ORDERS:
ORDER
This matter is before the Court pursuant to an appeal by the Petitioner from the proposed issuance
of Poultry Farm Construction Permit #17,920-AG to Respondent Rudolph W. Miller, Jr. a/k/a
Biller Miller by Respondent South Carolina Department of Health and Environmental Control.
The Court has been advised that the issues have been resolved by means of a compromise
settlement agreed to by the parties and approved by their respective counsel. Pursuant to the
terms of the compromise settlement, the parties hereto have agreed to modify the Permit to
Construct issued to Billy Miller, 180 McCartha Road, Lexington, SC 29073, on July 19, 1995,
Permit Number 17,920-AG, as follows:
Special Conditions
(Broilers)
A) The following provisions are hereby added to said Permit:
1. One (1) groundwater downgradient monitoring well is to be installed at the broiler site. This
well shall be constructed in accordance with all regulations pertaining thereto, and in accordance
with the recommendations of the Geohydrologic Section of the Bureau of Water Pollution
Control of the South Carolina Department of Health and Environmental Control. This well is to
be installed before an operating approval is given for the facility. The well shall be sampled and
analyzed annually for the following parameters:
a. Nitrogen
b. Phosphorus
c. Potassium
A background sample is to be taken prior to operation of the facility and analyzed for all the
parameters listed above.
2. All groundwater sampling and laboratory analysis required by this permit shall be submitted to
the following address:
SCDHEC
Agricultural and Stormwater Section
Bureau of Water Pollution Control
2600 Bull Street
Columbia, SC 29201
3. In order to minimize odors, the permittee shall construct, operate and maintain a "baffle" type
exhaust and cooling system to adequately cool and ventilate the broiler houses to exhaust from
the southwestern end of each building (away from the direction of Petitioner's residence).
4. Wastes shall not be applied to areas located in a flood plain.
5. Use runoff control practices during construction of broiler facility with slopes over six percent
at broiler site.
6. Permittee shall establish and maintain vegetation north and northwest of the broiler houses
(between the broiler facility and Petitioners property) to the property boundary for a distance of
200 feet which vegetation shall include trees along the property boundary approximately every ten
feet.
B) The following provisions as contained in said Permit are hereby amended to read as follows:
Item 6. Wastes to be spread on pasture or hay land will require a letter of approval, to be updated
on an annual basis, from the tenant/owner of any residence located within 200 feet of the area of
application.
Item 10. The following requirements shall be adhered to when applying the waste:
a) Avoid applying wastes closer than 100 feet to waterways, streams, lakes, wells, springs,
ponds or creeks.
b) Use lower rates of application on shallow soils over bedrock to reduce possible pollution
of groundwater
c) 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.
d) Waste shall be disked into cropland immediately.
(Note: Item 10(b) is deleted)
Item 12. The permittee must keep a written log(s) which will contain the following information at
the permitted facility for SCDHEC review:
A. Annually, the owner/operator will have a soil test performed on all the areas that manure
and waste water have been applied for N, P, and K. Sampling and analysis shall be
conducted in accordance with the applicable USDA guidelines.
B. Estimate the amount of solids and/or liquids removed from individual facility.
C. Identify which site the solids and/or liquid was land applied and amount.
D. The date when solids and/or liquids were applied.
E. Amount of animals and/or fowl which died per month.
F. Record where and how dead animals are ultimately disposed.
Item 14. 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 promptly for proper
disposal.
Item 16. Dead broilers will be disposed of off-site in a manner approved in writing by SCDHEC.
Dead broilers shall not be disposed of or stored on site in any manner. If a massive die-off occurs,
notify the Department's twenty four hour number (803)253-6488 at once.
C) All other terms and conditions of Permit #17,920-AG shall remain unchanged. In the
event of any inconsistencies between the Waste Management Plan and the Permit, as
amended, the terms and conditions as set forth in the Permit shall be controlling.
Therefore, upon joint motion of the parties;
1) Permit #17,920-AG is modified as hereinabove set forth; and
2) The South Carolina Department of Health and Environmental Control shall forthwith modify
Permit #17,920-AG in accordance with the terms of this Order; and
3) This case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
______________________
Ralph King Anderson, III
Administrative Law Judge
I SO MOVE AND CONSENT:
______________________
Karen S. Hopkins
Kenneth E. Ormand, Jr., PA
P.O. Box 8657
Columbia, SC 29202
(803)254-4220
ATTORNEY FOR PETITIONERS
Dated:_____________________
Stuckey vs. Miller/SCDHEC
Docket No. 95-ALJ-07-0536-CC
I SO MOVE AND CONSENT:
________________________
E. Pickens Rish, Esquire
113 East Main Street
P.O. Box 608
Lexington, SC 29072
(803)359-7780
ATTORNEY FOR RESPONDENT RUDOLPH W. MILLER, JR.
A/K/A BILLY MILLER
Stuckey vs. Miller/SCDHEC
Docket No. 95-ALJ-07-0536-CC
I SO MOVE AND CONSENT:
_______________________
Thomas G. Eppink
Staff Counsel
South Carolina Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
(803) 734-4910
ATTORNEY FOR RESPONDENT SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL |