Part 400 Manure Broker Operations

400.10 Purpose and Applicability.

Purpose.
1. To protect the environment and the health and welfare of citizens of the State from pollutants generated by the processing, treatment and land application of dry animal manure and other animal by-products.
2. To establish standards, which consist of general requirements, constituent limits, management practices, and operational standards, for the use of dry animal manure and other animal by-products generated at animal facilities. Standards are included in this part for dry animal manure and other animal by-products applied to the land.
3. To establish standards for the frequency of monitoring and record keeping requirements for brokers who operate dry animal manure and other animal by-products handling businesses.
4. To establish standards for the proper operation and maintenance of dry animal manure and other animal by-products treatment and storage facilities associated with manure brokering operations.
5. To establish criteria for dry animal manure and other animal by-products storage facilities and manure utilization areas location as they relate to protection of the environment and public health. The location of dry animal manure and other animal by-products storage facilities and manure utilization areas as they relate to zoning in an area is not covered in this regulation. Local county or municipal governments may have zoning requirements and these regulations neither interfere with nor restrict such zoning requirements. Permit applicants should contact local municipal and county authorities to determine any local requirements that may be applicable.
Applicability.
1. This part applies to:
  1. All new and expanding dry manure brokering operations;
  2. All dry animal manure and other animal by-products treatment or storage facilities operated by brokers; and
  3. Permanent manure utilization areas added to a manure broker management plan.
2. This part applies to all dry animal manure and other animal by-products taken, bought, given or sold by a manure broker.
3. This part applies to all land where dry animal manure and other animal by-products bought, given, taken or sold by a manure broker is applied.
4. This part applies to out-of-state and in-state based manure brokers who accept manure and other animal by-products from agricultural animal facilities located in the State,
5. This part applies to all manure brokers who bring animal manure and other animal by-products from other states into the state of South Carolina.
6. Part 200.80 C. (Dry Animal manure and other animal by-products Treatment and Storage Facility Siting Requirements) of this regulation applies to dry animal manure and other animal by-products treatment or storage facilities proposed by brokers.
7. If a manure broker proposes to handle, process, treat, or store liquid animal manure as a part of the operation, the requirements of this part shall be met, at a minimum. However, the Department may require that the applicant meet additional requirements applicable to liquid manure that are included in Part 100 and Part 200.
8. Existing brokers that hold a valid permit from the Department are deemed permitted under this regulation, and do not need to apply for a new permit. The deemed permitted brokers shall meet all the requirements of this part.

400.20 Permits and Compliance Period.

Permit Requirement. Animal manure and other animal by-products from an animal facility with dry manure handling can only be handled, stored, treated, processed, or land applied in the State in accordance with a permit issued by the Department. The handling, storage, treatment, and final utilization of animal manure and other animal by-products from a manure broker operation shall be permitted under the provisions of this part before the broker can operate in the State.
Notification Requirements. The permittee shall notify the Department in writing and receive written Departmental approval, prior to any change in operational procedures in a permitted broker operation, including, but not limited to, the following:
1. Change in operations or in manure and other animal by-products treatment, handling, or utilization;
2. Change in contracts routinely used in manure and other animal by-products transfers; or
3. Termination of operations.

400.30 Relationship to Other Regulations. The following regulations are referenced throughout this part and may apply to facilities covered under this regulation.

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 regulation includes animal manure treatment 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.

