South Dakota Administrative Code

Rule 74:27:15:04 Closure plan. 74:27:15:04. Closure plan. The owner or operator shall prepare a written closure plan that describes the steps necessary to close the facility at any point during its active life in accordance with the closure performance standard in § 74:27:15:02. …

Rule 74:27:15:05 Closure notification. 74:27:15:05. Closure notification. The owner or operator shall notify the secretary in writing at least 90 days before the estimated date of closure of the facility or any MSWLF unit. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, ef…

Rule 74:27:15:06 Closure certification. 74:27:15:06. Closure certification. Upon completion of closure of the facility or any MSWLF unit, the owner or operator shall provide the secretary a certification on a form provided by the secretary confirming that the provisions of the cl…

Rule 74:27:15:07 Notation on deed. 74:27:15:07. Notation on deed. Following closure of the facility, the owner or operator shall record a notation on the deed to the property or on some other instrument that is normally examined during a title search. The owner or operator may re…

Rule 74:27:15:08 Postclosure care. 74:27:15:08. Postclosure care. The owner or operator shall provide postclosure care for 30 years. Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993. General Authority: SDCL 34A-6-1.6. Law Implemented: SDCL 34A-6-1.6,…

Rule 74:27:15:08.01 Postclosure requirements. 74:27:15:08.01. Postclosure requirements. Postclosure care must conform to the postclosure plan required by § 74:27:15:09. Source: 19 SDR 186, effective June 10, 1993; 20 SDR 56, effective October 24, 1993. General Authority: SDCL 34A…

Rule 74:27:15:09 Postclosure plan. 74:27:15:09. Postclosure plan. The owner or operator shall prepare a written postclosure plan that describes the monitoring and routine maintenance activities that will be carried out during the postclosure care period. The postclosure plan, at …

Rule 74:27:15:10 Postclosure certification. 74:27:15:10. Postclosure certification. Upon completion of the activities required during the postclosure care period, the owner or operator of a solid waste facility shall submit to the secretary a certification by a registered profess…

Rule 74:27:15:11 Variances. 74:27:15:11. Variances. The board or secretary may grant variances to the provisions of this chapter case by case. Demonstrations for variances for MSWLFs must meet the requirements of 40 C.F.R. Part 258, as published on 56 Fed. Reg. 50,978 to 51,119, …

Rule 74:27:16:01 Applicability. 74:27:16:01. Applicability. The board or secretary shall require as a condition of all MSWLF permits, and may require as a condition of any other facility permit, a financial assurance instrument in the form and amount prescribed by this chapter or…

Rule 74:27:16:02 Written estimate for closure costs. 74:27:16:02. Written estimate for closure costs. The owner or operator of a facility or applicant for a permit for a proposed facility shall provide the secretary with a detailed written estimate, in current dollars, of the cos…

Rule 74:27:16:03 Written estimate for postclosure care costs. 74:27:16:03. Written estimate for postclosure care costs. The owner or operator of an existing facility or the applicant for a permit for a proposed facility shall provide the secretary with a detailed written estimate…

Rule 74:27:16:04 Written estimate for environmental remediation. 74:27:16:04. Written estimate for environmental remediation. The owner or operator of an existing facility or the applicant for a permit for a proposed facility may be required to provide the secretary with a detail…

Rule 74:27:16:04.01 Written estimate for corrective action. 74:27:16:04.01. Written estimate for corrective action. Upon discovery that a corrective action is required by § 74:27:21:01, the owner or operator shall provide the secretary with a detailed written estimate, in current…

Rule 74:27:16:05 Financial assurance mechanism. 74:27:16:05. Financial assurance mechanism. A financial assurance mechanism is required for closure activities, postclosure care activities, and any corrective action required by chapter 74:27:21. In addition, the owner or operator …

Rule 74:27:16:06 Access to financial assurance by the board or secretary. 74:27:16:06. Access to financial assurance by the board or secretary. Upon a written finding by the board or secretary that the owner or operator of a facility has failed to perform any of the obligations i…

Rule 74:27:17:01 Minimum requirements for collection, transportation, storage, and processing of wastes. 74:27:17:01. Minimum requirements for collection, transportation, storage, and processing of wastes. A person may not collect, transport, store, or process solid waste in a ma…

