, with ice, can be conveniently stored and equipped with an accurate thermometer located in the room or box.

d. Ice shall preferably be manufactured in the plant, otherwise it shall be obtained from an approved source. Packers purchasing crushed ice shall secure it from dealers who handle, crush and deliver it in a sanitary manner.

e. Ice bins shall have smooth, impervious ice contact surfaces and shall be so constructed and located that the bottom is above the level of the adjacent floor and drains away from the unused ice.

f. Block ice shall be properly stored to avoid contact with contaminated surfaces and shall be thoroughly washed on an elevated metal stand or grating with a hose provided for this purpose before it is placed in the crushing machine. A corrosion resistant container shall be provided to catch the crushed ice falling from the crusher. (Where the crusher is located in a protected portion of the refrigeration room, this container is not required.)

g. All facilities and equipment employed in handling and/or preparing ice for use shall be used for no other purpose and shall be cleaned each day the plant is in operation. Shovels shall be hung or stored in a protected manner when not in use.

h. Where it is necessary to have ice in the packing room, a metal-lined container or compartment of sanitary construction shall be provided for the sole purpose of storing such ice manufactured in the plant, purchased crushed ice, or block ice that has been crushed in the plant; except that clean wooden barrels for shipping crab meat may be used for this purpose.

25. Health and Cleanliness of Personnel

a. Persons, while affected with a disease in a communicable form, or while a carrier of such a disease, or while afflicted with boils, infected wounds or an acute respiratory infection, shall be excluded from the plant.

b. Daily observations or inquiries of employees shall be made by the managers or supervisors to detect any sign of illness among employees.

c. A report shall be made to the local health authority when an employee is known or suspected of having a disease in a communicable form.

d. Employees shall wash their hands thoroughly with warm water and soap, then dip them in an approved sanitizing solution before beginning work and prior to returning to work after leaving working areas, or after contact with any unprotected surface or other source of contamination. Employees engaged in picking and packing operation shall rinse their hands, following washing, in a clean sanitizing solution containing at least 100 parts per million of available chlorine or other equally effective bactericide. Fingernails shall be short and clean, and ornate rings shall not be worn while picking or packing. Use of cloth wraps or cloth finger cods shall not be permitted.

e. Appropriate handwashing signs shall be posted in toilets or privies, and at conspicuous places in both packing and picking rooms, and at the handwashing lavatories.

f. Pickers, packers, and handlers of unpicked cooked crabs or picked meat shall wear clean outer garments and aprons. Aprons shall cover the front and sides of body. Caps or hair nets shall cover the hair. Arms shall be bare to the elbow or covered with approved type arm guards. Any type of protective clothing employing ruffles and gathering of material as well as scrap plastic, shall not be used.

g. Clean, individual, single-service, hand paper towels shall be provided for each picker to use during picking operations.

h. Employees shall not eat food or use tobacco in any form in the picking or packing rooms.

26. Supervision

a. The owner or manager shall either personally supervise or shall designate an individual whose principal duty shall be to supervise and be responsible for the compliance with these regulations.

27. Microbiological Standards

a. Fresh cooked crab meat shall not contain more than 46 Escherichia coli or 93 fecal coliform M.P.N. per 100 grams, and/or have a standard plate count of more than 100,000 bacteria per gram.

b. Pasteurized crab meat shall contain no Escherichia coli or fecal coliform. Samples of pasteurized crab meat taken within 24 hours of processing, shall not have a standard plate count of more than 3000 bacteria per gram. The presence of Escherichia coli, fecal coliform, or a total bacteria count in excess of 25,000 per gram shall be construed as adulteration.

28. Enforcement Interpretations

1. All owners and operators of Blue Crab Meat production plant and facilities must obtain an approval from the Bureau of Environmental Engineering of the South Carolina State Board of Health before constructing such a plant or facilities and also before operating the plant or facilities.

2. Whenever any duly authorized representative of the South Carolina State Board of Health shall find a Blue Crab Meat production plant and its facilities is being constructed or operated without a permit from the South Carolina State Board of Health said representative shall notify the owner and/or operator of such Blue Crab Meat production plant or facility to cease construction and/or operation of such plant or facilities, and upon such notification to a Constable of the County it shall be the duty of such Constable to see that the notice of said representative of the South Carolina State Board of Health shall be enforced.

3. Penalties: Violation of these Regulations shall be punishable in accordance with Section 44-1-150, Code of Laws of South Carolina, 1976, by fine not exceeding $100.00 or imprisonment not exceeding 30 days, and each day of continued violation shall be a separate offense.

61-50. Natural Public Swimming Areas.

TABLE OF CONTENTS

Section A - PURPOSE AND SCOPE

Section B - DEFINITIONS

Section C - APPLICATION FOR INITIAL OPERATING CERTIFICATE

1. Applicability

2. Initial Operating Certificate

3. Swimming Area Delineation

4. Restroom Facilities

5. Signs

6. Sanitary Survey

7. Initial Monitoring

Section D - ANNUAL OPERATING CERTIFICATE

1. Applicability

2. Annual Operating Certificate

3. Swimming Area Delineation

4. Restroom Facilities

5. Signs

6. Routine Monitoring

7. Closure

Section E - ENFORCEMENT

1. Applicability

2. Penalties

Section F - SEVERABILITY

A. PURPOSE AND SCOPE.

This regulation will implement a consistent water quality monitoring program to help ensure acceptable water quality in designated freshwater natural swimming areas. The regulation will define a bacteriological sample limit for acceptable water quality. It will also establish a consistent routine monitoring schedule for the facilities. The regulation will allow for closure of areas identified as exceeding the defined bacteriological standard. Closed areas will reopen when acceptable water quality is verified.

B. DEFINITIONS.

1. "Annual Operating Certificate" means a certificate issued by the Department for single season operation of an existing natural swimming area.

2. "Approved Methodology" means an EPA approved method in accordance with requirements of the Clean Water Act or the Safe Drinking Water Act.

3. "Certified Laboratory" means a laboratory certified by the Department.

4. "Department" means the South Carolina Department of Health and Environmental Control.

5. "Initial Operating Certificate" means a certificate issued by the Department for operation of a newly constructed facility.

6. "Natural Swimming Area" is an area where there is a fee or membership required to gain access to a natural freshwater location where swimming is promoted, or a natural freshwater location where improvements have been made to promote swimming. Areas where access is based solely on residence are excluded.

7. "Sanitary Survey" means a comprehensive survey of the topographic drainage area surrounding the natural swimming area to determine possible sources of pollution or any discharge which may adversely affect the quality of water in the swimming area.

C. APPLICATION FOR INITIAL OPERATING CERTIFICATE:

1. Applicability. This section is applicable to all new construction of a natural swimming area.

2. Initial Operating Certificate. No newly constructed facility may begin operation without receiving an initial operating certificate issued by the Department. Application for the certificate must be made utilizing a form supplied by the Department. Application will include submittal of a facility site map.

a. An initial operating certificate may be issued by the Department if all requirements listed in paragraphs three (3) through seven (7) below have been met and are deemed satisfactory.

b. If sample results show a bacteriological level that exceeds the set standard, a certificate may be issued only if additional facility sampling and lab analysis indicates that the water quality meets requirements as listed in paragraph seven (7) below.

3. Swimming Area Delineation. All Natural Swimming Areas shall be required to define the perimeter of the swimming area by rope and buoy, natural barrier or other distinguishable method.

4. Restroom Facilities. Functional restrooms must be provided within two-hundred (200) feet of the swimming area. Restroom facilities must be built in accordance with the local building codes.

5. Signs. Facilities that do not utilize lifeguard protection during operating hours are required to post a sign(s) at entrances to the swimming area. The sign(s) must state as a minimum that "No lifeguards are on duty at this swimming area."

6. Sanitary Survey. The Department shall conduct a sanitary survey to evaluate potential sources of pollution. The survey may include the collection of bacteriological samples. Pollution sources may include, but are not limited to:

a. Discharges from sewage treatment plants, sewage pumping stations, storm drain outfalls, municipal waste and failing on-site sewage disposal systems

b. Natural storm water discharges

c. Industrial, municipal, and commercial site discharges

d. Agricultural runoff

e. Discharges at marinas

f. Concentrated domestic or wild animal populations

g. Runoff from nearby landfills

h. Urban runoff

i. Other nonpoint source runoff

7. Initial Monitoring. The facility owner or his/her designated agent shall conduct initial bacteriological sampling of the swimming area. All samples collected must be analyzed by a certified laboratory in accordance with an EPA approved methodology resulting in the enumeration of fecal coliform bacteria. Samples shall be collected in a location representative of the swimming area and a minimum of one (1) of the samples shall be collected following a rainfall event. Based on a statistically sufficient number of samples (generally not less than five (5) samples equally spaced over a 30-day period), the geometric mean of the indicated bacterial densities shall not exceed the following:

Fecal Coliform Sample: 200/100 ml;

nor shall more than 10% of the total samples exceed 400/100 ml.

D. ANNUAL OPERATING CERTIFICATE:

1. Applicability. This section is applicable to all existing natural swimming areas that have previously been issued an initial operating certificate.

2. Annual Operating Certificate. No natural swimming area may operate without receiving an annual operating certificate issued by the Department. Application for the certificate must be made utilizing a form supplied by the Department. Prior to receiving the certificate, requirements of paragraphs three (3) through five (5) listed below must be met. Additionally, it shall be verified that a minimum of one (1) satisfactory bacteriological sample has been collected in the swimming area. The criteria listed in paragraph 6(a) below shall be used to determine a satisfactory sample result. Samples used in determining issuance of the operating certificate shall be collected within two weeks of the beginning of facility operation. All samples collected during this two week time frame shall be submitted to or verified by the Department. When all of the above items have been deemed acceptable, the Department will issue an annual operating certificate. An operating certificate is not valid for more than one (1) year and expires not later than December thirty-one (31) on the year of the issuance of the certificate. Operating certificates are the property of the Department and must be returned to the Department if so requested.

3. Swimming Area Delineation. All Natural Swimming Areas shall be required to define the perimeter of the swimming area by rope and buoy, natural barrier or other distinguishable method.

4. Restroom Facilities. Functional restrooms must be provided within two-hundred (200) feet of the swimming area. Restroom facilities must be built in accordance with the local building codes.

5. Signs. Facilities that do not utilize lifeguard protection during operating hours are required to post a sign(s) at entrances to the swimming area. The sign(s) must state as a minimum that "No lifeguards are on duty at this swimming area."

6. Routine Monitoring. Routine monitoring shall be conducted by the facility owner or their designated agent. All samples collected must be analyzed by a certified laboratory in accordance with an EPA approved methodology resulting in the enumeration of fecal coliform bacteria. The following single sample limit shall apply as the acceptable routine sample standard.

a. Fecal Coliform Sample: A single sample maximum of 400/100 ml

b. Samples shall be collected in a location representative of the swimming area. No less than two sampling events shall be conducted every month while the swimming area is in operation. Sampling events shall occur no more than fourteen (14) days apart.

c. The Department shall be notified by the facility owner or his/her designated agent should a sample result exceed the limit as established in paragraph 6(a) of this section. This notification must be received within 24 hours of an owner or his/her designated agent's knowledge of the exceeded sample limit.

d. A copy of results from all samples collected shall be submitted to the Department by the end of every month.

7. Closure.

a. The facility owner or their designated agent shall immediately close the swimming area should sampling results exceed the sample standard as set forth in paragraph 6(a) of this section. The Department will verify that closure procedures have been followed, as necessary, in the above instance. Operation may be reinstated when the sample results return to an acceptable limit. The facility must keep a record of sampling results including written documentation of closure and reopening dates and times.

b. When a scheduled time limit has been exceeded for compliance with any part of this regulation, the Department may immediately require closure of the natural swimming area.

c. When a health hazard is identified by any dangerous contaminant or condition, the Department shall immediately require closure of the natural swimming area.

E. ENFORCEMENT:

1. Applicability. This section is applicable to all new and existing natural swimming areas.

2. Penalties. Penalties for noncompliance with this regulation will be in accordance with procedures outlined in the SC State Law that governs natural swimming areas.

F. SEVERABILITY:

If any provision of this regulation or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the regulation which can be given effect without the invalid provision or application, and to this end the provisions of the regulation are severable.

HISTORY: Amended by State Register Volume 23, Issue No. 2, eff February 26, 1999.

61-51. Public Swimming Pools.

Notes

(Statutory Authority: Section 44-55-2310 et seq.)

CONTENTS

A. DEFINITIONS

B. CONSTRUCTION AND OPERATING PERMITS

C. GENERAL CONSTRUCTION REQUIREMENTS FOR ALL PUBLIC SWIMMING POOLS

D. PUBLIC SWIMMING POOL DESIGN REQUIREMENTS FOR TYPE "A" AND "B" POOLS

E. DESIGN REQUIREMENTS FOR TYPE "C" POOLS

F. DESIGN OF TYPE "D" POOLS

G. DESIGN OF TYPE "E" POOLS

H. DESIGN OF TYPE "F" POOLS

I. EQUIPMENT CHANGES AND ALTERATIONS

J. OPERATION AND MAINTENANCE FOR ALL TYPE POOLS

K. POOL CLOSURES AND ENFORCEMENT

L. PRIOR REGULATIONS

M. EFFECTIVE DATE

A. DEFINITIONS

1. "Alteration" means any change in equipment or materials used in the construction of a public swimming pool, after completion which does not conform to the original, permitted plans, specifications, and change orders. Alterations include, but are not limited to, such items as pool or deck resurfacing, painting, equipment changes, and structural additions or deletions.

2. "ASSE" means the American Society of Sanitary Engineering.

3. "Attendant" means a person, 16 years of age or older, who supervises or controls the entrance, exit or other activities of pool patrons. An attendant may not act as a lifeguard.

4. "Automatic Controller" means integrated electrical/electronic equipment, connected to chemical feed equipment, to continuously monitor and control the pH level and chlorine/bromine (O.R.P method or other method acceptable to the Department) residual of swimming pool water.

5. "Bulk Storage" means any chemical storage container greater than fifteen (15) gallons of liquid, or solid chemical greater than the maximum capacity of the feeder.

6. "Certified Public Pool Operator" means someone who holds a valid South Carolina Pool Operator Certificate from a party approved by the Department.

7. "Change Order" means written notification submitted to the Department on a Swimming Pool Change Order Request Form detailing any proposed pool interior coatings, equipment changes or material alterations which do not conform to the original approved plans, specifications, or previously approved change order.

8. "Competition Pool" means a pool designed to be routinely used to host organized swim competitions such as those sponsored by colleges, universities, swim leagues, and swim clubs.

9. "Coping" means the covering which joins the top of the pool wall with the pool decking and is considered part of the minimum pool deck width requirement. If cantilevered deck is employed, the last twelve (12) inches of this deck next to the pool wall shall be considered coping.

10. "Contiguous" means within a one (1) foot horizontal distance.

11. "Department" means the South Carolina Department of Health and Environmental Control.

12. "Diatomaceous Earth" is a type of filter media that is obtained from the fossil remains of microscopic marine plants and is used in a thin coating over filter septa or bags.

13. "Disinfection Equipment" means any device used to supply approved disinfectants to the pool water.

14. "Elevated Structure" means any structure located within a ten (10) foot horizontal distance from the pool edge, which is intended for patron access, and may unintentionally serve as a raised platform for diving or jumping into a pool. This includes, but is not limited to elevated walkways, stairs and landings, balconies, or any construction which is interpreted by the Department as a structure intended for use by patrons that could be used for diving or jumping into a pool. This does not include pool equipment designed for, and approved by the department to be used for diving or jumping into a pool.

15. "Emergency Equipment" means a backboard with straps, two (2) blankets, cervical collars in adult and infant sizes or a commercial head immobilizer.

16. "Filter" means any apparatus containing filter media which is intended to physically remove suspended particles from pool water.

17. "Filter Backwash Piping" means the piping which extends from the backwash outlet of the filter to its terminus at the point of disposal.

18. "Filter Media" means the fine material which entraps the suspended particles as the water passes through the filter.

19. "First Aid Kit" means a water resistant, clearly labeled, latched container providing sufficient first-aid equipment to treat up to fifteen (15) people. The kit will contain as a minimum: alcohol wipes, antibiotic ointment, assorted adhesive bandages, a breathing barrier, a cold pack, gauze, and disposable gloves.

20. "Flow Meter" means a device installed on the pool return pipe (discharge line from filter) to indicate recirculation flow of the pool in gallons per minute (gpm).

21. "gpm" means gallons per minute.

22. "Hand feeding" means the dispensing of any pool chemical manually into the pool.

23. "Heater" means a device through which pool water is circulated to increase the temperature of the water which is specifically designed for pool or spa use.

24. "Hose Bibb" means water faucet with male screw threads to which a hose is attached.

25. "Hybrid Pool" means any pool that has multiple intended use zones such as kiddie play zones, slide landing zones, lazy river zones, and swim zones.

26. "Hydrostatic Relief Valve" means a device, usually installed in the main drains, used to relieve ground water pressure imposed on the outer shell of the pool.

27. "Kiddie Play Park" means wading (kiddie) or spray pools intended to be used exclusively by children where climb-on toys and attractions are provided.

28. "Lifeguard" means a person having the qualifications of and possessing a current American Red Cross, YMCA, or equivalent Lifeguard Certificate, current First Aid Certificate and current CPR (which includes adult, child, and infant) Certificate.

29. "Lifeline Anchors" means the devices recessed in the wall of the pool at the transition point between shallow and deep areas.

30. "Life Saving Equipment Unit" means a coast guard approved ring buoy at least twenty (20) inches in diameter attached to a throwing line having a length of one and one-half (1 1/2) times the width of the pool up to a fifty (50) feet maximum length of rope and a life hook of the shepherd's crook style with minimum twelve (12) foot handle attached with stainless steel nut and bolt. For Type "A" and "E" pools a rescue tube may be used in place of a shepherd's crook and life ring.

31. "Main Body of the Pool" means the major portion of the pool body excluding any recesses, niches, coves, etc.

32. "Main Drain" means the outlet(s) at the bottom of the pool. These outlets are suction/gravity outlets connected to the recirculation piping.

33. "Main Drain Piping" means the piping connecting the main drain to either the pump suction, surge tank, or the vacuum filter.

34. "Major Fraction" means twenty-five percent (25%) or more.

35. "Minimum Flow Rate" means the least flow of water through the water treatment system that must be maintained to provide adequate treatment and is calculated by dividing the volume of the pool, in gallons, by the required turnover time, in minutes (gallons/minutes).

36. "Normal Operating Level" means the water level at one-half (1/2) the skimmer throat depth or at the gutter lip.

37. "Non-Slip" means having a coefficient of friction of 0.6 or greater when wetted for manufactured tile; or broom finish or other textured finish for concrete as recognized by the American Concrete Institute; or for other surfaces, incorporated features designed to prevent slippage.

38. "Obstruction" means any structure or object which blocks or limits access to the perimeter area of the pool. This includes but is not limited to planters, walls, water features, pillars, etc.

39. "Overflow Gutter" means a device at the normal water level which is used as an overflow and to skim the pool surface, in lieu of a surface skimmer.

40. "Owner" means the owner of the facility or his/her designated agent such as a property manager or on-site representative.

41. "Pool Area" means any area located within the fenced perimeter of the pool to include but not limited to the pool deck. The pool deck will define this area for facilities which do not have a perimeter fence. Where a fence is not required the pool area will include but not be limited to the pool deck.

42. "Pool Deck" means the paved area around the pool which is specifically constructed for use by swimmers.

43. "Pool Depth" means the distance between the floor of the pool and the normal operating level when the pool is in use.

44. "Portable Kiddie Slide" means a single flume slide with a starting height no greater than five (5) feet above the deck, made as a complete unit by a single manufacturer, and intended for use by children, which may be moved when not in use.

45. "Public Swimming Pool or pool" means an artificial structure used to impound water either above or below the ground surface to provide for such recreational uses as bathing, swimming, diving, wading, spraying, sliding, floating, rafting, or other similar usage which is not built in connection with a single family residence, or duplex (two living units within a single structure) and the use of which is not confined to the family of the residence and their private guests, or which is not owned, constructed, operated, or maintained by a church, synagogue, or religious organization, or facility exempted under Title 45, Chapter 4, of the South Carolina Bed and Breakfast Act. Public swimming pools are listed in the following categories based upon specific characteristics of size, usage, and other factors:

(a) Type "A" means any pool open to the general public, except for Type "E" pools, which does not require a membership or that a person be a guest of a member to gain entrance to the pool, or is not operated solely for and in conjunction with a residential development or a place of lodging.

(b) Type "B" means swimming pools at hotels, motels, apartments, mobile home parks, condominium developments, country clubs, schools, swim clubs, health clubs, campgrounds, subdivisions and other pools of similar usage. Lazy rivers constructed at the above facilities shall be considered Type "B" pools.

(c) Type "C" means wading pools, kiddie pools, spray pools, spray decks, or wet decks.

(d) Type "D" means treatment pools, health spa pools and hot tubs. Rehabilitation or therapy pools located at hospitals, sports therapy clinics, doctors offices, or other medical facilities which will be used solely for therapy and rehabilitation purposes and under the supervision of a physical therapist or other qualified medical personnel are excluded from this regulation.

(e) Type "E" means those pools at water parks such as water flumes, water slides, lazy rivers, wave parks, inner tube rides, kiddie play parks, etc. Type "E" also means pools at subdivisions that have a slide that is in use, or not able to be secured to prevent access when not in use. If the slide can be secured to prevent access when not in use, the pool may be open as a type "B" pool when the slide is not in operation and secured.

(f) Type "F" means special purpose pools used exclusively for limited activities such as scuba diving lessons, helmet diving lessons, underwater work training, or similar, limited uses.

(g) Type "G" means hybrid pool.

46. "Recirculation Piping" means the piping from the pool to the filter and return to the pool, through which the water circulates.

47. "Recirculation Pump" means the pump(s) that provide for complete recirculation of pool water through the recirculation piping and filter(s) at a prescribed rate of turnover.

48. "Recirculation System" means a system consisting of pumps, motors, piping, filters, inlets, outlets, disinfecting and other water conditioning equipment and necessary accessories.

49. "Residential Swimming Pool" means any privately owned swimming pool which is built in connection with a single family residence, the use of which shall be confined to the family of the owner and his guests, shall not include any type of cooperative housing or joint tenancy of two or more families, and shall be located within the same property boundary as the family dwelling building to which it serves. Pools constructed in conjunction with a single family rental unit will be considered a residential pool.

50. "Return Inlets" means the fittings or openings through which water is returned to the pool.

51. "Return Piping" means the piping which carries the filtered water under pressure from the filter to the pool.

52. "Shallow End of Pool" means the portion of the pool with water depths of four (4) feet or less.

53. "Spray Pool" or spray deck or wet deck means an artificial structure used to impound water either above or below the ground surface into which treated water is sprayed and recirculated.

54. "Surface Skimmer" means a device used to skim the pool over a self-adjusting weir.

55. "Surface Skimmer Piping" means the piping that carries water from the skimmer to the pump suction, to include the equalizer piping.

56. "Surge Tank" means an approved fixture or device of such material, shape, and capacity as to adequately receive the surge water from indirect or direct overflows, so constructed and located as to be easily cleaned.

57. "Technical Assistance Visit (TAV)" means a comprehensive on-site evaluation by the Department of a public pool to include pool area and associated equipment, operation and maintenance, and a review of current season inspections.

58. "Transition Point" means the point in a pool where the slope changes from one (1) ft. vertical to ten (10) ft. horizontal (1:10) maximum to one (1) ft. vertical to three (3) ft. horizontal (1:3) maximum. This point may separate the deep end from the shallow end.

59. "Turnover Time" means the period of time (usually hours) required to circulate the complete volume of water in a pool through the recirculation system.

60. "Vacuum Outlets" means the fitting in the pool which is used as an outlet for connecting the underwater suction cleaning equipment.

61. "Vacuum Piping" means the piping which connects the vacuum fitting to the pump suction.

62. "Vertical" is interpreted to permit poolside wall slopes not greater than one foot horizontal for each five feet of height of the poolside wall (79 degrees).

63. "Wading (Kiddie) Pool" means a pool intended to be used exclusively by children for wading.

64. "Water Course, Water Slides or Water Flumes" means any pool using a water flume, channel, or slide for purposes of sliding and landing in an area filled with water (this does not include commercially manufactured swimming pool sliding boards).

65. "Well-Point System" means perforated pipe(s) placed in a gravel pit under the deepest point of the pool, where a pump may be connected to remove excess ground water from beneath the pool.

66. "Zero Depth Entry Pool" means a pool with a starting water depth of zero (0) feet which uniformly slopes to a deeper water depth.

67. "Zone" means any pool use type as it relates to the intended use of a specific portion of a hybrid pool (kiddie play zones, slide landing zones, lazy river zones, and swim zones). Zone areas and volumes must be clearly delineated on the plans and specifications.

B. CONSTRUCTION AND OPERATING PERMITS

1. Applicability. Requirements of this section are applicable to all new construction and alterations of existing public swimming pools.

2. Construction Permit. No public swimming pool may be constructed or altered until a permit to construct has been issued by the Department.

3. Application for Permit to Construct. The application must be made on a form supplied by the Department and be accompanied by the appropriate application/review fee. The application must include:

(a) The names, complete address and telephone number of the owner, pool contractor, and facility; contractor's license number and project cost as defined by South Carolina Department of Labor, Licensing, and Regulation, General and Mechanical Contracting Act, Chapter 11, Title 40. The owner must sign the application.

(b) Responsibilities of the owner and pool contractor to include: the swimming pool, deck and coping, equipment room, fence, area lights, bathhouse, minimum toilet facilities, chemical storage room, water lines, hose bibbs and water discharge lines, where applicable.

(c) Details of the pool to include type of pool, perimeter, area, volume, minimum flow rate, design flow rate, total deck area, pool limit and deck limit.

4. Plans and Specifications. At least four (4) copies of complete plans and specifications meeting the following requirements must accompany all applications of permits to construct:

(a) Plans and specifications shall be prepared, stamped, dated and signed by an architect or engineer registered in the State of South Carolina. Once construction starts, the pool contractor must maintain a copy of the DHEC-approved plans and specifications on the job site until the final inspection.

(b) Plans shall be submitted on sheets no larger than 36" by 42" and no smaller than 18" by 24".

(c) Typed or legible specifications shall be submitted on sheets 8 1/2" by 11" or printed on the plans.

(d) Plans and specifications must include data that pertains to that project only (except site plans; which by their nature must include other structures and details). Standard plans and/or specifications with crossed-out sections or inapplicable provisions will not be acceptable for review.

(e) Plans and specifications must include:

(i) A location map with the name of the facility, the location showing distance in miles and local landmarks and the names and addresses of the owners.

(ii) An outlined block for the perimeter, the surface area, the volume, the total deck area, the minimum flow rate, the design flow rate, the swimming limit and the deck limit specifically listed on the plans.

(f) A site plan must be provided consisting of a detailed layout of the facility and the surrounding structures. The site plan must show the distance to toilet facilities, telephone, the location of utilities that affect construction of the pool, elevation differences in the deck and surrounding structures, the location and elevations of planters within 10 feet of the pool edge, etc.

(g) Plan and profile views of the public swimming pool must be shown. These views must be drawn to a minimum of 1/8" scale with all major pool dimensions shown on the drawing. All equipment (fittings, ladders, diving boards, main drains, surface skimmers, overflow gutters, inlets, lights, piping location, fill spout, etc.) shall be clearly located on these views.

(h) A complete equipment list must be included. This list must include manufacturer's name and manufacturer's complete model number (not distributor's name and model number).

(i) Actual layout of deck area including dimensions, showing the location of hose bibbs, footshowers, overflows, depth markers, deck drains, and deck lighting must be provided. Deck material and color must be specified. The quantity of lighting in watts, lumens, or foot candles that will be provided for the deck and pool areas must be provided where night swimming is requested.

(j) Schematic plumbing diagrams showing pipe sizes on each section of pipe, valves, flow meter, heater, filters, pumps, etc. must be shown.

(k) Equipment room plan drawing showing actual layout of equipment (heater, pump, filter, chlorinator, and other equipment), spacing, elevation, all pipe sizes, location and size of sumps, floor drains and other appurtenances with dimensions given and drawn to a minimum 1/4" scale shall be provided. The volume of the equipment and chemical storage rooms must be provided along with the minimum size of the exhaust fans to be installed.

(l) Source of pool water used must be specified.

(m) Disposition of sanitary sewage from the facility must be specified.

(n) Disposition of filter backwash must be specified. Approval from the Department will be required for all discharges.

(o) Complete details of any required bathhouse or minimum toilet facility shall be submitted.

5. Design/Equipment Changes.

(a) New Construction. Once a construction permit has been issued for a public swimming pool, construction must be in accordance with the approved plans and specifications. Should design changes or equipment changes become necessary during construction, a Swimming Pool Change Order Request Form, detailing the proposed changes must be submitted to and approved by the Department prior to initiation of such changes. Revised plans documenting all construction modifications will be required to be submitted prior to the final Department inspection. The submittal must include four (4) complete sets of revised plans that are signed, sealed, and dated by the project architect or engineer.

(b) Existing Facilities. After a pool has received approval to be placed into operation, a Change Order Request Form must be submitted in accordance with Section I for any alteration which does not conform to the original permitted plans, specifications, or previously approved change order.

(c) Fees. The appropriate fee if any must be submitted with the Change Order Request.

6. Piping Inspection. During actual construction of the public swimming pool, after all piping has been installed and before it is covered, the contractor, design engineer, or architect, must notify the Department in writing so that an inspection of all piping, fittings, and other applicable equipment can be conducted to verify their sizes and locations. Pressure testing of the piping must be conducted in accordance with Section C, Paragraph 24(d). If there are any variations from the approved plans and specifications, such variations must be corrected by the contractor, or plans and specifications detailing the changes must be re-submitted for a construction permit revision prior to continuance of construction.

7. Final Approval. No newly constructed or altered public swimming pool shall be placed into operation until a final inspection of the facility has been conducted and a written approval to be placed into operation is issued by the Department. Before the final inspection can be conducted three (3) letters must be submitted, one by the pool contractor; one by the general contractor, owner or his designated agent; and one by the project architect or engineer; certifying that the public swimming pool, bathhouse, minimum toilet facilities, if required, fence, equipment room, area lighting, if provided, and other applicable items have been constructed according to approved plans and specifications and is ready for the final inspection. All three letters must be received by the Department before a final inspection will be conducted. In addition to the three certification letters, the engineer and or the architect or their representative must complete a copy of the Department's final inspection checklist, and it must be submitted to the Department prior to the final inspection. A contractor's and owner's representative must be present at the time of the final inspection.

8. Fees. The Department shall collect non-refundable application/review fee(s) with each application according to the schedule outlined in R.61-30, Environmental Protection Fees.

9. Repeat Inspections. The Department may collect an additional fee from the contractor for each repeat piping inspection for each pool and from the owner for each repeat final inspection for each pool that is required due to incomplete construction or construction that is not in accordance with permitted plans and specifications as outlined in R.61-30. There will be a mandatory two (2) day (business days) waiting period between all repeat piping, final, and change order inspections to provide for review and rescheduling.

10. Construction Contractor. All new construction and alterations to existing public swimming pools must be performed by a contractor holding a South Carolina license with the appropriate sub-classification in accordance with the South Carolina Department of Labor, Licensing and Regulation's General and Mechanical Contracting Act, Chapter 11, Title 40 as amended.

11. Permit Terms. A permit is valid for one (1) year from the date of issue unless an alternate date is established by the Department. This one (1) year period includes the time it takes to obtain a Final Approval. A permit extension may be granted for up to one year from the date of the request. Extension requests must be submitted on a Change Order Request form and will not be granted if the request is received more than one year from the expiration date of the permit. Up to three permit extensions can be granted. Unless an extension can be granted as provided above, a new application, with the appropriate fee and permit package must be submitted for expired permits.

C. GENERAL CONSTRUCTION REQUIREMENTS FOR ALL PUBLIC SWIMMING POOLS

1. Applicability. Requirements of this section are applicable to all new construction and alterations of existing public swimming pools. All work must be performed in accordance with good engineering practice and recognized industry standards.

2. Water Supply. All water used in public swimming pools, drinking fountains, bathhouse, or minimum toilet facilities, must be supplied from a Public Drinking Water System.

(a) Water for filling pools shall be supplied by a fillspout that is located at least 2 diameters of the fillspout above the rim of the swimming pool or an above the rim supply to the surge tank, whereby no arrangements exist which, under any condition, permits contaminated water to re-enter the potable water system. The fillspout must be located adjacent (no greater than six (6) inches away) to a ladder or under a handrail or diving board and extend to the edge of the coping and not more than one (1) inch past the edge of the coping. All fillspouts must be of chrome plated brass, stainless steel, or other equivalent material approved by the Department.

(b) Where a fillspout is not employed, an approved double check valve assembly in the line supplying water to the pool shall be used. The device must be installed in a location which is accessible for visual inspection and for testing and/or repair. The double check valve assembly must be tested by a certified tester after installation and before use by the customer as required by the South Carolina State Primary Drinking Water Regulations 61-58. Each device used must be from the approved list of backflow prevention devices issued by the Department. The municipality or water utility which supplies the facility and the Department shall be provided a copy of the test results. Kiddie pools may be filled via a hose bibb if it is protected by an ASSE 1024 listed residential dual check or other Department approved backflow prevention device.

3. Sanitary Sewage. The disposition of sanitary sewage from the bathhouse or minimum toilet facilities must be into a sanitary sewer, a septic tank or other waste treatment facility which has been approved by the Department.

4. Location. The location of the pool will in no way hinder the operation for which it is designed nor adversely affect bather's safety or water quality. Outdoor pools must not be located where they will be exposed to excessive pollution by dust, smoke, soot, or other undesirable substances. If any portion of the pool is located within ten (10) feet horizontally of any second story balcony or any other elevated structure of which the floor elevation is between two (2) and thirty (30) feet above the pool deck, a protective barrier must be provided on said balcony or elevated structure. This barrier must be a minimum of five (5) feet in height and have no openings within this barrier greater than 4 inches in width. Buildings or structures at the pool deck level only within ten (10) feet of the pool waterline that have glazing must utilize tempered safety glass or other shatter resistant safety glazing for any doors and windows. All indoor pools must be located in adequately ventilated areas.

5. Material and Finish.

(a) Public swimming pool shells must be constructed of reinforced concrete or other structurally sound material equivalent in strength and durability, designed and built to withstand anticipated stresses, and designed and built of watertight construction with smooth and impervious surfaces. If a pool structure is to be lined with a dissimilar material, the two materials must be continually and permanently bonded so as not to separate at any time or place. American Concrete Institute standards must be used in design and construction of reinforced concrete including gunite, shotcrete and other types of acceptable concrete. No vinyl lined pools or spas are allowed.

(b) A moderately smooth, non-slip white or light colored water proof finish, which will withstand repeated brushing, scrubbing and cleaning procedures, must line the pool. Paint, fiberglass, or epoxy coated finishes shall be non-toxic, water-resistant, of one single very light color, and must continually and permanently bond so as not to separate at any time. Colors must have reflectance of 55% or greater except for logos. All corners and edges shall be rounded and smooth to prevent cuts or abrasions to swimmers. All corners and all junctions of walls and floor must be rounded with a minimum six (6) inch radius. Any variation of this required six (6) inch radius must be approved on an individual basis.

(c) A minimum six (6) inch glazed frost proof tile or other easily cleanable surface must be placed at the normal water line.

(d) Logos or extraneous writing or materials shall be approved on an individual basis. Color, size and pattern of logos shall not be such as to obscure the existence or presence of objects or persons within the pool.

6. Pool Decks.

(a) The deck must be continuous around the public swimming pool and unobstructed, with minimum widths as follows:

(i) Type "A" six (6) feet

(ii) Type "B" four (4) feet; Type "B" pools over 1600 sq. ft., six (6) feet.

(iii) Type "C" four (4) feet

(iv) Type "D" (less than 700 sq .ft.) at least two (2) feet around 100% or four (4) feet around at least 50% of the facility. Type "D" (700 sq. ft to 1600 sq ft.) at least four (4) feet. Type "D" (greater than 1600 sq. ft.) at least six (6) feet.

(v) Type "E" flumes, slides and lazy rivers ten (10) feet around the exit of the landing pool, four (4) feet around the starting pool. All other Type "E" pools are required to have a minimum of six (6) feet.

(vi) Type "F". Deck widths for Type "F" pools will be determined depending on the use of each pool.

(b) Pool decks required in (a) above must be constructed of broom finish concrete or other material which is as equal in strength and durability. The deck must be non-slip, impervious and no hazard to bare feet. The deck must slope The deck must slope one-quarter (1/4) inch to five-eighths (5/8) inches per foot per foot away from the pool. No wood decking or carpet is allowed within the required minimum deck widths. If concrete pavers are used for pool decking, they must be installed per the Interlocking Concrete Paver Institute (ICPI) code.

(c) A minimum of three (3) feet of deck width must be provided on the sides and rear of any piece of diving or sliding equipment, lifeguard chairs, ladders and handrails. Poolside tables and chairs or other equipment must not obstruct the deck areas within the minimum widths listed for each type pool.

(d) All corners and edges of deck or coping must be smooth and round so as to not cause cuts or abrasions to swimmers. The top of the pool wall must be uniformly level and designed with bull-nosed coping or some other acceptable means by which an adequate handhold is provided around the entire pool perimeter.

(e) All deck drainage must be "to waste" and not be filtered and returned to the pool. Deck drains must be installed where necessary to prevent standing water on the deck. The deck drain grates shall be removable or provide for other means so as to facilitate the cleaning of the drains.

(f) Hose bibbs must be provided around the perimeter of the deck area at intervals such that all parts of the deck can be reached with a one hundred (100) foot hose. A hose bibb may be located in the equipment room. All hose bibbs in the pool area must be isolated from the public water supply by an ASSE 1024 listed residential dual check or other Department approved backflow prevention device. If a common ASSE 1024 listed residential dual check valve is installed, it must be located in either the equipment room, or in a valve box such that it can be maintained and or replaced as necessary. Also, a shutoff valve must be installed downstream of the backflow device so the Department can verify that all hose bibs are protected by the common backflow device. All backflow devices must be installed so that they are visible at the time of the final inspection.

(g) All outdoor pools shall be provided with a foot rinse shower at major entrance points, up to a maximum of three (3). The foot rinse shower must be located within twenty (20) feet of the corresponding entrance point.

(h) Up to ten percent (10%) of the pool perimeter may be obstructed. Obstructions shall have the required minimum deck width behind or through them within fifteen (15) feet of the water. These obstructions must be protected by a barrier or must be designed to discourage patron access. When an obstruction exists in multiple areas around the pool the minimum distance between obstructions shall be four (4) feet.

7. Depth Markers. Permanent depth markers must be plainly marked at or above the water surface on the vertical pool wall and on the edge of the coping or deck next to the pool, at a maximum and minimum point and at not more than two (2) foot intermediate increments of depth. Depth markers must be spaced at not more than twenty (20) foot intervals on center, as measured around the perimeter of the pool. A minimum of three (3) sets of evenly spaced depth markers are required for type "C" and "D" pools. One set of markers must be located adjacent to the steps or handrail. Depth markers must be in numerals and letters of four (4) inch minimum height and of a light-colored background (i.e., having a reflectance of fifty-five (55) percent or greater) with dark, contrasting lettering. Alternative designs, having sufficient contrast, will be considered on case-by-case basis. Depth markers must be on both of the sides and ends of the pool. Depths must be indicated in feet to the nearest one-half (1/2) foot. The abbreviation "ft." or word "feet" must be included. A total of twelve (12) inches of white background tile must be included as part of each depth marker(s). Depth markers are required for all pools, kiddie pools, spas, hot tubs, special water park pools, etc. Kiddie spray decks do not require depth markers. Depth markers on the deck must be non-slip and must start within fifteen (15) inches of the pool edge. In pools requiring "No Diving" signs, a single six inch by six inch universal no diving tile must be co-located with each set of deck depth marker tiles. Metric depth markers may be installed at any facility in addition to the standard markers required above. Depth markers for pools with multiple slopes (bowl shaped and diving wells) must accurately reflect the minimum depth at the edge of the pool and the maximum depth at the center of the pool and separated by a hyphen. For example, a pool sloping from all sides to the center would require the installation of the following depth markers, "3 FT - 5 FT". Alternative types of depth markers will be considered on a case by case basis for pools using stainless steel gutters or fiberglass shells. Depth markers shall be verified by measuring the depth at a distance of two (2) feet from the edge of the pool.

8. Fences.

(a) All outdoor Type "A" and "E" public swimming pools (including the deck area) must be enclosed by a chain link fence or equal barrier of minimum six (6) foot height to prevent trespassing and to provide safety and cleanliness of the water. Type B and Type E pools that have a slide that is only in use when lifeguards are present must have the entry and exit points of the slide secured by either a six (6) foot high fence, or another method approved by the Department. All openings in the barrier must be equipped with gates or doors, with latches, that close automatically and can be locked. No openings in the fence shall be large enough for a four (4) inch sphere to pass. Local building codes for the pool location may require a smaller fence opening.

