S 0823 General Bill, By Lander and Peeler
 A BILL TO AMEND SECTION 47-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SETBACK LIMITS FOR ANIMAL FEEDING OPERATIONS, SO AS TO MAKE THE
 SETBACK LIMITS AND OTHER RESTRICTIONS APPLICABLE ONLY TO OPERATIONS WITH A
 CAPACITY OF MORE THAN 420,000 POUNDS OF NORMAL PRODUCTION ANIMAL LIVE WEIGHT
 AT ANY ONE TIME; AND TO AMEND ACT 460 OF 1996, SO AS TO MAKE TECHNICAL
 CHANGES.

   06/05/97  Senate Introduced and read first time SJ-9
   06/05/97  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-9

TO AMEND SECTION 47-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETBACK LIMITS FOR ANIMAL FEEDING OPERATIONS, SO AS TO MAKE THE SETBACK LIMITS AND OTHER RESTRICTIONS APPLICABLE ONLY TO OPERATIONS WITH A CAPACITY OF MORE THAN 420,000 POUNDS OF NORMAL PRODUCTION ANIMAL LIVE WEIGHT AT ANY ONE TIME; AND TO AMEND ACT 460 OF 1996, SO AS TO MAKE TECHNICAL CHANGES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 47-20-20 of the 1976 Code is amended to read:

"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 420,000 420,001 to 840,000 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 840,001 to 1,260,000 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 1,260,001 to 1,680,000 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 an animal feeding operations operation with a capacity of more than 1,680,000 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 1,750 feet. The minimum separation distance between an agricultural facility and real property owned by another person is 1000 feet.

(5) The For an animal feeding operation with a capacity of more than 420,000 pounds of normal production animal live weight at any one time, the minimum separation distance between a lagoon and a waste storage pond and a public or private drinking water well is 500 feet.

(6) The For an animal feeding operation with a capacity of more than 420,000 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 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 For an animal feeding operation with a capacity of more than 420,000 pounds of normal production animal live weight at any one time, 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 For an animal feeding operation with a capacity of more than 420,000 pounds of normal production animal live weight at any one time, 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 For an animal feeding operation with a capacity of more than 420,000 pounds of normal production animal live weight at any one time, 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 with a capacity of more than 420,000 pounds of normal production animal live weight at any one time or expansion of an established animal feeding operation with a capacity of more than 420,000 pounds of normal production animal live weight at any one time may be located in the 100-year floodplain unless protected from flooding as provided for in regulations of the Federal Emergency Management Agency and the National Flood Insurance Program on Floodplain Management. Such construction or expansion must be certified by the department.

(E) Streams or rivers used as surface intake for potable water supply may not be used as a receiving stream outflow from an animal feeding operations operation with a capacity of more than 420,000 pounds of normal production animal live weight at any one time, 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 for an animal feeding operation with a capacity of more than 420,000 pounds of normal production animal live weight at any one time. 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 2. Section 3(D)(3) of Act 460 of 1996 is amended to read:

"(3) In promulgating the separate and distinct regulations, the department shall use the limits, distances, and other requirements provided in Section 1 of this act as the basis for the regulations. When the department submits the proposed regulations to the General Assembly for approval, in addition to the information which must be filed pursuant to Section 1-23-120 of the 1976 Code, the department shall include an explanation for each change proposed in the separate and distinct regulations from the requirements of Sections Section 1 and 2 of this act."

SECTION 3. Section 3(E) of Act 460 of 1996 is amended to read:

"(E) When the regulations promulgated by the department pursuant to this section are approved by the General Assembly or take effect without action of the General Assembly, the provisions of Sections Section 1 and 2 of this act, and any regulations promulgated pursuant to authority granted in Section 1 of this act, are thereby repealed and shall no longer have the force and effect of law."

SECTION 4. This act takes effect upon approval by the Governor.