400.40 Permit Application Procedures (Broker Management Plan Submission Requirements).

A broker who proposes to operate a dry animal manure brokering operation or expand an existing operation shall make application for a permit under this part using an application form as designated by the Department. The following information shall be included in the application package.
1. A completed application form.
2. A Broker Management Plan prepared by qualified Natural Resources Conservation Service personnel, a SC registered professional engineer, or other qualified individuals, such as soil scientists. The Comprehensive Nutrient Management Plan shall at a minimum contain:
  1. Brokering Operation name, address, telephone number, county, and permit number (if applicable);
  2. Applicant's name, address, and telephone number (if different from above);
  3. Broker's name;
  4. Dry Animal manure and other animal by-products Storage or Treatment Facility Information (if applicable):
    1. Description of animal manure and other animal by-products storage and storage capacity;
    2. Description of animal manure and other animal by-products treatment (if any);
    3. Facility location description and the zoning or land use restrictions in this area (this information should be obtained from the county). Facility shall meet the siting requirements outlined in Section 200.80.C of this regulation;
  5. Animal manure and other animal by-products handling and application information shall be included as follows:
    1. A general crop management plan which includes the optimum time of year of the animal manure and other animal by-products application and how it relates to crop type, crop planting, and harvesting schedule (if applicable) in general for manure utilization areas in the State. This information should be used as a guide in the absence of more accurate information. The Plan Preparer may need to include this information for the different regional areas of The State, as necessary, to provide the broker with general crop information for the entire State;
    2. Type of equipment used to transport and/or spread the animal manure and other animal by-products (if applicable);
    3. Description of services provided by the broker (clean-out houses, transport manure and other animal by-products, drop-off only, land application, incorporation of manure and other animal by-products into field, stacking or storing manure and other animal by-products, manure and other animal by-products treatment, etc.);
    4. Example of the contract or letter of intent to buy or accept animal manure and other animal by-products between the broker and the producer who is supplying the animal manure and other animal by-products; and
    5. Example of the manure transfer contract to be used for the transfer of animal manure and other animal by-products between the broker and the person(s) who is accepting or purchasing the animal manure and other animal by-products. The Department has developed a Manure transfer contract that can be used or the broker may develop his own contract as long as it contains the minimum information outlined in part 400.60.B.12.
3. The Broker Management Plan shall contain an odor abatement plan for the dry animal manure and other animal by-products storage or treatment facility or manure utilization areas, as appropriate.
4. A Vector Abatement Plan shall be developed for the dry animal manure and other animal by-products storage or treatment facility or land application areas, (if applicable).
5. Soil Monitoring Plan. A soil monitoring plan shall be developed for all broker operations.
6. Plans and specifications for the construction and operation of all manure and other animal by-products treatment or storage structures, such as composters or manure storage sheds that are to be owned and operated by the brokering operation.
7. Adjoining property owners written agreement for reduction of setbacks for any manure storage and/or treatment facilities (if applicable).
8. Application fee and first year=s operating fee as established by Regulation 61-30.
The Department may request an applicant to provide any additional information deemed necessary to complete or correct deficiencies in the broker operation permit application prior to processing the application or issuing, modifying, or denying a permit.
Applicants shall submit all required information in a format acceptable to the Department.
Incomplete submittal packages may be returned to the applicant by the Department. An application package for a permit is complete when the Department receives all of the required information, which has been completed to its satisfaction.
Application packages for permit modifications only need to contain the information applicable to the requested modification.

