South Dakota Administrative Code

74:29:12:15. Recovery of reclamation and postclosure costs. In the event the amount of financial assurance forfeited is insufficient to pay for the full cost of reclamation or postclosure care and maintenance, the operator is liable for the remaining costs. The board may recover …

74:29:12:16. Water treatment equipment cost and availability -- First-priority lien on equipment. Costs of acquiring and installing any water treatment equipment that may be removed by creditors prior to or during bankruptcy proceedings must be included in the reclamation and pos…

74:29:12:17. Review of calculated financial assurance amounts. The board may adjust financial assurance amounts at any time if the amounts inadequately cover current reclamation costs because of inflation or discount rate projections, unanticipated conditions, increases or decrea…

Rule 74:31:01:01 Definitions. 74:31:01:01. Definitions. Terms used in this article mean: (1) "Abatement project designer," a person who develops the plans for an asbestos abatement project; (2) "Asbestos," the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidol…

Rule 74:31:01:01.01 Facility defined. 74:31:01:01.01. Facility defined. A facility is any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual d…

Rule 74:31:01:01.02 Friable asbestos-containing material (ACM) defined -- Verification of small quantity. 74:31:01:01.02. Friable asbestos-containing material (ACM) defined -- Verification of small quantity. Friable asbestos-containing material is any material containing more tha…

Rule 74:31:01:01.03 Friable asbestos-containing building material (ACBM) defined. 74:31:01:01.03. Friable asbestos-containing building material (ACBM) defined. Friable asbestos-containing building material is any friable asbestos-containing material that is in or on interior stru…

Rule 74:31:01:01.04 Inspection defined. 74:31:01:01.04. Inspection defined. An inspection is an activity undertaken in a school building or in a public or commercial building to determine the presence or location of or to assess the condition of friable or nonfriable asbestos-con…

Rule 74:31:01:01.05 Major and minor fiber release episode defined. 74:31:01:01.05. Major and minor fiber release episode defined. A major fiber release episode is any uncontrolled or unintentional disturbance of ACBM resulting in a visible emission which involves the falling or d…

Rule 74:31:01:01.06 Response action defined. 74:31:01:01.06. Response action defined A response action is a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable ACBM. Source: 21 SDR…

Rule 74:31:01:01.07 Small-scale, short-duration activities defined. 74:31:01:01.07. Small-scale, short-duration activities defined. Small-scale, short-duration activities (SSSD) are tasks such as removal of asbestos-containing pipe insulation; removal of asbestos-containing insul…

Rule 74:31:01:02 Demolition, transportation, and disposal of asbestos waste. 74:31:01:02. Demolition, transportation, and disposal of asbestos waste. An asbestos contractor carrying out an asbestos project must comply with the standards for safe demotion, renovation, transportati…

Rule 74:31:01:03 Certificate availability. 74:31:01:03. Certificate availability. Certified persons must have copies of their current certificates issued by the department at the location where they are conducting work. Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effec…

Rule 74:31:01:04 Reciprocity. 74:31:01:04. Reciprocity. Training provided in another state will satisfy South Dakota's training requirements if the course is fully approved by EPA under AHERA. Individuals wishing to be certified and training providers wishing to receive approval …

Rule 74:31:01:05 Supervision requirements for asbestos abatement projects. 74:31:01:05. Supervision requirements for asbestos abatement projects. At least one certified contractor or supervisor is required to be present at the worksite of an asbestos abatement project at all time…

Rule 74:31:02:01 Levels of responsibility. 74:31:02:01. Levels of responsibility. The levels of responsibility or disciplines of persons who work with asbestos abatement projects are as follows: (1) Inspector; (2) Management planner; (3) Abatement project designer; (4) Asbestos a…

Rule 74:31:02:02 Certification requirements. 74:31:02:02. Certification requirements. The following are specific certification requirements for each discipline: (1) Inspectors must complete a three-day training course as outlined in chapter 74:31:03; (2) Management planners must …

