South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES
Part 100 - SWINE FACILITIES
Section 61-43.100.200 - Violations

Universal Citation: SC Code Regs 61-43.100.200

Current through Register Vol. 48, No. 9, September 27, 2024

A. Persons who violate this regulation or any permit issued under this regulation are subject to the penalties in Sections 48-1-320 (Criminal Penalties) and 48-1-330 (Civil Penalties) of the South Carolina Pollution Control Act.

B. X-Large swine facilities shall be assessed automatic penalties (up to $10,000 per day per violation) for the following violations:

1. Lagoon, treatment system, or manure storage pond breach, or loss of containment that is not the direct result of an Act of God.

2. Manure Utilization Area runoff due to improper manure application methods.

3. Discharge to groundwater on site causing groundwater to exceed any water quality standard established in R.61-68.

C. Second occurrence of any of the violations outlined in 100.200.B. at an X-large swine facility shall result in immediate revocation of the permit and the automatic assessment of appropriate penalties.

D. Immediate cessation of manure application will also be enforced on sites where groundwater quality is adversely affected.

E. Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required by the Department to be maintained as a condition in a permit, or who alters or falsifies the results obtained by such devices or methods, shall be deemed to have violated a permit condition and shall be subject to the penalties provided for pursuant to Sections 48-1-320 and 48-1-330 of the S.C. Code of Regulations.

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