South Dakota Administrative Code

Rule 74:27:08:09 Time to apply for new facilities. 74:27:08:09. Time to apply for new facilities. A person proposing to construct a new Type I or IIA facility must submit a Phase I application for a solid waste permit at least 270 days before the proposed date on which constructi…

Rule 74:27:08:10 Time to apply for permit amendment. 74:27:08:10. Time to apply for permit amendment. A solid waste permit may be amended at any time by submittal of an application by the applicant or by filing a petition by the secretary or a member of the board. The application…

Rule 74:27:08:11 Time to apply for permit renewal. 74:27:08:11. Time to apply for permit renewal. An application for renewal of a solid waste permit must be submitted at least 90 days before the expiration date. Applications for permit renewals must be in the form required by cha…

Rule 74:27:08:12 Permit application -- Completeness review. 74:27:08:12. Permit application -- Completeness review. The secretary shall conduct a completeness review of each permit application received as follows: (1) Within 90 days after submission of an application or amendment…

Rule 74:27:08:13 Permit application -- Technical review. 74:27:08:13. Permit application -- Technical review. When the application is determined to be complete, the secretary shall conduct a review to determine its technical adequacy and its compliance with all applicable standar…

Rule 74:27:08:14 Secretary's recommendation. 74:27:08:14. Secretary's recommendation. Based on the technical review, the secretary shall mail a written recommendation of approval, approval with conditions, or denial of the application to the applicant within the 90-day technical …

Rule 74:27:08:15 Permit conditions. 74:27:08:15. Permit conditions. The recommendation of the secretary shall specifically state all proposed terms and conditions. The board or secretary may impose conditions on a permit as necessary to ensure compliance with this article, SDCL t…

Rule 74:27:08:16 Public notice of secretary's recommendation. 74:27:08:16. Public notice of secretary's recommendation. The secretary shall instruct an official newspaper in the county in which the facility is to be located to publish a notice of the secretary's recommendation on…

Rule 74:27:08:17 Procedure for contesting secretary's recommendation. 74:27:08:17. Procedure for contesting secretary's recommendation. A hearing may be held on an application only if a petition requesting a hearing is filed by the secretary, any member of the board, the applican…

Rule 74:27:08:18 Hearings. 74:27:08:18. Hearings. The board shall schedule a hearing on the permit application upon receipt of a petition complying with the requirements of chapter 74:09:01. The hearing shall be held no later than 60 days after the receipt of the last timely peti…

Rule 74:27:08:19 Application amendments prohibited after publication. 74:27:08:19. Application amendments prohibited after publication. The applicant may not change or amend a permit application after the publication of the notice containing the secretary's recommendation on the …

Rule 74:27:08:20 Continuances. 74:27:08:20. Continuances. A party in a hearing may request a continuance of a hearing as provided in article 74:09. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993. General Authority: SDCL 34A-6-1.6, 34A-6-1.14. Law I…

Rule 74:27:08:21 Permit transfers. 74:27:08:21. Permit transfers. Permits granted pursuant to this article may be transferred with the approval of the board. Applications for the transfer must demonstrate that the transferee will comply with all terms and conditions of the permit…

Rule 74:27:08:22 Notice of violation. 74:27:08:22. Notice of violation. Unless contested, a notice of violation issued under SDCL 34A-6-1.22 to 34A-6-1.25, inclusive, becomes final 20 days after receipt by the violator. Source: 17 SDR 8, effective July 26, 1990. General Authority…

Rule 74:27:08:23 Permit suspension, revocation, and reinstatement. 74:27:08:23. Permit suspension, revocation, and reinstatement. A permit suspended under SDCL 34A-6-1.21 to 34A-6-1.27, inclusive, may be reinstated only upon timely compliance with all orders to cease violation an…

Rule 74:27:09:01 Signatory requirements. 74:27:09:01. Signatory requirements. The operator, the landowner, and any lien holder of public record shall sign all permit applications. All persons signing the application must be authorized agents. The following persons are considered …

Rule 74:27:09:02 Permit application instructions. 74:27:09:02. Permit application instructions. A permit application consists of the information required by the applicable provisions of §§ 74:27:09:03 to 74:27:09:06, inclusive, and the fee established in § 74:27:08:03. Design and…

