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| (16) type of vegetative cover and its nutrient uptake ability;
(17) method of land application.
(B) The department shall require calibration of spray irrigation equipment.
(C) Waste must not be applied to or discharged onto land surface when the vertical separation between the waste and the water table is less than 1 1/2 feet.
(D) The department shall ensure that owners or operators adhere to land application rates.
Section 47-20-50. The following application rates shall only apply to animal feeding operations with a capacity of more than 160,000 pounds of normal production animal live weight at any one time.
(A) The minimum separation distance in feet required between a waste utilization area and real property owned by another person on which a residence is located is 200 feet from property lines that are within 1,000 feet of the residence. The 200-foot setback is waived with the consent of the owner of the residence; however, the owner may not agree to less than 100 feet from the residence.
(B) The minimum separation distance in feet required between a waste utilization area and waters of the State, ditches, and swales that drain directly into waters of the State is 100 feet.
(C) The minimum separation distance in feet required between a waste utilization area and a public and private drinking water well is 200 feet.
Section 47-20-60. (A) The department shall promulgate regulations governing maximum lagoon size and minimum lagoon size, based on the permitted number of animal units to be maintained at the animal feeding operation. However, no single lagoon may exceed four acres.
(B) Lagoons and waste storage ponds for animal feeding operations with a capacity for more than 160,000 pounds of normal production animal live weight at any one time must be lined with a combination of natural and synthetic material which results in a permeability rating equal to or more protective than that required for human waste lagoons.
(C) The owner or operator of an animal feeding operation shall obtain certification from a licensed engineer or an appropriate Natural Resource Conservation Service employee that the operation's lagoon and waste storage pond were designed, constructed, and installed in accordance with regulatory specifications.
(D) Before the construction of a lagoon and a waste storage pond, the owner or operator shall remove all under-drains that exist from previous agricultural operations.
(F) The department shall conduct a study of alternative technologies for the treatment of animal waste from animal feeding operations and promulgate regulations governing the use of these alternative treatment technologies. Every five years the department shall review changing technologies relating to the treatment of animal waste and promulgate appropriate regulations as needed. The department shall determine which animal feeding operations are required to use aerobic lagoons or other treatment technology.
(G) The department shall consider the cumulative impacts including, but not limited to, impacts from evaporation, storm water, and other potential and actual point and nonpoint sources of pollution runoff, levels of nutrients or other elements in the soils and nearby waterways, ground water or aquifer contamination, pathogens or other elements, and the pollution assimilative capacity of the receiving water body before permitting new or expanded animal feeding operations. The department may require alternative waste treatment in watersheds which are nutrient-sensitive.
(H) Disposal of animal carcasses or body parts into waste lagoons is prohibited.
Section 47-20-70. (A) No person may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the department. When an odor problem comes to the attention of the department through field surveillance or specific complaints, the department shall determine if the odor is at an undesirable level by considering the character and degree of injury or interference to:
(1) the health or welfare of the people;
(2) plant, animal, or marine life;
(3) property;
(4) enjoyment of life or use of affected property.
(1) removal or disposal of odorous materials;
(2) methods in handling and storage of odorous materials that minimize emissions;
(3) prescribed standards in the maintenance of premises to reduce odorous emissions;
(4) best available control technology to reduce odorous emissions.
(C) After determining an undesirable level of odor exists, the department shall require remediation of the undesirable level of odor.
(D) Nothing in this section prohibits an individual or group of persons from bringing a complaint against an animal feeding operation.
Section 47-20-80. (A) The department, in consultation with the State Veterinarian, shall promulgate regulations relating to the control of vectors.
(B) All animal feeding operations shall utilize Best Management Practices as appropriate for the control of vectors and department regulations in order to maximize vector control.
Section 47-20-90. (A) 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.
(B) The department also shall act on all permits so as to prevent degradation of water quality due to the cumulative and secondary effects of permit decisions. Cumulative and secondary effects are impacts attributable to the collective effects of a number of animal feeding operations in a defined area and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity. All permit decisions shall ensure that the waste treatment and utilization alternative with the least adverse impact on the environment be utilized. Cumulative and secondary effects shall include, but are not limited to, runoff from land application of animal waste and an animal feeding operation, evaporation and atmospheric deposition of elements, ground water or aquifer contamination, buildup of elements in the soil, and other potential and actual point and nonpoint sources of pollution in the vicinity.
Section 47-20-100. The department shall establish the amount of an application and annual operation fee in accordance with the Environmental Protection Fund Act, Section 48-2-10 of the 1976 Code, to cover, at a minimum, an annual inspection of all animal feeding operations in the State with a capacity for more than 160,000 pounds of normal production animal live weight at any one time. The annual inspection must include,
Section 47-20-110. (A) All animal feeding operations established after the effective date of this chapter which require the use of a lagoon and a waste storage pond and which have a capacity for more than 160,000 pounds of normal production animal live weight at any one time are required to install at least one up-gradient and two down-gradient monitoring wells at a depth which the department considers appropriate around the lagoon in order to monitor seepage of waste from the lagoon.
(B) Each monitoring well installed must be analyzed at least once annually. However, the department may conduct routine and random visits to the animal feeding operation to sample the monitoring wells.
(C) Records must be kept by the owner or operator of the animal feeding operation according to regulations promulgated by the department.
(D) If leakage is discovered beyond an acceptable level as determined by the department, the lagoon must be repaired at the owner or operator's expense.
Section 47-20-120. (A) No waste may be released from the premises of an animal feeding operation to waters of the State unless the waste is treated to drinking water quality standards.
(B) Water that is completely surrounded by land owned by the applicant and has no connection to other water is excluded from the setback requirements outlined in this chapter.
