South Dakota Administrative Code

Rule 12:44:05:08 Leak detection requirements. 12:44:05:08. Leak detection requirements. Secondary containment constructed in accordance with § 12:44:05:07, after July 1, 1989, must have a leak detection system located beneath the synthetic liner and the 6-inch compacted clay soil…

Rule 12:44:05:09 Monitoring leak detection systems. 12:44:05:09. Monitoring leak detection systems. Leak detection systems must be monitored at least once a month. Upon detection of any liquid within the monitoring system, the operator of the bulk commercial fertilizer storage fa…

Rule 12:44:05:10 Records of monitoring. 12:44:05:10. Records of monitoring. The records for monthly monitoring required in § 12:44:05:09 must include the following: (1) Name of the person doing the monitoring; (2) Day, month, and year monitoring was conducted; and (3) Time of day…

Rule 12:44:05:11 Disposal of contaminated liquid or material within secondary containment. 12:44:05:11. Disposal of contaminated liquid or material within secondary containment. For disposal purposes when any liquid or material within secondary containment contains a fertilizer, …

Rule 12:44:05:12 Alternative means of secondary containment for secondary containment constructed after July 1, 1989. 12:44:05:12. Alternative means of secondary containment for secondary containment constructed after July 1, 1989. Alternative means of secondary containment for s…

Rule 12:44:05:13 New storage facility location. 12:44:05:13. New storage facility location. A new storage facility constructed after July 1, 1989, may not be located within 500 feet of a well other than monitoring wells. Source: 15 SDR 194, effective July 1, 1989. General Authori…

Rule 12:44:05:14 Repealed. 12:44:05:14. Requirements for existing bulk commercial fertilizer storage sites. Repealed. Source: 15 SDR 194, effective July 1, 1989; 17 SDR 40, effective September 16, 1990; repealed, SL 2015, ch 204, § 42, effective July 1, 2015.

Rule 12:44:05:15 Requirements for new bulk commercial fertilizer storage facilities. 12:44:05:15. Requirements for new bulk commercial fertilizer storage facilities. All bulk commercial fertilizer storage facilities constructed after July 1, 1989, must be constructed, maintained,…

Rule 12:44:05:16 Bulk commercial fertilizer storage facility permit. 12:44:05:16. Bulk commercial fertilizer storage facility permit. A bulk commercial fertilizer storage facility permit is required prior to the operation of a bulk commercial fertilizer storage facility. Each fac…

Rule 12:44:05:17 Bulk commercial fertilizer storage facility conditional permit. 12:44:05:17. Bulk commercial fertilizer storage facility conditional permit. A bulk commercial fertilizer storage facility conditional permit is required for the operation of a bulk commercial fertil…

Rule 12:44:05:18 Bulk commercial fertilizer storage site inspection. 12:44:05:18. Bulk commercial fertilizer storage site inspection. A bulk commercial fertilizer storage site inspection is required to determine compliance with § 12:44:05:14 prior to issuance of the conditional p…

Rule 12:44:05:19 Bulk commercial fertilizer storage facility inspection. 12:44:05:19. Bulk commercial fertilizer storage facility inspection. A bulk commercial fertilizer storage facility inspection must be conducted on any new, existing, or altered bulk commercial fertilizer sto…

Rule 12:44:05:20 Alteration of existing permitted bulk commercial fertilizer storage facility. 12:44:05:20. Alteration of existing permitted bulk commercial fertilizer storage facility. An operator of an existing permitted bulk commercial fertilizer storage facility must notify t…

Rule 12:44:05:21 Notice of bulk commercial fertilizer storage facility inspection. 12:44:05:21. Notice of bulk commercial fertilizer storage facility inspection. Separate notice shall be given for each bulk commercial fertilizer storage facility inspection. A report of the inspec…

Rule 12:44:05:22 Repealed. 12:44:05:22. Bulk commercial fertilizer storage sites construction before July 1, 1989. Repealed. Source: 15 SDR 194, effective July 1, 1989; repealed, SL 2015, ch 204, § 43, effective July 1, 2015.