(b) All outdoor Type "B", "C", "D" and "F" public swimming pools (including the deck area) shall be enclosed by a minimum four foot fence as measured from the exterior of the pool area. All openings in the barrier must be equipped with gates or doors, with latches, that close and latch automatically and can be locked. Courtyard fencing may not be adequate to constitute fencing of the pool area. No openings in the fence shall be large enough for a four (4) inch sphere to pass. Local building codes for the pool location may require a smaller fence opening.

9. Equipment Room.

(a) A suitable equipment room shall be provided to house all pool equipment to prevent unauthorized access. The room shall be of substantial and enduring construction to protect the equipment from damp, corrosive environment. This room shall have a roof, be at least eight (8) feet high and have a standard size lockable entrance door. Where equipment rooms are constructed at a different elevation than the surroundings, permanent steps should be provided for entry. The equipment room must be sized so that all equipment is accessible for ease of operation and inspection. The equipment room door must be sized to allow for the largest filter in the room to pass through. At least three feet of clear walkway must be provided to allow access to the equipment. The room must have at least one (1) watt of artificial light for each square foot of floor area with a minimum of 100 watts incandescent, or equivalent. Continuously operated forced ventilation must be provided during pool operation so that the equipment room has a minimum of ten (10) complete air changes per hour and is vented to the outside and away from the pool. The light switch must be separate from the fan switch if a fan switch is provided. The floor shall be concrete and shall include necessary sumps. The floors must be sloped to drain to either floor drains or to the sump. All sump pits must be provided with a protective grate or covering capable of supporting a person. Sump pits that are protected by walls extending three (3) feet or more above the floor elevation do not have to have a protective grate. The purpose of this room is for recirculation system equipment only and storage of any other material or equipment is prohibited. Equipment rooms constructed below grade must be provided with reasonable access so as not to be considered a confined space. An emergency disconnect (e.g. shunt trip breaker) switch that disconnects all pumps in the equipment room must be located on the pool deck and clearly labeled with a minimum of four (4) inch red letters on a white background that states "Pool Emergency Cut-Off Switch".

(b) A suitable alternative to the above room will be considered on a case by case basis as long as the pool equipment is protected from a damp and corrosive environment, vandalism, and has adequate access for maintenance.

(c) All equipment must be installed per the manufacturer's recommendations, including equipment clearances.

10. Chemical Storage. All pool chemicals must be housed in a separate room from the equipment room. The chemical storage room must have at least one (1) watt of artificial light for each square foot of floor area with a minimum of 100 watts incandescent or equivalent light. Continuously operated forced ventilation must be provided so that the chemical storage room has a minimum of ten (10) complete air changes per hour and is vented to the outside. The light switch must be separate from the fan switch if a fan switch is provided. The pool chemical room must be kept dry and locked at all times. Only chemicals used in the operation of the pool shall be stored in this room. Chemical storage rooms constructed below grade must be provided with reasonable access so as not to be considered a confined space.

11. Drinking Fountain. At least one (1) drinking fountain shall be provided within fifty (50) feet of the pool at all public pools. All electrical drinking water fountain wiring must be in accordance with the National Electrical Code (NEC).

12. Emergency Notification Device. A toll free emergency notification device to notify emergency personnel must be provided within a two hundred (200) foot walking distance of the pool and in a location that it is easily accessible during the hours that the pool is in operation. Only hard-wired notification devices are acceptable to the Department. Cellular and or cordless telephones are not an acceptable alternative to hard-wired emergency notification devices unless approved by the Department in writing.

13. Bathhouse Facilities. Dressing and sanitary plumbing facilities must be provided for all Type "A" and "E" public swimming pools that charge for admission. Bathhouse facilities shall be located within two hundred (200) feet of the swimming pool. Applicable Americans with Disabilities Act guidelines shall be observed. Every bathhouse must be provided with separate facilities for each sex with no inter-connection between the male and female facilities. The rooms must be so developed and planned that good sanitation can be maintained throughout the building at all times.

(a) Minimum Fixtures. Minimum sanitary plumbing fixtures for Type "A" and "E" pools must be provided as follows:

(i) Males. One (1) water closet, one (1) lavatory, and one (1) urinal for the first one-hundred (100) male swimmers, or major fraction thereof. One (1) additional water closet, lavatory and urinal must be provided for each additional two hundred (200) male swimmers or major fraction thereof. A minimum of two (2) showers for the first one hundred (100) male swimmers and one (1) shower for each additional fifty (50) male swimmers or major fraction thereof.

(ii) Females. A minimum of two (2) water closets and one (1) lavatory for the first one hundred (100) female swimmers, or major fraction thereof. Two (2) additional water closets and one (1) lavatory must be provided for each additional two hundred (200) female swimmers or major fraction thereof. A minimum of two (2) showers for the first one-hundred (100) female swimmers and one (1) shower for each additional fifty (50) female swimmers or major fraction thereof.

(b) Hose Bibbs. Hose bibbs located at least ten (10) inches above the floor must be provided for washing down the dressing rooms and bathhouse interior. Each hose bibb must be provided with an ASSE 1024 listed residential dual check or other Department approved backflow prevention device.

(c) Floors. The floors of the bathhouse must be of impervious material, relatively smooth but not a slick finish, to ensure complete cleaning. Floor drains must be installed and must be a minimum of four (4) inches in diameter to ensure positive drainage of all parts of the building, with a slope in the floor of not less than one-fourth (1/4) inch per foot, toward the drains. Carpet shall not be used on bathhouse floors.

(d) Materials and Finish. Materials and finishes used in bathhouses and/or restrooms are subject to approval by the Department. All screen, shower, toilet and dressing room booth partitions must be made of durable materials not subject to damage by water and must be so designed that each area can be adequately drained.

(e) Steps. No steps will be allowed in the interior of any dressing rooms.

(f) Light and Ventilation. Showers and dressing room areas must be furnished with one (1) watt of incandescent light for each square foot of floor area and have adequate ventilation.

(g) Soap Dispensers. Soap dispensers for providing either liquid or powdered soap must be provided at each lavatory or between each pair of lavatories. Soap dispensers providing either liquid or powdered soap must be provided at each shower head or between each pair of shower heads.

(h) Mirrors. Mirrors, if provided, must be shatter-resistant.

(i) Toilet Paper Holders. Toilet paper holders must be provided at each water closet.

(j) Tempered Water. Tempered water only must be provided at all shower heads. Water heater and thermostatic mixing valves must be inaccessible to bathers and must be capable of providing two (2) gallons per minute of water to each shower head. The temperature of the water must not exceed 90 degrees Fahrenheit and must have an automatic cut-off thermostat set at 90 degrees Fahrenheit.

(k) Towels. Single service paper towel dispensers or blower type hand dryers must be provided.

14. Minimum Toilet Facilities.

(a) Minimum toilet facilities shall be provided within a three hundred (300) foot walking distance of Type "B", "C", "D", "F" pools and Type "A" and "E" facilities that do not charge for admission. Minimum toilet facilities must consist of at least one (1) lavatory and one (1) water closet for each sex. Floors must be of impervious materials and relatively smooth, but not have a slick finish. Each room must be furnished with a minimum of 60 watts of incandescent light and have adequate ventilation. Soap dispensers for providing either liquid or powdered soap must be provided at each lavatory or between each pair of lavatories. Mirrors, if provided, must be made of shatter-resistant material. Single service paper towel dispensers or blower type hand dryers must be provided. Toilet paper holders must be provided at each water closet. Floors must be well drained to prevent standing water. Carpet shall not be used on the floors.

(b) Minimum toilet facilities are not required if all living units are within a three hundred (300) foot walking distance of the nearest water's edge and are each equipped with private facilities.

15. Filtration System.

(a) Diatomite Filters. Filters must be approved by and bear the seal of the National Sanitation Foundation. Filters may be of either pressure or vacuum type. The filter rate must not exceed two (2) gallons per minute per square foot of filter surface area. Provisions must be made for backwashing the filter at not less than two (2) gallons per minute per square foot of filter surface area. The filter(s) must be provided with pressure or vacuum gauges for determining the need for backwashing and sight glass to determine when backwash is clear.

(b) High Rate Sand Filters. Filters must be approved by and bear the seal of the National Sanitation Foundation (NSF). The filter rate may not exceed fifteen (15) gallons per minute per square foot of filter surface area. A higher rate may be allowed if approved by the NSF. Provisions must be made for backwashing the filter(s) at the manufacturer's recommended backwash rate. The filter(s) must be provided with pressure gauges for determining the need for backwashing, backwash sight glass, and air-relief device.

(c) Cartridge Filters. Filters must be approved by and bear the seal of the National Sanitation Foundation. The filters must be of a disposable or washable element. Surface types must have a maximum flow rate of 0.375 gallons per minute for each square foot of effective filter area. A spare cartridge filter must be provided at each site where these types of filters are used. A sump pit and or hard piped drain line must be installed to handle the design flow rate of the recirculation system. If connected to a sanitary sewer system or municipal separate storm sewer system, specific approval must be obtained from the municipality or sewer authority for such discharge.

(d) Other Filters. The National Sanitation Foundation and/or the Department must approve any filters other than those described above before they can be considered for use in the recirculation system for public swimming pools.

16. Filter Backwash. Backwash from the filter(s) must be piped to a disposal pit, tile field, or other disposal method approved by the Department. If the backwash water is to be discharged to a sanitary sewer system or municipal separate storm sewer system, specific approval must be obtained from the municipality or sewer authority for such discharge. If the method of backwash will be to an on-site storm sewer system, the location of the discharge and the name and distance of any receiving body of water must be identified on the project plans. Any discharge of backwash water to a water body must receive prior approval from the Department. All pools that directly discharge backwash water to waters of the State or stocked ponds must be equipped with an appropriately sized dechlorination device. If the method of backwash disposal will be to a pit or tile field, the location of discharge must be identified on the project plans and the receptacle must be adequately sized to accept the pool drainage. Also, a three (3) minute backwash cycle must be conducted at the time of the final inspection to ensure that there is adequate capacity of the disposal system. A minimum six (6) inch air gap must be maintained at the discharge point or two (2) single in-line check valves must be installed in the backwash line. The receptacle must be sufficiently sized to accommodate the backwash flow.

17. Pool Drainage. The method and location of discharge employed to drain the pool must be included on the project plans and the receptacle must be adequately sized to accept the pool drainage. If the pool drains to a sanitary sewer system or municipal separate storm sewer system, specific approval must be obtained from the municipality or sewer authority for such discharge.

18. Rate of Flow Indicator. Every public swimming pool must be provided with a rate of flow indicator located on the discharge line from the filters. Rate of flow indicators must be accurate to + or - 5% and installed according to manufacturer's instructions. Dimensions must be shown on the schematic diagram, indicating the actual location of the rate of flow indicator. The rate of flow indicator must be calibrated for and provided with a scale reading in gallons per minute and shall have an upper range at least ten (10) percent above the maximum design flow rate. The scale resolution of the meter must fall within the design flow of the system. The activating element of the flow indicators must be installed in the filter effluent line. The flow meter must be mounted in a location such that it can be easily read.

19. Heater. Heaters, where used, shall be installed and operated in accordance with manufacturer's recommendations and local building codes to include proper ventilation. The heater design must be such that it will not affect the minimum required design flowrate. A thermostat control must be provided with an automatic cut-off for an upper limit of 104 degrees Fahrenheit and above. Solar panels may be used as a pool heater provided that the materials used in the solar panels must be non-toxic and acceptable for use with potable water. Data verifying the material is non-toxic must be submitted to the department for review and approval at the time the application is made. Pools equipped with solar panel heaters shall have a fixed thermometer mounted in the pool recirculation line downstream from the heater outlet. All equipment and appurtenance used to operate a solar panel heater must meet the applicable portions of R.61-51.

20. Pump and Motor. Pumps and motors under five (5) horsepower must be National Sanitation Foundation (NSF) approved or must be equally listed by a Testing Lab approved by the Department. The pump and motor must be of adequate size and capacity to provide the required pool turnover rate and should be located so as to eliminate the need for priming. If pump or suction piping is located above the overflow level of the pool, the pump must be self-priming. The pump and motor must be designed to supply, without overloading, the required design rate at a total dynamic head sufficient to overcome the friction losses in the piping, appurtenances, and the maximum headloss through the filter(s). Unless headloss calculations are provided by the designing engineer, pump design must be based on an assumed total dynamic head of fifty five (55) feet of water. All pumps must be provided with a corrosion-resistant strainer to remove solids, debris, hair, lint, etc. Pool pump motors must have a directly accessible on/off switch within three (3) feet horizontal distance of the pump(s). Pump(s) shall not be activated by a panel circuit breaker. All pumps shall be installed in accordance with the National Electrical Code (NEC). A device for regulating the rate of flow may be provided in the recirculation pump discharge piping.

21. Water Treatment. Equipment for halogen disinfection (chlorine, bromine) must be provided on all pools. This equipment must be approved by and bear the seal of the National Sanitation Foundation. The equipment must be of such capacity to feed one (1) pound of free available chlorine per ten-thousand (10,000) gallons of pool volume per twenty-four (24) hour period in all pools. The equipment must be operable at all times that the recirculation system is in operation. This equipment must be installed in accordance with the approved manufacturer's instructions. The equipment manufacturer's name and model number of chemical feeder, as well as the size and number of feeding tanks must be furnished. All chemical feed pumps must be wired directly to the recirculation pump such that when recirculation flow stops chemical feed is halted. GAS CHLORINATION IS NOT PERMITTED. No chemical may be manually fed while the pool is open for operation. Supplemental water treatment systems may be approved on a case by case basis. Chemical feed containers for use with liquid feed systems, in excess of fifteen (15) gallons, must be provided with spill containment and must be clearly labeled. A detailed drawing must be included on the project plans. Ultraviolet (UV) or ozone disinfection may be added to any pool in addition to the minimum required disinfection.

22. Separate System. Each individual pool constructed must have its own pump, motor, filter, disinfection equipment, piping, etc., such that it is a complete unit and not dependent upon any other recirculation system, except as provided otherwise in these regulations. Separate recirculation systems are required for indoor-outdoor pools with a separate and independent system for both the indoor and outdoor bodies of water.

23. Automatic Controller. If an automatic controller is to be used, the device must be installed in accordance with the approved manufacturer's instructions. The chemical feed pump(s) must also be directly wired to the recirculation pump and a flow switch such that when the recirculation flow stops, the chemical feed pumps are switched off. Other alternatives that provide redundancy will be considered by the Department on a case-by-case basis.

24. Piping.

(a) The determination of sizes of pipe, fittings, and valves on the complete main pump suction line from the swimming pool must be based upon a rate of friction loss for piping of not more than six (6) feet per one-hundred (100) feet based upon the Hazen-Williams formula using the following "C" values:

Iron Pipe: c = 100

Copper Pipe: c = 120

PVC Pipe: c = 150

(b) All piping on the discharge side of the pump for filtration and to the point for discharge of backwash water from the filter plant must have pipe sizes determined on a basis for friction losses which must not be more than twelve (12) feet per one-hundred (100) feet using "C" values given above.

(c) If PVC pipe is used it must be schedule 40 or greater, the chart below lists the maximum flow allowable in gallons per minute (gpm) for the indicated pipe sizes at 6'/100' suction loss and 12'/100' pressure loss for schedule 40 PVC plumbing.

Pipe Sizes in Suction at 6'/100' (flow Pressure at 12'/100' (flow

Inches in gpm) in gpm)

1 1/2 27 39

2 57 83

2 1/2 105 150

3 165 245

4 355 510

5 640 925

6 1000 1500

(d) All piping must be hydrostatically tested under pressure prior to being covered by earth, deck or pool structure. Minimum pressure for testing shall be thirty (30) psi or one and one half (1 1/2) times the normal operating pressure on the return line, whichever is greater. Pressure must be maintained constant for two (2) hours. PVC pipe must be approved by the American National Standards Institute/National Sanitation Foundation or other laboratory acceptable to the Department with the ANSI/NSF or equal designated seal on each section of pipe. Only SD 26 Class 160 and SD 21 Class 200 PVC pipe meeting ASTM Standard D1785 or D2241 are acceptable in sizes twelve (12) inches and smaller. No heat bending of PVC pipe is allowed. All pool piping, angles, and elbows must be braced and supported to preclude possible settlement or rupture of the line. Gravity waste lines around the pool six (6) inches or smaller must have a minimum slope of one-fourth (1/4) inch per foot toward the effluent point. Lines larger than six (6) inches and all out-fall waste lines must be designed with a size of pipe and slope to maintain a minimum velocity of two (2) feet per second with no overload or back pressure in the lines. All piping and equipment must be provided as much as possible with positive means of completely draining all water to prevent damage from freezing. All piping in the equipment room must be permanently marked with directional arrows and identified as to origin and use, e.g., surface skimmer, main drains, etc. No flexible piping may be installed as part of the pool recirculation or booster systems. NSF PVC flexible piping may only be used for spa air lines and must be glued at all joints.

25. Pool Inlets and Outlets.

(a) All inlets and outlets must be provided and arranged to produce complete recirculation of water and the maintenance of uniform disinfectant throughout the pool. Relative placement of inlets and skimmers shall not produce short circuiting of the recirculation water. There must be at least four (4) return inlets, except for facilities covered under Section E and F. Wall return inlets must have variable orifice, directional flow fittings so that the flow pattern can be adjusted. Floor return inlets may be installed if they are uniformly spaced, if the number of floor return inlets provided meets the requirements of R.61-51.C.25(b). The maximum flow per inlet for all recirculation and booster system return inlets is twenty-five (25) gpm or a velocity of no greater than forty (40) feet per second per inlet. A minimum of ten (10) gpm must be provided per inlet. If necessary, the recirculation system shall be upgraded to meet the ten (10) gallon per minute requirement to ensure proper distribution of disinfectant.

(b) In pools with surface area greater than fifteen hundred (1,500) square feet, or length in excess of sixty (60) feet, inlets must be placed around the entire perimeter at maximum fifteen (15) foot intervals. In any case, an adequate number of inlets must be provided, properly spaced and located so as to accomplish complete recirculation and maintenance of a uniform and adequate level of disinfecting medium at all times. Approved inlets may be installed uniformly in the pool floor if the requirement of one (1) inlet per fifteen (15) feet of pool perimeter is met. All pool inlets must be corrosion resistant types and wall inlets must have means to adjust the flow pattern.

26. Overflow/Skimming Devices. All public swimming pools must have one (1) of the following types of surface skimming devices. Skimming action must be provided at all times when the recirculation system is in operation. Total capacity of all overflow/skimming devices in any pool must be at least one hundred percent (100%) of the required filter flow of the recirculation system.

(a) Perimeter Overflow Gutters. These gutters may be of the recessed or roll-out type. If recessed gutters are used, they must be located near the top of the pool wall and must have a minimum depth of three (3) inches. They must be uniformly level and be designed to serve as a handhold. The gutter drain outlets shall be constructed of non-corrosive material and must be placed on a maximum of fifteen (15) foot centers; gutter branch lines must be a minimum of two (2) inches in diameter. The gutter bottom must slope toward these outlets with a minimum slope of one-eight (1/8) inch per foot. The gutter must be easily accessible for cleaning. The opening into the gutter must not be less than four (4) inches wide.

(i) When perimeter overflow gutters are used, a surge capacity must be provided to accommodate excess water that cannot be satisfactorily accommodated by the recirculation system. Surge capacity must be not less than one gallon for each square foot of pool surface. Recovery time required to return the overflow system to skimming action after maximum pool displacement has ceased must be minimized. Credit may be given for in pool surge capacity provided that the gutter is designed to serve in this manner and skimming action is provided over the complete range of water levels.

(ii) Roll-out gutters must have a width of eight (8) to twelve (12) inches and must have an edge that is uniformly level. The lip of the gutter must have a minimum pitch of one (1) inch to twelve (12) inches of width. Gutter drains of non-corrosive material must be located on maximum eight (8) foot centers; gutter branch lines must be a minimum of one and one-half (1 1/2) inches in diameter. The gutter must slope toward these outlets with a minimum slope of one-eighth (1/8) inch per foot.

(iii) Requests for gutters differing from those described above will be reviewed for approval on an individual basis after supporting engineering data, including complete hydraulics of the proposed gutter system and connecting piping has been submitted. Gutter systems must be designed so that skimming action will occur over the complete range of water levels from quiescence to full bather load.

(b) Recirculating Surface Skimmers. At least one (1) NSF listed skimmer must be provided for each four hundred (400) square feet of pool surface area, or major fraction thereof.

(i) Skimmers must be located so that the middle of the skimmer is positioned three (3) to seven (7) inches below the pool coping such that the normal operating water level of the pool is the middle of the skimmer. In lazy rivers, this depth may be increased to nine and one half (9.5) inches. The skimmer throat shall be made of tile and recessed a minimum of six (6) inches from the inside pool wall with a minimum of eighteen (18) inches opening in the pool wall angling into the skimmer throat opening (see diagram).

(ii) Skimmer weirs must be automatically adjustable to variations in water level over a range of at least three (3) inches.

(iii) An easily removable and cleanable basket, or screen, through which all overflow water must pass must be provided in each skimmer to trap large solids. One extra skimmer basket shall be provided for each pool.

(iv) The skimmer must be provided with an equalizer pipe to prevent airlock in the suction lines. This pipe must provide an adequate amount of make-up water for pump suction should the water of the pool drop below weir level. It must be at least one and one half (1 1/2) inches in diameter and be located at least one (1) foot below the lowest overflow level of the skimmer. It must be provided with a valve or equivalent device that will remain tightly closed during normal operating conditions, but will automatically open when the water level drops as much as two (2) inches below the lowest weir level.

(v) The overflow weir must operate at all flow variations expected, and must be of such buoyancy and design so as to develop an effective velocity over the weir lip.

(vi) The skimmer must be of substantial, enduring and corrosion-resistant material. Each skimmer must have a device to control flow.

(vii) Where concrete pavers are used for decking, the skimmers must be anchored in place with concrete to prevent them from settling.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

27. Safety Equipment.

(a) Lifeguard Chairs. There must be a minimum of one (1) lifeguard chair provided for each two-thousand (2,000) square feet of pool surface or major fraction thereof for Type "A" and "E" pools. Where two (2) or more lifeguard chairs are required they shall be strategically located to provide adequate coverage for all bathers. Lifeguard chairs must be elevated to such a height that will allow complete survey of the pool swimming area.

(b) Life Saving Equipment. All pools must be equipped with at least one (1) unit of life saving equipment must be inside the fence and be within two hundred (200) feet walking distance from any point on the pool perimeter. This equipment must be located within the pool area and inside the fence. One (1) unit of life saving equipment must be provided for each lifeguard chair. Life saving equipment is not required at Type "C" and "D" pools. All life saving equipment must be visible from the deck and unimpeded access must be provided.

(c) Emergency Equipment. All Type "A" and "E" pools must be equipped with at least one (1) unit of emergency equipment.

(d) First Aid Kit. All Type "A" and "E" pools must have a first aid kit. This kit must be readily accessible when the pool is open to the public.

28. Signs.

(a) All signs must be clearly displayed around the pool and must be free of obstructions including vegetation.

(b) Pool Rules Sign. At least one (1) "Pool Rules" sign for informational purposes must be posted such that the sign is visible from all entrance points of the pool and must contain, as a minimum, the items listed below, with the blanks reflected in (xii) through (xvi) below filled in before authorized operation:

(i) There should be no solo swimming.

(ii) There should be no running, boisterous or rough play.

(iii) No person under the influence of alcohol or drugs should use the pool.

(iv) There should be no spitting or blowing nose in pool.

(v) Persons with diarrheal illness or nausea should not enter the pool.

(vi) Persons with skin, eye, ear or respiratory infections should not enter the pool.

(vii) Persons with open lesions or wounds should not enter the pool.

(viii) No animals or pets allowed in the pool.

(ix) No glass allowed in the pool or on the deck.

(x) No children should be in the pool without supervision.

(xi) You should take a shower before entering the pool.

(xii) This pool is open from a.m. to p.m.

(xiii) The maximum number of swimmers allowed in the pool is .

(xiv) A first aid kit is located .

(xv) An emergency phone (or other notification device) is located .

(xvi) Life saving equipment is located at .

(c) No Diving Sign. In addition to the above sign, permanent and separate "NO DIVING ALLOWED" signs must be displayed in conspicuous locations at all pools of surface area greater than two hundred (200) square feet and not having dimensions adequate for diving. The sign must read in all capitalized letters "SHALLOW WATER - NO DIVING ALLOWED" and must have minimum four (4) inch lettering for "SHALLOW WATER" and six (6) inch lettering for "NO DIVING ALLOWED". Two (2) or more signs must be provided so as to be clearly visible to anyone entering the pool. This sign may be required on Type "C", "D", "E", "F", and "G" pools if the Department decides the signs are applicable.

(d) No Lifeguard on Duty Sign. In addition to the above signs, permanent and separate "NO LIFEGUARD ON DUTY" signs must be displayed in conspicuous locations. The sign must read in all capitalized letters "NO LIFEGUARD ON DUTY - SWIM AT YOUR OWN RISK" and must have minimum six (6) inch lettering for "NO LIFEGUARD ON DUTY" and must have minimum four (4) inch lettering for "SWIM AT YOUR OWN RISK". Two (2) or more signs must be provided and be clearly visible to anyone entering the pool. These signs are required on all Type "B", "C", "D", "F", and "G" pools that do not have lifeguards.

(e) Spa Caution Sign. In addition to a pool rules sign, heated spas must also have a waterproof sign with bold lettering which is clearly visible and contains the following warning statement: CAUTION

CAUTION

(i) Elderly persons and those suffering from heart disease, diabetes, high or low blood pressure should consult their physician before using the spa.

(ii) The use of this spa while under the influence of alcohol, anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, hypnotics, narcotics or tranquilizers should be avoided.

(iii) Pregnant women should not use the spa without consulting their physician.

(iv) Persons should spend no more than fifteen (15) minutes in the spa at any one (1) session. Long exposures may result in nausea, dizziness or fainting.

(v) The maximum temperature recommended by the South Carolina Department of Health and Environmental Control, for any spa is 104F. The actual temperature of this spa at ___ o'clock today is ___F.

(f) Pool Operator Sign. A sign must be posted or language must be added to the "Pool Rules" sign which reads, "The Pool Operator at this facility is __________ State license number __________."

29. Main Drains.

(a) A minimum of two (2) main drains must be provided on the bottom floor of the pool with at least one (1) at the lowest point of the floor to completely drain the entire pool. All such outlets must be interconnected and each drain must be directly connected to the main drain line. The interconnecting line must be adequately sized to accommodate one hundred (100) percent of the recirculation or booster pump flow. The main drain spacing must not be greater than twenty (20) feet nor less than three (3) feet on centers, nor shall they be more than fifteen (15) feet from any side wall. Interconnecting and outlet pipes must be flush with side wall and/or floor of main drain sump. If the pool is intended for fire protection the main drains and piping associated must be sized appropriately and shown on the plans.

(b) Each outlet grate area must be sized to accommodate 100% of the recirculation flow and the velocity through the open area of the grate must not be greater than one and one-half (1 1/2) feet per second. Each drain sump or pot must be of adequate depth and design to provide for uniform suction across the entire grate area. Outlet grates must be anchored with corrosion resistant screws that cannot be removed without the use of tools and slots must not be more than one-half (1/2) inch wide. When the outlet fittings are of the anti-vortex type, maximum entrance velocities may be increased to six (6) feet per second. All outlet grates must be of corrosion resistant materials.

(c) Hydrostatic relief valves must be incorporated into at least one of the lowest main drain sumps or a well point system must be provided. These may not be required when the bottom of the pool is above the high water table.

30. Overflow. Overflows are required for all indoor pools having a volume of fifteen hundred (1,500) gallons or greater. If overflow connections are not provided in skimmers or surge tanks, some type of overflow must be built into the pool wall which will be of sufficient size to carry off water that could be supplied by the fill spout, rainfall, or automatic fill device. All such overflow devices must drain to an approved location and must have a minimum six (6) inch air gap or check valve. Overflows must discharge to a location that drains away from the pool area such that the discharge remains visible when overflowing.

31. Electrical and Illumination Requirements. Artificial lighting must be provided at all public swimming pools which are to be used at night or which do not have adequate natural lighting so that all portions of the pool, including the bottom, may be readily seen without glare.

(a) Underwater Lighting. Where underwater lighting is used, not less than 0.5 watts of incandescent lighting or 8.35 lumens must be provided per square foot of pool area. An adequate number of lights must be used and properly positioned so that all portions of the pool are clearly visible to an observer on the pool deck. Fiberoptic lighting may only be installed as a supplement to the minimum lighting requirements outlined above. Colored lights that do not provide for an equivalent light output to the wattage or lumens noted above for clear lights cannot be used.

(b) Area Lighting. Where underwater lighting is used, uniform area lighting must be provided for the deck area and directed toward the deck area and away from the pool surface insofar as practical. Illumination of the pool deck surface must be at least ten (10) foot candles of intensity, or not less than 0.6 watts of incandescent light or 10 lumens per square foot. Where underwater lighting is not used and night swimming is permitted, uniform area lighting must be provided in an amount of not less than thirty-two (32) foot candles of intensity, or not less than two 2 watts of incandescent light or 33.5 lumens per square foot of pool area in addition to 0.6 watts of incandescent light or ten (10) foot candles of intensity per square foot of deck area. These lights must be placed around the pool area such that all sections and depths of the pool are clearly visible at all times. Light fixtures located within the pool area must be protected by a non-breakable lens.

(c) Overhead Conductors, Wiring and Lights.

(i) Overhead conductors and wiring not in conduit must not pass within an area extending a distance of twenty (20) feet horizontally away from the inside edge of the pool walls, diving structures, observation stands, towers, or platforms. No pool can be constructed under an existing utility owned supply conductor in accordance with the current edition of the National Electrical Safety Code.

(ii) There shall be no light fixtures or conductor splices directly above the water surface at any outdoor pool. Indoor pools must comply with the same restriction except that light fixtures protected by a non-breakable lens are allowed.

(d) Wiring and grounding for lights and all electrical power for swimming pool equipment must conform to the codes of the current edition of the National Fire Protection Association (NFPA) National Electric Code. All electrical circuits within the pool area including all accessory equipment, electric drinking water fountains, and bathhouse/minimum toilet facility receptacles are required to meet the current edition of the NFPA National Electric Code; provided, however, all such circuits shall have ground fault protection regardless of their proximity to the pool. Exceptions may be granted for lighting and fixtures that are twenty-five (25) feet or more above the pool deck and would not pose a risk of electrocution. Junction boxes must be above the pool water level and must not be a trip hazard.

32. Instructions For Operation.

(a) The specifications and/or plans for all public swimming pools must include the provision that upon completion of any swimming pool, the builder must give the owner and his operators complete written and oral instructions in the operation of the pool and all equipment, in the chemistry of swimming pool water and specific details covering the maintenance of the equipment. Also, these instructions and provisions must consist of the operation of the entire facility under the builder's observation for a minimum of three (3) days. All valves must be permanently tagged and identified as to use and a valve operating schedule must be provided for every operation.

(b) Instructions, including the valve schedule, must be supplied in not less than two (2) copies. These must be encased in a water proof covering with one (1) copy permanently posted on the equipment room wall.

33. Equipment Acceptance. Any equipment to be used in public swimming pools must be approved by the National Sanitation Foundation Testing Laboratory, Inc., Ann Arbor, Michigan, or other laboratories acceptable to the Department, where applicable.

34. Swimming and Deck Limits.

(a) The total number of persons which can safely utilize a swimming pool facility shall be based upon the sum of the following areas:

(i) Swimming Area. (The area between the transition point and the diving area) One (1) person for each twenty-five (25) square feet of surface area.

(ii) Shallow Area. One (1) person for each ten (10) square feet of surface area.

(iii) Deck Area. One (1) person for each thirty-three (33) square feet of the required minimum deck area.

(iv) Type "D" Pools. One (1) person for each ten (10) square feet of surface area.

(b) The pool capacity determination is not applicable for Type "C" and "E" pools.

(c) Diving Area. An area extending a ten (10) foot radius from the extremity of a diving board or tower will be considered as reserved for divers, and not more than one (1) person shall be permitted in the water in this area at any time diving is in progress. Only one (1) person is allowed on any diving board at one time.

35. Steps and Ladders. At least one (1) ladder/steps must be provided for each seventy-five (75) feet of pool perimeter. Two (2) or more ladders/steps must be provided for all Type "A" and "B" pools. All ladders must have a minimum of three (3) tread design and must include treads of non-slip construction. Steps shall have a minimum tread width of twelve (12) inches, a maximum rise of eleven (11) inches and a minimum length of thirty (30) inches. All step risers must be of uniform height (within one half (1/2) inch of each other) with the exception of the bottom riser. All step treads must be level with a tolerance for step slope of one half (1/2) inch. When radial steps are to be constructed, the minimum standards are shown in figures 1, 2 and 3 as follows. All steps shall be non-slip and constructed in the shallow end of the pool only. Permanent black or dark colored edge stripes such as tile must mark steps. The edge stripe must be a minimum of two (2) inches wide, must be provided the entire length of each step, must be non-slip in texture, and must be installed on the run of each step so as to be clearly visible by patrons upon entering the pool. The step edge stripe must start within one (1) inch from the edge of the step. Where steps are used, a minimum of one (1) handrail must be installed. All handrails must be securely anchored, extend over and anchor into the bottom step, and be easily accessible for exiting the pool. No portion of the handrail shall be closer than three (3) feet from any other handrail. No figure four type handrails may be installed except on fiberglass pools and Type "C" pools. Where the average step length, as measured from the front edge of the middle step, is over ten (10) feet in width there shall be one (1) additional handrail for every average ten (10) feet of step width or major fraction thereof and they shall be evenly spaced. When tanning ledges are provided, the maximum water depth shall be twelve (12) inches. If the distance from the tanning ledge to the coping exceeds eleven (11) inches, then a single step and handrail must be provided. Handrails must be of the removable type. Ladders and handrails shall be designed so as to be secured tightly in place when the pool is in operation unless they are removed for certain aquatic events. Grab rail recess step type ladders can be used in lieu of the standard three (3) tread ladder.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

36. Construction Variance. When a pool contractor desires to use a construction procedure inconsistent with the regulations or use materials and/or equipment other than specified in these regulations a variance may be requested from the Department. Such a request must be submitted in writing and shall include a description of the material(s), equipment, and/or construction procedure(s) proposed, identify the material, equipment and/or procedure required by the regulation, and include proof of equivalency. This request for a variance will be considered by the Department for approval. The Department's decision on such a variance will be final.

37. Bridges. Bridges over the pool shall be built so that they will not introduce any contamination to the pool water. The minimum height of the bridge shall be at least seven (7) feet from the bottom of the pool and at least four (4) feet above the surface of the pool. Minimum forty-two (42) inch high handrails shall be provided along each side of the bridge. The walking surfaces shall be constructed of concrete or nonabsorbent material having a non-slip finish. A sign must be posted at both ends of any bridge crossing over a pool stating in all capitalized letters "NO DIVING OR JUMPING FROM BRIDGE ALLOWED". This sign must be clearly visible to anyone walking over the bridge.

38. Portable Kiddie Slides. Portable slides must comply with the requirements of Section G Paragraph 1, Section G Paragraph 2, Section G Paragraph 3(a), 3(b), 3(d)(vi), 3(d)(vii), 3(e)(ii), and 3(e)(iii). Portable slides are only allowed in Type "A" and "E" pools.

(a) The distance between the slide exit and the opposite side of the landing pool or other obstructions shall be a minimum of fifteen (15) feet.

(b) The slide must terminate no more than two (2) inches above the water surface and cannot terminate on an angle.

(c) Potable water supplies for wet slides shall be protected by proper backflow prevention and any piping or hose shall not be a trip hazard.

(d) Portable slides must be secured when not in use or when an attendant is not available.

(e) Where applicable or recommended by the manufacturer, it may be necessary to secure the slide to the deck with anchor bolts or other suitable mounting hardware.

39. Surge tank. Where surge tanks are provided, a means to clean and maintain the tank shall be shown on the plans. Main drains must be located in the bottom of the tank.

D. PUBLIC SWIMMING POOL DESIGN REQUIREMENTS FOR TYPE "A" AND "B", AND "G" POOLS

1. Applicability. Requirements of this section are applicable to all new construction and alterations of existing public swimming pools.

2. Pool Depths.

(a) The depth in the shallow portion must begin at three (3) feet and slope continually toward the deepest point of the pool.

(i) Where a pool is constructed with a maximum depth of five (5) feet, six (6) inches or less, the bottom must slope continually at a maximum of one (1) foot vertical to ten (10) feet horizontal and no lifeline is required.

(ii) Where the maximum pool depth exceeds five (5) feet, six (6) inches there shall be a lifeline between the shallow and the deep end which must be located at a point across the pool one (1) to two (2) feet on the shallow side of the transition point. Where there is no transition point, the lifeline must be at the four (4) foot, six (6) inch depth. The pool must slope continually from shallow end to the slope transition point; and the slope must not exceed one (1) foot vertical to ten (10) feet horizontal.

(b) Lifelines. The lifeline must be made of polyethylene or nylon rope with floats made of soft plastic or cork placed at not more than five (5) foot intervals. The lifeline must be minimum three-fourth (3/4) inches diameter and have floats at least five (5) inches by six (6) inches in size.

(c) Transition Point. Where the maximum pool depth exceeds five (5) feet, six (6) inches a permanent non-slip black or dark color tile stripe must be incorporated in the floor and the walls of the pool to mark the slope transition point. This tile stripe must be a minimum four (4) inches and a maximum six (6) inches wide and located at a point across the pool one (1) to two (2) feet on the shallow side of the transition point. Where there is no change in slope this line must be placed at the four (4) foot, six (6) inch depth.

(d) Zero-Depth Entry Pools. Zero-Depth entry pools are allowed in Type "A" and "B" pools only when a lifeline is placed at the two (2) to three (3) foot depth and a breakline tile stripe meeting the requirements of Section D Paragraph 2(c) is collocated with the lifeline.

(i) In addition to the required number of surface skimmers or perimeter gutter system, Zero-Depth entry pools must have either a gutter/trench with a grate cover installed along the zero depth area at an elevation which allows effective skimming at the trench at all times or two additional skimmers. Each of these additional skimmers must be located on each side of the zero depth entry at a water depth of between six (6) and twelve (12) inches. If the zero depth entry is greater than forty (40) feet in length, a gutter with a grate is required. All gutter designs will require either a collection/surge tank or a trough with a depth of at least twelve (12) inches. All installations that require a gutter must install an auto-fill device.

(e) Diving Boards. At least thirteen (13) feet of unobstructed vertical distance must be maintained above any diving board. This thirteen (13) foot height must extend eight (8) feet to each side and twenty (20) feet ahead of the front end of the board. In case of multiple diving boards, the above vertical distance must be provided for each board. Where diving is permitted, minimum depths of pools and clearances for various pool elements must be as shown in the following diagrams and tables (following Section D(2)(j)). Pool widths must be a minimum of eighteen (18) feet throughout the diving section.

(f) Depths and Clearances. The depths and clearances shown in the chart must be used as the basis for determining the safety features of pools which are not rectangular in shape. Cross-sectional diagrams must be given so that minimum depths and clearances may be determined for pools of non-rectangular shape; a minimum of one (1) longitudinal and one (1) latitudinal cross-sectional diagram must be given for all pools. Where a pool is built to permit diving, but has no diving board installed, diving is permitted only at the point on the deep end where a board would be installed. This point must be marked on the pool coping with the lettering "Diving permitted from this point only." The lettering shall be a minimum of 4" high and shall be marked on the deck or coping at a maximum of 12" from the pool edge.

(g) Walls, Ledges, and Islands. All walls must be vertical. No ledges are permitted inside the main pool body. Islands and walkways are allowed inside the main pool body provided that they are above the normal water level and extend to the bottom of the pool floor.

(h) Seats. Seats may be allowed in the shallow portion of the pool in water depths of four (4) feet or less if completely recessed from the main body of the pool. Recessed shall mean thirty six (36) inches back from the main pool body and not contiguous to any steps. The seat shall be eighteen (18) inches wide and eighteen (18) inches shall be for leg room. The maximum water depth over the seat shall not exceed twenty (20) inches. The front edge of the seat must be marked with a black or dark colored, non-slip tile a minimum of two (2) inches wide. A non-slip tile reading "NO STEP" shall be placed on the seat (1 1/2 inch lettering) and correspondingly on the deck (1 1/2 inch lettering) with no more than five (5) feet between signs if the seat is wider than ten (10) feet, otherwise the "NO STEP" sign shall be placed in the middle of the bench.

(i) The depths of the shallow portion of a pool with racing lanes which are intended to be used for lap swimming may be increased to three and one-half (3 1/2) feet or four (4) feet. The racing lanes must be marked in black tile or dark colored tile. This tile shall be non-slip. The tile lanes must be a minimum of six (6) inches wide and a maximum of twelve (12) inches wide.

