South Dakota Administrative Code

Rule 74:52:06:04 Special considerations. 74:52:06:04. Special considerations. The following special considerations apply to the secondary treatment requirements: (1) The POTWs subject to this chapter may not be capable of meeting the percentage removal requirements established un…

Rule 74:52:06:05 Sampling and test procedures. 74:52:06:05. Sampling and test procedures. Sampling and test procedures for pollutants listed in this chapter must be in accordance with guidelines in 40 C.F.R. Part 136 as it existed on July 1, 2016. Chemical oxygen demand (COD) or …

Rule 74:52:07:01 Criteria and standards for surface water discharge permits. 74:52:07:01. Criteria and standards for surface water discharge permits. The criteria and standards for surface water discharge permits are those in 40 C.F.R. Part 125, Subparts A, B, C, D, H, I, J, K, a…

Rule 74:52:08:01 Toxic pollutant effluent standards for surface water discharge permits. 74:52:08:01. Toxic pollutant effluent standards for surface water discharge permits. The toxic pollutant effluent standards for surface water discharge permits are those in 40 C.F.R. Part 129…

Rule 74:52:09:01 Standards for use or disposal of sewage sludge for surface water discharge permits. 74:52:09:01. Standards for use or disposal of sewage sludge for surface water discharge permits. The standards for the use or disposal of sewage sludge for surface water discharge…

Rule 74:52:10:01 Effluent guidelines and standards for surface water discharge permits and pretreatment industrial users. 74:52:10:01. Effluent guidelines and standards for surface water discharge permits and pretreatment industrial users. The effluent guidelines and standards fo…

Rule 74:52:11:01 Pretreatment regulations. 74:52:11:01. Pretreatment regulations. The South Dakota pretreatment regulations are those in 40 C.F.R. Part 403 (July 1, 2016) with the following substitutions: (1) Substitute "SDCL 34A-2-94" for all federal regulation references to "40…

Rule 74:52:11:02 Repealed. 74:52:11:02. Right of entry. Repealed. Source: 20 SDR 33, effective September 5, 1993; transferred from § 74:03:26:01.01, July 1, 1996; 44 SDR 98, effective December 11, 2017.

Rule 74:52:11:03 State-run pretreatment programs. 74:52:11:03. State-run pretreatment programs. Any POTW or combination of POTWs operated by the same authority required to develop a pretreatment program may request the secretary to assume POTW pretreatment program requirements as…

Rule 74:52:11:04 Permit applicability. 74:52:11:04. Permit applicability. The conditions established in §§ 74:52:11:01 to 74:52:11:15, inclusive, are applicable to all PIU permits. A significant industrial user who discharges or proposes to discharge to a POTW and who does not ha…

Rule 74:52:11:05 Procedures for processing PIU permits. 74:52:11:05. Procedures for processing PIU permits. Procedures for processing PIU permits are the same as those for processing surface water discharge permits in chapters 74:52:04 and 74:52:05. Source: 19 SDR 122, effective …

Rule 74:52:11:06 Time to apply for new facilities. 74:52:11:06. Time to apply for new facilities. A significant industrial user proposing a discharge to a POTW shall submit an application for a PIU permit at least 180 days before the date on which the discharge is to commence, un…

Rule 74:52:11:07 PIU permit renewals. 74:52:11:07. PIU permit renewals. A PIU permittee must reapply for a permit at least 180 days before the existing permit expires. Source: 19 SDR 122, effective February 21, 1993; transferred from § 74:03:26:10, July 1, 1996. General Authority…

Rule 74:52:11:08 Continuation of expired permits. 74:52:11:08. Continuation of expired permits. The conditions of an expired permit continue in force until the effective date of a new permit if the permittee has submitted a complete and timely application for a new permit under §…

Rule 74:52:11:09 Review of applications. 74:52:11:09. Review of applications. The secretary may not begin processing as PIU permit before receiving a complete application. A permit application is complete when the secretary receives a signed application form with supplemental inf…

Rule 74:52:11:10 Information requirements. 74:52:11:10. Information requirements. An applicant for PIU permit must provide the information specified at 40 C.F.R § 403.12(b) (July 1, 2016) to the secretary, using the application form provided by the secretary. Source: 19 SDR 122, …

