Permit No.: SD-0000078 

SOUTH DAKOTA DEPARTMENT OF ENVIRONMENT 

AND NATURAL RESOURCES 

JOE FOSS BUILDING 

523 EAST CAPITOL A VENUE 

PIERRE, SOUTH DAKOTA 57501-3181 

AUTHORIZATION TO DISCHARGE UNDER THE 

SURFAcE WATER DIScHARGE SYSTEM 

In compliance with theJi~~visionll,:oftheSouth Dakota iiat~r Po)jutioii·Control Act and the Administrative 

Rules of South Dakota (ARS9~'Chal_[te~s 9·ZI:52:0t through 14:52~:\cl., 

John Morrell and Compj!ny · 

is authorized to dischaljge IJiQj!lits;'p:tea\-Pl'£t~g ~.ilil¥ located1 in Sioux Fall;.-in Seilti~n'~, Township 101 North, 

Range 49 West (Latitt.t"<!e 4p 3-ii' .'jp.~; Lod_gillilf~?.6"i43'"12") 'r: ·· tiC\ ;;;;::; ~, £ 

to the Big Sioux Riv~r, 

Signed this 29th day of March, 2000. 

Nettie H. Myers 

Secretary 

Department of Environment and Natural Resources 

2005. 

Amended: July 5, 2000 

Effective: August I, 2000 
PART! 

Page 2 ol ~~' 

Permit No: SD-00060>78 

TABLE OF CONTENTS 

Cover Sheet--Issuance and Expiration Dates 

L Effluent Limits and Monitoring Requirements 

A, Definitions 

B. Description of Discharge Points 

C. Specific Limits and Self-Monitoring Requirements (Includes Compliance Schedules as 

Appropriate) 

II. Monitoring. Recording and Reporting Requirements 

A. Representative Sampling 

B. Monitoring Procedures 

C. Penalties for Tampering 

D. Reporting of Monitoring Results 

E. Compliance Schedules 

F. Additional Monitoring by the Permittee 

G. Records Contents 

H. Retention of Records 

I. Twenty-four Hour Notice ofNoncompliance Reporting 

J. Other Noncompliance Reporting 

K. Inspection and Entry 

IlL Compliance Responsibilities 

A. Duty to Comply 

B. Penalties for Violations of Permit Conditions 

C. Need to Halt or Reduce Activity not a Defense 

D. Duty to Mitigate 

E. Proper Operation and Maintenance 

F. Removed Substances 

G. Bypass of Treatment Facilities 

H. Upset Conditions 

I. Toxic Pollutants 

J. Changes in Discharge of Toxic Substances 

IV. General Requirements 

A. Planned Changes 

B. Anticipated Noncompliance 

C. Permit Actions 

D. Duty to Reapply 

E. Duty to Provide Information 

F. Other Information 

G. Signatory Requirements 

H. Penalties for Falsification of Reports 

L Availability ofReports 

J. Oil and Hazardous Substance Liability 

K. Property Rights 

L. Severability 

M. Transfers 

N _ Reopener Provision 

0. Toxicity Reopener Provision 
I. 

PART! ,- ( l 

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Page 3 of :LV 

Permit No: SD-0000078 

EFFLUENT LIMITS AND MONITORING REQUIREMENTS 

A. Defmitions. 

I. The "30-day (and monthly) average," other than for fecal coliform bacteria and total 

coliform bacteria, is the arithmetic average of all samples collected during a consecutive 

30-day period or calendar month, whichever is applicable. Geometric means shall be 

calculated for fecal coliform bacteria and total coliform bacteria. The calendar month 

shall be used for purposes of reporting self-monitoring data on discharge monitoring 

report forms. 

2. The "7-day (and weekly) average," is the arithmetic mean of all samples collected during 

a consecutive 7-day period or calendar week, whichever is applicable. The 7-day and 

weekly averages are applicable only to those effluent characteristics for which there are 

7-day average effluent limits. The calendar week which begins on Sunday and ends on 

Saturday, shall be used for purposes of reporting self-monitoring data on discharge 

monitoring report forms. Weekly averages shall be calculated for all calendar weeks 

with Saturdays in the month._ If a calendar week overlaps two months (i.e., the Sunday is 

in one month and the Saturday in the following month), the weekly average calculated 

for that calendar week shall be included in the data for the month that contains the 

Saturday. 

3. "Daily Maximum" ("Daily Max.") is the maximum value allowable in any single sample 

or instantaneous measurement. 

4. "Composite samples" shall be flow proportioned. The composite sample shall, as a 

minimum, contain at least four (4) samples collected over the compositing period. 

