South Dakota Administrative Code

Rule 74:51:02:69 Repealed. 74:51:02:69. Ziebach County, uses of certain lakes. Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:03:70, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 111, effectiv…

Rule 74:51:03:01 Beneficial uses of South Dakota streams to include irrigation and fish and wildlife propagation, recreation, and stock watering. 74:51:03:01. Beneficial uses of South Dakota streams to include irrigation and fish and wildlife propagation, recreation, and stock wa…

Rule 74:51:03:02 Beneficial uses of stream segments indicated by listings. 74:51:03:02. Beneficial uses of stream segments indicated by listings. Additional beneficial uses assigned to stream segments listed in §§ 74:51:03:04 to 74:51:03:27, inclusive, are indicated by the number…

Rule 74:51:03:03 Segment boundaries described. 74:51:03:03. Segment boundaries described. When section, range, and township are used in chapter 74:51:03 to describe the beginning or end point of a stream segment, the boundary of the segment is that point where the most downstream…

Rule 74:51:03:04 Minnesota River's tributaries' uses. 74:51:03:04. Minnesota River's tributaries' uses. Stream segments covered by § 74:51:03:02 include the following tributaries of the Minnesota River: Water Body From To Beneficial Uses County West Fork Lac Qui Parle River, also…

74:51:03:05. Missouri River and certain small tributaries' beneficial uses. Stream segments of the Missouri River and certain small tributaries covered by § 74:51:03:02 include the following: Water BodyFromToBeneficial UsesCountyMissouri RiverIowa BorderOahe Dam1,4,7,8,11Hughes/S…

Rule 74:51:03:06 Bad River and certain tributaries' uses. 74:51:03:06. Bad River and certain tributaries' uses. Stream segments of the Bad River and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Bad River Missouri Ri…

74:51:03:07. Big Sioux River and certain tributaries' uses. Stream segments of the Big Sioux River and certain tributaries covered by § 74:51:03:02 include the following: Water BodyFromToBeneficial UsesCountyBig Sioux RiverMissouri RiverSioux Falls Diversion Ditch5,7,8MinnehahaBi…

Rule 74:51:03:08 Cheyenne River and certain tributaries' uses. 74:51:03:08. Cheyenne River and certain tributaries' uses. Stream segments of the Cheyenne River and certain tributaries covered by § 74:51:03:02 include the tributaries listed in §§ 74:51:03:09 through 74:51:03:18, i…

Rule 74:51:03:09 Battle Creek and certain tributaries' uses. 74:51:03:09. Battle Creek and certain tributaries' uses. Stream segments of Battle Creek and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Battle Creek Che…

Rule 74:51:03:10 The Belle Fourche River and certain tributaries' uses. 74:51:03:10. The Belle Fourche River and certain tributaries' uses. Stream segments of the Belle Fourche River and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Benefi…

Rule 74:51:03:11 Box Elder Creek and certain tributaries' uses. 74:51:03:11. Box Elder Creek and certain tributaries' uses. Stream segments of Box Elder Creek and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Box Eld…

Rule 74:51:03:12 Elk Creek and certain tributaries' uses. 74:51:03:12. Elk Creek and certain tributaries' uses. Stream segments of Elk Creek and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Elk Creek Cheyenne River …

Rule 74:51:03:13 Fall River and certain tributaries' uses. 74:51:03:13. Fall River and certain tributaries' uses. Stream segments of Fall River and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Fall River Cheyenne Ri…

Rule 74:51:03:14 French Creek and certain tributaries' uses. 74:51:03:14. French Creek and certain tributaries' uses. Stream segments of French Creek and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County French Creek Che…

Rule 74:51:03:15 Lame Johnny Creek and certain tributaries' uses. 74:51:03:15. Lame Johnny Creek and certain tributaries' uses. Stream segments of Lame Johnny Creek and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County L…

Rule 74:51:03:16 Pleasant Valley Creek and certain tributaries' uses. 74:51:03:16. Pleasant Valley Creek and certain tributaries' uses. Stream segments of Pleasant Valley Creek and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial U…

