reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:02 - Fee collection › Section 74:32:02:01 - Fee collection

Current through Register Vol. 51, page 10, July 15, 2024
The petroleum release compensation and tank inspection fee imposed by
	 SDCL 34A-13-20 shall be collected with
	 the fuel excise tax pursuant to SDCL
	 10-47B-5 to
	 10-47B-10, inclusive, and SDCL
	 10-47B-13. The fee is delinquent
	 at the same time that fuel taxes become delinquent pursuant to SDCL
	 10-47B-29.
General Authority:
SDCL
		34A-13-16,
		34A-13-22.
Law Implemented:
SDCL
		34A-13-19 to
		34A-13-22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:02 - Fee collection › Section 74:32:02:02 - Fee assessment calculation - Form

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Revenue and Regulation shall assess and collect the
	 fee at the rate of two cents a gallon. The fee must be calculated on a form
	 provided by the Department of Revenue and Regulation.
General Authority:
SDCL
		34A-13-16,
		34A-13-22.
Law Implemented:
SDCL
		34A-13-19 to
		34A-13-22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:02 - Fee collection › Section 74:32:02:04 - Accounting of payments

Current through Register Vol. 51, page 10, July 15, 2024
Accounting of payments.
The Department of Revenue and
	 Regulation shall provide the director with a monthly accounting of fee payments
	 made and a list of delinquent payments.
General Authority:
SDCL
		34A-13-16,
		34A-13-22.
Law Implemented:
SDCL
		34A-13-15,
		34A-13-19 to
		34A-13-22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:01 - Application for reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
Upon receiving notice of a spill or release, the director shall send
	 application forms to the covered party. The application forms must be signed by
	 the covered party or an agent of the covered party and contain the following
	 information:
(1) The name, address,
  and telephone number of the covered party;
(2) The name, address, and telephone number
  of the contact person;
(3) The name
  and address of the operator;
(4)
  The street or highway description of the petroleum release location;
(5) The legal description of the release
  location;
(6) The motor fuel dealer
  or special fuel distributor tax number;
(7) The substance released;
(8) The date the spill or release was
  discovered;
(9) A complete
  narrative description of the spill or release;
(10) A completed subrogation assignment as
  provided by the director and signed by the covered party or the agent of the
  covered party; and
(11) A completed
  form W-9 from the United States Internal Revenue Service signed by the covered
  party or the agent of the covered party.
Reimbursement from the fund may not be made unless a complete
	 application is returned to the director. The covered party shall certify to the
	 truthfulness of all information on the application.
General Authority:
SDCL
		34A-13-16.
Law Implemented:
SDCL
		34A-13-15,
		34A-13-16,
		34A-13-29.
Definition of terms, SDCL
		34A-13-1(12).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:02 - Investigation of application

Current through Register Vol. 51, page 10, July 15, 2024
The director or an agent of the director shall investigate the spill or
	 release information and verify the information on the completed application
	 forms pursuant to this chapter and SDCL 34A-13-29.
General Authority:
SDCL
		34A-13-16, 34A-13-29.
Law Implemented:
SDCL
		34A-13-16,
		34A-13-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:02.01 - Cooperation required by covered party

Current through Register Vol. 51, page 10, July 15, 2024
Any covered party must cooperate with the director in the investigation
	 or corrective action taken and must assist the director in the enforcement of
	 any right against any person who may be held liable for reimbursed cleanup
	 costs.
General Authority:
SDCL
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL 34A-13-3,
		34A-13-7,
		34A-13-8,
		34A-13-9,
		34A-13-17, 34A-13-29,
		34A-13-41,
		34A-13-42.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:04 - Procedure for determining eligible expenses

Current through Register Vol. 51, page 10, July 15, 2024
When determining the amount and type of expenses eligible for
	 reimbursement from the fund, the director shall:
(1) Review the potential eligible expenses
  for compliance with this chapter;
(2) Review the written report of the agent
  investigating the claim;
(3) Review
  written proof that payment of the deductible as determined by the secretary was
  made by the covered party; and
(4)
  Review documentation of paid or unpaid expenses that exceed the deductible
  required of a covered party.
General Authority:
SDCL
		34A-13-16.
Law Implemented:
SDCL
		34A-13-8.1,
		34A-13-8.2,
		34A-13-8.5,
		34A-13-16,
		34A-13-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:06 - Eligible expenses