Unless otherwise specified, the time between the collection of the first sample and the 

last sample shall not be less than six (6) hours nor more than 24 hours. Acceptable 

methods for preparation of composite samples are as follows: 

a. Constant time interval between samples, sample volume proportional to flow 

rate at time of sampling; 

b. Constant time interval between samples, sample volume proportional to total 

flow (volume) since last sample. For the first sample, the flow rate at the time 

the sample was collected may be used; 

c. Constant sample volume, time interval between samples proportional to flow 

(i.e., sample taken every "X" gallons of flow); and, 

d. Continuous collection of sample, with sample collection rate proportional to 

flow rate. 
A, Defmitions (Continued) 

PAKll/, 

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Permit No: SD-0000078 

5. A "grab" sample, for monitoring requirements, is defined as a single "dip and take" 

sample collected at a representative point in the discharge stream. 

6. An "instantaneous" measurement, for monitoring requirements, is defmed as a single 

reading, observation, or measurement. 

7. "Upset11 means an exceptional incident in which there is unintentional and temporary 

noncompliance with technology-based permit effluent limits because of factors beyond 

the reasonable control of the permittee. An upset does not include noncompliance to the 

extent caused by operational error, improperly designed treatment facilities, inadequate 

treatment facilities, lack of preventive maintenance, or careless or improper operation. 

8. "Bypass" means the intentional diversion of waste streams from any portion of a 

treatment facility. 

9. "Severe property damage" means substantial physical damage to property, daroage to the 

treatment facilities which causes them to become inoperable, or substantial and 

permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. Severe property damage does not mean economic loss caused by 

delays in production. 

I 0. "Secretary" means the Secretary of the South Dakota Department of Environment and 

Natural Resources, or authorized representative. 

II. "SDDENR" means the South Dakota Department of Environment and Natural Resources. 

12. "Sewage Sludge" is any solid, semi-solid or liquid residue that contains materials 

removed from domestic sewage during treatment. Sewage sludge includes, but is not 

limited to, primary and secondary solids and sewage sludge products. 

13. "Acute Toxicity" occurs when 50 percent or more mortality is observed for either species 

(See Part LC.) at any effluent concentration. Mortality in the control must 

simultaneously be 10 percent or less for the effluent results to be considered valid. 

14. "Chronic Toxicity" occurs when the survival, growth, or reproduction, as applicable, for 

either test species, at the effluent dilution(s) designated in this permit (see Part LC.), is 

significantly less (at the 95 percent confidence level) than that observed for the control 

specrmens. 

15. "IC25" (inhibition concentration) is a point estimate of the toxicant concentration that 

would cause a 25% reduction in a nonlethal biological measurement of the test organism, 

such as reproduction or growth. 

16. "NOEC" (no observed effect concentration) is the highest tested concentration of an 

effluent or a toxicant at which no adverse effects are observed on the aquatic test 

organism at a specific time of observation. Determined using hypothesis testing. 
l'AKl J 

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Permit No: SD-0000078 

B. Description of Discharge Points 

The authorization to discharge provided under this permit is limited to those outfalls specifically 

designated below as discharge locations. Discharges at any location not authorized under a SWD 

permit is a violation of the South Dakota Water Pollution Control Act and could subject the 

person{s) responsible for such discharge to penalties under Section 34A-2-75 of the Act. 

Knowingly discharging from an unauthorized location or failing to report an unauthorized 

discharge within a reasonable time from the first learning of an unauthorized discharge could 

subject such person to criminal penalties as provided under the South Dakota Water Pollution 

Control Act. 

Outfall 

Serial Number 

001 

Description of Discharge Point 

Any discharge from the wastewater treatment facility to the Big Sioux 

River, approximately 1/8 mile above the Big Sioux Diversion Ditch 

(Latitude 43" 34' 00", Longitude 96" 43' 11 ") 
PART! 

Page 6 or /-V 

Permit No: SD-0000078 

C. Specific Limits and Self-Monitoring Requirements 

1. Effluent Limits 

Effective immediately and lasting through the life of this permit, the quality of effluent discharged by 

the facility shall, as a minimum, meet the limits as set forth below: 

- Effiuehl Limit - Effid~nt CharacteristiC.- __ , - - , - : i -40-Day A yerage 1 Dally Maximum 1 

/ BOD,, lbs/day 

' Spring (April- May) 1000 1,849 v 

Summer (June- August) 667 1,849 j 

Fall (September- October) 1000 1,849 

/Winter (November- March) 1000 1,849 

Total Suspended Solids, lbs/day 1,100 2,200 

200 400 

Fecal Coliform, no_/100 mL 1 

(May I - Sept_ 30) (Year-round) 

J Ammonia-Nitrogen, lbs/day (as N) 

"'Spring (April- May) I 70 I 123 

J Summer (June- August) I 58 I 102 

/Fall (September- October) I 75 I 131 

'Winter (November- March) 163 285 

j , Dissolved Oxygen, mg/L -

Spring (April- May) 5.0 3 

Summer (June- August) NIA 5.0 3 

Fall (September- October) 5.0 3 

Winter (November- March) 5.0 3 

Total Residual Chlorine, mg!L 4 (applicable only if NIA 0.019 effluent is chlorinated) 

J 

i, ubi! and grease 352 lbs/day 10 mg!L 

' The pH of the discharge shall not be less than 6.5 units nor greater than 9.0 units in any sample. 

