South Dakota Administrative Code

Rule 74:27:12:12 Buffer zone. 74:27:12:12. Buffer zone. MSWLFs must have a buffer zone of at least 100 feet, including the fire lane, within the perimeter fence. Other solid waste facilities must have buffer zones in conformance with local ordinances, if applicable. Source: 17 SD…

Rule 74:27:12:13 Truck-washing facilities. 74:27:12:13. Truck-washing facilities. Truck-washing facilities, if provided, must be hard-surfaced. Wash water is considered leachate and must be disposed of in accordance with § 74:27:13:24. Source: 17 SDR 8, effective July 26, 1990; 1…

Rule 74:27:12:14 Waste storage areas. 74:27:12:14. Waste storage areas. Waste storage areas, if provided, must be designed to store the maximum amount of waste in storage at any one time, be limited to authorized personnel, protect wastes from the elements, and be ventilated to t…

Rule 74:27:12:15 Personnel facilities. 74:27:12:15. Personnel facilities. Type I and II MSWLFs must include employee facilities that provide shelter, sanitary facilities, potable drinking water, safety equipment, and emergency communication equipment. Source: 17 SDR 8, effective …

Rule 74:27:12:16 Surface water control. 74:27:12:16. Surface water control. Surface water drainage and control systems shall divert normal surface water flow and storm water runoff around or away from areas where waste is present and from other operational areas. Surface water dr…

Rule 74:27:12:17 Liner systems. 74:27:12:17. Liner systems. An applicant shall incorporate a composite liner system into the design of the MSWLFs unless the facility meets the small-town exemption criteria specified in § 74:27:12:25. The secretary may require liner systems for ot…

Rule 74:27:12:18 Leachate collection and removal systems. 74:27:12:18. Leachate collection and removal systems. MSWLFs shall incorporate a leachate collection and removal system into the design of the facility unless exempted from these requirements by the small-town exemption pr…

Rule 74:27:12:19 Groundwater monitoring systems. 74:27:12:19. Groundwater monitoring systems. An applicant must incorporate a groundwater monitoring system into the design of the MSWLF. The secretary may require groundwater monitoring systems for other facilities. Groundwater mon…

Rule 74:27:12:20 Methane gas systems. 74:27:12:20. Methane gas systems. The secretary may require an applicant to incorporate a methane gas control system into the design of the facility. Methane gas must be controlled as necessary to avoid posing a hazard to occupants of adjacen…

Rule 74:27:12:21 Final cover. 74:27:12:21. Final cover. A minimum of 18 inches of compacted soil material and 6 inches of topsoil must be placed over MSWLF units that have reached design capacity. The compacted soil layer for existing MSWLFs or for MSWLFs meeting the small-town e…

Rule 74:27:12:22 Construction quality assurance plan. 74:27:12:22. Construction quality assurance plan. The applicant shall develop a construction quality assurance plan that addresses all aspects of facility construction. The plan shall include the following: (1) A description o…

Rule 74:27:12:23 Construction notification. 74:27:12:23. Construction notification. The applicant shall notify the secretary at least 30 days before the expected initiation of construction. In addition, the operator shall maintain "as built" drawings of the facility. Source: 17 S…

Rule 74:27:12:24 Variances. 74:27:12:24. Variances. The board or secretary may grant variances to the provisions of §§ 74:27:12:08, 74:27:12:11, 74:27:12:12, 74:27:12:14, 74:27:12:15, 74:27:12:17, 74:27:12:18, 74:27:12:19, 74:27:12:20, 74:27:12:21, and 74:27:12:23 case by case. A…

Rule 74:27:12:25 Small-town exemption criteria. 74:27:12:25. Small-town exemption criteria. A MSWLF must supply written documentation to the secretary that it meets the following criteria in order to qualify for a small-town exemption: (1) It disposes of less than 20 tons of soli…

Rule 74:27:13:01 Applicability. 74:27:13:01. Applicability. This chapter is applicable to all MSWLFs. Rubble sites, construction debris sites, and restricted-use sites must comply with the applicable provisions of §§ 74:27:13:04 to 74:27:13:06, inclusive; 74:27:13:11 to 74:27:13:…

