R.61-43 Part 200 - Animal Facilities (Other than Swine)

200.10 Purpose, Applicability, Inactive Facilities and Facilities Permitted Prior to Effective Date of the Regulation.

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.
Applicability.
1. This part applies to:
  1. All new animal facilities;
  2. All expansions of existing animal facilities; and
  3. 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.
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.
5. 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.

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.
Permits issued under this regulation are no-discharge permits.
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.
The requirements under this part may be addressed in permits issued to producers who only land apply animal manure and other animal by-products.
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.
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.
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.

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).
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.
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.
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.
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.
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.
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.

Nuisances are addressed in Regulation 61-46.
Application and annual operating fees are addressed in Regulation 61-30.
The proper closeouts of wastewater treatment facilities are addressed in Regulation 61-82. This includes animal lagoons and manure storage ponds.
Permitting requirements for concentrated animal feeding operations as defined by Regulation 61-9 are contained in Regulation 61-9.
Setbacks and construction specifications for potable water wells and monitoring wells shall be in accordance with Regulation 61-71.
Permits for air emissions from incinerators are contained in Regulation 61-62.
Disposal of animal manure in a municipal solid waste landfill unit is addressed in Regulation 61-107.258.
Disposal of animal manure with domestic or industrial sludge is addressed in Regulation 61-9.
Procedures for contested cased are addressed in Regulation 61-72 and the Rules of the State=s Administrative Law Judge Division.
Laboratory Certification is addressed in Regulation 61-81.
Water Classifications and Standards are addressed in Regulation 61-68.

200.50 Permit Application Procedures (Animal Facility Management Plan Submission Requirements).

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.
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:
  1. Facility name, address, telephone number, county, and National Pollutant Discharge Elimination System Permit or other permit number (if applicable);
  2. Facility location description and the zoning restrictions in this area (this information is available from the county);
  3. Applicant's name, address, and telephone number (if different from above);
  4. Operator's name;
  5. Facility capacity;
    1. Number and type of animals;
    2. Pounds of normal production animal live weight at any one time;
    3. Amount of animal manure and other animal by-products generated per year (gallons for liquid animal manure and pounds for dry animal manure);
    4. Amount in tons of any scraped or separated solid animal manure and other animal by-products generated per year (if applicable);
    5. Description of animal manure and other animal by-products storage and storage capacity of lagoon, treatment system or manure storage pond (if applicable); and
    6. Description of animal manure and other animal by-products treatment (if any).
  6. Concentration of constituents in liquid animal manure including but not limited to the constituents given below:
    1. Nutrients.
      1. Nitrate (only needed for aerobic systems).
      2. Ammonium-Nitrogen.
      3. Total Kjeldahl Nitrogen (TKN).
      4. Organic-Nitrogen (TKN - Ammonium-Nitrogen).
      5. P₂O₅.
      6. K₂O (potash).
    2. Constituents.
      1. Arsenic.
      2. Copper.
      3. Zinc.
    3. Name, address, SC lab certification number, and telephone number of the laboratory conducting the analyses.
    4. 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.
  7. Concentration of constituents in dry animal manure including but not limited to the following:
    1. Nutrients (on a dry weight basis).
      1. Total Kjeldahl Nitrogen (mg/kg).
      2. Total inorganic nitrogen (mg/kg).
      3. Total ammonia nitrogen (mg/kg) and Total nitrate , nitrogen (mg/kg).
      4. P₂O₅ (mg/kg).
      5. K₂O (mg/kg).
      6. Calcium Carbonate equivalency (if animal manure is alkaline stabilized).
    2. Constituents (on a dry weight basis).
      1. Arsenic (mg/kg).
      2. Copper (mg/kg).
      3. Zinc (mg/kg).
    3. Name, address, SC lab certification number, and telephone number of the laboratory conducting the analyses.
    4. 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.
  8. Animal manure and other animal by-products handling and application information shall be included as follows:
    1. 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;
    2. 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;
    3. Type of equipment used to transport and/or spread the animal manure and other animal by-products (if applicable); and
    4. For spray application systems, plans and specifications with supporting details and design calculations for the spray application system.
  9. Facility and manure utilization area information shall be included (as appropriate):
    1. Name and address of landowner and location of manure utilization area(s);
    2. List previous calendar years that animal manure was applied and application amounts, where available;
    3. Facility and manure utilization area location(s) on maps drawn to approximate scale including:
      1. Topography (7.5' or equivalent) and drainage characteristics (including ditches);
      2. 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;
      3. 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;
      4. Adjacent surface water bodies (including ephemeral and intermittent streams);
      5. Animal manure utilization area boundaries and buffer zones;
      6. Right-of-Ways (Utilities, roads, etc.);
      7. Soil types as given by soil tests or soils maps, a description of soil types, and boring locations (if applicable);
      8. Recorded Plats, Surveys, or other acceptable maps that include property boundaries; and
      9. Information showing the 100-year floodplain (as determined by FEMA).
    4. 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:
      1. Producer's name, farm name and county in which the farm is located;
      2. Landowner's name, address, phone number;
      3. Location (map with road names and county identified) of the land to receive manure application;
      4. Field acreage, acreage less setbacks, and crops grown;
      5. Name of manure hauler;
      6. Name of manure applier;
      7. 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
      8. 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.
    5. 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.
Groundwater monitoring well details and proposed groundwater monitoring program (if applicable).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).
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).
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.
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.
Plans and specifications for all other manure treatment or storage structures, such as holding tanks or manure storage sheds.
All ANotice 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.
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.
Adjoining property owners written agreement for reduction of setbacks (if applicable).
Application fee and first year=s operating fee as established by Regulation 61-30.
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.
1. Applicants shall submit all required information in a format acceptable to the Department.
2. 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.
3. Application packages for permit modifications only need to contain the information applicable to the requested modification.

