Please file. Thanks!

Ryan,

Below is a response to Mr. Blanchard’s inquiry to the Governor’s office. We have not sent this directly to him, but we will gladly email Mr. Blanchard directly if that is your preference. Just let me know.

Thanks, Katie

***

This is in response to an email sent by Paul Blanchard on March 1, 2016, concerning health evaluations performed by the Department of Health and Environmental Control during the permit application review process for the William Shealy Poultry Farm in Pelion, SC. 

The Department evaluates permit applications for agriculture animal facilities in accordance with Regulation 61-43; Standards for the Permitting of Agricultural Animal Facilities.  Part 200.10(A) states that the purpose is: “To establish standards for the growing or confining of animals, processing of animal manure and other animal by-products, and land application of animal manure and other animal by-products in such a manner as to protect the environment, and the health and welfare of citizens of the State from pollutants generated by this process.”  (Emphasis added).

In the review of the Shealy permit application, there were four (4) citizens that requested to have their medical conditions evaluated by the Department's medical staff.  The review of the submitted medical concerns resulted in the Department's Agricultural Permitting staff placing the below list of special conditions on the Shealy permit:

1.  The exhaust fans shall be located on the western end of the barns.

2.  The property line setback of 400 feet to the west as indicated in the Comprehensive Nutrient Management Plan shall remain vegetated, undisturbed and maintained as a vegetative buffer to aid in the reduction of odors and particulate matter.

3.  The vegetative buffer shall be established on the eastern end of the poultry barns as per the submitted vegetative buffer plan.

4.  A filtration system shall be installed prior to placing the barns into operation and shall remain in place until the vegetative buffer reaches 1.5 times the height of the exhaust fans per plans and specifications.

In addition to the special permit conditions listed above, Mr. Shealy elected to plant pines in the open fields around the location of the barns.  These planted pines are not required as part of the permit, but were a proactive measure by the permittee to provide more protection from particulate matter associated with the exhaust fans.

Mr. Blanchard expressed concerns over his wife’s health conditions and the evaluations done by the Department in relation to the Shealy facility.  In general, individuals identify healthcare providers who are familiar with their medical conditions. DHEC relies on information provided by these identified healthcare providers to make a determination. 

The names of all individuals who filed health concerns as well as the content of those evaluations are protected under HIPAA (Health Insurance Portability and Accountability Act of 1996). Pursuant to HIPAA, the Department can only discuss an individual’s concerns directly with them or with a person that they designate in writing.  If Mr. Blanchard would like to serve as his wife’s representative, he will need to provide to the Department a written medical release authorization from his wife.  Upon receipt of a medical release form, both Agricultural Permitting Staff and Linda Bell, M.D., State Epidemiologist and Director of Clinical Services, will be able to discuss details concerning Ms. Locklear.

Please let us know if you have any additional questions.

Ms. Phillips,

I hope you are doing well today.

We recently received the following message regarding DHEC issues so I am referring it on to you for response.

Thank you,

Ryan Adam

Office of the Governor

803.734.2100

RyanAdam@gov.sc.gov

From: "governor.haley@sc.lmhostediq.com" <governor.haley@sc.lmhostediq.com>

Date: 3/1/2016 1:45:20 PM

To: "governor.haley@sc.lmhostediq.com" <governor.haley@sc.lmhostediq.com>

Cc:

Subject: Response via eform 100002 - Help with a State Agency

<APP>WORKFLOW

<TEMPLATEID>344</TEMPLATEID>

<PREFIX>Mr.</PREFIX>

<FIRST>Paul</FIRST>

<MIDDLE>J.</MIDDLE>

<LAST>Blanchard</LAST>

<SUFFIX></SUFFIX>

<TITLE></TITLE>

<ORGANIZATION></ORGANIZATION>

<ADDR1>135 Pat Rd.</ADDR1>

<ADDR2></ADDR2>

<CITY>Lexington</CITY>

<STATE>SC</STATE>

<ZIP>29073</ZIP>

<EMAIL>pblanchard53@yahoo.com</EMAIL>

<PHONE_H>8033182814</PHONE_H>

<PHONE_B>8033182814</PHONE_B>

<WFUD_Request>Dear Governor Haley,

I write to you for help based on your stated concerns regarding veterans' issues and mental health issues. My wife is a fully disabled veteran suffering from severe service related Post Traumatic Stress Disorder, (PTSD). Last year a poultry farm permit application was applied for in our area. As you know, this process is handled by SCDHEC. As part of this process a public hearing was conducted by SCDHEC. At this hearing area property owners were provided detailed information about the permit application, the SCDHEC process for reviewing the application and also allowed an opportunity to voice their concerns. Many of the concerns aired by area residents dealt with health concerns for existing conditions that might be adversely affected by this operation. In response, at the meeting, SCDHEC provided forms for submitting health concerns and supporting documentation from a qualified health professional treating the person. At no time, either in correspondence from SCDHEC or at the public hearing SCDHEC held, was a physical health only prevision stated. My wife submitted this form along with supporting documentation from a Veteran's Administration doctor. The doctor at that time stated how the proposed chicken farm would adversely affect my wife's condition.

On the 26th of last month we received a correspondence from SCDHEC stating that the permit proposal was approved pending any requests for final review. On the 27th, we received a separate correspondence regarding the review by SCDHEC of my wife's health issues. It stated "Dr. Linda Bell states the following: "Ms. Locklear has reported post-traumatic stress disorder, but there is not documentation of chronic respiratory, cardiac or allergic conditions that are expected to be exacerbated by a poultry facility at a distance of .4 miles from her residence with the appropriate placement of exhaust fans and a vegetative buffer." To the best of my knowledge, Dr. Linda Bell is an epidemiologist with no training or expertise in regard to mental health. From all appearances, it seems that my wife's mental health issues were not given any consideration. There was no mention of a review by a qualified mental health professional or even the mention of any type of consultation with a qualified mental health professional by Dr. Bell.

The World Health Organization defines "health" as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity". (The correct bibliographic citation for the definition is: Preamble to the Constitution of the World Health Organization as adopted by the International Health Conference, New York, 19-22 June, 1946; signed on 22 July 1946 by the representatives of 61 States (Official Records of the World Health Organization, no. 2, p. 100) and entered into force on 7 April 1948. The Definition has not been amended since 1948.) Based on this widely accepted definition of "health", I believe SCDHEC discriminated against my wife by refusing to give my wife's mental health issue fair consideration or proper review. Indirectly, as with all citizens of this state and country, the people at SCDHEC making these decisions depended on my wife's military service, along with the service of all military personnel, to protect them. When it came time for my wife to trust that she would be protected by SCDHEC in regard to this matter, her mental health issues were not even given consideration. By not giving my wife's mental health issues consideration, SCDHEC ultimately removed the protection all citizens of this state should be afforded in regard to these matters.

Any help you or your office can offer my wife in regard to this matter would be greatly appreciated and we appreciate the fact that your office offers us an opportunity to address this matter to you. Thank you.

Sincerely,

Paul J. Blanchard

(on behalf of Shirley B. Locklear)

</WFUD_Request>

<SUBJECT></SUBJECT>

<CUSTOM1>166.170.56.85</CUSTOM1>

<MSG>

</MSG>

</APP>