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Section 47-20-20. (A) All siting requirements for animal feeding operations must be measured from property lines.

(B) After June 30, 1996, these setback limits for new or expanded animal feeding operations which utilize a lagoon or a waste storage pond, or both, apply:

(1) For an animal feeding operation with a capacity of 160,000 to 480,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,000 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.

(2) For an animal feeding operation with a capacity of 480,001 to 960,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,250 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.

(3) For an animal feeding operation with a capacity of 960,001 to 1,440,000 pounds of normal production live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,500 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.

(4) For animal feeding operations with a capacity of more than 1,440,001 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,750 feet. The minimum separation distance between an agricultural facility and real property owned by another person is 1000 feet.

(6) The minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 1,320 feet (1/4 mile). 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 and a waste storage pond and waters of the State is 2,640 feet (1/2 mile). A minimum 100-foot vegetative buffer of plants and trees is required. However, if an owner or operator of an animal feeding operation has a Natural Resource Conservation Service employee or a state-certified engineer create a waste management plan design to control the discharge from a failed lagoon so that it will not enter waters of the State and certify that the plan has been implemented as specified, then the minimum separation distance between a lagoon and a waste storage pond and waters of the State is 500 feet.

(7) The minimum separation distance between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 500 feet. If the waters are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 1,000 feet. A minimum 100-foot vegetative buffer of plants and trees is required.

(8) If an animal feeding operation established as of July 1, 1996, wishes to expand and cannot feasibly do so under the requirements set forth in this section as determined by the department, the operation may be allowed to expand one time to 160,000 pounds of normal production animal live weight above its permitted number as of July 1, 1996, even if the operation cannot meet the requirements of this section.

(9) If a lagoon or waste storage pond, or both, breaches or fails in any way, the owner or operator of the animal feeding operation immediately must notify the department and the appropriate local government officials.

(C) The minimum separation distance in feet required between a ditch or swale which drains directly into waters of the State and all animal feeding operations is 100 feet.

(D) No new animal feeding operation or expansion of an established animal feeding operation may be located in the 100-year floodplain unless protected from flooding as provided for in regulations of the Federal

(E) Streams or rivers used as surface intake for potable water supply may not be used as a receiving stream outflow from animal feeding operations, and there may not be any direct water linkage or flood facility drainage linkage between the animal feeding operation and a stream or river utilized as a supply of drinking water unless waste is treated to drinking water quality standards.

(F) The setback limits are minimum siting requirements. The department shall promulgate regulations specifying factors that the department shall evaluate in determining whether additional separation distances are required under certain circumstances. These factors include, at a minimum:

(1) proximity to 100-year flood plain;

(2) soil type;

(3) location in watershed;

(4) nutrient sensitivity of receiving waters;

(5) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;

(6) proximity to other point and nonpoint sources; and

(7) slope of the land.

Section 47-20-30. A separation distance requirement as provided in Section 47-20-20(1)-(4) does not apply to an animal feeding operation which is constructed or expanded, if the titleholder of adjoining land to the animal feeding operation executes a written waiver with the title holder of the land where the animal feeding operation 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 Mesne Conveyances of the county in which the benefitted land is located. The filed waiver precludes enforcement by the State of Section 47-20-20 (B)(1) - (4) as it relates to the animal feeding operation and to real property owned by another person.

Section 47-20-40. (A) The department shall promulgate regulations relating to land application rates for animal waste for animal feeding operations of a capacity for more than 160,000 pounds of normal production animal live weight at any one time. These rates must be based on the waste's impact on the environment, animals, and people living in

(1) soil type;

(2) type of vegetation growing in land-applied area;

(3) proximity to 100-year flood plain;

(4) location in watershed;

(5) nutrient sensitivity of receiving land and waters;

(6) soil and sediment tests of receiving land and waters;

(7) nutrient, heavy metal, and pollutant content of the waste being applied;

(8) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; 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 ground water aquifer;

(12) timing of waste application to coincide with vegetative cover growth cycle;

(13) timing of harvest of vegetative cover;

(14) hydraulic loading limitations; and

(15) soil assimilative capacity;

(16) type of vegetative cover and its nutrient uptake ability;

(17) method of land application.

