Definitions for Agriculture
PART 50 GENERAL DEFINITIONS For purposes of this regulation, the following definitions apply: “Active Animal Facility” means a facility with a minimum of 30,000 pounds normal production animal live weight and in production. “Affected Person” means a property owner with standing within a one (1)-mile radius of the proposed building footprint or permitted poultry facility or other animal…, Contacts, Kelly Whitlock , Section Manager, , (803) 898-3574Description of Permitting Process
New Facilities, New commercial animal growing operations are required to comply with the requirements of the Regulation 61-43 through a tiered approach to permitting. The tiered approach has three levels of compliance as follows:, Tier One, : New or expanding facilities with a capacity of 10,000 pounds or less of normal production animal live weight that do not have a manure treatment system must have and implement an animal facility management plan that meets the requirements of the regulations but the animal facility management plan does not have to be submitted to the Department. These facilities do not have to have a permit…, Tier two, : New or expanding facilities with a capacity of more than 10,000 pounds but less than 30,000 pounds that do not have a manure treatment system must have and implement an animal facility management plan that meets the requirements of the regulations. The plan must be submitted to the Department but a permit is not required unless specifically required by the Department., Tier three, : Facilities, regardless of size, with a manure treatment system and facilities with a capacity of 30,000 pounds or more must have and implement an animal facility management plan that meets the requirements of the regulations. The animal facility management plan must be submitted to the Department for approval before the facility can begin operations. In addition, new or expanding animal growing…, range land, are exempted from obtaining a permit unless specifically required by the Department. The range area must be of sufficient size so as to allow a cover crop to be established at all times so that natural degradation of the manure occurs. This ensures there will be little if any runoff that can cause surface water problems., Summary of Permitting Requirements, *On a case-by-case basis, any facility may be required by the Department to obtain a permit after a site inspection., Tier Weight Animal Facility Management Plan Required & Must Be Implemented Submission of Animal Facility Management Plan Required Permit Required One 10,000 lbs or less and no treatment system Yes No* No* Two More than 10,000 lbs and less than 30,000 lbs and no treatment system Yes Yes No* Three 30,000 lbs or more with or without a treatment system Yes Yes Yes Ranged Not Applicable No* No* No*, Existing Facilities, Existing facilities that were permitted prior to the adoption of the regulations are deemed permitted unless they have been, closed, for five or more years. Deemed permitted facilities do not have to apply for a new permit under the regulations unless they are expanding or adding a manure utilization area, a composter, a stacking shed, etc. However, if a deemed permitted facility has been inactive for more than two years but less than five years, the Department must review its permit and modify the operating conditions as…, expansion, for facilities with a lagoon as an increase in the capacity of the lagoon due to construction or the conversion of a lagoon to a storage pond. This means that the number of permitted animals may be increased at an existing facility without it being classified as an expansion as long as the lagoon does not have to be physically expanded or the lagoon is not converted to a storage pond. Increases…, expansion, for facilities with "dry" manure handling as an increase in the number of permitted animals that will result in physical construction at the facility. If the existing structure can handle additional animals, without physical alteration, significant changes in the original function of the structure, or and significant increase in odor, the increase may be allowed without classifying the change as…, range land, are exempted from obtaining a permit unless specifically required by the Department. The range land must be of sufficient size so as to allow a cover crop to be established at all times so that natural degradation of the manure occurs. This ensures there will be little if any runoff that can cause surface water problems. Exempted or Deemed Permitted Facilities May Be Required to Have a Permit…, Preliminary Site Inspections, When a farmer needs to obtain a permit to build a new agricultural facility or expand an existing agricultural facility, the farmer should first contact the appropriate, Environmental Quality Control (EA) Regional Office, and request a preliminary site inspection. A, Preliminary Site Inspection Request Form, must be used for this purpose. The