S.C. Code Regs. § § 61-43.100.60

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

Section 61-43.100.60 - Public Notice Requirements

A. Small Swine Facilities.

1. For persons seeking to construct a new small swine facility, the applicant shall:

a. Notify all adjoining property owners and people residing on property within 1/4 mile (1,320 feet) of the proposed location of the facility (footprint of construction and manure storage pond) of the applicant's intent to build a swine facility.

b. Notify the parties listed in A.1.a. of this section using an NOI form provided by the Department. The NOI shall advise the adjoining property owners that they may send comments on the proposed animal facility directly to the Department.

2. For persons seeking to construct a new small swine facility or expand an established small swine facility, the Department shall post a Public Notice of application received, for fifteen (15) business days, on the Department's website. The Department may also post up to four (4) notices, in the four (4) cardinal directions around the perimeter of the property or in close proximity to the property, in visible locations as determined by the Department.

3. For small swine facilities, the Department shall review all comments received. If the Department receives twenty (20) or more letters from different people living in a 2-mile radius of the proposed facility 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, email, or hand delivery to the address of the interested party 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 or email. Agreement of the parties is not required for the Department to make a permit decision.

B. Large Swine Facilities.

1. For persons seeking to construct a new large swine facility or expand an established large swine facility, the applicant shall:

a. Notify all adjoining property owners and people residing on property within 1/4 mile (1,320 feet) of the proposed location of the facility (footprint of construction and manure storage pond) of the applicant's intent to build a swine facility.

b. Notify the parties listed in B.1.a. of this section using an NOI form provided by the Department. The NOI shall advise the adjoining property owners that they may send comments on the proposed animal facility directly to the Department.

2. For persons seeking to construct a new large swine facility or expand an established large swine facility, the Department shall:

a. Post a Public Notice of application received, for fifteen (15) business days, on the Department's website. The Department may also post up to four (4) notices, in the four (4) cardinal directions around the perimeter of the property or in close proximity to the property, in visible locations as determined by the Department;

b. Notify the appropriate county commission;

c. Notify the appropriate water supply district (owners or operators of any potable surface water treatment plant located downstream from the proposed swine facility that could reasonably be expected to be adversely impacted if a significant problem arose); and

d. Notify any person who asked to be notified.

3. First Class US mail service, email, or hand delivery to the address of a person to be notified shall be used by the Department for the notifications in Section 100.60.B.2.b-d. If the Department determines that members of the same group or organization have submitted comments or a petition, the Department shall only notify all groups, organization leaders, and petition organizers in writing or email. The Department shall ask these leaders and organizers to notify their groups or any concerned citizens who signed the petitions.

4. The notice shall contain instructions for public review and comment to the Department on the proposed construction and operation of the swine facility. The notice shall allow for a minimum fifteen (15) business-day comment period.

5. If the Department receives twenty (20) or more letters or emails from different people living in a 2-mile radius of the proposed facility requesting a public meeting or the Department determines there is significant public interest, the Department shall conduct a public meeting and shall provide notice of the public meeting in accordance with the notice requirements provided for in Section 100.60.B.2.a-d. The initial public notice and meeting notice can be combined into one (1) notice.

C. Additional requirements for X-large swine facilities.

1. For persons seeking to construct a new X-large swine facility or expand an established X-large swine facility, the applicant shall notify all property owners and person(s) residing on property within one mile (5,280 feet) of the proposed location of the X-large swine facility (footprint of construction and manure storage pond) by certified mail. The notification must include the following information:

a. Name and address of the person proposing to construct an X-large swine facility;

b. The type of swine facility, the design capacity, and a description of the proposed swine manure management system;

c. The name and address of the preparer of the Animal Facility Management Plan;

d. The address of the local Natural Resources Conservation Service (NRCS) office; and

e. A statement, approved by the Department, informing the adjoining property owners and property owners within 1 mile of the proposed facility, that they may submit written comments or questions to the Department.

2. The applicant shall conduct a minimum of one public meeting to present to the public the proposed project, its purpose, design, and environmental impacts. The applicant shall provide at least thirty (30) calendar days notice of the meeting date and time by advertisement in a local newspaper of general circulation in the area of the proposed facility. The public meeting notice can be combined into one (1) notice in combination with the notice run by the Department. However, the applicant must provide information concerning the date, time, and location of the public meeting at the time of application. The minutes of the public meeting, proof of advertisement, and opinions derived from the meeting must be submitted to the Department.

3. The Department shall conduct a public meeting and shall provide notice of the public meeting in accordance with the notice requirements provided for in Section 100.60.B.2.a-d. The initial public notice and meeting notice can be combined into one (1) notice. The Department shall provide at least thirty (30) calendar days notice of the meeting.

D. For properties that have multiple owners or properties that are in an estate with multiple heirs, the applicant shall send an NOI to construct an animal facility by certified mail to each individual. This notice shall serve as notice to these multiple property owners of the applicant's intent to build a swine facility.

E. When comments are received by email, the Department shall acknowledge receipt of the comment by email. These comments shall be handled in the same manner as written comments received by postal mail.

F. The Department shall consider all relevant comments received in determining a final permit decision.

G. The Department shall send 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 public meeting, if held. First Class US mail service, email, or hand delivery to the address of a person to be notified shall be used by the Department for the decision notification. 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 or email. The Department shall ask these leaders and organizers to notify members of their groups or any concerned citizens who signed the petitions.

H. For permit issuances, the Department shall publish a notice of issuance of a permit to construct or expand a swine facility on the Department's website.

I. For permit denials, the Department shall give the permit applicant a written explanation which outlines the specific reasons for the permit denial.

J. For permit denials, the Department may publish a notice of decision on the Department's website.

K. The Department shall include, at a minimum, the following information in the public notices: the name and location of the facility, a description of the operation and the method of manure and other swine by-products 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.

S.C. Code Regs. § 61-43.100.60

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