Rule 74:51:03:17 Rapid Creek and certain tributaries' uses. 74:51:03:17. Rapid Creek and certain tributaries' uses. Stream segments of Rapid Creek and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Rapid Creek Cheyenn…

Rule 74:51:03:18 Spring Creek and certain tributaries' uses. 74:51:03:18. Spring Creek and certain tributaries' uses. Stream segments of Spring Creek and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Spring Creek Che…

Rule 74:51:03:19 Grand River and certain tributaries' uses. 74:51:03:19. Grand River and certain tributaries' uses. Stream segments of the Grand River and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Grand River Lak…

Rule 74:51:03:20 James River and certain tributaries' uses. 74:51:03:20. James River and certain tributaries' uses. Stream segments of the James River and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County James River Mis…

Rule 74:51:03:21 Little Missouri River and certain tributaries' uses. 74:51:03:21. Little Missouri River and certain tributaries' uses. Stream segments of the Little Missouri River and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Benefici…

Rule 74:51:03:22 Moreau River and certain tributaries' uses. 74:51:03:22. Moreau River and certain tributaries' uses. Stream segments of the Moreau River and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Moreau River…

Rule 74:51:03:23 Little Moreau River's uses. 74:51:03:23. Little Moreau River's uses. A stream segment of the Little Moreau River covered by § 74:51:03:02 is the following: Water Body From To Beneficial Uses County Little Moreau River Moreau River S30, T17N, R24E of the Black Hil…

Rule 74:51:03:24 Niobrara's tributaries' uses. 74:51:03:24. Niobrara's tributaries' uses. Stream segments of the Niobrara River covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Keya Paha River Nebraska Border its confluence with Antelope C…

Rule 74:51:03:25 Vermillion River and certain tributaries' uses. 74:51:03:25. Vermillion River and certain tributaries' uses. Stream segments of the Vermillion River and certain tributaries covered by § 74:51:03:02 include the following: Water Body From To Beneficial Uses County …

Rule 74:51:03:26 White River and certain tributaries' uses. 74:51:03:26. White River and certain tributaries' uses. Stream segments of the White River and certain tributaries covered in § 74:51:03:02 include the following: Water Body From To Beneficial Uses County White River Mis…

Rule 74:51:03:27 Red River of the North's tributaries' uses. 74:51:03:27. Red River of the North's tributaries' uses. Stream segments of the tributaries of the Red River of the North covered in § 74:51:03:02 include the following: Water Body From To Beneficial Uses County Bois de…

Rule 74:52:01:01 Definitions. 74:52:01:01. Definitions. Terms not defined in this section have the meaning given by the Clean Water Act (CWA). When a term defined in the CWA appears in a definition in this section, the defined term is sometimes placed in quotation marks as an aid…

Rule 74:52:01:02 Definition of new discharger. 74:52:01:02. Definition of new discharger. A "new discharger" is any building, structure, facility, or installation: (1) From which there is or may be a "discharge of pollutants"; (2) That did not commence the "discharge" at a partic…

Rule 74:52:01:02.01 Criteria for new source determination. 74:52:01:02.01. Criteria for new source determination. Except as otherwise provided in an applicable new source performance standard, a source is a "new source" if it meets the definition of "new source" in subdivision 74…

Rule 74:52:01:02.02 Construction and new source determination. 74:52:01:02.02. Construction and new source determination. Construction on a site at which an existing source is located results in a modification subject to chapter 75:52:04 rather than a new source (or a new dischar…

Rule 74:52:01:02.03 Effect of compliance with new source performance standards. 74:52:01:02.03. Effect of compliance with new source performance standards. Any new discharger, the construction of which commenced after October 18, 1972, or new source which meets the applicable pro…

Rule 74:52:01:03 Transferred. 74:52:01:03. Transferred to § 74:52:01:01(52).