(j) Construction tolerances shall be within plus or minus (+ or -) three (3) inches of design for overall pool length, width, or depth.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

DEPTH -- MINIMUM

-----------------------------------------------------------------------------

Stands & Boards Maximum Height to Water D-1 D-2 D-3 D-4 D-5

-----------------------------------------------------------------------------

3-Meter Board 6'-0 4'-6 12'-6 12'-0 12'-0

-----------------------------------------------------------------------------

1-Meter Board 6'-0 4'-6 10'-6 10'-0 10'-0

-----------------------------------------------------------------------------

Deck Level Board (Less than 26) 6'-0 4'-6 9'-0 8'-6 8'-6

-----------------------------------------------------------------------------

No Board 6'-0 4'-6 8'-6 8'-0 8'-0

-----------------------------------------------------------------------------

No Diving Pool 3'-0 3'-0 3'-0 3'-0 3'-0

-----------------------------------------------------------------------------

LENGTH OF Section -- MINIMUM

----------------------------------------------------------------------------

Stands & Boards Maximum Height to Water A B C D E

----------------------------------------------------------------------------

3-Meter Board 5'-0 6'-0 9'-0 23'-0 13'-0

----------------------------------------------------------------------------

1-Meter Board 5'-0 6'-0 9'-0 17'-0 11'-0

----------------------------------------------------------------------------

Deck Level Board (Less than 26) 2'-6 6'-0 7'-6 12'-0 9'-0

----------------------------------------------------------------------------

No Board - 6'-0 6'-0 12'-0 -

----------------------------------------------------------------------------

No Diving Pool - - - - -

----------------------------------------------------------------------------

D-1 shall be no farther out than a maximum of 15" from pool wall. Slope of D shall not exceed 1'-0" vertical to 3'-0" horizontal. The maximum values of A are 6'-0" for 1-Meter and 3-Meter boards and 4'-0" for deck level boards. Clearance above the board must extend the entire length of sections B, C and D. Depth D-5 is measured at midpoint of Section B where a diving board is not provided. Where a diving board is provided D-5 shall be measured from the tip of the board. The minimum distance between the diving well wall on the deep end and any opposite wall shall not be less than six (6) feet greater than the diving bowl dimensions (B, C and D). All diving boards that are placed at a height above water between those listed shall be made to comply with the listing that is greatest, e.g. 34" board shall comply with the one meter board height above water. Shallower water depths of 3 1/2 feet or 4 feet will be considered for pools with racing lanes that will be used for competitive swimming and diving from stands.

(k) Vanishing edge pools. Any vanishing edge pool that has a drop of eighteen (18) inches or less as measured from the top of the edge to the normal operating level in the receiving trough is not required to have safety netting. If the drop exceeds eighteen (18) inches, the Department may require the installation of safety measures (safety netting, grates, etc.) to prevent injury. Troughs must be designed to deter access and must have appropriate signs (i.e. "Keep Out", "Do Not Enter", etc.) troughs must be provided with appropriately sized main drains and designed to provide skimming action.

-------------------------------------------------------------------------------

DEPTH minimum feet (') and inches ()

-------------------------------------------------------------------------------

Stands and Boards Max to water D-1 D-2 D-3 D-4 D-5

-------------------------------------------------------------------------------

Three (3) Meter Board 6' 0 4'6 12'6 12'0 12'0

-------------------------------------------------------------------------------

One (1) Meter Board 6'0 4'6 10'6 10'0 10'0

-------------------------------------------------------------------------------

Deck Level Board [Less than twenty six (26) 6'0 4'6 9'0 8'6 8'6

inches]

-------------------------------------------------------------------------------

No Board 6'0 4'6 8'6 8'0 8'0

-------------------------------------------------------------------------------

No Diving Pool 3'0 3'0 3'0 3'0 3'0

-------------------------------------------------------------------------------

LENGTH OF Section minimum

-------------------------------------------------------------------------------

Stands and Boards Max to water A B C D E

-------------------------------------------------------------------------------

Three (3) Meter Board 5'0 6'0 9'0 23'0 13'0

-------------------------------------------------------------------------------

One (1) Meter Board 5'0 6'0 9'0 17'0 11'0

-------------------------------------------------------------------------------

Deck Level Board [Less than twenty six (26) 2'6 6'0 7'6 12'0 9'0

inches]

-------------------------------------------------------------------------------

No Board 6'0 6'0 12'0 - -

-------------------------------------------------------------------------------

No Diving Pool - - - - -

-------------------------------------------------------------------------------

D-1 shall be no farther out than a maximum of 15" from pool wall. Slope of D shall not exceed 1'-0" vertical to 3'-0" horizontal. The maximum values of A are 6'-0" for 1-Meter and 3-Meter boards and 4'-0" for deck level boards. Clearance above the board must extend the entire length of sections B, C and D. Depth D-5 is measured at midpoint of Section B where a diving board is not provided. Where a diving board is provided D-5 shall be measured from the tip of the board. The minimum distance between the diving well wall on the deep end and any opposite wall shall not be less than six (6) feet greater than the diving bowl dimensions (B, C and D). All diving boards that are placed at a height above water between those listed shall be made to comply with the listing that is greatest, e.g. 34" board shall comply with the one meter board height above water. Shallower water depths of three and one-half (3 1/2) feet or four (4) feet will be considered for pools with racing lanes that will be used for competitive swimming and diving from stands.

3. Diving Towers, Stands, and Sliding Boards. Diving towers in excess of three (3) meters in height are not to be considered as acceptable in a public swimming pool without special provisions, controls and limitations on their use. No sliding boards are allowed in any Type "B" pool. All diving stands (starting blocks) installed at pools with racing lanes must be of the removable type.

4. Recirculation System.

(a) A recirculation system consisting of pumps, motors, piping, filters, inlets, outlets, disinfecting and other water conditioning equipment and necessary accessories must be provided for water purification in accordance with water quality criteria contained herein and must be designed to completely turnover the entire pool volume per the following schedule:

(i) Type "A" six (6) hours

(ii) Type "B" six (6) hours; except Type "B" lazy rivers under sixty-thousand (60,000) gallons which shall have a turnover time of four (4) hours

(b) The recirculation system shall be designed to operate on a twenty-four (24) hour basis. The normal pattern of recirculation developed must be fifty (50) percent flow through the overflow or skimming facilities and fifty (50) percent through the main drains. The recirculation system must be designed with adequate capacity such that one hundred (100) percent of the recirculation flow can pass through the overflow or skimming facilities and one hundred (100) percent through the main drains.

5. Vacuum Lines. No vacuum outlets less than six (6) inches or more than eighteen (18) inches below the normal operating water level will be allowed. The measurement will be from the center of the vacuum outlet fitting to the water surface. If skimmer vacuum attachment is used, this requirement does not apply.

6. Pool Deck. The pool deck must be constructed in accordance with Section C, Paragraph 6.

7. Pool Width. Type "A", "B", and "G" pools must be a minimum of ten (10) feet wide, with the exceptions of alcoves and lazy rivers. Lazy rivers must be a minimum of six (6) feet wide. Alcoves are recessed areas of the pool where seats may be located.

8. Type "G" Pools. Each zone of a type "G" pool must maintain the required turnover rate for it's intended usage type (e.g. a type "C" pool has a 1 hour turnover rate, therefore a kiddie pool zone would require a 1 hour turnover rate). To ensure that this requirement is met, a separate return line must be provided for each zone. Each return line must be provided with a flow meter that meets the requirements or R.61-51.C(18), or other Department-approved method to ensure the required flow rate per zone is maintained.

E. DESIGN REQUIREMENTS FOR TYPE "C" POOLS

1. Applicability. Requirements of this section are applicable to all new construction and alterations of existing public swimming pools.

2. Type "C" Pools. In addition to meeting all other applicable requirements of these regulations as found in Section C, Type "C" pools must also meet the following: There must be a minimum of two (2) inlets and two (2) main drains and at least one (1) surface skimmer positioned and operated in accordance with R.61-51.C.26(b). When only one (1) skimmer is provided and the equalizer outlet is installed on the pool floor, it must be equipped with a minimum of two (2) interconnected suction fittings spaced at least twelve (12) inches apart. The interconnecting line must be sized to accommodate one hundred (100) percent of the recirculation flow. Main drains shall be located on the pool bottom floor. Inlets and outlets must be provided and arranged to produce complete recirculation of pool water and the maintenance of a uniform and adequate level of disinfecting medium at all times. Type "C" pools must be provided with a means of completely draining the contents of the pool to waste without passing through the filter. This may be done by a gravity waste line directly from the pool or by pumping and by-passing the filter. The maximum depth for a wading pool shall be eighteen (18) inches at the center. The bottom must have a maximum slope of no greater than five-eights (5/8) inches per foot toward waste outlets or main drains. The depth at the perimeter may be zero (0) feet.

3. Spray Pools. In a spray pool, water must be designed to drain away freely as it sprays over the area. Water quality, wall and floor construction must meet the same requirements as set forth for public swimming pools. The bottom must have a minimum slope of not less than one-fourth (1/4) inch per foot (nor maximum of more than five-eights (5/8) inch per foot) toward waste outlets. All equipment drains, steps, gadgets, and toys must be installed per the manufacturer's recommendations.

4. Recirculation System. A recirculation system consisting of pumps, motors, piping, filters, inlets, outlets, disinfecting and other water conditioning equipment and necessary accessories must be provided for water purification in accordance with water quality criteria contained herein and must be designed to completely turnover the entire pool volume in one (1) hour. The recirculation system shall be designed to operate on a twenty-four (24) hour basis. The normal pattern of recirculation developed must be fifty (50) percent flow through the overflow or skimming facilities and fifty (50) percent through the main drains. The recirculation system must be designed with adequate capacity such that one hundred (100) percent of the recirculation flow can pass through the overflow or skimming facilities and one hundred (100) percent through the main drain.

5. Pool Deck. The pool deck must be constructed in accordance with Section C, Paragraph 6.

6. Sliding Boards. No sliding boards are allowed in any Type "C" pool.

7. Steps. If installed, one set of steps designed in accordance with Section C, Paragraph 35 shall be provided.

8. Fill Line. Kiddie pools may be filled by a hose bibb protected by an ASSE 1024 listed residential dual check or other Department approved backflow prevention device.

9. Automatic Controllers. All new Type "C" pools must be equipped with automatic controls to provide adequate feed rate of halogen and pH adjustment chemicals in order to keep the disinfectant and pH at the required levels on a continuous demand basis. A warning light or indicator shall be provided in a visible location for supervisory control. The device shall indicate absence of chemicals in feeders, improper adjustment of chemical dosage, or any other mechanical or operational malfunctions, e.g. recirculation flow stops.

F. DESIGN OF TYPE "D" POOLS

1. Applicability. Requirements of this section are applicable to all new construction and alterations of existing public swimming pools.

2. Type "D" Pools. In addition to meeting all other applicable requirements of these regulations as found in Section C, including steps and handrails, except where fiberglass spas are used, figure four handrails may be acceptable provided they extend over the last step. Type "D" pools must also meet the following: There must be a minimum of two (2) inlets, two (2) main drains to be located on the pool bottom floor and at least one (1) surface skimmer or gutter system positioned and operated in accordance with Section C, Paragraph 26. All drains providing water to the booster system must be located on the pool bottom floor. Inlets and outlets must be provided and arranged to produce complete recirculation of pool water and the maintenance of a uniform and adequate level of disinfecting medium at all times. The maximum depths for Type "D" pools shall be four (4) feet. Type "D" pools must be provided with a means of completely draining the contents of the pool to waste without passing through the filter. This may be done by a gravity waste line directly from the pool or by pumping and by-passing the filter. All Type "D" pools must have a single timer set for a maximum of 15 minutes which must turn on and off the hydro pump and blower if provided. This timer switch must be inaccessible to persons while in the spa. An emergency cut-off switch must be provided in the pool area which, when triggered, will simultaneously shut off the spa booster and recirculation pumps. This switch must be clearly visible, labeled, easily accessible at all times, and no greater than a twenty five (25) foot distance from the entrance steps of the spa. The top front edge of seats must be marked with a black or dark colored stripe in accordance with Section D, Paragraph 2(h). No sliding boards are allowed in Type "D" pools.

3. Recirculation System.

(a) A recirculation system consisting of pumps, motors, piping, filters, inlets, outlets, disinfecting and other water conditioning equipment and necessary accessories must be provided for water purification in accordance with water quality criteria contained herein and must be designed to completely turnover the entire pool volume per the following schedule based upon pool volume:

(i) Up to one thousand and five hundred (1,500) gallons: one-half (1/2) hour.

(ii) One thousand and five hundred (1,500) gallons up to four thousand (4,000) gallons: one (1) hour.

(iii) Four thousand (4,000) gallons up to eight thousand (8,000) gallons: two (2) hours.

(iv) Eight thousand (8,000) gallons up to sixteen thousand (16,000) gallons: four (4) hours.

(v) Over sixteen thousand (16,000) gallons: six (6) hours.

(b) The recirculation system shall be designed to operate on a twenty-four (24) hour basis. The normal pattern of recirculation developed must be fifty (50) percent flow through the overflow or skimming facilities and fifty (50) percent through the main drains. The recirculation system must be designed with adequate capacity such that one hundred (100) percent of the recirculation flow can pass through the overflow or skimming facilities and one hundred (100) percent through the main drain.

4. Pool Deck. The pool deck must be constructed in accordance with Section C, Paragraph 6.

5. Pool Temperatures. For heated pools a thermostat control must be provided with an automatic cut-off for an upper limit of 104 degrees Fahrenheit and above.

6. Automatic Controllers. All new Type "D" pools shall be equipped with automatic controls to provide adequate feed rate of halogen and pH adjustment chemicals in order to keep the disinfectant and pH at the required levels on a continuous demand basis. A warning light or indicator shall be provided in a visible location for supervisory control. The device shall indicate absence of chemicals in feeders, improper adjustment of chemical dosage, or any other mechanical or operational malfunctions, e.g. recirculation flow stops.

G. DESIGN OF TYPE "E" POOLS

1. Applicability. Requirements of this section are applicable to all new construction and alterations of existing public swimming pools.

2. Type "E" Pools. In addition to all other applicable requirements of these regulations found in Section C, Type "E" pools must also have a recirculation system for filtering and disinfecting the water used, except as may be justified to and found acceptable by the Department.

3. Waterslides and Flumes.

(a) The slopes and radii of each flume and flume section must be acceptable to the Department. Each flume must be properly banked when used in any curved section; regardless of degree of curvature. Each flume must be designed to enter the landing pool in a safe manner. The landing pool must be of dimensions suitable to prevent accidental collision between users and/or walls. It may be necessary to obtain a certified inspection permit from the South Carolina Department of Labor if the law so provides for same.

(b) All sections of a flume must be properly formed and sealed together so as to prevent possible abrasions or injuries, i.e., no protrusions or gaps between sections. All protruding edges need to be deburred and polished so that there will be no cutting, pinching, puncture, or abrasion hazards. The permit for this type of facility will be invalidated, unless a good safety record is maintained.

(c) Details on submission of plans for waterslides must include:

(i) Detailed layout of the flumes indicating elevations, slopes, lengths of sections, and radius of each curve in the flumes.

(ii) Detailed cross sectional views of the flume on a straight away and going into all curves. The average water depth must be indicated.

(iii) Structural details of starting pools, flumes, landing pools, and if applicable, surge pools.

(iv) Total water volume for the whole waterslide facility.

(v) Top and profile views of the starting pool.

(vi) Top and profile views of the surge pool if applicable.

(vii) Top and profile views of the landing pool to include all equipment and applicable equipment spacing with all dimensions given or drawn to scale.

(d) Flume Design Criteria:

(i) The overall average slope of a flume shall conform to the design criteria of the recommendations of the World Water Park Association.

(ii) The slope of each flume section shall conform to the design criteria of the recommendations of the World Water Park Association.

(iii) Each flume shall be properly banked when used in any curved section; regardless of the degree of curvature. This is to properly ensure that the slider's body will remain within the flume.

(iv) Test runs down each channel shall be conducted to ensure its safety prior to formally opening the facility.

(v) A detailed engineering analysis of the flume structure must be submitted by the engineer assuming responsibility for the facility to ensure the strength and integrity of the material and structure under all circumstances.

(vi) Distance between the side of a flume exit and a landing pool wall shall be a minimum of five (5) feet.

(vii) Distances between sides of adjacent flume terminuses shall be a minimum of six (6) feet.

(viii) The distance between a flume exit and the opposite side of the landing pool or other obstruction(s) shall be a minimum of twenty (20) feet.

(ix) Flumes shall terminate a maximum of two (2) inches above the water surface and the flume must be level for a minimum distance of ten (10) feet from the flume's end. Flumes cannot terminate at an angle.

(x) Safe entry into the landing pool shall be provided through a deceleration distance of at least twenty (20) feet.

(e) In addition to requirements for public swimming pools the following must also be met:

(i) A one hour filter turnover time is required.

(ii) Where night use is allowed, area lighting of at least two (2) watts per square foot of deck area shall be provided at the landing pool, along the slide, and at the starting pool.

(iii) Adequate supervision of all slide flumes entry and exit points must be provided.

(f) All items not covered above with regard to Type "E" Pools shall use the current edition of the World Waterpark Association "Consideration For Operating Safety" as guidelines.

4. Lazy Rivers. Lazy rivers with volumes of 60,000 gallons or greater shall have a minimum turnover time of six (6) hours. Those with volumes less than 60,000 gallons shall have a minimum turnover time of four (4) hours.

5. Wave Pool, Activity Pools and Kiddie Play Parks. Wave and activity pools with volumes of 60,000 gallons or greater shall have a minimum turnover time of six (6) hours. Those with volumes less than 60,000 gallons shall have a minimum turnover time of four (4) hours. Kiddie Play Parks shall have a minimum turnover time of one (1) hour.

6. Recirculation System. A recirculation system consisting of pumps, motors, piping, filters, inlets, outlets, disinfecting and other water conditioning equipment and necessary accessories must be provided for water purification in accordance with water quality criteria contained herein and must be designed to completely turnover at the rate required in Paragraphs 4 and 5 above. The recirculation system shall be designed to operate on a twenty-four (24) hour basis. The normal pattern of recirculation developed must be fifty (50) percent flow through the overflow or skimming facilities and fifty (50) percent through the main drains. The recirculation system must be designed with adequate capacity such that one hundred (100) percent of the recirculation flow can pass through the overflow or skimming facilities and 100 percent through the main drain. Waterparks may have several pools on one (1) main recirculation system provided it is proven to the Department that each pool meets the required turnover rate and the Department finds the overall design acceptable.

7. Automatic Controllers. All new Type "E" pools with water volumes of 1,500 gallons or less, shall be equipped with automatic controls to provide adequate feed rate of halogen and pH adjustment chemicals in order to keep the disinfectant and pH at the required levels on a continuous demand basis. A warning light or indicator shall be provided in a visible location for supervisory control. The device shall indicate absence of chemicals in feeders, improper adjustment of chemical dosage, or any other mechanical or operational malfunctions, e.g. recirculation flow stops.

8. Pool Deck. The pool deck must be constructed in accordance with Section C, Paragraph 6.

H. DESIGN OF TYPE "F" POOLS

1. Applicability. Requirements of this section are applicable to all new construction and alterations of existing public swimming pools.

2. Section C Applicable. In addition to meeting all other applicable requirements of these regulations as found in Section C, Type "F" pools must also meet the following requirements of this section.

3. Recirculation System.

(a) A recirculation system consisting of pumps, motors, piping, filters, inlets, outlets, disinfecting and other water conditioning equipment and necessary accessories must be provided for water purification in accordance with water quality criteria contained herein and must be designed to completely turnover the entire pool volume in six (6) hours.

(b) The recirculation system shall be designed to operate on a twenty-four (24) hour basis. The normal pattern of recirculation developed must be fifty (50) percent flow through the overflow or skimming facilities and fifty (50) percent through the main drains. The recirculation system must be designed with adequate capacity such that one hundred (100) percent of the recirculation flow can pass through the overflow or skimming facilities and one hundred (100) percent through the main drain.

4. Automatic Controllers. All new Type "F" pools with water volumes of 1,500 gallons or less, must be equipped with automatic controls to provide adequate feed rate of halogen and pH adjustment chemicals in order to keep the disinfectant and pH at the required levels on a continuous demand basis. A warning light or indicator shall be provided in a visible location for supervisory control. The device shall indicate absence of chemicals in feeders, improper adjustment of chemical dosage, or any other mechanical or operational malfunctions, e.g. recirculation flow stops.

5. Pool Deck. The pool deck must be constructed in accordance with Section C, Paragraph 6.

I. EQUIPMENT CHANGES AND ALTERATIONS

1. Applicability. All public swimming pools, no matter when constructed, must comply with the requirements of this section. A change order is required for any interior pool coating, equipment or structural modification which is not an identical replacement for the originally approved design. All change order requests must be approved by the Department in writing prior to commencement of work. The request must be made using the Swimming Pool Change Order Request Form.

2. Structural Changes. In addition to a change order request, plans and specifications detailing any proposed alteration or modification requiring structural changes that affect the shape or structural components of a public swimming pool must be submitted following the requirements of Section B of these requirements, including submission of the appropriate fee.

3. Equipment Changes. Written notification detailing any proposed equipment changes which do not conform to original approved specifications must be submitted to the Department in writing on an approved change order request form. The request must be approved by the Department before any equipment can be installed on any public swimming pool. Equipment must comply with the requirements of Section C of these regulations.

4. Pump and Filter Changes. If proposed equipment changes involve the pump and filter, reasonable effort must be made to comply with the turnover rates specified in these regulations. Equipment room piping must be upgraded where necessary to meet these regulations when replacing both the pump and filter.

5. Deck Changes. A change order request must be submitted detailing the proposed work. If replacing existing decking, painting or resurfacing, the new decking must comply with applicable portions of Section C, Paragraphs 6 and 7. Temporary pool enclosures may be installed with prior Department approval provided that they do not hinder or limit access by emergency personnel and minimum deck widths are maintained. Adequate lighting must be provided if the facility will be used for night swimming.

6. Pool Resurfacing and Painting. A change order request must be submitted stating the type of material and color to be used. The Department may request manufacturer's literature and specifications for new or non-conventional products. The work must meet the applicable portions of Sections C, D, E, F, G, and H.

7. Piping Changes. A change order is required for piping changes beyond routine repair. In addition to a change order request, plans and specifications detailing any proposed alteration requiring piping changes that affect the location or pipe size of the overall recirculation system or a major fraction of the system of a public swimming pool must be submitted following the requirements of Section B of this regulation, including submission of the appropriate fee. When replacing pipe, a reasonable effort must be made to comply with applicable portions of Section C, Paragraph 24.

8. New Construction. Changes to new construction prior to completion must be approved by change order prior to any inspection. As-built drawings meeting the requirements of Section B must be approved by the Department prior to the final inspection.

9. Slides. The addition of slides to a previously approved pool will be permitted by:

(a) General change order when the slide is considered portable and intended only for children.

(b) Revised plans and specifications requiring a complete submittal in accordance with Section B when the installation will be permanent or have significant structural components.

10. Other Changes. All other changes from the originally permitted plans, specifications, or previously approved change orders must comply with these regulations where applicable.

J. OPERATION AND MAINTENANCE FOR ALL TYPE POOLS

1. Applicability. All public swimming pools, no matter when constructed, must comply with requirements of this section. All pools and pool equipment must be operated and maintained in accordance with the permitted plans and specifications or approved change order.

2. Operating Permits. No pool may operate without a valid operating permit. Operating permits are valid for a period of one (1) year beginning on April 1, and ending on March 31 of any calendar year. Operating permit fees are due by February 15 of each calendar year and are considered delinquent if not received by March 15th of each calendar year. The current operating permit must be prominently displayed at the pool on or near the pool rules sign.

3. Address and Ownership Changes. It shall be the owner's responsibility to notify the Department in writing of any address or ownership changes.

4. Housekeeping.

(a) The bathhouse and minimum toilet facilities must be kept clean with the floors and walls cleaned as often as necessary to maintain good sanitary conditions and kept as dry as possible. Showers must be scrubbed at least daily and proper disinfectant applied to the floors. All plumbing fixtures must be kept in good operating condition. Toilet paper and soap must be available in the dispensers at all times the pool is open. If public towels are provided, these towels must be laundered after each use. The pool, including walkways, diving boards, ladders, etc., must be kept clean. The surrounding grounds must be kept free of trash and litter. All pools must have a trash receptacle at the pool site.

(b) No glass of any kind or any other material that may be a hazard to bathers' feet or bodies will be allowed in the pool area. No furniture constructed with glass components may be located within the pool area.

5. Water Supply. All water used in public swimming pools, drinking fountains, bathhouse, or minimum toilet facilities, must be from a Public Drinking Water System which has been approved by the Department.

6. Drinking Water Fountain. Drinking water fountains, where installed, must be properly maintained. All electric drinking fountains must be equipped with ground fault interrupters.

7. Sanitary Sewage. The disposition of sanitary sewage from the bathhouse or minimum toilet facilities must be into a sanitary sewer, a septic tank, or other waste treatment facility which has been approved by the Department.

8. Equipment Enclosure. An enclosure must be provided to prevent unauthorized access to pool operating equipment. The structure shall protect the equipment from vandalism. This enclosure must be of adequate height and size to enable required equipment maintenance and designed to drain away excess water. It must be adequately illuminated and ventilated. The equipment enclosure room is to be used specifically to house equipment for the pool's recirculation, filtration, and disinfection.

9. Recirculation System. The recirculation system must be operated on a twenty-four (24) hour basis during the swimming season unless it can be demonstrated by the owner or designated agent that water quality can be maintained with fewer hours of operation. The recirculation system must be operated during posted pool hours.

10. Accidents. Any death, injury, or accident requiring an EMS response, an emergency room visit, or hospitalization must be reported to the Department by the owner ordesignated agent in writing on a Department approved form within seventy-two (72) hours of the occurrence.

11. Safety Precautions.

(a) One or more lifeguards shall be on duty for each two-thousand (2,000) square feet of pool area or major fraction thereof during operation hours at Type "A" and "E" pools. Lifeguards must have their current certifications available for inspection while on duty. Lifeguards, when on duty, shall have no other duty but to supervise the swimmers. Any Type "B" facility choosing to use lifeguards must comply with all of the requirements listed in R.61-51.J(11)(a).

(b) Type "A" and "E" pools must be locked when not under lifeguard supervision. All pools must be locked when not open for patrons.

(c) Each Type "E" facility must provide attendants during operation of the facility to control the spacing and number of patrons utilizing each ride and to ensure and maintain the safe egress of all sliders out of the landing pool.

(d) At least one unit of life saving equipment must be inside the fence and be within two hundred (200) feet walking distance from any point on the pool perimeter and must be readily accessible and functional during posted pool hours. Life saving equipment is not required for Type "C" and "D" pools. Shepard's crook and life ring are not required for Type "A" and "E" pools if rescue tubes are provided.

(e) For all Type "A" and "E" pools one unit of emergency equipment must be readily accessible and functional during posted pool operating hours.

(f) All pools must have a first aid kit. This kit must be readily accessible during posted pool hours.

(g) A toll free telephone or other emergency notification device, other than a cellular or cordless telephone, unless approved in writing by the Department, to notify emergency personnel must be available in the pool area (within two hundred (200) feet walking distance of the pool entrance). The location of the toll free telephone or emergency notification device must be specified on the pool rules sign.

(h) Signs in accordance with R.61-51.C.28 must be posted in a conspicuous place in the pool area for all pools. A single sign, if used for multiple pools must be clearly visible from each body of water.

(i) All diving boards and handrails must be maintained in a safe condition. Handrails and ladders must be rigidly secured while the pool is in operation and must comply with R.61-51.C.35.

(j) The lifeline must be maintained in good condition and kept in place except when lap swimming or routine maintenance is conducted. The lifeline must conform to the requirements listed in R.61-51.D.2.(b).

(k) All removable diving stands must be removed when not in use.

(l) Any automatic vacuum systems must be removed from the pool during the hours the pool is open to the general public. In-floor cleaning systems must not be in operation during hours that the pool is open.

12. Swimming Limit. The swimming limits are determined in accordance with R.61-51.C.34 and must be posted on the pool rules sign.

13. Water Clarity. The water must be sufficiently clear to plainly view the main drains from the deck of the pool at all times when the pool is open. The viewer must be able to clearly distinguish the type, shape, and number of gratings (openings) of the main drains when standing at the edge of the pool deck nearest that main drain.

14. Water Quality

(a) A pool water quality test kit must be available at the facility during posted operating hours. This kit's condition must allow for accurate readings of free chlorine, bromine, pH, and cyanuric acid, if used.

(i) The DPD method or methodology approved either by the USEPA or the current edition of Standard Methods must be used to obtain free chlorine/bromine levels.

(ii) Samples for water quality testing shall be obtained at poolside.

(b) The following levels must be maintained for all pools:

-------------------------------------------------------------------------------

Chlorine 1 to 8 parts per million (ppm)

free chlorine

-------------------------------------------------------------------------------

Bromine 2.3 to 17.6 parts per million

(ppm)

-------------------------------------------------------------------------------

pH 7.0 to 7.8 standard units

-------------------------------------------------------------------------------

(c) All outdoor pools using chlorine may be stabilized with cyanuric acid. When used, the cyanuric acid level must not exceed two hundred (200) parts per million for calendar year 2009, one hundred fifty (150) parts per million for 2010, and one hundred (100) parts per million beginning in 2011. Indoor pools need not be stabilized.

(d) There will be no hand feeding of chemicals while the pool is open for swimming. The pool shall remain closed until chemical levels are within Department approved limits.

(e) In all cases of biological or chemical contamination of the pool water, the pool shall be immediately closed and the facility operator shall follow all current Department guidance in addressing the contamination before reopening of the pool. Biological contamination such as fecal, blood, or other body fluids shall be treated using guidance published by the Centers for Disease Control (CDC) on their healthy swimming web site. Procedures other than those provided by the Department may be approved on a case-by-case basis.

15. Automatic Controllers. Where automatic controllers are installed, the equipment shall be maintained in proper operating condition at all times. This maintenance shall include all of the manufacturers periodic service and calibration schedules for the controller and associated monitoring equipment.

16. Pool Temperatures

(a) Pool, spa, lazy river, or other pool type temperatures shall not exceed 104 degrees Fahrenheit.

(b) The temperature of each heated Type "D" pool must be monitored and posted by one of the following ways:

(i) Every two hours and posted on the spa caution sign.

(ii) Continuously with automated equipment and the temperature displayed within sight of the spa.

(iii) A shatter-resistant thermometer placed in the spa so that spa users can read it.

17. Operation Reports.

(a) Daily operation reports shall be maintained at every public pool. These shall include, as a minimum, readings of chlorine/bromine and pH. Chlorine/bromine and pH shall be checked daily or more frequently during operating hours to ensure the facility maintains required water quality standards for chlorine/bromine and pH. Cyanuric acid levels, if applicable, must be checked and recorded weekly.

(b) Results must be annotated on a bound log, with consecutively numbered pages, that is acceptable to the Department. The date, time and actual numerical reading must be listed on the report. Instrument monitoring shall not be used in lieu of physical water sampling at poolside. The report must be initialed at each reading and signed by the pool operator or his/her designated agent.

(c) Reports must be available for Department staff at time of inspection. In addition, reports shall be maintained and available at the facility for the previous eighteen (18) months.

18. Pool Operator

(a) All public swimming pools shall be operated under the direction of a qualified swimming pool operator who holds a valid South Carolina Pool Operator's certification issued by a party approved by the Department. Specific criteria shall be established by the Department for this approval process.

(b) The pool operator of record must inspect each public swimming pool a minimum of three (3) times per week during operation. Results of this inspection shall be annotated in the facility's bound log book and initialed by the pool operator.

19. Depth Markers. All pools must comply with the depth marker requirements listed in R.61-58.C(7) when a Change Order Request Form has been approved by the Department for recoating or resurfacing of the interior of the pool or for resurfacing of the deck.

20. Bacteriological Quality. The Department may take samples as necessary for bacterial analysis for each pool. The Department may also require that the owner sample the pool water for fecal coliform and have it analyzed by a certified laboratory. Any such sample shall be analyzed for fecal coliform bacteria in accordance with approved drinking water standard methods. The presence of any fecal coliform bacteria will indicate unsatisfactory water quality and will result in facility closure until satisfactory results are obtained.

21. Inspection of Facilities and Sampling of Pool Water.

(a) All public pools must be accessible for inspection by authorized representatives of the Department during the posted pool operating hours unless a sign is posted indicating that the pool is closed. Equipment rooms and associated chemical storage areas must also be accessible during pool inspection.

(b) It is the owner's or designated agent's responsibility to correct those items not in compliance with these regulations.

22. Facility Closure. If the public swimming pool is closed for six (6) months or longer, the facility shall be appropriately covered with a commercially manufactured pool cover or drained of stagnant water, cleaned, and secured with a fence to prevent access. If drained, care should be taken to ensure that the facility is not damaged by subsurface hydro-static pressure. If a public swimming pool is to be permanently closed, for a period in excess of twenty-four (24) consecutive months, the pool shall be filled in or removed and the water and drainage connections removed. Once a pool is filled in, there should be no subsequent settling that causes water to pond. Facility closures require written notification to the Department.

23. Operating Permit Fees. The Department shall collect annual operating permit fees and late fees as specified in R. 61-30, Environmental Protection Fees.

24. Operation and Maintenance Variance. When a pool owner or designated agent desires to operate a public swimming pool under a standard other than specified in these regulations a variance may be requested from the Department. Such a request must be submitted in writing and shall include a description of the standard proposed, identify the standard required by the regulation and include proof of equivalency. This request for a variance may be considered by the Department for approval. The Department's decision on such a variance will be final and will be made in writing.

K. POOL CLOSURES AND ENFORCEMENT

1. Closure of Public Swimming Pools.

(a) Public Swimming Pools are to be closed immediately by the owner or his/her designated agent under the following conditions:

(i) When a public pool has not been issued or fails to display a valid annual operating permit from the Department.

(ii) When the required number of lifeguards are not on duty at Type "A" and Type "E" pools or Type "B" pools choosing to use certified lifeguards in lieu of the required "No Lifeguard on Duty" signs.

(iii) When any pool is cloudy such that the main drains are not visible and/or the number of openings in the main drain cannot be counted.

(iv) When any item of life saving equipment is missing, defective or not readily accessible in the pool area.

(v) When the telephone/emergency notification device is missing, defective, or not accessible.

(vi) When an imminent safety hazard exists that poses a threat of injury or illness to bathers.

(vii) When the free residual chlorine or equivalent halogen reading is less than 1.0 parts per million (ppm) or greater than 8.0 parts per million (ppm).

(viii) When the pH is less than 7.0 or greater than 7.8.

(ix) When the disinfection, recirculation, automated control system used to adjust water chemistry, or filtration system is not fully operational.

(x) When the pool log is not available or not properly maintained.

(xi) When fecal coliform is present in the pool water.

(xii) When the temperature of any type pool exceeds 104 degrees Fahrenheit.

(xiii) When "Pool Rules", "No Diving", spa "Caution", "No Lifeguard on Duty", or "Pool Operator" signs are not posted in accordance with R.61-51.C.28(a) through (f).

(xiv) When time limits specified by the Department have been exceeded for the correction, repair, or replacement of defective, missing, or unauthorized equipment.

(xv) When the facility fails to retain or produce proof of the services of a properly credentialed pool operator.

(xvi) When the existing pool perimeter fencing and/or entrance gate or door do not meet the requirements of R.61-51.C(8).

(b) Where the owner or designated agent fails to close, or is not available to close the swimming pool under any of the above circumstances, the Department shall close the swimming pool and post "No Swimming" signs.

(c) In every case of pool closure, one or more "No Swimming" signs shall be posted conspicuously around or inside the affected pool enclosure. The owner or designated agent shall require all swimmers to leave the pool water. When closed by the owner at Department request, the swimming pool may be reopened after the noted deficiencies have been corrected, unless Department reinspection is required. When the owner fails to comply with the Department's request for closure, the Department will post "No Swimming" signs and the facility may not reopen until a satisfactory Department reinspection occurs.

(d) Following the third pool closure within a twelve (12) month period, the owner and designated agent may be notified and offered a technical assistance visit by Department staff.

2. Automatic Controllers. Automatic chemical feeders may be required for installation on those swimming pools with a record of improper water chemistry.

3. Penalties and Enforcement. Penalties may be imposed and enforcement procedures shall be carried out by the Department in accordance with 1976 S.C. Code Ann. Sections 44-55-2370 and 44-55-2380.

L. PRIOR REGULATIONS

All Rules and Regulations on swimming pools previously adopted by the Department are hereby revoked.

APPEALS.1. A Department decision involving issuance, denial, renewal, modification, suspension, or revocation of a permit may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 1, Chapter 23 and Title 44, Chapter 1.

2. Any person to whom an order, related to a permit, is issued may appeal it pursuant to applicable law, including S.C. Code Title 1, Chapter 23 and Title 44, Chapter 1.

HISTORY: Amended by State Register Volume 16, Issue No. 6, eff June 26, 1992; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 26, Issue No. 5, Part 1, eff May 24, 2002; State Register Volume 31, Issue No. 5, eff May 25, 2007; State Register Volume 33, Issue No. 6, eff June 26, 2009.

61-52. Psittacine Birds.

1. The term "psittacine birds" shall include all birds commonly known as parrots, Amazons, Mexican double heads, African grays, cockatoos, macaws, parakeets, love birds, lories, lorikeets and all other birds of the psittacine family.

2. No permit will be required to ship psittacine birds into or out of South Carolina.

3. No person, firm, or corporation that handles, purchases, sells, exchanges, or otherwise deals in psittacine birds may purchase, sell, trade, or otherwise exchange any birds of the psittacine family that are sick or from any aviary or premise known to be or declared to be infected with psittacosis.

4. The State Health Officer may deny entry of psittacine birds into South Carolina from any aviary or area under quarantine for psittacosis or from any area declared to be an area of infection by the Surgeon General of the U. S. Public Health Service or any State Board or Department of Health.

5. Every person, firm, or corporation that purchases, breeds, sells, trades, exchanges, or otherwise deals in psittacine birds is required to keep a record of each transaction of purchase, sale, trade or exchange showing the date of such transaction, the number and kind of birds in the transaction and the name and address of the person, firm, or corporation from which purchased or to whom sold, traded or exchanged for a period of two years.

6. All records of sales, purchases, trades or exchanges shall be available for inspection on demand by any official of the State Board of Health.

7. The State Health Officer is hereby authorized to quarantine any aviary, premise, or area in the State found to be or suspected of being infected with psittacosis.

8. It shall be the duty of every person having the custody of any psittacine bird to report to the local health authority any unusual illness or death among such birds.

61-54. Wholesale Commercial Ice Manufacturing.

TABLE OF CONTENTS

Section I. PURPOSE

Section II. SCOPE

Section III. DEFINITIONS

Section IV. PERSONNEL

A. DISEASE CONTROL

B. CLEANLINESS

C. EDUCATION AND TRAINING

D. SUPERVISION

Section V. GROUNDS, BUILDINGS AND FACILITIES

A. GROUNDS

B. BUILDING CONSTRUCTION AND DESIGN

C. WATER SUPPLY

D. DISPOSAL OF WASTES

E. PLUMBING

F. TOILET FACILITIES

G. DRESSING ROOMS AND LOCKER AREAS

H. HAND-WASHING FACILITIES

I. SANITARY OPERATIONS

Section VI. EQUIPMENT AND UTENSILS

Section VII. PRODUCTION AND PROCESS CONTROLS

A. PROCESS CONTROLS

B. CLEANING AND SANITIZING OF EQUIPMENT AND UTENSILS

Section VIII. WAREHOUSING AND DISTRIBUTION

Section IX. LABELING

Section X. EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR CONTAMINATED RAW MATERIALS OR FINISHED PRODUCT

Section XI. ICE VENDING MACHINES

Section XII. ENFORCEMENT PROCEDURES

A. PERMITS

B. SUBMISSION OF PLANS

C. INSPECTIONS

D. ACCESS

E. REPORT OF INSPECTIONS

F. RECIPROCITY

G. RECALL

H. SUSPENSION OF PERMIT

I. REVOCATION OF PERMIT

J. SERVICE OF NOTICES

K. CONTESTED DECISIONS

L. ENFORCEMENT PROVISIONS

Section I. PURPOSE

This regulation sets forth minimum health standards, procedures, and practices to ensure that wholesale ice is manufactured in South Carolina in a safe and wholesome manner.

Section II. SCOPE

This regulation shall apply to all persons in South Carolina who manufacture or package ice that will be sold on a wholesale basis for human consumption in South Carolina.

Section III. DEFINITIONS

ADEQUATE - shall mean substantial compliance with acceptable health standards, procedures and practices.

ADULTERATED or ADULTERATION - the presence or addition of any harmful or unwholesome substance, article, object, or other ingredients which may dilute or lower the quality of the food product involved or any substance which is prohibited by law or regulation in food product.

APPROVED - acceptable to the Department based on a determination as to conformance with applicable standards and good public health practice.

CORING - shall mean the process of pumping or removing a small amount of water that accumulates in the center of a block of ice in the freezing process. This water is mineral-laden and is removed to produce a pure, mineral-free block of ice.

DEPARTMENT - the South Carolina Department of Health and Environmental Control acting through its authorized representatives.

EASILY CLEANABLE - surfaces that are readily accessible and made of such materials and finishes and fabricated in such a way that residue may be effectively removed by normal cleaning methods.

EMPLOYEE - shall mean any person working in an ice plant, or ice production area in any commercial establishment, who transports ice or ice containers, who engages in ice manufacture, processing, packaging, storage, or distribution, or who comes into contact with any ice equipment.