Rule 74:31:02:03 Certification exemptions. 74:31:02:03. Certification exemptions. In addition to persons exempted under SDCL 34-44-33, persons working on small-scale, short-duration activities are exempt from the certification and training requirements of this article. Source: 14…

Rule 74:31:02:04 Application procedures for certification -- Inspectors, management planners, and abatement project designers. 74:31:02:04. Application procedures for certification -- Inspectors, management planners, and abatement project designers. To apply for certification as …

Rule 74:31:02:05 Application procedures for certification -- Asbestos abatement contractors and supervisors. 74:31:02:05. Application procedures for certification -- Asbestos abatement contractors and supervisors. To apply for certification as an asbestos abatement contractor or …

Rule 74:31:02:06 Application procedures for certification -- Asbestos abatement workers. 74:31:02:06. Application procedures for certification -- Asbestos abatement workers. To apply for certification as an asbestos abatement worker, the following information must be submitted to…

Rule 74:31:02:07 Length of certification. 74:31:02:07. Length of certification. Certification expires one year and one day after a person successfully completes the examination. A person who successfully completes a refresher course within 90 days prior to or 90 days after the ce…

Rule 74:31:02:08 Certification renewal. 74:31:02:08. Certification renewal. For recertification, an applicant must submit the information outlined in § 74:31:02:04, 74:31:02:05, or 74:31:02:06, as applicable, as well as a copy of the most recent certificate issued to the applican…

Rule 74:31:02:09 Certification fees. 74:31:02:09. Certification fees. The fee for each new application for certification is $100. The fee for each application for certification renewal is $50. Supervisors and employees of the state, counties, municipalities, and other political s…

Rule 74:31:03:01 Inspector training course requirements. 74:31:03:01. Inspector training course requirements. The inspector training course must be at least three days long and must include lectures, demonstrations, four hours of hands-on training, individual respirator fit testi…

Rule 74:31:03:02 Management planner training course requirements. 74:31:03:02. Management planner training course requirements. The management planner training course must be at least two days long and must include lectures, demonstrations, course review, and a written examinatio…

Rule 74:31:03:03 Abatement project designer training course requirements. 74:31:03:03. Abatement project designer training course requirements. The abatement project designer training course must be at least three days long and must include lectures, demonstrations, a field trip,…

Rule 74:31:03:04 Asbestos abatement contractor and supervisor training course requirements. 74:31:03:04. Asbestos abatement contractor and supervisor training course requirements. The asbestos abatement contractor and supervisor training course must be at least five days long and…

Rule 74:31:03:05 Asbestos abatement worker training course requirements. 74:31:03:05. Asbestos abatement worker training course requirements. The asbestos abatement worker training course must be at least four days long and must include lectures, demonstrations, at least fourteen…

74:31:04:01. Recertification requirements. To be recertified a person must attend an annual refresher training course in the discipline of the person's certificate, as follows: (1) Inspectors: a half-day refresher course; (2) Management planners: the half-day refresher course for…

74:31:04:02. Annual refresher training course requirements. Refresher courses must be specific to each discipline. Refresher courses must be conducted as separate and distinct courses and may not be combined with any other training during the period of the refresher course. The a…

Rule 74:31:05:01 Examination specifications. 74:31:05:01. Examination specifications. All examinations administered under this article must be closed book and must cover the topics in the training course for that discipline. Source: 14 SDR 164, effective June 5, 1988. General Aut…

Rule 74:31:05:02 Examination requirements. 74:31:05:02. Examination requirements. Persons seeking certification in a specific discipline must pass the examination for that discipline at the end of the training course. Persons seeking recertification must pass an examination every…

Rule 74:31:05:03 Diplomas. 74:31:05:03. Diplomas. The instructor shall issue a numbered diploma to each student who completes a training course and successfully passes the examination. The following information must be included on the diploma: (1) The name of the student; (2) The…