J The discharge shall not impart a visible film or sheen to the surface of the water or to tbe adjoining shorelines. 

v There shall be no Chronic Toxicity, as described in Part LC.3. 

1 See Definitions, Part LA. 

1 Fecal Coliform organisms from May I to September 30 may not exceed a concentration of200 per 100 milliliters 

as a geometric mean based on a minimum of 5 samples obtained during separate 24-hour periods for any 30-day 

period, and they may not exceed this value in more than 20 percent of the samples examined in this 30-day period. 

They may not exceed 400 per 100 milliliters in any one sample. This limit shall apply year-round. 

1 The dissolved oxygen limit applies as a daily minimum_ 

4 Total residual chlorine measurements below 0.05 mg!L shall not be considered violations of the total residual 

chlorine limit. 
PAKr" 

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Page' ' v,_ 20 

Permit No: SD-0000078 

C. Specific Limits and Self-Monitoring Requirements 

2. Self-Monitoring Requirements - Outfall 001 

As a minimum, upon the effective date of this permit, the following parameters shall be 

monitored at the frequency and with the type of measurement indicated; samples or 

measurements shall be representative of the volume and nature of the monitored discharge. If 

no discharge occurs during the entire monitoring period, it shall be stated on the Discharge 

Monitoring Report Form (EPA No. 3320-1) that no discharge or overflow occurred . 

li.ffii.r~i!t Chi>1"l!~teristic .·• .. ... Frequency ·.··· 

·. Reporting VIII!Jes ( •••• _.S~~~le~~~ 

Rate of Discharge, MGD Continuous daily maximum; Instantaneous 

30-day average 

presence or absence 

Oil and Grease, mg/L Daily of sheen; daily Visual/Grab 2 

maximum 

Oil and Grease, mg!L Weekly daily maximum Grab 2 

Oil and Grease, lbs/day 8 Monthly 30-day average Calculated 

pH, standard units ' Daily daily minimum; Instantaneous 3 

daily maximum 

Total Residual Chlorine, mg/L 

(Required only if the effluent is Daily daily maximum 4 Grab 

chlorinated) 

Dissolved Oxygen, mg/L Five times per week daily minimum Grab 

Five-Day Biochemical Oxygen Five times per week daily maximum; Composite Demand, mg!L 30-day average 

Five-Day Biochemical Oxygen As sample results are daily maximum; Calculated 

Demand, lbs/day 8 received 30-day average 

Total Suspended Solids, mg!L Five times per week daily maximum; Composite 30-day average 

Total Suspended Solids, lbs/day 8 As sample results are daily maximum; Calculated 

received 30-day average 

1 See defmitions, Part I.A. of permit. 

2 The presence or absence of an oil sheen shall be visually monitored. In the event that an oil sheen or 

floating oil is observed during discharge, grab samples shall be taken immediately, analyzed and reported. 

At a minimum, a sample shall be taken and analyzed weekly for oil and grease. 

3 pH is to be taken within 15 minutes of sample collection with a pH meter. The pH meter must be capable of 

simultaneous calibration to two points on the pH scale that bracket the expected pH and are approximately 

three standard units apart. The pH meter must read to 0.0 I standard units and be equipped with temperature 

compensation adjustment. 

4 SDDENR considers the analytical detection limit for total residual chlorine to be 0.05 mg!L and for 

ammonia to be 0.01 mg/L. lfthe effluent value is less than the analytical detection limit, "0" shall be used 

for reporting and averaging purposes. 

Amended: July 5, 2000 

Effective: August I, 2000 
PAJjV"' 

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Page o Jf20 

Permit No: SD-0000078 

C. Specific Limits and Self-Monitoring Requirements 

2" Self-Monitoring Requirements- Outfall 001 

EffluentChar,;;;teristic Frequency Rep~~ting Values 1 SampleType 1 

daily maximum; 

Fecal Coliform, no)IOO mL Five times per week 5 30-day geometric Grab 

mean 

Water Temperature, oc 7 Five times per week daily maximum; Instantaneous 6 

30-day average 

Ammonia-Nitrogen, mg/L (as N) 7 Three times per week daily maximum; 4 

Composite 30-day average 

Ammonia-Nitrogen, lbs/day (as N) 8 As sample results are daily maximum; Calculated 

received 30-day average 

Nitrates, mg/L (as N) daily maximum; Grab or 

Monthly 30-day average Composite 

FivecDay Carbonaceous Biochemical daily maximum; Grab or 

Oxygen Demand (CBOD5), mg!L Monthly 30-day average Composite 

Chronic Whole Effluent Toxicity Quarterly 9 see Part LC.3 Grab 

5 For fecal coliform, all samples collected in a 30-day period shall be used in determining the geometric 

mean. 

6 The water temperature of the effluent shall be taken as a field measurement at the time of sampling" 

Measurement shall be made with a mercury-filled, or dial type thermometer, or a thermistoL Readings 

shall be reported to the nearest whole degree Celsius. 