200.60 Public Notice Requirements.

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.
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.
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.
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.
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.
The Department shall consider all relevant comments received in determining a permit decision.
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.
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.
For permit denials, the Department shall give the permit applicant a written explanation, which outlines the specific reasons for the permit denial.
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.
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.

No permit shall be issued before the Department receives a complete application for a permit.
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.
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.
A site inspection shall be made by the Department before a permit decision is made.
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.
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.
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.
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.
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.
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.
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.
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.
The Department may conduct a final inspection before granting authorization to a producer to begin operations.
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.
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.

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.
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.
1. Siting requirements applicable to all animal lagoons, treatment systems, and manure storage ponds.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
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.
All lagoon and manure storage pond setbacks contained in this part shall be measured from the outside toe of the dike.
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.
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.
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.

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.
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 2) feet of freeboard.
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.
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.
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.
Monitoring wells may be required by the Department on a case-by-case basis upon Department review of the submittal package.
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.
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.
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.
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.
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.
Lagoons and manure storage ponds shall be completely enclosed with an acceptable fence, unless a fence waiver is obtained from the Department.
Lagoons and manure storage ponds shall have at least four warning signs posted around the perimeter of the structure. These signs should read, AWarning - Deep and Polluted Water@, and one should be posted on each side of the lagoon or manure storage pond.
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.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.
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.

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).

Constituent Limits for Land Application of Liquid and Dry Animal manure and other animal by-products and Operational Practices for Land Application.

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:

Constituent Limits. If animal manure and other animal by-products subject to a constituent limit is applied to land, either:
1. 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
2. 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.

Constituent concentrations and loading rates - animal manure and other animal by-products.

Cumulative constituent loading rates.
Constituent concentrations.
Annual constituent loading rates.

TABLE 1 OF SECTION 200.100 - CUMULATIVE CONSTITUENT LOADING RATES

Constituent	Cumulative Constituent Loading Rate (kilograms per hectare)	Cumulative Constituent Loading Rate (pounds per acre)
Arsenic	41	37
Copper	1500	1339
Zinc	2800	2499

TABLE 2 OF SECTION 200.100 - CONSTITUENT CONCENTRATIONS

Constituent	Monthly Average Concentrations- Dry weight basis (mg / kg)
Arsenic	41
Copper	1500
Zinc	2800

TABLE 3 OF SECTION 200.100 - ANNUAL CONSTITUENT LOADING RATES

Constituent		Annual Constituent Loading Rate (kilograms/hectare/365-days)	Annual Constituent Loading Rate (pounds/acre/365 day period)
Arsenic	1.8	2.0	1.8
Copper		75	67
Zinc		140	125

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.
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.
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.
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.
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).
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).

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.
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.
Animal manure and other animal by-products shall not be placed directly in groundwater.
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.
No producer shall apply animal manure and other animal by-products to the land except in accordance with the requirements in this part.
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.
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.
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.
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.
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.
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.
The permittee shall obtain information needed to comply with the requirements in this part.
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.
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.
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.
When the Department receives nuisance complaints on a land application site, the Department may restrict land application of animal manure on weekends.
The Department may require manure, spread on cropland, to be disked in immediately.
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.
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.
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.
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.

