South Dakota Administrative Code

Rule 74:52:02:07 Review of applications. 74:52:02:07. Review of applications. The secretary may not begin processing a SWD permit before receiving a complete application, except for general permits. A permit application is complete when the secretary receives a signed application…

Rule 74:52:02:08 Information requirements. 74:52:02:08. Information requirements. All applicants for SWD permits must provide the following information to the secretary, using the application form provided by the secretary: (1) The activities being conducted which require the app…

Rule 74:52:02:09 Application requirements for new sources and new discharges. 74:52:02:09. Application requirements for new sources and new discharges. In addition to the information required by § 74:52:02:08, new manufacturing, commercial, mining, and silvicultural dischargers a…

Rule 74:52:02:10 Application requirements for existing manufacturing, commercial, mining, and silvicultural dischargers. 74:52:02:10. Application requirements for existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the information required by…

Rule 74:52:02:11 Application requirements for manufacturing, commercial, mining, and silvicultural facilities which discharge only nonprocess wastewater. 74:52:02:11. Application requirements for manufacturing, commercial, mining, and silvicultural facilities which discharge only…

Rule 74:52:02:12 Additional requirements for new dischargers. 74:52:02:12. Additional requirements for new dischargers. The secretary may waive the reporting requirements for one or more of the pollutants listed in this subsection if the applicant has demonstrated that the waiver…

Rule 74:52:02:13 Application requirements for whole effluent biological toxicity testing by POTWs. 74:52:02:13. Application requirements for whole effluent biological toxicity testing by POTWs. In addition to the information required by § 74:52:02:08, POTWs with design influent f…

Rule 74:52:02:14 Application requirements for POTWs with approved pretreatment programs. 74:52:02:14. Application requirements for POTWs with approved pretreatment programs. In addition to the application requirements in § 74:52:02:08, POTWs with approved local pretreatment progr…

Rule 74:52:02:14.01 Application requirements for treatment works treating domestic sewage. 74:52:02:14.01. Application requirements for treatment works treating domestic sewage. In addition to the application requirements in § 74:52:02:08, treatment works treating domestic sewage…

Rule 74:52:02:15 Recordkeeping. 74:52:02:15. Recordkeeping. Applicants must keep records of all data used to complete permit applications and any supplemental information submitted under this chapter for a period of at least three years from the date the application is signed. So…

Rule 74:52:02:16 Service of process. 74:52:02:16. Service of process. Each applicant shall provide the secretary with an address for receipt of any legal paper for service of process. The last address provided to the secretary pursuant to this provision must be the address at whi…

Rule 74:52:02:17 Confidentiality of information. 74:52:02:17. Confidentiality of information. Certain information submitted to the secretary pursuant to chapters 74:52:01 to 74:52:11, inclusive, may be claimed as confidential by the applicant under SDCL 34A-2-94. The claim must b…

Rule 74:52:02:18 Signatory requirements for permit applications. 74:52:02:18. Signatory requirements for permit applications. All permit applications must be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this subdivision, a respo…

Rule 74:52:02:19 Signatory requirements for reports. 74:52:02:19. Signatory requirements for reports. All reports required by permits and other information requested by the secretary must be signed by a person described in § 74:52:02:18 or by an authorized representative of that …

Rule 74:52:02:20 Changes to signatory authorization. 74:52:02:20. Changes to signatory authorization. If an authorization under § 74:52:02:19 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new autho…

Rule 74:52:02:21 Certification of documents. 74:52:02:21. Certification of documents. A person signing a document under this chapter must make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or s…

Rule 74:52:02:22 Additional requirements for concentrated animal feeding operations. 74:52:02:22. Additional requirements for concentrated animal feeding operations. In addition to the requirements in chapters 74:52:01 to 74:52:11, inclusive, requirements for concentrated animal …

Rule 74:52:02:23 Repealed. 74:52:02:23. Definitions applicable to concentrated animal feeding operations.Repealed. Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effective February 21, 1993; transferred from § 74:03:18:21, July 1, 1996; repealed, 29 SDR 176, effectiv…

Rule 74:52:02:24 Repealed. 74:52:02:24. Two or more concentrated animal feeding operations may be permitted as one operation.Repealed. Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:18:22, July 1, 1996; repealed, 29 SDR 176, effective July 1, 2003.

