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 200 - ANIMAL FACILITIES (OTHER THAN SWINE)
Section 61-43.200.70 - Permit Decision Making Process

Universal Citation: SC Code Regs 61-43.200.70

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

A. No permit shall be issued before the Department receives a complete application package.

B. The agricultural program of the Department is not involved in local zoning and land use planning. Local government(s) may have more stringent requirements for agricultural animal facilities. The permittee is responsible for contacting the appropriate local government(s) to ensure that the proposed facility meets all the local requirements.

C. After the Department has received a complete application package, a technical review shall be conducted by the Department. The Department may request any additional information or clarification from the applicant or the preparer of the Animal Facility Management Plan to help with the determination on whether a permit should be issued or denied. If a permit application package meets all applicable requirements of this part, a permit may be issued.

D. A preliminary site inspection shall be made by the Department before a complete application package is received by the Department.

E. The Department shall act on all permits to prevent, so far as reasonably possible considering relevant standards under state and federal laws, an increase in pollution of the waters and air of the State from any new or enlarged sources.

F. The setback limits given in Part 200 are siting requirements. The Department shall evaluate the following factors to determine if any special conditions are necessary:

1. Latitude and Longitude;

2. Down-wind receptors; and

3. Nutrient Management Plan.

G. When a permit is issued, it shall contain an issue date, an effective date, and, when applicable, a construction expiration date. The effective date shall be at least fifteen (15) calendar days after the issue date to allow for any appeals. If a timely appeal is not received, the permit shall be effective on the effective date.

H. An expired permit (final expiration date for renewal) issued under this part continues in effect until a new permit is effective if the permittee submits a complete application, to the satisfaction of the Department, at least one hundred eighty (180) calendar days before the existing permit expires. The Department may grant permission to submit an application later than the deadline for submission stated above, but no later than the permit expiration date. If the facility has been closed for any two (2) consecutive years since the last permit was issued, the provision for the expiring permit remaining in effect does not apply since the permit is no longer valid. Permittees shall notify the Department in writing within thirty (30) calendar days of when they go out of business.

I. The animal facility, lagoon, treatment system, or manure storage pond can be built only when the permit is effective. The facility cannot be placed into operation until the Department has issued a written Approval to Operate (ATO).

J. To receive an ATO, the producer shall have the preparer of the Animal Facility Management Plan submit to the Department written certification that the construction has been completed in accordance with the approved Animal Facility Management Plan and the requirements of this regulation.

K. The Department shall conduct a final inspection before granting an ATO to a producer to begin operations.

L. The Department shall grant written approval for the producer to begin operations after it has received the certification statement in 200.70.J and the results of the final inspection are satisfactory.

M. Animal Facility Construction Permit Expiration and Extensions.

1. Construction permits issued by the Department for agricultural animal facilities shall be given two (2) years from the effective date of the permit to start construction and three (3) years from the effective date of the permit to complete construction.

2. If the proposed construction as outlined in the permit is not started prior to the construction start expiration date, the construction permit is invalid unless an extension in accordance with this regulation is granted.

3. If construction is not completed and the facility is not placed into operation prior to the construction completion expiration date, the construction permit is invalid unless an extension in accordance with this regulation is granted.

4. If a portion of the permitted facility (some of the animal growing houses are completely constructed, but not all houses originally permitted were constructed) is completed prior to the construction completion expiration date, the construction for the remainder of the permit may be utilized within the permit life. The permittee shall obtain Departmental approval prior to utilizing the permit in this manner. The Department may require that the permittee submit additional information or update the Animal Facility Management Plan prior to approval.

5. Extensions of the permit construction start and completion expiration dates may be granted by the Department. The permittee shall submit a written request explaining the delay and detailing any changes to the proposed construction. This request shall be received no later than the expiration date that the permittee proposes to extend. The maximum extension period shall not exceed one (1) year. There shall be no more than two (2), one (1)-year extension periods per permit to construct, granted.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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