400.50 Permit Decision Making Process.

No permit shall be issued before the Department receives a complete application for a permit.
After the Department has received a complete application package, a technical review shall be conducted by the Department. The Department may request any additional information or clarification from the applicant or the preparer of the Broker Management Plan to help with the determination on whether a permit should be issued or denied. If a permit application package meets all applicable requirements of this part, a permit may be issued.
A site inspection of any proposed sites for dry animal manure and other animal by-products storage or treatment facilities shall be made by the Department before a permit decision is made.
For permit issuances, the Department, at the expense of the applicant, shall publish a notice of issuance of a permit to operate a dry animal manure brokering operation in a local newspaper of general circulation in the area of the broker=s base of operations.
For permit denials, the Department shall give the permit applicant a written explanation, which outlines the specific reasons for the permit denial.
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 and an effective date. The effective date shall be at least twenty (20) days after the issue date to allow for any appeals. If a timely appeal is not received, the permit is effective.
Permits issued under this part for broker operations shall be renewed at least every five years. However, subsequent to the issuance of a permit, if the broker operation is not in operation or production for two consecutive years, the permit is no longer valid and a new permit shall be obtained. If the Broker does not apply for permit renewal or does not fulfill the requirements of the permit renewal, the permit is terminated.
An expired broker operation permit which was issued under this part continues in effect until a new permit is effective only if the permittee submits a complete application, to the satisfaction of the Department, at least 120 days before the existing permit expires. The Department may grant permission to submit an application later than the deadline for submission stated above, but no later than the permit expiration date. If the facility has been closed for any two consecutive years since the last permit was issued, the provision for the expiring permit remaining in effect does not apply since the permit is no longer valid. Permittees shall notify the Department in writing when they go out of business.
The Department shall review all broker operation records for permit renewal at the time of application. The Department may require that routine application sites are added to the broker management plan. These manure utilization areas that are added to the broker management plan shall meet all the requirements for manure utilization areas included in Part 200 of these regulations.
The brokering operation can only be built (if a manure storage or treatment facility was included) or operated when the permit is effective with no appeals pending. The dry animal manure and other animal by-products treatment or storage facility cannot be placed into operation until the Department grants written authorization to begin operations.
For manure brokers who do not have any constructed facilities associated with their operations, the Department shall issue a permit to operate with an effective date. Once this permit is effective, with no appeals pending, the broker may begin operations. No additional written authorization from the Department shall be required.
1. For manure brokers who are permitted to construct a storage or treatment facility associated with the brokering operation, authorization to begin operations shall be obtained prior to operation. To receive authorization to begin operations, the broker shall have the preparer of the Broker Management Plan submit to the Department written certification that the construction of the dry animal manure and other animal by-products treatment or storage facility has been completed in accordance with the approved Broker Management Plan and the requirements of this regulation.
The Department may conduct a final inspection of any dry animal manure and other animal by-products treatment or storage facilities before granting authorization to a broker to begin operations (if applicable).
The Department shall grant written authorization for the broker to begin operations of the dry animal manure and other animal by-products treatment or storage facility after it has received the certification statement in 400.50.M and the results of the final inspection, if conducted, are satisfactory.