Rule 74:52:11:11 Service of process. 74:52:11:11. 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 section is the address at which the …

Rule 74:52:11:12 Signatory requirements for reports. 74:52:11:12. Signatory requirements for reports. Each report required by a permit and other information requested by the secretary must be signed by a person described in 40 C.F.R. § 403.12 (July 1, 2016). A person is a duly au…

Rule 74:52:11:13 Changes to signatory authorization. 74:52:11:13. Changes to signatory authorization. If an authorization under § 74:52:11:12 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new autho…

Rule 74:52:11:14 Certification. 74:52:11:14. Certification. 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 supervision in accordance w…

Rule 74:52:11:15 PIU permit conditions. 74:52:11:15. PIU permit conditions. PIU permit conditions are the same as those in chapter 74:52:03 for surface water discharge permits. Additional conditions for PIU permits are contained in § 74:52:11:16. Source: 19 SDR 122, effective Feb…

Rule 74:52:11:16 Additional permit conditions. 74:52:11:16. Additional permit conditions. In addition to the conditions required by § 74:52:11:15, the secretary shall establish PIU permit conditions as required in 40 C.F.R. §§ 403.8(f)(1)(iii)(B)(1-6) and on a case by case basis …

Rule 74:52:12:01 Definitions. 74:52:12:01. Definitions. Words and phrases defined in SDCL 34A-2-2, have the same meaning when used in chapter 74:52:12. Terms and abbreviations that are not specifically defined must be construed in conformance with the context and in relation to t…

Rule 74:52:12:02 Sector J annual fees. 74:52:12:02. Sector J annual fees. The owner or operator of a sector J industrial site that is required to operate under a general water pollution control permit for stormwater discharges associated with industrial activities shall pay an an…

Rule 74:52:12:03 Other industrial sector sites fees. 74:52:12:03. Other industrial sector sites fees. The owner or operator of an industrial site that is required to operate under a general water pollution control permit for stormwater discharges associated with industrial activi…

Rule 74:52:12:04 Annual fee due date. 74:52:12:04. Annual fee due date. The annual fee for each industrial site that is required to operate a general water pollution control permit for stormwater discharges associated with industrial activities accrues on January 1 of each year a…

Rule 74:52:12:05 Maximum annual fee. 74:52:12:05. Maximum annual fee. The maximum annual fee for an owner with multiple industrial sites that are required to operate under a general water pollution control permit for stormwater discharges associated with industrial activities may…

Rule 74:53:01:01 Definitions. 74:53:01:01. Definitions. Words defined in SDCL 34A-2-2 have the same meaning when used in this chapter. In addition, terms used in this chapter mean: (1) "AWWA," American Water Works Association; (2) "Absorption bed," a subsurface absorption system …

Rule 74:53:01:02 Compliance with wastewater system requirements. 74:53:01:02. Compliance with wastewater system requirements. No person may install, construct, or operate a wastewater treatment or dispersal system or any other system for the treatment or disposal of human excreta…

Rule 74:53:01:03 Review of plans and specifications prior to construction. 74:53:01:03. Review of plans and specifications prior to construction. Plans and specifications for all installations which receive human excreta, other than a conventional individual on-site wastewater sy…

Rule 74:53:01:04 Existing systems not affected by this chapter -- Exceptions. 74:53:01:04. Existing systems not affected by this chapter -- Exceptions. On-site wastewater systems existing prior to February 28, 1975, are not subject to this chapter unless the systems are changed, …

Rule 74:53:01:05 Existing subdivisions and developments exempted from lot size requirements -- Proviso. 74:53:01:05. Existing subdivisions and developments exempted from lot size requirements -- Proviso. Housing subdivisions and housing developments platted before February 28, 19…

Rule 74:53:01:06 On-site wastewater systems to comply with rules. 74:53:01:06. On-site wastewater systems to comply with rules. All on-site wastewater systems designed for the reception and treatment of wastewater from premises including but not limited to homes, trailer courts, …

Rule 74:53:01:07 On-site wastewater systems prohibited when public wastewater systems are available. 74:53:01:07. On-site wastewater systems prohibited when public wastewater systems are available. No person may construct, install, or operate an on-site wastewater system where a …

