South Dakota Administrative Code

Rule 74:52:03:09 Unanticipated bypass reporting. 74:52:03:09. Unanticipated bypass reporting. An unanticipated bypass must be reported to the secretary as soon as possible, but no later than 24 hours after the permittee first became aware of the circumstances. A written submissio…

Rule 74:52:03:10 Upsets. 74:52:03:10. Upsets. A permittee who wishes to establish the affirmative defense of an upset must demonstrate, through signed, contemporaneous operating logs or other relevant evidence that the following happened: (1) An upset occurred and the permittee c…

Rule 74:52:03:11 Additional reporting conditions applicable to existing manufacturing, commercial, mining, and silvicultural dischargers. 74:52:03:11. Additional reporting conditions applicable to existing manufacturing, commercial, mining, and silvicultural dischargers. Existing…

Rule 74:52:03:12 Additional reporting conditions applicable to publicly owned treatment works. 74:52:03:12. Additional reporting conditions applicable to publicly owned treatment works. All POTWs must provide notice to the secretary of any new introduction of pollutants into the …

Rule 74:52:03:13 Additional permit conditions. 74:52:03:13. Additional permit conditions. In addition to the conditions required under §§ 74:52:03:01 to 74:52:03:12, inclusive, in all permits, the secretary shall establish conditions case-by-case to provide for and assure complia…

Rule 74:52:03:14 Effluent limitations to be applied to outfall. 74:52:03:14. Effluent limitations to be applied to outfall. All permit effluent limitations, standards, and prohibitions shall be established for each outfall or discharge point of the permitted facility, except as o…

Rule 74:52:03:15 Calculation of production-based limits. 74:52:03:15. Calculation of production-based limits. Except in the case of POTWs, calculation of any permit limits, standards, or prohibitions which are based on production or another measure of operation shall not be based…

Rule 74:52:03:16 Effluent limits for metals. 74:52:03:16. Effluent limits for metals. All permit effluent limits, standards, or prohibitions for a metal shall be expressed in terms of "total recoverable metal" as defined in 40 C.F.R. Part 136 (July 1, 2016) except under one or mo…

Rule 74:52:03:17 Effluent limits for continuous discharges. 74:52:03:17. Effluent limits for continuous discharges. For continuous discharges, all permit effluent limits, standards, and prohibitions, including those necessary to achieve water quality standards, shall, unless impr…

Rule 74:52:03:18 Permit conditions for noncontinuous discharges. 74:52:03:18. Permit conditions for noncontinuous discharges. Permit conditions for noncontinuous discharges shall be particularly described and limited, considering the following factors, as applicable: (1) Frequenc…

Rule 74:52:03:19 Mass limits. 74:52:03:19. Mass limits. All pollutants limited in permits for continuous discharges shall have limits, standards, or prohibitions expressed in terms of mass except: (1) For pH, temperature, radiation, or other pollutants which cannot be expressed b…

Rule 74:52:03:20 Effluent limits for internal waste streams. 74:52:03:20. Effluent limits for internal waste streams. If permit effluent limits or standards imposed at the point of discharge are impractical or infeasible, effluent limits or standards for discharges of pollutants …

Rule 74:52:03:21 Permit duration. 74:52:03:21. Permit duration. The effective duration of a permit shall be established as follows: (1) Permits shall be effective for a fixed term not to exceed five years; (2) Except as provided in § 74:52:01:12, the term of the permit may not be…

Rule 74:52:03:22 Compliance schedules and deadlines. 74:52:03:22. Compliance schedules and deadlines. A permit may, if applicable, specify a schedule of compliance leading to compliance with the CWA, this article, and article 74:51. The first permit issued to a new source or a ne…

Rule 74:52:03:23 Interim dates for compliance schedules. 74:52:03:23. Interim dates for compliance schedules. Except as provided in § 74:52:03:25, if a permit establishes a schedule of compliance for which completion exceeds one year from the date of permit issuance, the schedule…