400.60 Manure Utilization Area Requirements.

Application Rates. The Department shall approve a Broker Management Plan that establishes application rates based upon the limiting constituent (a nutrient or other constituent as given in item 400.60.B). The limiting constituent shall be Nitrogen, unless the soil test results exceed the limits for phosphorus. More information on maximum allowable constituent concentrations are outlined in item 400.60.B and item 400.60.C.
Constituent Limits for Land Application of Dry Animal manure and other animal by-products and Operational Practices for Land Application.
1. Dry animal manure and other animal by-products. When the animal manure analysis indicates there are high levels of arsenic, copper, zinc, or other constituent of concern, the producer shall comply with the following criteria:
  1. 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 loading rate in Table 1 of Section 400.60; or
    2. The concentration of each constituent in the animal manure and other animal by-products shall not exceed the concentration in Table 2 of Section 400.60.
  2. Constituent concentrations and loading rates - animal manure and other animal by-products.
    1. Cumulative constituent loading rates.
    2. Constituent concentrations.
    3. Annual constituent loading rates.
  3. Additional constituent limits may be required, from the application information or subsequent monitoring in a permit thereafter, but such needs shall be assessed on an individual project basis.
  4. No person shall apply animal manure and other animal by-products to land if any of the loading rates in Table 1 of Section 400.60.B.1 have been reached.
  5. No person shall apply animal manure and other animal by-products to land during a 365-day period after the annual application rate in Table 3 of Section 400.60.B.1 has been reached.
  6. If animal manure and other animal by-products have not been applied to the site, the cumulative amount for each constituent listed in Table 2 of Section 400.60.B.1 may be applied to the site in accordance with Section 400.60.B.1.a.i (cumulative loading rate shall not exceed the cumulative constituent loading rate).
  7. If animal manure and other animal by-products have been applied to the site and the cumulative amountof each constituent applied to the site in the animal manure and other animal by-products is known, the cumulative amount of each constituent applied to the site shall be used to determine the additional amount of each constituent that can be applied to the site in accordance with Section 400.60.B.1.a.i (cumulative loading rate shall not exceed the cumulative constituent loading rate).
  8. Manure application shall not exceed the agronomic rate of application for plant available nitrogen (PAN) for the intended crop(s) on an annual basis. For those years that fertilizer is land applied, manures in combination with the fertilizer shall not exceed the agronomic rate of nutrient utilization of the intended crop(s).
2. Any person who land applies animal manure and other animal by-products shall ensure that the applicable requirements in this part are met when the animal manure and other animal by-products are applied to the land.
Requirements for the land application of animal manure and other animal by-products.
1. Animal manure and other animal by-products shall not be applied to land that is saturated from recent precipitation, flooded, frozen, or snow-covered. Animal manure and other animal by-products shall not be applied during inclement weather, or when a significant rain event is forecasted to occur within 48 hours.
2. Animal manure and other animal by-products shall not be placed directly in groundwater.
3. Animal manure shall not be applied to cropland more than 30 days before planting or during dormant periods for perennial species, unless otherwise approved by the Department in an emergency situation.
4. The land application equipment, when used once or more per year, shall be calibrated at least annually by the person who land applies animal manure; more frequent calibrations may be required in a permit to ensure that proper application rates are being attained. If the land application equipment has not been used in over a year, the equipment shall be calibrated prior to use.
5. If the broker chooses to offer manure analysis as a service, the manure shall be analyzed at least once per year. If the broker does not perform manure analysis, the animal producer shall provide the broker with a copy of the most recent manure analysis. Dry animal manure information (as appropriate) shall be included as follows:
  1. Dry animal manure shall be analyzed for 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, and telephone number of the laboratory conducting the analyses.
    4. Analysis shall be conducted by a laboratory certified by the Department. This laboratory shall have and maintain certification for the constituents to be analyzed.
6. Permittees do not have to analyze for any constituent that they can demonstrate to the satisfaction of the Department is not present in their manure.
7. No person(s) accepting or purchasing manure or other animal by-products from a manure broker shall apply animal manure and other animal by-products to the land except in accordance with the requirements in this part. The broker shall inform the recipient of their responsibility to properly manage the land application of manure to prevent discharge of pollutants to waters of the State (including ephemeral and intermittent streams).
8. An animal producer who supplies animal manure to a broker shall provide the broker with the concentration of plant available nitrogen, phosphorus, potassium and the concentration of all other constituents listed in the permit. Unless the broker is providing an additional service of performing the manure analysis, which shall be agreed upon up-front in the manure transfer contract.
9. Animal manure and other animal by-products shall not be applied to or discharged onto a land surface when the vertical separation between the manure and other animal by-products and the seasonal water table is less than 1.5 feet at the time of application. For special cases, no land application can occur when the vertical separation from the ground surface to the water table is less than 1.5 feet at the time of application unless a situation is deemed an emergency with departmental concurrence.
10. Soil sampling (6-8 inches depth) shall be conducted for each field prior to manure application to determine the appropriate application rate. Each field should be sampled once per year. If manure application frequency will be less than once per year, at least one soil sample should be taken prior to returning to that field for land application again. This sample shall not be more than one year old. This information shall be obtained from person(s) accepting dry animal manure and other animal by-products prior to the delivery or land application of animal manure and other animal by-products by the broker. Soil phosphorus shall be addressed according to NRCS-CPS in the broker management plan. The Department may require additional limits on soil phosphorus in the permit conditions. Additional soil sampling may be required by the Department on a case-by-case basis to ensure there is no potential for groundwater contamination.
11. The permittee shall obtain information needed to comply with the requirements in this part.
