S.C. Code Regs. § § 61-43.100.20

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-43.100.20 - Permits and Compliance Period

A. Permit Requirement. Swine manure and other swine by-products from a new or expanded swine 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.

B. Permits issued under this regulation are no-discharge permits.

C. The requirements in this part shall be implemented through a permit issued to any producer who operates a swine facility where swine manure and other swine by-products are generated, handled, treated, stored, processed, or land applied.

D. The requirements under this part may be addressed in permits issued to producers who only land apply swine manure and other swine by-products.

E. Notification Requirements. The permittee shall notify the Department in writing and receive written Departmental approval, except as otherwise noted, prior to any change in operations at a permitted facility, including, but not limited to, the following:

1. Change in ownership and control of the facility. The Department has thirty (30) calendar days from the receipt of a complete and accurate notification of transfer of ownership to either: request additional information regarding the transfer or the new owner; deny the transfer; or approve the transfer. If the Department does not act within thirty (30) calendar 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 swine.

3. Increase in the normal production animal live weight of the existing permitted swine facility.

4. Addition of manure utilization areas.

5. Change in swine manure and other swine by-products treatment, handling, storage, processing, or utilization.

6. Change in method of dead swine disposal.

F. Permit modifications for items 100.20.E.3 and 100.20.E.5 for facilities regulated under this part, which shall result in expansions, shall adhere to the requirements of this part and other applicable statutes, regulations, or guidelines.

G. Permit modification for items 100.20.E.2-3 which result in an expansion may be required to obtain new written waivers or agreements for reduction of setbacks from adjoining property owners (if applicable).

S.C. Code Regs. § 61-43.100.20

Replaced and amended by State Register Volume 45, Issue No. 05, eff. 5/28/2021.