South Dakota Administrative Code

Rule 74:56:03:25 Additional site investigation. 74:56:03:25. Additional site investigation. Additional site investigation requirements are as follows: (1) When an investigation indicates that there may be additional soil contamination from the release or that contamination has re…

Rule 74:56:03:26 Cleanup of soil and waters of the state. 74:56:03:26. Cleanup of soil and waters of the state. Cleanup requirements for soil and waters of the state are as follows: (1) Owners or operators required by the department to develop and submit a corrective action plan …

Rule 74:56:03:27 AST systems temporarily removed from use. 74:56:03:27. AST systems temporarily removed from use. Requirements for AST systems temporarily removed from use are as follows: (1) Owners or operators of AST systems temporarily removed from use for less than three mont…

Rule 74:56:03:28 Permanent closure. 74:56:03:28. Permanent closure. Requirements for permanent closure are as follows: (1) Tanks removed from service longer than 24 months shall be permanently closed as follows: (a) Regulated substances, sludge, water, and sediment material shall…

Rule 74:56:03:29 Used AST systems. 74:56:03:29. Used AST systems. Any AST system which has been permanently closed may not be brought into use for the storage of regulated substances unless the tank is upgraded to meet requirements in §§ 74:56:03:04 and 74:56:03:09. AST systems s…

Rule 74:56:05:01 Definitions. 74:56:05:01. Definitions. Terms defined in SDCL chapters 34A-2 and 34A-12 and ARSD chapters 74:54:01, 74:54:02, 74:56:01, and 74:56:03 have the same meaning when used in this chapter unless they are defined otherwise. In addition, terms used in this …

Rule 74:56:05:02 Exposure pathway defined. 74:56:05:02. Exposure pathway defined. The course a chemical or physical agent takes from a source to an exposed organism. An exposure pathway describes a unique mechanism by which an individual or population is exposed to chemicals or p…

Rule 74:56:05:03 Corrective action preceding a Tier 1 assessment. 74:56:05:03. Corrective action preceding a Tier 1 assessment. If the department determines that a petroleum release is adversely affecting on-site or off-site receptors, the responsible person must implement correc…

Rule 74:56:05:04 Chemicals of concern. 74:56:05:04. Chemicals of concern. The responsible person must have soil samples from petroleum release sites analyzed for the following chemicals of concern. All chemicals of concern must be analyzed based on the nature of the product, usin…

Rule 74:56:05:05 Determination of total petroleum hydrocarbon concentration -- Method. 74:56:05:05. Determination of total petroleum hydrocarbon concentration -- Method. Petroleum-contaminated soils must be analyzed for total petroleum hydrocarbons by the California/United States…

Rule 74:56:05:06 Tier 1 assessments. 74:56:05:06. Tier 1 assessments. The responsible person must conduct Tier 1 assessments. A Tier 1 assessment is a risk-based analysis to develop values that are not site-specific for direct and indirect exposure pathways utilizing conservative…

Rule 74:56:05:07 Tier 1 action levels -- Criteria for calculation. 74:56:05:07. Tier 1 action levels -- Criteria for calculation. The department shall calculate Tier 1 action levels shown in Table 1 in this section based on the petroleum contamination in soil leaching to the grou…

Rule 74:56:05:08 Soils exceeding 500 parts per million total petroleum hydrocarbons. 74:56:05:08. Soils exceeding 500 parts per million total petroleum hydrocarbons. If total petroleum hydrocarbon concentrations in soil exceed 500 parts per million, the responsible person must in…

Rule 74:56:05:09 Corrective action or Tier 2 assessment required. 74:56:05:09. Corrective action or Tier 2 assessment required. If soil contaminant levels exceed Tier 1 action levels, the responsible person must submit a corrective action plan to the department for approval or, i…

Rule 74:56:05:10 Tier 2 assessments. 74:56:05:10. Tier 2 assessments. A Tier 2 assessment is a risk-based analysis applying the direct exposure values established under a Tier 1 assessment at the point or points of exposure developed for a specific site and development of values …

Rule 74:56:05:11 Tier 2 action levels -- Criteria. 74:56:05:11. Tier 2 action levels -- Criteria. The responsible person must calculate Tier 2 action levels based on actual site conditions, as follows: (1) Toxicity information must be obtained from sources consistent with EPA's "…

Rule 74:56:05:12 Corrective action or Tier 3 assessment required. 74:56:05:12. Corrective action of Tier 3 assessment required. If soil contaminant levels exceed the Tier 2 action levels, the responsible person must submit a corrective action plan to the department for approval o…

Rule 74:56:05:13 Tier 3 assessments. 74:56:05:13. Tier 3 assessments. A Tier 3 assessment is a risk-based analysis to develop values for potential direct and indirect exposure pathways at the point or points of exposure based on site-specific conditions. As part of a Tier 3 asses…

Rule 74:56:05:14 Tier 3 action levels -- Criteria. 74:56:05:14. Tier 3 action levels -- Criteria. The responsible person may calculate Tier 3 action levels with prior approval from the department and as specified below: (1) Toxicity information must be obtained from sources consi…

