South Dakota Administrative Code

Rule 74:32:03:02 Investigation of application. 74:32:03:02. Investigation of application. The director or an agent of the director shall investigate the spill or release information and verify the information on the completed application forms pursuant to this chapter and SDCL 34…

Rule 74:32:03:02.01 Cooperation required by covered party. 74:32:03:02.01. Cooperation required by covered party. Any covered party must cooperate with the director in the investigation or corrective action taken and must assist the director in the enforcement of any right agains…

Rule 74:32:03:03 Transferred. 74:32:03:03. Transferred to § 74:32:03:06.

Rule 74:32:03:04 Procedure for determining eligible expenses. 74:32:03:04. Procedure for determining eligible expenses. When determining the amount and type of expenses eligible for reimbursement from the fund, the director shall: (1) Review the potential eligible expenses for co…

Rule 74:32:03:05 Repealed. 74:32:03:05. Procedures for determining eligibility for waiving required payment amount.Repealed. Source: 17 SDR 94, effective January 6, 1991; 18 SDR 62, effective October 10, 1991; repealed, 23 SDR 220, effective June 25, 1997.

Rule 74:32:03:06 Eligible expenses. 74:32:03:06. Eligible expenses. Only expenses directly related to the cleanup are eligible for partial reimbursement. Lost income is not a reimbursable expense. The following expenses are reimbursable if the director determines them to qualify …

Rule 74:32:03:06.01 Exclusion from reimbursement for cleanup costs. 74:32:03:06.01. Exclusion from reimbursement for cleanup costs. In addition to the exclusions allowed in SDCL 34A-13, the reimbursement for cleanup costs authorized by this chapter does not apply to and may not b…

Rule 74:32:03:07 Review of contracts for professional environmental consulting services required. 74:32:03:07. Review of contracts for professional environmental consulting services required. Expenses for professional environmental consulting services are eligible for reimburseme…

Rule 74:32:03:08 Contracts for professional environmental consulting services authorized. 74:32:03:08. Contracts for professional environmental consulting services authorized. The director may contract for professional environmental consulting services to conduct release investig…

Rule 74:32:03:09 Contracts for professional environmental consulting services -- Contents. 74:32:03:09. Contracts for professional environmental consulting services -- Contents. Expenses incurred by a covered party or the director under a contract or contracts for professional en…

Rule 74:32:03:10 Assessment workplan required for reimbursement. 74:32:03:10. Assessment workplan required for reimbursement. A covered party, the agent of the covered party, or those providing professional environmental consulting services under contract with the director shall …

Rule 74:32:04:01 Procedure for investigation of claims. 74:32:04:01. Procedure for investigation of claims. After notification of a spill or release, the director or the agent of the director shall investigate the spill or release. The director or agent shall do the following: (1…

Rule 74:32:04:02 Repealed. 74:32:04:02. Qualifications of authorized claims representatives.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 74:32:05:01 Reporting of known releases. 74:32:05:01. Reporting of known releases. A responsible person shall immediately report a known release of petroleum products to the department if one of the following conditions exists: (1) The release may impact surface or ground wa…

Rule 74:32:05:02 Reporting of suspected releases. 74:32:05:02. Reporting of suspected releases. A responsible person shall report a suspected release to the department within 24 hours after the release is suspected. The report shall comply with the provisions of § 74:32:05:04. A …

Rule 74:32:05:03 Director to be notified of confirmed releases. 74:32:05:03. Director to be notified of confirmed releases. The department shall notify the director of all confirmed petroleum releases. Source: 15 SDR 72, effective November 17, 1988; 17 SDR 94, effective January 6…

Rule 74:32:05:04 Release report. 74:32:05:04. Release report. Release reports shall provide the following information: (1) The specific location of the release; (2) The type and amount of product released; (3) The responsible person's name, address, and telephone number; (4) An e…

Rule 74:32:05:05 Immediate response action. 74:32:05:05. Immediate response action. Upon the discovery of a release, a responsible person shall perform immediate action to prevent further release of product. Immediate action includes those steps necessary to stop and contain the …

Rule 74:32:05:06 Emergency response action. 74:32:05:06. Emergency response action. In situations where immediate danger is present to human health, safety, or the environment, the responsible person shall initiate emergency response action immediately. Direction for emergency re…

Rule 74:32:05:07 Determination of response procedures to be followed -- Notice of violation or order. 74:32:05:07. Determination of response procedures to be followed -- Notice of violation or order. If the department issues a notice of violation or order under SDCL 34A-13-2 or i…

Rule 74:32:05:08 Response action time schedule. 74:32:05:08. Response action time schedule. The department, after consulting with the director and the responsible person, shall establish a time schedule for each release to accomplish response action to the release. Source: 15 SDR…

Rule 74:32:05:08.01 Assessment workplan required. 74:32:05:08.01. Assessment workplan required. A covered party or other responsible person or the agent of a covered party or other responsible person shall submit an assessment workplan to the director and the department for appro…

Rule 74:32:05:08.02 Assessment workplan -- Contents. 74:32:05:08.02. Assessment workplan -- Contents. An assessment workplan must contain the following provisions: (1) A brief summary of the nature of the work to be completed and the sequence of planned activities; (2) A proposed…

Rule 74:32:05:09 Release investigation. 74:32:05:09. Release investigation. A known or suspected release must be investigated by the responsible person to determine the extent and degree of contamination. The investigation must have the approval of the department prior to impleme…

Rule 74:32:05:10 Determination of petroleum contamination concentration levels. 74:32:05:10. Determination of petroleum contamination concentration levels. The responsible person shall have samples of the petroleum contamination submitted and analyzed at a laboratory capable of u…

