South Dakota Administrative Code

Rule 74:28:21:03 Use of term RCRA § 3008. 74:28:21:03. Use of term RCRA § 3008. The term RCRA § 3008 as used in the documents incorporated in this article means both RCRA § 3008 and SDCL chapter 34A-11. Source: 24 SDR 11, effective August 5, 1997. General Authority: SDCL 34A-11-9…

74:28:22:01. Identification and listing of hazardous wastes. Solid waste subject to regulation as hazardous waste is identified and listed in 40 C.F.R. §§ 261.1 to 261.1089, inclusive, except 40 C.F.R. § 261.4(b)(17); and 40 C.F.R. Part 261, Appendices I, VII, VIII, and IX; all a…

Rule 74:28:22:02 Repealed. 74:28:22:02. Exclusion for petroleum-contaminated media and debris.Repealed. Source: 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; repealed, 29 SDR 21, effective August 28, 2002.

74:28:23:01. Standards for generators. The standards for a generator of hazardous waste are the standards set forth in 40 C.F.R. §§ 262.1 to 262.84, inclusive, except 40 C.F.R. § 262.10(k); and §§ 262.200 to 262.265, inclusive, as incorporated by § 74:28:21:01.01. Source: 10 SDR …

Rule 74:28:23:02 Repealed. 74:28:23:02. Accumulation time.Repealed. Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; repealed, 13 SDR 117, effective March 1, 1987.

Rule 74:28:23:03 Repealed. 74:28:23:03. Extending the accumulation time.Repealed. Source: 10 SDR 106, effective April 8, 1984; repealed, 13 SDR 117, effective March 1, 1987.

Rule 74:28:23:04 Repealed. 74:28:23:04. Manifest requirements.Repealed. Source: 11 SDR 44, effective September 30, 1984; repealed, 12 SDR 79, effective November 11, 1985.

74:28:24:01. Standards for transporters. The standards for transporters of hazardous waste are the standards set forth in 40 C.F.R. §§ 263.10 to 263.31, inclusive, as incorporated by § 74:28:21:01.01. Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, …

74:28:25:01. Standards for hazardous waste treatment, storage, and disposal facilities. The standards for hazardous waste treatment, storage, and disposal facilities are the standards set forth in 40 C.F.R. §§ 264.1 to 264.1316, inclusive, except for 40 C.F.R. §§ 264.1(f), 264.1(…

Rule 74:28:25:02 Underground placement of waste prohibited. 74:28:25:02. Underground placement of waste prohibited. The placement of any bulk or noncontainerized liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave is prohibited. Source…

74:28:25:03. Assessment of existing tank system's integrity. For each existing tank system that does not have secondary containment meeting the requirements of 40 C.F.R. § 264.193, as incorporated by § 74:28:21:01.01, the owner or operator must determine that the tank system is n…

74:28:25:04. Containment and detection of releases from tanks. To prevent the release of hazardous waste or any hazardous constituent to the environment, secondary containment that meets the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 264.193(…

74:28:25:05. Definition of new and existing drip pads for certain wood preserving wastes. The requirements of 40 C.F.R. Part 264, Subpart W, as incorporated by § 74:28:21:01.01, apply to owners and operators of facilities that use new or existing drip pads to convey treated wood …

74:28:26:01. Requirements to permit a treatment, storage, or disposal facility. The requirements to permit a treatment, storage, or disposal facility are set forth in 40 C.F.R. §§ 270.1 to 270.320, inclusive, except §§ 270.1(c)(2)(ix) and 270.14(b)(18); and Appendix I to § 270.42…

74:28:27:01. Requirements for the management of specific hazardous wastes. The requirements for the management of specific hazardous wastes and specific types of hazardous waste management facilities are set forth in 40 C.F.R. §§ 266.20 to 266.510, inclusive; 40 C.F.R. 266, Appen…

74:28:28:01. Interim status standards for treatment, storage, and disposal facilities. The interim status standards for hazardous waste treatment, storage, and disposal facilities are set forth in 40 C.F.R. § 144.1(h); 40 C.F.R. §§ 265.1 to 265.1316, inclusive, except 40 C.F.R. §…