7 The pH and temperature of the effluent shall be determined during when ammonia samples are collected. 

8 Daily loading (lbs/day) shall be calcnlated by multiplying the discharge flow rate (million gallons per day) 

by the measured pollutant concentration {mg/L) times 834 (a conversion factor). 30-day average loading 

(lbs/day) shall be calculated by averaging the computed daily loadings (lbs/day). 

9 The permittee shall obtain and analyze a valid chronic whole effluent toxicity sample at least once during 

each calendar quarter. 

Amended: July 5, 2000 

Effective: August I, 2000 
PART! 

Page 9 ol LJ 

Permit No: SD-0000078 

C. Specific Limits and Self-Monitoring Requirements 

3. Whole Effluent Toxicity Testing- Chronic Toxicity 

Effective immediately, the permittee shall, at least once each quarter, conduct chronic short-term 

toxicity tests on the final effluent. If chronic toxicity is detected, an additional test shall be conducted 

within two weeks of the date of when the permittee learned of the test failure. The need for any 

additional samples shall be determined by the Secretary. 

The chronic toxicity tests shall be conducted in accordance with the procedures set out in the latest 

revision of "Short Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving 

Waters to Freshwater Organisms", EPA/600-4-91-002, July 1994, and the "Region Vlll EPA NPDES 

Chronic Test Conditions- Whole Effluent Toxicity". In case of conflicts, the Region VIII procedure 

will prevail. Test species shall consist of Ceriodaphnia dubia and Pimephales promelas (fathead 

minnows). A multi dilution test consisting of five concentrations and a control is required. The 

Secretary or EPA may require both species to be tested each quarter if effluent monitoring results 

indicate there is a concern. If test acceptability criteria is not met for control survival, growth, or 

reproduction, the test shall be considered invalid. 

Chronic toxicity occurs when, during a chronic toxicity test, the 25% inhibition concentration (IC25) 

calculated on the basis of test organism survival and growth or survival and reproduction, is less than 

or equal to the following eftluent concentrations: 

Season 

Spring (Apr- May) 

Summer (Jun- Aug) 

Fall (Sep- Oct) 

Winter (Nov - Mar) 

Chronic WET Test IC25 

36% 

36% 

48% 

47% 

Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the 

end of the calendar period during which the whole effluent test was run (e.g. results for the calendar 

quarter ending March 31 shall be reported with the DMR due April 28, with the remaining reports 

submitted with DMRs due each July 28, October 28, and January 28). Monthly test results shall be 

reported along with the DMR submitted for that month. The format for the report shall be consistent 

with the latest revision of the "Region VIII Guidance for Chronic Whole Eftluent Reporting", and 

shall include all the physical and chemical testing as specified. 

If the results for one year (four consecutive quarters) of whole effluent testing indicate no chronic 

toxicity, the permittee may request the permit issuing authority to allow the permittee to reduce testing 

frequency, and/or reduce testing to one species on an alternating basis, and/or modifY testing to the 

acute test program. The permit issuing authority may·approve, partially approve, or deny the request 

based on results and other available information. If approval is given, the modification will take place 

without a public notice. 
C. Specific Limits and Self-Monitoring Requirements 

4. Toxicity Reduction Evaluation (TRE) 

Toxicity Identification Evaluation (TIE) 

PART 

Page 10 of20 

Permit No: SD-0000078 

Should acute toxicity and/or chronic toxicity be detected in the permittee's discharge, a TIE-TRE shall 

be undertaken by the permittee to establish the cause of the toxicity, locate the source(s) of the 

toxicity, and develop control of, or treatment for the toxicity. Failure to initiate, or conduct an 

adequate TIE-TRE, or delays in the conduct of such tests, shall not be considered a justification for 

noncompliance with the whole effluent toxicity limits contained in Part I.C.l. of this permit. A TRE 

plan needs to be submitted to the permitting authority within 45 days after confiTillation of the 

continuance of effluent toxicity. 

5. Inspection Requirements 

The permittee shall inspect its wastewater treattnent facility on at least a daily basis. The inspection 

shall be conducted to determine if proper operation and maintenance procedures are being undertaken 

at the wastewater treattnent facility. The permittee shall maintain a notebook recording information 

obtained during the inspection. At a minirourn, the notebook shall include the following: 

a. Date and time of the inspection; 

b. Name of the inspector(s); 

c. Identification of operational problems and/or maintenance problems; 

d. Recommendations, as appropriate, to remedy identified problems; 

e. A brief description of any actions taken with regard to problems identified; and 

f. Other information, as appropriate. 

The permittee shall maintain the notebook in accordance with proper record-keeping procedures and 

shall make the notebook available for inspection, upon request, by the Secretary or the U.S. 

Environmental Protection Agency. 
PART I! 

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Page II of20 

Permit No: SD-0000078 

II. MONITORING, RECORDING AND REPORTING REQUIREMENTS 

A. Representative Sampling. Samples taken in compliance with the monitoring requirements 

established under Part I shall be collected from the effluent stream prior to discharge into the 

receiving waters. Samples and measurements shall be representative of the volume and nature of 

the monitored discharge. 