(B) The department shall require calibration of spray irrigation equipment.

(C) Waste must not be applied to or discharged onto land surface when the vertical separation between the waste and the water table is less than 1 1/2 feet.

(D) The department shall ensure that owners or operators adhere to land application rates.

Section 47-20-50. The following application rates shall only apply to animal feeding operations with a capacity of more than 160,000 pounds of normal production animal live weight at any one time.

(A) The minimum separation distance in feet required between a waste utilization area and real property owned by another person on which a residence is located is 200 feet from property lines that are within 1,000 feet of the residence. The 200-foot setback is waived with the consent of the owner of the residence; however, the owner may not agree to less than 100 feet from the residence.

(C) The minimum separation distance in feet required between a waste utilization area and a public and private drinking water well is 200 feet.

Section 47-20-60. (A) The department shall promulgate regulations governing maximum lagoon size and minimum lagoon size, based on the permitted number of animal units to be maintained at the animal feeding operation. However, no single lagoon may exceed four acres.

(B) Lagoons and waste storage ponds for animal feeding operations with a capacity for more than 160,000 pounds of normal production animal live weight at any one time must be lined with a combination of natural and synthetic material which results in a permeability rating equal to or more protective than that required for human waste lagoons.

(C) The owner or operator of an animal feeding operation shall obtain certification from a licensed engineer or an appropriate Natural Resource Conservation Service employee that the operation's lagoon and waste storage pond were designed, constructed, and installed in accordance with regulatory specifications.

(D) Before the construction of a lagoon and a waste storage pond, the owner or operator shall remove all under-drains that exist from previous agricultural operations.

(E) Waste must not be placed directly in or allowed to come into contact with groundwater. Additionally, the minimum separation distance between the lowest point of the lagoon and a waste storage pond and the highest point of the water table beneath the lagoon is 2 feet, unless adequate provisions have been taken and meet the standards established in regulations promulgated by the department.

(F) The department shall conduct a study of alternative technologies for the treatment of animal waste from animal feeding operations and promulgate regulations governing the use of these alternative treatment technologies. Every five years the department shall review changing technologies relating to the treatment of animal waste and promulgate appropriate regulations as needed. The department shall determine which animal feeding operations are required to use aerobic lagoons or other treatment technology.

(G) 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, ground water or aquifer contamination, pathogens or other elements, and the

(H) Disposal of animal carcasses or body parts into waste lagoons is prohibited.

Section 47-20-70. (A) No person 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, or marine life;

(3) property;

(4) enjoyment of life or use of affected property.
(B) The department may require these abatement or control practices:

(1) removal or disposal of odorous materials;

(2) methods in handling and storage of odorous materials that minimize emissions;

(3) prescribed standards in the maintenance of premises to reduce odorous emissions;

(4) best available control technology to reduce odorous emissions.

(C) After determining an undesirable level of odor exists, the department shall require remediation of the undesirable level of odor.

(D) Nothing in this section prohibits an individual or group of persons from bringing a complaint against an animal feeding operation.

Section 47-20-80. (A) The department, in consultation with the State Veterinarian, shall promulgate regulations relating to the control of vectors.

(B) All animal feeding operations shall utilize Best Management Practices as appropriate for the control of vectors and department regulations in order to maximize vector control.

Section 47-20-90. (A) 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.

Section 47-20-100. The department shall establish the amount of an application and annual operation fee in accordance with the Environmental Protection Fund Act, Section 48-2-10 of the 1976 Code, to cover, at a minimum, an annual inspection of all animal feeding operations in the State with a capacity for more than 160,000 pounds of normal production animal live weight at any one time. The annual inspection must include, but is not limited to, an on-site visit, review of the implementation of a waste management plan, review of results of monitoring analysis, annual pollutant loading rates, cumulative pollutant loading rates, and review of all records required by this chapter.