EQUIPMENT - all grinders, crushers, chippers, ice makers, shavers, scorers, saws, cubers, can fillers, drop tubes, needles, core sucking devices, conveyors, rake bins, augers, baggers, and similar items used in ice plants.

FOOD-CONTACT SURFACE - the surface of any object coming into direct contact with ingredients and finished products during storage and manufacture. This shall include any surface upon which the product routinely may drip, drain, or be drawn into, as part of normal processing.

ICE - shall mean the product, in any form, obtained as a result of freezing water by mechanical or artificial means.

ICE PLANT - any commercial establishment, together with the necessary appurtenances, in which ice is manufactured or processed, packaged, distributed, or offered for sale for human consumption on a wholesale basis.

ICE VENDING MACHINES - any self-service machines that act as stand-alone units, and may operate without full time service personnel. These units are activated by the insertion of money; the ice is bagged automatically or dispensed in bulk outside to the customer.

PACKAGED ICE - ice products packaged by approved manufacturers and sold through retail outlets.

PERSON - any individual, plant operator, partnership, company, corporation, trustee, association, or a public or private entity.

PEST - any animals or insects including, but not limited to, birds, rodents, flies and larvae.

PROCESSING - the grinding, crushing, flaking, cubing, or any other operation which changes the physical characteristics of ice or packaged ice for human consumption.

PRODUCT AREA - the production area and all other areas where the product, ingredients, or packaging materials are handled or stored, and shall include any area related to the manufacturing, packing, handling, and storage of ice intended for sale for human consumption.

RETAIL ICE MERCHANTS - merchants (i.e. convenience stores, grocery stores) who produce ice products and sell directly to their customers; these are regulated under DHEC Regulation 61-25, Retail Food Establishments.

SANITIZE - means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

SHALL - the item or condition discussed is mandatory.

SHOULD or MAY - the item or condition discussed is preferred, but not mandatory.

SINGLE-SERVICE ITEMS - those items, such as packaging materials, which are intended by the manufacturer and generally recognized by the public as being for one usage only, then to be discarded.

UNPACKAGED ICE - ice products from approved manufacturers that are not packaged or put into packets (usually produced in block form).

UTENSILS - any multi-use cans, buckets, tubs, pails, covers, containers, tongs, picks, shovels, scoops, and similar items used in the manufacture, handling, and transport of ice.

UNDESIRABLE MICROORGANISMS - those microorganisms which are considered to be of public health significance, which subject food to decomposition, which indicate that food is contaminated with filth, or which otherwise may cause food to be adulterated.

WHOLESALE ICE - ice products manufactured in large quantities to be sold on the wholesale market.

Section IV. PERSONNEL

A. DISEASE CONTROL

Any person who by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which may contribute to the reasonable possibility of food, food-contact surfaces, or food-packaging materials becoming contaminated, shall be excluded from any operations expected to result in such contamination, until the condition is corrected. All personnel shall be instructed to report such health conditions to their supervisors.

B. CLEANLINESS

All persons working in direct contact with food, food-contact surfaces, and food-packaging materials shall conform to hygienic practices while on duty to the extent necessary to protect against contamination of food. Methods for maintaining cleanliness to prevent food contamination include, but are not limited to:

1. Wearing outer garments suitable for the operation in a manner that protects against the contamination of food, food-contact surfaces, or food-packaging materials.

2. Maintaining adequate personal cleanliness.

3. Washing hands thoroughly (and sanitizing, if necessary, to protect against contamination with undesirable microorganisms) in an adequate hand-washing facility before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated. Signs shall be posted reminding employees to wash their hands before returning to work.

4. Removing all insecure jewelry or other objects which might fall into food, equipment, or containers, and removing hand jewelry that cannot be adequately sanitized during periods in which food is manipulated by hand. If such hand jewelry cannot be removed, it should be covered by material that can be maintained in an intact, clean, and sanitary condition and which effectively protects against the contamination by these objects of the food, food-contact surfaces, or food-packaging materials.

5. Maintaining gloves used in food handling in an intact, clean, and sanitary condition. These gloves should be of an impermeable material.

6. Where appropriate, wearing in an effective manner, hairnets, headbands, caps, beard covers, or other effective hair restraints.

7. Storing clothing or other personal belongings in areas other than where food is exposed or where equipment or utensils are washed.

8. Confining the following to areas other than where food may be exposed or where equipment or utensils are washed: eating food, chewing gum, drinking beverages, or using tobacco.

9. Taking any other necessary precautions to protect against contamination of food, food-contact surfaces, or food-packaging materials with microorganisms or foreign substances including, but not limited to, perspiration, hair, cosmetics, tobacco, chemicals, and medicines applied to the skin.

C. EDUCATION AND TRAINING

Personnel responsible for identifying sanitation failures or food contamination should have a background in education or experience, or a combination thereof, to provide a level of competency necessary for production of clean and safe food. Food handlers and supervisors should receive appropriate training in proper food-handling techniques and food protection principles, and should be informed of the danger of poor personal hygiene and unsanitary practices.

D. SUPERVISION

Responsibility for ensuring compliance by all personnel with all requirements of this section shall be clearly assigned to competent supervisory personnel.

Section V. GROUNDS, BUILDINGS AND FACILITIES

A. GROUNDS

The grounds around an ice plant under the control of the operator shall be kept in such condition to protect against the contamination of its products. The methods for adequate maintenance of grounds include, but are not limited to:

1. Properly storing equipment, removing litter and waste, and cutting weeds or grass in the immediate vicinity of plant buildings or structures that may constitute an attractant, breeding place, or harborage for pests.

2. Maintaining roads, yards, and parking lots so that they do not constitute a source of contamination in areas where food is exposed.

3. Adequately draining areas that may contribute to the contamination of food by seepage, foot-borne filth, or providing a breeding place for pests.

4. Operating waste treatment and disposal systems in an adequate manner so that they do not constitute a source of contamination in areas where food is exposed.

B. BUILDING CONSTRUCTION AND DESIGN

Ice plant buildings and structures shall be suitable in size, construction, and design to facilitate maintenance and sanitary operations for food-manufacturing purposes and to prevent drip and condensation from fixtures, ducts and pipes from contaminating foods, food-contact surfaces or food containers. Sufficient space shall be provided for the placement of equipment and storage of materials as deemed necessary for the proper maintenance of sanitary operations and production of safe food. Ice plants shall meet, but not be limited to, the following:

1. Required Rooms

Ice for human consumption shall be processed and packaged only in rooms used solely for those operations. Ice for human consumption shall not be processed or packaged on open platforms or on trucks or delivery vehicles, or in any manner which would permit contamination from overhead drip, condensation, dirt or other contaminants.

2. Floors

(a) The floors of ice manufacturing rooms shall be constructed of concrete or equally impervious, easily cleanable material, and shall be kept clean, in good repair, and properly sloped to trapped drains to prevent pools of standing water after flushing.

(b) The floors of ice storage, packaging and accessory rooms shall be easily cleanable, and be kept clean and in good repair at all times.

3. Walls and Ceilings

The walls and ceilings in ice manufacturing, packaging, storage and accessory rooms shall be smooth, washable and kept clean and in good repair at all times.

4. Lighting

(a) Adequate lighting shall be provided in all areas of the plant. A minimum of 20 foot-candles of light should be provided in all working areas, and a minimum of 10 foot-candles in all storage areas.

(b) Adequate protection from glass breakage and falling debris shall be provided for all light bulbs and fixtures located over exposed food or unsealed packages in any step of preparation.

5. Ventilation

(a) Adequate ventilation or control equipment shall be provided to minimize odors, vapors and moisture from accumulating in areas where ice for human consumption is manufactured.

(b) Pressurized ventilating systems shall have a filtered air intake.

(c) Fans and other air-moving equipment shall be located and operated in a manner minimizing the potential for contaminating food and unsealed packages.

6. Doors and Windows

(a) All openings into ice manufacturing rooms shall be adequately protected against the entrance of dust and insects by tight-fitting, self-closing doors, closed windows, screening, air curtains, vinyl or rubber strip curtains, or by other means approved by the Department.

(b) Screens for windows, doors, skylights, transoms, intake and exhaust air ducts, and other openings into ice manufacturing rooms shall be tight-fitting and free of breaks. Screening materials shall not be less than sixteen mesh to the inch.

C. WATER SUPPLY

Each ice plant shall be equipped with adequate facilities and accommodations including, but not limited to, the following:

1. The water supply shall be from a public water system approved by the Department.

2. The design, operation and maintenance of water purification systems used to further treat potable water shall be approved by the Department. They shall not be operated beyond their rated capacity and shall be maintained in a clean, sanitary condition at all times. If water is treated at the ice plant, the use of chemicals and additives shall be in accordance with regulations promulgated under the Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act.

3. Potable running water at a suitable temperature, and under pressure as needed, shall be provided in all areas where required for the ice manufacturing, for the cleaning of equipment, utensils, and containers, and for employee sanitary facilities.

4. All water storage and cooling tanks shall be of noncorrosive material, properly covered, air vents properly filtered, clean, free from dust both inside and outside, and the inlet and outlet so arranged as to prevent contamination during filling and emptying.

D. DISPOSAL OF WASTES

1. All liquid wastes shall be disposed of by connection to a public sewer or as approved by the Department.

2. Rubbish, refuse, and garbage shall be so handled, stored and disposed of as to minimize the development of odor, prevent waste from becoming an attractant and harborage or breeding place for vermin, and prevent contamination of food, food-contact surfaces, ground surfaces and water supplies.

E. PLUMBING

Plumbing shall meet all applicable state and local plumbing laws, ordinances and regulations, and shall be sized, installed and maintained to:

1. Carry sufficient quantities of water to required locations throughout the ice plant.

2. Properly convey sewage and liquid disposable waste from the ice plant.

3. Not constitute a source of contamination to foods, food products or ingredients, water supplies, equipment, or utensils or create an unsanitary condition.

4. Provide adequate floor drainage in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor.

5. Prevent backflow or back-siphonage from, or cross-connection between, piping systems discharging wastewater or sewage and piping systems carrying water for ice manufacturing.

6. Non-potable water piping shall not be connected to equipment or have outlets in the brine circulation tanks.

F. TOILET FACILITIES

1. Toilet facilities shall be approved by the Department, shall be adequate, conveniently located, accessible to employees at all times, and shall conform to applicable building and plumbing codes.

2. Toilet room floors shall be easily cleanable. Toilet room floors should be properly sloped to trapped drains.

3. Toilet room walls and ceilings shall be of sound construction. Toilet room walls shall be smooth and washable to at least a wainscot height.

4. Toilet rooms shall not open directly into ice production or storage rooms.

5. Toilet room doors shall be self-closing.

6. Toilet rooms shall be adequately ventilated. Toilet room windows opened for ventilation shall be properly screened.

7. Toilet rooms shall be kept clean, in good repair and free of insects at all times.

8. Approved hand-washing signs shall be posted in each toilet room used by production employees.

9. Toilet tissue, soap, individual towels and trash receptacles shall be provided.

G. DRESSING ROOMS AND LOCKER AREAS

1. If employees routinely change clothes within the ice plant, rooms or areas shall be designated and used for that purpose and shall be kept clean and in good repair.

2. Adequate lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other belongings and shall be kept clean. Personnel lockers shall not be located in ice manufacturing, packaging, or storage rooms.

H. HAND-WASHING FACILITIES

1. An adequate number of lavatories, convenient to toilet rooms and production areas, shall be provided.

2. Each lavatory shall be provided with hot and cold running water, soap and approved sanitary towels, or other approved hand-drying devices. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the hand washing facilities.

I. SANITARY OPERATIONS

1. General Maintenance

Buildings, fixtures, and other physical facilities of the ice plant shall be kept in good repair and shall be maintained in a sanitary condition. Cleaning operations shall be conducted in such a manner as to minimize the danger of contamination of food and food-contact surfaces. Detergents, sanitizers, and other supplies employed in cleaning and sanitizing procedures shall be free of significant microbiological contamination and shall be safe and effective for their intended uses. Only such toxic materials as are required to maintain sanitary conditions, for use in laboratory testing procedures, for plant and equipment maintenance and operation, or in manufacturing or processing operations shall be used or stored in the ice plant. These materials shall be identified, used only in such manner and under conditions as will be safe for their intended uses, and stored in an approved area and manner so as to minimize the danger of contamination of food and food-contact surfaces.

2. Animal and Vermin Control

No animals or birds shall be allowed in any area of the ice plant. Effective measures shall be taken to exclude pests from the processing areas and to protect against the contamination of foods in or on the premises by animals, birds, and vermin (including, but not limited to, rodents and insects). The use of insecticides or rodenticides is permitted only under such precautions and restrictions as will prevent the contamination of food or packaging materials with illegal residues. Insecticides and rodenticides shall be properly labeled and stored in an approved area and manner so as to minimize the danger of contamination of food and food-contact surfaces.

Section VI. EQUIPMENT AND UTENSILS

A. All ice plant equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained and kept clean and in good repair. The design, construction and use of equipment and utensils shall preclude the adulteration of food with lubricants, fuel, metal and glass fragments, contaminated water, or any other contaminants. Only food grade equipment lubricants shall be used and equipment lubrication shall not contaminate the ice.

B. All equipment shall be so installed and maintained to facilitate the cleaning of the equipment and all adjacent spaces.

C. All food-contact surfaces shall be corrosion-resistant when in contact with food and shall be made of nontoxic materials and designed to withstand the environment of their intended use and any corrosive action by the food, cleaning compounds and sanitizing agents. Seams on food-contact surfaces shall be smoothly bonded. Conveyor surfaces shall be of impervious material and shall protect ice from contaminants that may result from shredding, flaking, peeling, or fragmentation of the conveyor surface.

D. All equipment shall be designed to prevent food-contact surfaces from being contaminated by clothing or personal contact.

E. All equipment shall be constructed so that drip or condensation from fixtures, ducts, pipes, etc., does not contaminate food, food-contact surfaces or food-packaging materials.

F. All equipment that is in the manufacturing or food-handling areas and that does not come in contact with food shall be so constructed that it can be kept in a clean condition.

G. Approved washable covers shall be provided over exposed containers prior to filling and between filling and sealing in all areas where contamination is reasonable possible.

H. Air for water agitation shall be filtered and free of contaminants. The compressor used to supply air for water agitation shall be designed to deliver oil-free air. Air lines and core sucking (vacuum) devices shall be used as needed to produce ice free of rust or other foreign materials.

I. Ice cans shall be leak proof and the inner surfaces of such containers shall be free of corrosion. Freezing tank covers of acceptable materials shall be designed and constructed to protect ice containers from splash, drip, and other contamination. They shall be easily cleanable and kept clean and in good repair. Such covers shall be equipped with rings or similar devices when hooks are used for pulling. Can or tank covers, and the ledges or sides of the tank upon which the cover rests, shall be cleaned as often as necessary to keep them in a sanitary condition.

Section VII. PRODUCTION AND PROCESS CONTROLS

A. PROCESS CONTROLS

1. All operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging and storing of food shall be conducted in accordance with adequate sanitation principles.

2. Appropriate quality control operators should be employed to ensure that food is suitable for human consumption and that food-packaging materials are safe and suitable. Overall sanitation of the ice plant shall be under the supervision of one or more competent individuals assigned responsibility for this function. All reasonable precautions shall be taken to ensure that production procedures do not contribute contamination from any source.

3. Chemical, microbiological, or extraneous material testing procedures shall be used, where necessary, to identify sanitation failures or possible food contamination. All food that has become adulterated shall be rejected, or if permissible, treated or processed to eliminate the contamination.

4. Raw materials and other ingredients shall be inspected and segregated or otherwise handled as necessary to ascertain that they are clean and suitable for processing into ice manufacturing and shall be stored under conditions that will protect against contamination and minimize deterioration.

5. Raw materials and other ingredients shall be properly labeled and stored in containers designed and constructed so as to protect against contamination.

6. Ice products manufactured for human consumption shall not be stored, transported, processed or bagged through equipment or lines used for any non-food product.

7. Adequate provisions shall be made so that hands shall not come in direct contact with the ice at any time during manufacturing, processing, packaging, and storage.

8. Packaging shall be done with non-toxic materials and in a sanitary manner. All packaged ice products must be tightly sealed. Bags used for the packaging of ice shall be stored in a dry rodent and dust proof environment. The storage of packaging supplies shall be on pallets or raised above floor level and all partially used supplies shall be kept in closed containers. The bags shall be of sound strength and quality to prevent fracture or tearing during handling and be constructed of FDA approved materials. Bags shall be restricted for reuse, or repackaging.

9. All frozen unpackaged ice blocks intended for sale for human consumption or for the refrigeration of food products shall be washed thoroughly with potable water, packed and handled in a manner to prevent contamination. Water used for rinsing or washing shall not be reused and shall be disposed of as liquid waste. Only potable water shall be used in sprays and in the thaw tanks for the removal of ice from cans. Ice shall not come in direct contact with water in dipping wells.

B. CLEANING AND SANITIZING OF EQUIPMENT AND UTENSILS

All utensils and food-contact surfaces of equipment shall be cleaned as frequently as necessary to prevent contamination of food and food products. Non food-contact surfaces of equipment used in the operation of ice plants shall be cleaned as frequently as necessary to minimize accumulation of dust, dirt, food particles and other debris. Where necessary to prevent the introduction of undesirable microbiological organisms into food products, all utensils and food-contact surfaces of equipment used in the plant shall be cleaned and sanitized prior to such use and following any interruptions during which such utensils and food-contact surfaces may have become contaminated. Where such equipment and utensils are used in a continuous production operation, the food-contact surfaces of such equipment and utensils shall be cleaned and sanitized on a predetermined schedule using adequate methods for cleaning and sanitizing. All cleaning and sanitizing agents shall be free of undesirable microorganisms, shall be safe and adequate under the conditions of use, shall have labels which properly identify the contents, and shall be properly stored. Any facility, procedure, machine, or device may be acceptable for cleaning and sanitizing equipment and utensils if it is established that such facility, procedure, machine, or device will routinely render equipment and utensils clean and provide adequate sanitizing treatment. All cleaned and sanitized equipment and utensils shall be transported and stored to assure complete drainage and stored in a manner that protects the food-contact surfaces from contamination.

Section VIII. WAREHOUSING AND DISTRIBUTION

A. All product storage and holding areas are to be refrigerated and shall be cleaned as often as necessary to keep them free of contamination.

B. While being transported or delivered, ice shall be protected from contamination from dust, dirt, or any other sources. The ice compartment of vehicles used to transport or deliver ice shall be of cleanable construction and shall be kept clean and in good repair. The ice compartment used for transport or delivery shall be insulated or refrigerated to maintain the ice in a frozen state. Vehicles used to transport unpackaged ice shall be constructed to be fully enclosed. All interior surfaces shall be constructed of food grade quality materials and shall be thoroughly cleaned prior to each loading.

Section IX. LABELING

All packaged ice labeling shall conform to applicable federal and state labeling laws.

Section X. EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR CONTAMINATED RAW MATERIALS OR FINISHED PRODUCT

A. Samples of ice and other substances shall be taken and examined by the Department as often as may be necessary for the detection of unwholesomeness or adulteration.

B. The Department may condemn and forbid the sale of, or cause to be removed and destroyed, any ice products which are unwholesome or adulterated.

Section XI. ICE VENDING MACHINES

A. Owner/operators of ice vending machines within the state must file an application provided by the Department. This application shall include name and address of ice vending machine's owner/operator, location, products to be manufactured, applicant's signature and such other information deemed necessary by the Department to determine compliance with this regulation. However, no permit will be issued. This information will be held on file for the purpose of compliant investigations or product sampling for detection of unwholesomeness or adulteration, or any other circumstance which may constitute an imminent hazard to public health.

B. All ice vending machines must be properly connected to Department approved water supply and sewage disposal facilities.

Section XII. ENFORCEMENT PROCEDURES

A. PERMITS

1. It shall be unlawful for any person to manufacture wholesale ice products in South Carolina without a valid permit issued by the Department for the specific ice plant. Permits are not transferable.

2. Any person desiring to manufacture wholesale ice products in South Carolina shall make written application for a permit on the appropriate application form provided by the Department. This form shall include name and address of the ice plant's owner; the location and type of the facility; the type of products to be manufactured; the applicant's signature; and such other information deemed necessary by the Department to determine compliance with this regulation.

3. A permit is valid as long as the ice plant continues in operation under the same ownership or until the permit is revoked or suspended.

4. Any retail facility that produces and bags ice for sale to the public shall have a permit issued under Regulation 61-25, Retail Food Establishments.

B. SUBMISSION OF PLANS

When an ice plant is constructed or extensively remodeled and when an existing structure is converted for use as an ice plant, properly prepared plans and specifications for such construction, remodeling, or conversion should be submitted to the Department for review and approval before construction, remodeling, or conversion. The plans and specifications should indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the make and model number of proposed fixed equipment and facilities. The Department shall approve the plans and specifications if they meet the requirements of this regulation. In the absence of plan approval, issuance of the ice plant permit shall be determined by compliance with all applicable requirements of this regulation.

C. INSPECTIONS

Inspections of ice plants shall be performed as frequently as deemed necessary to insure compliance with this regulation.

D. ACCESS

Representatives of the Department, after proper identification, shall be permitted to enter any ice plant at any reasonable time for the purpose of making inspections to determine compliance with this regulation. The representatives shall be permitted to examine the records of the establishment to ascertain information relative to the purchasing, receiving, and use of such food products or other supplies used in the manufacturing of wholesale ice products. It shall be unlawful for any representatives of the Department who, in an official capacity, obtain any information under the provisions of this regulation which is entitled to protection as a trade secret (including information as to quantity, quality, source or disposition of wholesale ice products, or results of inspections or tests thereof) to use such information to their own advantage or to reveal it to any unauthorized person.

E. REPORT OF INSPECTIONS

When an inspection of an ice plant is conducted, a copy of the completed inspection report form shall be furnished to the permit holder, manager or other duly authorized representative.

F. RECIPROCITY

Upon receiving from any person, entity, or any regulatory agency outside this state, a report of a possible violation of this regulation by a permit holder, the Department may conduct such inspection or investigation as it deems appropriate. Upon receiving information that wholesale ice products manufactured in the state or imported from other states and introduced into this state may have been manufactured in violation of applicable state or federal law or not in conformance with prevailing and applicable standards and good public health practices, the Department may notify appropriate regulatory authorities located outside this state and request that such authorities take appropriate action.

G. RECALL

Each ice plant operator shall develop and maintain procedures for the notification of regulatory officials, consumer notification, and product recall, and shall implement any of these procedures 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 ice supplier, 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 ice supplier to initiate a level of product recall or, if appropriate, issue a form of notification to customers. The ice supplier shall be responsible for disseminating the notice in a manner designed to inform customers who may be affected by the problem.

H. SUSPENSION OF PERMIT

1. Permits may be suspended temporarily by the Department for repeated violation of the same requirement on two consecutive inspections, for total number of violations, or for interference with the Department in the performance of its duty. Prior to permit suspension, 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 suspended and that the permit shall be suspended at the end of the 15 days following service of such notice. While the permit is suspended, ice operations shall immediately cease, and the permit shall remain suspended until the reasons for the suspension have been corrected.

2. The Department may, without warning or notice, suspend the permit to operate an ice plant when it is determined that the operation of the ice plant constitutes an imminent hazard to public health. Following immediate permit suspension, all ice 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.

I. REVOCATION OF PERMIT

1. The permit may be revoked for failure to correct deficiencies within prescribed time limits or for repeated violations of any of the requirements of this regulation on two consecutive inspections, or for the interference with the Department in the performance of duty.

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 15 days following service of such notice.

3. 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 previously been revoked and who obtains a subsequent permit and violates the provisions of this regulation, resulting in revocation of the ice plant's permit for the second time, shall not be granted another permit.

J. SERVICE OF NOTICES

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 ice plant's permit holder.

K. CONTESTED DECISIONS

A Department decision involving the issuance, denial, suspension, or revocation of a permit may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1 and Title 1, Chapter 23.

L. ENFORCEMENT PROVISIONS

This regulation is issued under the authority of South Carolina Code Ann. Section 44-1-140 (1976, as amended) and shall be enforced by the Department. Violation of this regulation shall be punishable in accordance with South Carolina Code Ann. Section 44-1-150 (1976, as amended).

HISTORY: Amended by State Register Volume 32, Issue No. 5, eff May 23, 2008.

61-55. Septic Tank Site Evaluation Fees.

Section I. PURPOSE

A major factor influencing the health of individuals where public sewer is not available is the proper treatment and disposal of human excreta and other domestic wastes. To this end and to protect the environment from contamination by untreated sewage, the Department of Health and Environmental Control has established and maintained a conscientious program of designing individual sewage treatment and disposal systems, evaluating sites for suitability for individual sewage treatment and disposal systems and approving the installations of such systems. 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 the fees authorized by this regulation.

Section II. DEFINITIONS

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. HEALTH AUTHORITY--An authorized representative of the South Carolina Department of Health and Environmental Control.

C. INDIVIDUAL SEWAGE TREATMENT AND DISPOSAL SYSTEM--A system designed for the treatment and disposal of sewage by a septic tank and soil absorption trench. The term also includes alternatives to septic tanks and soil absorption trenches when such alternatives are approved by the Health Authority under the provisions of R.61-56, Individual Sewage Treatment and Disposal Systems.

D. PERMIT--A written statement issued by the Health Authority permitting the construction of an individual sewage treatment and disposal system under the provisions of R.61-56, Individual Sewage Treatment and Disposal Systems.

Section III. FEES

The Department shall charge a fee of $150.00 to evaluate the site of a proposed individual sewage treatment and disposal system. This fee shall be paid prior to the evaluation of any site for which an application for a permit has been made.

Section IV. 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.

HISTORY: Added by State Register Volume 25, Issue No. 6, eff June 22, 2001. Amended by State Register Volume 31, Issue No. 6, eff June 22, 2007

61-56. ONSITE WASTEWATER SYSTEMS.

(Statutory Authority: 1976 Code Section 44-1-140)

REFERENCES :

A. The following statutes are referenced in this regulation:

1. S.C. Code of Laws, 44-1-20 , et seq., South Carolina Department of Health and Environmental Control (1976 Code as amended)

2. S.C. Code of Laws, 1-23-10 et seq., South Carolina Administrative Procedures Act (1976 Code as amended)

3. S.C. Code of Laws, 48-1-10 et seq., South Carolina Pollution Control Act (1976 Code as amended)

4. S.C. Code of Laws, 48-39-10 et seq., South Carolina Coastal Tidelands and Wetlands (1976 Code as amended)

5. Section 208, Federal Clean Water Act, 33 U.S.C. Section 1288

B. The following Departmental standards and/or publications are referenced in this regulation:

1. Regulation 61-25, Retail Food Establishments

2. Regulation 30-1, Coastal Division Regulations

3. Regulation 61-9, Water Pollution Control Permits

4. Regulation 61-58, State Primary Drinking Water Regulations

5. Regulation 61-67, Standards for Wastewater Facility Construction

6. Regulation 61-68, Water Classification and Standards

7. Regulation 61-69, Classified Waters

C. The following manufacturing and procedural standards are referenced in this regulation:

1. American Society of Agronomy (ASA)

2. American Society for Testing and Materials (ASTM) C

3. Amercian Society for Testing and Materials (ASTM) D

4. Crop Science Society of America (CSSA)

5. National Building Specification (NBS) Voluntary Product Standard PS 15-69

7. National Electrical Manufacturers Association (NEMA)

8. Soil Science Society of America (SSSA)

The following constitutes the history for 61-56, 100 through 800.

HISTORY: Amended by State Register Volume 32, Issue No. 5, eff May 23, 2008.

CONTENTS:

100 Purposes and Scope

101 Definitions

102 General

103 Application, Permit, Approval

200 Minimum Site Conditions

201 Minimum Requirements for Primary Treatment

202 Minimum Requirements for Final Treatment and Disposal Systems

203 Construction Criteria

204 Evaluation of Alternative Infiltration Trench Products

300 Wastewater Treatment Facility Accessibility

301 Discharge of Waste

302 Enforcement Provisions

303 Repeal and Date of Effect

304 Changes in Use that Impact Existing Onsite Wastewater Systems

305 Severability Clause

400 Appendices of Standards for Onsite Wastewater Systems

401 Appendix A - System Standard 150 - Large (greater than 1500 gpd) and

Community Systems

402 Appendix B - System Standard 210/211 - Shallow Placement With 9-Inch

Aggregate Depth

403 Appendix C - System Standard 220/221 - Shallow Placement With 6-Inch

Aggregate Depth

404 Appendix D - System Standard 230/231 - Shallow Placement With 14-Inch

Aggregate Depth With Fill Cap

405 Appendix E - System Standard 240/241 - Ultra-Shallow Placement With

6-Inch Aggregate Depth With Fill Cap

406 Appendix F - System Standard 250/251 - Reservoir Infiltration System For

Soils With Expansive Clay

407 Appendix G - System Standard 260/261 - 9-Inch Shallow Placement System

With Fill Cap System

408 Appendix H - System Standard 270/271 - Alternative Trench Width and

Depth Systems

409 Appendix I - System Standard 280/281 - Reservoir Infiltration System for

Soils With Expansive Clay Shallow Rock Formations

410 Appendix J - System Standard 370/371 - Shallow Placement With Fill Cap

for Sites With Shallow Class IV Soil

411 Appendix K - System Standard 380/381 - Double Aggregate Depth Wastewater

Infiltration Trenches

412 Appendix L - System Standard 420/421 - Mounded Infiltration System

413 Appendix M - System Standard 431 - Mounded Fill System

414 Appendix N - System Standard 601 - Elevated Infiltration System

415 Appendix O - System Standard 610 - Specialized Onsite Wastewater System

Designs (lLess Than 1500 GPD)

416 Appendix P - Curtain Drain Standard

500 Appendix Q - Long-Term Acceptance Rate Standard For Onsite Wastewater

Systems

501 Appendix R - Peak Sewage Flow Rate Standard

600 Appendix S - Onsite Wastewater Pump System Standard

700 Appendix T - Minimum Design Standards For Tank Construction

800 Appendix U - Fiberglass Reinforced Plastic Tanks Standard

100. PURPOSES and SCOPE

A major factor influencing the health of individuals where public wastewater treatment facilities are not available is the proper onsite treatment and disposal of domestic wastewater. Diseases such as dysentery, cholera, infectious hepatitis, typhoid and paratyphoid are transmitted through the fecal contamination of food, water, and the land surface largely due to the improper treatment and disposal of domestic wastewater. For this reason, every effort should be made to prevent such hazards and to treat and dispose of all human waste through the practical application of the best and most cost affective technology available.

Safe treatment and disposal of domestic wastewater is necessary to protect the health of families and communities, and to prevent the occurrence of public health nuisances. Domestic wastewater can be rendered ecologically safe and public health can be protected if such wastes are disposed of so that:

A. They will not contaminate any drinking water supply.

B. They will not give rise to a public health hazard by being accessible to insects, rodents, or other possible carriers, which may come into contact with food or drinking water.

C. They will not give rise to a public health hazard by being accessible to children or adults.

D. They will not violate federal and state laws or regulations governing water pollution or sewage disposal.

E. They will not pollute or contaminate any waters of the state.

F. They will not give rise to a public health nuisance.

Where the installation of an onsite wastewater system is necessary, the basic principles of design, construction, installation, operation and maintenance shall be followed.

101. DEFINITIONS

ACCESSIBLE - For the purpose of this regulation, a wastewater treatment facility connection is accessible when it adjoins the property in question, and the sewer authority has granted permission to connect to the system. Where annexation or easements to cross adjacent property are required to connect to a wastewater treatment facility, the wastewater treatment facility shall not be considered accessible.

ALTERNATIVE SYSTEM - A system incorporating design modifications of the proposed subsurface wastewater infiltration trench area or geometry for the purpose of achieving compliance with required setbacks and offset to the zone of saturation and/or restrictive horizons. No such system shall be utilized unless the Department has established a specific standard.

ALTERNATIVE INFILTRATION TRENCH PRODUCTS- Products specifically designed to replace or eliminate the aggregate typically utilized in subsurface infiltration trenches. Such products must be approved for use by the Department and must adhere to required equivalency values established herein.

APPLICANT - A property owner, general contractor or agent representing the property owner, or developer who seeks a permit to construct and operate an onsite wastewater system.

CAMPGROUND - An organized camp in which campsites are provided for use by the general public or certain groups.

CANAL - An artificial waterway used for navigation, drainage, or irrigation.

COLOR CHARTS (Munsell System or equivalent) - Charts bearing various color chips established by a recognized color system which use three elements--hue, value, and chroma--to make up a specific color notation. The notation is recorded if the form of hue, value, and chroma (eg., 10YR 5/6). The three attributes of color are arranged in the system in orderly scales of equal visual steps, which are used to measure and describe color accurately under standard conditions of illumination by comparing soil samples to color chips on various charts.

CONVENTIONAL SYSTEM - An onsite wastewater system that utilizes a network of conventional wastewater infiltration trenches installed in the naturally occurring soil for the treatment and disposal of domestic wastewater.

CRITICAL AREA LINE - The line, as established by the Department, that delineates the landward boundary of (1) coastal waters, (2) tidelands, (3) beach/dune systems, and (4) beaches as they are defined in the S.C. Code of Laws Section 48-39-10 et seq. and R. 30-1 et seq.

CURTAIN DRAIN - A subsurface interceptor drain that is installed to collect and redirect seasonal groundwater as it flows through the soil profile to an appropriate discharge point.

DEPARTMENT - The South Carolina Department of Health and Environmental Control.

DITCH - A long narrow excavation, intended for the purposes of drainage and/or irrigation.

DOMESTIC WASTEWATER OR SEWAGE- The untreated liquid and solid human body waste and the liquids generated by water-using fixtures and appliances, including those associated with food service operations. For the purposes of this regulation, domestic wastewater shall not include industrial process wastewater.

EFFLUENT - The liquid discharged from a septic tank, effluent pump station, or other sewage treatment device.

EMBANKMENT - A bank of soil with at least two (2) feet of vertical height from top to bottom.

ENVIRONMENTALLY SENSITIVE WATERS - Outstanding resource waters (ORW), Shellfish Harvesting Waters (SFH), and Trout-Natural Waters (TN) as defined in R.61-68 and classified in R.61-69, and including lakes greater than forty (40) acres in size and the Atlantic Ocean, regardless of their classifications in R.61-69.

EXISTING SYSTEM - An onsite wastewater system, which has received final construction approval or has been serving a legally occupied residence or structure.

EXPANSIVE SOILS - Soils containing significant amounts of expansible-layer clay minerals (smectites) as evidenced in the field by classifications of "Very Sticky" and "Very Plastic" and Structure Grades of "Weak" or "Structureless" when evaluated in accordance with the Field Book. Such soils are considered to be unsuitable for onsite wastewater systems.

FAILING ONSITE WASTEWATER SYSTEM - An onsite wastewater system that is discharging effluent in an improper manner or has ceased to function properly.

FIBERGLASS REINFORCED PLASTIC - A fibrous glass and plastic mixture that exhibits a high strength to weight ratio and is highly resistant to corrosion.

FIELD BOOK FOR DESCRIBING AND SAMPLING SOILS (Field Book) - A field guide published by the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for making or reading soil descriptions and for sampling soils, as presently practiced in the USA.

FINAL TREATMENT AND DISPOSAL - Ultimate disposition of the effluent from a septic tank or other treatment device into the soil.

FLEXURAL MODULUS OF ELASTICITY - A measure of stiffness of a material.

FLEXURAL STRENGTH - A measure of the ability of a material to withstand rupture when subjected to bend loading.

GEL COATING - A specially formulated polyester resin, which is pigmented and contains filler materials, the purpose of which is to provide a smooth, pore-free, watertight surface for fiberglass reinforced plastic parts.

GREASE TRAP - A device designed to separate and store the oil and grease component of wastewater discharged from facilities that prepare food.

GLEYING - Bluish, greenish, or grayish colors in the soil profile that are indicative of markedly reduced conditions due to prolonged saturation. This condition can occur in both mottled and unmottled soils, and can be determined by using the Gley page of the soil color charts.

INDUSTRIAL PROCESS WASTEWATER- Non-domestic wastewater generated in a commercial or industrial operation that may or may not be combined with domestic wastewater.

LONG-TERM ACCEPTANCE RATE (LTAR) - The long-term rate, typically expressed in gallons per day per square foot of trench bottom area, at which a mature onsite wastewater system can continue to accept effluent without hydraulic failure occurring. This flow rate is a result of the interaction between unsaturated soil hydraulic conductivity and biomat resistance.

MOTTLING - Morphological features of the soil revealed as spots or blotches of different color or shades of color interspersed with the dominant matrix color.

NSF STANDARD #14 - A National Sanitation Foundation Standard relating to thermoplastics, which have been tested and found satisfactory for potable water supply uses, and for drains, waste and vent applications.

ONSITE WASTEWATER SYSTEM - A system, generally consisting of a collection sewer, septic tank(s), and subsurface wastewater infiltration area, designed to treat and dispose of domestic wastewater through a combination of natural processes that ultimately result in effluent being transmitted through the soil, renovated, and ultimately discharged to groundwater.

Small Onsite Wastewater System - An individual system serving an individually deeded residence or business that generates less than fifteen hundred (1500) gallons per day of domestic wastewater. Management and maintenance of each system is the responsibility of the individual property owner.

Large Onsite Wastewater System (General) - An individual system that treats and disposes of domestic wastewater discharges in excess of fifteen hundred (1500) gallons per day.

a. Privately Owned Large System - A large onsite wastewater collection and treatment system that serves one piece of deeded property such as a school, adult residential care facility, rental apartment complex, shopping center, campground, mobile home park, office complex, etc. Management and maintenance of the system is the responsibility of the individual property owner.

b. Community (Cluster) System - A wastewater collection and treatment system that provides shared collection, treatment, and disposal of domestic wastewater from multiple parcels or multiple units of individually deeded property. Such a system might serve a small subdivision or a condominium complex. It is imperative with such systems that some form of common ownership and management be established and approved by the Department.

OPERATION AND MAINTENANCE--Activities including tests, measurements, adjustments, replacements, and repairs that are intended to maintain all functional units of the onsite wastewater system in a manner that will allow the system to function as designed.

PARENT MATERIAL - The unconsolidated and chemically weathered mineral or organic matter from which the column of soils is developed by pedogenic processes.

PERMIT - A written document issued by the Department authorizing the construction and operation of an onsite wastewater system under this regulation. The construction and operation permit survives the life of the onsite wastewater system that it authorizes.

PLASTICITY - The degree to which "puddled" or reworked soil can be permanently deformed without rupturing. The evaluation is made in accordance with the Field Book by forming a roll (wire) of soil at a water content where the maximum plasticity is expressed.

PRIMARY TREATMENT - The initial process to separate solids from the liquid, digest organic matter and store digested solids through a period of detention and biological conditioning of liquid waste.

PROFESSIONAL SOIL CLASSIFIER - A person with special knowledge of the physical, chemical and biological sciences applicable to soils as natural bodies and of the methods and principles of soil classification as acquired by soils education and soil classification experience in the formation, morphology, description and mapping of soils; is qualified to practice soil classifying; and who has been duly registered by the South Carolina State Board of Registration for professional soil classifiers.

PUBLIC ENTITY - Any organizations such as a city, town county, municipality, or special purpose sewer district.

PUBLIC WATER SYSTEM - Any publicly or privately owned waterworks system that provides drinking water for human consumption, as defined in R. 61-58, State Primary Drinking Water Regulations.

PUMP CHAMBER - A water-tight, covered receptacle designed and constructed to receive and store the discharge from a septic tank until such time that the effluent is pumped to a final treatment and disposal site.

RECEPTOR - Any water well or surface water of the state, including estuaries.

REDOX DEPLETIONS - Mottles of chroma two (2) or less with values of four (4) or more using soil color charts.

REDOXIMORPHIC FEATURES - Morphological features that are formed by the processes of reduction, translocation, and oxidation of iron and manganese oxides in seasonally saturated soils. These include redox concentrations, redox depletions, and reduced matrices.

REMOTE SUBSURFACE WASTEWATER INFILTRATION AREA - A subsurface wastewater infiltration area that is not situated within the legal boundaries of the primary lot or tract that it serves.

REPAIR--Any work performed on an existing onsite wastewater system for the purposes of correcting a surface failure or other unauthorized discharge, enhancing system performance, relocating the entire system or system components, provided there are no changes in use that would impact the existing system.

REPAIR OR REPLACEMENT AREA - An area reserved for the installation of additional wastewater infiltration trenches.

RESTRICTIVE HORIZON - A soil horizon that is capable of severely retarding the movement of groundwater or effluent, and may be brittle and cemented with iron, aluminum, silica, organic matter, or other compounds. Restrictive horizons may occur as fragipans, iron pans, organic pans, or shallow rock formations, and are recognized by their resistance in excavation and auger boring.

RESIN - Any number of commercially available polyester products used in the manufacture of fiberglass reinforced products which serve to contribute mechanical strength, determine chemical and thermal performance, and prevent abrasion of fibers, and which must be physically and/or chemically determined to be acceptable for the environment, and free from inert filler materials.