12. A Manure Transfer Contract shall be developed for the Broker to use with any person who is accepting manure in quantities greater than twelve (12) tons per recipient per year. The contract should contain, at a minimum, the following information:
  1. Name, address, county and telephone number of the person who is purchasing or accepting animal manure and other animal by-products;
  2. Manure nutrient composition (pounds per ton of Plant Available Nitrogen, Phosphorus, and Potassium) to be filled in or provided by the broker. This information shall be obtained from the manure analysis results and the broker shall provide this information on the manure transfer contract;
  3. Land Application Field Information:
    1. Physical Description (acreage, crop, soil type);
    2. Soil Test Results (Phosphorus, Zinc, and Copper in pounds/acre); and
    3. Recommended Application Rates (Nitrogen, Phosphorus, and Potassium in pounds per acre as reported on a soil test).
  4. Attach a copy of a soils map, topographic map, county tax map, plat, FSA map, OR a site plan sketch which includes the following information:
    1. Manure application area with setbacks outlined;
    2. Known water supply wells within 100 feet of the property line;
    3. Adjacent surface waters, including ditches, streams, creeks and ponds; and
    4. Identification of roads and highways to indicate location.
  5. Description of application equipment and name of person to land apply manure;
  6. Signed agreement that informs the land owner that he is responsible and liable for land applying the animal manure and other animal by-products in accordance with these regulations; and
  7. A copy of the land application requirements shall be provided to the recipient of the manure.
13. All persons who routinely accept manure and other animal by-products, in quantities greater than twelve tons per recipient per year, from a broker shall be listed in the approved Broker Management Plan at the time of permit renewal. The Broker Management Plan shall include the appropriate manure utilization area information for the sites routinely used by other persons. The person accepting the manure may be required by the Department to have a Management Plan and a permit for their manure utilization areas.
14. Dead animals shall be removed from dry manure prior to land application. The livestock producer is responsible for removing all dead animals from the manure prior to transfer. Manure brokers may not accept manure that contains dead animals, unless the broker plans to separate out the dead animals and handle the dead animals in accordance with a dead animal disposal plan approved by the Department.
15. When the Department receives nuisance complaints on a land application site, the Department may restrict land application of animal manure on the site completely or during certain time periods.
16. The Department may require manure, spread on cropland, to be disked in immediately.
17. Manure (solid or liquid) shall only be applied when weather and soil conditions are favorable and when prevailing winds are blowing away from nearby opposite dwellings.
18. Any manure that contains fly larvae and fly pupae shall be disked into the ground immediately or be treated with an approved and effective fly control method. If the manure utilization on a land application area creates a fly problem for the community, the owner and/or applicator shall be responsible for the control of all flies resulting from the application of the manure. Assistance in fly control and fly problem prevention can be obtained through contact with the local Clemson Extension Service Office.
19. Manure shall not be spread in the floodplain if there is danger of a major runoff event, unless the manure is incorporated during application or immediately after application.
20. Should the manure be stockpiled more than three (3) days, the manure shall be stored on a concrete pad and/or other acceptable means and covered with an acceptable cover to prevent odors, vectors and runoff. The cover should be properly vented with screen wire to let the gases escape.
21. Manure Brokers and other manure transporters shall use all sanitary precautions in the collection, storage, transportation, and spreading of manures. The body of all vehicles transporting manure shall be wholly enclosed, or shall at all times, while in transit, be kept covered with an appropriate cover provided with eyelets and rope tie-downs, or any other approved method which shall prevent blowing or spillage of loose material or liquids. Should any spillage occur during the transportation of the manure, the owner/operator shall take immediate steps to clean up the manure.
Setbacks for manure utilization areas.
1. The minimum separation distance in feet required between a manure utilization area and a residence is located is 300 feet. If there are no residences within 300 feet of the manure utilization area, manure may be utilized up to the property line. The setback may be waived with the written consent of the owner of the residence. If the application method is injection or immediate incorporation, manure can be utilized up to the property line.
2. The minimum separation distance in feet required between a manure utilization area and waters of the State (including ephemeral and intermittent streams) is 100 feet when dry manure is spread on the ground surface, 75 feet when incorporation is the application method, and 50 feet when injection is the application method. When incorporation is accomplished within twenty-four hours of the initial application, the distance can be reduced to 50 feet.
3. The minimum separation distance in feet required between a manure utilization area and ditches and swales that discharge to waters of the State including ephemeral and intermittent streams is 50 feet.
4. The minimum separation distance in feet required between a manure utilization area and a potable drinking water well is 100 feet.
5. The Department may establish additional application buffer setbacks for property boundaries, roadways, residential developments, dwellings, water wells, drainage ways, and surface water (including ephemeral and intermittent streams) as deemed necessary to protect public health and the environment. Factors taken into consideration in the establishment of additional setbacks would be animal manure application method, adjacent land usage, public access, aerosols, runoff prevention, adjacent groundwater usage, and potential for vectors and odors.
The Department may establish additional permitting restrictions based upon soil and groundwater conditions to ensure protection of the groundwater and surface waters of the State (including ephemeral and intermittent streams). Criteria may include but is not limited to soil permeability, clay content, depth to bedrock, rock outcroppings, and depth to groundwater.
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).
1. The Department may establish minimum requirements in permits for soil and/or groundwater monitoring, for manure utilization areas. Factors taken into consideration in the establishment of soil and groundwater monitoring shall include groundwater depth, operation flexibility, application frequency, type of animal manure, size of manure utilization area, and loading rate.
2. 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.
3. 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.
4. 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.

