South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
BRYAN AND CONNIE STUCKEY vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
BRYAN AND CONNIE STUCKEY


Respondent:
South Carolina Department of Health and Environmental Control AND RUDOLPH W. MILLER, JR. a/k/a BILLY MILLER
 
DOCKET NUMBER:
95-ALJ-07-0536-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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