SAPROLITE - Soft, friable, thoroughly decomposed rock that has formed in place by chemical weathering, retaining the fabric and structure of the parent rock, and being devoid of expansive clay. Unconsolidated saprolite can be dug using a hand auger or knife. Consolidated saprolite cannot be penetrated with a hand auger or similar tool, and must be dug with a backhoe or other powered equipment.

SEALANT - A bonding agent specifically designed to bond joining sections of fiberglass reinforced plastic products to each other in such a manner so as to create a durable long lasting, watertight seal, which does not alter the structural integrity or strength of the two joined fiberglass products.

SEPTIC TANK - A water-tight, covered receptacle designed and constructed to receive the discharge of domestic wastewater from a building sewer, separate solids from the liquid, digest organic matter, store digested solids through a period of detention and biological conditioning of liquid waste, and allow the effluent to discharge for final treatment and disposal.

SERIAL DISTRIBUTION - A method for effluent distribution on sloping terrain that utilizes drop boxes or earthen dams to affect total sequential flow from upper to lower wastewater infiltration trenches.

SOIL STRUCTURE - The aggregation of primary soil particles (i.e., sand, silt, and clay) into compound particles, or clusters of primary particles, which are separated from the adjoining aggregates by surfaces of weakness. In soils with platy structure, the aggregates are plate-like and overlap one another to severely impair permeability. A massive condition can occur in soils containing considerable amounts of clay when a portion of the colloidal material, including clay particles, tends to fill the pore spaces making the soil very dense.

SOIL TEXTURE - The relative proportions of the three soil separates (sand, silt, and clay) in a given sample of soil. The percentages of each separate are used to determine which class a particular sample falls into by plotting the intersection of these three values on the United States Department of Agriculture Natural Resource Conservation Service (USDA-NRCS) Textural Triangle.

SPECIALIZED ONSITE WASTEWATER SYSTEM DESIGN (less than 1500 GPD) - An onsite wastewater system that is certified to function satisfactorily and in accordance with all requirements of R.61-56 by virtue of it having been designed by a Registered Professional Engineer with technical input from a Professional Soil Classifier. Such systems have limited application, and can only be utilized when the required engineering design, certification, and technical soils documentation have been provided to and accepted by the Department.

STANDARD - A group of requirements developed by the Department that specifies the minimum site conditions and design criteria necessary for the approval of a specific type of onsite wastewater system (i.e., alternative system) that differs from a conventional system. A standard may also address minimum design criteria for certain components of onsite wastewater systems as well as methodologies for determining system sizing.

STICKINESS - The capacity of soil to adhere to other objects. Stickiness is estimated in accordance with the Field Book at the moisture content that displays the greatest adherence when pressed between the thumb and forefinger.

SUBSURFACE WASTEWATER INFILTRATION AREA (DRAIN FIELD) - A specific area where a network of wastewater infiltration trenches or other devices of sewage application are installed to provide the final treatment and disposal of effluent.

ULTIMATE TENSILE STRENGTH - A measure of the resistance of a material to longitudinal stress, measured by the minimum longitudinal stress required to rupture the material.

UPGRADE/EXPANSION - Any work performed on an existing onsite wastewater system for the purposes of increasing the capacity of the system above its original design and/or accommodating wastes of a different character than was originally approved.

WASTEWATER INFILTRATION TRENCH - A trench installed in the naturally occurring soil that is utilized for the treatment and disposal of domestic wastewater. A conventional trench is characterized by the following: (a) at least twenty-three (23) inches in depth; (b) thirty-six (36) inches in width; (c) filled with aggregate so that at least six (6) inches is beneath the distribution pipe, with at least five (5) inches on both sides of the pipe, and at least three (3) inches covering the pipe; and (d) at least nine (9) inches of backfill. Other trench configurations are specified in the attached Appendices of Standards for Onsite Wastewater Systems.

WASTEWATER TREATMENT FACILITY - An accessible publicly or privately owned system of structures, equipment and related appurtenances to treat, store, or manage wastewater.

ZONE OF SATURATION - Any zone in the soil profile that has soil water pressures that are zero or positive at some times during the year. For the purpose of this regulation, the beginning of such a zone shall be utilized in determining all required vertical separations from the deepest point of effluent application. This zone, therefore, shall be defined as the shallowest of those points at which either redox depletions appear or gleying is first observed; or, in the absence of other field identification methods, the maximum groundwater elevation as determined through wet season monitoring performed in accordance with criteria approved by the Department.

102. GENERAL

102.1 Each dwelling unit, building, business or other structure occupied for more than two (2) hours per day shall be provided with an approved method for the treatment and disposal of domestic wastewater.

102.2 It shall be the responsibility of the property owner to ensure that a permit to construct and operate any new, upgraded, or expanded onsite wastewater system is obtained from the Department prior to construction and operation of the system.

102.3 No person shall begin construction of a building to be served by an onsite wastewater system until a permit to construct and operate such a system is issued by the Department. Mobile or modular structures intended for occupancy shall not be moved onto the site until the permit to construct and operate an onsite wastewater system has been issued.

102.4 The permit holder shall be required to properly operate and maintain in good working order, and operate as efficiently as possible, all facilities and systems which are installed pursuant to the permit and to comply with all terms and conditions of the permit.

102.5 An onsite wastewater system serving more than one (1) piece of deeded property shall be considered as a community or cluster collection and treatment system and shall comply with the following:

(1) A permit activity will not occur that is inconsistent with a plan or plan amendment approved under section 208(b) of the Clean Water Act unless the Department finds such variance necessary to protect the public's health, safety and welfare.

(2) A public entity shall own the system and shall be responsible for the operation, maintenance and replacement of all components unless otherwise approved by the Department. The Department may consider a request from a private entity or person; however, such proposals must be evaluated on a case-by-case basis. The Department will evaluate the capability of long-term, reliable system operation in its evaluation of a permit request.

(3) If the project is owned by a private entity or person, the Department shall require financial assurances for the operation, maintenance, and replacement of the tank(s) and subsurface wastewater infiltration area system and relevant collection/pumping components.

(4) Sufficient area meeting the minimum requirements for large onsite wastewater systems shall be provided for at least one hundred (100) percent repair or replacement of the primary subsurface wastewater infiltration area.

(5) The collection sewer and pumping portions of a community onsite wastewater system shall receive a separate Construction Permit under R. 61-67.300.

102.6 When the actual or estimated peak sewage flow will exceed fifteen hundred (1500) gallons per day (gpd), the Department may require that the design of the onsite wastewater system be prepared by a Registered Professional Engineer licensed in the State of South Carolina.

102.7 Large (greater than 1500gpd) and community onsite wastewater systems incorporating advanced treatment methods, including but not limited to aerobic pre-treatment, lagoons, surface or subsurface drip irrigation, low pressure pipe distribution and other maintenance intensive methods, shall be required to obtain a Land Application Permit under R. 61-9.505.

102.8 Facilities that generate industrial process or any other non-domestic wastewater shall not be granted a permit under this regulation unless the Department determines that the proposed discharge would not pose a significant environmental risk. In such a determination, the Department would assess the risk to public health and/or groundwater contamination regardless of whether or not the wastewater were discharged continuously or intermittently to the onsite wastewater system. Plumbing appurtenances that facilitate the transport of such wastewater, including floor drains, trench drains, utility sinks, equipment drains, or any other conduit shall not be installed in facilities served by onsite wastewater systems unless specifically approved by the Department as a result of the above-described determination.

102.9 Campgrounds

(1) Onsite wastewater systems serving campgrounds shall comply with all applicable requirements of this regulation. Such campgrounds shall be provided with adequate toilet and bathing facilities, except in those cases where all campsites are furnished with individual sewer service connections, and each site is exclusively designated for use by camping units equipped to access such connections.

(2) Individual sewer service connections shall be part of an approved sewage collection system and shall be equipped with removable, tight fitting covers.

(3) Where individual sewer service connections are not furnished at all campsites, an approved sanitary dump station(s) shall be provided at a convenient location(s) within the campground at the ratio of one dump station per one hundred (100) unsewered campsites or fractions 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 drain. Sewer risers must be equipped with removable, tight fitting covers.

(b) Each dump station shall be equipped with pressurized water to be used for washing the concrete apron. The water outlet shall be protected from back siphonage by a vacuum breaker installed at its highest point, or by other approved means. A sign shall be placed at this water outlet stating: THIS WATER IS FOR CLEANING PURPOSES ONLY.

103. APPLICATION, PERMIT, APPROVAL

103.1 Application

(1) The applicant shall furnish, on the application form provided by the Department, correct information necessary for determining the feasibility of an onsite wastewater system.

(2) A boundary plat, deed or other legal document specifying the lot size and its boundaries shall be furnished by the applicant. When a dwelling or facility is to be served by a remote subsurface wastewater infiltration area, the applicant must provide appropriate easement(s). An appropriate easement must allow ingress and egress for construction, operation, maintenance, replacement and repair and must run with the land.

(3) Soil boring descriptions, backhoe pits, and soils classifications from specifically identified locations, including other tests or information, shall be required when deemed necessary by the Department.

(4) Before a site evaluation of the lot is performed by the Department, the applicant may be required to: clear and mark property boundary lines and corners; post an identification marker in the front center of the lot; place stakes at the corners of the proposed building; mark the proposed point of stub-out and septic tank; locate the proposed or existing well location; and identify the proposed location of any additional structures or facilities on the property that may influence the placement and configuration of the onsite wastewater system. Also, the applicant may be required to clear underbrush from the property in order to facilitate the evaluation.

103.2 Permit

(1) It shall be unlawful to construct, upgrade, expand, or operate an onsite wastewater system unless the Department has issued a permit for the specific construction and operation proposed. The system shall be constructed and operated in accordance with the permit, and the Department must authorize any changes prior to the construction and operation of the system. The applicant shall be required to make a written request or submit a new application if the permit modifications require another site evaluation. The Department may also require a permit for the repair of an onsite wastewater system when deemed necessary.

(2) The onsite wastewater system shall be constructed and operated according to the specifications and conditions of the permit, and in compliance with this regulation.

(3) In the case of repairs to existing onsite wastewater systems, the Department may authorize the best possible method of repair that, in the opinion of Department staff, may improve the operation of the system, regardless of site conditions.

(4) Permits issued after the effective date of this regulation shall remain valid for a period of five (5) years from the date of issuance, provided the physical character of the property has not changed and the conditions of the original permit can be met. Exceptions may be granted for those permits addressed by other statutes.

103.3 Approval

(1) Any repair, extension or alteration for which a permit has been issued and all newly constructed systems shall remain in an exposed condition until a final inspection and approval has been completed by the Department or a licensed contractor certified by the Department to conduct final inspections.

(2) An onsite wastewater system shall not be placed into operation prior to final inspection and approval by the Department or by an authority approved by the Department.

200. MINIMUM SITE CONDITIONS

200.1 Soil texture, depth of soil to restrictive horizons and depth to the zone of saturation shall meet minimum standards approved by the Department. These characteristics shall be determined using accepted methodologies in the field of soil science.

200.2 Soils exhibiting massive or platy structure, and soils which have been identified as having substantial amounts of expansible layer clay minerals or smectites, are unsuitable for onsite wastewater systems.

200.3 Where the estimated peak sewage flow will not exceed fifteen hundred (1500) gpd, the minimum vertical separation between the deepest point of effluent application and the zone of saturation shall be at least six (6) inches.

200.4 Where the estimated peak sewage flow will exceed fifteen hundred (1500) gpd, the depth to the zone of saturation shall be at least thirty six (36) inches below the naturally occurring soil surface, and at least six (6) inches below the deepest point of effluent application.

200.5 Depth to rock and other restrictive horizons shall be greater than twelve (12) inches below the deepest point of effluent application.

200.6 The area of the lot or plot of ground where the onsite wastewater system is to be installed shall be of sufficient size so that no part of the system will be:

(1) Within five (5) linear feet of a building, or under a driveway or parking area;

(2) Within seventy-five (75) linear feet of a private well (less than 1500 gpd sewage flow), one hundred (100) linear feet of a receptor (greater than 1500 gpd sewage flow), and within the Department's established minimum distance from a public well;

(3) With in one hundred (100) linear feet of a public well;

(4) Within seventy-five (75) linear feet of the critical area line (tidal waters) as determined by the Department; or within seventy-five (75) linear feet of the ordinary high water (within the banks) elevation (non-tidal waters) of an impounded or natural body of water, including streams and canals;

(5) Within ten (10) feet of upslope and twenty-five (25) feet of down slope curtain drains;

(6) Within twenty-five (25) feet of a drainage ditch or stormwater treatment system;

(7) Within fifteen (15) feet of the top of the slope of embankments or cuts of two (2) feet or more vertical height when any part of the wastewater infiltration trench is to be placed higher in elevation than the invert of the cut or embankment;

(8) Within five (5) feet of a property line.

(9) Greater protective offsets shall be required when utilizing certain alternative system standards contained within this Regulation.

200.7 In addition to the minimum space required in Section 200.6, minimum repair area shall be set aside as follows:

(1) Any new site meeting the minimum design criteria for an onsite wastewater system shall have a usable repair or replacement area equivalent to at least fifty (50) percent of the size of the original system. Where community onsite wastewater systems are utilized, there must be at least one hundred (100) percent repair or replacement area. This area cannot be covered with structures or impervious materials.

(2) Usable repair or replacement area shall be demonstrated to include suitable soil conditions, and shall be free of buildings or other improvements, setbacks, easements, and other encroachments that would prevent system construction. The undisturbed area between the wastewater infiltration trenches shall not be credited towards this requirement.

200.8 Multiple, individually owned remote subsurface wastewater infiltration areas may be considered for mass installation in a defined area where the wastewater infiltration trenches will be adjacently located to each other, provided that the combined peak wastewater loading is less than fifteen hundred (1500) gpd. In such cases, each subsurface wastewater infiltration area plot shall be sized such that there is sufficient area for one hundred (100) percent subsurface wastewater infiltration area replacement.. Each plot shall be deeded, with all appropriate easements, as a lot in conjunction with the specific unit that it serves, and required protective offsets, as described in Section 200.6, shall apply to each individual remote subsurface wastewater infiltration area. A plan shall be prepared by a Registered Professional Engineer licensed in the State of South Carolina that illustrates the overall plan; specifies the route and identification of effluent sewers and/or forcemains; specifies the entity responsible for perpetual maintenance of the sewer lines and mass subsurface wastewater infiltration area; specifies the configuration and identification of the individual subsurface wastewater infiltration area parcels; and specifies the manner in which ingress and egress will be provided to the individual subsurface wastewater infiltration area parcels. When the combined peak wastewater loading of the adjacently loading subsurface wastewater infiltration area will exceed fifteen hundred (1500) gpd, the project shall be considered as a public (community) collection and treatment system, then the onsite wastewater system must comply with the requirements in Section 102.5.

201. MINIMUM REQUIREMENTS FOR PRIMARY TREATMENT

201.1 Septic Tanks

(1) All persons or firms manufacturing septic tanks for use in South Carolina shall submit detailed plans for each size tank to the Department, and shall receive written approval for such tanks prior to their installation in the state.

(2) The design and construction of each septic tank shall be in accordance with minimum standards contained within this Regulation.

(3) No septic tank shall be installed which has a net liquid capacity of less than one thousand (1000) gallons. Such tanks shall be sufficient to serve dwellings of four (4) bedrooms or less. Two hundred fifty (250) gallons additional capacity shall be required for each bedroom over four (4).

(4) When multiple dwellings, including condominiums, apartments, and mobile homes, share a common onsite wastewater system, each dwelling unit shall either have its own properly sized septic tank, or it must discharge to a larger tank(s) that provides the combined total of the minimum capacities required for each contributing unit. Exception may be granted when a public entity, or private entity with financial assurances, is approved by the Department to provide operation and maintenance of the system. In such cases, the formula in Section 201.1(5) may be considered.

(5) Septic tanks serving establishments other than individual dwellings shall be sized according to actual peak flow data, when available, or by estimates of peak sewage flow, as set forth in standards established by the Department. For those septic tanks receiving peak flows less than fifteen hundred (1500) gpd, the net liquid capacity shall be calculated by multiplying 1.5 times the peak flow expressed in gallons per day. For those septic tanks receiving peak flows between fifteen hundred (1500) and forty five hundred (4500) gpd, the net liquid capacity shall be calculated as follows:

Volume (V) = 1125 gal. plus (0.75 x Peak Flow(gpd)).

For those septic tanks receiving peak flows in excess of forty five hundred (4500) gpd, the net liquid capacity shall be at least equal to the peak flow:

Volume (V) = Peak Flow (gpd)

(6) The minimum liquid capacity requirements shall be met by the use of a single septic tank or two or more tanks installed in series. Septic tanks joined in series shall be interconnected by an upper effluent pipe(s) with a minimum diameter of four (4) inches and a lower sludge pipe(s) with a minimum diameter of twelve (12) inches. The upper connection(s) shall be installed level from tank to tank, and the lower sludge pipe connection(s) shall be installed level and shall be placed twelve (12) inches above the bottoms of the tanks. The lower sludge pipe connection(s) can be eliminated if the first tank in series contains at least two-thirds of the total required liquid capacity. There shall be no more than two (2) inches of fall from the inlet invert of the first tank to the outlet invert of the last tank in series.

201.2 Grease Traps

(1) Any new food service facilities permitted under R. 61-25 and served by an onsite wastewater system that is permitted after the effective date of this regulation shall be required to have a properly sized grease trap. This requirement shall also apply to new facilities not requiring a food service permit under R. 61-25 where cooking operations are performed. Exception may be granted in cases where a retail food service establishment is permitted but does not perform any cooking or food preparation operations.

(2) Existing food service establishments permitted under R. 61-25 prior to the effective date of this regulation shall not be required to immediately comply with this section, provided the facility does not experience an onsite wastewater system malfunction. Those existing establishments that experience a future malfunction as a result of problems associated with the accumulation of grease shall be required to comply with all portions of this section. Also, food service facilities that were permitted prior to the effective date of this regulation, were closed, and then reopened at any time thereafter, provided the facility was not experiencing a malfunction prior to closure and the original peak design flow will not be exceeded, shall not be required to immediately comply with this section provided the facility does not experience an onsite wastewater system malfunction.

(3) Any food service facility requiring a grease trap shall provide two separate plumbing stub-outs, one serving the food preparation area and the other serving the restrooms. The stub-out from the restrooms shall discharge directly into the main building septic tank. The stub-out from the food preparation area shall discharge directly into the grease trap with the effluent then directed to the main building septic tank. In order to enhance grease separation while the liquids are hot, the grease trap shall be placed as close as possible to the source of wastewater. Garbage grinders shall not be allowed to discharge to such systems.

(4) All grease traps must be directly accessible from the surface, and must be equipped with an extended outlet sanitary tee terminating six (6) to twelve (12) inches above the tank bottom. The minimum access opening shall be eighteen (18) inches in diameter.

(5) All grease traps serving facilities from which the peak sewage flow exceeds fifteen hundred (1500) gpd shall either be dual chambered or individual tanks in series. If dual chambered, both the dividing wall and the second chamber must be equipped with a sanitary tee terminating six (6) to twelve (12) inches above the tank bottom.

(6) It shall be the responsibility of the owner/manager to ensure that the grease trap(s) is cleaned by a licensed septage pumper at frequent intervals to prevent the carryover of grease into other parts of the onsite wastewater system.

(7) Determination of Minimum Net Liquid Capacity

(a) No grease trap used as part of an onsite wastewater system shall have a net liquid capacity of less than one thousand (1000) gallons. Also, commercial interior-type grease interceptors shall not be utilized in lieu of a properly sized exterior grease trap.

(b) Minimum net liquid capacities of grease traps shall be determined as follows:

NLC = GPD x LF x RF, where

NLC = Net Liquid Capacity of Grease Trap (gallons)

GPD = Total Maximum Estimated Sewage Flow (gpd)

LF = Loading Factor (the approximate portion of the total maximum daily flow generated in food preparation areas)

0.3 - Schools and Other Institutions

0.4 - Restaurants

0.5 - Retail Food Stores

RF = Minimum Retention and Storage Factor of 2.5 for Onsite Wastewater Systems

201.3 Other Primary Treatment Methods

The Department, at its discretion, may consider other methods of primary treatment where conditions are warranted.

202. MINIMUM REQUIREMENTS FOR FINAL TREATMENT AND DISPOSAL SYSTEMS

202.1 General

(1) All pipe utilized in onsite wastewater systems shall meet applicable ASTM standards. All piping utilized in the connection of a septic tank to a subsurface wastewater infiltration area, including that which is utilized in the connection of adjacent wastewater infiltration trenches, whether they be level or serially fed, shall be non-perforated Schedule 40 PVC pipe. Such pipe, excluding force mains, shall be a minimum of three (3) inches in diameter. The connecting pipe shall not be surrounded by aggregate.

(2) At least seven (7) feet of undisturbed earth shall exist between wastewater infiltration trenches.

(3) The aggregate used in onsite wastewater systems shall be a material approved by the Department, and shall range in size from one-half (1/2) inch to two and one-half (2 1/2) inches. Fines shall be prohibited. Tire chips shall range in size from one-half (1/2) inch to four (4) inches in size, and wire strands shall not protrude more than one-half (1/2) inch from the sides.

(4) Drop boxes shall be utilized when deemed necessary by the Department. When required, they shall be surrounded and stabilized by at least two (2) feet of undisturbed or manually compacted earth, and the wastewater infiltration trenches shall be fed with non-perforated Schedule 40 PVC pipe. The invert of the drop box overflow pipe shall be at the same elevation as the top of the aggregate in the trenches fed by that box, and the top of the aggregate shall be level throughout the trench run. Other methods that affect serial distribution shall also overflow at the same elevation as the top of the aggregate.

(5) There shall be at least two (2) feet of earthen buffer between the septic tank and all portions of adjacent wastewater infiltration trenches. Where gravity flow is utilized, the invert elevation of the septic tank outlet shall be at the same elevation or higher than the top of the aggregate in the highest placed wastewater infiltration trench.

(6) To ensure proper operation and protection of onsite wastewater systems, the Department may require individual or combined installation of drainage swales, curtain or interceptor drains, protective barriers, or protective ground cover. Final approval of the permit may be withheld until such time as these improvements are completed.

(7) The bottom of each wastewater infiltration trench, including the distribution pipe contained within, shall be as level as possible, with an elevation differential not to exceed two (2) inches throughout the trench run.

(8) The required number, length and configuration of wastewater infiltration trenches shall be determined by the Department, and shall be based upon the Standard for Determining Peak Sewage Flow Rates (Appendix R) from Commercial and Recreational Establishments in conjunction with the Long-Term Acceptance Rate Standard for Onsite Wastewater Systems (Appendix Q). All systems shall be sized based upon the most hydraulically limiting, naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(9) The aggregate over the distribution pipe shall be covered with a strong, untreated pervious material to prevent infiltration of backfill material.

203. CONSTRUCTION CRITERIA

203.1 On sloping terrain, wastewater infiltration trenches shall be installed perpendicular to the direction of slope and parallel to the contours of the land.

203.2 Where deemed necessary by the Department, all required site alterations (swales, fill, shaping, etc.) shall be done prior to permitting the installation of the onsite wastewater system.

203.3 The area in which the onsite wastewater system is to be located shall be protected from surface water and roof or downspout drainage by the installation of drainage swales and small amounts of fill to achieve positive surface drainage.

203.4 Gross amounts of dirt, mud and debris shall be removed from the septic tank before backfilling. All backfilling around the tank shall be tamped to facilitate stabilization.

203.5 If septic tank lids are of multi-part, slab-type construction, all joints shall be caulked or covered with heavy roofing paper or similar material.

203.6 All septic tanks of two-piece construction joined by tongue and groove shall be sealed with either bituminous mastic or other watertight caulking material placed in the groove in such quantity that the sealant is clearly visible around the entire tank after the two pieces are joined.

203.7 When effluent pumping is required, all components of the pumping system shall adhere to standards contained within this Regulation.

203.8 The Department may restrict, delay, or prohibit the installation or final approval of any onsite wastewater system when adverse soil or site conditions exist. These may include, but not be limited to, wet soil conditions in textural classes III and IV as described in the Long-Term Acceptance Rate Standard for Onsite Wastewater Systems approved by the Department.

204. EVALUATION OF ALTERNATIVE INFILTRATION TRENCH PRODUCTS

The Department shall be responsible for the evaluation and approval of alternative infiltration trench products prior to their use in the State, unless otherwise regulated by statute. This evaluation shall include a review of available research data; a review of parameters relating to structure, geometry, and volume; and the establishment of required equivalency values for comparing the product to a conventional wastewater infiltration trench.

204.1 Application

(1) All requests for approval of alternative infiltration trench products must be submitted in writing to the Department, and must include the following:

(a) Complete description of the product and its intended use.

(b) Complete listing of materials used in the construction of the product, including specifications.

(c) Copies of all available literature pertaining to the product, and a listing of all appropriate reference materials.

(d) Copies of any and all available research, testing and monitoring data, to include records of performance and/or prior experience in actual field conditions.

(2) The Department will review the application, and may seek other information, including additional evaluations.

204.2 Equivalency Value For Infiltrative Surface

(1) The total infiltrative surface area surrounding the sides and bottom of a conventional wastewater infiltration trench (i.e., 5.33 sq.ft./lin.ft.) shall serve as the basis for all geometric comparisons to alternative infiltration trench products.

(2) The effective infiltrative surface area of a conventional trench shall include the total of both rectangular sidewalls, beginning at the top of the aggregate and extending to the trench bottom, in addition to the width of the trench bottom. Similarly, the effective infiltrative surface area of a product shall include the total of both immediately adjacent, rectangular sidewalls, beginning at the top of louvers, slits, holes or similar orifices, in addition to the rectangular width of the trench immediately beneath the product.

(3) The equivalency value (E) for any given product is determined by comparing the total effective surface area of the product, as defined above, with that of a conventional wastewater infiltration trench as follows:

(a) Total Infiltrative Surface Area for One Foot of Conventional Trench:

Trench Sidewalls = 2 x (1.16ft.H / 1.0 ft.L) = 2.33 sq.ft./lin.ft.

Trench Bottom = 1 x (3ft.W x 1ft.L) = 3.0 sq.ft./lin.ft.

Total Infiltrative Surface Area = 5.33 sq.ft./lin.ft.

(b) Equivalency Value (E) Shall Be Computed As Follows:

E = 5.33 sq.ft./ft / Sum of Three Rectangular Interfaces Immediately Adjacent to Product (sq.ft./ft.)

(c) The Required Total Length of the Product Shall Be Calculated As Follows:

Length of Product (L) = E x Length of Conventional 36 in. Wide Trenches Required By DHEC Regulations and Standards

204.3 Other parameters to be evaluated for alternative infiltration trench products may include the following:

(1) Structural Integrity - Products must be of sound construction and able to adequately withstand the normal pressures and stressed associated with installation and use.

(2) Inertness - No product can be approved unless it will remain relatively unaffected for extended periods of time while in contact with typical domestic wastewater.

(3) Storage Volume - The effluent storage capacity of a product must closely approximate or exceed that of a comparable conventional system.

(4) Maintenance of Permeable Interfaces - A product shall have a direct interface with the effective infiltrative surface (undisturbed natural soil) or, if backfill is required, backfill material shall not create a permeability barrier and shall not hinder the downward or horizontal flow of effluent into the undisturbed natural soil.

(5) The unique characteristics of a given product may warrant the evaluation of other parameters not specifically mentioned in this section of the regulation.

(6) The design, construction, or installation methods used with any product shall not conflict nor violate any other requirements established by the Department.

204.4 Approval For General Use

If warranted, the Department will issue a letter of approval for general use of the alternative infiltration trench product in accordance with equivalency values and other requirements determined herein.

300. WASTEWATER TREATMENT FACILITY ACCESSIBILITY

300.1 Permits for new onsite wastewater systems shall not be issued where a wastewater treatment facility is accessible for connection.

300.2 Repairs to or replacement of failing onsite wastewater systems shall not be allowed where a wastewater treatment facility is accessible for connection.

301. DISCHARGE OF WASTE

No septic tank effluent or domestic wastewater or sewage shall be discharged to the surface of the ground or into any stream or body of water in South Carolina without an appropriate permit from the Department.

302. ENFORCEMENT PROVISIONS

(1) This regulation is issued under the authority of Section 44-1-140(11) of the 1976 Code of Laws, as amended, and Section 48-1-10 et seq. of the 1976 Code of Laws, as amended. It shall be enforced in accordance with interpretations and public health reasons approved by the Department.

(2) The Department may temporarily suspend a permit for a violation of this regulation.

(3) The Department may revoke a permit for a violation of this regulation. The Department will revoke a permit when:

(a) the onsite wastewater system is malfunctioning and sewage is discharging to the ground or the groundwater, the holder of the permit has received notice that the system is malfunctioning, the Department has given notice that repairs must be made within a reasonable period of time, the holder of the permit has not made the repairs, and the system continues to discharge sewage to the ground or the groundwater; or

(b) the onsite wastewater system is malfunctioning and sewage is discharging to the ground or the groundwater, the holder of the permit has received notice that the system is malfunctioning, the Department has given notice that a wastewater treatment facility is accessible for connection.

(4) Following revocation under R.61-56.302.3.a, the holder of the revoked permit can obtain a repair permit and make the necessary repairs to the system. After the Department approves the repairs pursuant to Section 103.3 of this regulation, the holder of the permit will operate the onsite wastewater system under the terms of the new permit.

(5) In addition to the authority to suspend and revoke permits, the Department may seek enforcement and issue civil penalties in accordance with SC Code Ann. Sections 44-1-150 and 48-1-320, 330, and 340. The Department shall have the authority to assess and suspend civil penalties if the violations of this regulation are corrected in a period of time established by the Department.

(6) A Department decision involving the issuance, denial, renewal, modification, suspension, or revocation of a permit may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1 and Title 1, Chapter 23. Any person to whom an order or enforcement letter is issued may appeal it pursuant to applicable law, including S.C. Code Title 44, Chapter 1 and Title 1, Chapter 23.

303. REPEAL AND DATE OF EFFECT

This regulation shall become effective as provided in Section 1-23-10 et seq. of the 1976 Code of Laws of South Carolina, as amended, and shall repeal Department of Health and Environmental Control R. 61-56 of the Code of Laws of South Carolina, 1976; except that, Sections 200.6(2) and 200.6(4) shall become effective on January 1, 2009, and existing Sections V.E(b) and (c) shall remain in effect until that date.

304. CHANGES IN USE THAT IMPACT EXISTING ONSITE WASTEWATER SYSTEMS

If the use of a dwelling or facility is changed such that additions or alterations are proposed which increase wastewater flow, change wastewater characteristics, or compromise the integrity or function of the system, the onsite wastewater system shall be brought into full compliance with this regulation. Alterations that change the wastewater characteristics or increase wastewater flow will require the owner to apply for and receive an approval for the upgrade/expansion prior to any alterations.

305. SEVERABILITY CLAUSE

Should any section, 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.

400. APPENDICES OF STANDARDS FOR ONSITE WASTEWATER SYSTEMS

401. APPENDIX A - SYSTEM STANDARD 150 - LARGE (greater than 1500 GPD) AND COMMUNITY ONSITE WASTEWATER SYSTEMS

401.1 SITE/PERMITTING REQUIREMENTS

(1) The Department may require that designs for large and community onsite wastewater systems be prepared by a Registered Professional Engineer licensed in the State of South Carolina. Further, the Department may require whatever engineering and soils based submittals are deemed necessary to determine the feasibility and acceptability of any site for such a system.

(2) The depth to the zone of saturation (ZOS) shall be at least thirty-six (36) inches below the naturally occurring soil surface, and at least six (6) inches below the deepest point of effluent application.

(3) The depth to any restrictive horizon must be greater than twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(4) The Long-Term Acceptance Rate for system sizing shall be based upon the most hydraulically limiting, naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(5) There shall be at least fifty (50) percent reserved subsurface wastewater infiltration area repair or replacement area available consisting of soils suitable for a large onsite wastewater system, except where public (community) systems are utilized, in which case there must be at least one hundred (100) percent repair or replacement area.

(6) Large (greater than 1500 gpd) and community onsite wastewater systems incorporating advanced treatment methods, including but not limited to aerobic pre-treatment, lagoons, surface or subsurface drip irrigation, low pressure pipe distribution, and other maintenance intensive methods, shall be required to obtain a Land Application Permit under R. 61-9.505.

(7) Efforts to circumvent the requirements of this standard by configuring remote, individually deeded, adjacently located subsurface wastewater infiltration areas in lieu of a community onsite wastewater system shall not be permitted. On a very limited basis, a few of these individual systems may be considered for mass installation where the wastewater infiltration trenches will be adjacent to each other in a defined area, provided that the combined peak wastewater loading is less than fifteen hundred (1500) gpd. In such cases:

(a) each subsurface wastewater infiltration area plot shall be sized such that there is sufficient area for one hundred (100) percent subsurface wastewater infiltration area replacement.

(b) Each plot shall be deeded with all appropriate easements as a lot in conjunction with the specific unit that it serves, and required protective offsets, as described in Section 200.6, shall apply to each individual remote subsurface wastewater infiltration area.

(c) A plan shall be prepared by a Registered Professional Engineer licensed in the State of South Carolina that illustrates the overall plan; specifies the route and identification of effluent sewers and forcemains; specifies the entity responsible for perpetual maintenance of the sewer lines and mass subsurface wastewater infiltration area; specifies the configuration and identification of the individual subsurface wastewater infiltration area parcels; and specifies the manner in which ingress and egress will be provided to the individual subsurface wastewater infiltration area parcels.

(d) When the combined peak wastewater loading of the adjacently located subsurface wastewater infiltration areas from the entire project will exceed fifteen hundred (1500) gpd, the project shall be considered as a public (community) collection and treatment system, and all requirements described in Section 102.5 and this standard shall apply.

401.2 INSTALLATION REQUIREMENTS

(1) Large (greater than 1500 gpd) and community onsite wastewater systems shall not be constructed in fill material, and shall not be placed any closer to receptors than one hundred (100) feet.

(2) Conventional wastewater infiltration trenches installed in the naturally occurring soil and having a width of thirty-six (36) inches shall be utilized.

(3) Wherever possible, designs that favor long wastewater infiltration trenches, convex landscape positions, and rectangular subsurface wastewater infiltration area configurations shall be required.

(4) All tree/brush removal shall be done in a manner that minimizes the disturbance or loss of naturally occurring soil.

401.3 COMMUNITY OR CLUSTER COLLECTION AND TREATMENT ONSITE WASTEWATER SYSTEMS

(1) An onsite wastewater system serving more than one (1) piece of deeded property shall be considered as a public (community) collection and treatment system.

(2) A permit activity will not occur that is inconsistent with a plan or plan amendment approved under Section 208(b) of the Clean Water Act, unless the Department finds such variance necessary to protect the public's health, safety and welfare.

(3) A public entity shall own the system and shall be responsible for the operation, maintenance and replacement of all components unless otherwise approved by the Department. The Department may consider a request from a private entity or person; however such proposals must be evaluated on a case-by-case basis. The Department will evaluate the capability of long-term, reliable system operation in its evaluation of a permit request.

(4) If the project is owned by a private entity or person, the Department shall require financial assurances for the operation, maintenance, and replacement of the tank(s) and subsurface wastewater infiltration area system and relevant collection/pumping components.

(5) Sufficient area meeting the minimum requirements for large onsite wastewater systems shall be provided for at least one hundred (100) percent repair or replacement of the primary subsurface wastewater infiltration area.

(6) The collection sewer and pumping portions of a community onsite wastewater system shall receive a separate Construction Permit under R. 61-67.300.

(7) The permit holder shall be required to properly operate and maintain in good working order, and operate as efficiently as possible, all facilities and systems which are installed or used to achieve compliance with the terms and conditions of the permit.

402. APPENDIX B - SYSTEM STANDARD 210/211 - SHALLOW PLACEMENT WITH 9-INCH AGGREGATE DEPTH

402.1 SITE/PERMITTING REQUIREMENTS

(1) There must not be a zone of saturation (ZOS) within twenty-four (24) inches of the naturally occurring soil surface.

(2) The depth to any restrictive horizon must be greater than twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(3) The texture in the upper eighteen (18) inches of naturally occurring soil may either be Class I, II, III, or IV.

(4) The Long-Term Acceptance Rate for system sizing shall be based upon the most hydraulically limiting naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(5) Due to the decreased sidewall absorption area and the increased potential for ground water mounding near the surface, the Equivalency Factors for these systems shall be calculated by conventional wastewater infiltration trenches and increased by an additional factor of 0.09 times.

(6) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(7) This system must not be used on sloping sites that require serial distribution unless it can be demonstrated that the entire wastewater infiltration trench installation (i.e., side wall to side wall and end to end) can meet the required textural limitations and the required offsets to the zone of saturation and restrictive horizons. Level installations on slightly sloping sites can be considered if the above requirements can be met.

(8) This system cannot be considered for facilities with peak flow rates in excess of fifteen hundred (1500) gallons per day.

402.2 INSTALLATION REQUIREMENTS

(1) Serial distribution is restricted (see item 7. above).

(2) The wastewater infiltration trench aggregate shall be nine (9) inches in depth and shall be covered with at least nine (9) inches of backfill.

(3) The maximum wastewater infiltration trench width shall be thirty-six (36) inches; the minimum width shall be eighteen (18) inches.

(4) The maximum depth of the bottom of the wastewater infiltration trench shall be eighteen (18) inches below the naturally occurring soil surface unless it can be demonstrated that deeper placement can meet the required textural limitations and the offsets to the zone of saturation and restrictive horizons.

(5) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

(6) All tree and brush removal shall be done in a manner that minimizes the disturbance or loss of naturally occurring soil.

402.3 FINAL LANDSCAPING AND DRAINAGE

(1) Installation of drainage swales, ditches, curtain drains, and rain gutters may be required to divert or intercept water away from the onsite wastewater system location to a positive outfall. The septic tank and subsurface wastewater infiltration area shall be backfilled and shaped to promote surface water runoff.

(2) A barrier to preclude parking and vehicular traffic over the system area may be required.

(3) Following final landscaping, seeding or sodding may be required to prevent erosion.

(4) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

403. APPENDIX C - SYSTEM STANDARD 220/221 - SHALLOW PLACEMENT WITH 6-INCH AGGREGATE DEPTH

403.1 SITE/PERMITTING REQUIREMENTS

(1) There must not be a zone of saturation (ZOS) within twenty-one (21) inches of the naturally occurring soil surface.

(2) The depth to any restrictive horizon must be greater than twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(3) The texture in the upper eighteen (18) inches of naturally occurring soil may either be Class I, II, III, or IV.

(4) The Long-Term Acceptance Rate for system sizing shall be based upon the most hydraulically limiting naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(5) Due to the decreased sidewall absorption area and the increased potential for ground water mounding near the surface, the Equivalency Factors for these systems shall be calculated by conventional wastewater infiltration trenches and increased by an additional factor of 0.12 times.

(6) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(7) This system must not be used on sloping sites that require serial distribution unless it can be demonstrated that the entire wastewater infiltration trench installation (i.e., side wall to side wall and end to end) can meet the required textural limitations and the required offsets to the zone of saturation and restrictive horizons. Level installations on slightly sloping sites can be considered if the above limitations can be met.

(8) This system cannot be considered for facilities with peak flow rates in excess of fifteen hundred (1500) gallons per day.

403.2 INSTALLATION REQUIREMENTS

(1) Serial distribution is restricted (see Section 403.1(7)).

(2) The wastewater infiltration trench aggregate shall be six (6) inches in depth and shall be covered with at least nine (9) inches of backfill.

(3) The maximum wastewater infiltration trench width shall be thirty-six (36) inches; the minimum width shall be eighteen (18) inches.

(4) The maximum depth of the bottom of the wastewater infiltration trench shall be fifteen (15) inches below the naturally occurring soil surface unless it can be demonstrated that deeper placement can meet the required textural limitations and the offsets to the zone of saturation and restrictive horizons.

(5) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

(6) All tree and brush removal shall be done in a manner that minimizes the disturbance or loss of naturally occurring soil.

403.3 FINAL LANDSCAPING AND DRAINAGE

(1) Installation of drainage swales, ditches, curtain drains, and rain gutters may be required to divert or intercept water away from the onsite wastewater system location to a positive outfall. The septic tank and subsurface wastewater infiltration area shall be backfilled and shaped to promote surface water runoff.

(2) A barrier to preclude parking and vehicular traffic over the system area may be required.

(3) Following final landscaping, seeding or sodding may be required to prevent erosion.

(4) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

404. APPENDIX D - SYSTEM STANDARD 230/231 - SHALLOW PLACEMENT SYSTEM WITH 14-INCH AGGREGATE DEPTH WITH FILL CAP

404.1 SITE/PERMITTING REQUIREMENTS

(1) There must not be a zone of saturation (ZOS) within twenty (20) inches of the naturally occurring soil surface.

(2) The depth to any restrictive horizon must be greater than twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(3) The texture in the upper eighteen (18) inches of naturally occurring soil must be no more limiting than Class III.

(4) This system must not be utilized on sites that require serial distribution. Level installations on slightly sloping sites can be considered if it can be demonstrated that the entire installation (i.e., side wall to side wall and end to end) will meet the required textural limitations and the required offsets to the zone of saturation and restrictive horizons.