B. Monitoring Procedures. Monitoring must be conducted according to test procedures approved 

under ARSD 74:52:03:06, a.b.r. 40 CFR, Part 136, unless other test procedures have been 

specified in this permit. 

C. Penalties for Tampering. Any person who falsifies, tampers with, or knowingly renders 

inaccurate, any monitoring device or method required to be maintained under this permit shall, 

upon conviction, be punished by a Class 1 misdemeanor. In addition to a jail sentence authorized 

by SDCL 22-6-2, a Class I misdemeanor imposed by SDCL, Chapter 34A-2, is subject to a 

criminal fine not to exceed ten thousand dollars per day of violation. The violator is also subject 

to a civil penalty not to exceed ten thousand dollars per day of violation, for damages to the 

environment of this state, or both. 

D. Reporting of Monitoring Results. Effluent monitoring results obtained during the previous month 

shall be summarized and reported on a Discharge Monitoring Report Form (EPA No. 3320-1), 

postmarked no later than the 28th day of the month following the completed reporting period. If 

no discharge occurs during the reporting period, "no discharge" shall be reported. Whole effluent 

toxicity (biomonitoring) results must be reported on the most recent version of EPA Region VIII's 

Guidance For Whole Effluent Reporting. Legible copies of these, and all other reports required 

herein, shall be signed and certified in accordance with the Signatory Requirements (see Part IV), 

and· submitted to the Secretary and EPA at the following addresses: 

original to: 

copy to: 

South Dakota Department of 

Environment and Natural Resources 

Surface Water Quality Program 

Joe Foss Building 

523 East Capitol Avenue 

Pierre, South Dakota 57501-3181 

United States Environmental Protection Agency 

Region Vlll 

Plarming and Targeting Program (ENF-PT) 

999 18th Street, Suite 500 

Denver, Colorado 80202-2466 

E. Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on 

interim and final requirements contained in any Compliance Schedule of this permit shall be 

submitted no later than 14 days following each schedule date. 

F. Additional Monitoring by the Permittee. If the permittee monitors any pollutant more frequently 

than required by this permit, using test procedures approved under ARSD 74:52:03:06, a.b.r. 40 

CFR 136 or as specified in this permit, the results of this monitoring shall be included in the 

calculation and reporting of the data submitted in the DMR. Such increased frequency shall also 

be indicated. 
PART IL 

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Page 12 or 20 

Permit No: SD-0000078 

G. Records Contents. Records of monitoring information shall include: 

1. The date, exact place, and time of sampling or measurements; 

2. The initials or name(s) of the individual(s) who performed the sampling or 

measurements; 

3. The date(s) analyses were performed; 

4. The time analyses were initiated; 

5. The initials or name(s) ofindividual(s) who performed the aualyses; 

6. References and written procedures, when available, for the aualytical techniques or 

methods used; and, 

7. The results of such analyses, including the bench sheets, instrument readouts, computer 

disks or tapes, etc., used to determine these results. 

H. Retention of Records. The permittee shall retain records of all monitoring information, including 

all calibration and maintenance records and all original strip chart recordings for continuous 

monitoring instrumentation, copies of all reports required by this permit, and records of all data 

used to complete the application for this permit, for a period of at least three years from the date 

of the sample, measurement, report or application. This period may be extended by request of the 

Secretary at any time. Data collected on site, copies of Discharge Monitoring Reports, and a copy 

of this permit must be maintained on site during the duration of activity at the permitted location. 

I. Twenty-four Hour Notice of Noncompliance Reporting. 

I. The permittee shall report any noncompliance which may endanger health or the 

environment as soon as possible, but no later than twenty-four (24) hours from the time 

the permittee first became aware of the circumstances. The report shall be made to the 

State of South Dakota at (605) 773-3231 and the EPA, Region VIII, Emergency 

Response Branch at (303) 293-1788. 

2. The following occurrences of noncompliance shall be reported by telephone to the 

Secretary at (605) 773-3351 by the first workday (8:00 a.m. -4:30p.m. Central Time) 

following the day the permittee beca!Jle aware of the circumstances: 

a. Any unanticipated bypass which exceeds any effluent limit in the permit (See 

Part III. G., Bypass of Treatment Facilities.); 

b. Any upset which exceeds any effluent limit in the permit (See Part III.H., Upset 

Conditions.); or, 

c. Violation of a maximum daily discharge limit for any of the pollutants listed in 

the permit to be reported within 24 hours. 
PART II~ / 

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Permit No: SD-0000078 

I. Twenty-four Hour Notice of Noncompliance Reporting. (Continued) 

3. A written submission shall also be provided within five days of the time that the 

permittee becomes aware of the circumstances. The written submission shall contain: 

a. A description of the noncompliance and its cause; 

b. The period of noncompliance, including exact dates and times; 

c. The estimated time noncompliance is expected to continue if it has not been 

corrected; and, 

d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the 

noncompliance. 