Rule 74:27:13:02 Supervisory personnel on duty. 74:27:13:02. Supervisory personnel on duty. Supervisory personnel must be on-site during all hours of operation. Source: 17 SDR 8, effective July 26, 1990. General Authority: SDCL 34A-6-1.6. Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:13:03 Determining the tonnage of solid waste delivered to the facility. 74:27:13:03. Determining the tonnage of solid waste delivered to the facility. A facility receiving 25,000 tons or more of solid waste a year must be equipped with a scale device approved by the de…

Rule 74:27:13:04 Unloading of wastes. 74:27:13:04. Unloading of wastes. A facility shall confine the unloading of wastes to as small an area as practical and shall control the wastes to ensure proper operation. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June…

Rule 74:27:13:05 Salvaging. 74:27:13:05. Salvaging. A facility shall salvage recyclables or reusable materials in a planned manner that does not interfere with normal operating procedures. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993. General Aut…

Rule 74:27:13:06 Litter control. 74:27:13:06. Litter control. A facility shall control the scattering of paper and other refuse through the use of litter fences and periodic cleanup. Type I and IIA facilities shall provide daily litter cleanup. Type IIB, III, and IV facilities sh…

Rule 74:27:13:07 Working face. 74:27:13:07. Working face. A facility shall limit the working face of the active fill area to as small an area as practical and shall conduct its operations to confine windblown solid waste. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, eff…

Rule 74:27:13:08 Spreading and compaction. 74:27:13:08. Spreading and compaction. Before placing cover, a facility shall spread and compact all solid waste evenly in layers not exceeding two feet in thickness. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June …

Rule 74:27:13:09 Daily cover. 74:27:13:09. Daily cover. A facility shall stockpile and protect for use during inclement weather sufficient cover material to ensure its availability for daily cover. A facility shall place a minimum of six inches of compacted cover material on all …

Rule 74:27:13:10 Completed landfill units. 74:27:13:10. Completed landfill units. Completed landfill units must be closed in accordance with the approved closure plan of § 74:27:15:04. Closure shall begin within 30 days after reaching the maximum fill elevation and must be comple…

Rule 74:27:13:11 Open burning restrictions. 74:27:13:11. Open burning restrictions. Open burning of municipal solid waste is prohibited except as provided by § 74:36:15:03. Monthly open burning of agricultural wastes, silvicultural wastes, diseased trees, land clearing debris, un…

Rule 74:27:13:12 Equipment. 74:27:13:12. Equipment. A facility shall have the equipment necessary for dust control, excavation, compaction, and application of daily cover. Backup equipment must be available in case of breakdowns. Source: 17 SDR 8, effective July 26, 1990; 19 SDR …

Rule 74:27:13:13 Vector control. 74:27:13:13. Vector control. A facility shall prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and for preventing degradation of the environment. Source: 17 SDR 8, effective …

Rule 74:27:13:14 Scavenging. 74:27:13:14. Scavenging. Scavenging is prohibited at all facilities. Source: 17 SDR 8, effective July 26, 1990. General Authority: SDCL 34A-6-1.6. Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:13:15 Fire protection plan. 74:27:13:15. Fire protection plan. All facilities shall have a plan for fire control which includes protection agreements with local fire departments or the availability of adequate on-site fire fighting equipment. Source: 17 SDR 8, effectiv…

Rule 74:27:13:16 Monitoring. 74:27:13:16. Monitoring. All environmental and facility performance monitoring systems incorporated into the facility design must be operated and maintained throughout the active life and postclosure period of the facility. Source: 17 SDR 8, effective…

Rule 74:27:13:17 Special wastes. 74:27:13:17. Special wastes. The special wastes listed in this section must be handled as follows: (1) Hazardous waste. The operator may accept conditionally exempt small-quantity-generator hazardous waste for disposal at a MSWLF if procedures for…

Rule 74:27:13:17.01 Waste tires. 74:27:13:17.01. Waste tires. Waste tires may not be disposed of in a MSWLF unless the tire is shredded or quartered, prior to disposal. The dedicated storage and disposal area must be separate from the garbage disposal area. Waste tire storage and…

Rule 74:27:13:18 Testing for hazardous waste. 74:27:13:18. Testing for hazardous waste. A person who generates a commercial or industrial solid waste must determine if that waste is a hazardous waste by the method specified in § 74:28:22:01. Source: 17 SDR 8, effective July 26, 1…