(5) The Long-Term Acceptance Rate for system sizing shall be based upon the most hydraulically limiting naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(6) The total linear footage of wastewater infiltration trenches shall be the same as that required for conventional systems.

(7) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(8) This system cannot be considered for facilities with peak flow rates in excess of fifteen hundred (1500) gallons per day.

404.2 INSTALLATION REQUIREMENTS

(1) The maximum wastewater infiltration trench width must not exceed thirty-six (36) inches; the minimum width shall be eighteen (18) inches.

(2) The maximum depth of the bottom of the wastewater infiltration trench shall be fourteen (14) inches below the naturally occurring soil surface unless it can be demonstrated that deeper placement can meet the required textural limitations and the offsets to the zone of saturation and restrictive horizons.

(3) The depth of the fill cap shall provide a minimum of twelve (12) inches backfill above the top of the wastewater infiltration trench aggregate. (see attached illustration)

(4) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

(5) The required fill cap must extend at least five (5) feet beyond the limits of the subsurface wastewater infiltration trenches, and must taper to the original soil surface at a slope not to exceed 10 percent. (see attached illustration). The required property line setback shall be measured from the point at which the fill cap taper intersects with the natural soil surface.

(6) The required fill material must be soil texture Class I, Class II or Class III and be devoid of extraneous debris such as organic matter, building materials, etc.

(7) The wastewater infiltration trench aggregate shall be fourteen (14) inches in depth.

(8) All tree/brush removal shall be done in a manner that minimizes the disturbance or loss of naturally occurring soil.

404.3 FINAL LANDSCAPING AND DRAINAGE

(1) The septic tank and fill cap area shall be backfilled and shaped to promote the runoff of surface water.

(2) Where natural surface drainage does not exist, a swale shall be constructed adjacent to the fill cap area to divert surface water away from the onsite wastewater system to a positive outfall. The installation of ditches, curtain drains, and rain gutters may be required to intercept and divert water away from the onsite wastewater system location.

(3) A barrier to preclude parking and vehicular traffic over the system area may be required.

(4) Following final landscaping, seeding or sodding may be required to prevent erosion.

(5) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

405. APPENDIX E - SYSTEM STANDARD 240/241 - ULTRA-SHALLOW PLACEMENT WITH 6-INCH AGGREGATE DEPTH WITH FILL CAP

405.1 SITE/PERMITTING REQUIREMENTS

(1) There must not be a zone of saturation (ZOS) within twelve (12) inches of the naturally occurring soil surface.

(2) The depth to any restrictive horizon must be greater than twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(3) The soil texture in the upper eighteen (18) inches of naturally occurring soil must be no more limiting than Class III.

(4) This system must not be utilized on sites that require serial distribution. Level installations on slightly sloping sites can be considered if it can be demonstrated that the entire installation (i.e., side wall to side wall and end to end) will meet the required textural limitations and the required offsets to the zone of saturation and restrictive horizons.

(5) No part of this system can be installed within one hundred twenty-five (125) feet of the critical area line or tidal waters as determined by the Department; or within one hundred twenty-five (125) feet of the ordinary high water elevation within the banks of non-tidal, environmentally sensitive waters.

(6) The Long-Term Acceptance Rate for system sizing shall be based upon the most hydraulically limiting naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(7) Due to the decreased sidewall area and the increased potential for ground water mounding near the surface, the Equivalency Factors for these systems shall be calculated by conventional wastewater infiltration trenches and increased by an additional factor of 0.12 times.

(8) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(9) This system cannot be considered for facilities with peak flow rates in excess of fifteen hundred (1500) gallons per day.

405.2 INSTALLATION REQUIREMENTS

(1) The maximum wastewater infiltration trench width must not exceed thirty-six (36) inches; the minimum width shall be 18 inches.

(2) The maximum depth of the bottom of the wastewater infiltration trench shall be six (6) inches below the naturally occurring soil surface unless it can be demonstrated that deeper placement can meet the required textural limitations and offsets to the zone of saturation and restrictive horizons.

(3) The depth of the fill cap shall provide a minimum of twelve (12) inches backfill above the top of the wastewater infiltration trench aggregate (see attached illustration).

(4) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

(5) The required fill cap must extend at least five (5) feet beyond the limits of the subsurface wastewater infiltration trenches, and must taper to the original soil surface at a slope not to exceed of 10 percent. (see attached illustration) The required property line setback shall be measured from the point at which the fill cap taper intersects with the natural soil surface.

(6) The required fill material must be soil texture Class I, Class II, or Class III, and be devoid of extraneous debris such as organic matter, building materials, etc.

(7) The wastewater infiltration trench aggregate shall be six (6) inches in depth.

(8) All tree/brush removal shall be done in a manner that minimizes the disturbance or loss of naturally occurring soil.

405.3 FINAL LANDSCAPING AND DRAINAGE

(1) The septic tank and fill cap area shall be backfilled and shaped to promote the runoff of surface water.

(2) Where natural surface drainage does not exist, a swale shall be constructed adjacent to the fill cap area to divert surface water away from the onsite wastewater system to a positive outfall. The installation of ditches, curtain drains, and rain gutters may be required to intercept and divert water away from the onsite wastewater system location.

(3) A barrier to preclude parking and vehicular traffic over the system area may be required.

(4) Following final landscaping, seeding or sodding may be required to prevent erosion.

(5) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

406. APPENDIX F - SYSTEM STANDARD 250/251 - RESERVOIR INFILTRATION SYSTEM FOR SOILS WITH EXPANSIVE CLAY

406.1 SITE/PERMITTING REQUIREMENTS

(1) Rock formations must be greater than four (4) feet below the naturally occurring soil surface.

(2) For standard installations (see Typical Design Illustration A), the wastewater infiltration trenches must penetrate the saprolite at least six (6) inches. Also, there must be an offset greater than twelve (12) inches between the bottom of the trenches and any rock formations. (i.e. there must be greater than eighteen (18) inches of clean, unconsolidated saprolite below the expansive clay layer.)

(3) If the unconsolidated saprolite layer is greater than sixty (60) inches below the naturally occurring soil surface (see Typical Design Illustration B), item 2. (above) shall apply and clean medium sand shall be added to the trenches so that the top of the aggregate will be twelve (12) inches below finished grade.

(4) There must be no evidence of a zone of saturation (ZOS) in the unconsolidated saprolite layer.

(5) The Long-Term Acceptance Rate shall not exceed 0.25 gpd/sq. ft.

(6) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(7) Sites to be considered for this system shall be evaluated using backhoe pits to describe the soil profile.

(8) This system cannot be considered for facilities with peak flow rates in excess of fifteen hundred (1500) gallons per day.

(a) Clean, unconsolidated saprolite shall be defined as: Soft, friable, thoroughly decomposed rock that has formed in place by chemical weathering, retaining the fabric and structure of the parent rock, and being devoid of expansive clay. Unconsolidated saprolite can be dug using a hand auger or knife. Consolidated saprolite cannot be penetrated with a hand auger or similar tool, and must be dug with a backhoe or other powered equipment.

(b) Expansive clay shall be defined as soils containing significant amounts of expansible-layer clay minerals or smectites as evidenced in the field by classifications of Very Sticky and Very Plastic and Structure Grades of Weak or Structureless when evaluated in accordance with the Field Book. Such soils are considered to be unsuitable for onsite wastewater systems.

406.2 INSTALLATION REQUIREMENTS

(1) The aggregate depth shall be twenty-four (24) inches.

(2) The depth of medium sand will vary between zero (0) and one hundred twenty (120) inches, depending upon the depth to the saprolite layer.

(3) The trench width shall be thirty-six (36) inches.

(4) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

(5) The backfill shall range from twelve (12) inches to thirty-six (36) inches for standard installations (see Typical Design Illustration A), and shall be twelve (12) inches where the depth to saprolite is greater than sixty (60) inches below the naturally occurring soil surface (see Typical Design Illustration B).

406.3 FINAL LANDSCAPING AND DRAINAGE

(1) On sites where there is evidence of a zone of saturation at the soil-expansive clay interface, a curtain drain must be placed upslope along a contour and must extend the entire length of the subsurface wastewater infiltration area. The curtain drain shall extend a minimum of six (6) inches into the expansive clay layer. The septic tank and subsurface wastewater infiltration area shall be backfilled and shaped to promote surface water runoff.

(2) Following final landscaping, seeding or sodding may be required to prevent erosion.

(3) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

407. APPENDIX G - SYSTEM STANDARD 260/261 - 9-INCH SHALLOW PLACEMENT SYSTEM WITH FILL CAP

407.1 SITE/PERMITTING REQUIREMENTS

(1) There must not be a zone of saturation (ZOS) within fifteen (15) inches of the naturally occurring soil surface.

(2) The depth to any restrictive horizon must be greater than twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(3) The texture in the upper eighteen (18) inches of naturally occurring soil must be no more limiting than Class III.

(4) This system must not be utilized on sites that require serial distribution. Level installations on slightly sloping sites can be considered if it can be demonstrated that the entire installation (i.e., side wall to side wall and end to end) will meet the required textural limitations and the required offsets to the zone of saturation and restrictive horizons.

(5) The Long-Term Acceptance Rate for system sizing shall be based upon the most hydraulically limiting naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(6) Due to the decreased sidewall absorption area and the increased potential for ground water mounding near the surface, the Equivalency Factors for these systems shall be calculated by conventional wastewater infiltration trenches and increased by an additional factor of 0.09 times.

(7) No part of this system can be installed within 125 feet of the critical area line or tidal waters as determined by the Department; or within 125 feet of the ordinary high water elevation within the banks of non-tidal, environmentally sensitive waters.

(8) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(9) This system cannot be considered for facilities with peak flow rates in excess of fifteen hundred (1500) gallons per day.

407.2 INSTALLATION REQUIREMENTS

(1) The maximum wastewater infiltration trench width must not exceed thirty-six (36) inches; the minimum width shall be eighteen (18) inches.

(2) The maximum depth of the bottom of the wastewater infiltration trench shall be nine (9) inches below the naturally occurring soil surface unless it can be demonstrated that deeper placement can meet the required textural limitations and the offsets to the zone of saturation and restrictive horizons.

(3) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

(4) The depth of the fill cap shall provide a minimum of twelve (12) inches backfill above the top of the wastewater infiltration trench aggregate (see attached illustration).

(5) The required fill cap must extend at least five (5) feet beyond the limits of the wastewater infiltration trenches, and must taper to the original soil surface at a slope not to exceed 10 percent (see attached illustration). The required property line setback shall be measured from the point at which the fill cap taper intersects with the naturally occurring soil surface.

(6) The required fill material must be soil texture Class I, Class II, or Class III, and be devoid of extraneous debris such as organic matter, building materials, etc.

(7) The wastewater infiltration trench aggregate shall be nine (9) inches in depth.

(8) All trees/brush removal shall be done in a manner that minimizes the disturbance or loss of naturally occurring soil.

407.3 FINAL LANDSCAPING AND DRAINAGE

(1) The septic tank and fill cap area shall be backfilled and shaped to promote the runoff of surface water.

(2) Where natural surface drainage does not exist, a swale shall be constructed adjacent to the fill cap area to divert surface water away from the onsite wastewater system to a positive outfall. The installation of ditches, curtain drains, and rain gutters may be required to intercept and divert water away from the onsite wastewater system location.

(3) A barrier to preclude parking and vehicular traffic over the system area may be required.

(4) Following final landscaping, seeding or sodding may be required to prevent erosion.

(5) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

408. APPENDIX H - SYSTEM STANDARD 270/271 - ALTERNATIVE TRENCH WIDTH AND DEPTH SYSTEMS

408.1 SITE/PERMITTING REQUIREMENTS

(1) Lot size or suitable area must be too small to accommodate a conventional or alternative onsite wastewater system.

(2) This Standard and associated systems shall not be used to calculate minimum lot sizes in new subdivisions approved after the effective date of this standard.

(3) Soil conditions, the depth to rock and other restrictive horizons, the depth to the zone of saturation (ZOS), and the elevation differential between the septic tank outlet and the highest wastewater infiltration trench(es) must meet applicable standards for conventional or alternative onsite wastewater systems.

(4) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(5) This system cannot be considered for facilities with peak flow rates in excess of fifteen hundred (1500) gallons per day unless the trench width is three (3) feet and the aggregate depth is between fourteen (14) and twenty-eight (28) inches.

(6) The linear footage requirement for an alternative width and depth system shall be determined by first figuring the conventional (36 inch wide with 14 inch aggregate depth) linear footage requirements and then multiplying by the appropriate factor based on desired trench width and aggregate depth as computed in the following table:

-------------------------------------------------------------------------------

FACTORS (F) FOR MAINTAINING EQUIVALENT INFILTRATIVE SURFACE AREA

-------------------------------------------------------------------------------

TRENCH WIDTH AGGREGATE DEPTH (in.)

(ft.)

-------------------------------------------------------------------------------

XXXXXXXX 6'* 9'** 14' 20' 24' 28'

-------------------------------------------------------------------------------

1.5' 2.39 1.94 1.39 1.10 0.97 0.87

-------------------------------------------------------------------------------

2.0' 1.99 1.66 1.23 1.00 0.89 0.80

-------------------------------------------------------------------------------

2.5' 1.71 1.46 1.10 0.91 0.82 0.75

-------------------------------------------------------------------------------

3' 1.50 1.30 1.00 0.84 0.76 0.70***

-------------------------------------------------------------------------------

4' 1.20 1.06 0.84 0.73 0.67 0.62

-------------------------------------------------------------------------------

5' 1.00 0.89 0.73 0.64 0.59 0.55

-------------------------------------------------------------------------------

6' 0.85 0.78 0.64 0.57 0.53 0.50

-------------------------------------------------------------------------------

7' 0.74 0.68 0.57 0.52 0.49 0.46

-------------------------------------------------------------------------------

8' 0.66 0.61 0.52 0.47 0.45 0.42

-------------------------------------------------------------------------------

9' 0.59 0.55 0.47 0.43 0.41 0.39

-------------------------------------------------------------------------------

10' 0.54 0.51 0.43 0.40 0.38 0.36

-------------------------------------------------------------------------------

F = 5.34 ft2/ ft___ 2 Where, 5.34 ft2/ft = total infiltrative surface area

(SwD / 12) + TW per linear foot of conventional type trench 36 in.

wide, 14 in. deep

* Factors reflect a 12 SwD = Side Wall Depth (in.)

percent increase TW = Trench Width (ft)

** Factors reflect a 9

percent increase

*** Use system code

360/380

-------------------------------------------------------------------------------

408.2 INSTALLATION REQUIREMENTS

(1) Trench widths shall always be kept as narrow as possible and shall not exceed 10 feet.

(2) The aggregate depth shall be between six (6) inches and twenty-eight (28) inches when considering trench widths ranging from one and one-half (1 1/2 ) to ten (10) feet (see chart). The aggregate depth may be increased to a maximum of forty-two (42) inches, provided the trench width does not exceed thirty-six (36) inches (Note: in these cases, the equivalency formula should be utilized to determine the appropriate factor (F) when considering aggregate depths between 28 and 42 inches). All trenches shall be covered with at least nine (9) inch of backfill.

(3) Methods of construction which preclude vehicular compaction of the trench bottom must always be utilized.

408.3 FINAL LANDSCAPING AND DRAINAGE

(1) Installation of drainage swales, ditches, diversion drains, or rain gutters may be required to divert or intercept water away from the onsite wastewater system location. The septic tank and subsurface wastewater infiltration area shall be backfilled and shaped to promote surface water runoff.

(2) A barrier to preclude parking and vehicular traffic over the area of the system may be required.

(3) Following final landscaping, seeding or sodding may be required to prevent erosion.

(4) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

409. APPENDIX I - SYSTEM STANDARD 280/281 - RESERVOIR INFILTRATION SYSTEM FOR SOILS WITH EXPANSIVE CLAY SHALLOW ROCK FORMATIONS

409.1 SITE/PERMITTING REQUIREMENTS

(1) Rock formations must be rippable (see Section 409.1(9)(b)) to a depth greater than four (4) feet below the naturally occurring soil surface.

(2) The soil wastewater infiltration trenches must penetrate the saprolite at least six (6) inches, and there must be an offset greater than twelve (12) inches between the trench bottoms and any rock formations (i.e., there must be at least six (6) inches of clean, unconsolidated saprolite below the expansive clay layer, and medium sand may be added to the excavation to achieve an offset from rock that exceeds twelve (12) inches).

(3) There must be no evidence of a zone of saturation (ZOS) in the unconsolidated saprolite layer.

(4) The Long-Term Acceptance Rate shall not exceed 0.20-gpd/sqft.

(5) Effluent discharged to this system must receive a higher degree of treatment than that provided by a conventional septic tank. (i.e. two compartment septic tank or two septic tanks in series)

(6) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(7) No part of this system can be installed within one hundred twenty-five (125) feet of the ordinary high water elevation within the banks of environmentally sensitive waters.

(8) Sites to be considered for this system shall be evaluated using backhoe pits to describe the soil profile.

(9) This system cannot be considered for facilities with peak flow rates in excess of fifteen hundred (1500) gallons per day.

(a) Clean, unconsolidated saprolite shall be defined as: Soft, friable thoroughly decomposed rock that has formed in place by chemical weathering, retaining the fabric and structure of the parent rock, and being devoid expansive clay. Unconsolidated saprolite can be dug using a hand auger or knife. Consolidated saprolite cannot be penetrated with a hand auger or similar tool, and must be dug with a backhoe or other powered equipment.

(b) Rippable rock shall be defined as formations that can be readily dug with a standard rubber-tired backhoe.

(c) Expansive clay shall be defined as soils containing significant amounts of expansible-layer clay minerals (smectites) as evidenced in the field by classifications of Very Sticky and Very Plastic and Structure Grades of Weak or Structureless when evaluated in accordance with the Field Books. Such soils are considered to be unsuitable for onsite wastewater systems.

409.2 INSTALLATION REQUIREMENTS

(1) The aggregate depth shall be at least twenty-four (24) inches.

(2) The trench width shall be thirty-six (36) inches.

(3) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

409.3 FINAL LANDSCAPING AND DRAINAGE

(1) On sites where there is evidence of a zone of saturation at the soil-expansive clay interface, a curtain drain must be placed upslope along a contour and must extend the entire length of the subsurface wastewater infiltration area. The curtain drain shall extend a minimum of six (6) inches into the expansive clay layer. Also, the septic tank and subsurface wastewater infiltration area shall be backfilled and shaped to promote surface water runoff.

(2) Final approval shall be withheld until all landscaping, drainage, and other requirements have been satisfactorily completed.

(3) Following final landscaping, seeding or sodding may be required to prevent erosion.

(4) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

410. APPENDIX J - SYSTEM STANDARD 370/371 - SHALLOW PLACEMENT WITH FILL CAP FOR SITES WITH SHALLOW CLASS IV SOIL

410.1 SITE/PERMITTING REQUIREMENTS

(1) There must not be a zone of saturation (ZOS) within twelve (12) inches of the naturally occurring soil surface.

(2) The depth to any restrictive horizon must be greater than twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(3) This system must not be utilized on sites that require serial distribution. Level installations on slightly sloping sites can be considered if it can be demonstrated that the entire installation (i.e., side wall to side wall and end to end) will meet the required textural limitations and the required offsets to the zone of saturation and restrictive horizons.

(4) No part of this system can be installed within 125 feet of the ordinary high water elevation within the banks of environmentally sensitive waters.

(5) This system may be considered for installation on contiguous lots in new subdivisions approved after the effective date of this standard provided a setback of at least seventy-five (75) feet is maintained between the system and all adjacent property lines. The seventy-five (75) foot setback shall be measured from the point at which the fill cap taper intersects with the naturally occurring soil surface.

(6) This system cannot be considered for facilities with peak sewage flow rates in excess of four hundred eighty (480) gallons per day. In addition, this system shall not be considered for facilities requiring grease traps.

(7) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(8) The Long-Term Acceptance Rate for system sizing shall be based upon the most hydraulically limiting naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

410.2 INSTALLATION REQUIREMENTS

(1) This system cannot utilize serial distribution.

(2) Effluent discharged to this system must receive a higher degree of treatment than that provided by a conventional septic tank (i.e. two compartment septic tank or two septic tanks in series).

(3) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

(4) The required fill cap must extend at least five (5) feet beyond the limits of the wastewater infiltration trenches, and it must taper to the original soil surface at a slope not to exceed 10 percent (see attached sketch). The required seventy-five (75) feet property line setback shall be measured from the point at which the fill cap taper intersects with the naturally occurring soil surface.

(5) The required fill material must be soil texture Class I, Class II or Class III and be void of extraneous debris such as organic matter, building materials, etc.

(6) The depth of the fill cap shall provide a minimum of twelve (12) inches backfill above the top of the wastewater infiltration trench aggregate.

(7) The wastewater infiltration trench width shall be thirty-six (36) inches.

(8) All tree and brush removal shall be done in a manner that minimizes the disturbance or loss of naturally occurring soil.

(9) The following criteria shall be utilized in the selection and design of these systems:

-------------------------------------------------------------------------------

Depth to ZOS Depth to Class IV Amount of Imported Fill Extension

(Inches) Soil (Inches) Cap/Aggregate Depth Factor

(Inches)

-------------------------------------------------------------------------------

12 18 12/6 1.5

-------------------------------------------------------------------------------

13 17 12/6 1.5

-------------------------------------------------------------------------------

14 16 12/6 1.5

-------------------------------------------------------------------------------

15 15 12/9 1.3

-------------------------------------------------------------------------------

16 14 12/9 1.3

-------------------------------------------------------------------------------

17 13 12/9 1.3

-------------------------------------------------------------------------------

18 12 12/9 1.3

-------------------------------------------------------------------------------

19 11 12/9 1.3

-------------------------------------------------------------------------------

20 10 12/9 1.3

-------------------------------------------------------------------------------

Note: refer to the design sketch (typical) for detail.

410.3 FINAL LANDSCAPING AND DRAINAGE

(1) The septic tank and fill cap area shall be backfilled and shaped to promote the runoff of surface water.

(2) Where natural surface drainage does not exist, a swale shall be constructed adjacent to the filled area to divert surface water away from the onsite wastewater system to a positive outfall. The installation of ditches, curtain drains, and rain gutters may be required to intercept and divert water away from the onsite wastewater system location.

(3) A barrier to preclude parking and vehicular traffic over the system area may be required.

(4) Following final landscaping, seeding or sodding may be required to prevent erosion.

(5) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

411. APPENDIX K - SYSTEM STANDARD 380/381 - DOUBLE AGGREGATE DEPTH WASTEWATER INFILTRATION TRENCHES

411.1 SITE/PERMITTING REQUIREMENTS

(1) Use of the double aggregate depth option must be restricted to soils that meet all textural limitations and required offsets to the zone of saturation (ZOS) and restrictive horizons.

(2) Systems incorporating the double aggregate depth option shall be loaded on the basis of the most hydraulically limiting naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(3) In order to maintain the same total absorptive area as that provided by conventional aggregate depth systems, the equivalent linear footage requirement for thirty-six (36) inch wide double aggregate depth trenches shall be determined by multiplying the conventional trench requirement by a factor of 0.7.

(4) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

411.2 INSTALLATION REQUIREMENTS

(1) The wastewater infiltration trench aggregate shall be twenty-eight (28) inches in depth, and shall be placed so as to provide twenty (20) inches of aggregate below the pipe, five (5) inches beside the pipe, and three (3) inches above the pipe. The aggregate shall be covered with at least nine (9) inches of backfill.

(2) The wastewater infiltration trench width shall be thirty-six (36) inches.

(3) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

411.3 FINAL LANDSCAPING AND DRAINAGE

(1) Installation of drainage swales, ditches, curtain drains, and rain gutters may be required to divert or intercept water away from the onsite wastewater system location. The septic tank and subsurface wastewater infiltration area shall be backfilled and shaped to promote surface water runoff.

(2) Following final landscaping, seeding or sodding may be required to prevent erosion.

(3) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

412. APPENDIX L - SYSTEM STANDARD 420/421 - MOUNDED INFILTRATION SYSTEM

412.1 SITE/PERMITTING REQUIREMENTS

(1) The texture in the upper twelve (12) inches of naturally occurring soil must be Class I or Class II.

(2) The soil texture in the permeable substratum must be no more limiting than Class II.

(3) There must not be a zone of saturation (ZOS) within six (6) inches of the naturally occurring soil surface.

(4) The depth to any restrictive horizon must be greater than twelve (12) inches below the bottom of the proposed wastewater infiltration trenches.

(5) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(6) Prior to permitting the onsite wastewater system, delineation of any affected jurisdictional wetlands may be required. Should any part of the proposed onsite wastewater system be located in jurisdictional wetlands, approval from the appropriate permitting agency(s) (i.e., US Army Corp. of Engineers, SCDHEC OCRM, etc.) shall be received, and proof of such provided to the Department.

(7) No part of this system can be installed within 125 feet of the critical area line or tidal waters as determined by the Department; or within 125 feet of the ordinary high water elevation within the banks of non-tidal, environmentally sensitive waters.

(8) This system cannot be considered for facilities with peak flow rates in excess of four hundred eighty (480) gallons per day. In addition, this system shall not be considered for facilities requiring grease traps.

(9) This system may not be installed on sites that flood.

(10) This system must not be utilized on sites that require serial distribution. Level installations on slightly sloping sites can be considered if it can be demonstrated that the entire installation (i.e., side wall to side wall and end to end) will meet the required textural limitations and the required offsets to the zone of saturation and restrictive horizons.

(11) The total linear footage of six (6) inch deep, thirty-six (36) inch wide wastewater infiltration trenches shall be increased by 100 percent over that which would be required for conventional trenches, as determined by the Long-Term Acceptance Rate of the permeable substratum.

(12) This system may be considered for installation on contiguous lots in new subdivisions approved after the effective date of this standard provided a setback of at least seventy-five (75) feet is maintained between the system and all adjacent property lines. The seventy-five (75) foot setback shall be measured from the point at which the fill cap taper intersects with the naturally occurring soil surface.

412.2 INSTALLATION REQUIREMENTS

(1) Site Preparation

(a) The naturally occurring soil surface underlying the area of the wastewater infiltration trenches shall be thoroughly tilled and mixed with the imported medium sand to a depth of six (6) inches.

(b) All tree and brush removal shall be done in a manner that minimizes the disturbance or loss of naturally occurring soil.

(2) Fill and System (see ref. sketch)

(a) The fill cap and buffer shall be Class I, Class II, or Class III.

(b) The depth of the fill cap shall provide a minimum of twelve (12) inches backfill above the top of the wastewater infiltration trench aggregate (see ref. sketch).

(c) Where gravity flow from the septic tank to the subsurface wastewater infiltration area is utilized, the invert elevation of the septic tank outlet shall be installed at an elevation at least equal to or higher than the top of the aggregate in the highest wastewater infiltration trench(es).

(d) The fill buffer shall be at least fifteen (15) feet in width.

(e) The fill taper shall be at least twenty (20) feet in width.

(f) The required property line setback shall be measured from the point at which the fill cap taper intersects with the naturally occurring soil surface.

(g) The total fill depth, excluding the taper zone, shall be at least eighteen (18) inches above the naturally occurring soil surface.

(h) The wastewater infiltration trenches shall be installed in a Class I fill pad at least six (6) inches in depth, which extends five (5) feet beyond the trenches in all directions.

(i) The wastewater infiltration trenches require a total aggregate depth of six (6) inches.

(j) The wastewater infiltration trench width shall be thirty-six (36) inches.

(k) Infiltration trenches shall penetrate the permeable substratum and shall be at least two (2) feet in width containing USDA medium sand, washed concrete sand, or other material approved by the Department.

(l) Effluent discharged to this system must receive a higher degree of treatment than that provided by a conventional septic tank (i.e. two compartment septic tank or two septic tanks in series).

412.3 FINAL LANDSCAPING AND DRAINAGE

(1) The septic tank and fill cap area shall be backfilled and shaped to promote the runoff of surface water.

(2) Where natural surface drainage does not exist, a swale shall be constructed adjacent to the filled area to divert surface water away from the onsite wastewater system to a positive outfall. The installation of ditches, curtain drains, and rain gutters may be required to intercept and divert water away from the onsite wastewater system location.

(3) A barrier to preclude parking and vehicular traffic over the system area may be required.

(4) Following final landscaping, seeding or sodding may be required to prevent erosion.

(5) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

413. APPENDIX M - SYSTEM STANDARD 431 - MOUNDED FILL SYSTEM

413.1 SITE/PERMITTING REQUIREMENTS

(1) This system shall not be used on sites that are subject to flooding.

(2) The texture in the upper eighteen (18) inches of naturally occurring soil must be Class I or Class II.

(3) The absorption bed within the mound shall be sized on the Long-Term Acceptance Rate of the most limiting texture in the upper eighteen (18) inches of naturally occurring soil.

(4) The linear footage of the absorption bed shall be determined in accordance with Standard 270.

(5) The absorption bed width shall be minimum of five (5) feet and a maximum of 10 feet.

(6) Mounded fill systems must not be placed on sites with a slope in excess of three (3) percent.

(7) No part of this system can be installed within 125 feet of the critical area line or tidal waters as determined by the Department; or within 125 feet of the ordinary high water elevation within the banks of non-tidal, environmentally sensitive waters. Because of the long buffer, side slope, fill pad, and taper associated with this system, the one hundred twenty-five (125) foot setback shall be measured from the outer edge of the aggregate bed within the mound.

(8) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(9) Prior to permitting the onsite wastewater system, delineation of any affected jurisdictional wetlands may be required. Should any part of the proposed onsite wastewater system be located in jurisdictional wetlands, approval from the appropriate permitting agency(s) (i.e., US Army Corp. of Engineers, SCDHEC Ocean and Coastal Resource Management, etc.) shall be received and proof of such provided to the Department.

(10) This system cannot be considered for facilities with peak flow rates in excess of four hundred eighty (480) gallons per day. In addition, this system shall not be considered for facilities requiring grease traps.

(11) Effluent discharged to this system must receive a higher degree of treatment than that provided by a conventional septic tank (i.e. two compartment septic tank or two septic tanks in series).

(12) This system may be considered for installation on contiguous lots in new subdivisions approved after the effective date of this standard provided a setback of at least seventy-five (75)_feet is maintained between the system and all adjacent property lines. Because of the long buffer, side slope, fill pad, and taper associated with this system, the seventy-five (75) foot setback shall be measured from the outer edge of the aggregate bed within the mound.

413.2 INSTALLATION REQUIREMENTS

(1) Site Preparation

(a) If present within eighteen (18) inches of the naturally occurring soil surface, organic material and restrictive horizons must be removed from beneath the mound and replaced with USDA medium sand, washed concrete sand, or an equivalent material approved by the Department. The replacement area must extend five (5) feet in all directions beyond the edges of the aggregate filled absorption bed.

(b) The naturally occurring soil surface underlying the mound shall be thoroughly tilled and mixed with the imported mound fill material to a depth of six (6) inches.

(2) Mound/Absorption Bed Requirements

(a) Low Pressure Pipe Distribution (LPP) must be utilized to preclude localized hydraulic overloading of the imported fill material and to minimize the impact on the shallow zone of seasonal saturation.

(b) There must be at least twenty-four (24) inches of medium sand placed between the naturally occurring soil surface and the bottom of the absorption bed. Also, the bottom surface of the absorption bed must be placed at least twenty-four (24) inches above the zone of saturation.

(c) If the slope of the site in the proposed mound area is one (1) percent or less, then the mound shall be placed on a twelve (12) inch fill pad which must extend twenty (20) feet beyond the mound in all directions. If the slope of the site in the proposed mound area is greater than one (1) percent but less than or equal to three (3) percent, then the mound shall be placed on a twelve (12) inch deep fill pad which must extend twenty (20) feet beyond the mound area on the sides of the mound; forty (40) feet beyond the mound area on the down slope side of the mound; with no fill pad required on the upslope side of the mound.

(d) The mound and fill pad material shall be USDA medium sand, washed concrete sand, or other equivalent material approved by the Department.

(e) The depth of the fill cap material above the absorption bed shall be nine (9) to fifteen (15) inches of soil texture Class II or III. Sod may be substituted for four (4) inches of this portion of the fill cap material. (see attached illustration).

(f) The depth of the fill cap material above the mound side-slope, the twelve (12) inch deep fill pad, and the taper shall be at least four (4) inches of soil texture Class II or III. Sod may be substituted for this portion of the fill cap material. (see attached illustration).

(g) A 1:2 maximum slope is required if the mound side-slope and taper are sodded.

(h) A 1:4 maximum slope is required if the mound side-slope and taper are mulched and seeded.

(3) Final Landscaping And Drainage Requirements

(a) The septic tank and mound area shall be backfilled and shaped to promote the runoff of surface water.

(b) Where natural surface drainage does not exist, a swale shall be constructed adjacent to the filled area to divert surface water away from the onsite wastewater system to a positive outfall. The installation of ditches, curtain drains, and rain gutters may be required to intercept and divert water away from the onsite wastewater system location.

(c) A barrier to preclude parking and vehicular traffic over the system area may be required.

(d) Following final landscaping, seeding or sodding may be required to prevent erosion.

(e) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

414. APPENDIX N - SYSTEM STANDARD 601 - ELEVATED INFILTRATION SYSTEM

414.1 SITE/PERMITTING REQUIREMENTS

(1) The texture in the upper eighteen (18) inches of naturally occurring soil must be Class I or Class II.

(2) The filter shall not be placed on slopes greater than three (3) percent.

(3) This system cannot be considered for facilities with peak flow rates in excess of four hundred eighty (480) gallons per day. In addition, this system shall not be considered for facilities requiring grease traps.

(4) There shall be a buffer of at least fifty (50) feet surrounding and separating the system from all adjacent property lines. This buffer shall be measured from the retaining wall.

(5) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(6) This system shall not be placed on sites that flood.

(7) No part of this system can be installed within 125 feet of the critical area line or tidal waters as determined by the Department; or within 125 feet of the ordinary high water elevation within the banks of non-tidal, environmentally sensitive waters.

(8) Prior to permitting the onsite wastewater system, delineation of any affected jurisdictional wetlands may be required. Should any part of the proposed onsite wastewater system be located in jurisdictional wetlands, approval from the appropriate permitting agency(s) (i.e., US Army Corp. of Engineers, SCDHEC Ocean and Coastal Resource Management, etc.) shall be received, and proof of such provided to the Department. The absorption bed shall be sized on the most limiting soil texture class in the upper eighteen (18) inches of naturally occurring soil.

(9) The total bottom area of the filter must be increased by fifty (50) percent above that required for conventional trenches.

(10) This system may be considered for installation on contiguous lots in new subdivisions approved after the effective date of this standard provided a setback of at least seventy-five (75) feet is maintained between the system and all adjacent property lines. The seventy-five (75) foot setback shall be measured from the point at which the retaining wall intersects the naturally occurring soil surface.

414.2 INSTALLATION REQUIREMENTS

(1) Site Preparation

(a) If present within eighteen (18) inches of the naturally occurring soil surface, organic material and restrictive horizons must be removed from beneath the filter and replaced with USDA medium sand, washed concrete sand, or an equivalent material approved by the Department.

(b) The naturally occurring soil surface underlying the filter shall be thoroughly tilled and mixed with the imported filter material to a depth of six (6) inches.

(2) System Requirements

(a) The filter must be constructed to a height of at least thirty-six (36) inches above the original grade, with the sewage effluent passing through at least twenty-four (24) inches of filter material.

(b) The filter material shall be USDA medium sand, washed concrete sand or other material approved by the Department.

(c) The filter retaining wall shall extend at least four (4) inches above the surface of the filter material and shall penetrate the naturally occurring soil surface at least four (4) inches.

(d) The filter retaining wall shall be constructed in accordance with the accompanying design illustrations.

(e) Effluent discharged to this system must receive a higher degree of treatment than that provided by a conventional septic tank (i.e., two compartment septic tank or two septic tanks in series).

(f) The top of the filter shall be capped with Class II or Class III soil, and shall slope from center to edges in order to promote surface runoff.

(3) Distribution Requirements

(a) Low Pressure Pipe Distribution (LPP) must be utilized to preclude localized hydraulic overloading of the imported fill material and to minimize the impact on the shallow zone of saturation.

(b) Pump design shall be in accordance with Department standards.

414.3 FINAL LANDSCAPING AND DRAINAGE REQUIREMENTS

(1) Fill material shall be placed around the outside of the filter to a depth of 1 foot, and shall slope to original grade at a point five (5) feet from the retaining wall.

(2) The septic tank and filter area shall be backfilled and shaped to promote the runoff of surface water.

(3) Where natural surface drainage does not exist, a swale shall be constructed adjacent to the filter to divert surface water away from the onsite wastewater system to a positive outfall. The installation of ditches, curtain drains, and/or rain gutters may be required to intercept and divert water away from the onsite wastewater system location.

(4) Following final landscaping, seeding or sodding may be required to prevent erosion.

(5) Final approval shall be withheld until all landscaping and drainage improvements have been satisfactorily completed.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

415. APPENDIX O - SYSTEM STANDARD 610 - SPECIALIZED ONSITE WASTEWATER SYSTEM DESIGNS (LESS THAN 1500 GPD)

(1) This Standard shall not apply to the following:

(a) Projects where two or more pieces of deeded property will share a common system.

(b) Residential or commercial projects where the individual or combined peak sewage flow is estimated to be in excess of fifteen hundred (1500) gpd.

(c) Projects that discharge wastes containing high amounts of fats, grease, and oil, including restaurants and other food service facilities, unless the system manufacturer certifies that the proposed system is designed to treat such high strength wastes.

(d) Industrial process wastewater.

(2) Each site must first be evaluated by the county health department in accordance with R. 61-56 and approved standards.

(a) If the site is found to be unsuitable, the applicant will be notified of these findings in the review letter and offered the opportunity to pursue an approval for a specialized onsite wastewater system design.

(b) If the site is found to be suitable for a conventional or alternative system, a Permit To Construct will be issued for the appropriate system. Following this activity, the applicant still has the right to pursue a specialized onsite wastewater system design in accordance with the procedures outlined herein. In such cases, the required engineering and soils documentation shall be submitted and the Permit To Construct shall be revised to reflect the specific system to be utilized before construction begins.

(3) After the requirements listed in Item 2. (above) are satisfied, a site may be considered for a specialized onsite wastewater system design if written documentation provided by the consulting engineer, including soil studies performed by a Professional Soil Classifier, indicates that the proposed system will function satisfactorily and in accordance with all requirements of R. 61-56. Such substantiating documentation must include the following:

(a) A Soils Report from a Professional Soil Classifier licensed in the State of South Carolina including detailed soil profile descriptions and Soil Series classification(s) utilizing methods and terminology specified in the Field Book for Describing and Sampling Soils; depth to the zone of saturation utilizing methods and terminology outlined in Redoximorphic Features for Identifying Aquic Conditions, and other appropriate principles specified in Soil Taxonomy; the depth to restrictive horizons; and a description of topography and other pertinent land features.

(b) Delineation of any affected jurisdictional wetlands, if applicable. Should any part of the proposed onsite wastewater system be located in jurisdictional wetlands, approval from the appropriate permitting agency(s) |i.e., US Army Corps of Engineers, SCDHEC Ocean and Coastal Resource Management, etc.f shall accompany the application for a specialized onsite wastewater system design.

(c) There shall be a replacement area equivalent to at least fifty (50) percent in size of the original system area held in reserve for system repair. This area shall have a suitable configuration, and shall meet the minimum soil and site conditions of R. 61-56.

(d) A plan that has been sealed, signed, and dated by a Professional Engineer licensed in the State of South Carolina certifying that the proposed onsite wastewater system has been designed in accordance with the requirements of R. 61-56 and will function satisfactorily. The plan should also show an area equivalent to at least fifty (50) percent in size of the original system held in reserve for system repair.

(e) The manufacturer's recommendations for operation and maintenance of the system, and the consulting engineer's management plan to meet this.

(4) Any Permit To Construct that is issued pursuant to this standard shall be based upon the consulting engineer's design, certification, and other supporting documentation provided by the Professional Soil Classifier.

(5) The consulting engineer shall be responsible for supervising construction of the system and providing the county health department with a certified "as built" plan of the actual installation. Any Final Approval that is released pursuant to this standard shall be based upon this engineering certification.

416. APPENDIX P - CURTAIN DRAIN STANDARD

416.1 MINIMUM CONSTRUCTION REQUIREMENTS

(1) Only pipe having received written approval from the Department may be utilized in curtain drains. This approval shall be based upon the pipe meeting all applicable ASTM standards.

(2) The aggregate used in curtain drains shall be a material approved by the Department and shall range in size from one-half ( 1/2 ) inch to two and one-half (2 1/2 ) inches. Fines are prohibited.

(3) The curtain drain trench shall be at least six (6) inches wide.

(4) The curtain drain shall be placed ten (10) feet upslope and twenty-five (25) feet down slope of a subsurface wastewater infiltration area or repair area. Where the aggregate portion of the curtain is installed at the same or lower (down slope) elevation relative to an adjacent subsurface wastewater infiltration area or repair area, the aggregate portion of the curtain must be a minimum of twenty-five (25) feet from adjacent the subsurface wastewater infiltration area or repair area.