Rule 74:52:02:25 Repealed. 74:52:02:25. Designation of animal feeding operation as concentrated animal feeding operation.Repealed. Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:18:23, July 1, 1996; repealed, 29 SDR 176, effective July 1, 2003.

Rule 74:52:02:26 Repealed. 74:52:02:26. Small feeding operations not subject to SWD regulations unless they discharge pollutants.Repealed. Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:18:24, July 1, 1996; repealed, 29 SDR 176, effective July 1, 2003.

Rule 74:52:02:27 Repealed. 74:52:02:27. Inspection of small feeding operations required before subjecting to SWD regulations.Repealed. Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effective February 21, 1993; transferred from § 74:03:18:25, July 1, 1996; repealed, …

Rule 74:52:02:28 Application requirements for new and existing concentrated animal feeding operations. 74:52:02:28. Application requirements for new and existing concentrated animal feeding operations. New and existing concentrated animal feeding operations shall provide the foll…

Rule 74:52:02:29 Repealed. 74:52:02:29. Criteria for concentrated animal feeding operation.Repealed. Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:18:27, July 1, 1996; repealed, 29 SDR 176, effective July 1 , 2003.

Rule 74:52:02:30 Permit requirements for the land application of manure, litter, and process wastewater. 74:52:02:30. Permit requirements for the land application of manure, litter, and process wastewater. Any permit for a concentrated animal feeding operation must include techni…

Rule 74:52:02:31 Definitions applicable to concentrated aquatic animal production facilities. 74:52:02:31. Definitions applicable to concentrated aquatic animal production facilities. The following definitions are applicable to concentrated aquatic animal production facilities: (…

Rule 74:52:02:32 Designation of small aquatic animal production facility as concentrated aquatic animal production facility. 74:52:02:32. Designation of small aquatic animal production facility as concentrated aquatic animal production facility. The secretary may designate any wa…

Rule 74:52:02:33 Inspection of small aquatic animal production facilities required before subjecting to SWD regulations. 74:52:02:33. Inspection of small aquatic animal production facilities required before subjecting to SWD regulations. A permit application is not required from …

Rule 74:52:02:34 Application requirements for new and existing concentrated aquatic animal production facilities. 74:52:02:34. Application requirements for new and existing concentrated aquatic animal production facilities. In addition to the requirements in § 74:52:02:08, new an…

Rule 74:52:02:35 Criteria for concentrated aquatic animal production facility. 74:52:02:35. Criteria for concentrated aquatic animal production facility. A hatchery, fish farm, or other facility is a concentrated aquatic animal production facility for purposes of this chapter if …

Rule 74:52:02:36 Storm water discharges subject to SWD permit regulations. 74:52:02:36. Storm water discharges subject to SWD permit regulations. The following discharges are subject to the SWD permit regulations, as defined in this chapter and in 40 C.F.R. § 122 and § 123 (July …

Rule 74:52:02:37 Application requirements for storm water discharges. 74:52:02:37. Application requirements for storm water discharges. South Dakota surface water discharge storm water permit application requirements and deadlines are those in 40 C.F.R. § 122 (July 1, 2001). Sour…

Rule 74:52:02:38 Definitions applicable to silvicultural activities. 74:52:02:38. Definitions applicable to silvicultural activities. The following definitions are applicable to silvicultural activities: (1) "Silvicultural point source," any discernible, confined, and discrete co…

Rule 74:52:02:39 Primary industry categories. 74:52:02:39. Primary industry categories. A SWD permit issued to dischargers in the following primary industry categories must include effluent limitations, and if necessary, a compliance schedule to meet the requirements of chapters …