400.70 Other Requirements.

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 would adversely affect a federally listed endangered or threatened species, its habitat, or a proposed or designated critical habitat.
4. Aquifer Vulnerability Area, an area where groundwater recharge may affect an aquifer.
If an adverse impact to the waters of the State (including ephemeral and intermittent streams) from animal manure handling, storage, treatment, or utilization practices are documented, through monitoring levels exceeding the standards set forth in Regulation 61-68 or a significant adverse trend occurs, the Department may require the person responsible for the animal manure to conduct an investigation to determine the extent of impact. The Department may require the person to remediate the water to within acceptable levels as set forth in Regulation 61-68.
Animal manure shall not be released to waters of the State (including ephemeral and intermittent streams).
Animal medical waste shall not be land applied with animal manure and other animal by-products.
Animal manure and other animal by-products shall not be removed by a manure broker from a quarantined farm, until that quarantine has been lifted by the State Veterinarian.
Animal manure and other animal by-products that are quarantined for noxious weed seed contamination shall not be removed by a manure broker unless approved by Clemson Plant Industry.

400.80 Odor Control Requirements.

An odor abatement plan shall be included, which may consist of the following:
1. Operation and maintenance practices which are used to eliminate or minimize undesirable odor levels in the form of a Best Management Plan for Odor Control;
2. Use of treatment processes for the reduction of undesirable odor levels;
3. Additional setbacks from property lines beyond the minimum setbacks given in this part;
4. Other methods as may be appropriate; or
5. Any combination of these methods.
Person(s) who transport, treat, store or land apply manure and other animal by-products shall utilize Best Management Practices normally associated with the proper operation and maintenance of an animal manure and other animal by-products treatment or storage facility and any manure utilization area to ensure an undesirable level of odor does not exist.
No person(s) who transport, treat, store or land apply manure and other animal by-products may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the Department. When an odor problem comes to the attention of the Department through field surveillance or specific complaints, the Department shall determine if the odor is at an undesirable level.
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:
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. Cover or reduce the surface area of manure and other animal by-products storage. (Vents shall be provided for release of pressure created by manure gases if completely sealed covers are utilized);
  2. Plant trees around or downwind of the manure and other animal by-products storage and treatment facilities;
  3. Incorporate manure and other animal by-products immediately after land application;
  4. Select appropriate times for land application.
4. Best available control 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.