(5) The trench bottom shall have a uniform slope to the discharge point. A minimum one (1) percent fall (12 inches per 100 feet) shall be utilized. Trench excavation with a ditch witch is permissible provided the trench bottom has a uniform down slope gradient.

(6) The solid discharge (non-aggregate) line shall be fifteen (15) feet from adjacent subsurface wastewater infiltration area or repair area.

(7) The down slope side of the trench toward the subsurface wastewater infiltration area shall have a minimum six (6) mil poly or an equivalent strong, treated impervious material draped from the trench surface to the trench bottom to prevent groundwater from bridging the curtain drain.

(8) Agricultural drainpipe (slitted) with a minimum diameter of four (4) inches shall be placed along the trench bottom in the aggregate portion. Perforated pipe is acceptable, provided the perforations are installed facing either sideways or upward.

(9) There shall be at least two (2) inches of aggregate beneath the drainpipe.

(10) The aggregate shall be brought to at least six (6) inches from the ground surface.

(11) The aggregate shall be covered with a strong, untreated pervious material to prevent infiltration of back fill material.

(12) Solid drainpipe with a minimum diameter of four (4) inches shall be placed along the trench bottom from the aggregate to the discharge point.

(13) The curtain drain must discharge to the ground surface past the last wastewater infiltration trench line.

(14) Rodent barriers on discharge pipe outlet(s) are required.

(15) If the curtain drain's trench bottom depth exceeds thirty (30) inches, it shall be inspected prior to the aggregate being installed to insure proper trench depth and grade. It is acceptable to place the pipe and aggregate in the trench prior to the final inspection when a probe rod can be used to accurately measure trench bottom depth.

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

GRAPHICAL IMAGE APPEARS HERE; USE JUMP TO DISPLAY

500. APPENDIX Q - LONG-TERM ACCEPTANCE RATE STANDARD FOR ONSITE WASTEWATER SYSTEMS

-------------------------------------------------------------------------------

USDA-NRCS SOIL CHARACTERISTICS WHEN MOIST (FIELD TEST) LONG-TERM

SOIL ACCEPTANCE

TEXTURE RATE (GPD/SF)

-------------------------------------------------------------------------------

Sand (S) Sandy has a gritty feel, does not stain the 0.9-1.0 Class I

fingers, and does not form ribbon or ball when

wet or moist.

-------------------------------------------------------------------------------

Loamy Sand Loamy sand has a gritty feel, stains the

(LS) fingers, forms a weak ball, and cannot be

handled without breaking.

-------------------------------------------------------------------------------

Sandy Loam Sandy loam has a gritty feel and forms a ball 0.7-0.8 Class

(SL) that can be picked up with the fingers and II

handled with care without breaking.

-------------------------------------------------------------------------------

Loam (L) Loam may have a slightly gritty feel but does

not show a fingerprint, and forms only short

ribbons of from 0.25-0.50 inch. Loam will form

a ball that can be handled without breaking.

-------------------------------------------------------------------------------

Sandy Clay Sandy clay loam has a gritty feel but contains

Loam enough clay to form a firm ball, and may

(SCL) ribbon from 0.75-1.0 inch.

-------------------------------------------------------------------------------

Clay Loam Clay loam is sticky when moist, forms a ribbon 0.5-0.6 Class

(CL) of 1.0-2.0 inches, and produces a slight sheen III

when rubbed with the thumbnail. Clay loam

produces a nondistinct fingerprint.

-------------------------------------------------------------------------------

Silt Loam Silt loam has a floury feel when moist and will

(SiL) show a fingerprint, but will not ribbon and

forms only a weak ball.

-------------------------------------------------------------------------------

Silty Clay Silty clay loam has a slight floury feel, is

Loam sticky when moist, and will ribbon from

(SiCL) 1.0-2.0 inches. Rubbing with thumbnail

produces a moderate sheen. Silty clay loam

produces a distinct fingerprint.

-------------------------------------------------------------------------------

Sandy Clay Sandy clay is plastic, gritty, and sticky when 0.1-0.4 Class

(SC) moist, forms a firm ball, and produces a IV

ribbon in excess of 2.0 inches.

-------------------------------------------------------------------------------

Clay ( C ) Clay is both sticky and plastic when moist,

produces a ribbon in excess of 2.0 inches,

produces a high sheen when rubbed with the

thumbnail, and forms a strong ball resistant

to breaking.

-------------------------------------------------------------------------------

Silty Clay Silty clay has a slight floury feel, is both

(SiC) sticky and plastic when moist, forms a ball,

and produces a ribbon in excess of 2.0 inches.

-------------------------------------------------------------------------------

(1) The long-term acceptance rate for system sizing shall be based upon the most hydraulically limiting naturally occurring soil texture from the ground surface to twelve (12) inches below the bottom of the proposed wastewater infiltration trenches. Alternative and experimental systems installed beneath expansive soils shall be sized at a long-term acceptance rate not to exceed 0.2-0.25 GPD/SF as specified in approved standards.

(2) Soil texture shall be estimated by field testing as described above. Laboratory determination of soil texture may be substituted for field testing when conducted in accordance with: (1) Bouyoucos, G.J. 1962. Hydrometer Method Improved for Making Particle Size Analyses of Soils. Agron. J. 53:464-465; (2) ASTM D-422 Procedures for Sieve and Hydrometer Analyses; or (3) the Pipette Method (ASA-CSSA-SSSA), USDA Methods of Soils Analysis, Soil Survey Laboratory Information Manual, and Soil Survey Laboratory Methods Manual.

(3) The total linear feet (LF) for conventional onsite wastewater systems shall be calculated by dividing the peak daily flow (GPD) by the long-term acceptance rate (GPD/SF) and dividing the result by the trench width (FT): LF = GPD / GPD/SF / FT. The total linear feet for alternative systems may either be increased or decreased in accordance with factors specified in alternative standards.

501. APPENDIX R - PEAK SEWAGE FLOW RATE STANDARD

-------------------------------------------------------------------------------

ESTABLISHMENT UNIT PEAK FLOW RATE

GAL/UNIT/DAY

-------------------------------------------------------------------------------

Airport (Not Including Food Passenger 3

Service)

-------------------------------------------------------------------------------

Assembly Halls Person 3

-------------------------------------------------------------------------------

Bar (Not Including Food Service) Customer 5

Seat 15

-------------------------------------------------------------------------------

Beauty/Style Shops/Barber Shops Chair 100

-------------------------------------------------------------------------------

Businesses/Offices/Factories Employee/Shift 15

Transient Employee (4 10

hrs or Less/Shift)

(Add for Showers) Employee 10

-------------------------------------------------------------------------------

Camps (No Laundry)

-Labor/Summer/Retreat Person 35

(Separate Food Service) Person 10

(Separate Bath House) Person 25

-Day Camps (with meal) Person 15

(without meal) Person 10

-------------------------------------------------------------------------------

Campgrounds (No Laundry)

-Full Water/Sewer Campsite 120

-No Sewer Risers, Bathhouse only Campsite 50

(Add for Dump Station) Campsite 40

-------------------------------------------------------------------------------

Car Wash (Non-automatic) Bay 500

-------------------------------------------------------------------------------

Church (No Daycare)

-With Kitchen Seat 3

-Without Kitchen Seat 2

-Family Life Center Person 5

-------------------------------------------------------------------------------

Day Care Child 10

-------------------------------------------------------------------------------

Food Service

-Full Service Utensils Meal 4

Person 10

Seat 40

-Paper/Plastic Utensils Reduce by 50

percent

-------------------------------------------------------------------------------

Golf Course Club House Player 10

(Not Including Foodservice)

-------------------------------------------------------------------------------

Kennel Run 25

-------------------------------------------------------------------------------

Laundromat Machine 500

-------------------------------------------------------------------------------

Mortuary Body 25

-------------------------------------------------------------------------------

Motel (Not Including Food Service) Room 100

-------------------------------------------------------------------------------

Picnic Park Visitor 10

-------------------------------------------------------------------------------

Public Restroom User 3

-------------------------------------------------------------------------------

Residential

(i.e., Bedroom 120

Apartment/Condominium/Individual

Dwelling, including Resort

Rental and Resort Residence)

-------------------------------------------------------------------------------

Residential Care Resident 100

-------------------------------------------------------------------------------

School

-With Cafeteria, Gym & Showers Student 15

-With Cafeteria only Student 10

-Without Cafeteria, Gym or Showers Student 8

-Boarding School Person 60

-------------------------------------------------------------------------------

Stadium (Not Including Food Seat/Occupancy 3

Service)

-------------------------------------------------------------------------------

Swimming Area Bathhouse Person 10

-------------------------------------------------------------------------------

Visitor Center Visitor 5

-------------------------------------------------------------------------------

The peak flow rate (GPD) for non-residential facilities may either be increased or reduced when comparable peak water consumption data for similar establishments in similar locations vary from the requirement. When considering such data, at least twelve (12) consecutive months must be presented with the maximum month of consumption and the days of operation per month being utilized to arrive at the peak flow rate (GPD).

600. APPENDIX S - ONSITE WASTEWATER PUMP SYSTEM STANDARD

600.1 PUMP TANK (GENERAL)

(1) The submersible sewage effluent pump(s) must be housed in a properly vented, watertight tank that is readily accessible from the surface.

(2) A watertight access opening with removable lid shall be provided, and shall be designed and maintained to prevent surface water inflow. Risers and other pump tank sections, where present, shall be joined using mastic, butyl rubber, or other pliable sealant that is waterproof, corrosion-resistant, and approved for use in septic tanks.

(3) When the pump tank must be located in an area characterized by a shallow zone of seasonal saturation, the Department may require the use of a pre-cast manhole, a fiberglass or polyethylene basin, or any other acceptable method for preventing groundwater intrusion.

(4) When the pump tank must be located in an area that is environmentally sensitive or subject to flooding, applicable portions of R. 61-67, Standards for Wastewater Facility Construction, shall apply.

(5) The pump tank shall have sufficient capacity to accommodate all level control and alarm switches; to keep the pump(s) totally submersed in liquid at all times; and to provide the required dosing volume and minimum pump run time. It is strongly recommended that pump tank capacities be as large as possible (i.e., 500-1000 gal.) in order to provide emergency storage in the event of pump or power failure.

(6) Pre-engineered, manufactured packaged pump stations can be utilized in lieu of the composite design described herein, provided the pump meets the minimum capacity requirements of the system and no alterations are made to the pump station other than those specifically authorized by the manufacturer.

600.2 MINIMUM PUMPING RATES (PEAK INFLOW) AND MINIMUM RUN TIMES

(1) For residential systems, the maximum daily flow entering the pump tank shall be based upon one hundred twenty (120) gpd per bedroom. For commercial and other facilities, this value shall be based upon the Standard for Determining Sewage Flow Rates from Commercial and Recreational Establishments.

(2) The minimum pumping rate (peak inflow) for discharges up to fifteen hundred (1500) gpd shall be determined as follows:

Maximum Estimated Daily Flow Minimum Pumping Rate

(gpd) (peak inflow) (gpm)

-------------------------------------------------------------------------------

480 and less 10

481-720 15

721-1500 20

(3) The minimum pumping rate (peak inflow) for discharges in excess of fifteen hundred (1500) gpd shall be determined by multiplying the average flow rate (gpm) times a peaking factor of not less than 2.5, where the average flow rate is based upon actual minutes per day of facility operation.

(4) The minimum pump run time for all pump systems shall be determined as follows:

Minimum Pumping Rate Minimum Pump Run time

(peak inflow) (gpm) (min)

-------------------------------------------------------------------------------

10-14 3

15-24 4

25 and above 5

600.3 MINIMUM DOSING VOLUME, SCOURING VELOCITY, AND PUMP CAPACITY

(1) The minimum dosing volume (gal) shall be determined by multiplying the minimum pumping rate (gpm) times the minimum pump run time (min).

(2) The selected pump(s) must have the capacity to deliver the minimum pumping rate (gpm) at a scouring velocity of at least one (1) ft/sec (effluent) or two (2) ft/sec (raw) against the total dynamic head of the system. This minimum pump capacity (gpm at total feet of dynamic head) shall be specified on SCDHEC Form 1739.

(3) Duplex pumps shall be required when the maximum estimated daily flow is equal to or greater than fifteen hundred (1500) gallons, and each pump shall meet the minimum capacity as stated above.

(4) In those cases where the minimum pump capacity or any other system requirements exceed what can be specified thru the use of this Standard, the Department shall require the applicant to retain the services of a Registered Professional Engineer.

600.4 FORCE MAIN, VALVES, AND FITTINGS

(1) The force main shall be Schedule 40 PVC, and the diameter shall be sufficient to provide a velocity of at least one (1) ft/sec (effluent) or two (2) ft/sec (raw) using a C Factor of 150 (effluent) or 140 (raw) at the minimum pumping rate (peak inflow). Fittings and valves shall be of compatible corrosion resistant material.

(2) A threaded union, flange, or similar disconnect device shall be provided in each pump discharge line. The pump(s) shall be easily removable at ground surface without requiring entrance into the tank. Valves shall also be readily accessible from the ground surface. Duplex pump systems shall be equipped with a separate pit or box for the placement and operation of valves.

(3) A shutoff valve (eg., gate valve) and a check valve shall be located on the discharge line from each pump. The check valve shall be placed between the pump and the shutoff valve.

(4) A three-sixteenths (3/16) inch anti-siphon hole(s) shall be placed between the pump(s) and the check valve(s) when the discharge elevation of the distribution system is below the inlet to the pump tank.

(5) In cases where the force main must be installed over undulating terrain, automatic air relief valves shall be placed at high points in the line to prevent air locking.

(6) The force main effluent shall discharge into a separate discharge box or distribution manifold before entering either a septic tank or a soil wastewater infiltration trench. The flow shall be directed to the bottom of the box thru a PVC elbow, or into a distribution manifold at an angle of ninety (90) degrees to the septic tank or first wastewater infiltration trench.

600.5 Pumps, Control Devices and Electrical Connections

(1) Pumps shall be listed by Underwriter's Laboratory or an equivalent third party testing and listing agency, and shall be specifically manufactured for use with domestic wastewater.

(2) Sealed mercury control floats or similar devices designed for detecting liquid levels in septic tank effluent shall be provided to control pump cycles. A separate level sensing device shall be provided to activate an audible and visible high water alarm. Pump-off levels shall be set to keep the pump submerged at all times.

(3) Pump and control circuits shall be provided with manual circuit disconnects within a watertight, corrosion resistant, outside enclosure (NEMA 4X or equivalent) adjacent to the pump tank, securely mounted at least twelve (12) in. above finished grade, unless installed within a weather-tight building. Alarm circuits shall be supplied ahead of any pump overload or short circuit protective devices. The pump(s) shall be manually operable without requiring special tools or entrance into the tank for testing purposes. Conductors shall be conveyed to the disconnect enclosure through water proof, gas proof, and corrosion resistant conduit(s), with no splices or junction boxes provided inside the tank. Wire grips, duct seal, or other suitable material shall be used to seal around wire and wire conduit openings inside the pump tank and disconnect enclosure.

(4) For systems requiring duplex pumps, each pump shall operate in a lead-lag sequence and be on an alternating cycle. A control panel shall be provided which shall include short circuit protection for each pump and for the control system, independent disconnects, automatic pump sequencer, hands-off-automatic (H-O-A) switches, run lights, and elapsed time counters for each pump.

600.6 FINAL INSPECTION AND APPROVAL

(1) Before or during final inspection, the property owner or agent shall provide literature, including a pump curve, describing the specific pump installed. The inspector shall evaluate the system in accordance with this Standard, and shall confirm that all items, including the minimum pump capacity specified on SCDHEC Form 1739, have been satisfied.

(2) Prior to final approval, the installer or electrician shall provide the Department with written documentation verifying that pump system electrical connections were made in accordance with all applicable codes. The Department may require testing of the pump system, demonstration of watertight integrity, or any other procedure deemed necessary to confirm the acceptability of the installation.

600.7 Raw Sewage Pump Stations

(1) In those cases where it is necessary to pump raw sewage from a residence or facility to an onsite wastewater system, the pump station shall meet all applicable portions of this Standard and R. 61-67, Standards for Wastewater Facility Construction.

(2) Adherence to the pump manufacturer's recommendations shall also be a major consideration with such systems.

700. APPENDIX T - MINIMUM DESIGN STANDARDS FOR TANK CONSTRUCTION

700.1 INTRODUCTION

The following standards describing tank designs intended to be utilized for septic tanks, grease traps, or pump chambers for onsite wastewater disposal systems have been adopted in an effort to assure a quality product of sufficient strength and resistance, capable of fulfilling its intended purpose.

700.2 DESIGN APPROVAL

(1) No person shall manufacture tanks intended to be utilized for septic tanks, grease traps, or pump chambers for onsite wastewater disposal systems without receiving approval from the Department. All manufactured tanks must receive approval of design and reinforcement methods prior to manufacturing.

(2) Any person desiring to manufacture tanks shall make written application on forms provided by the Department. Such application shall include the name and address, the location of the facility, tank capacity and design information.

(3) Prior to approval, the Department shall review the tank design, reinforcement and manufacturing methods to determine compliance.

(4) The Department shall approve plans for manufactured tanks to insure compliance with the South Carolina Minimum Design Standards for Tank Construction.

(5) The Department shall approve plans for fabricated tanks, other than those for precast reinforced concrete tanks, on an individual basis. Fabricated tanks shall meet the requirements of precast reinforced concrete tanks to provide equivalent effectiveness.

(6) The Department shall issue an approval to the tank manufacturer if the tank design, reinforcement and manufacturing method complies with the South Carolina Minimum Design Standards for Tank Construction. Tank manufacturing approvals are not transferable. When a change of ownership occurs, the new owner shall make written application on forms provided by the Department.

(7) The Department shall revoke approval to manufacture tanks for onsite wastewater disposal systems if the tank manufacturer fails to comply with the South Carolina Minimum Design Standards for Tank Construction.

700.3 GENERAL

(1) Septic tanks and grease traps shall be manufactured as single compartment or partitioned tanks.

(2) If septic tanks and grease traps are manufactured with a partition so that the tank contains two (2) compartments, the inlet compartment of the tank shall contain two-thirds (2/3) of the overall capacity and the outlet compartment shall contain one-third (1/3) of the overall capacity. The top of the partition shall terminate two inches below the bottom side of the tank top in order to leave space for air or gas passage between compartments. The top and bottom halves of the partition shall be constructed in such manner as to leave a four (4) inch water passage at the vertical mid point of the partition wall for the full width of the tank.

(3) The minimum liquid capacity requirements shall be met by the use of a single septic tank or two or more tanks installed in series. Septic tanks joined in series shall be interconnected by an upper effluent pipe(s) with a minimum diameter of four (4) inches and a lower sludge pipe(s) with a minimum diameter of twelve (12) inches. The upper connection(s) shall be installed level from tank to tank, and the lower sludge pipe connection(s) shall be installed level and shall be placed twelve (12) inches above the bottoms of the tanks. The lower sludge pipe connection(s) can be eliminated if the first tank in series contains at least two-thirds of the total required liquid capacity. There shall be no more than two (2) inches of fall from the inlet invert of the first tank to the outlet invert of the last tank in series.

(4) It is required that all pump chambers function as a single compartment tank. If a two (2) compartment tank is used, at least two (2) six (6) inch diameter holes or equivalent, must be provided in the partition wall six (6) inches from the tank bottom.

(5) The septic tank and grease trap tank length shall be at least two (2) but not more than three (3) times the width.

(6) The liquid depth shall not be less than four (4) feet.

(7) A minimum of nine (9) inches of freeboard shall be provided in all tanks, unless otherwise approved by the Department.

(8) Useable liquid capacity for septic tanks or grease traps shall not be less than one thousand (1000) gallons.

(9) The pump tank shall have sufficient capacity to accommodate all level control and alarm switches; to keep the pump(s) totally submersed in liquid at all times; and to provide the required dosing volume and minimum pump run time. It is strongly recommended that pump tank capacities be as large as possible in order to provide emergency storage in the event of pump or power failure.

(10) There shall be a minimum of two (2) openings in the tank wall, located at inlet and outlet ends of the tank. The knockouts for the inlet and outlet openings of pre-cast tanks shall have a concrete thickness of not less than one (1) inch in the tank wall. The openings shall allow for a minimum of four (4) inch pipe or a maximum of six (6) inch pipe. No openings shall be permitted below the tank liquid level.

(11) The inlet and outlet for septic tanks and grease traps shall be a cast-in-place concrete tee, a polyvinyl chloride (PVC) tee, or a polyethylene (PE) tee, made of not less than Schedule 40 pipe or equivalent fittings and material. The cast-in-place concrete tees shall have a minimum thickness of not less than two (2) inches. The invert of the outlet shall be at least two (2) inches lower in elevation than the invert of the inlet. The inlet and outlet tees shall extend above liquid depth to approximately one (1) inch from the top of the tank to allow venting between tank compartments and multiple tank configurations.

(12) The inlet tee for septic tanks and grease traps shall extend sixteen (16) inches below the liquid level.

(13) The outlet tee for a septic tank shall extend eighteen (18) inches below the liquid level and the outlet tee for a grease trap shall extend between six (6) and twelve (12) inches above the tank bottom.

(14) The inlet, outlet and wiring conduit openings of all tanks must utilize a resilient, watertight, non-corrosive connective sleeve. The use of grout is prohibited.

(15) Access to each tank or compartment shall be provided by an opening located above the inlet and outlet with an inside dimension of at least eighteen (18) inches square (18 x 18) or in diameter, with removable tank access lids.

(16) Concrete tank access lids shall be equipped with steel lift rings at least three-eighths (3/8) inch diameter, or by an alternative method approved by the Department.

(17) Should risers or manholes be utilized to allow access into septic tanks, grease traps or pump chambers, the risers/manholes cover shall be constructed to prevent the release of odors, entry of vectors and water. Grade level riser/manhole covers shall be secured by bolts or locking mechanisms, or have sufficient weight to prevent unauthorized access. The ground shall slope away from any access extended to grade level.

(18) Risers/manholes shall be sealed to the tank by using bituminous mastic, butyl rubber, or other pliable sealant that is waterproof, corrosion-resistant, and approved for use in tank construction. The sealant shall have a minimum size of one (1) inch diameter or equivalent. The joint shall be smooth, intact, and free of all deleterious substances before sealing.

(19) After curing, all multi-piece tanks shall be joined and sealed at the joints by using a bituminous mastic, butyl rubber, or other pliable sealant that is waterproof, corrosion-resistant, and approved for use in tank construction. The sealant shall have a minimum size of one (1) inch diameter or equivalent. The joint shall be smooth, intact, and free of all deleterious substances before sealing. The use of grout is prohibited.

(20) All tanks must pass the ASTM C-1227 Standard for watertight testing. The Department will choose tanks at random for testing. Tanks will be approved for use in South Carolina after the Department ascertains that the standard is met. After joining, tanks manufactured in multiple sections shall be plastered along the section joints with hydraulic cement or other waterproofing sealant. Other methods of waterproofing tanks may be used as specifically approved in the plans and specifications for the tank. Prior to backfilling, the local health department shall make a finding that multiple section tanks are watertight if a soil wetness condition is present within five feet of the elevation of the top of the tank. Any tank found to be improperly sealed, having cracks or holes, which will allow for water infiltration or discharge of sewage from the tank bottom, walls or top, will not be approved for use.

(21) Tank manufacturers must have equipment and capabilities for portion control to maintain constant mixture formulation ratios and provide for systematic inspection of finished products to insure compliance with the minimum tank construction and design standards.

(22) The concrete mix used for concrete tank components must be formulated to yield a minimum twenty-eight (28) day compressive strength of four thousand (4,000) pounds per square inch (psi).

(23) The aggregate size utilized in the concrete mix shall not exceed one-third (1/3) of the wall thickness. Suitable aggregates include sand particle sizes from a fine to one-fourth (1/4) inch gravel or crushed stone. Granite dust or fine screenings from a crusher operation may be used in lieu of sand.

(24) An identifying seal must be cast or permanently affixed by an approved method from the Department on the outlet tank wall within six (6) inches of the top. The identifying seal shall identify the manufacturer and the liquid capacity of the tank. The tank's cast date shall be located on the identifying seal or imprinted on the top of the tank within six (6) inches from outlet tank wall near the identifying seal. The lettering on the identifying seal or date imprinted on the top of the tank shall be no more than six (6) inches in height.

(25) The tank manufacturer shall guarantee all tanks in writing for two (2) years against failure due to poor workmanship and materials.

(26) Changes in approved tank design, construction, and alternative reinforcing methods will not be allowed without prior approval from the Department.

700.4 PRE-CAST CONCRETE NON-FIBER REINFORCED SEPTIC TANKS AND GREASE TRAPS

(1) The tank walls and bottom shall be reinforced with six inch by six inch (6 x 6) ten (10) gauge wire mesh.

(2) Tank tops shall be reinforced with six by six inch (6 x 6) ten (10) gauge wire mesh, a minimum of five (5) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls beginning at the center spaced twelve (12) inches apart, and four (4) sections of three-eighths (3/8) inch diameter steel reinforcing bars placed diagonally from the corners to the center of the tank. The length of the perpendicular reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall. The length of the four (4) diagonal steel reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall and six (6) inches beyond the closest perpendicular steel reinforcing bar.

(3) If a septic tank or grease trap is manufactured with a partition, the tank partition (both halves) shall be reinforced with six by six inch (6 x 6) ten (10) gauge wire mesh. The reinforcing wire shall be bent to form an angle of ninety (90) degrees on the ends in order to form a leg not less than four (4) inches long. When the wire is placed in the mold the four-inch legs shall lay parallel with the sidewall wire and adjacent to it.

(4) The tank walls and bottom thickness shall be at least two and one-half (2 1/2 ) inches, and top thickness shall be at least three (3) inches.

(5) All reinforcing wire and rods must be covered by at least one-half (1/2) inch of concrete.

(6) An acceptable vibration method shall be employed in the construction of the tank to prevent voids in the tank walls, bottom and top.

700.5 PRE-CAST CONCRETE FIBER REINFORCED SEPTIC TANKS AND GREASE TRAPS

(1) Tank tops shall be reinforced with a minimum of five (5) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls beginning at the center spaced twelve (12) inches apart, and four (4) sections of three-eighths (3/8) inch diameter steel reinforcing bars placed diagonally from the corners to the center of the tank. The length of the perpendicular reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall. The length of the four (4) diagonal steel reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall and six (6) inches beyond the closest perpendicular steel reinforcing bar.

(2) Tank bottoms shall be reinforced with a minimum of seven (7) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls beginning at the center spaced twelve (12) inches apart. The length of the perpendicular reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall.

(3) If a septic tank or grease trap is manufactured with a partition, the tank partition (both halves) shall be reinforced with six by six inch (6 x 6) ten (10) gauge wire mesh. The reinforcing wire shall be bent to form an angle of ninety (90) degrees on the ends in order to form a leg not less than four (4) inches long. When the wire is placed in the mold the four-inch legs shall lay parallel with the sidewall wire and adjacent to it.

(4) The tank perimeter walls shall be reinforced with three-eighths (3/8) diameter steel reinforcing bars located one (1) inch from the tank's top and bottom section seams.

(5) The tank walls and bottom thickness shall be at least two and one-half (2 1/2 ) inches, and top thickness shall be at least three (3) inches.

(6) All reinforcing wire and rods must be covered by at least one-half (1/2) inch of concrete.

(7) Fiber products used with this reinforcement design must be added during the mixing process in order to achieve even distribution throughout the concrete mixture.

(8) Fiber length must range from at least one (1) to no more than two (2) inches.

(9) The fiber must be specifically manufactured for use as a concrete secondary reinforcement and be a polypropylene fibrillated (two-dimensional fiber mesh network) material.

(10) An acceptable vibration method shall be employed in the construction of the tank to prevent voids in the tank walls, bottom and top.

700.6 CONCRETE BLOCK SEPTIC TANKS AND GREASE TRAPS

(1) The tank walls and partition thickness shall be at least eight (8) inches and the top cover slabs thickness shall be at least four (4) inches.

(2) The tank bottom shall be a single pour concrete slab to a depth of at least four (4) inches within the first block course.

(3) If a septic tank or grease trap is manufactured with a partition, the tank walls and partition shall be constructed of solid sixteen inch by eight inch by eight inch (16 x 8 x 8) concrete blocks. The use of hollow blocks is prohibited.

(4) All joints between concrete blocks shall be mortared using masonry cement mortar or equivalent. The joints shall have a nominal thickness of three-eighths (3/8) inch.

(5) The upper partition wall may be supported by the use of two inch by four inch by eight (2 x 4 x 8) inch bricks (or equivalent support material) standing on edge located at the block seams of the upper partition wall.

(6) The top cover slabs shall be constructed such that the individual slabs will not exceed two (2) feet in width and the length will be sufficient to extend to the outside tank width with a minimum slab thickness of four (4) inches.

(7) The individual top cover slabs shall be reinforced with a minimum of two (2) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls spaced twelve (12) inches apart from the center. The length of the perpendicular reinforcing bars shall be of sufficient length to extend the full length of the slab.

(8) The end cover slabs shall be constructed such that the individual slabs will not exceed three (3) feet in width and the length will be sufficient to extend to the outside tank width with a minimum slab thickness of four (4) inches.

(9) The end cover slabs shall be cast to allow access to each tank or compartment by providing an opening located above the inlet and outlet tee with an inside dimension of eighteen (18) inches square (18 x 18) or in diameter with removable tank access lids.

(10) The individual end cover slabs shall be reinforced with two (2) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls spaced twelve (12) inches apart from the center and two (2) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls spaced sixteen (16) inches apart from the center. The length of the perpendicular reinforcing bars shall be of sufficient length to extend the full length of the slab.

(11) The top and end cover slab seams shall be sealed to the tank walls and at all joints by using a bituminous mastic, butyl rubber, or other pliable sealant that is waterproof, corrosion-resistant, and approved for use in septic tanks. The sealant shall have a minimum size of one (1) inch diameter or equivalent. The use of grout is prohibited.

(12) The tank top and end cover slabs shall be equipped with steel lift handles at least one half (1/2) inch diameter, or by an alternative method approved by the Department.

(13) All reinforcing rods must be covered by at least one-half (1/2) inch of concrete.

(14) The interior of the tank (walls and bottom) shall be plastered with a waterproofing cement compound.

(15) An acceptable vibration method shall be employed in the construction of the tank to prevent voids in the tank access lids, tank bottom, and top and end slabs.

700.7 PRE-CAST CONCRETE NON-FIBER REINFORCED PUMP CHAMBERS

(1) The tank walls and bottom shall be reinforced with six inch by six inch (6 x 6) ten (10) gauge wire mesh.

(2) Tank tops shall be reinforced with six by six inch (6 x 6) ten (10) gauge wire mesh, a minimum of five (5) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls beginning at the center spaced twelve (12) inches apart, and four (4) sections of three-eighths (3/8) inch diameter steel reinforcing bars placed diagonally from the corners to the center of the tank. The length of the perpendicular reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall. The length of the four (4) diagonal steel reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall and six (6) inches beyond the closest perpendicular steel reinforcing bar.

(3) The tank walls and bottom thickness shall be at least two and one-half (2 1/2 ) inches, and top thickness shall be at least three (3) inches.

(4) All reinforcing wire and rods must be covered by at least one-half (1/2) inch of concrete.

(5) An acceptable vibration method shall be employed in the construction of the tank to prevent voids in the tank walls, bottom and top.

700.8 PRE-CAST CONCRETE FIBER REINFORCED PUMP CHAMBERS

(1) Tank tops shall be reinforced with a minimum of five (5) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls beginning at the center spaced twelve (12) inches apart, and four (4) sections of three-eighths (3/8) inch diameter steel reinforcing bars placed diagonally from the corners to the center of the tank. The length of the perpendicular reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall. The length of the four (4) diagonal steel reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall and six (6) inches beyond the closest perpendicular steel reinforcing bar.

(2) Tank bottoms shall be reinforced with a minimum of seven (7) sections of three-eighths (3/8) inch diameter steel reinforcing bars oriented perpendicular to the tank sidewalls beginning at the center spaced twelve (12) inches apart. The length of the perpendicular reinforcing bars shall be of sufficient length to extend two (2) inches into the sidewall.

(3) The tank perimeter walls shall be reinforced with three-eighths (3/8) inch diameter steel reinforcing bars located one (1) inch from the tank's top and bottom section seams.

(4) The tank walls and bottom thickness shall be at least two and one-half (2 1/2 ) inches, and top thickness shall be at least three (3) inches.

(5) All reinforcing wire and rods must be covered by at least one-half (1/2) inch of concrete.

(6) Fiber products used with this reinforcement design must be added during the mixing process in order to achieve even distribution throughout the concrete mixture.

(7) Fiber length must range from at least one (1) to no more than two (2) inches.

(8) The fiber must be specifically manufactured for use as a concrete secondary reinforcement and be a polypropylene fibrillated (two-dimensional fiber mesh network) material.

(9) An acceptable vibration method shall be employed in the construction of the tank to prevent voids in the tank walls, bottom and top.

800. APPENDIX U - FIBERGLASS REINFORCED PLASTIC TANKS STANDARD

Standards describing fiberglass reinforced plastic septic tanks have been adopted assure a quality product of sufficient strength and resistance, capable of fulfilling its intended purpose. Many of these standards were derived from NBS Voluntary Product Standard PS 15-69, which covers custom contact-molded reinforced polyester chemical resistant process equipment.

800.1 GENERAL REQUIREMNETS

The following general requirements are applicable to fiberglass reinforced plastic septic tanks as defined herein, and approved design standards and structural properties of the same shall be not less than those stated herein.

(1) Material

Resins and sealants used in the tank manufacturing process shall be capable of effectively resisting corrosive influences of liquid components of sewage, gases generated by the digestion of sewage, and soil burial. Materials used shall be formulated to withstand vibration, shock, normal household chemicals, earth and hydrostatic pressure both when full and empty. Not less than thirty (30) percent of the total weight of the tank shall be fiberglass reinforcement. For tanks not exceeding fifteen hundred (1500) gallons liquid capacity, the minimum wall thickness shall be three-sixteenths (3/16) inch, provided however, that isolated small spots may be as thin as eighty (80) percent of the minimum.

(2) Inner Coating

Internal surfaces shall be coated with an appropriate gel coating to provide a smooth, pore-free, watertight surface for fiberglass reinforced plastic parts.

(3) Physical Properties

Tanks shall be so constructed that all parts of the tank shall meet the following requirements:

(a) Ultimate Tensile Strength (Minimum) - 9,000 psi when tested in accordance with ASTM D 638-7la, Standard Method of Test for Tensile Properties of Plastics.

(b) Flexural Strength (Minimum) - 16,000 psi when tested in accordance with ASTM D 790-71, Standard Method of Test for Flexural Properties of Plastics.

(c) Flexural Modulus of Elasticity Tangent (Minimum) - 700,000 psi when tested in accordance with ASTM D 790-71, Standard Method of Test for Flexural Properties of Plastics.

(4) Watertight Integrity

Tanks shall be so constructed as to be watertight for the designed life of the tank. Lids or covers shall be sufficiently tight when installed to preclude the entrance of surface or ground water into the tank.

(5) Longevity

Proof from an independent testing laboratory shall be submitted substantiating a minimum life expectancy of twenty years service for the intended use of the tank and appurtenant components such as necessary sealants, connective fastenings, resins, etc.

(6) Safety

As a safety measure, provision shall be made in the construction of septic tank lids or covers to preclude unauthorized entry or removal when the use of the tank necessitates positioning of access openings at or above ground level.

(7) Workmanship

Tanks shall be of uniform thickness and free from defects that may affect their serviceability or durability. Completed tanks are to present a smooth inside finish free of spills, pits, and honeycombs. Plant quality control shall be sufficient to maintain a high degree of uniformity in tank quality.

800.2 SPECIFIC REQUIREMENTS

Specific requirements for design and construction shall be not less than those specified herein, and shall be in conformity with recognized National Standards for design and construction and in accordance with this regulation.

800.3 CAPACITY AND DESIGN LIMITS

(1) Dimensions

(a) The inside length of a horizontal cylindrical tank shall be at least two (2) but not more than three (3) times the width.

(b) The uniform liquid depth shall not be less than four (4) feet.

(c) At least fifteen (15) percent of the total volume of the tank shall be above the liquid level.

(d) If tanks of other shapes are proposed, specifications must be submitted to the Division of Onsite Wastewater Management for approval.

(2) Inlet

(a) Provisions shall be made for the building sewer to enter the center of one end of the septic tank two (2) inches above the normal liquid level of the tank.

(b) A tee shall be constructed as an integral part of the tank to receive the building sewer, or as an alternative, an integrally constructed baffle may be used.

(c) If baffles are used, suitable integrally fitted sleeves or collars shall be provided in the inlet openings of the tank to provide surface areas sufficient to insure capability of watertight bonding between the tank and the inlet sewer.

(d) If the tee or baffle is constructed of plastic material, it shall meet NSF Standard #14 for drain, waste, and vent system application.

(e) If fiberglass reinforced plastic is used, it shall be of the same constituency as material of which the tank is constructed.

(f) The inlet tee of baffle shall extend sixteen (16) inches below the designed liquid level and be placed and secured in a vertical position so as to be watertight and preclude dislodgement during installation, operation or maintenance activities.

(3) Outlet

(a) Provisions shall be made for the outlet sewer to receive the discharge from the tank by providing an opening in the center of the end of the tank opposite the inlet, the invert elevation of which shall be at the liquid level of the tank.

(b) A tee shall be constructed as an integral part of the tank to connect to the outlet sewer, or as an alternative, an integrally constructed baffle may be used.

(c) If baffles are used, suitable integrally fitted sleeves or collars shall be provided in the outlet opening of the tank to provide surface areas sufficient to insure capability of water tight bonding between the tank and the outlet sewer.

(d) If the tee or baffle is constructed of plastic material, it shall meet NSF Standard #14 for drain, waste, and vent system application.

(e) If fiberglass reinforced plastic is used, it shall be of the same constituency as material of which the tank is constructed.

(f) The outlet tee or baffle shall extend eighteen inches below the design liquid level and be placed and secured in a vertical position so as to be watertight and preclude dislodgement during installation, operation or maintenance activities.

(g) A one (1) inch opening between the top of the inlet tee and top of the tank shall be provided to permit free passage of gas back to the house vent.

(4) Access Openings

Openings in the top of the septic tank shall be provided over the inlet and outlet tees or baffles with sufficient area to enable maintenance service to such tees or baffles.

(5) Identifying Markings

Fiberglass septic tanks shall be provided with a suitable legend, cast or stamped into the wall at the outlet end, and within six inches of the top of the tank, identifying the manufacturer, and indicating the liquid capacity of the tank in gallons.

61-56.1. License to Construct or Clean Onsite Sewage Treatment and Disposal Systems and Self-Contained Toilets.

I. PURPOSE

To regulate persons engaged in the business of constructing, repairing, or cleaning onsite sewage treatment and disposal systems and cleaning self-contained toilets, to protect public health and the environment.

II. DEFINITIONS

A. Cleaning-the removal and transportation of septage from an onsite sewage treatment and disposal system or self-contained toilet to an approved disposal location.

B. Construct-the installation or repair of an onsite sewage treatment and disposal system.

C. Department-the South Carolina Department of Health and Environmental Control and its authorized representatives.

D. License-the official document issued by the Department authorizing a person to be engaged in the business of construction, repair, or cleaning of onsite sewage treatment and disposal systems or the cleaning of self-contained toilets.

E. Onsite Sewage Treatment and Disposal System-a system, or any part of a system, designed to treat and dispose of, or store sewage. Examples include septic tank systems, sewage holding systems, and similar devices.

F. Person-any individual, firm, company, corporation, or association.

G. Revocation-the permanent withdrawal of rights and privileges granted by a license.

H. Self-Contained Toilet-a single or multiple-unit toilet and holding tank combination.

I. Septage-the mixture of solids and liquids removed during cleaning of a septic tank, grease trap, or any other part of an onsite sewage treatment and disposal system, holding system, or self-contained toilet which receives domestic sewage; includes the liquid, solid and semi-solid materials which settle to the bottom of transport containers.

J. Sewage-any liquid waste containing animal, vegetable, or chemical matter in suspension or solution from water closets, urinals, lavatories, bathtubs, laundry tubs or devices, floor drains, drinking fountains or other water-using fixtures.

K. Suspension-the temporary or indefinite withdrawal or cessation of rights and privileges granted by a license.

III. LICENSE REQUIRED

A. No person may engage in the business of and be responsible for the construction, repair, or cleaning of onsite sewage treatment and disposal systems or the cleaning of self-contained toilets in South Carolina without first applying for, receiving, and subsequently maintaining a valid license to conduct such activities, as herein required by the Department; provided, that a person may construct or repair an onsite sewage treatment and disposal system for personal use at his residence without obtaining a license.

B. Licenses, Applications, and Fees.

1. License applications, on forms approved by the Department, shall be submitted to the Department in the county where the applicant's primary place of business is located; provided, persons residing out of state must submit their applications to the Department in the South Carolina county where it is reasonably anticipated the bulk of the activities sought to be licensed would occur.