Rule 74:27:13:19 Screening waste received. 74:27:13:19. Screening waste received. The owner or operator shall implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes, regulated polychlorinated biphenyls (PCBs) or PCB articles as…

Rule 74:27:13:20 Contingency plan. 74:27:13:20. Contingency plan. The operator shall develop and update as necessary a contingency plan outlining procedures to be used during emergencies. The plan must, at a minimum, include: (1) Identification of emergency situations that could …

Rule 74:27:13:21 Training of personnel. 74:27:13:21. Training of personnel. Personnel training shall include information pertaining to standard operating procedures, including waste screening methods, facility monitoring plans, open burning procedures, contingency plan procedures…

Rule 74:27:13:22 Recordkeeping. 74:27:13:22. Recordkeeping. The owner or operator shall maintain records as follows: (1) Sources, types, and amounts of solid waste received both monthly and annually, including special wastes; (2) Recycling or source separation efforts; (3) Monito…

Rule 74:27:13:23 Excavation of closed landfill units. 74:27:13:23. Excavation of closed landfill units. A person may not excavate, disrupt, or remove any deposited material from an active or discontinued facility unit without first notifying the secretary in writing and obtaining…

Rule 74:27:13:24 Leachate management. 74:27:13:24. Leachate management. The owner or operator shall analyze leachate constituents prior to disposal. The secretary shall designate the sampling parameters. Sampling methods and analytical techniques must conform to the requirements …

Rule 74:27:13:25 Storm water management. 74:27:13:25. Storm water management. The owner or operator shall analyze and discharge storm water according to the requirements of 40 C.F.R. Part 122, as published on 57 Fed. Reg. 11,394 to 11,413, inclusive (April 2, 1992). Source: 19 SD…

Rule 74:27:13:26 Methane gas monitoring. 74:27:13:26. Methane gas monitoring. The owner or operator shall measure methane gas concentrations quarterly in all buildings and at the property boundaries. Methane gas may not exceed 25 percent of the lower explosive limit (LEL) of the …

Rule 74:27:13:27 Variances. 74:27:13:27. Variances. The board or secretary may grant variances for provisions of §§ 74:27:13:02 to 74:27:13:26, inclusive, case by case. All demonstrations for variances for MSWLFs must meet the requirement of 40 C.F.R. Part 258, as published on 56…

Rule 74:27:14:01 Applicability. 74:27:14:01. Applicability. This chapter applies to all contract incineration facilities and other solid waste incineration facilities with an incineration capacity of 500 pounds an hour or more. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 18…

Rule 74:27:14:02 Design and construction. 74:27:14:02. Design and construction. Incineration facilities subject to this chapter must comply with the applicable design requirements of §§ 74:27:12:02 to 74:27:12:04, inclusive; 74:27:12:06; 74:27:12:08 to 74:27:12:14, inclusive; and…

Rule 74:27:14:03 Operation. 74:27:14:03. Operation. All incineration facilities subject to this chapter must comply with the operation requirements of §§ 74:27:13:02 to 74:27:13:06, inclusive; 74:27:13:12 to 74:27:13:22, inclusive; and the following: (1) Wastes to be incinerated …

Rule 74:27:14:04 Regulated medical waste. 74:27:14:04. Regulated medical waste. Incineration facilities accepting regulated medical waste must comply with §§ 74:27:14:02 and 74:27:14:03 and article 74:35. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1…

Rule 74:27:14:05 Repealed. 74:27:14:05. Closure and postclosure.Repealed. Source: 17 SDR 8, effective July 26, 1990; repealed, 19 SDR 186, effective June 10, 1993.

Rule 74:27:15:01 Applicability. 74:27:15:01. Applicability. This chapter applies to all MSWLFs. Rubble sites, construction demolition sites, and restricted-use sites must comply with the applicable provisions of subdivisions 74:27:15:03(2), (3)(b), and (4) to (7), inclusive, and …

Rule 74:27:15:02 Performance standard. 74:27:15:02. Performance standard. The owner or operator of a facility must close the facility and each landfill unit in conformance with § 74:27:15:03 to minimize the need for further maintenance and minimize the postclosure formation and r…

Rule 74:27:15:03 Closure requirements. 74:27:15:03. Closure requirements. Upon closing a landfill unit or other land disposal facility, the owner or operator shall commence closure activities within 30 days of the last receipt of wastes and shall complete closure activities withi…