Current through Register Vol. 51, page 10, July 15, 2024
Only expenses directly related to the cleanup are eligible for partial
	 reimbursement. Lost income is not a reimbursable expense. The following
	 expenses are reimbursable if the director determines them to qualify under SDCL
	 34A-13-31:
(1) Labor;
(2) Testing;
(3) Use of machinery;
(4) Materials and supplies;
(5) Professional services authorized by the
  director;
(6) Costs incurred by
  order of federal, state, or local government; and
(7) Any other expenses the board finds to be
  reasonable and necessary to remediate a petroleum spill or release.
General Authority:
SDCL
		34A-13-16.
Law Implemented:
SDCL 34A-13-2,
		34A-13-15,
		34A-13-16,
		34A-13-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:06.01 - Exclusion from reimbursement for cleanup costs

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the exclusions allowed in SDCL 34A-13, the reimbursement
	 for cleanup costs authorized by this chapter does not apply to and may not be
	 provided for the following:
(1) The
  upgrading or repair of tanks or the replacement of their contents;
(2) The upgrading or repair of piping,
  connections, and valves used in conjunction with subdivision (1) of this
  section;
(3) Backfilling done in
  conjunction with subdivision (1) or (2) of this section;
(4) Testing for a suspected release where no
  cleanup is required by state regulation;
(5) Costs associated with preparing a
  claim;
(6) Costs associated with
  property damage incurred by the responsible person or a third party except
  those costs authorized for reimbursement under chapter 74:32:06;
(7) A release which was expected or intended
  from the standpoint of the covered party except for such releases ordered by
  governmental regulatory entities or law enforcement agencies having
  jurisdiction to order such a release;
(8) A release at a waste facility;
(9) A release attributable to a covered
  party's willful or deliberate failure to comply with an applicable statute,
  regulation, ordinance, directive, or order relating to the protection of the
  environment and promulgated by a governmental body having jurisdiction over the
  covered party;
(10) Fines or
  penalties imposed upon the responsible person;
(11) The covered party has failed to comply
  with any provisions of SDCL chapters 34A-13 and 34A-14 or the rules promulgated
  under them.
General Authority:
SDCL
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL
		34A-13-9,
		34A-13-9.1,
		34A-13-25, 34A-13-28, 34A-13-29,
		34A-13-41,
		34A-13-45,
		34A-13-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:07 - Review of contracts for professional environmental consulting services required

Current through Register Vol. 51, page 10, July 15, 2024
Expenses for professional environmental consulting services are
	 eligible for reimbursement only if the scope of work, cost schedule, estimate,
	 and signature page of the proposed contract for such services are submitted by
	 the covered party or the agent of the covered party to the director for review
	 and approval and the scope of work, cost schedule, estimate, and signature page
	 of the contract comply with §
									74:32:03:09. The director shall
	 determine if the expenses are necessary and reasonable and may require changes
	 in the contract before approving it.
General Authority:
SDCL
		34A-13-16.
Law Implemented:
SDCL
		34A-13-15,
		34A-13-16,
		34A-13-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:08 - Contracts for professional environmental consulting services authorized

Current through Register Vol. 51, page 10, July 15, 2024
The director may contract for professional environmental consulting
	 services to conduct release investigations, prepare corrective action plans,
	 design remedial systems, install and operate remedial systems, and coordinate
	 remedial activities. If the director has contracted for professional
	 environmental consulting services pursuant to this section, no expenses for
	 professional environmental services incurred by a covered party at a release
	 site are eligible for reimbursement unless such expenses are approved in
	 writing by the director.
General Authority:
SDCL
		34A-13-16.
Law Implemented:
SDCL
		34A-13-6,
		34A-13-16,
		34A-13-27,
		34A-13-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:09 - Contracts for professional environmental consulting services - Contents