2. The following shall apply to applications submitted by persons engaged in the business of cleaning onsite sewage treatment and disposal systems or self-contained toilets:

a. The applicant shall list on the application form each approved septage disposal facility they intend to use. Written verification of permission to use each disposal facility shall accompany the application.

b. For each renewal of an existing license, the person seeking renewal shall submit to the Department an updated application.

c. Upon request by the Department, each person seeking a new license or renewal of an existing license shall make available for inspection all vehicles and equipment used in the pumping and transporting of septage.

d. Additional inspections of vehicles and equipment may be conducted by the Department to ensure compliance with this regulation.

e. If a licensee replaces, deletes, or adds to his inventory of vehicles used in pumping and transporting septage, the licensee shall immediately notify the Department for the purpose of updating his application.

3. Prior to receipt of a license authorizing a person to engage in the business of and be responsible for the construction or repair of an onsite sewage disposal system, the applicant shall complete an examination, demonstrating his knowledge and comprehension of the onsite sewage treatment and disposal regulation (Regulation 61-56, 1976 Code of Laws of South Carolina, as amended). Any applicant failing to satisfactorily complete the licensing examination may be eligible to retake the examination after 30 days. If the applicant fails to satisfactorily complete his second examination, he may then be allowed to retake subsequent examinations after a 60-day waiting period.

4. Persons engaged only in the business of cleaning onsite sewage treatment and disposal systems, holding systems, or self-contained toilets, shall be exempt from the aforementioned examination, and shall be issued a license upon satisfactory compliance with this regulation.

5. A fee shall be assessed for a new license and for the annual renewal of license.

a. No person engaged in the business of either constructing and repairing or the cleaning of onsite sewage treatment and disposal systems shall be issued a new license pursuant to this regulation until a fee of one hundred ($100) dollars has been paid to the Department; provided, persons engaged in the dual business of constructing/repairing and cleaning systems shall pay a fee of one hundred fifty ($150) dollars. Every license issued by the Department under this regulation shall be valid for a period of one year, unless otherwise suspended or revoked.

b. Each licensee must pay an annual renewal fee of one hundred ($100) dollars, or, for a dual license, one hundred fifty ($150) dollars, to the Department.

c. Annual renewal fees shall be due on a date not less than thirty (30) days from the billing date. A penalty charge of $30.00 shall be assessed for license fees that are past due. A second penalty of $30.00 shall be assessed for license fees sixty (60) days past due.

d. Expiration of a license shall occur when the license fee is ninety (90) days past due. No person with an expired license may be engaged in the business of either constructing and repairing or cleaning onsite sewage treatment and disposal systems, sewage-holding systems, or self-contained toilets.

e. an expired license shall not be renewed. Any person with an expired license may apply for a new license and must meet all applicable requirements for a new license.

6. Licenses issued in accordance with this regulation shall not be transferable.

C. Further Governmental Restrictions Not Prohibited.

Nothing within this regulation shall be construed to limit the power of any municipal, county, or governmental entity to enforce other license requirements or additional measures for the restrictions of persons constructing, repairing, or cleaning onsite sewage treatment and disposal systems or cleaning self-contained toilets.

IV. VEHICLES, EQUIPMENT, AND PRACTICES

A. All vehicles and equipment used to remove and transport septage shall be maintained in a manner that will prevent the occurrence of leaks, spills, and other nuisance conditions. All vehicles shall be properly identified.

1. Hoses, valves, tanks, and other equipment must be maintained in good repair and working order.

2. All vehicles used to transport septage must bear the company name and license number in a prominent place on the sides and rear of each vehicle, using letters and numbers that are at least four (4) inches in height.

B. The cleaning of septic tanks and similar units, and the pumping and transporting of septage shall be done in a manner that is safe and does not create a nuisance or health hazard. The proper cleaning of any septic tank or similar unit shall include the substantial removal of its contents.

C. Disposal of septage shall be allowed only at facilities approved by the Department. A licensee may dispose of septage only at those approved facilities designated by his application and any renewals or updates of his application.

1. Discharge of septage shall be allowed only at those specific locations designated by the owners/operators of approved disposal facilities.

2. Discharge of septage into a public sewage collection system, without the consent and permission of the owner/operator of such system, is prohibited.

D. A licensee shall adequately supervise employees and ensure that all systems for which the licensee is responsible shall be constructed, repaired, and cleaned in accordance with Regulation 61-56 and other applicable regulations, permits, and standards issued by the Department.

V. RECORDS OF OPERATION

A. Each person licensed to clean onsite sewage treatment and disposal systems and self-contained toilets is required to maintain accurate, written records of cleaning and transporting activities.

1. Records shall be kept current and shall include at least the following information for each cleaning/transporting activity:

a. Date and time of septage removal.

b. Name and address of residence or facility where septage was removed. Where one or more self-contained toilets are cleaned at one location (construction site, special event, etc.), one recorded entry per location will be acceptable.

c. Quantity and type of septage removed (i.e., grease trap, septic tank, self-contained toilet). Where one or more self-contained toilets are cleaned at one location, quantity may be expressed by the total number of units cleaned at that location.

d. Date, time, and location of septage disposal.

B. Records shall be made available for inspection by the Department upon request. Records must be retained for a minimum of two (2) years.

VI. SUSPENSION/REVOCATION OF LICENSE

A. A licensee shall be subject to suspension and revocation of license and to penalties, as provided in Section VIII for the construction, repair, or cleaning of onsite sewage treatment and disposal systems, or cleaning of self-contained toilets for which he is responsible in violation of State Laws, Regulations, and Standards.

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 licensee or his employees with a representative of the Department in performing his duties with respect to this regulation shall constitute grounds for revocation of license. Only the person responsible for supervision and enforcement of this regulation in each county or health district is authorized to initiate action to revoke the license on the grounds of interference.

B. Any person whose license is revoked shall not be eligible to apply for relicensing within one year from the date of revocation. Any person whose license has previously been revoked and who obtains a subsequent license and violates the provisions of this regulation, which results in the revocation of his license for the second time, shall not be granted another license.

C. Prior to such action, the Department shall provide written notification to the licensee, stating the basis for suspension or revocation, and advise the licensee that the license shall be suspended or revoked on the fifteenth (15th) day following receipt of the written notification, unless a Petition for Administrative Review, complying with the requirements of Regulation 61-72, is filed with the Department, within fifteen (15) days of receipt. All hearings shall be conducted in accordance with the Administrative Procedures Act and Regulation 61-72.

D. A license may be summarily suspended by the Department pending a hearing, as herein provided, if the licensee acts in such a manner as to pose an immediate threat to public health. In the case of a summary suspension, the licensee shall be given a hearing as soon as possible after the Department receives a written request for a hearing.

VII. EXPIRATION OF LICENSE

The expiration of a license due to failure to pay the required annual renewal 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.

VIII. 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.

IX. 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.

HISTORY: Amended by State Register Volume 18, Issue No. 5, eff May 27, 1994.

61-56.2. LICENSING OF ONSITE WASTEWATER SYSTEM MASTER CONTRACTORS.

HISTORY: Added by State Register Volume 33, Issue No. 6, eff June 26, 2009.

CONTENTS

100. PURPOSE

200. DEFINITIONS

300. ELIGIBILITY

400. CONTINUING EDUCATION AND TRAINING

500. PRACTICE, PROCEDURE AND QUALITY CONTROL

600. BONDING AND INSURANCE REQUIREMENTS

700. APPLICATION AND LICENSE FEES

800. ENFORCEMENT

900. SEVERABILITY CLAUSE

100. PURPOSE

The purpose of this regulation is to protect public health and the environment by ensuring the competence of onsite wastewater system master contractors. Proper construction, installation and approval practices for onsite wastewater systems are essential for the safe treatment and disposal of domestic wastewater.

200. DEFINITIONS

ALTERNATIVE SYSTEM - A system incorporating design modifications of the proposed subsurface wastewater infiltration area (drainfield) or absorption trench geometry for the purpose of achieving compliance with required setbacks and offset to the zone of saturation and/or restrictive horizons. No such system shall be utilized unless the Department has established a specific standard.

ALTERNATIVE TILEFIELD PRODUCTS - Products specifically designed to replace or eliminate the aggregate typically utilized in soil absorption trenches. Such products must be approved for use by the Department and must adhere to required equivalency values established herein.

APPLICANT - A property owner, general contractor or agent representing the property owner, or a developer who seeks a permit to construct and operate an onsite wastewater system.

BOND - A sum of money set aside (Surety Bond) to insure completion of work under a contract.

CONVENTIONAL SYSTEM - An onsite wastewater system that utilizes a network of conventional absorption trenches installed in the naturally occurring soil for the treatment and disposal of domestic wastewater.

CONSTRUCT - The installation or repair of an onsite sewage treatment and disposal system.

DEPARTMENT - The South Carolina Department of Health and Environmental Control (DHEC).

DOMESTIC WASTEWATER - The untreated liquid and solid human body waste and the liquids generated by water-using fixtures and appliances, including those associated with food service operations. For the purposes of this regulation, domestic wastewater shall not include industrial process wastewater.

EFFLUENT - The liquid discharged from a septic tank, effluent pump station, or other sewage treatment device.

EXISTING SYSTEM - An onsite wastewater system, which has received final construction approval or has been serving a legally occupied residence or structure.

FAILING ONSITE WASTEWATER SYSTEM - An onsite wastewater system that is discharging effluent in an improper manner or has ceased to function properly.

LICENSE - The official document issued by the Department authorizing a person to provide services for installation, repair, modification or final inspection and approval of onsite wastewater systems that they install.

LICENSED SEPTIC TANK CONTRACTOR - A person authorized under Regulation 61-56.1, License to Construct or Clean Onsite Sewage Treatment and Disposal Systems and Self-Contained Toilets, to construct, repair or clean onsite sewage disposal systems or self contained toilets.

ONSITE WASTEWATER SYSTEM - A system, generally consisting of a collection sewer, septic tank(s), and soil absorption trenches (subsurface wastewater infiltration area), designed to treat and dispose of domestic wastewater through a combination of natural processes that ultimately result in effluent being transmitted through the soil, renovated, and ultimately discharged to groundwater.

ONSITE WASTEWATER SYSTEM MASTER CONTRACTOR - A person authorized under this regulation to construct, repair, modify, inspect and issue final construction approval for onsite wastewater systems that they install.

PERMIT - A written document issued by the Department authorizing the construction and operation of an onsite wastewater system under Regulation 61-56. The construction and operation permit survives the life of the onsite wastewater system that it authorizes.

REPAIR - Any work performed on an existing onsite wastewater system for the purposes of correcting a surface failure or other unauthorized discharge, enhancing system performance, or relocating the entire system or system components, provided there are no changes in use that would impact the existing system.

REVOCATION - The permanent withdrawal of rights and privileges granted by a license.

SEPTIC TANK - A watertight, covered receptacle designed and constructed to receive the discharge of domestic wastewater from a building sewer, separate solids from the liquid, digest organic matter, store digested solids through a period of detention and biological conditioning of liquid waste, and allow the effluent to discharge for final treatment and disposal.

SOIL ABSORPTION TRENCH - A trench installed in the naturally occurring soil that is utilized for the treatment and disposal of domestic wastewater. A conventional trench is characterized by the following: (a) at least twenty-three (23) inches in depth; (b) thirty-six (36) inches in width; (c) filled with aggregate so that at least six (6) inches is beneath the distribution pipe, with at least five (5) inches on both sides of the pipe, and at least three (3) inches covering the pipe; and (d) at least nine (9) inches of backfill. Other trench configurations are specified in Regulation 61-56 Appendices of Standards for Onsite Wastewater Systems.

STANDARD - A group of requirements developed by the Department that specifies the minimum site conditions and design criteria necessary for the approval of a specific type of onsite wastewater system (i.e., alternative system) that differs from a conventional system. A standard may also address minimum design criteria for certain components of onsite wastewater systems as well as methodologies for determining system sizing.

SUBSURFACE WASTEWATER INFILTRATION AREA (DRAINFIELD) - A specific area where a network of soil absorption trenches or other devices of sewage application are installed to provide the final treatment and disposal of effluent.

SURETY AGREEMENT - Through this agreement, the surety agrees to uphold - for the benefit of the obligee - the contractual promises (obligations) made by the principal if the principal fails to uphold its promises to the obligee.

SUSPENSION - The temporary or indefinite withdrawal of rights and privileges granted by a license.

300. ELIGIBILITY

An onsite wastewater systems contractor currently licensed under R. 61.56.1, who meets the following criteria, is eligible to be licensed as an onsite wastewater systems master contractor:

(1) a licensed onsite wastewater systems contractor who has been actively installing for three (3) years immediately preceding the date of application with no disciplinary action pending involving septic tank contracting; or

(2) an onsite wastewater systems contractor licensee from another state with affidavits from the regulatory authority supporting five (5) years of experience with no pending disciplinary action involving septic tank contracting; and

(3) the ability to pass an examination administered by the Department with a minimum score of eighty percent (80 %); and

(4) a properly completed application with supporting documents (if required); and

(5) proof of required bond and insurance coverage; and

(6) payment of applicable fees.

400. CONTINUING EDUCATION AND TRAINING

400.1. The master contractor will be required to complete six (6) contact hours of training and continuing education every year from the date of licensing to renew the master contractor license. The Department will provide a listing of approved training providers and courses to meet this requirement.

400.2. The master contractor who fails to meet the training and continuing education requirements will lose the rights and privileges granted under that license until such time as these requirements have been met.

400.3. If the master contractor fails to meet the training and education requirement within the next licensing period, the license will be considered void.

400.4. If a master contractor completes more than the required six (6) hours in a licensing period, as many as three (3) hours can be rolled over into the requirement for the next licensing period.

500. PRACTICE, PROCEDURE AND QUALITY CONTROL

500.1. Practice

(1) Onsite wastewater systems installed and approved by master contractors must be installed pursuant to, and in compliance with, construction and operation permits issued by the Department.

(2) The master contractor does not have the authority to change an issued permit without first obtaining Department approval.

(3) A master contractor authorized under this regulation will be able to install, inspect and approve any system permitted by the Department under Regulation 61-56 that the master contractor installs himself except those systems designed by a Licensed Professional Engineer.

(4) The master contractor, after giving the Department the opportunity to do a final inspection of the installed system, may record and document the necessary measurements on a form approved by the Department, issue final approval, and cover the installation.

(5) The as-built drawings, along with the master contractor's signature and license number, must be submitted to the Department, with a copy being provided to the property owner for whom the system was installed.

500.2. Procedure

(1) The master contractor shall arrange a time, for the final inspection of an onsite wastewater system that is being installed, with a representative of the Department. If, after thirty (30) minutes of that arranged time, the Department representative has not arrived for the inspection, the master contractor may:

(a) inspect the system;

(b) record the findings on a form approved by the Department;

(c) grant final construction approval to the installation; and

(d) cover the system.

(2) The as-built drawings containing the required measurements and other documentation shall be submitted to the Department no later than the close of business on the next business day. A copy of this document(s) must also be furnished to the property owner for whom the system was installed.

500.3. Quality Control

The Department is required to conduct random final inspections on no less than three percent (3%) annually of the total number of systems installed during the preceding fiscal year. The Department will also conduct field reviews of the as-built drawings submitted by the master contractor compared with the actual installations those drawings represent.

600. BONDING AND INSURANCE REQUIREMENTS

600.1. Proof of both insurance and bond coverage shall be furnished to the Department prior to licensure as a master contractor and upon annual license renewal.

600.2. The onsite wastewater system master contractor shall be responsible for obtaining and maintaining both insurance and bond coverage for as long as the contractor is operating as a master contractor.

600.3. Failure to maintain both insurance and bond coverage shall result in the suspension or revocation of the master contractor license.

700. APPLICATION AND LICENSE FEES

700.1. The application fee for an onsite wastewater systems master contractor license shall be seventy-five dollars ($75.00); this fee must be submitted with the completed application. The application fee is non-refundable.

700.2. Upon successful completion of the application and examination requirements, each licensee shall pay a licensing fee of two hundred dollars ($200.00).

700.3. The annual renewal fee for each license shall be two hundred dollars ($200.00).

700.4. Failure to pay the annual renewal fee shall result in the suspension or revocation of the master contractor license.

700.5. Licenses issued in accordance with this regulation shall not be transferable.

800. ENFORCEMENT

800.1. Deviation from the installation design and conditions in onsite wastewater permits may be considered a violation of this regulation.

800.2. Violation of an onsite wastewater system installation permit, or any provisions of this regulation, by a master contractor, must be enforced in accordance as follows:

(1) First offense violations may be enforced under S.C. Code Section 44-1-150 or by suspension of the installer's license for a period not to exceed one (1) year.

(2) Second offense violations may be enforced under S.C. Code Section 44-1-150 or by suspension of the installer's license for a period not to exceed three (3) years.

(3) Third offense violations may be enforced under S.C. Code Section 44-1-150 or by permanent revocation of the installer's license.

800.3. A Department decision involving the issuance, denial, renewal, modification, suspension, or revocation of a permit or license may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1 and Title 1, Chapter 23.

900. SEVERABILITY CLAUSE

This regulation is issued under the authority of Sections 44-1-140(11), 44-1-150, 44-55-827, and 48-1-10 et seq. of the 1976 Code of Laws, as amended. It shall be enforced in accordance with interpretations and public health reasons approved by the Department. Should any section, 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.

61-57. Development of Subdivision Water Supply and Sewage Treatment/Disposal Systems.

(Statutory Authority: S.C. Code Sections 44-1-140(11); 1-23-10)

CONTENTS

Section I - Purpose

Section II - Definitions

Section III - Scope And Applicability

Section IV - Need For Public Water and Wastewater Treatment Facility

Section V - Application And Approval Procedures

Section VI - Public Notices And Public Hearings

Section VII - Application Fees

Section VIII - Contested Cases

Section IX - Enforcement

Section X - Penalties

Section XI - Severability Clause

Section I - Purpose

To protect public health by preventing the spread of diseases transmitted through wastewater or drinking water. To protect the environment by preventing contamination of ground water and surface waters of the State. To ensure that new subdivisions are provided with safe drinking water supplies and adequate sewage treatment and disposal systems.

Section II - Definitions

A. Approval: A written document issued by the Department setting forth the general conditions under which onsite wastewater systems may be used as the method of sewage treatment and disposal within a proposed subdivision. An approval issued under this regulation shall specify the method of water supply that will be required or allowed for the development. An approval shall not constitute a permit to construct or operate an onsite wastewater system, nor shall an approval constitute a permit to construct or operate a public water system.

B. Accessible: For the purpose of this regulation, public water system and/or wastewater treatment facility connection is accessible when it adjoins the property in question, and the authority has granted permission to connect to the system. Where annexation or easements to cross adjacent property are required to connect, the system shall not be considered accessible.

C. Department: The South Carolina Department of Health and Environmental Control acting through its authorized representatives.

D. Lot: A designated parcel of land situated within a subdivision intended for use as a building site.

E. Onsite Wastewater System: A sewage treatment and disposal system as defined in Regulation 61-56.

F. Person: Any individual, firm, company, business or association, or an agent acting on behalf of an applicant.

G. Public Notice: A statement notifying the public that approval is being sought to allow the use of onsite wastewater systems as the method of sewage treatment and disposal for a specific, proposed subdivision and offering the public an opportunity to provide the Department with comments pertaining to the proposed use of onsite wastewater systems within the development. The proposed method of water supply shall also be included in the public notice.

H. Public Water System: Any publicly or privately owned waterworks system, which provides drinking water for human consumption, as defined by Regulation 61-58, State Primary Drinking Water Regulations.

I. Subdivision: Any tract of land divided into five or more lots for the immediate or future purpose of building development where onsite wastewater systems are to be considered except where all of the lots are 5 acres or larger, regardless of the number of lots. This definition shall apply whether the lots are to be sold, rented or leased, but shall not apply to subdivisions that are served by wastewater treatment facilities. This definition shall not include the division, partition, or conveyance of property pursuant to a will, an intestacy statute, or the order of a probate judge.

J. Wastewater Treatment Facility: A publicly or privately owned system of structures, equipment and related appurtenances to treat, store, or manage wastewater.

Section III - Scope and Applicability

This regulation establishes procedures for the evaluation, approval and disapproval of subdivisions where the use of onsite wastewater systems is proposed as the method of sewage treatment and disposal. The standards that govern the construction and siting of onsite systems are included in Regulation 61-56.

Section IV - Need For Public Water And Wastewater Treatment Facility

A. If approved public water and/or wastewater treatment facility is accessible for connection or if the Department determines that the subdivision is not suitable for use of onsite wastewater disposal systems, subdivisions developed after the effective date of this regulation shall be served by public water and/or wastewater treatment facilities. In making determinations pertaining to the need for public water and wastewater treatment facilities, the Department shall consider the following:

1. The proximity of existing public water systems and/or wastewater treatment facilities to proposed development sites.

2. The condition and status of existing public water systems and/or wastewater treatment facilities. "Condition and status" in this context shall relate to service capacities and potentials, compliance histories and other factors as deemed appropriate by the Department.

3. Documented compliance with zoning, building and other codes and ordinances established by local governmental entities.

4. Documented compliance with the short-term and long-range plans of pertinent cities, towns, counties, public service districts, water and sewer authorities and other local governmental entities.

B. All public water systems and wastewater treatment facilities serving subdivisions shall be installed, operated and maintained in accordance with applicable laws, regulations and standards.

Section V - Application and Approval Procedures

A. No approval under this regulation shall be required for subdivisions that are served by wastewater treatment facilities.

B. No lots shall be sold and no permit for an onsite wastewater system shall be issued in any subdivision where onsite wastewater systems are proposed as the method of sewage treatment and disposal until the owner or agent has received a written subdivision approval from the Department.

C. Any person planning to develop a subdivision utilizing onsite wastewater systems shall first submit to the Department an Application for Subdivision Approval. The application shall contain accurate information that is needed in determining the feasibility of onsite systems. Should additional lots be added and/or lots re-subdivided at a later date from the original parent parcel, the proposed changes to the original plat must be submitted to the Department for subdivision review.

1. Each application shall be accompanied by a preliminary or boundary plat of the proposed subdivision. The plat shall be drawn to scale and shall include information needed to evaluate the potential to use onsite wastewater systems in the subdivision. Such information may include, but not be limited to: lot lines with dimensions, roads and streets, easements, location sketch, directional indicators, contours, watercourses and other features as deemed necessary.

2. In order to establish suitability for onsite wastewater systems, the Department may require an applicant to submit tests or information regarding site and soil conditions within the proposed subdivision. These may include, but not be limited to, backhoe pits, soil auger borings, soils classifications and other information as deemed necessary.

3. Each application shall include or be accompanied by a statement identifying the nearest public water system and wastewater treatment facility. Confirmation regarding the accessibility of these systems may be required by the Department.

D. In determining the feasibility of allowing the use of onsite wastewater systems, the Department shall consider those factors that can potentially affect the operation of such systems, public health and the environment. These factors include, but are not necessarily limited to: wastewater treatment facility accessibility, topographical conditions and natural features, soil conditions, depth to ground water and other restrictive horizons, proximity to surface waters, proposed method of water supply, size of lots, total number of lots, long-term maintenance needs of onsite wastewater systems, and other factors as deemed appropriate. An approval under this regulation shall not be issued for any subdivision where the use of onsite wastewater systems is not feasible.

E. Each lot to be considered for an onsite wastewater system shall be of sufficient size to provide for the construction of the system; allow for all proposed buildings, easements, water wells governed by Regulation 61-71 and other improvements; and provide adequate space with suitable soil conditions for the full replacement or repair of soil absorption systems as required in Regulation 61-56.

F. Prior to the issuance of an approval, the owner shall submit to the Department a final, recordable plat of the subdivision. The final plat shall be prepared and signed by a Registered Land Surveyor or other similarly qualified person and shall include all information and features listed in paragraph C. of this Section. Where all lots in a subdivision or in a section of a subdivision contain five or more acres, the respective subdivision or section shall be exempt from the final plat requirements.

G. An approval may be rescinded if any changes are made to the final subdivision plat without prior authorization from the Department.

H. The approval of a subdivision may be rescinded if any site modifications are made that adversely affect the potential to use onsite systems in the development.

I. The re-subdividing of any lot situated within an approved subdivision shall be subject to the requirements of this regulation. The re-subdividing of lots shall not be approved, and permits for onsite systems shall not be issued if the resultant increase in the number and density of onsite systems within the area of the subdivision would potentially pose a threat to public health and the environment.

Section VI - Public Notices and Public Hearings

A. The Department shall give public notice of applications to approve onsite wastewater systems as the method of sewage treatment and disposal in new subdivisions. Public notices under this regulation shall allow fifteen days for public comment, and all comments shall be considered. No approval or disapproval shall be issued prior to the end of the comment period. Public notice shall not be required for minor revisions to applications.

B. Each public notice of application shall contain the following information:

1. A brief description of the proposed subdivision and a statement that approval is being sought to use onsite wastewater systems as the method of sewage treatment and disposal in the development. The notice shall also specify the proposed method of water supply.

2. The beginning and ending dates of the public comment period.

3. The name of the person seeking approval of the subdivision.

4. The name, address and phone number of the office that is responsible for processing the application and accepting public comment.

C. Public notice of an application shall be given by the following methods:

1. Posting a sign at a conspicuous location at or near the entrance to the subdivision.

2. By mailing a copy of the notice to persons on a mailing list. Persons on a mailing list shall include those who have made written requests to receive public notices under this regulation and any local, state or federal governmental agency having jurisdiction over the area where the proposed subdivision is located. The Department may periodically update mailing lists.

3. The Department may employ additional methods of public notice where needed.

D. During the fifteen-day comment period, any affected individuals may file a petition with the Department for a public hearing on an application for subdivision approval. A petition for a public hearing must be submitted by affected individuals and must indicated the specific reasons why a hearing is requested and shall specifically identify which portions of the application or other information constitutes the necessity for a public hearing. If the petition contains sufficient information to question the proper functioning of onsite wastewater systems, the Department may direct the scheduling of a hearing.

1. Public notice of a hearing shall be issued at least fifteen days prior to the scheduled date of the hearing. Public notice of hearing shall be given by mailing a copy of the notice to persons on a mailing list and by posting the notice at or near the entrance to the proposed subdivision. Other methods of distribution may be used by the Department as needed. All comments submitted during a public hearing shall be considered by the Department.

2. In cases where a public hearing is conducted, the Department shall not approve or disapprove the application for subdivision approval until at least two business days following the conclusion of the hearing.

3. A tape recording or written transcript of the hearing shall be made available to the public.

Section VII - Application Fees

A. Each person applying for approval under this regulation shall pay to the Department an application fee. The fee shall be paid at the time of application and shall not be refundable.

B. Funds derived from these fees shall be used only for the provision of services and accompanying expenses associated with Environmental Health programs.

C. The fee shall be based on the number of proposed lots in the section or phase of a subdivision for which approval is sought and shall be in accordance with the following:

1. For subdivisions consisting of five to fifteen lots, the fee shall be $50.

2. For subdivisions consisting of sixteen to forty lots, the fee shall be $100.

3. For subdivisions consisting of more than forty lots, the fee shall be $150.

Section VIII - Contested Cases

Approval or disapproval of a subdivision application may be appealed as a contested case pursuant to the Administrative Procedures Act, Regulation 61-72, and procedures established by the Administrative Law Judge Division. Appeals shall be directed to the Clerk of the Board of Health and Environmental Control

Section IX - Enforcement

This regulation is issued under the authority of Section 44-1-140 (11) and Section 48-1-10, et. seq. of the 1976 Code of Laws of South Carolina, as amended, and subsequent legislation.

Section X - Penalties

Violation of this regulation shall be punishable in accordance with Section 44-1-150, 48-1-320, and 48-1-330 of the 1976 Code of Laws of South Carolina, as amended, and each day of continued violation shall be a separate offense.

Section XI - 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.

HISTORY: Amended by State Register Volume 24, Issue No. 2, eff February 25, 2000; State Register Volume 28, Issue No. 4, eff April 23, 2004.

61-58. State Primary Drinking Water Regulations.

(Statutory Authority: 1976 Code Section 44-55-10 et seq.)

Table of Contents

58.A. General

58.B. Definitions

58.C. Appeals

58.D. Severability

58.E. Violations and Penalties

A. General

Regulations 61-58 through 61-58.15 are promulgated pursuant to S.C. Code Sections 44-55-10 et seq. and are collectively known as the State Primary Drinking Water Regulations. The Department finds the standards and procedures prescribed are necessary to maintain reasonable standards of purity of the drinking water of the State consistent with the public health, safety, and welfare of its citizens.

B. Definitions.

(1) "Act" means the State Safe Drinking Water Act of 1976, and amendments.

(2) "Action level" is the concentration of lead or copper in water specified in R.61-58.11(B)(1), Lead and Copper Action Levels, which determines, in some cases, the treatment requirements contained in R.61-58.11, Control of Lead and Copper that a water system is required to complete.

(3) "Administrator" means the Administrator of the United States Environmental Protection Agency.

(4) "Annular space" means the space between the well casing and the formation or the space between the inner casing and outer casing where two casings are used.

(5) "Aquifer" means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of groundwater to wells and springs.

(6) "Aquifer Storage and Recovery (ASR) Well" means a water well which allows potable water to be injected into a subsurface aquifer to be recovered by pumping at a later date.

(7) "Artificial filter" means filter material which is placed in the annular space to increase the effective diameter of the well, and to prevent fine-grained sediments from entering the well.

(8) "Backflow prevention device" means any device approved by the Department for use in preventing backflow under prescribed limited conditions of use.

(9) "Bag filters" are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside.

(10) "Bank filtration" is a water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s).

(11) "Bedrock" means the parent solid rock formation underlying weathered rock and soil.

(12) "Best available technology" or "BAT" means the best technology, treatment techniques, or other means which either the Department or the Environmental Protection Agency (EPA) finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).

(13) "Board" means the South Carolina Board of Health and Environmental Control charged with responsibility for implementation of the Safe Drinking Water Act.

(14) "Boil Water Notice/Advisory" means a notice, whether written or verbal, issued by the Department, or the owner or operator of a public water system, notifying the users of the water system that the water is/may be contaminated and to boil the water (vigorous rolling boil for at least one minute) prior to using it for drinking or cooking. The notice shall give the reason for its issuance and corrective actions being taken.

(15) "Booster Pump" means any pump installed within a water distribution system for the purpose of increasing the water pressure in the water distribution system, including distribution storage facilities downstream from the pump. The term booster pump does not apply to the so called low service and high service pumps at water treatment plants.

(16) "Business Plan" for the purpose of these regulations means a document consisting of three sub-plans, a "Facilities Plan", a "Management Plan", and a "Financing Plan" which is intended to show how a water system will be self-sustaining and have the commitment and the financial, managerial and technical capability to consistently comply with the State Safe Drinking Water Act and these Regulations.

(17) "Cartridge filters" are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

(18) "Centralizer" means device to keep the casing and screen aligned in the center of the borehole to ensure proper emplacement of grout around the casing and artificial filter around the screens.

(19) "Certified Laboratory" means a laboratory approved by the Department under Regulation 61-81.

(20) "Certified Tester" means any person holding an up-to-date backflow prevention assembly tester certification card issued by the Department. Certified testers fall into one of the following classifications:

(a) General Tester -any person who has successfully completed an approved backflow prevention training and certification course which is sponsored by or approved by the Department, and who has personal possession of or whose employer owns a backflow prevention assembly test kit. This person provides the service of testing backflow prevention assemblies to the general public.

(b) Inspector Tester -any person with the same qualifications as the General Tester, except the Inspector Tester must be employed by a municipality, water district, subdivision, or other public water system. The Inspector Tester is normally involved in the management of a backflow prevention program, and does not sell his services to the general public.

(c) Limited Tester -any person with the same qualifications as the General Tester except the prescribed test(s) is (are) conducted only on backflow prevention assemblies which are owned by his employer. The Limited Tester does not provide testing services to the general public.

(d) Manufacturer's Agent -any person with the same qualifications as the General Tester except the prescribed test(s) is (are) conducted as an extension of his duties as a representative of a particular backflow prevention company.

(21) "Certified Well Driller" means any person currently certified by the State Environmental Certification Board to practice as a well driller in South Carolina.

(22) "Clay" means fine-grained inorganic material (grains less than 0.0005 mm in diameter) which has very low permeability and is plastic.

(23) "Coagulation" means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into flocs.

(24) "Coliform Bacteria" means all aerobic and facultative anaerobic, gram-negative, non-spore forming, rod-shaped bacteria which ferment lactose with gas formation within forty eight hours at thirty-five degrees Celsius.

(25) "Combined distribution system" is the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water.

(26) "Commissioner" means the duly constituted Commissioner of the Department or his authorized agent.

(27) "Community Water Systems" means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents. This may include, but not be limited to, subdivisions, municipalities, mobile home parks, apartments, etc.

(28) "Compliance cycle" means the nine-year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019.

(29) "Compliance period" means a three-year calendar year period within a compliance cycle. Each compliance cycle has three three-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; the third from January 1, 1999 to December 31, 2001.

(30) "Comprehensive performance evaluation" (CPE) is a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purposes of compliance with R.61-58.10.H and (I), the comprehensive performance evaluation must consist of at least the following components: assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.

(31) "Cone of Depression" means the depression in the water table or potentiometric surface in an aquifer caused by pumping water from a well and usually having the shape of an inverted cone.

(32) "Confluent growth" means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

(33) "Consecutive system" is a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

(34) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.

(35) "Conventional filtration treatment" means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

(36) "Corrosion inhibitor" means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

(37) "Cross-connection" means any actual or potential connection or structural arrangement between a public water supply and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.

(38) "CT" or "CTcalc" is the product of "residual disinfectant concentration" (C) in mg/l determined before or at the first customer, and the corresponding "disinfectant contact time" (T) in minutes, i.e., "C" x"T". If a public water system applies disinfectants at more than one point prior to the first customer, it shall determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or "total inactivation ratio." In determining the total inactivation ratio, the public water system shall determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). "CT99." is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. CT99. for a variety of disinfectants and conditions appear in Tables 1.1 -1.6, 2.1, and 3.1 of R.61-58.10(F)(2)(c).

CTcalc

----------------------------------------------------------

CT99.9

is the inactivation ratio. The sum of the inactivation ratios, or total inactivation ratio shown as

. (CTcalc)

---------------------------------------------------------------

(CT99.9)

is calculated by adding together the inactivation ratio for each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia cysts.

(39) "Dedicated Fire Line" means a water line connected to a public water system which is designed and used solely for a fire protection system. Such lines must be provided with an acceptable and approved backflow prevention device and must not connect at any point downstream of that device with water lines or fixtures that are used for potable water.

(40) "Department" means the South Carolina Department of Health and Environmental Control, including personnel thereof authorized and empowered by the Board to act on behalf of the Department or Board.

(41) "Development" means repairing damage to the aquifer caused by drilling procedures and increasing the porosity and permeability of the geologic materials surrounding the intake portion of the well.

(42) "Diatomaceous earth filtration" means a process resulting in substantial particulate removal in which (1) a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and (2) while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.

(43) "Direct filtration" means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal.

(44) "Disinfectant" means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms.

(45) "Disinfectant contact time" ("T" in CT calculations) means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration ("C") is measured. Where only one "C" is measured, "T" is the time in minutes that it takes for water to move from the point of disinfectant application to a point before or where residual disinfectant concentration ("C") is measured. Where more than one "C" is measured, "T" is (a) for the first measurement of "C", the time in minutes that it takes for water to move from the first or only point of disinfectant application to a point before or at the point where the first "C" is measured and (b) for subsequent measurements of "C", the time in minutes that it takes for water to move from the previous "C" measurement point to the "C" measurement point for which the particular "T" is being calculated. Disinfectant contact time in pipelines shall be calculated based on "plug flow" by dividing the internal volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant contact time within mixing basins and storage reservoirs shall be determined by tracer studies or an equivalent demonstration.

(46) "Disinfected" means that the water is free of harmful or pathogenic organisms.

(47) "Disinfection" means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

(48) "Disinfection profile" is a summary of daily Giardia lamblia inactivation through the treatment plant. The procedure for developing a disinfection profile is contained in R.61-58.10.H(3) (Disinfection profiling and bench marking) and in R.61-58.10.I(4) (Disinfection profile).

(49) "Dispensing Station" means a facility where additional treatment is provided to water from an approved public water system, and that treated water is available to the general public. This does not apply to point of use devices in public buildings (e.g., restaurants and cafeterias, etc.).

(50) "Distribution Treatment Plant" means any facility located within the distribution system capable of altering the physical, chemical, radiological or bacteriological quality of the water in a public water system (i.e. chlorine booster station).

(51) "Domestic or other non-distribution system plumbing problem" means a coliform contamination problem in a public water system with more than one service connection that is limited to the specific service connection from which the coliform-positive sample was taken.

(52) "Dose equivalent" means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU).

(53) "Drawdown" means the difference in levels between the static water level in a well and the surface of the depressed water level that occurs when the well is pumped.

(54) "Drilling Fluid" means a water or air based fluid used in drilling to remove cuttings from the hole, to clean and cool the drill bit, to reduce friction between the drill pipe and the sides of the hole and to seal the bore hole.

(55) "Dry Line" means a water line project not connected to a source at the time application is made for the permit to construct.

(56) "Dual sample set" is a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an IDSE under subpart U of this part and determining compliance with the TTHM and HAA5 MCLs under subpart V of this part.

(57) "Dug well" means large diameter (24 to 60-inch) well generally of low yield which is usually excavated by hand and which penetrates only a few feet below the water table.

(58) "Effective corrosion inhibitor residual" for the purpose of R.61-58.11, Control of Lead and Copper, means a concentration sufficient to form a passivating film on the interior walls of a pipe.

(59) "Effective (grain) size" means the sieve size that retains 90 percent of the materials.

(60) "Emergency" means any event which adversely impacts the ability of the system to produce or deliver safe drinking water to the consumer.

(61) "Emergency Well" means a well that is operable and connected to the distribution system, but is not routinely operated or sampled. Such wells are only available to be used during emergency situations and only in conjunction with a boil water advisory.

(62) "Enhanced coagulation" means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

(63) "Enhanced softening" means the improved removal of disinfection byproduct precursors by precipitative softening.

(64) "Expansion" means installation of additions, extensions, changes, or alterations to a public water system's existing source, transmission, storage or distribution facilities which will enable the system to increase in size its existing service area and/or number of authorized service connections.

(65) "Facilities Plan" means a document which consists of an assessment of the current and foreseeable water supply needs of a water system's service area; a detailed description of alternatives considered for meeting those needs; detailed cost estimates for the construction, operation and maintenance of the different alternatives, and the rationale for the alternative selected. For existing systems, the description of alternatives would include but not be limited to: a detailed description of existing facilities (source, treatment and distribution); description of any upgrade necessary to bring the existing facilities into compliance with the Act and these regulations; an assessment of the ability of the existing facilities, along with any necessary upgrade, to supply the current and foreseeable water supply needs of the area (including the ability to comply with any foreseeable regulatory changes); and a description of any other alternatives considered for meeting the water supply needs.

(66) "Federal Act" means the Federal Safe Drinking Water Act, as amended.

(67) "Filter profile" is a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

(68) "Filtration" means a process for removing particulate matter from water by passage through porous media.

(69) "Financial Plan" means a document which consists of projections that a water system's revenues and cash flow will be sufficient for meeting the cost of construction, operation and maintenance for at least five full years from the initiation of operations. The financial plan must also include assurances deemed necessary for the system to remain viable. Such assurances may include but not be limited to: 1) a projection of rates showing a significant coverage ratio, 2) escrow funds, 3) bonding and 4) letter of credit.

(70) "Finished water" is water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals).

(71) "Fire Flow" means five hundred (500) gallons per minute or the flow required for fire protection by the local government or public water system, whichever is greater.

(72) "First draw sample" means a one-liter sample of tap water, collected in accordance with R.61-58.11(H)(2), Sample Collection Methods, that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.

(73) "Flocculation" means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.

(74) "Flowing stream" is a course of running water flowing in a definite channel.

(75) "Formation" means any substantial interval penetrated during the drilling of a well in which the geologic materials have distinct compositional characteristics with respect to adjacent overlying and underlying intervals.

(76) "Fracture Zone" means any level or interval penetrated during drilling which has void spaces caused by breakage of the formation.

(77) "GAC10" means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with R.61-58.5.P(2)(b) MCLs shall be 120 days.

(78) "GAC20" means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

(79) "Geologic Material" means naturally occurring matter derived from or consisting of rock and sediment.

(80) "Geophysical logging" means any number of techniques that measure some electrical, chemical or radioactive property of the subsurface, either characteristic of the ground water or of the rocks in which the ground water occurs.

(81) "Gross alpha particle activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

(82) "Gross beta particle activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

(83) "Groundwater" means subsurface water found in void spaces in geologic materials within the zone of saturation.

(84) "Groundwater Treatment Plant" means any facility capable of altering the physical, chemical, radiological or bacteriological quality of groundwater for public consumption in a public water system.

(85) "Ground water under the direct influence of surface water (GWUDI)" means any water beneath the surface of the ground with (1) significant occurrence of insects or other microorganisms, algae, or large-diameter pathogens such as Giardia lamblia, or (2) Cryptosporidium, or (3) significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Direct influence shall be determined for individual sources in accordance with criteria es