S.C. Code Regs. § § 61-43.200.80

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

Section 61-43.200.80 - Animal Facility, Lagoon, Treatment Systems, and Manure Storage Pond Siting Requirements

A. Siting requirements applicable to all animal facilities.

1. The minimum separation distance between an animal facility (animal growing areas, houses, pens or barns, not including range areas or manure utilization areas) and a public or private drinking water well (excluding the applicant's well) is 200 feet. The minimum separation distance between an animal facility and a potable water well owned by the applicant is 50 feet (as required by R.61-71).

2. The minimum separation distance between an animal facility and Waters of the State (including ephemeral and intermittent streams) located down slope from the facility is 100 feet.

3. Except for site drainage, the minimum separation distance required between an animal facility and a ditch or swale located down slope from the facility is 50 feet.

4. A new animal facility or an expansion of an established animal facility shall not be located in the 100-year floodplain.

5. The separation distance required between a small animal facility or growing areas (pens or barns not including range areas) and the lot line of real property owned by another person is 200 feet and 1,000 feet from the nearest residence.

6. The separation distance required between large or X-large animal facilities or growing areas (pens or barns not including range areas) and the lot line of real property owned by another person is 400 feet and 1,000 feet from the nearest residence.

B. Siting requirements applicable to all animal lagoons, treatment systems, and manure storage ponds.

1. The minimum separation distance between a lagoon, treatment system, or manure storage pond and a public or private drinking water well (excluding the applicant's well) is 200 feet. The minimum separation distance between an animal lagoon, treatment system, or manure storage pond and a potable water well owned by the applicant is 100 feet.

2. Except for site drainage, the minimum separation distance required between an animal lagoon, treatment system, or manure storage pond and a ditch or swale located down slope from the facility is 50 feet.

3. The minimum separation distance required between an animal lagoon, treatment system, or manure storage pond and Waters of the State (including ephemeral and intermittent streams) located down slope from the facility is 100 feet. If the Waters of the State are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon, treatment system, or manure storage pond and Waters of the State is 500 feet.

4. A new animal lagoon, treatment system, or manure storage pond or an expansion of an established animal lagoon, treatment system, or manure storage pond shall not be located in the 100-year floodplain.

5. The separation distance required between a small animal facility lagoon, treatment system, or manure storage pond and real property owned by another person is 300 feet or 1,000 feet from the nearest residence.

6. The separation distance required between a large animal facility lagoon, treatment system, or manure storage pond and real property owned by another person is 500 feet and 1,000 feet from the nearest residence.

7. The separation distance required between an X-large animal facility lagoon, treatment system, or manure storage pond and real property owned by another person is 600 feet and 1,320 feet from the nearest residence.

C. Siting requirements applicable to all dry animal manure and other animal by-products treatment or storage facilities (including, but not limited to, stacking sheds, burial sites, incinerators, manure, and dead animal composters).

1. The minimum separation distance between a dry animal manure and other animal by-products treatment or storage facility and a public or private drinking water well (excluding the applicant's well) is 100 feet. The minimum separation distance between a dry animal manure and other animal by-products treatment or storage facility and a potable water well owned by the applicant is 50 feet.

2. Except for site drainage, the minimum separation distance required between a dry animal manure and other animal by-products treatment or storage facility and a ditch or swale located down slope from the facility is 50 feet.

3. The minimum separation distance between a dry animal manure and other animal by-products treatment or storage facility and Waters of the State including ephemeral and intermittent streams located down slope from the facility is 100 feet.

4. A new dry animal manure and other animal by-products treatment or storage facility or an expansion of an established dry animal manure and other animal by-products treatment or storage facility shall not be located in the 100-year floodplain.

5. The separation distance required between a dry animal manure and other animal by-products treatment or storage facility operated at an animal growing facility and the lot line of real property and a residence owned by another person shall be equivalent to the setback required for the animal growing areas or houses.

6. The minimum separation distance required between a dry animal manure and other animal by-products treatment or storage facility operated by a manure broker and the lot line of real property owned by another person is 200 feet and 1,000 feet to the nearest residence.

D. Water (a pond) that is completely surrounded by land owned by the permit applicant and has no connection to surface water is excluded from the setback requirements outlined in this part.

E. All lagoon and manure storage pond setbacks contained in this part shall be measured from the outside toe of the dike.

F. The separation distances for property lines given in Section 200.80.A, B, and C above can be waived or reduced by written consent of the adjoining property owner. Written consent is not needed when the Department reduces the distances under the requirements of Part 300.

S.C. Code Regs. § 61-43.200.80

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