South Dakota Administrative Code

Rule 74:50:02:18 Decision made by majority of board. 74:50:02:18. Decision made by majority of board. A final decision in a contested case before the board is that obtained by a majority vote from a quorum of the board. Final decisions and resulting orders must be signed by the c…

Rule 74:50:02:19 Findings of fact, conclusions of law, and order. 74:50:02:19. Findings of fact, conclusions of law, and order. All parties to a contested case proceeding shall present proposed findings of fact, conclusions of law, and an order to the board or secretary at the cl…

Rule 74:50:03:01 Scope. 74:50:03:01. Scope. The secretary may inspect all facilities, records, and reports necessary under SDCL chapter 34A-2 or articles 74:51 to 74:56, inclusive. The scope of an inspection shall be limited to that reasonably necessary to ensure that pollution o…

Rule 74:50:03:02 Timing. 74:50:03:02. Timing. All facilities shall be inspected at least one time every five years of operation. Other inspections may be made. Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:14:02, July 1, 1996. General Authority: SDCL 34…

Rule 74:50:03:03 Permission. 74:50:03:03. Permission. All applications for permits, approvals, or orders filed under SDCL chapter 34A-2 or articles 74:51 to 74:56, inclusive, shall contain a notarized statement by the operator granting permission to the secretary for the performa…

Rule 74:50:03:04 Search warrants. 74:50:03:04. Search warrants. The secretary shall obtain a search warrant from the magistrate court in the area of the involved facility before conducting an inspection if an operator has withdrawn permission to inspect, unless the involved viola…

74:51:01:01. Definitions. Terms defined in SDCL 34A-2-2, have the same meaning when used in chapters 74:51:01 to 74:51:03, inclusive. Terms that are not defined must be construed in conformance with the context and in relation to the applicable section of the standards or the sta…

Rule 74:51:01:02 Compliance with criteria for beneficial use. 74:51:01:02. Compliance with criteria for beneficial use. A person may not discharge or cause to be discharged into surface waters of the state pollutants which cause the receiving water to fail to meet the criteria fo…

Rule 74:51:01:02.01 Beneficial use analysis required. 74:51:01:02.01. Beneficial use analysis required. Before renewing an existing or issuing a new individual surface water discharge permit under article 74:52, the secretary shall conduct an analysis of the water body that recei…

Rule 74:51:01:03 Restrictions for water with dual classifications. 74:51:01:03. Restrictions for water with dual classifications. If waters have more than one designated beneficial use and criteria are established for a parameter that is common to two or more uses, such as colifo…

Rule 74:51:01:04 Application of criterion to contiguous water. 74:51:01:04. Application of criterion to contiguous water. If pollutants are discharged into a segment and the criteria for that segment's designated beneficial use are not exceeded, but the waters flow into another s…

Rule 74:51:01:05 Materials causing pollutants to form in waters. 74:51:01:05. Materials causing pollutants to form in waters. Wastes discharged into surface waters of the state may not contain a parameter which violates the criterion for the waters' existing or designated benefic…

Rule 74:51:01:06 Visible pollutants prohibited. 74:51:01:06. Visible pollutants prohibited. Raw or treated sewage, garbage, rubble, unpermitted fill materials, municipal wastes, industrial wastes, or agricultural wastes which produce floating solids, scum, oil slicks, material di…

Rule 74:51:01:07 Acids and alkalis. 74:51:01:07. Acids and alkalis. No materials may be discharged or caused to be discharged which affect the pH of the receiving waters by more than 0.5 pH unit. This does not apply to pH fluctuations of more than 0.5 pH unit contributable to nat…

Rule 74:51:01:08 Taste- and odor-producing materials. 74:51:01:08. Taste- and odor-producing materials. Materials which will impart undesirable tastes or undesirable odors to the receiving water may not be discharged or caused to be discharged into surface waters of the state in …

Rule 74:51:01:09 Nuisance aquatic life. 74:51:01:09. Nuisance aquatic life. Materials which produce nuisance aquatic life may not be discharged or caused to be discharged into surface waters of the state in concentrations that impair an existing or designated beneficial use or cr…

