South Dakota Administrative Code

Rule 74:54:02:02 Applicant for groundwater discharge plan. 74:54:02:02. Applicant for groundwater discharge plan. The owner and operator of a new discharge facility that is not exempted by § 74:54:02:04 and facilities that discharges waste or pollutants that may move directly or …

Rule 74:54:02:03 Accidental leaks and spills or intentional dumping not considered for discharge plans. 74:54:02:03. Accidental leaks and spills or intentional dumping not considered for discharge plans. The board may not approve a groundwater discharge plan that would eliminate …

Rule 74:54:02:04 Exemptions from groundwater discharge plan. 74:54:02:04. Exemptions from groundwater discharge plan. The following do not require an approved groundwater discharge plan under this chapter: (1) Effluent or leachate which has been demonstrated to conform to the gro…

Rule 74:54:02:05 Separate groundwater discharge plan not required for certain activities. 74:54:02:05. Separate groundwater discharge plan not required for certain activities. The following do not require a separately approved groundwater discharge plan if the discharge activity …

74:54:02:06. Application requirements for groundwater discharge plan approval. The application for approval of a plan to discharge wastes or pollutants to groundwater shall include the following complete information: (1) The name and address of the owner and operator of the proje…

Rule 74:54:02:07 Secretary review. 74:54:02:07. Secretary review. The secretary shall review a groundwater discharge plan approval application for completeness. The secretary shall notify the owner and operator within 30 days after receipt of the application that the application …

Rule 74:54:02:08 Notice of recommendations -- Hearing. 74:54:02:08. Notice of recommendations -- Hearing. The secretary shall publish a notice of recommendations in a legal newspaper in the affected county within 120 days after the final determination of the procedural completene…

Rule 74:54:02:09 Board approval of application for groundwater discharge plan. 74:54:02:09. Board approval of application for groundwater discharge plan. The board may conditionally approve the groundwater discharge plan application by issuing all applicable permits described in …

Rule 74:54:02:10 Board disapproval of application for groundwater discharge plan. 74:54:02:10. Board disapproval of application for groundwater discharge plan. The board may disapprove the groundwater discharge plan application under any one or more of the following conditions: (…

Rule 74:54:02:11 Board issuance of water quality variance permit -- Exemptions. 74:54:02:11. Board issuance of water quality variance permit -- Exemptions. As partial approval of a groundwater discharge plan, the board may issue a water quality variance permit to degrade the grou…

Rule 74:54:02:12 Notice of recommendations for biennial review of water quality variance permit -- Hearing. 74:54:02:12. Notice of recommendations for biennial review of water quality variance permit -- Hearing. The secretary shall publish a notice of recommendations in a legal n…

Rule 74:54:02:13 Board issuance of groundwater discharge facility construction permit. 74:54:02:13. Board issuance of groundwater discharge facility construction permit. As partial approval of a groundwater discharge plan, the board may issue a groundwater discharge facility cons…

Rule 74:54:02:14 Secretary issuance of groundwater discharge permit. 74:54:02:14. Secretary issuance of groundwater discharge permit. As final approval of a groundwater discharge plan the secretary may issue a groundwater discharge permit for the discharge of any pollutant or com…

Rule 74:54:02:15 Groundwater discharge permit renewal. 74:54:02:15. Groundwater discharge permit renewal. The owner and operator of a groundwater discharge facility must apply for a groundwater discharge permit renewal at least 180 days before the existing permit expires by submi…

Rule 74:54:02:15.01 Groundwater discharge facility construction permit renewal. 74:54:02:15.01. Groundwater discharge facility construction permit renewal. The owner and operator of concentrated animal feeding operations as described in SDCL 34A-3A-24 must apply for a groundwater…

Rule 74:54:02:16 Termination of groundwater discharge plan by board. 74:54:02:16. Termination of groundwater discharge plan by board. A groundwater discharge plan approval may be terminated or a renewal denied by the board if one of the following applies: (1) Noncompliance by the…

Rule 74:54:02:17 Perimeter of operational pollution (POP). 74:54:02:17. Perimeter of operational pollution (POP). The board may issue a water quality variance permit for a perimeter of operational pollution (POP) which meets the requirements of this chapter within which groundwat…

Rule 74:54:02:18 Ambient water quality determination. 74:54:02:18. Ambient water quality determination. The ambient water quality contaminant concentrations shall be determined prior to and specified at the time the groundwater discharge permit is issued provided that no data pri…

Rule 74:54:02:19 Notice of commencement and discontinuance of groundwater discharge operations. 74:54:02:19. Notice of commencement and discontinuance of groundwater discharge operations. This section applies to all discharge operations and to all discharge projects. The owner an…

Rule 74:54:02:20 Periodic submission of monitoring reports to secretary. 74:54:02:20. Periodic submission of monitoring reports to secretary. Reports of results obtained pursuant to any monitoring requirements in the discharge plan and the methods used to obtain these results sha…

Rule 74:54:02:21 Reporting of mechanical problems or discharge system failures. 74:54:02:21. Reporting of mechanical problems or discharge system failures. The operator of a groundwater discharge facility shall immediately notify the secretary of any mechanical or discharge syste…

Rule 74:54:02:22 Correction of adverse effects required. 74:54:02:22. Correction of adverse effects required. If monitoring or testing indicates that the permit conditions may be or are being violated by groundwater discharge operations, the owner and operator of the discharge op…

Rule 74:54:02:23 Minor modification of discharge plans. 74:54:02:23. Minor modification of discharge plans. The secretary, with the consent of the owner and operator of the discharge facility, may modify a discharge plan to make corrections or allowances for changes in the permit…

Rule 74:54:02:24 Transfer of groundwater discharge plan. 74:54:02:24. Transfer of groundwater discharge plan. If production levels, products produced, rates of discharge, and wastewater characteristics will remain unchanged, groundwater discharge plan may be automatically transfe…