Current through Register Vol. 51, page 10, July 15, 2024
Expenses incurred by a covered party or the director under a contract
	 or contracts for professional environmental consulting services are eligible
	 for reimbursement only if the contract includes, at a minimum, the
	 following:
(1) A description of the
  project location, including street address;
(2) A description of work to be
  performed;
(3) A description of the
  equipment to be used;
(4) A
  proposed date for commencing work;
(5) The name of the principal in charge of
  the project and a list of the individuals who will be primarily responsible for
  conducting the work; and
(6) A
  detailed cost schedule which includes hourly rates for all individuals working
  on the project and all other costs, including laboratory rates, equipment fees,
  mileage, per diem costs, and estimates for the cost of services described in
  this section.
General Authority:
SDCL
		34A-13-16.
Law Implemented:
SDCL
		34A-13-15,
		34A-13-16,
		34A-13-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:03 - Application for reimbursement for corrective action › Section 74:32:03:10 - Assessment workplan required for reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
A covered party, the agent of the covered party, or those providing
	 professional environmental consulting services under contract with the director
	 shall submit an assessment workplan as required in §
									74:32:05:08.01 to the director for
	 approval before incurring any costs for release investigations other than those
	 incurred for emergency response or excavation observation and excavation
	 monitoring. Expenses incurred by a covered party for a release investigation
	 before an assessment workplan has been approved by the director are not
	 eligible for reimbursement unless otherwise authorized by the
	 director.
General Authority:
SDCL
		34A-13-16.
Law Implemented:
SDCL
		34A-13-15,
		34A-13-16,
		34A-13-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:04 - Investigation of claims › Section 74:32:04:01 - Procedure for investigation of claims

Current through Register Vol. 51, page 10, July 15, 2024
After notification of a spill or release, the director or the agent of
	 the director shall investigate the spill or release. The director or agent
	 shall do the following:
(1) Examine
  the location of the spill or release;
(2) Interview persons for information
  concerning the spill or release;
(3) Examine records concerning the spill or
  release, corrective action taken, and any expenses incurred;
(4) Prepare a written report concerning the
  validity of the claim, including an estimate of the eligible expenses necessary
  for corrective action; and
(5)
  Complete other tasks or duties specified by the director.
General Authority:
SDCL
		34A-13-16.
Law Implemented:
SDCL
		34A-13-6,
		34A-13-15,
		34A-13-16,
		34A-13-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:01 - Reporting of known releases

Current through Register Vol. 51, page 10, July 15, 2024
A responsible person shall immediately report a known release of
	 petroleum products to the department if one of the following conditions
	 exists:
(1) The release may impact
  surface or ground waters of the state;
(2) The release may cause an immediate danger
  to human health or safety;
(3) The
  release is greater than 25 gallons; or
(4) The release is less than 25 gallons but
  cannot be contained and remedied within 24 hours.
The immediate report shall be telephoned to the department or the
	 Division of Emergency Management as soon as the responsible person becomes
	 aware of the release. Within 48 hours after the release notification the
	 responsible person shall verify the accuracy of any report submitted to the
	 department by the Division of Emergency Management or shall complete the report
	 in writing according to §
										74:32:05:04.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:02 - Reporting of suspected releases

Current through Register Vol. 51, page 10, July 15, 2024
A responsible person shall report a suspected release to the department
	 within 24 hours after the release is suspected. The report shall comply with
	 the provisions of §
									74:32:05:04. A release is
	 suspected when one of the following occurs:
(1) Sampling or monitoring results from
  release detection devices indicate that a release may have occurred;
(2) Evidence is discovered in the surrounding
  area that petroleum products are in soils, basements, sewer or utility lines,
  or nearby surface water; or
(3)
  Unusual operating conditions are found, such as erratic behavior of product
  dispensing equipment, the sudden loss of product from tanks, an unexplained
  presence of water in the tank, or the physical presence of petroleum products
  of unknown origin on a site.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:03 - Director to be notified of confirmed releases

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the director of all confirmed petroleum
	 releases.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13,
		34A-13-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:04 - Release report

Current through Register Vol. 51, page 10, July 15, 2024
Release reports shall provide the following information:
(1) The specific location of the
  release;
(2) The type and amount of
  product released;
(3) The
  responsible person's name, address, and telephone number;
(4) An explanation of any response action
  that was taken;
(5) The list of
  agencies notified;
(6) The
  suspected cause of the release;
(7)
  The date and time of the release to the extent known; and
(8) The immediate known impacts of the
  release.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:05 - Immediate response action

Current through Register Vol. 51, page 10, July 15, 2024
Upon the discovery of a release, a responsible person shall perform
	 immediate action to prevent further release of product. Immediate action
	 includes those steps necessary to stop and contain the release, such as the
	 shutting of valves, sealing of holes, removal of product from the tank,
	 containment of lost product, or other actions directed at stemming the
	 release.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:06 - Emergency response action