Section 47-20-110. (A) All animal feeding operations established after the effective date of this chapter which require the use of a lagoon and a waste storage pond and which have a capacity for more than 160,000 pounds of normal production animal live weight at any one time 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 in order to monitor seepage of waste from the lagoon.

(B) Each monitoring well installed must be analyzed at least once annually. However, the department may conduct routine and random visits to the animal feeding operation to sample the monitoring wells.

(C) Records must be kept by the owner or operator of the animal feeding operation according to regulations promulgated by the department.

(D) If leakage is discovered beyond an acceptable level as determined by the department, the lagoon must be repaired at the owner or operator's expense.

(B) Water that is completely surrounded by land owned by the applicant and has no connection to other water is excluded from the setback requirements outlined in this chapter.

Section 47-20-130. (A) Clemson University, in conjunction with the South Carolina Department of Agriculture and the department, shall create a training and certification program for owners or operators of animal feeding operations which shall include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal feeding operation and land application of animal waste; testing for toxic metals, organic materials, and other elements; use of antibiotics; implementing emergency procedures; and spill prevention protocols including testing and inspection of dikes.

(B) An operator of an animal feeding operation and waste utilization area must be certified on the operation of animal waste management under the program created in subsection (A).

Section 47-20-140. (A) For an animal feeding operation which has the capacity of more than 160,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department shall publish a notice of intent to construct or to expand an established animal feeding operation governed by this chapter in a local newspaper of general circulation, notify persons residing on adjoining property, and notify the relevant county commission and water supply district at the expense of the animal feeding operation applicant. Proof of notification of neighboring land owners and residents must be supplied by the applicant. This notice shall contain instructions for public review and comment to the department on the proposed construction and operation of the facility. The notice shall allow for a minimum thirty-day comment period.

(B) The department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department receives at least twenty letters requesting a public hearing.

Section 47-20-150. (A) Permits for animal feeding operations covered under this chapter must be renewed every seven years. However, subsequent to the issuance of a permit, if the animal feeding operation is not in operation or production for two consecutive years, the permit is not valid and a new permit must be obtained.

Section 47-20-160. (A) The department shall promulgate regulations for this act by January 1, 1998, and submit a report on its progress by January 1, 1997, in consultation with representatives from: the South Carolina Poultry Federation, South Carolina Pork Producer's Association, South Carolina Dairyman's Association, South Carolina Cattlemen's Association, South Carolina Farm Bureau Federation, South Carolina Wildlife Federation, South Carolina Chapter of the Sierra Club, South Carolina Coastal Conservation League, League of Women Voters, Clemson University, South Carolina State University, Natural Resource Conservation Service, South Carolina Department of Agriculture, South Carolina Shrimpers' Association, South Carolina Department of Natural Resources, Land Resources Division, and the South Carolina Association of Conservation Districts. Each organization may appoint one member to consult with the department regarding this chapter, regulations promulgated pursuant to this chapter, and the chapter's implementation. The department shall consult with representatives in meetings which must be conducted by the department, upon the call of the director of the department or the director's designee or upon request to the department of any three members. Representatives from these organizations may not receive mileage, per diem, or subsistence.

(B) The department shall promulgate regulations for siting and managing animal feeding operations with a capacity of 160,000 pounds of normal production of animal live weight or less at any one time, including land application of waste. The regulations must be at a minimum as protective as the department's current guidelines.

Section 47-20-170. Any violation of the provisions of this chapter is punishable as under the Pollution Control Act."

SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of This section do does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."

SECTION 3. This act takes effect July 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Rep. MEACHAM continued speaking.

Rep. HODGES spoke in favor of the amendment.

ACTING SPEAKER HARRELL granted Rep. EASTERDAY a leave of absence for the remainder of the day.

Rep. KNOTTS spoke against the amendment.

Rep. RISER spoke against the amendment.

Rep. G. BROWN spoke against the amendment.

Rep. RHOAD spoke against the amendment.

Rep. SHARPE spoke against the amendment.

Rep. SHARPE continued speaking.

Rep. MARTIN spoke in favor of the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 3A.

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

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