S.C. Code Regs. § § 61-43.200.60

Current through Register Vol. 48, 12, December 27, 2024

Section 61-43.200.60 - Public Notice Requirements

A. For new animal facilities, the applicant shall notify all property owners within 1,320 feet of the proposed location of the facility (footprint of construction) of the applicant's intent to build an animal facility. The applicant shall use a notice of intent form provided by the Department. 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 to four (4) notices, in the four (4) cardinal directions around the perimeter of the property or in close proximity to the property, in locations visible to the public within the public right-of-ways determined by the Department. The notice of intent on the Department's website shall advise adjoining property owners that they can send comments on the proposed animal facility directly to the Department.

B. For properties that have multiple owners or properties that are in an estate with multiple heirs, the Department, shall publish a notice of intent to construct an animal facility on the Department's website. This notice on the Department's website shall serve as notice to these multiple property owners of the producer's intent to build an animal facility.

C. For existing animal facilities seeking to expand their current operations, 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 to four (4) notices in the four (4) cardinal directions around the perimeter of the property or in close proximity to the property, in locations visible to the public right-of-way or as determined by the Department.

D. The Department shall review all comments received. If the Department receives twenty (20) or more letters from different "Affected Persons" 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 a person to be notified 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 on the Department's website instead of notifying each individual by First Class mail or email. In addition, the Department shall notify all group leaders and petition organizers in writing. Agreement of the parties is not required for the Department to make a permit decision.

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 permit decision.

G. The Department shall give 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 meeting, if held. First Class US mail service or email shall be used by the Department for the notice of decision. 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. The Department shall ask these leaders and organizers to notify 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 an animal 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 shall 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 on permit decisions: the name and location of the facility; a description of the operation and the method of manure 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. § 61-43.200.60

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