Section 47-20-130. (A) Clemson University, in conjunction with the South Carolina Department of Agriculture and the department, shall create a training and certification program for owners or operators of animal feeding operations which shall include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal feeding operation and land application of animal waste; testing for toxic metals, organic materials, and other elements; use of antibiotics; implementing emergency procedures; and spill prevention protocols including testing and inspection of dikes.
(B) An operator of an animal feeding operation and waste utilization area must be certified on the operation of animal waste management under the program created in subsection (A).
Section 47-20-140. (A) For an animal feeding operation which has the capacity of more than 160,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department shall publish a notice
(B) The department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department receives at least twenty letters requesting a public hearing.
Section 47-20-150. (A) Permits for animal feeding operations covered under this chapter must be renewed every seven years. However, subsequent to the issuance of a permit, if the animal feeding operation is not in operation or production for two consecutive years, the permit is not valid and a new permit must be obtained.
(B) The department shall determine the appropriate fee for permit renewals.
Section 47-20-160. (A) The department shall promulgate regulations for this act by January 1, 1998, and submit a report on its progress by January 1, 1997, in consultation with representatives from: the South Carolina Poultry Federation, South Carolina Pork Producer's Association, South Carolina Dairyman's Association, South Carolina Cattlemen's Association, South Carolina Farm Bureau Federation, South Carolina Wildlife Federation, South Carolina Chapter of the Sierra Club, South Carolina Coastal Conservation League, League of Women Voters, Clemson University, South Carolina State University, Natural Resource Conservation Service, South Carolina Department of Agriculture, South Carolina Shrimpers' Association, South Carolina Department of Natural Resources, Land Resources Division, and the South Carolina Association of Conservation Districts. Each organization may appoint one member to consult with the department regarding this chapter, regulations promulgated pursuant to this chapter, and the chapter's implementation. The department shall consult with representatives in meetings which must be conducted by the department, upon the call of the director of the department or the director's designee or upon request to the department of any three members. Representatives from these organizations may not receive mileage, per diem, or subsistence.
(C) The department shall promulgate regulations for siting and managing animal feeding operations, including land application of animal waste, for the bovine, ovine, caprine, equine, and avian species. The regulations must be at a minimum as protective as the department's current guidelines.
Section 47-20-170. Any violation of the provisions of this chapter is punishable as under the Pollution Control Act."
SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of This section do does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."
SECTION 3. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. MEACHAM spoke in favor of the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. FELDER moved immediate cloture on the entire matter.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Beck Boan Brown, H. Cain Carnell Cato Chamblee Dantzler Delleney Felder Fleming Fulmer Gamble Harvin Kinon Kirsh Klauber
Knotts Koon Law Limbaugh Littlejohn Loftis McAbee McCraw Quinn Rhoad Rice Riser Sandifer Sharpe Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wofford Wright Young
Those who voted in the negative are:
Allison Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Clyburn Cobb-Hunter Cooper Cotty Davenport Govan Hallman Harrell Harris, J. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Lanford Lee Limehouse Lloyd Martin Mason McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Robinson Rogers Scott Seithel Sheheen Shissias Simrill Stille Wells Whipper, L. Young-Brickell
So, immediate cloture was rejected.
Rep. SPEARMAN moved to table the amendment.
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cave Chamblee Cooper Cromer Dantzler Delleney Felder Fleming Fulmer Gamble Harvin Inabinett Kirsh Klauber Knotts Koon Lee Limbaugh Littlejohn Lloyd Loftis Martin McAbee McCraw McTeer Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wright
Those who voted in the negative are:
Allison Anderson Baxley Beck Breeland Brown, J. Byrd Canty Cato Clyburn Cobb-Hunter Cotty Davenport Govan Hallman Harrell Harris, J. Hodges Howard Hutson Jennings Keegan Kelley Keyserling Kinon Lanford Law Limehouse Mason McElveen McMahand Meacham Moody-Lawrence Neal Neilson Richardson Rogers Scott Seithel Sheheen Shissias Simrill
Smith, R. Stille Tucker Wells Whipper, L. Whipper, S. Wofford Young-Brickell
So, the amendment was tabled.
The motion of Rep. MARTIN to reconsider the vote whereby Amendment No. 3A was tabled was taken up.
Rep. SHARPE moved to table the motion to reconsider.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cave Chamblee Cooper Cromer Dantzler Delleney Felder Fleming Fulmer Gamble Harvin Inabinett Kinon Kirsh Klauber Knotts Koon Law Lee Limbaugh Littlejohn Loftis McAbee McCraw McTeer Neilson Phillips Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wofford Wright
Allison Anderson Baxley Beck Breeland Brown, J. Byrd Canty Cato Clyburn Cobb-Hunter Cotty Davenport Govan Hallman Harrell Harris, J. Hodges Howard Hutson Jennings Keegan Kelley Keyserling Lanford Limehouse Lloyd Martin Mason McElveen McMahand Meacham Moody-Lawrence Neal Richardson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, R. Stille Tucker Wells Whipper, L. Whipper, S. Young-Brickell
So, the motion to reconsider was tabled.
Rep. HODGES spoke in favor of the Senate amendments.
Rep. McELVEEN spoke against the Senate amendments.
The SPEAKER granted Rep. SIMRILL a leave of absence for the remainder of the day.
Reps. MEACHAM, SEITHEL, HODGES and YOUNG-BRICKELL proposed the following Amendment No. 10A (Doc Name P:\amend\PFM\9403AC.96), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 47 of the 1976 Code is amended by adding:
Section 47-20-10. As used in this chapter:
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