Current through Register Vol. 51, page 10, July 15, 2024
In situations where immediate danger is present to human health,
	 safety, or the environment, the responsible person shall initiate emergency
	 response action immediately. Direction for emergency response may be obtained
	 from local and state emergency response personnel. Emergency response may take
	 any form necessary to prevent or reduce the threat of danger to human health,
	 safety, or the environment provided such action does not contribute to a
	 deterioration of the existing release situation. Upon resolution of the
	 emergency situation the responsible person shall begin to comply with the
	 procedures set forth in this chapter and submit a summary to the department of
	 the emergency response action taken in a time schedule established by the
	 department for the release.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:07 - Determination of response procedures to be followed - Notice of violation or order

Current through Register Vol. 51, page 10, July 15, 2024
If the department issues a notice of violation or order under SDCL
	 34A-13-2 or initiates other administrative or legal proceedings concerning a
	 release, the notice of violation, order, or other administrative or legal
	 proceedings shall determine the procedures to be followed in investigating,
	 containing, and remedying the release. If the department does not issue a
	 notice of violation or an order or pursue other administrative or legal
	 proceedings, response procedures are those contained in §§
									74:32:05:08 to
	 74:32:05:14,
	 inclusive.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:08 - Response action time schedule

Current through Register Vol. 51, page 10, July 15, 2024
The department, after consulting with the director and the responsible
	 person, shall establish a time schedule for each release to accomplish response
	 action to the release.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:08.01 - Assessment workplan required

Current through Register Vol. 51, page 10, July 15, 2024
A covered party or other responsible person or the agent of a covered
	 party or other responsible person shall submit an assessment workplan to the
	 director and the department for approval before initiating a release
	 investigation.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-15,
		34A-13-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:08.02 - Assessment workplan - Contents

Current through Register Vol. 51, page 10, July 15, 2024
An assessment workplan must contain the following provisions:
(1) A brief summary of the nature of the work
  to be completed and the sequence of planned activities;
(2) A proposed time schedule for commencing
  and completing major activities, including the release investigation
  report;
(3) A written discussion of
  the rationale for selecting the number and placement of monitoring wells and
  soil borings;
(4) A written
  discussion of the rationale for selecting which water and soil samples will be
  retained for laboratory analysis;
(5) The names of the constituents for which a
  laboratory analysis is to be performed;
(6) The method used for determining the
  direction of local groundwater flow;
(7) A brief summary of the quality assurance
  and quality control plan which will be followed during the release
  investigation;
(8) A description of
  all computer models that may be used in the pathway and fate analysis, costs
  analysis of remedial alternatives, design of remedial alternatives, or risk
  assessment; and
(9) Other
  provisions the director or department determine to be necessary for the
  assessment.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-15,
		34A-13-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:09 - Release investigation

Current through Register Vol. 51, page 10, July 15, 2024
A known or suspected release must be investigated by the responsible
	 person to determine the extent and degree of contamination. The investigation
	 must have the approval of the department prior to implementation and shall
	 include, at a minimum:
(1) Monitoring
  locations, sampling schedule, and analysis results submission
  schedule;
(2) A pathway and fate
  analysis to determine impacts to human health and the environment;
(3) A risk assessment of the impacts of the
  petroleum products, including both free-floating and dissolved phases of the
  release;
(4) A determination of the
  vertical and horizontal extent of the contamination;
(5) Site-specific hydrological and geological
  data;
(6) The relationship and
  influence of the site-specific hydrological data to the petroleum products
  movement; and
(7) Other pertinent
  data that the department determines is necessary to define a release.
All results and information obtained from a release investigation shall
	 be provided to the department for review within a time schedule established by
	 the department for the release.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:10 - Determination of petroleum contamination concentration levels

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person shall have samples of the petroleum
	 contamination submitted and analyzed at a laboratory capable of using
	 methodologies that result in verifiable values to determine concentration
	 levels. The samples must be taken within the confines of the release site. The
	 results from the testing must be submitted to the department for comparison to
	 established water quality standards and risk-based action levels for soil to
	 evaluate the severity of the release.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
Surface water quality standards, ch 74:51:01; Groundwater quality
		standards, ch 74:54:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:11 - Department approval of corrective action plan

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person shall submit a corrective action plan for
	 approval by the department in accordance with the time schedule established by
	 the department for the release. The corrective action plan shall contain
	 complete information describing the design and implementation of the proposed
	 corrective action. The corrective action plan shall provide for protection to
	 human health, safety, and the environment.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:11.01 - Department review and approval of professional environmental consulting services