Rule 74:51:01:10 Petroleum products. 74:51:01:10. Petroleum products. A discharge of insoluble materials of petroleum derivation that imparts a visible film or sheen to the surface of the water or the adjoining shorelines is prohibited. Source: SL 1975, ch 16, § 1; 4 SDR 32, effe…

Rule 74:51:01:11 Protection of wetlands as waters of the state. 74:51:01:11. Protection of wetlands as waters of the state. Wetlands are waters of the state and are allowed protection under the provisions of this chapter. The discharge of pollutants from any source, including ind…

Rule 74:51:01:12 Biological integrity of waters. 74:51:01:12. Biological integrity of waters. All waters of the state must be free from substances, whether attributable to human-induced point source discharges or nonpoint source activities, in concentrations or combinations which…

Rule 74:51:01:13 Total dissolved gas pressure. 74:51:01:13. Total dissolved gas pressure. In waters protected as coldwater fisheries, discharges from impoundments or other sources may not cause the total dissolved gas pressure to exceed 110 percent of the saturation value. Source…

Rule 74:51:01:14 Radioactive iodine, radium, strontium, and tritium concentrations established. 74:51:01:14. Radioactive iodine, radium, strontium, and tritium concentrations established. The average dissolved concentrations including the naturally occurring or background concent…

Rule 74:51:01:15 Concentrations established for miscellaneous radionuclides. 74:51:01:15. Concentrations established for miscellaneous radionuclides. For all radionuclides not listed in § 74:51:01:14, the average dissolved concentration limits in surface waters of the state are 1…

Rule 74:51:01:16 Measuring mixtures of radionuclides. 74:51:01:16. Measuring mixtures of radionuclides. Where there is mixture of dissolved radionuclides in surface waters of the state, the following relationship must be satisfied: with C denoting the average concentration of the…

Rule 74:51:01:17 Analysis for dissolved gross beta radioactivity. 74:51:01:17. Analysis for dissolved gross beta radioactivity. Where alpha emitters, strontium-90, radium-228, iodine-129, iodine-130, and lead-210 are known to be a negligibly small fraction of the specific concent…

Rule 74:51:01:18 Suspended radionuclides. 74:51:01:18. Suspended radionuclides. For radionuclides associated with suspended materials in the water, the average concentration limits are 1/150 of the corresponding maximum permissible concentration in water (insoluble form) for cont…

Rule 74:51:01:19 Maximum concentration of radionuclides per sample. 74:51:01:19. Maximum concentration of radionuclides per sample. The maximum concentration for any one sample may not exceed three times the average concentration limits of radionuclides specified in §§ 74:51:01:1…

Rule 74:51:01:20 Calculation of average radionuclide concentrations. 74:51:01:20. Calculation of average radionuclide concentrations. Average concentrations of radionuclides shall be computed from monitoring data acquired during the previous ten months and reported as a rolling a…

Rule 74:51:01:21 Variances from radioactive concentration criteria. 74:51:01:21. Variances from radioactive concentration criteria. Variances from concentration limits specified in §§ 74:51:01:14 through 74:51:01:19, inclusive, are permitted only if there is a natural, uncontroll…

Rule 74:51:01:22 Laboratory procedures for tests. 74:51:01:22. Laboratory procedures for tests. Tests or analytical procedures to determine conformity with criteria must be made in accordance with methods approved or references listed in 40 C.F.R. Part 136 (July 1, 2020) unless o…

Rule 74:51:01:23 Bioassay methods. 74:51:01:23. Bioassay methods. The toxicity of pollutants to aquatic life must be based on bioassays which determine concentrations of a substance that at a defined period of exposure are toxic to aquatic life. Toxicity tests must simulate expec…

Rule 74:51:01:24 Modification of criteria for specific sites. 74:51:01:24. Modification of criteria for specific sites. Criteria established in §§ 74:51:01:31, 74:51:01:32, and 74:51:01:44 through 74:51:01:54, inclusive, and in § 74:51:01:56 may be modified to reflect local condi…

Rule 74:51:01:25 Notification to Environmental Protection Agency of criteria changes. 74:51:01:25. Notification to Environmental Protection Agency of criteria changes. The board shall notify the administrator of the Environmental Protection Agency before granting a variance from,…

Rule 74:51:01:25.01 Application of criteria to protect attainable beneficial use. 74:51:01:25.01. Application of criteria to protect attainable beneficial use. If the secretary determines that a water body is supporting a higher existing beneficial use than is currently designate…