4. The Secretary may waive the written report on a case-by-case basis if the oral report has 

been received within 24 hours by the Surface Water Quality Program, South Dakota 

Department of Environment and Natural Resources, Pierre, (605) 773-3351. 

5. Reports shall be submitted to the addresses in Part JI.D., Reporting of Monitoring 

Results. 

J. Other Noncompliance Reporting. Instances of noncompliance not required to be reported within 

24 hours shall be reported at the time that monitoring reports for Part II.D. are submitted. The 

reports shall contain the information listed in Part 11.1.3. 

K. Inspection and Entry. The permittee shall allow the Secretary or EPA, upon the presentation of 

credentials and other documents as may be required by law, to: 

1. Enter upon the permittee's premises where a regulated facility or activity is located or 

conducted, or where records must be kept under the conditions of this permit; 

2. Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of this permit; 

3. Inspect at reasonable times any facilities, equipment (including monitoring and control 

equipment), practices, or operations regulated or required under this permit; and, 

4. Sample or monitor at reasonable times, for the purpose of assuring pennit compliance or 

as otherwise authorized by the Act, any substances or parameters at any location. 
Ill. COMPLIANCE RESPONSIBILITIES 

PART ~T 

\ 

Page 14 ot 20 

Permit No: SD-0000078 

A. Duty to Comply. The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit 

termination, revocation and reissuance, or modification; or for denial of a permit renewal 

application. The permittee shall give the director advance notice of any planned changes at the 

permitted facility or of an activity which may result in permit noncompliance. 

B. Penalties for Violations of Permit Conditions. Any person who violates a permit condition shall, 

upon conviction, be punished by a Class 1 misdemeanor. In addition to a jail sentence authorized 

by SDCL 22-6-2, a Class I misdemeanor imposed by SDCL, Chapter 34A-2, is subject to a 

criminal fme not to exceed ten thousand dollars per day of violation. The violator is also subject 

to a civil penalty not to exceed ten thousand dollars per day of violation, for damages to the 

environment of this state. Except as provided in permit conditions on Part III. G., ByPass of 

Treatment Facilities and Part IILH., Upset Conditions, nothing in this permit shall be construed to 

relieve the permittee of the civil or criminal penalties for noncompliance. 

C. Need to Halt or Reduce Activity not a Defense. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the pennitted activity in 

order to maintain compliance with the conditions of this permit. 

D. Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any 

discharge in violation of this permit which has a reasonable likelihood of adversely affecting 

human health or the environment. 

E. Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain 

all facilities and systems of treatment and control (and related appurtenances) which are installed 

or used by the permittee to achieve compliance with the conditions of this permit. Proper 

operation and maintenance also includes adequate laboratory controls and appropriate quality 

assurance procedures. This provision requires the operation of back-up or auxiliary facilities or 

similar systems which are instalied by a permittee only when the operation is necessary to achieve 

compliance with the conditions of the permit. However, the permittee shall operate, as a 

minimum, one complete set of each main line unit treatment process whether or not this process is 

needed to achieve permit effluent compliance. 

F. Removed Substances. Collected screenings, grit, solids, sludges, or other pollutants removed in 

the course of treatment shall be disposed of in such a manner so as to prevent any pollutant from 

entering any waters of the state or creating a health hazard. Sludge/digestor supernatant and filter 

backwash shall not be directly blended with or enter either the final plant discharge and/or waters 

of the State. 

G. Bypass of Treatment Facilities: 

I. Bypass not exceeding limits. The permittee may allow any bypass to occur which does 

not cause effluent limits to be exceeded, but only if it also is for essential maintenance to 

assure efficient operation. These bypasses are not subject to the provisions of paragraphs 

2. and 3. of this section. 
PART IIJ~ 

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Page 15 or 20 

Permit No: SD~0000078 

G~ Bypass of Treatment Facilities: (Continued) 

2~ Notice: 

a~ Anticipated bypass~ If the permittee knows in advance of the need for a bypass, 

it shall submit prior notice, if possible at least 60 days before the date of the 

bypass~ 

b~ Unanticipated bypass~ The permittee shall submit notice of an unanticipated 

bypass as required under Part ILl., Twenty~ four Hour Reporting~ 

3 ~ Prohibition of bypass~ 

a~ Bypass is prohibited and the Secretary may take enforcement action against a 

permittee for a bypass, unless: 

(I) The bypass was unavoidable to prevent loss of life, personal injury, or 

severe property damage; 

(2) There were no feasible alternatives to the bypass, such as the use of 

auxiliary treatment facilities, retention- of untreated wastes, or 

maintenance during normal periods of equipment downtime. This 

condition is not satisfied if adequate back-up equipment should have 

been installed in the exercise of reasonable engineering judgement to 

prevent a bypass which occurred during normal periods of equipment 

downtime or preventive maintenance; and, 

(3) The permittee submitted notices as required under paragraph 2~ of this 

section. 