Rule 74:52:03:24 Reporting required for schedules of compliance. 74:52:03:24. Reporting required for schedules of compliance. The permittee shall notify the secretary in writing of its compliance with the interim or final requirements or shall submit progress reports no later tha…

Rule 74:52:03:25 Alternative schedules of compliance. 74:52:03:25. Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities. The permit may be modified to contain a schedule leading to timely cessation of activities. If the de…

Rule 74:52:03:26 Requirements for monitoring. 74:52:03:26. Requirements for monitoring. All permits shall specify the following requirements to ensure representative and accurate results: (1) Requirements concerning the use, maintenance, and installation of monitoring equipment o…

Rule 74:52:03:27 Net effluent limits. 74:52:03:27. Net effluent limits. If part of a discharger's process wastewater is not being discharged into waters of the state because it is disposed into a well, into a POTW, or by land application thereby reducing the flow or level of poll…

Rule 74:52:03:28 Net effluent limits not applicable under certain conditions. 74:52:03:28. Net effluent limits not applicable under certain conditions. Section 74:52:03:27 does not apply to the extent that promulgated effluent control concentrations of pollutants discharged but n…

Rule 74:52:04:01 Transfer of permit. 74:52:04:01. Transfer of permit. A permit may be transferred to a new owner or operator only if the permit has been modified or has been revoked and reissued. The reissued or modified permit shall incorporate other requirements, as necessary, …

Rule 74:52:04:02 Automatic transfers allowed with conditions. 74:52:04:02. Automatic transfers allowed with conditions. A permit may be automatically transferred to a new permittee if the current permittee notifies the secretary at least 30 days in advance of the proposed transfe…

Rule 74:52:04:03 Modification or revocation and reissuance of permits. 74:52:04:03. Modification or revocation and reissuance of permits. If cause exists, the secretary may modify or revoke and reissue a permit, subject to the limitations in this section. If a permit is modified,…

Rule 74:52:04:04 Causes for modification. 74:52:04:04. Causes for modification. The following are causes for modification of permits: (1) Material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance justify the appli…

Rule 74:52:04:05 Causes for modification or revocation and reissuance. 74:52:04:05. Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, to revoke and reissue a permit: (1) Cause exists for termination under § 74:52:04:07. Th…

Rule 74:52:04:06 Minor modifications of permits. 74:52:04:06. Minor modifications of permits. Upon consent of the permittee, the secretary may modify a permit to make the corrections or allowances for changes in the permitted activities that are listed in this section without fol…

Rule 74:52:04:07 Termination of permits. 74:52:04:07. Termination of permits. The following are causes for terminating a permit during its term or for denying a permit renewal application: (1) Noncompliance by the permittee with any condition of the permit; (2) The permittee's fa…

Rule 74:52:05:01 Complete application required. 74:52:05:01. Complete application required. The secretary shall not begin processing a permit until the applicant has fully complied with all application requirements. Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effe…

Rule 74:52:05:02 Secretary to review application for completeness. 74:52:05:02. Secretary to review application for completeness. The secretary shall review each application for completeness. An application for a new source or a new discharger shall be reviewed for completeness b…

Rule 74:52:05:03 Refusal to correct application deficiency grounds for permit denial. 74:52:05:03. Refusal to correct application deficiency grounds for permit denial. If an applicant fails or refuses to correct deficiencies in the application, the permit will be denied. Source: …

Rule 74:52:05:04 Notice for application denial. 74:52:05:04. Notice for application denial. Once an application is complete and the secretary tentatively decides to deny the permit application, the secretary shall issue a notice of intent to deny the application. A notice of inte…

Rule 74:52:05:05 Secretary to prepare proposed permit upon approval of application. 74:52:05:05. Secretary to prepare proposed permit upon approval of application. If the secretary tentatively decides to issue a SWD permit or general permit, the secretary shall prepare a proposed…

Rule 74:52:05:06 Public notice -- Proposed permit and statement of basis. 74:52:05:06. Public notice -- Proposed permit and statement of basis. The secretary shall give notice to the public of proposed permits prepared under this chapter and shall make them available for public c…