Rule 74:27:09:03 Solid waste disposal permit application -- Contents. 74:27:09:03. Solid waste disposal permit application -- Contents. Except as provided by SDCL 34A-6-1.18, a solid waste disposal permit application must include complete information as required in this section: …

Rule 74:27:09:04 Solid waste incinerator permit application -- Contents. 74:27:09:04. Solid waste incinerator permit application -- Contents. Solid waste incinerator permit applications shall include complete information on the following: (1) The general information required in s…

Rule 74:27:09:05 Renewal applications and amendments. 74:27:09:05. Renewal applications and amendments. Applications for permit renewals and permit amendments shall include all information required by §§ 74:27:09:03 and 74:27:09:04 that has not been submitted in permit applicatio…

Rule 74:27:09:06 Permit applications for other solid waste facilities. 74:27:09:06. Permit applications for other solid waste facilities. Permit applications for the following solid waste facilities must include applicable information required by §§ 74:27:09:03 and 74:27:09:04 an…

Rule 74:27:10:01 Requirements for general permits. 74:27:10:01. Requirements for general permits. A general permit may be written to cover a specific category of solid waste storage, processing, transportation, or disposal. The category of solid waste handling must meet the follo…

Rule 74:27:10:02 Solid waste handling categories for purposes of general permits. 74:27:10:02. Solid waste handling categories for purposes of general permits. The following are the categories of solid waste handling that may be issued a general permit: (1) Land application of pe…

Rule 74:27:10:03 General permit procedures. 74:27:10:03. General permit procedures. The secretary shall recommend to the board the issuance of general permits for the categories found in § 74:27:10:02. The secretary shall publish the recommendation that a general permit be issued…

Rule 74:27:10:04 General permit conditions. 74:27:10:04. General permit conditions. The secretary may recommend that a general permit be issued subject to certain terms and conditions, including such conditions as specific facility design requirements, methods of operation and ha…

Rule 74:27:10:05 General permit amendments, revocations, and suspensions. 74:27:10:05. General permit amendments, revocations, and suspensions. A general permit may be amended upon the recommendation of the board or the secretary in the same manner as provided for under § 74:27:1…

Rule 74:27:10:06 Board may require individual permit. 74:27:10:06. Board may require individual permit. The board may require a person authorized under a general permit to apply for and obtain an individual solid waste permit. The secretary or an interested person may petition th…

Rule 74:27:11:01 Applicability. 74:27:11:01. Applicability. This chapter applies to locations of new MSWLF's and lateral expansions of existing facilities. In addition, the provisions of §§ 74:27:11:03, 74:27:11:04, and 74:27:11:08.01 apply to existing MSWLF's. Rubble sites, cons…

Rule 74:27:11:02 Wildlife, recreation, aesthetic value, threatened or endangered species. 74:27:11:02. Wildlife, recreation, aesthetic value, threatened or endangered species. The location shall not cause significant adverse effect to wildlife, recreation, aesthetic value of an a…

Rule 74:27:11:03 Floodplains. 74:27:11:03. Floodplains. Facilities shall not be located within the boundaries of a 100-year floodplain. Source: 17 SDR 8, effective July 26, 1990. General Authority: SDCL 34A-6-1.6. Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:11:04 Distance to airports. 74:27:11:04. Distance to airports. Facilities containing putrescible wastes capable of attracting birds may not be located within 5,000 feet of an airport runway end used only by piston-type aircraft, and within 10,000 feet of an airport run…

Rule 74:27:11:05 Distance to residences, other buildings, roads, and parks. 74:27:11:05. Distance to residences, other buildings, roads, and parks. Facilities may not be located within 1,000 feet of an occupied dwelling, school, hospital, interstate or primary highway right-of-wa…

Rule 74:27:11:06 Distance to surface water. 74:27:11:06. Distance to surface water. Facilities containing putrescible waste or other facilities disposing of materials that may pollute surface water may not be located within 1,000 feet of streams, creeks, lakes, reservoirs, or oth…