Rule 74:31:06:01 Application procedures for training course approval. 74:31:06:01. Application procedures for training course approval. To apply for asbestos training course approval in any of the disciplines, the following information must be submitted to the department: (1) The…

Rule 74:31:06:01.01 Department approval of training courses. 74:31:06:01.01. Department approval of training courses. Department approval of training courses must be in writing and sent to the course sponsor identified in § 74:31:06:01(1). In order to continue to conduct training…

Rule 74:31:06:02 Application procedures for refresher training course approval. 74:31:06:02. Application procedures for refresher training course approval. To apply for approval of refresher training courses in any of the disciplines, the following information must be submitted t…

Rule 74:31:06:02.01 Department approval of referesher training courses. 74:31:06:02.01. Department approval of refresher training courses. Department approval of refresher training courses must be in writing and sent to the course sponsor identified in § 74:31:06:01(1). In order …

Rule 74:31:06:03 Suspension or revocation of course approval. 74:31:06:03. Suspension or revocation of course approval. The department may suspend or revoke approval of a training course or refresher training course if a filed site inspection indicates the course is not providing…

Rule 74:31:06:04 Renewal of course approval. 74:31:06:04. Renewal of course approval. Training course and refresher training course approval must be renewed each year and will be granted only if the applicant meets the requirements of this article and has conducted at least one t…

Rule 74:31:06:05 Recordkeeping requirements for training providers. 74:31:06:05. Recordkeeping requirements for training providers. Approved training providers of accredited asbestos training courses must meet the following recordkeeping requirements: (1) Retain copies of all ins…

Rule 74:31:06:06 Notification of training course requirements. 74:31:06:06. Notification of training course requirement. Training course sponsors shall provide the department written notification at least ten days before all training courses conducted in this state. Written notif…

Rule 74:32:01:01 Definitions. 74:32:01:01. Definitions. Terms defined in SDCL 34A-13-1 have the same meaning when used in this article except as otherwise indicated. In addition, terms used in this article mean: (1) "Board," the Petroleum Release Compensation Board or its authori…

Rule 74:32:01:02 Review of claims -- Determination of cash balance in fund. 74:32:01:02. Review of claims -- Determination of cash balance in fund. The director shall determine by Thursday of each week all claims for reimbursement that are payable from the fund that week. A claim…

Rule 74:32:01:03 Prorating of claims. 74:32:01:03. Prorating of claims. If the director determines there are not sufficient moneys to fully pay all claims payable and to maintain a cash balance of at least $100,000 for any week, the director shall prorate all claims determined to…

Rule 74:32:02:01 Fee collection. 74:32:02:01. Fee collection. The petroleum release compensation and tank inspection fee imposed by SDCL 34A-13-20 shall be collected with the fuel excise tax pursuant to SDCL 10-47B-5 to 10-47B-10, inclusive, and SDCL 10-47B-13. The fee is delinqu…

Rule 74:32:02:02 Fee assessment calculation -- Form. 74:32:02:02. Fee assessment calculation -- Form. The Department of Revenue and Regulation shall assess and collect the fee at the rate of two cents a gallon. The fee must be calculated on a form provided by the Department of Re…

Rule 74:32:02:03 Repealed. 74:32:02:03. Notice to collect or cease collection of fee.Repealed. Source: 15 SDR 72, effective November 17, 1988; 17 SDR 94, effective January 6, 1991; repealed, 23 SDR 220, effective June 25, 1997.

Rule 74:32:02:04 Accounting of payments. 74:32:02:04. Accounting of payments. The Department of Revenue and Regulation shall provide the director with a monthly accounting of fee payments made and a list of delinquent payments. Source: 15 SDR 72, effective November 17, 1988; 17 S…

Rule 74:32:03:01 Application for reimbursement. 74:32:03:01. Application for reimbursement. Upon receiving notice of a spill or release, the director shall send application forms to the covered party. The application forms must be signed by the covered party or an agent of the co…