Rule 74:28:28:02 Underground placement of waste prohibited. 74:28:28:02. Underground placement of waste prohibited. The placement of any hazardous waste in an interim status facility that is also a salt dome, salt bed formation, underground mine or cave is prohibited. Source: 19 …

74:28:28:03. Assessment of existing tank system's integrity. For each tank system that does not have secondary containment meeting the requirements of 40 C.F.R. § 265.193, as incorporated by § 74:28:21:01.01, the owner or operator must determine that the tank system is not leakin…

74:28:28:04. Containment and detection of releases from tanks. To prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 265.193(f) …

74:28:28:05. Definition of new and existing drip pads for certain wood preserving wastes. The requirements of 40 C.F.R. Part 265, Subpart W, as incorporated by § 74:28:21:01.01, apply to owners and operators of facilities that use new or existing drip pads to convey treated wood …

Rule 74:28:29:01 Interim status for existing surface impoundments. 74:28:29:01 Interim status for existing surface impoundments. Surface impoundments in existence on November 8, 1984, or which become subject to the requirements in § 3005(j)(6)(A) or (B) of the Resource Conservati…

74:28:30:01. Land disposal restrictions. The requirements for hazardous wastes that are restricted from land disposal are the standards set forth in 40 C.F.R. §§ 268.1 to 268.4, inclusive; 40 C.F.R. §§ 268.7 to 268.50, inclusive, except 40 C.F.R. §§ 268.13, 268.42(b) and 268.44; …

74:28:33:01. Management of universal hazardous waste. The standards for the management of universal hazardous waste are the standards set forth in 40 C.F.R. §§ 273.1 to 273.81, inclusive, as incorporated by § 74:28:21:01.01. Source: 23 SDR 64, effective November 5, 1996; 24 SDR 1…

Rule 74:28:34:01 Exposure information from landfills and surface impoundments. 74:28:34:01. Exposure information from landfills and surface impoundments. The application for a hazardous waste landfill or a surface impoundment must be accompanied by information on the potential fo…

Rule 74:29:01:01 Definitions. 74:29:01:01. Definitions. Terms defined in SDCL 45-6B-3 have the same meaning when used in this article. In addition, terms used in this article are defined as follows: (1) "Abandoned well," a well whose use has been permanently discontinued or which…

74:29:01:02. Computation of time. In computing any time period prescribed by this article, the day of the act from which the designated period of time begins to run may not be included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday, in w…

Rule 74:29:01:03 Presubmission meetings. 74:29:01:03. Presubmission meetings. Applicants may schedule meetings with the department and other review agencies to discuss general and technical application requirements in advance of permit application preparation. Source: 14 SDR 111,…

Rule 74:29:01:04 Submission of mining permit application. 74:29:01:04. Submission of mining permit application. The following procedures apply to the submission of a permit application: (1) The applicant shall transmit to the department proof of submission of a copy of the applic…

Rule 74:29:01:05 Interested persons mailing list. 74:29:01:05. Interested persons mailing list. Within 10 days after the submission of a permit application, the department shall notify individuals on the interested persons mailing list and the appropriate county commission of the…

Rule 74:29:01:06 Request for copy of mining operation permit application. 74:29:01:06. Request for copy of mining operation permit application. A person may request a copy of a permit application before or after the determination of its completeness by contacting the department. …

74:29:01:07. Determination of procedural completeness. The department shall determine the procedural completeness of a permit application as follows: (1) Within thirty days after submission of an application, the department shall notify the applicant in writing whether the applic…

Rule 74:29:01:08 Notice of filing. 74:29:01:08. Notice of filing. When the permit application is procedurally complete and is considered filed, the department shall provide the applicant with the notice of filing prescribed in SDCL 45-6B-16. Before the notice of filing is publish…

Rule 74:29:01:09 Intervention in application proceeding. 74:29:01:09. Intervention in application proceeding. A person may request permission to intervene in the permit application proceeding by filing a petition pursuant to the provisions of § 74:09:01:01 within 20 days for larg…

Rule 74:29:01:10 Summary document. 74:29:01:10. Summary document. For large-scale mining operation permit applications, the department, in consultation with the applicant, shall prepare a summary document describing the major elements of the proposed mining operation and identify…