Rule 12:44:05:23 Required plans and specifications for bulk commercial fertilizer storage facilities. 12:44:05:23. Required plans and specifications for bulk commercial fertilizer storage facilities. Persons responsible for existing bulk commercial fertilizer storage sites must s…

Rule 12:44:05:24 Secretary to be notified of name of contractor. 12:44:05:24. Secretary to be notified of name of contractor. If the applicant does not know who the contractor will be at the time he files a bulk commercial fertilizer storage facility permit application, the appli…

Rule 12:44:05:25 Contents of bulk commercial fertilizer storage facility permit application. 12:44:05:25. Contents of bulk commercial fertilizer storage facility permit application. A bulk commercial fertilizer storage facility permit application must include the following: (1) N…

Rule 12:44:05:26 Underground storage. 12:44:05:26. Underground storage. Underground bulk commercial fertilizer storage is prohibited. A sealed catch basin used for the temporary collection of runoff or rinsate from transfer and loading areas is allowed. Source: 15 SDR 194, effect…

Rule 12:44:05:27 Commercial fertilizer loading and mixing areas. 12:44:05:27. Commercial fertilizer loading and mixing areas. By February 1, 1992, all loading and mixing of liquid and nonliquid bulk commercial fertilizer, unless performed in the field of application, must be done…

Rule 12:44:05:28 Wash waters and rinsates. 12:44:05:28. Wash waters and rinsates. By February 1, 1992, all washing of commercial fertilizer application equipment at liquid and nonliquid bulk commercial fertilizer storage facilities must be conducted within an area that complies w…

Rule 12:44:05:29 Spills. 12:44:05:29. Spills. The operator or manager of a bulk commercial fertilizer storage facility shall notify the Department of Agriculture and Natural Resources or the division of emergency and disaster services within 3 hours after a spill of more than 25 …

Rule 12:44:06:01 Commercial fertilizer tonnage inspection fee. 12:44:06:01. Commercial fertilizer tonnage inspection fee. The commercial fertilizer tonnage inspection fee is sixty-five cents a ton, except the fee is fifty-five cents a ton on products that are made up entirely of …

Rule 12:51:01:01 Definitions. 12:51:01:01. Definitions. Terms defined in SDCL 38-24A-1 have the same meaning in this article. In addition, the following terms mean: (1) "Certified forage products," hay, straw, stover, or mulch that has been officially inspected prior to harvest a…

Rule 12:51:02:01 Area under regulation. 12:51:02:01. Area under regulation. The area regulated for nonnative plant species is the state of South Dakota. Source: 19 SDR 32, effective September 8, 1992. General Authority: SDCL 38-24A-9. Law Implemented: SDCL 38-24A-6, 38-24A-7.

Rule 12:51:02:02 Areas subject to Karnal bunt quarantine. 12:51:02:02. Areas subject to Karnal bunt quarantine. The secretary shall quarantine this state or each portion of this state that is infested with Karnal bunt. Less than the entire state may be designated as a Karnal bunt…

Rule 12:51:02:03 Quarantine of uninfested areas for Karnal bunt. 12:51:02:03. Quarantine of uninfested areas for Karnal bunt. The secretary may include uninfested acreage with a Karnal bunt quarantine area because of its proximity to an infestation or inseparability from the infe…

Rule 12:51:02:04 Federal Karnal bunt regulated areas. 12:51:02:04. Federal Karnal bunt regulated areas. The areas designated by the federal government as Karnal bunt regulated areas are those areas listed in 7 C.F.R. § 301.89-3, as published in 69 Fed. Reg. 8095 to 8097, inclusiv…

Rule 12:51:03:01 Regulated nonnative plant species. 12:51:03:01. Regulated nonnative plant species. The following nonnative plant species, including all plants, plant parts, and seeds capable of propagation, are regulated plant species under SDCL 38-24A-6: (1) Canada thistle (Cir…

Rule 12:51:03:02 Regulated plant diseases. 12:51:03:02. Regulated plant diseases.Karnal bunt (Tilletiaindica) is a regulated plant disease under SDCL 38-24A-6. Source: 23 SDR 16, effective August 5, 1996. General Authority: SDCL 38-24A-9. Law Implemented: SDCL 38-24A-6, 38-24A-9.…

Rule 12:51:04:01 Untreated soil and quarry materials. 12:51:04:01. Untreated soil and quarry products. Untreated soil, subsoil, and quarry products that have been exposed to the nonnative plant species listed in § 12:51:03:01 are regulated articles. Source: 19 SDR 32, effective S…

Rule 12:51:04:02 Used and uncleaned equipment. 12:51:04:02. Used and uncleaned equipment. Used and uncleaned equipment, including cultivating equipment, soil moving equipment, harvesting equipment, grain cleaning equipment, and seeding equipment, that has been exposed to the nonn…

Rule 12:51:04:03 Unprocessed and noncertified forage products. 12:51:04:03. Unprocessed and noncertified forage products. Unprocessed and noncertified forage products, including hay, straw, stover, and mulch, that have been exposed to the nonnative plant species listed in § 12:51…