Rule 74:56:05:15 Monitoring wells may be required. 74:56:05:15. Monitoring wells may be required. Based on site conditions and the presence or suspected presence of groundwater contamination, the department may require the responsible person to install and sample monitoring wells…

Rule 74:56:05:16 Free phase product removal required. 74:56:05:16. Free phase product removal required. If assessment data indicates the presence of free phase product, the responsible person must immediately remove as much free phase product as practicable. Source: 22 SDR 86, ef…

Rule 74:56:05:17 Corrective action required. 74:56:05:17. Corrective action required. If assessment data indicates that petroleum vapors have the potential to adversely affect structures or utilities, the responsible person must determine if adverse affects have occurred. If adve…

Rule 74:56:05:18 Soil remediation or removal requirements. 74:56:05:18. Soil remediation or removal requirements. The responsible person must implement corrective action to reduce the risks associated with petroleum-contaminated soils according to the criteria listed in §§ 74:56:…

Rule 74:56:05:19 Visibly contaminated soil in the excavation area. 74:56:05:19. Visibly contaminated soil in the excavation area. All visibly contaminated soil in the excavation area must be removed and disposed of in accordance with article 74:27. Source: 17 SDR 37, effective Se…

Rule 74:56:05:20 Unrecoverable petroleum-contaminated soils. 74:56:05:20. Unrecoverable petroleum-contaminated soils. If visibly contaminated soils or contaminated soils that exceed the guidelines established in §§ 74:56:05:06 to 74:56:05:14, inclusive, are unrecoverable and left…

Rule 74:56:05:21 On-site storage of contaminated soils. 74:56:05:21. On-site storage of contaminated soils. The responsible person must dispose of all contaminated soils in accordance with article 74:27. If circumstances prohibit disposal within 72 hours after excavation, the res…

Rule 74:56:05:22 Off-site storage of contaminated soils. 74:56:05:22. Off-site storage of contaminated soils. The department may allow the responsible person to store contaminated soils off-site if the landowner signs an affidavit giving approval for the storage. Off-site storage…

Rule 74:56:05:23 Alternative storage of contaminated soils. 74:56:05:23. Alternative storage of contaminated soils. The department may allow other types of storage areas if they meet or exceed the requirements of this chapter. Source: 17 SDR 37, effective September 12, 1990; tran…

Rule 74:56:05:24 Closed-site data base. 74:56:05:24. Closed-site data base. The department shall maintain a data base of all closed petroleum-contaminated soils sites. The data base shall contain the location of the site, the persons responsible for the corrective action, and the…

74:57:01:01. Definitions. Words and phrases defined in SDCL chapter 34A-2 have the same meaning when used in this chapter. Terms used in this chapter mean: (1) "Manure management system," any piping, containment structures, or disposal appurtenances associated with the collection…

Rule 74:57:01:02 Scope. 74:57:01:02. Scope. The secretary may inspect all concentrated animal feeding operations, records, and reports necessary under SDCL chapter 34A-2 or this article. The scope of an inspection is limited to that reasonably necessary to ensure that pollution o…

Rule 74:57:01:03 Construction inspections. 74:57:01:03. Construction inspections. The owner or operator of any concentrated animal feeding operation that is required to operate under a general permit or individual water pollution control permit under SDCL chapter 34A-2 or is requ…

Rule 74:57:01:04 Annual inspections. 74:57:01:04. Annual inspections. At a minimum, the secretary shall conduct annual inspections of concentrated animal feeding operations permitted for a maximum number of animals which is two times the minimm threshold used to define a large co…

Rule 74:57:01:05 Triennial inspections. 74:57:01:05. Triennial inspections. The secretary shall conduct inspections of all concentrated animal feeding operations required to operate under a general or individual water pollution control permit under SDCL chapter 34A-2 at least one…

Rule 74:57:01:06 Closure inspections. 74:57:01:06. Closure inspections. The producer shall notify the secretary if coverage under a water pollution control permit is no longer necessary or if the feeding operation is no longer in operation. Upon receipt of this notice, the secret…

Rule 74:57:01:07 Permission. 74:57:01:07. Permission. For concentrated animal feeding operations, all applications for water pollution control permits or plans and specifications approvals shall contain a notarized statement by the owner or operator granting permission to the sec…

Rule 74:57:01:08 Search warrants. 74:57:01:08. Search warrants. The secretary shall obtain a search warrant from the magistrate court in the area of the affected concentrated animal feeding operation before conducting an inspection if the owner or operator has withdrawn permissio…

Rule 74:57:01:09 Enforcement. 74:57:01:09. Enforcement. Enforcement for concentrated animal feeding operations shall be in accordance with SDCL chapter 34A-2. Enforcement tools that may be used by the secretary, as appropriate, include warning letters, notice of violations, order…

Rule 74:57:01:10 Appeals process. 74:57:01:10. Appeals process. If the secretary recommends the revocation, suspension, or modification of a permit, the secretary shall give written notice of the action to the permit holder. The permit holder may request a hearing before the secr…