Rule 74:53:01:08 Wastewater to receive primary treatment prior to discharge to absorption system. 74:53:01:08. Wastewater to receive primary treatment prior to discharge to absorption system. Wastewater shall pass through a septic tank, sedimentation tank, or aerobic system prior…

Rule 74:53:01:09 Types of treatment available to water-carriage wastewater systems. 74:53:01:09. Types of treatment available to water-carriage wastewater systems. An individual or small on-site water-carriage wastewater system may use any of the following types of treatment: (1)…

Rule 74:53:01:10 Unconventional systems to be used when water or electrical systems unavailable. 74:53:01:10. Unconventional systems to be used when water or electrical systems unavailable. Vault privies, chemical toilets, incinerator toilets, or composting units shall be used wh…

Rule 74:53:01:11 Abandoned systems to be disconnected, plugged, dismantled, pumped, removed, and filled. 74:53:01:11. Abandoned systems to be disconnected, plugged, dismantled, pumped, removed, and filled. Abandoned wastewater systems shall be disconnected from buildings or facil…

Rule 74:53:01:12 Wastewater not allowed to surface on ground or enter state waters -- Exception. 74:53:01:12. Wastewater not allowed to surface on ground or enter state waters -- Exception. No person may allow wastewater from an on-site system to be deposited upon the ground surf…

Rule 74:53:01:13 Wastewater not to be discharged into unused wells, gravel pits, or rock formations. 74:53:01:13. Wastewater not to be discharged into unused wells, gravel pits, or rock formations. Wastewater, treated or untreated, shall not be discharged into any abandoned or un…

Rule 74:53:01:14 On-site wastewater treatment system design and type considerations. 74:53:01:14. On-site wastewater treatment system design and type considerations. The designer of each on-site wastewater treatment system must take into consideration the distance from any produc…

Rule 74:53:01:15 Separation required above groundwater or geological formations. 74:53:01:15. Separation required above groundwater or geological formations. There shall be at least 4 feet of soil between an absorption bed, trench, or seepage pit bottom, the lowest construction j…

Rule 74:53:01:16 Minimum lot size required. 74:53:01:16. Minimum lot size required. A water-carriage wastewater system may not be installed or operated on a lot which is smaller than 20,000 square feet in surface area. A water-carriage wastewater system may not be installed or op…

Rule 74:53:01:17 Drainage not to enter wastewater systems. 74:53:01:17. Drainage not to enter wastewater systems. Drainage and runoff from footings, roofs, and groundwater sump pumps shall not be allowed to enter an on-site wastewater system. Absorption systems shall be located a…

Rule 74:53:01:18 Cesspools and pit privies prohibited. 74:53:01:18. Cesspools and pit privies prohibited. The construction of a cesspool or a pit privy is prohibited. The operation of a cesspool or a pit privy constructed after February 28, 1975, is prohibited. Source: 12 SDR 2, …

Rule 74:53:01:19 Distance between on-site wastewater system components and pertinent ground features. 74:53:01:19. Distance between on-site wastewater system components and pertinent ground features. All on-site wastewater system components shall be located and maintained in acco…

Rule 74:53:01:20 Wastewater flow capacity requirements of residential and nonresidential establishments. 74:53:01:20. Wastewater flow capacity requirements of residential and nonresidential establishments. All individual or small on-site wastewater treatment systems shall be desi…

Rule 74:53:01:21 Alternative method of determining wastewater flow capacity requirements for commercial or public service establishments. 74:53:01:21. Alternative method of determining wastewater flow capacity requirements for commercial or public service establishments. In lieu …

Rule 74:53:01:22 Alternative method of determining wastewater flow capacity requirements for public parks and marinas. 74:53:01:22. Alternative method of determining wastewater flow capacity requirements for public parks and marinas. In lieu of calculating the wastewater flow cap…

Rule 74:53:01:23 Design and construction requirements for septic tanks. 74:53:01:23. Design and construction requirements for septic tanks. The minimum design and construction requirements for septic tanks are as follows: (1) Septic tanks shall be watertight and constructed of du…