Rule 12:51:04:04 Untreated compost, manure, humus, and plant media. 12:51:04:04. Untreated compost, manure, humus, and plant media. Untreated compost, manure, humus, and artificial plant growth media that have been exposed to the nonnative plant species listed in § 12:51:03:01 ar…

Rule 12:51:04:05 Articles originating from areas infested with Karnal bunt. 12:51:04:05. Articles originating from areas infested with Karnal bunt. The following articles originating from quarantined areas infested with Karnal bunt declared pursuant to §§ 12:51:02:02 to 12:51:02:…

Rule 12:51:04:06 Articles subject to Karnal bunt embargo. 12:51:04:06. Articles subject to Karnal bunt embargo. Regulated articles listed in § 12:51:04:05 that originate from regulated areas listed in 7 C.F.R. § 301.89-3, as published in 69 Fed. Reg. 8095 to 8097, inclusive, (Feb…

Rule 12:51:05:01 Permitted collections. 12:51:05:01. Permitted collections. Nonnative plant species listed in § 12:51:03:01 may be collected or grown under a permit issued by the secretary for use as herbariums or for research in control methods. Source: 19 SDR 32, effective Sept…

Rule 12:51:05:02 Educational specimens. 12:51:05:02. Educational specimens. Nonnative plant species listed in § 12:51:03:01 may be collected without a permit for the creation of specimens for educational purposes if the methods used to collect specimens ensure that no infestation…

Rule 12:51:05:03 Business agreements. 12:51:05:03. Business agreements. The department may enter into written agreements with persons engaged in the growing, transportation, handling, or processing of regulated articles that require the persons to maintain safeguards against the …

Rule 12:51:06:01 Nonnative plant species. 12:51:06:01. Nonnative plant species. A person may not bring into or transplant, buy, sell, offer for sale, or disseminate within South Dakota any plants, plant parts, or seeds of a plant species or hybrid cross of a plant species listed …

Rule 12:51:06:02 Regulated articles. 12:51:06:02. Regulated articles. A person may not transport, buy, sell, or offer for sale within the regulated area any regulated articles exposed to any of the nonnative plant species listed in § 12:51:03:01. Source: 19 SDR 32, effective Sept…

Rule 12:51:06:03 Karnal bunt quarantine. 12:51:06:03. Karnal bunt quarantine. Pursuant to §§ 12:51:02:02 to 12:51:02:04, inclusive, a person may not transport, buy, sell, or offer for sale in this state in a manner contrary to chapters 12:51:07 to 12:51:09, inclusive, any regulat…

Rule 12:51:07:01 Treatment of equipment. 12:51:07:01. Treatment of equipment. Regulated equipment specified in § 12:51:04:02 must be cleaned and free of soil, plant parts, seeds, and physical debris prior to movement into or within South Dakota. At a minimum, regulated equipment …

Rule 12:51:07:02 Treatment of other regulated articles. 12:51:07:02. Treatment of other regulated articles. Treatment of regulated articles specified in §§ 12:51:04:01, 12:51:04:03, 12:51:04:04, 12:51:04:05, and 12:51:04:06 includes fumigation treatment, heat treatment, mechanica…

Rule 12:51:07:03 Disposal of infested material. 12:51:07:03. Disposal of infested material. Weed seeds, plant parts, soil, and other debris collected when treating regulated articles must be disposed of in a manner that prevents dissemination of the regulated pests listed in chap…

Rule 12:51:07:04 Disposition of articles in violation. 12:51:07:04. Disposition of articles in violation.Regulated plants or articles in violation of § 12:51:06:01, 12:51:06:02, or 12:51:06:03.must be returned to the point of origin, destroyed, or, if possible, treated in a manne…

Rule 12:51:08:01 Movement of regulated articles from Karnal bunt infested areas. 12:51:08:01. Movement of regulated articles from Karnal bunt infested areas. A regulated article may be moved from an area infested with Karnal bunt into, through, or within this state only under the…

Rule 12:51:09:01 Assembly and inspection of regulated articles. 12:51:09:01. Assembly and inspection of regulated articles. Persons requiring inspection, certification, or other services from the secretary must request the services from the secretary at least 48 hours before the …

Rule 12:51:09:02 Issuance of certificates. 12:51:09:02. Issuance of certificates. The secretary shall issue a certificate for movement of a regulated article upon determination that the regulated article: (1) Is eligible for unrestricted movement under all other applicable federa…

Rule 12:51:09:03 Issuance of permits. 12:51:09:03. Issuance of permits. If a regulated article is not eligible for a certificate, the secretary may issue a permit for the movement of a regulated article or approve the issuance of a permit by the state plant regulatory official in…