ORDERS:
ORDER
This matter comes before the undersigned by way of an Agency Transmittal from the Department
of Health and Environmental Control ("the Department") for the conduct of a hearing from which
findings of fact and conclusions of law were to be made. Prior to the Hearing scheduled in this
matter, the parties reached an agreement which will effectively conclude this matter without any
findings of fact or adjudication of the issues. This Order will dispose of the issues raised in this
matter.
This proceeding involves an appeal by Petitioners Jack Heape, Norris Bowen, Bill Taylor, John
Barton and JoAnn Bowen ("the Petitioners") of Construction Permit No. 17,877-AG issued by
the Department on May 1, 1995 to Respondent Hallman for the construction of a waste treatment
and or collection system for a project consisting of four (4) broiler houses and other
improvements (the "Permit"). The Petitioners' appeal a number of the permit conditions as well as
the siting of the proposed broiler houses.
Accordingly, by and with the consent of all parties, it is ordered and agreed as follows:
1. The Department shall immediately modify Construction Permit No. 17,877-AG as following:
a. Item 1) of the Project Description on page one of the Permit is to be amended to read
as follows:
"1) Construction of four (4) broiler houses as depicted on the attached site plan."
b. Special Condition 3. is to be amended to read as follows:
"All medical wastes (hypodermic needles, serum bottles, etc.) must be disposed of off-site
according to Department regulations."
c. Special Condition 5. is to be amended to read as follows:
"Dead birds shall be disposed off-site in a manner approved in writing by SCDHEC. Dead birds
shall not be disposed of or stored on site in any manner."
d. Special Condition 6. is to be amended to read as follows:
"The owner/operator shall operate and maintain waste system, including all special conditions in
accordance with Waste Management Plan developed by Thomas Stone, NCRS Technician."
e. Special Condition 9. is to be amended to read as follows:
"The manure shall be applied only when weather is clear and scheduled to be clear, when soil
conditions are favorable, and when prevailing winds are blowing from nearby opposite dwellings.
If the waste contains fly larvae and fly pupae to an extent that can cause a community fly problem,
the Department of Health, Vector Control Section in your County should be contacted for
assistance. Waste containing fly pupae shall be buried off-site to meet the approval of SCDHEC."
f. Special Condition 11. is to be amended to read as follows:
"Wastes shall be applied in the following manner:
(a) Wastes shall not be spread within one hundred (100) feet of any water, watercourse,
wetland, or well or spring used for domestic water supply. This distance shall be increased to two
hundred (200) feet where the ground slopes toward such areas.
(b) In order to minimize odors along Laura Brodie Road, wastes shall not be spread within three
hundred (300) feet of the eastern boundary of parcels 17, 18, and 19 as shown on the waste
management plan.
(d) Waste shall be spread and immediately incorporated into the soil on flood plains after danger
of major runoff events is past.
(e) Use lower rates of application on shallow soils over bedrock to reduce possible pollution of
groundwater.
(f) On slopes over 300 feet long in cropland, the permittee shall install terraces or surface drains
to trap sediment and increase flow time to outlet."
g. Special Condition 12. is to be amended to read as follows:
"Good sanitation shall be practiced and leaking waters shall be repaired within 24 hours to reduce
fly problem and prevent runoff from inside the houses. Any wastes wet enough to cause fly or
other problems shall be immediately removed from the houses, applied to the land and disked in if
needed to eliminate the fly problem. The following maintenance concerns will be addressed as
needed to eliminate the fly problem and to keep the waste system functioning as it was designed:
(a) Should any spillage occur during the transportation of the waste, the owner/operator will take
immediate steps to clean up the waste.
h. The first sentence of Special Condition 13. is to be amended to read as follows:
"The permittee shall maintain a written log(s) which will contain the following information
concerning the permitted facility and submit a report of the information annually to SCDHEC for
review:"
i. Special Condition 13.A is to be amended to read as follows:
"Annually, the owner/operator shall perform soil tests on all waste management areas on which
manure has been applied for N, P, K, and nitrates. Sampling and analysis shall be conducted in
accordance with the applicable U.S.D.A. guidelines."
j. Special Condition 15. is to be amended to read as follows:
"Waste shall not be disposed of or stockpiled on the site and shall be removed from the broiler
houses directly onto transport vehicles and transported off-site daily for proper disposal."
k. Special Condition 17. is to be amended to read as follows:
"If a massive die-off of birds occurs, notify the Department's twenty-four hour number
(803)253-6488 at once."
l. Add Special Condition 25. to read as follows:
"The permittee shall maintain the existing vegetation as a buffer to minimize odors for a distance
of 100 feet along the eastern boundary of parcels 17, 18, and 19 as shown on the waste
management plan."
2. Respondent Hallman agrees to execute and record the attached Restrictive Covenant limiting
the permissible uses of the original proposed construction.
3. The parties hereto waive their respective rights to have these matters reviewed by the
Administrative Law Judge.
THEREFORE, this Order shall become the final agency determination on each of the matters
referred to herein.
IT IS SO ORDERED.
Ralph King Anderson, III
Administrative Law Judge
WE SO MOVE:
PETITIONERS
By:
W. Thomas Lavender, Jr., Esquire
Date:
SOUTH CAROLINA DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL
By:
Thomas G. Eppink, Esquire
Date:
BILLY TRACY HALLMAN
By:
Gilbert S. Bagnell, Esquire
Date: |