Rule 74:32:05:11 Department approval of corrective action plan. 74:32:05:11. Department approval of corrective action plan. The responsible person shall submit a corrective action plan for approval by the department in accordance with the time schedule established by the departme…

Rule 74:32:05:11.01 Department review and approval of professional environmental consulting services. 74:32:05:11.01. Department review and approval of professional environmental consulting services. Environmental consulting services under contract with the director for the desig…

Rule 74:32:05:12 Removal and disposal of visible contamination. 74:32:05:12. Removal and disposal of visible contamination. All visibly contaminated soil must be removed from the excavation area, stored in accordance with chapter 74:56:05, and disposed of as directed by the depar…

Rule 74:32:05:13 Implementation of corrective action plan. 74:32:05:13. Implementation of corrective action plan. The responsible person shall implement a department-approved corrective action plan. If monitoring data or other factors indicate that modifications to the existing c…

Rule 74:32:05:14 Inspections. 74:32:05:14. Inspections. Inspections of releases, response actions, and corrective actions shall be made in accordance with chapter 74:50:03. Source: 15 SDR 72, effective November 17, 1988; 17 SDR 94, effective January 6, 1991. General Authority: SD…

Rule 74:32:06:01 Written notice of claims. 74:32:06:01. Written notice of claims. If a third-party claim is made or a suit is brought or the covered party has knowledge of injured persons or witnesses, the covered party must give the director written notice within ten calendar da…

Rule 74:32:06:02 Reimbursement for third-party claims. 74:32:06:02. Reimbursement for third-party claims. The secretary may provide for reimbursement to the covered party for third-party claims arising from a release if the covered party has a legal obligation to pay or, through …

Rule 74:32:06:03 Investigation and defense costs. 74:32:06:03. Investigation and defense costs. The secretary may investigate and settle any claim or suit. The obligation to defend and defense costs terminate if the reimbursement limit provided for in SDCL 34A-13-28 is met by jud…

Rule 74:32:06:04 Exclusions from reimbursement for third-party claims. 74:32:06:04. Exclusions from reimbursement for third-party claims. In addition to the exclusion allowed in SDCL chapter 34A-13, the reimbursement for third-party claims authorized by this chapter does not appl…

Rule 74:32:06:05 Cooperation required by covered party. 74:32:06:05. Cooperation required by covered party. Any covered party must cooperate with the secretary in the investigation, settlement, or defense of any claim or suit, permit access to records or the involved property, an…

Rule 74:34:01:01 Definitions. 74:34:01:01. Definitions. Terms used in this article mean: (1) "CERCLA," the Comprehensive Emergency Response, Compensation and Liability Act of 1980; (2) "Department," the Department of Agriculture and Natural Resources; (3) "Hazardous chemical," an…

Rule 74:34:01:02 Applicability. 74:34:01:02. Applicability. No person may discharge to the environment a regulated substance listed in § 74:34:01:03 except pursuant to and in compliance with the conditions of a federal or state permit or by activities allowed by federal or state …

Rule 74:34:01:03 Regulated substances list. 74:34:01:03. Regulated substances list. The following lists constitute regulated substances under SDCL chapter 34A-12: (1) Substances listed in the "Title III List of Lists, Consolidated List of Chemicals Subject to Reporting Under the …

Rule 74:34:01:04 Reporting of known discharges -- Reportable quantities. 74:34:01:04. Reporting of known discharges -- Reportable quantities. A responsible person shall report a known discharge of a regulated substance to the environment to the department immediately if one of th…

Rule 74:34:01:05 Reporting of suspected discharges. 74:34:01:05. Reporting of suspected discharges. A responsible person shall report a suspected discharge to the department within 24 hours after the discharge is suspected. The report shall comply with the provisions of § 74:34:0…

Rule 74:34:01:06 Discharge report. 74:34:01:06. Discharge report. The discharge report shall provide the following information: (1) The specific location of the discharge; (2) The type and amount of regulated substance discharged; (3) The responsible person's name, address, and t…

74:36:01:01. Definitions. Terms used in this article mean: (1) "Act," chapter 34A-1 of the South Dakota Codified Laws; (2) "Acid rain permit," a legally binding written document or portion of a document that is issued by the department and specifies the acid rain program requirem…

Rule 74:36:01:02 Repealed. 74:36:01:02. Actual emissions defined.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effect…

Rule 74:36:01:03 Administrative permit amendment defined. 74:36:01:03. Administrative permit amendment defined. An administrative permit amendment is an amendment to an existing permit and is issued by the secretary. The secretary may issue an administrative permit amendment if i…

Rule 74:36:01:04 Affected states defined. 74:36:01:04. Affected states defined. Affected states are all states whose air quality may be affected by and that are contiguous to the state in which an operating permit, permit modification, or permit renewal for a Part 70 source is be…

74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable requirements of the Clean Air Act include all of the following as they apply to emissions units in a Part 70 source, unless the context of the Clean Air Act requires otherwise: (1) Any standard or other…

Rule 74:36:01:06 Complete application defined. 74:36:01:06. Complete application defined. A complete application is one that the department has determined to contain all the information needed to begin to process the application. A determination that an application is complete co…

Rule 74:36:01:07 Repealed. 74:36:01:07. Major modification defined.Repealed. Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02.01, 19 SDR 157, effective April 22, 1993;…

Rule 74:36:01:08 Major source defined. 74:36:01:08. Major source defined. A major source is any source or any group of sources that is located on one or more contiguous or adjacent properties, that is under control of the same person or of persons under common control, that belon…

Rule 74:36:01:09 Categories of sources defined. 74:36:01:09. Categories of sources defined. The fugitive emissions of a source shall not be included in determining whether it is a major source for any of the purposes of § 74:36:01:08 unless the source belongs to one of the follow…