Rule 74:27:17:02 Local governments responsible for waste management. 74:27:17:02. Local governments responsible for waste management. Standards and responsibilities for frequency of collection, specifications, and maintenance of transfer stations receiving less than 500 tons of s…

Rule 74:27:17:03 Intrastate transportation of solid waste. 74:27:17:03. Intrastate transportation of solid waste. Intrastate methods of transportation of solid waste shall prevent the release of solid waste enroute to the facility. Source: 17 SDR 8, effective July 26, 1990; 19 SD…

Rule 74:27:19:01 Applicability. 74:27:19:01. Applicability. This chapter applies to all MSWLFs. The secretary may require other facilities to comply with the applicable provisions of this chapter. Source: 19 SDR 186, effective June 10, 1993; 20 SDR 56, effective October 24, 1993.…

Rule 74:27:19:02 Phase-in period. 74:27:19:02. Phase-in period. New facilities must meet the applicable provisions of this chapter prior to the receipt of solid waste. Existing and lateral expansions of Type I and Type II MSWLFs must comply with the applicable provisions of this …

Rule 74:27:19:03 Detection monitoring systems. 74:27:19:03. Detection monitoring systems. Groundwater monitoring systems must be located and designed to determine the ambient ground water quality and to detect the migration of leachate constituents from a facility. The monitoring…

Rule 74:27:19:04 Detection monitoring parameters. 74:27:19:04. Detection monitoring parameters. The designated detection monitoring parameters shall ensure an accurate representation of groundwater quality at the upgradient and downgradient wells. At a minimum, groundwater parame…

Rule 74:27:19:05 Detection monitoring frequency. 74:27:19:05. Detection monitoring frequency. The owner or operator shall monitor parameters semiannually during the active life of the facility and throughout the postclosure period, with at least one sample being collected and ana…

Rule 74:27:19:06 Detection monitoring procedures. 74:27:19:06. Detection monitoring procedures. Monitoring is required at all monitoring wells installed in conformance with § 74:27:19:03. The owner or operator shall measure static groundwater elevation at each monitoring well to …

Rule 74:27:19:07 Variances. 74:27:19:07. Variances. The owner or operator may adjust the monitoring parameters required by § 74:27:19:04, the monitoring frequencies required by § 74:27:19:05, and the monitoring procedures required by § 74:27:19:06 on a site-specific basis with pr…

Rule 74:27:20:01 Applicability of requirements. 74:27:20:01. Applicability of requirements. This chapter applies to all facilities required to monitor groundwater pursuant to chapter 74:27:19 which have detected a statistically significant increase in concentration of one or more…

Rule 74:27:20:02 Sampling required. 74:27:20:02. Sampling required. The owner or operator shall initially sample all designated downgradient wells within 90 days after determination that an assessment monitoring program is required by § 74:27:20:01. At a minimum, the initial samp…

Rule 74:27:20:03 Establishment of ambient water quality. 74:27:20:03. Establishment of ambient water quality. For any parameter detected in the initial assessment sampling described in § 74:27:20:02, the owner or operator shall collect and analyze samples from each designated mon…

Rule 74:27:20:04 Additional monitoring wells required. 74:27:20:04. Additional monitoring wells required. Upon determination that assessment monitoring is required by § 74:27:20:01, the secretary may require additional monitoring wells at the relevant point of compliance or at an…

Rule 74:27:20:05 Termination of assessment monitoring. 74:27:20:05. Termination of assessment monitoring. With the secretary's approval, the owner or operator may terminate assessment monitoring and return to detection monitoring specified in chapter 74:27:19 if the concentration…

Rule 74:27:20:06 Groundwater protection -- Notification. 74:27:20:06. Groundwater protection -- Notification. The owner or operator shall notify the secretary in writing within 14 days calendar days if any groundwater protection standard specified in § 74:54:01:04 is exceeded. So…

Rule 74:27:20:07 Establishment of groundwater protection standards. 74:27:20:07. Establishment of groundwater protection standards. The groundwater protection standards for all parameters specified in 40 C.F.R. Part 258, Appendix II, as published on 56 Fed. Reg. 51,033 to 51,039,…

Rule 74:27:20:08 Third-party assessment. 74:27:20:08. Third-party assessments. The secretary may require all sampling activities required by chapter 74:27:20 to be conducted by an independent third-party groundwater scientist or engineer licensed to conduct business in South Dako…