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.
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.
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).
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.
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.

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.
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.
Animal manure distribution systems shall be designed so that the distribution pattern optimizes uniform application.
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.
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.
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.
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.
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.
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.

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.
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.
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
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.

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.
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.
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:
  1. The emission of particulate matter shall be less than one pound per hour at the maximum rated capacity;
  2. 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
  3. 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.
4. 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.
5. Disposal of dead animals in a municipal solid waste landfill shall be in accordance with Regulation 61-107.258.
6. 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.
7. 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.

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.
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.
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.
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.
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.Part 200.130 Dead Animal Disposal Requirements & Part 200.140 Other Requirements
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.
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.
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.
Permittees shall maintain all-weather access roads to their facilities at all times.
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.

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.
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.
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.
After determining an undesirable level of odor exists, the Department shall require remediation of the undesirable level of odor.
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;
  1. Dry manure to a moisture content of 50% or less;
  2. Use disinfection to kill microorganisms present in manure;
  3. Aerate manure;
  4. Compost solid manure and other animal by-products;
  5. Utilize Odor Control Additives.
3. Prescribed standards in the maintenance of premises to reduce odorous emissions;
  1. Filtration (biofilters or other filter used to remove dust and odor) of ventilation air;
  2. Keep animals clean or separate from manure;
  3. Adjust number of animals confined in the pens or paddocks in accordance with Clemson University Animal Space Guidelines.
  4. Increase the frequency of manure removal from animal houses;
  5. Keep feeding areas dry, and minimize waste feed accumulation;
  6. Maintain feedlot surfaces in a dry condition (25%-40% moisture content), with effective dust control;
  7. Maintain the dead animal disposal system;
  8. 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);
  9. Plant trees around or downwind of the manure and other animal by-products storage and treatment facilities;
  10. Incorporate manure and other animal by-products immediately after land application;
  11. Select appropriate times for land application.
4. Best Available Technology to reduce odorous emissions.
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.

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.
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.
The Department shall require remediation of the problem to the satisfaction of the Department, after determining a vector problem exists.
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;
  1. Remove spilled or spoiled feed from the house as soon as practicably possible not to exceed 48 hours, unless otherwise approved by the Department;
  2. Remove and properly dispose of dead animals as soon as practicably possible not to exceed 24 hours, unless otherwise approved by the Department;
  3. Increase the frequency of manure removal from animal houses;
  4. Prevent solids buildup in the pit storage or on the floors or walkways;
  5. Remove excess manure packs along walls and curtains;
  6. Compost solid manure and other animal by-products;
  7. Appropriately use vector control chemicals, poisons or insecticides (take caution to prevent insecticide resistance problems);
  8. Utilize traps, or electrically charged devices;
  9. Utilize biological agents;
  10. Utilize Integrated Pest Management;
  11. Incorporate manure and other animal by-products immediately after land application.
3. Prescribed standards in the maintenance of premises to reduce vector attraction;
  1. Remove any standing water that may be a breeding area for vectors;
  2. Keep animals clean or separated from manure;
  3. Keep facility clean and free from trash or debris;
  4. Properly utilize and service bait stations;
  5. Keep feeding areas dry, and minimize waste feed accumulation;
  6. Keep grass and weeds mowed around the facility and manure storage or treatment areas;
  7. Properly maintain the dead animal disposal system;
  8. 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);
  9. Properly store feed and feed supplements;
  10. Conduct a weekly vector monitoring program;
  11. Be aware of insecticide resistance problems, and rotate use of different insecticides;
  12. Prevent and repair leaks in waterers, water troughs or cups;
  13. 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 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.
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.
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.
Records for the facility to include the following:
1. Monthly animal count; and
2. Mortality count and method of disposal.
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.
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.
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.

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.
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.
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.

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.
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.
The training and certification program shall be completed by operators of new facilities within one year of the effective date of the issued permit.
The training and/or certification program shall be completed by operators of existing facilities within two years of the effective date of this regulation.
Training and/or certification shall be maintained as long as the facility remains in operation.
Failure to obtain the training and/or certification as provided in this Section shall be deemed a violation of this Regulation.

200.200 Violations.

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.
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.