Rule 74:51:01:26 Zone of mixing for wastewater discharges to flowing waters. 74:51:01:26. Zone of mixing for wastewater discharges to flowing waters. A zone of mixing is allowed for the discharge of wastewater to a flowing water. Each properly treated wastewater discharge to a fl…

Rule 74:51:01:27 Lakes not allowed a zone of mixing. 74:51:01:27. Lakes not allowed a zone of mixing. No zone of mixing is allowed for lakes. Discharges to lakes must meet the water quality standards at the point of discharge. No discharge of pollutants is allowed which reaches a…

Rule 74:51:01:28 Water quality-limited streams -- Compliance schedules allowed. 74:51:01:28. Water quality-limited streams -- Compliance schedules allowed. Inclusion of schedules of compliance with water quality-based limits and requirements in permits is allowable only for exist…

Rule 74:51:01:29 Flow rates for high quality fishery waters. 74:51:01:29. Flow rates for high quality fishery waters. A high-quality fishery water is defined as a stream classified for the beneficial use of coldwater permanent fish life propagation, coldwater marginal fish life p…

Rule 74:51:01:30 Flow rates for low quality fishery and irrigation waters. 74:51:01:30. Flow rates for low quality fishery and irrigation waters. A low-quality fishery water is defined as a stream classified for the beneficial use of warmwater semipermanent fish life propagation …

Rule 74:51:01:31 Temperature change in fish life propagation waters. 74:51:01:31. Temperature change in fish life propagation waters. There may be no induced temperature change over spawning beds. No discharge or discharges may affect the temperature by more than 4°F in streams c…

Rule 74:51:01:32 Effluent limits for discharges to coldwater fishery waters. 74:51:01:32. Effluent limits for discharges to coldwater fishery waters. Effluents discharged from water pollution control facilities into waters classified for the beneficial use of coldwater permanent …

Rule 74:51:01:33 Repealed. 74:51:01:33. Exemption of stream segments from fish life propagation categories. Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:46, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 …

Rule 74:51:01:34 Antidegradation of waters of the state. 74:51:01:34. Antidegradation of waters of the state. The antidegradation policy for this state is as follows: (1) The existing beneficial uses of surface waters of the state and the level of water quality that is assigned b…

Rule 74:51:01:35 Antidegradation of water quality review for existing point source discharges to waters of the state. 74:51:01:35. Antidegradation of water quality review for existing point source discharges to waters of the state. All surface water discharge permits, at the time…

Rule 74:51:01:36 Antidegradation of water quality review for new, potential point source discharges to waters of the state. 74:51:01:36. Antidegradation of water quality review for new, potential point source discharges to waters of the state. New surface water discharge permit a…

Rule 74:51:01:37 Antidegradation of water quality review for thermal discharges to waters of the state. 74:51:01:37. Antidegradation of water quality review for thermal discharges to waters of the state. In situations with potential for water quality impairment associated with a …

Rule 74:51:01:37.01 Antidegradation review public notice requirements. 74:51:01:37.01. Antidegradation review public notice requirements. For any discharge for which an antidegradation review is required by this chapter, the secretary shall allow for intergovernmental coordinatio…

Rule 74:51:01:38 Antidegradation of water quality review for nonpoint source discharges to waters of the state. 74:51:01:38. Antidegradation of water quality review for nonpoint source discharges to waters of the state. Nonpoint sources shall be reviewed as feasible by the board.…

Rule 74:51:01:39 Outstanding state resource waters. 74:51:01:39. Outstanding state resource waters. Surface waters of the state that are of high quality or are of exceptional recreational or ecological significance may be designated by the board as outstanding state resource wate…

Rule 74:51:01:40 Repealed. 74:51:01:40. Variations allowed in parameters found in samples. Repealed Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:32, effective July 1, 1979; 10 SDR 145, effective July 4, 1984; 13 SDR 129, 13 SDR 14…

Rule 74:51:01:41 Application of chronic/acute criteria. 74:51:01:41. Application of chronic/acute criteria. Acute and chronic criteria established under § 74:51:01:55 and as translated by Appendix B at the end of this chapter shall be applied as follows: (1) Compliance with the c…