Rule 74:27:20:09 Variances. 74:27:20:09. Variances. The board of secretary may grant variances on site-specific basis to the provisions of this chapter only as listed in this section. Demonstrations for variances must meet the requirements of 40 C.F.R. Part 258, as published on 5…

Rule 74:27:21:01 Applicability. 74:27:21:01. Applicability. This chapter applies to all facilities required to perform assessment monitoring pursuant to chapter 74:27:20 if any parameter monitored pursuant to § 74:27:20:02 exhibits a statistically significant increase above the g…

Rule 74:27:21:02 Monitoring requirements. 74:27:21:02. Monitoring requirements. The owner or operator shall sample designated monitoring wells for parameters required by § 74:27:20:02. The secretary may require all sampling required by chapter 74:27:20 to be conducted by an indep…

Rule 74:27:21:03 Assessment of corrective action. 74:27:21:03. Assessment of corrective action. Within 90 days after discovery that corrective action is required pursuant to § 74:27:21:01, the owner or operator shall initiate the following: (1) Finalize the characterization of th…

Rule 74:27:21:04 Selection of remedy. 74:27:21:04. Selection of remedy. Based on the completion of the assessment requirements of § 74:27:21:03, the owner or operator shall submit a report within 14 days to the secretary for approval. The report shall recommend a primary plan of …

Rule 74:27:21:05 Implementation. 74:27:21:05. Implementation. Upon approval by the secretary of the selection of corrective action, the owner or operator shall begin implementation of corrective action within 30 days. The secretary may approve an alternative schedule, if warrante…

Rule 74:27:21:06 Completion of corrective action. 74:27:21:06. Completion of corrective action. The owner or operator shall sample the designated monitoring wells to demonstrate compliance at the relevant point of compliance with the groundwater protection standards specified in …

Rule 74:27:21:07 Variances. 74:27:21:07. Variances. The board or secretary may grant variances to the provisions of this chapter case by case. All demonstrations for variances for MSWLFs must meet the applicable requirements of 40 C.F.R. Part 258, as published on 56 Fed. Reg. 50,…

Rule 74:27:22:01 Definitions. 74:27:22:01. Definitions. Words and phrases defined in SDCL chapter 34A-6 have the same meaning when used in this chapter. Terms used in this chapter mean: (1) "Passenger tire equivalent," the weight of waste tires or parts of waste tires equivalent …

Rule 74:27:22:02 Transportation of waste tires to a permitted or approved facility. 74:27:22:02. Transportation of waste tires to a permitted or approved facility. A waste tire hauler may only transport waste tires to an in-state solid waste facility permitted to accept waste tir…

Rule 74:27:22:03 Use of waste tires for structural or construction purposes. 74:27:22:03. Use of waste tires for structural or construction purposes. The use of loose, baled, or processed waste tires for structural or construction purposes is allowed without obtaining a solid was…

Rule 74:27:22:04 Approved uses and disposal of certain waste tires. 74:27:22:04. Approved uses and disposal of certain waste tires. The use of waste tires is allowed as long as it does not constitute a nuisance. However, any burial or partial burial of a waste tire bale, tire shr…

Rule 74:27:22:05 On-site storage of waste tires at a waste tire generator's facility. 74:27:22:05. On-site storage of waste tires at a waste tire generator's facility. The on-site storage of less than 700 waste passenger tires or 700 passenger tire equivalents or 10 tires whichev…

74:28:21:01. Definitions. Terms used in the federal rules when incorporated by reference in § 74:28:21:01.01 mean: (1) "Administrator," the secretary of the Department of Agriculture and Natural Resources or a designee, except at: (a) 40 C.F.R. § 260.10, the definitions of "admin…

74:28:21:01.01. Incorporation by reference. For purposes of this article and unless otherwise specified, 40 C.F.R. Parts 124; 144; 260 to 268, inclusive; 270; 273; and 279; all as in effect on July 1, 2022, and excluding any reserved section in these Parts, are adopted and incorp…

74:28:21:02. General standards for a hazardous waste management system. The definitions, except as specified in § 74:28:21:01, references, petitions, variances, and other procedures in 40 C.F.R. §§ 260.2(c) to 260.43, inclusive, as incorporated by § 74:28:21:01.01, constitute the…