Department conducts preliminary site inspections to determine general site suitability. If a proposed site appears acceptable, then the appropriate technical details can be included in the animal facility management plan so that there is some assurance a permit may be issued. This process also allows problem sites to be "weeded out" in the preliminary part of…, professional engineers, by not having them prepare animal facility management plans for sites that may not be approved. However, preliminary site approvals, while helpful to everyone, are not a commitment by the Department to issue a permit since the precise locations of the structures and specific setbacks are not exactly known at the time of the preliminary site inspection. A final decision is only made after a…, Notice of Intent to Construct an Agricultural Facility Forms (NOIs), are given to the farmer for use in notifying nearby land owners of the proposed facility. The farmer may either hand deliver the form to neighbors or mail the form to them. If the NOI form is mailed to nearby property owners, the Department recommends that registered mail be used. This allows the farmer to have proof of the effort to notify the nearby neighbor in case the neighbor does not return…, Animal Facility Management Plans and Submittal Process, After a preliminary site approval is granted, the farmer must have a SC registered, professional engineer, prepare an animal facility management plan for the proposed facility. The animal facility management plan must comply with Regulation 61-43. The plan details the handling, storage, treatment (if required), and final disposal of the manure, litter, and dead animals generated at the facility. The plan also details the, agronomic, application of the manure as fertilizer on crop land for growing a viable crop and identifies specific lands to be used. This includes the amount of manure to be applied for different crops and application schedules based on the cropping plan. Soil monitoring,, vector, abatement, odor abatement, and emergency plans are all part of the animal facility management plan. Once the plan has been prepared, it is submitted to the Department for review and final decision. The complete application package consists of two copies of the following items: Original Application Form, Animal Facility Management Plan, Animal Management System Description Design Calculations and Construction Details for Treatment/Storage Structures, Including Exact Location and Design Information Concentration of Waste Constituents Crop Management Plan Type of Manure Transport/Spreading Equipment (if applicable) Spray Irrigation Specifications and Details (if applicable) Manure Utilization Area Tract Information and Maps Soils…, Vector, Abatement Plan Method of Dead Animal Disposal (including an emergency method for abnormal die off) Soil Monitoring Plan Plans & Specifications for All Other Treatment or Storage Structures (composter, stacking shed, etc.) For new facilities,, Notice of Intent Forms, From All Property Owners Within 1,320 Feet of the footprint of the proposed facility except that large swine facilities with 1,000,000 pounds or more must notify all property owners and persons residing on property within one mile of the footprint of the proposed facility) Emergency Plan Contracts for Contract Disposal of Dead Animals or Manure (if applicable) Site Approval Letter and Map Setback…, Application Fee, Annual Operating Fee, Once an application package is received by the Department, it is reviewed for administrative completeness. An incomplete application may be returned. For new or expanding facilities, the Department shall post the Public Notice of application received on the Department’s website for fifteen (15) business days. The Department may also post up four (4) notices, in the four (4) cardinal directions…, Public Hearings/Meetings, X-Large Swine Facilities For x-large swine facilities with a 1,000,000 pounds or more of capacity, the permit applicant must hold at least one public meeting to present the proposed project to the public. These meetings must be held prior to the formal submission on an application to the Department. A report summarizing the meeting results and opinions derived from the meeting must be submitted…, Download a Brochure on Ag Public Hearings, . Small Swine and Other Animal Facilities For both new or expanding small swine facilities and new or expanding other animal facilities, if twenty or more comments are received on the proposed facility, the Department will hold a public meeting. If a public meeting will be held, the Department will send an invitation to everyone who commented. The meeting invitation will give the date, time, and…, Download a Brochure on Ag Public Meetings, ., Local Issues, Some people think the Department is involved in land use planning and zoning. However, these issues are clearly the sole responsibility of local governments and the Department is not