400.90 Vector Control Requirements.

A Vector Abatement Plan shall be developed for the dry animal manure and other animal by-products storage or treatment facility or land application areas, (if applicable). The Vector Abatement Plan shall at a minimum consist of the following:
1. Normal management practices used at the dry animal manure and other animal by-products storage or treatment facility to ensure there is no accumulation of organic or inorganic materials to the extent and in such a manner as to create a harborage for rodents or other vectors that may be dangerous to public health.
2. A list of specific actions to be taken by the broker if vectors are identified as a problem at the dry animal manure and other animal by-products storage or treatment facility or land application site. These actions should be listed for each vector problem, e.g., actions to be taken for fly problems, actions to be taken for rodent problems, etc.
3. If the broker is not performing land application, but is only transferring the manure to a person who is accepting responsibility for handling the manure in accordance with these regulations, the person accepting the manure shall be responsible for correcting any nuisance problems resulting from the land application of manure.
No broker may cause, allow, or permit vectors to breed or accumulate in quantities that result in a nuisance level, as determined by the Department.
After determining a vector problem exists, the Department shall require remediation of the problem to the satisfaction of the Department.
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. Compost solid manure;
  2. Appropriately use vector control chemicals, poisons or insecticides (take caution to prevent insecticide resistance problems);
  3. Utilize traps, or electrically charged devices;
  4. Utilize biological agents;
  5. Utilize Integrated Pest Management;
  6. 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 storage and/or treatment facilities clean and free from trash or debris;
  3. Properly use and service bait stations;
  4. Keep grass and weeds mowed around the manure storage and/or treatment areas;
  5. 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);
  6. Conduct a weekly vector monitoring program;
  7. Be aware of insecticide resistance problems, and rotate use of different insecticides;
  8. Ensure proper grading and drainage around the buildings to prevent rain water from entering the buildings or ponding around the buildings.
4. Utilize the best available control technology to reduce vector attraction and breeding.

400.100 Record Keeping.

A copy of the approved Broker Management Plan, including approved updates, and a copy of the permit(s) issued to the broker shall be retained by the permittee for as long as the broker is in operation.
All application information submitted to the Department shall be retained by the permittee for eight years. However, if the facility was permitted prior to the effective date of this regulation, and the permittee has previously discarded these documents since there was no requirement to maintain records at that time, this requirement shall not apply.
Animal manure Records. These records shall be kept for four years. The records shall include the following:
1. Name, address, county and phone number of all producers from whom the broker purchases or accepts animal manure;
2. Sampling results for the animal manure;
3. Amount (in tons) of animal manure obtained from each producer; and
4. Date of transfer.
All completed Manure Transfer contracts, including soil analysis results, between the broker and the person(s) purchasing or accepting animal manure shall be kept by the broker for eight years.
All records retained by the broker shall be kept at an appropriate business office, or other location as approved by the Department.
All records retained by the broker shall be made available to the Department during normal business hours for review and copying, upon request by the Department.

400.110 Reporting.

The Department may establish reporting requirements in permits as it deems appropriate. These reporting requirements may include the following:
1. Manure Balance Sheet. Listing the producer/farm name and amount (tons) of manure provided and a listing of all person(s) who bought or accepted animal manure and the amount (tons) accepted. Any manure that is currently in storage or treatment structures at the broker facility shall be accounted for in this report.
The Department may require on a case-by-case basis any of the required records, as outlined in section 400.100, to be reported on an annual basis.

400.120 Training Requirements.

An operator of a manure brokering business shall be trained on the operation of animal manure management under the poultry version of the certification program created by Clemson University. The certification shall be obtained within one year of the effective date of the issued permit.
Failure to obtain the training and education as provided in this Section shall be deemed a violation of this Regulation and a violation of the permit.

400.130 Violations.

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.