Current through Register Vol. 51, page 10, July 15, 2024
Environmental consulting services under contract with the director for
	 the design, installation, and operation of remedial systems and coordination of
	 remedial activities must be reviewed and approved by the department before
	 implementation of these activities.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:12 - Removal and disposal of visible contamination

Current through Register Vol. 51, page 10, July 15, 2024
All visibly contaminated soil must be removed from the excavation area,
	 stored in accordance with chapter 74:56:05, and disposed of as directed by the
	 department. The responsible person shall submit documentation concerning the
	 extent of the removal and final disposition of the contaminant to the
	 department in accordance with the time schedule established by the department
	 for the release.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:13 - Implementation of corrective action plan

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person shall implement a department-approved corrective
	 action plan. If monitoring data or other factors indicate that modifications to
	 the existing corrective action plan are necessary, the responsible person may
	 petition the department to make these changes. Implementation of the
	 modifications may only be made after written permission is granted by the
	 department. The department shall enforce an approved corrective action until
	 the cleanup concentration levels established by the department are met or the
	 responsible person can demonstrate that continued operation of the corrective
	 action would not further reduce the contamination. The responsible person shall
	 obtain written permission from the department prior to cessation of the
	 corrective action.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:05 - Reporting and response procedures › Section 74:32:05:14 - Inspections

Current through Register Vol. 51, page 10, July 15, 2024
Inspections of releases, response actions, and corrective actions shall
	 be made in accordance with chapter 74:50:03.
General Authority:
SDCL
		34A-13-5.
Law Implemented:
SDCL
		34A-13-5,
		34A-13-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:06 - Reimbursement for third-party claims › Section 74:32:06:01 - Written notice of claims

Current through Register Vol. 51, page 10, July 15, 2024
If a third-party claim is made or a suit is brought or the covered
	 party has knowledge of injured persons or witnesses, the covered party must
	 give the director written notice within ten calendar days after receiving
	 notification of a claim, suit, injured person, or witness. All notices and
	 documents regarding claims or suits must be sent to:
Executive Director
South Dakota Petroleum Release Compensation Fund
500 East Capitol Avenue
Pierre, South Dakota 57501
telephone - (605) 773-3769
facsimile - (605) 773-6048
General Authority:
SDCL
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL
		34A-13-7,
		34A-13-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:06 - Reimbursement for third-party claims › Section 74:32:06:02 - Reimbursement for third-party claims

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may provide for reimbursement to the covered party for
	 third-party claims arising from a release if the covered party has a legal
	 obligation to pay or, through a settlement agreement negotiated by the
	 third-party administrator or the secretary, is required to pay compensation
	 damages under this chapter.
General Authority:
SDCL
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL
		34A-13-40,
		34A-13-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:06 - Reimbursement for third-party claims › Section 74:32:06:03 - Investigation and defense costs

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may investigate and settle any claim or suit. The
	 obligation to defend and defense costs terminate if the reimbursement limit
	 provided for in SDCL 34A-13-28 is met by judgments or settlements for
	 compensatory damages or cleanup costs reimbursed under chapter
	 74:32:03.
General Authority:
SDCL
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL
		34A-13-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:06 - Reimbursement for third-party claims › Section 74:32:06:05 - Cooperation required by covered party

