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Ag Program

Summary of Agricultural Regulations

Regulation 61-43: Standards for the Permitting of Agricultural Animal Facilities

The regulations were initially adopted on June 26, 1998. These regulations give permitting procedures and criteria for animal growing operations. They were updated in 2002 to include new requirements for large swine facilities over 1,000,000 pounds, permitting requirements for manure broker operations, an integrator registration program, and other miscellaneous corrections and clarifications. For more information on the amendments, please visit our Agricultural Regulation Amendments WEB page.

Prior to the adoption of these regulations the Department used guidelines. The guidelines and the requirements from the SC Confined Swine Feeding Operation Act (which was repealed on June 28, 2002) were used as a basis for most of the requirements in the regulations. To assist in developing and updating the regulations, the Department established a committee made up of interested parties to review the proposed regulations with the Department before they were published for public comment. The committee was made up of representatives from the regulated community, environmental groups, the Staff of the SC Senate, Clemson University, US Department of Agriculture's Natural Resource Conservation Service, Farm Bureau, and AgFirst. This group was instrumental in assisting the Department in finalizing the draft regulations both initially and when the regulations were updated.

The regulations are divided into seven (7) Parts: Part 50 contains the definitions, Part 100 deals with swine facilities, Part 200 deals with all other animal facilities, Part 300 addresses innovative and alternative technology and applies to facilities regulated under Part 100 or Part 200, Part 400 deals Manure Brokers, Part 500 deals with Integrator Registration, and Part 600 deals with Severability.

SC Regulation 61-82, Proper Closeout of Wastewater Treatment Facilities

Regulation 61-43 requires any facility that has been closed for five or more years to properly close out the facility in accordance with Regulation 61-82. This regulation requires that a closeout report be prepared and submitted to the Department for review and approval when a facility has closed. The regulation does not prescribe specific methods for closures but it does contain some information relating to lagoon closures and it requires proper disposal of all waste materials.

SC Regulation 61-30, Environmental Protection Fees

This regulation gives the specific fee amounts for both application and annual operating fees for agricultural facilities as well as other types of facilities. The regulation addresses assessment of penalties for late payment of fees and also authorizes the Department to deny any environmental permit to a permit applicant if any fees are not paid. The regulation also allows the Department to revoke any permit for which fees have not been paid.

In addition to establishing fees, this regulation establishes time frames for the Department to meet for each permit application covered under the fee program. The permit time frame is not the total permit time rather it is the Department’s portion of the total time. This regulation also requires the staff of the Department to submit a quarterly report to the DHEC Board on the fees collected and meeting of the time frames.

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