Rule 74:29:01:11 Information added after filing. 74:29:01:11. Information added after filing. Additional information submitted to the department by the applicant to supplement, correct, amend, or clarify an application following filing must also be filed with the register of deed…

Rule 74:29:01:12 Notice to agencies of filing. 74:29:01:12. Notice to agencies of filing. Within 10 days after the filing of a large-scale permit application or 5 days after the filing of a small-scale permit application, the department shall send copies of the application to the…

Rule 74:29:01:13 Hearing date. 74:29:01:13. Hearing date. The department shall schedule a hearing date pursuant to SDCL 45-6B-30 or 45-6B-59 within 10 days after the filing of a permit application. Source: 14 SDR 111, effective March 3, 1988. General Authority: SDCL 45-6B-81. Law…

Rule 74:29:01:14 Notice of hearing. 74:29:01:14. Notice of hearing. In addition to the notice of hearing requirements of SDCL 45-6B-30 and 45-6B-59, the department shall mail copies of the notice of hearing to the county commission of a county containing affected land and individ…

Rule 74:29:01:15 Department recommendation. 74:29:01:15. Department recommendation. The department shall make a recommendation on a permit application 30 days before the hearing date for large-scale operations or 15 days before the hearing date for small-scale operations. The rec…

Rule 74:29:01:16 Permit changes by applicant prohibited immediately prior to hearing. 74:29:01:16. Permit changes by applicant prohibited immediately prior to hearing. During the 20-day period immediately preceding a hearing, the applicant may not change or amend a permit applica…

Rule 74:29:01:17 Permit area boundaries. 74:29:01:17. Permit area boundaries. In determining the permit area boundary, the board shall consider the following: (1) The county conditional use permit area boundary; (2) The legal right of the applicant to conduct a mining operation w…

Rule 74:29:01:18 Recommendation uncontested -- Notice of decision -- Recommendation contested. 74:29:01:18. Recommendation uncontested -- Notice of decision -- Recommendation contested. The department shall submit its recommendation to the board in accordance with § 74:29:01:15. …

Rule 74:29:01:19 Report required following issuance of uncontested permit. 74:29:01:19. Report required following issuance of uncontested permit. In accordance with SDCL 1-40-29, following the issuance of any uncontested permit under this chapter, the secretary shall give the boa…

Rule 74:29:02:01 Procedural completeness requirements. 74:29:02:01. Procedural completeness requirements. For a large-scale mining operation, a procedurally complete permit application must contain all information necessary to address SDCL 45-6B-4 to 45-6B-10, inclusive; 45-6B-14…

Rule 74:29:02:02 Local zoning requirements. 74:29:02:02. Local zoning requirements. For SDCL 45-6B-4, a permit application is not considered procedurally complete until all county or city zoning ordinances and requirements have been met or until the applicant provides proof that …

Rule 74:29:02:03 Surface and mineral owners. 74:29:02:03. Surface and mineral owners. For SDCL 45-6B-6(2) and (3), the name of the surface owner of the affected land, the owner of the mineral to be mined, and a map clearly depicting all surface and mineral owners of the affected …

Rule 74:29:02:04 Mining and milling methods. 74:29:02:04. Mining and milling methods. For SDCL 45-6B-6(8), a permit application is considered procedurally complete if the following items are included: (1) A narrative description of the mining and milling techniques to be employed…

Rule 74:29:02:05 Timetable. 74:29:02:05. Timetable. For SDCL 45-6B-6(10), a permit application is considered procedurally complete if the timetable includes a narrative description of existing plans for future exploration and mining in the area of the proposed operation. Source: …

Rule 74:29:02:06 Historic or archaeologic significance. 74:29:02:06. Historic or archaeologic significance. For SDCL 45-6B-7(5), in evaluating the permit area for characteristics of historic or archaeologic significance of the affected land, the operator shall consult the state a…

Rule 74:29:02:07 Water quality and water level data. 74:29:02:07. Water quality and water level data. For SDCL 45-6B-7(9), baseline water quality and water level data must be submitted with the application. The data must represent at least a one-year period during which data is c…