involved in land use planning or zoning decisions made by local governments. This includes a local government's decision not to have local zoning or land use plans. Therefore, these issues are not considerations in…, Permit Decisions, After the Department completes its technical review of the application and conducts the public hearing or meeting (if required), a final decision on the application will be made. All permit decisions on new or expanding facilities are published on the Department's website. A copy of the public notice of the decision is sent to all persons who provided comments or attended the hearing or meeting (…, annual operating fee, must be paid with no prorating of the fee before the permit can be issued. If an appeal of the permit results in the overturning of the decision to issue the permit such that the permit is withdrawn, the Department will refund the annual operating fee. Permits for swine facilities are issued for seven years while permits for other animal facilities have no expiration date. An issued permit will…, Modifications That Are Not Expansions, Modifications on existing facilities that are not expansions (as defined by the regulations) do not follow the above procedures. These types of modifications include but are not limited to composter or stacking shed additions, an increase in the number of animals at a facility that does not result in the physical expansion (construction required); including the expansion of a lagoon or the…, Construction and Authorization to Begin Operations, Once a permit is effective with no appeals pending, the new facility, expansion, or modification may be built. When construction has been completed, the preparer of the animal facility management plan must certify that the facility has been built according to the approved plan. The Certification of Construction must be submitted to the Department to obtain authorization to begin operations. Upon…Permitted Agricultural Facilities
A product of the South Carolina Department of Environmental Services, the SC Watershed Atlas application is designed to provide information about SCDES Bureau of Water permits, monitoring, and assessment activities within your watershed. , Permitted Agricultural Facilities Map, Within the SCDES Regulated Permits layer, select “General Permits – NPDES.”, Agricultural Animal Facilities Map, Within the SCDES Regulated Permits layer, select “Livestock Operations.”, Report spillsInspections and Enforcement
Agricultural Facilities - Inspections, Enforcement, Compliance and Monitoring Inspections, Once a facility begins operating, it is added to the list of wastewater facilities that are inspected by the EA Regional Offices under the oversight of the Bureau’s Division of Water Facilities Permitting. Each of the eight Regional Offices is required to perform agricultural inspections to ensure facilities are in compliance with the requirements of their permit and animal facility management…, Enforcement, For facilities that fail to correct deficiencies in their operation or that fail to have an approved animal facility management plan, the Bureau of Water's Enforcement Division can be called upon to address the problem through enforcement action. The enforcement process for agricultural facilities is the same process that is used for all wastewater facilities. Types of enforcement actions that…Integrator Registration Required
Agriculture - Integrator Registration Required, Under this program, integrators: Must be registered with SCDES to operate in South Carolina. They register by submitting SCDES's Request for Registration form. Must not knowingly provide animals to an animal facility that does not hold a valid agricultural permit from SCDES Must inform each prospective grower that they are required to obtain a permit from SCDES for their growing operation unless…, Swine Integrators Must Submit Plan, In addition to the above requirements, swine integrators must submit a plan addressing cumulative environmental and public health impacts of their contracted facilities with the first request for integrator registration. The plan must cover the existing growers and the projected 3-year increase. The plan must include the following: The general area served by the integrator; The number of existing…Permit Transfers
Agriculture Permit Transfers, An issued permit may be transferred to another, person, . To transfer a permit, a permittee must notify the Department in writing, using the Department's Agricultural Permit Transfer Request Form . This notification includes the name, address, and telephone number of the existing and proposed owners/operators. Any other information pertinent to the transfer that is not on the Department's form should be included in the notification. The Department…Record Keeping and Reporting
