S.C. Code Regs. § § 61-43.100.30

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

Section 61-43.100.30 - Exclusions

The following do not require permits from this part unless specifically required by the Department under Section 100.30.G.

A. Existing swine facilities that are deemed permitted under Section 100.10.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. New manure utilization areas added to an existing facility shall meet the appropriate requirements in this part. However, deemed permitted facilities shall meet the requirements of this regulation as outlined in Section 100.10.D (Purpose, Applicability, Inactive Facilities, and Facilities Permitted Prior to the Effective Date of the Regulation).

B. Except as given in Section 100.30.G, swine 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. However, these facilities shall have and implement an Animal Facility Management Plan for their facility that meets the requirements of this regulation.

C. Except as given in Section 100.30.G, swine 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 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.

D. Except as given in Section 100.30.G, ranged swine facilities where the size of the range area is sufficient to allow for natural degradation or utilization of the swine manure with no adverse impact to the environment are excluded from obtaining a permit from the Department. Ranged facilities shall also maintain adequate vegetative buffers between the swine range and Waters of the State.

E. Except as given in Section 100.30.G, swine facilities that are not classified as swine for commercial purposes are excluded from obtaining a permit from the Department.

F. Except as given in Section 100.30.G, swine 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 swine growing houses.

G. Swine facilities exempted under Sections 100.30.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.

S.C. Code Regs. § 61-43.100.30

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