Rule 74:52:01:04 SWD permit required for discharge. 74:52:01:04. SWD permit required for discharge. A person may not directly discharge pollutants from any point source into surface waters of the state without a valid SWD permit. Source: 14 SDR 86, effective December 24, 1987; 19…

Rule 74:52:01:05 Point sources that require SWD permits. 74:52:01:05. Point sources that require SWD permits. The following point sources require SWD permits: (1) Concentrated animal feeding operations as defined in 40 C.F.R. § 122.23 (January 1, 2007); (2) Concentrated aquatic a…

Rule 74:52:01:05.01 State only surface water discharge permits. 74:52:01:05.01. State only surface water discharge permits. The secretary may issue surface water discharge permits outside of the National Pollutant Discharge Elimination System authority granted the State of South …

Rule 74:52:01:06 Exclusions. 74:52:01:06. Exclusions. The following activities do not require SWD permits: (1) The introduction of sewage, industrial wastes, or other pollutants into publicly owned treatment works by indirect dischargers. This exclusion does not apply to the intr…

Rule 74:52:01:07 Approval of plans and specifications. 74:52:01:07. Approval of plans and specifications. Approval of plans and specifications from the secretary is required for the following activities which may result in a discharge: (1) The construction, installation, modifica…

Rule 74:52:01:08 Permit application forms. 74:52:01:08. Permit application forms. Applicants for SWD permits must submit their applications on state permit application forms. Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:17:06, July 1, 1996. General Aut…

Rule 74:52:01:09 Technical regulations. 74:52:01:09. Technical regulations. Technical regulations for the SWD permit program used by the state to determine what requirements are to be placed in the permit are contained in 40 C.F.R. Part 125, criteria and standards for the nationa…

Rule 74:52:01:10 Prohibitions. 74:52:01:10. Prohibitions. A permit may not be issued under the following circumstances: (1) If the conditions of the permit do not provide for compliance with the applicable requirements of the CWA or regulations promulgated under the CWA; (2) If t…

Rule 74:52:01:11 Effect of permit. 74:52:01:11. Effect of permit. The following describe the effect of a SWD permit: (1) Except for any toxic effluent standards and prohibitions imposed under section 307 of the CWA, compliance with a permit constitutes compliance with sections 30…

Rule 74:52:01:12 Continuation of expiring permits. 74:52:01:12. Continuation of expiring permits. The conditions of an expired permit continue in force until the effective date of a new permit if the permittee has submitted a timely application for a new permit under chapter 74:5…

Rule 74:52:02:01 Applicability. 74:52:02:01. Applicability. A person who discharges or proposes to discharge pollutants to surface waters of the state and who does not have an effective SWD permit must submit a complete, signed application for an SWD permit to the secretary. The …

Rule 74:52:02:02 Correlation between state and EPA permits. 74:52:02:02. Correlation between state and EPA permits. On the date of SWD permit program approval by EPA, all persons who do not have a SWD permit but are permitted or authorized under the NPDES program shall be conside…

Rule 74:52:02:03 Time to apply for new facilities. 74:52:02:03. Time to apply for new facilities. Except as provided in §§ 74:52:02:04 and 74:52:02:36, a person proposing a surface water discharge or the use or disposal of sewage sludge from treatment works treating domestic sewa…

Rule 74:52:02:04 Time to reapply for dischargers with currently effective EPA-issued NPDES permits. 74:52:02:04. Time to reapply for dischargers with currently effective EPA-issued NPDES permits. A facility with a currently effective EPA-issued NPDES permit must submit a new appl…

Rule 74:52:02:05 SWD permit renewals. 74:52:02:05. SWD permit renewals. All owners or operators of SWD permits must reapply for a permit at least 180 days before the expiration date of the existing permit. Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effective Febr…

Rule 74:52:02:06 Continuation of expired permits. 74:52:02:06. Continuation of expired permits. The conditions of an expired permit remain effective and enforceable until the effective date of a new permit if the permittee has submitted a complete and timely application for a new…