Rule 74:52:02:40 SWD permit application testing requirements. 74:52:02:40. SWD permit application testing requirements. As required by §§ 74:52:02:09 and 74:52:02:10, new and existing manufacturing, commercial, mining, and silvicultural dischargers with processes in one or more p…

Rule 74:52:02:41 Organic toxic pollutants in GC/MS fractions. 74:52:02:41. Organic toxic pollutants in GC/MS fractions. If quantitative data for organic toxic pollutants is required to be reported according to §§ 74:52:02:09 and 74:52:02:10 and testing requirements according to t…

Rule 74:52:02:42 Application requirements for testing other toxic pollutants -- Metals, cyanide, and total phenols. 74:52:02:42. Application requirements for testing other toxic pollutants -- Metals, cyanide, and total phenols. As required by §§ 74:52:02:09 and 74:52:02:10, new a…

Rule 74:52:02:43 Application requirements for testing conventional and nonconventional pollutants. 74:52:02:43. Application requirements for testing conventional and nonconventional pollutants. Applicants for new sources, new dischargers, and discharges from existing manufacturin…

Rule 74:52:02:44 Application requirements for identifying toxic pollutants and hazardous substances. 74:52:02:44. Application requirements for identifying toxic pollutants and hazardous substances. Applicants for new sources, new discharges, and discharges from existing manufactu…

Rule 74:52:02:45 Certain application requirements suspended for some categories and subcategories of primary industries. 74:52:02:45.Certain application requirements suspended for some categories and subcategories of primary industries. The application requirements of subsection …

Rule 74:52:02:46 General permits. 74:52:02:46. General permits. The secretary may issue a general permit in accordance with the following: (1) The general permit shall be written to cover a category of discharges described in the permit under subdivision (2) of this section, exce…

Rule 74:52:02:47 Secretary may require individual permits. 74:52:02:47. Secretary may require individual permits. The secretary may require any person authorized by a general permit to apply for and obtain an individual SWD permit. Any interested person may petition the secretary…

Rule 74:52:03:01 Conditions applicable to all SWD permits. 74:52:03:01. Conditions applicable to all SWD permits. The conditions established in §§ 74:52:03:02 to 74:52:03:10, inclusive, are applicable to all SWD permits. Source: 14 SDR 86, effective December 24, 1987; transferred…

Rule 74:52:03:02 Standard conditions. 74:52:03:02. Standard conditions. The standard SWD permit conditions are as follows: (1) The permittee must comply with all conditions of the SWD permit. Any permit noncompliance constitutes grounds for enforcement action pursuant to the Act,…

Rule 74:52:03:03 Right of entry. 74:52:03:03. Right of entry. Upon the presentation of credentials and other necessary legal documents, the permittee must allow the secretary to do the following: (1) Enter upon the permittee's premises where a regulated facility or activity is lo…

Rule 74:52:03:04 Record keeping. 74:52:03:04. Record keeping. The permittee must retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings and continuous monitoring instrumentation, copies of all report…

Rule 74:52:03:05 Reporting changes of operation. 74:52:03:05. Reporting changes of operation. The following items must be reported to the secretary: (1) The permittee must give notice to the secretary as soon as possible of any planned physical alterations or additions to the per…

Rule 74:52:03:06 Monitoring requirements. 74:52:03:06. Monitoring requirements. Monitoring requirements are as follows: (1) Monitoring results must be reported at the intervals specified in the permit; (2) Monitoring results must be reported on a discharge monitoring report (DMR)…

Rule 74:52:03:07 Reporting compliance and noncompliance. 74:52:03:07. Reporting compliance and noncompliance. Reporting compliance and noncompliance must be done as follows: (1) The permittee must report any noncompliance which may endanger public health or the environment. The f…

Rule 74:52:03:08 Anticipated bypass allowed. 74:52:03:08. Anticipated bypass allowed. An anticipated bypass which causes the effluent limitations to be exceeded is prohibited, and the secretary may take enforcement action against a permittee for a bypass, unless the secretary app…