Owners/Operators of agricultural facilities are required to keep records on the operation of their facilities. The records include:, For land application sites:, the amount of manure applied to each field the sampling results for the manure soil monitoring results groundwater monitoring results, if applicable cover crops grown, For the facility:, monthly animal count mortality count and method of disposal, For lagoons or storage ponds:, monthly water levels groundwater monitoring results, if applicable All records must be kept at the facility, an appropriate business office or other location as approved by the Department. Records must be made available to the Department during normal business hours and kept for eight years. Regulation 61-43 requires all large animal facilities and large swine facilities to submit an annual…, Record Keeping Requirements for BrokersSet Backs for Animal Operations Other Than Swine
Barns, Stables, Pens or Growing Houses (not including lagoon, storage pond, or waste utilization areas), Wells Human Drinking Water Wells - 200 feet (excluding the applicants which must be 50 feet) Animal Drinking Water Wells - 50 feet (per Reg. 61-71) Ditches (except site drainage) located downslope - 50 feet Property Lines Facilities with a capacity of 500,000 lbs. or less - 200 feet or 1,000 feet to the nearest residence whichever is greater Facilities with a capacity of greater than 500,000 lbs…, Lagoons or Waste Storage Ponds, Wells Human Drinking Water Wells - 200 feet (excluding the applicants which must be 100 feet per Reg. 61-71) Animal Drinking Water Wells - 100 feet (per Reg. 61-71) Ditches (except site drainage) located downslope - 50 feet Property lines Facilities with a capacity of 500,000 lbs. or less - 300 feet or 1,000 feet to the nearest residence whichever is greater Facilities with a capacity of greater…, Manure Utilization Areas, Wells (Human & Animal Drinking Water) - 200 feet Ditches located downslope - 50 feet Residences/Property lines The minimum setback between a manure utilization area and a residence - 300 feet (maybe waived with consent of property owner) If no residence within 300 feet of property line: no setback Waters of the State including ephemeral and intermittent streams located downslope and the…Setbacks Requirements for Large Swine Facilities with 1,000,000 Pounds or More
Barns, Stables, Pens or Growing Houses (not including lagoon, storage pond, or waste utilization areas), Wells Human Drinking Water Wells - 1,750 feet (excluding the applicants which must be 100 feet) Irrigation wells (including animal drinking water wells - 100 feet Ditches except site drainage: which drain to waters of the state including ephemeral and intermittent streams - 100 feet Residence/ Property Line (excluding the applicants residence) - 1,750 feet Separation from another large swine…, Lagoons or Waste Storage Ponds, Wells Human Drinking Water Wells - 1,750 feet (excluding the applicants which must be 100 feet) Irrigation Wells (including animal drinking water wells) - 100 feet Ditches except site drainage which drain to waters of state including ephemeral and intermittent streams - 100 feet Residences or Property lines - 1,750 feet Waters of the State Waters of the State including ephemeral and intermittent…, Manure Utilization Areas, Wells Human Drinking Water Wells - 200 feet Irrigation Wells (including animal drinking water wells) - 100 feet Ditches Which drain to waters of state excluding ephemeral and intermittent streams - 100 feet Which drain to ephemeral or intermittent streams - 50 feet Residences/Property lines If injection or immediate incorporation is the method of application manure may be applied up to the…Setback Requirements for Large Swine Facilities with Less Than 1,000,000 Pounds
Barns, Stables, Pens or Growing Houses (not including lagoon, storage pond, or waste utilization areas), Wells Human Drinking Water Wells - 200 feet (excluding the applicants which must be 50 feet) Irrigation Wells (including animal drinking water wells) - 50 feet Ditches except site drainage: which drain to waters of the state including ephemeral and intermittent streams - 100 feet Property Lines 500,00 to 1,000,000 lbs. - 1,000 feet Distances may be reduced with permission from adjoining property…, Lagoons or Waste Storage Ponds, Wells Human Drinking Water Wells - 500 feet (excluding the applicant which is 100 feet) Irrigation Wells (Including animal drinking water wells - 100 feet Ditches except site drainage: which drain to waters of state including ephemeral and intermittent streams - 100 feet Property lines 500,000 to 1,000,000 lbs. - 1,250 feet Both distances may be reduced with permission from adjoining property…, Manure Utilization Areas, Wells Human Drinking Water Wells - 200 feet Irrigation Wells (including animal drinking water wells) - 100 feet (per Reg 61-71) Ditches: which drain to waters of state excluding ephemeral and intermittent streams - 100 feet which drain to ephemeral or intermittent streams - 50 feet Residences/Property lines If injection or immediate incorporation is the method of application, manure may be…