Rule 74:52:05:07 Contents of statement of basis. 74:52:05:07. Contents of statement of basis. A statement of basis shall be prepared for each proposed permit. The statement of basis shall briefly set forth the principal facts and the legal, methodological, and policy questions co…

Rule 74:52:05:08 Public notice of permit actions required. 74:52:05:08. Public notice of permit actions required. The secretary shall give public notice that the following actions have occurred: (1) A permit application has been tentatively denied; (2) A statement of basis and pr…

Rule 74:52:05:09 Public notice not required for denial of request for modifications, revocation and reissuance, or termination of a permit. 74:52:05:09. Public notice not required for denial of request for modification, revocation and reissuance, or termination of a permit. Publi…

Rule 74:52:05:10 Public notices for more than one action. 74:52:05:10. Public notices for more than one action. Public notices may describe more than one permit or permit action. Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:03:21:15, July 1, 1996. General…

Rule 74:52:05:11 At least 30 days allowed for public comment on the preparation of a proposed permit. 74:52:05:11. At least 30 days allowed for public comment on preparation of proposed permit. Public notice of the preparation of a proposed permit, including a notice of intent to…

Rule 74:52:05:12 At least 30 days public notice required for contested case hearing. 74:52:05:12. At least 30 days public notice required for contested case hearing. Public notice of a contested case hearing must be given at least 30 days before the hearing. Public notice of the …

Rule 74:52:05:13 Methods of public notice. 74:52:05:13. Methods of public notice. Public notice of activities described in this chapter shall be given by the following methods: (1) By mailing a copy of a notice to the following persons (a person otherwise entitled to receive noti…

Rule 74:52:05:14 Contents of public notice for proposed permit. 74:52:05:14. Contents of public notice for proposed permit. A public notice for a proposed permit shall contain the following information: (1) Name and address of the office processing the permit action for which not…

Rule 74:52:05:15 Public comments -- Request for contested case hearing. 74:52:05:15. Public comments -- Request for contested case hearing. During the public comment period, any interested person may submit written comments on the proposed permit and may request a contested case …

Rule 74:52:05:16 Obligation to raise issues and provide information during the public comment period. 74:52:05:16. Obligation to raise issues and provide information during the public comment period. If a person, including applicants, believes that any condition of the proposed p…

Rule 74:52:05:17 Contents of public notices for hearings. 74:52:05:17. Contents of public notices for hearings. In addition to the general public notice described in § 74:52:05:14, the public notice of a hearing shall contain the following information: (1) Reference to the date o…

Rule 74:52:05:18 Issuance of final decision -- Notice to interested persons. 74:52:05:18. Issuance of final decision -- Notice to interested persons. After the close of the public comment period on a proposed permit, a final permit decision shall be issued by the secretary. The s…

Rule 74:52:05:19 Effective date of permit. 74:52:05:19. Effective date of permit. The final permit decision is effective 30 days after the service of notice of the decision except under the following circumstances: (1) A later effective date is specified in the decision; (2) A he…

Rule 74:52:05:20 Response to comments. 74:52:05:20. Response to comments. At the time that any final permit is issued, the secretary shall issue a response to all written comments received during the period of public notice. Source: 14 SDR 86, effective December 24, 1987; transfe…

Rule 74:52:06:01 Definitions. 74:52:06:01. Definitions. The following definitions are applicable to secondary treatment standards: (1) "Seven-day average," the arithmetic mean of pollutant parameter values of samples collected in a period of seven consecutive days; (2) "30-day av…

Rule 74:52:06:02 Purpose. 74:52:06:02. Purpose. This chapter provides regulations on the level of effluent quality which must be attained by a POTW through the application of secondary or equivalent treatment. Source: 14 SDR 86, effective December 24, 1987; transferred from § 74:…

Rule 74:52:06:03 Secondary treatment. 74:52:06:03. Secondary treatment. The following limitations describe the minimum level of effluent quality attainable by secondary treatment: (1) The BOD5 30-day average shall not exceed 30 mg/L, the BOD5 seven-day average shall not exceed 45…