Rule 74:27:11:07 Wetlands. 74:27:11:07. Wetlands. Facilities shall not be located in wetlands. Source: 17 SDR 8, effective July 26, 1990. General Authority: SDCL 34A-6-1.6. Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:11:08 Gravel pits and quarries. 74:27:11:08. Gravel pits and quarries. Only rubble or construction or demolition debris that is free of regulated asbestos-containing waste materials, asphalt-containing materials, petroleum products, or other materials that may pollute …

Rule 74:27:11:08.01 Unstable areas. 74:27:11:08.01. Unstable areas. Facilities may not be located in an unstable area. Source: 19 SDR 186, effective June 10, 1993. General Authority: SDCL 34A-6-1.6. Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:11:08.02 Seismic impact zones. 74:27:11:08.02. Seismic impact zones. New MSWLFs or lateral expansions of existing MSWLFs may not be located in seismic impact zones. Source: 19 SDR 186, effective June 10, 1993. General Authority: SDCL 34A-6-1.6. Law Implemented: SDCL 34…

Rule 74:27:11:08.03 Fault areas. 74:27:11:08.03. Fault areas. New MSWLFs or lateral expansions of existing MSWLFs may not be located within 200 feet of a fault which has had displacement in Holocene time. Source: 19 SDR 186, effective June 10, 1993. General Authority: SDCL 34A-6-…

Rule 74:27:11:09 Variances. 74:27:11:09. Variances. The board or secretary may grant variances subject to the terms of this section. The owner or operator of a facility shall make any demonstrations necessary to the board or secretary for the purpose of obtaining variances. Demon…

Rule 74:27:12:01 Applicability -- Exemptions. 74:27:12:01. Applicability -- Exemptions. This chapter applies to all new MSWLFs and lateral expansions of MSWLFs. The requirements of § 74:27:12:21 apply to all facilities. The requirements of § 74:27:12:19 are subject to the phase-i…

Rule 74:27:12:02 Design criteria. 74:27:12:02. Design criteria. Facilities must be designed and constructed to protect human health and prevent degradation of the environment, including ambient groundwater quality, surface water quality, and air quality. Notwithstanding the provi…

Rule 74:27:12:03 Site characterization. 74:27:12:03. Site characterization. An adequate site characterization includes the following: (1) Each of the location standards of chapter 74:27:11 in relation to the proposed site; (2) The number of acres comprising the proposed site; (3)…

Rule 74:27:12:04 Soil borings -- Soil properties. 74:27:12:04. Soil borings -- Soil properties. The applicant shall locate soil borings to best represent geologic conditions at the site. Borings shall extend to depths sufficient to determine site conditions. The applicant shall b…

Rule 74:27:12:05 Hydrogeologic evaluation. 74:27:12:05. Hydrogeologic evaluation. The applicant shall conduct a hydrogeologic evaluation at or near the site to determine, at a minimum, the groundwater flow direction, gradient, and ambient quality. Well construction must conform t…

Rule 74:27:12:06 All-weather roads. 74:27:12:06. All-weather roads. Each facility must be accessible by an all-weather access road and must have all-weather on-site roads suitable for travel by loaded vehicles. Source: 17 SDR 8, effective July 26, 1990. General Authority: SDCL 34…

Rule 74:27:12:07 All-weather fill areas. 74:27:12:07. All-weather fill area. Each facility open to the public must have an all-weather fill area for use during inclement weather. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993. General Authority: SD…

Rule 74:27:12:08 Posting standards. 74:27:12:08. Posting standards. Each facility shall have a sign posted at the entrance stating the name of the facility, the name and phone number of the person responsible for the site, days and hours of operation, unloading directions, fees, …

Rule 74:27:12:09 Public access control. 74:27:12:09. Public access control. Public access to the site must be controlled through the use of fences, gates with locks, and similar controls. Source: 17 SDR 8, effective July 26, 1990. General Authority: SDCL 34A-6-1.6. Law Implemente…

Rule 74:27:12:10 Litter control devices. 74:27:12:10. Litter control devices. MSWLFs must have litter control devices at the face of the unloading area and around the perimeter of the site. The litter control devices must be of sufficient size to control blowing litter. Source: 1…

Rule 74:27:12:11 Fire control. 74:27:12:11. Fire control. MSWLFs must have a fire lane at least 25 feet wide around the active disposal area and within the perimeter fence. Other types of solid waste facilities must have fire lanes in conformance with local ordinances, if applica…