Printed Page 4741, May 30
| Printed Page 4760, May 30
|
Printed Page 4741, May 30
| Printed Page 4760, May 30
| 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 420,000 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 the environment. In developing annual pollutant loading rates and cumulative pollutant loading rates, the department shall consider:
(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.
(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 420,000 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.
(B) The minimum separation distance in feet required between a waste utilization area and waters of the State, ditches, and swales that drain directly into waters of the State is 100 feet.
(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 420,000 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
(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 pollution assimilative capacity of the receiving water body before permitting new or expanded animal feeding operations. The department may require alternative waste treatment in watersheds which are nutrient-sensitive.
(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.
(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.
(B) 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 animal feeding operations in a defined area and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity. All permit decisions shall ensure that the waste treatment and utilization alternative with the least adverse impact on the environment be utilized. Cumulative and secondary effects shall include, but are not limited to, runoff from land application of animal waste and an animal feeding operation, evaporation and atmospheric deposition of elements, ground water or aquifer contamination, buildup of elements in the soil, and other potential and actual point and nonpoint sources of pollution in the vicinity.
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 420,000 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 420,000
(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.
Section 47-20-120. (A) No waste may be released from the premises of an animal feeding operation to waters of the State unless the waste is treated to drinking water quality standards.
(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 420,000 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
(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.
(B) The department shall determine the appropriate fee for permit renewals.
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.
(B) The department shall promulgate regulations for siting and managing animal feeding operations with a capacity of 420,000 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 explained the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. SPEARMAN spoke against the amendment.
Rep. FELDER moved to table the motion.
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Cave Chamblee Dantzler Delleney Easterday Felder Fleming Gamble Harris, P. Harvin Inabinett Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Littlejohn Loftis McAbee McCraw McTeer Phillips Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Tripp Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wright
Those who voted in the negative are:
Allison Baxley Beck Breeland Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Govan Harrell Harris, J. Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Lanford Law Limehouse Lloyd Mason McElveen McMahand Meacham Neal Neilson Richardson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, R. Stille
Townsend Trotter Tucker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
So, the House refused to table the amendment.
Rep. QUINN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Beck Breeland Brown, J. Brown, T. Byrd Canty Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Govan Hallman Harrell Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Lanford Law Limehouse Lloyd Mason McElveen McMahand Meacham Neal Neilson Richardson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, R. Stille Trotter Tucker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
Those who voted in the negative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell
Cato Cave Chamblee Dantzler Delleney Easterday Felder Fleming Gamble Harvin Inabinett Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Littlejohn Loftis Martin McAbee McCraw Phillips Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Vaughn Waldrop Walker Whatley Wilder Wilkes Wilkins Witherspoon Wright
So, the amendment was adopted.
Rep. RICE proposed the following Amendment No. 14A (Doc Name P:\amend\PT\2608JM.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Notwithstanding any other provision of this act or of law, the closed United States Naval Base in Charleston County and the plant at the Savannah River Site are exempt from any regulations which restrict economic development of the hog industry./
Renumber SECTIONS to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. SEITHEL moved to table the amendment, which was agreed to by a division vote of 60 to 28.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.
Rep. KLAUBER proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3847DW.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION 1. Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted `National Guard' and the figure of the `Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this
Printed Page 4741, May 30
| Printed Page 4760, May 30
|