b. The Secretary may approve an anticipated bypass, after considering its adverse 

effects, if the Secretary determines that it will meet the three conditions listed 

above in paragraph 3~a~ of this section~ 

H. Upset Conditions~ 

I~ Effect of an upset~ An upset constitutes an affirmative defense to an action brought for 

noncompliance with technology based permit effluent limits if the requirements of 

paragraph 2~ of this section are met. No determination made during administrative 

review of claims that noncompliance was caused by upset, and before an action for 

noncompliance, is fmal administrative action subject to judicial review (i.e., Permittees 

will have the opportunity for a judicial determination on any claim of upset only in an 

enforcement action brought for noncompliance with technology-based permit effluent 

limits)~ 
PART [)} 

( 

Page 16 ot20 

Permit No: SD-0000078 

H. Upset Conditions. (Continued) 

2. Conditions necessary for a demonstration of upset. A permittee who wishes to establish 

the affirmative defense of upset shall demonstrate, through properly sigued, 

contemporaneous operating logs, or other relevant evidence that: 

a. An upset occurred and that the permittee can identify the cause(s) of the upset; 

b. The permitted facility was at the time being properly operated; 

c. The permittee submitted notice of the upset as required under Part ILL, Twentyfour Hour Notice of Noncompliance Reporting; and, 

d. The permittee complied with any remedial measures required under Part !ILD., 

Duty to Mitigate. 

3. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the 

occurrence of an upset has the burden of proof 

I. Toxic Pollutants. The permittee shall comply with effluent standards or prohibitions established 

under Section 307(a) of the Federal Clean Water Act for toxic pollutants within the time provided 

in the regulations that establish those standards or prohibitions, even if the permit has not yet been 

modified to incorporate the requirement. 

J. Changes in Discharge of Toxic Substances. Notification shall be provided to the Secretary as 

soon as the permittee knows of, or has reason to believe that any activity has occurred or will 

occur which would result in the discharge of a toxic pollutan~ as defmed in ARSD 74:52:01:01, 

which is not limited in the permit and if that discharge will exceed the highest of the following 

notification levels: 

(I) One hundred micrograms per liter (100 f!g/L); 

(2) Two hundred micrograms per liter (200 flg/L) for acrolein and acrylonitrile; 

(3) Five hundred micrograms per liter (500 f!g/L) for 2,4-dinitrophenol and for 2-methyl-4, 

6-dinitrophenol; 

(4) One milligram per liter (I mg!L) for antimony; or 

(5) Five (5) times the maxirnmn concentration value reported for that pollutant in the permit 

application. 
PART I}! 

( 

Page 17 of20 

Permit No: SD-0000078 

IV. GENERAL REQUIREMENTS 

A. Planned Changes. The permittee shall give notice to the Secretary as soon as possible of any 

planned physical alterations or additions to the permitted facility. Notice is required only when 

the alteration or addition could significantly change the nature or increase the quantity of pollutant 

discharged. This notification applies to pollutants which are not subject to effluent limits in the 

permit. The alteration or addition to a permitted facility may meet one of the criteria for 

determining whether a facility is a new source (see ARSD, Chapter 74:52:01:01(30)). 

B. Anticipated Noncompliance. The permittee shall give advance notice to the Secretary of any 

planned changes in the permitted facility or activity which may result in noncompliance with 

permit requirements. 

C. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, or 

termination, or a notification of planned changes or anticipated noncompliance, does not stay any 

permit condition. 

D. Duty to Reapply. Ifthe permittee wishes to continue an activity regulated by this permit after the 

expiration date of this permit, the permittee must apply for and obtain a new permit. The 

application should be submitted at least 180 days before the expiration date of this permit. 

E. Duty to Provide Information. The permittee shall furnish to the Secretary, within a reasonable 

time, any information which the Secretary may request to determine whether cause exists for 

modifYing, revoking and reissuing, or terminating this permit, or to determine compliance with 

this permit. The permittee shall also furnish to the Secretary, upon request, copies of records 

· required to be kept by this permit 

F. Other Information. When the permittee becomes aware that it failed to submit any relevant facts 

in a permit application, or submitted incorrect information in a permit application or any report to 

the Secretary, it shall promptly submit such facts or information. 

G. Signatory Requirements. All applications, reports or information submitted to the Secretary shall 

be signed and certified. 

I. All permit applications shall be signed as follows: 

a. For a corporation: by a responsible corporate officer; 

b. For a partnership or sole proprietorship: by a general partner or the proprietor, 

respectively; 

c. For a municipality, State, Federal, or other public agency: by either a principal 

executive officer or ranking elected official. 
G. Signatory Requirements (Continued) 

PART pr 

Page 18 of20 

Permit No: SD-0000078 

2. All reports required by the permit and other information requested by the Secretary shall 

be signed by a person described above or by a duly authorized representative of that 

person. A person is a duly authorized representative only if: 

a. The authorization is made in writing by a person described above and submitted 

to the Secretary; and, 

b. The authorization specifies either an individual or a position having 

responsibility for the overall operation of the regulated facility, such as the 

position of plant manager, superintendent, position of equivalent responsibility, 

or an individual or position having overall responsibility for environmental 

matters. (A duly authorized representative may thus be either a named 

individual or any individual occupying a named position.) 