Rule 74:54:02:25 Report of spills, leaks, and accidental releases to secretary. 74:54:02:25. Report of spills, leaks, and accidental releases to secretary. Any spill, leak, or accidental release which threatens waters of the state must be immediately reported to the secretary by …

Rule 74:54:02:26 Determination of probable out-of-compliance status. 74:54:02:26. Determination of probable out-of-compliance status. Determination of probable out-of-compliance status shall be based on the sample value for any one groundwater contaminant that exceeds the permitt…

Rule 74:54:02:27 Probable out-of-compliance status monitoring. 74:54:02:27. Probable out-of-compliance status monitoring. An accelerated schedule of monitoring is required upon determination of probable out-of-compliance status. The accelerated schedule requires monthly sampling …

Rule 74:54:02:28 Out-of-compliance status. 74:54:02:28. Out-of-compliance status. Out-of-compliance status shall be based upon two consecutive samples which exceed the permitted allowable limit by two standard deviations as calculated for the groundwater contaminant at the compli…

Rule 74:55:01:01 Definitions. 74:55:01:01. Definitions. Terms used in this chapter mean: (1) "Abandoned well," a well whose use has been permanently discontinued or which is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes, …

Rule 74:55:01:02 Class III injection wells subject to the provisions of this chapter. 74:55:01:02. Class III injection wells subject to the provisions of this chapter. A Class III injection well for the in situ mining of uranium minerals shall comply with the provisions of this c…

Rule 74:55:01:03 Permit required for well injection -- Plans and specifications required. 74:55:01:03. Permit required for well injection -- Plans and specifications required. No person may begin injection or construction, installation, modification, or operation of a facility wh…

Rule 74:55:01:04 Date of application for new wells. 74:55:01:04. Date of application for new wells. Operators of a new injection well shall submit a complete application at least 270 days before the date construction is expected to begin unless the new well is covered by an area …

Rule 74:55:01:05 Signatories of permit application. 74:55:01:05. Signatories of permit application. All permit applications shall be signed as follows: (1) For a corporation: by a principal executive officer of at least the level of vice president; (2) For a partnership or sole p…

Rule 74:55:01:06 Qualifications for duly authorized representative of signatory. 74:55:01:06. Qualifications for duly authorized representative of signatory. All reports shall be signed by a duly authorized representative of the official signatory or by the official signatory. A …

Rule 74:55:01:07 Certification requirements of signatory. 74:55:01:07. Certification requirements of signatory. A person signing a permit application or report shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar …

Rule 74:55:01:08 Duration of permits. 74:55:01:08. Duration of permits. A permit for a well may be effective for up to five years. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:08, July 1, 1996; 34 SDR 2…

Rule 74:55:01:09 Permit transfer. 74:55:01:09. Permit transfer. Permits may be transferred from a permittee to another person by providing written notice to the secretary at least 90 days before the proposed transfer. The permittee must submit the following information to the sec…

Rule 74:55:01:10 Issuance of area permit. 74:55:01:10. Issuance of area permit. A permit may be issued for an area, rather than for each individual well, provided that the injection wells meet the following requirements: (1) They are described and identified by location in the pe…

Rule 74:55:01:11 Authorizing new injection wells under area permit. 74:55:01:11. Authorizing new injection wells under area permit. The area permit may authorize the permittee to construct and operate new injection wells within the permit area provided the following requirements …

Rule 74:55:01:12 Secretary's recommendation on permit applications. 74:55:01:12. Secretary's recommendation on permit applications. After reviewing the application and any other pertinent information, the secretary shall recommend in writing to the board, including the reasons fo…

Rule 74:55:01:13 Notice of recommendation. 74:55:01:13. Notice of recommendation. The secretary shall mail a copy of the recommendation to the applicant, board members, and county commissioners for the county in which the proposed permit area lies, along with a copy of the newspa…

Rule 74:55:01:14 Recommendation becomes final if uncontested. 74:55:01:14. Recommendation becomes final if uncontested. The secretary's recommendation shall be the final decision of the board and a proposed permit shall be considered as having been approved by the board unless a …

Rule 74:55:01:15 Contents of petition. 74:55:01:15. Contents of petition. Contents of petition shall conform to the requirements of chapter 74:50:02. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:15, Jul…

Rule 74:55:01:16 Intervention. 74:55:01:16. Intervention. Intervention shall conform to the requirements of chapter 74:50:02. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:16, July 1, 1996; 34 SDR 279, e…

Rule 74:55:01:17 Answers to petitions. 74:55:01:17. Answers to petitions. Answer to petition shall conform to the requirements of chapter 74:50:02. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:17, July …

Rule 74:55:01:18 Filing procedures. 74:55:01:18. Filing procedures. Filing procedures shall conform to the requirements of chapter 74:50:02. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:18, July 1, 1996…

Rule 74:55:01:19 Hearing date. 74:55:01:19. Hearing date. Hearing date shall conform to the requirements of chapter 74:50:02. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:19, July 1, 1996; 34 SDR 279, e…

Rule 74:55:01:20 Notice of hearing. 74:55:01:20. Notice of hearing. Notice of hearing shall conform to the requirements of chapter 74:50:02. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:20, July 1, 1996…

Rule 74:55:01:21 Compliance schedule for permit conditions. 74:55:01:21. Compliance schedule for permit conditions. A compliance schedule for permit conditions shall be set by the secretary not to exceed three years following the effective date of the permit. If the compliance sc…

Rule 74:55:01:22 Information not considered confidential. 74:55:01:22. Information not considered confidential. The name and address of the permit applicant or permittee, information which deals with the existence, absence, or level of contaminants in drinking water, and the loca…