3. Changes to authorization. If an authorization under paragraph IV.G.2. is no longer 

accurate because a different individual or position has responsibility for the overall 

operation of the facility, a new authorization satisfying the requirements of paragraph 

IV.G.2. must be submitted to the Secretary prior to or together with any reports, 

information, or applications to be signed by an authorized representative. 

4. Certification. Any person siguing a document under this section shall 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 with a system 

designed to assure that qualified personnel properly gather and evaluate the 

information submitted. Based on my inquiry of the person or persons who 

manage the system, or those persons directly responsible for gathering the 

information, the information submitted is, to the best of my knowledge and 

belief, true, accurate, and complete. I am aware that there are significant 

penalties for submitting false information, including the possibility of fme and 

imprisonment for knowing violations." 

H. Penalties for Falsification of Reports. Any person who knowingly makes any false statement, 

representation, or certification in any record or other document submitted or required to be 

maintained under this permit, including monitoring reports or reports of compliance or 

noncompliance shall, upon conviction, be punished by a Class I misdemeanor. In addition to a 

jail sentence authorized by SDCL 22-6-2, a Class 1 misdemeanor imposed by SDCL, Chapter 

34A-2, is subject to a criminal fine not to exceed ten thousand dollars per day of violation. The 

violator is also subject to a civil penalty not to exceed ten thousand dollars per day of violation, 

for damages to the enviromnent of this state, or both. 

I. Availability of Reports. Except for data determined to be confidential under ARSD 74:52:02:17, 

all reports prepared in accordance with the terms of this permit shall be available for public 

inspection at the offices of SDDENR and EPA. Permit applications, permits and effluent data 

shall not be considered confidential. 

J. Oil and Hazardous Substance Liability. Nothing in this permit shall be consttued to preclude the 

institution of any legal action or relieve the permittee from any responsibilities, liabilities, or 

penalties to which the permittee is or may be subject under Section 311 of the Federal Clean 

Water Act. 
PART J>' 

Page 19 of20 

Permit No: SD-0000078 

K. Property Rights. The issuance of this permit does not convey any property rights of any sort, or 

any exclusive privileges, nor does it authorize any injury to private property or any invasion of 

personal rights, nor any infringement of federal, state or local laws or regulations. 

L. Severability. The provisions of this permit are severable, and if any provision of this permit, or 

the application of any provision of this permit to any circumstance, is held invalid, the application 

of such provision to other circumstances, and the remainder of this pennit, shall not be affected 

thereby. 

M. Transfers. This permit may be automatically transferred to a new permittee if: 

I. The current permittee notifies the Secretary at least 30 days in advance of the proposed 

transfer date; 

2. The notice includes a written agreement between the ex1stmg and new permittees 

containing a specific date for transfer of permit responsibility, coverage, and liability 

between them; and, 

3. The Secretary does not notify the existing permittee and the proposed new permittee of 

his or her intent to modify, or revoke and reissue the permit. If this notice is not 

received, the transfer is effective on the date specified in the agreement mentioned m 

paragraph 2. above. 

N. Reopener Provision. This permit may be reopened and modified (following proper administrative 

procedures) to include the appropriate effluent limits (and compliance schedule, if necessary), or 

other appropriate requirements if one or more of the following events occurs: 

I. Water Quality Staodards: The water quality standards of the receiving water(s) to which 

the permittee discharges are modified in such a manner as to require different effluent 

limits than contained in this permit. 

2. Total Maximum Daily Load: Additional controls in the permit are necessary to 

implement a total maximum daily load approved by the Secretary and/or EPA. 

3. Water Quality Management Plan: A revision to the current water quality management 

plan is approved and adopted which calls for different effluent limits than contained in 

this permit. 
Page 20 of20 

Permit No: SD-0000078 

0. Toxicity Limit-Reopener Provision_ This permit may be reopened and modified (following 

proper administrative procedures) to include a new compliance date, additional or modified 

numerical limits, a new or different compliance schedule, a change in the whole effluent protocol, 

or any other conditions related to the control of toxicants if one or more of the following events 

occur: 

L Toxicity was detected late in the life of the permit near or past the deadline for 

compliance. 

2. The TRE results indicate that compliance wifh the toxic limits will require an 

implementation schedule past the date for compliance and the permit issuing authority 

agrees with the conclusion. 

3. The TRE results indicate that the toxicant(s) represent pollutant(s) fhat may be controlled 

with specific numerical limits, and the permit issuing authority agrees that numerical 

controls are the most appropriate course of action. 

4. Following the implementation of numerical controls on toxicants, the permit issuing 

aufhority agrees tbat a modified whole effluent protocol is necessary to compensate for 

those toxicants that are controlled numerically_ 

5. The TRE reveals other unique conditions or characteristics which, in the opinion of the 

permit issuing authority, justify tbe incorporation of unanticipated special conditions in 

fhe permit