Current through Register Vol. 51, page 10, July 15, 2024
Any covered party must cooperate with the secretary in the
	 investigation, settlement, or defense of any claim or suit, permit access to
	 records or the involved property, and assist the secretary in the enforcement
	 of any right against any person who may be held liable for reimbursed
	 compensatory damages.
No covered party may, except at the covered party's own cost,
	 voluntarily pay any compensatory damages, assume any obligation, or incur any
	 expenses, other than for first aid, without the secretary's prior
	 consent.
General Authority:
SDCL
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL
		34A-13-7,
		34A-13-9, 34A-13-29,
		34A-13-41,
		34A-13-42.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:34 - Regulated substance discharges › Chapter 74:34:01 - Regulated substance list and reporting of discharges › Section 74:34:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "CERCLA," the Comprehensive Emergency
  Response, Compensation and Liability Act of 1980;
(2) "Department," the Department of
  Environment and Natural Resources;
(3) "Hazardous chemical," any chemical which
  is a physical or health hazard, but not the following substances:
(a) Any food, food additive, color additive,
  drug, or cosmetic regulated by the U.S. Food and Drug Administration;
  or
(b) Any substance present as a
  solid in any manufactured item if exposure to the substance does not occur
  under normal conditions of use;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:34 - Regulated substance discharges › Chapter 74:34:01 - Regulated substance list and reporting of discharges › Section 74:34:01:02 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
No person may discharge to the environment a regulated substance listed
	 in §
									74:34:01:03 except pursuant to and
	 in compliance with the conditions of a federal or state permit or by activities
	 allowed by federal or state law or rule. The mixture of a listed regulated
	 substance with a nonregulated substance subjects the mixture to full regulation
	 under this chapter. For purposes of this article the term facility also applies
	 to motor vehicles, rolling stock, and aircraft.
General Authority:
SDCL
		34A-12-7,
		34A-12-9.
Law Implemented:
SDCL
		34A-12-7,
		34A-12-8,
		34A-12-9.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:34 - Regulated substance discharges › Chapter 74:34:01 - Regulated substance list and reporting of discharges › Section 74:34:01:03 - Regulated substances list

Current through Register Vol. 51, page 10, July 15, 2024
The following lists constitute regulated substances under SDCL chapter
	 34A-12:
(1) Substances listed in the
  "Title III List of Lists, Consolidated List of Chemicals Subject to Reporting
  Under the Emergency Planning and Community Right to Know Act," U.S.
  Environmental Protection Agency (January 1990);
(2) Fertilizers as defined in SDCL
  38-19-1(1), (2), (3), (12), (13), and
  (14), including fertilizer
  derivatives;
(3) Pesticides as
  defined in SDCL
  38-20A-1(1), (3), (4), (5), and
  (6), SDCL
  38-20A-10; and those substances
  defined in SDCL
  38-21-14(4), (5), (18), (19), (21), and
  (29), including metabolites and all active
  and inert ingredients of these substances;
(4) Petroleum and petroleum substances,
  including oil, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed
  with other wastes, refined or blended crude petroleum stock, and any other oil
  or petroleum substance;
(5)
  Radiological, chemical, or biological warfare agents or radiological waste;
  and
(6) Hazardous wastes as
  described in 40 C.F.R. Part 261, Subparts C and D (July 1, 1988).
General Authority:
SDCL
		34A-12-7,
		34A-12-9.
Law Implemented:
SDCL
		34A-12-7,
		34A-12-9.
Title III List of Lists, Consolidated List of Chemicals Subject
		to Reporting Under the Emergency Planning and Community Right-to-Know
		Act
, January 1990, Stock Number EPA 560/ 4-90-011, published by the U.
		S. Environmental Protection Agency. Copies are available from the U.S.
		Environmental Protection Agency, Section 313 Document Distribution Center, P.O.
		Box 12505, Cincinnati, Ohio 45212. There is no
		charge.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:34 - Regulated substance discharges › Chapter 74:34:01 - Regulated substance list and reporting of discharges › Section 74:34:01:04 - Reporting of known discharges - Reportable quantities

Current through Register Vol. 51, page 10, July 15, 2024
A responsible person shall report a known discharge of a regulated
	 substance to the environment to the department immediately if one of the
	 following conditions exists:
(1) The
  discharge threatens or is in a position to threaten the waters of the
  state;
(2) The discharge causes an
  immediate danger to human health or safety;
(3) The discharge exceeds 25 gallons or
  causes a sheen on surface water or it exceeds any groundwater quality standards
  of chapter 74:54:01 or surface water quality standards of chapter
  74:51:01;
(4) The discharge harms
  or threatens to harm wildlife or aquatic life;
(5) The discharge is required to be reported
  according to SARA, Title III, § 304(1986); or
(6) The discharge of crude oil in field
  activities conducted under SDCL chapter 45-9 is greater than 1 barrel (42
  gallons).
The immediate report must be telephoned to the department as soon as
	 the responsible person becomes aware of the discharge. Subsequent to the
	 initial report, the responsible person shall immediately notify the department
	 of information that changes the accuracy of the initial report. As directed by
	 the department, the responsible person shall make additional reports verbally
	 or in writing according to §
										74:34:01:06.
General Authority:
SDCL
		34A-12-9.
Law Implemented:
SDCL
		34A-12-9.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:34 - Regulated substance discharges › Chapter 74:34:01 - Regulated substance list and reporting of discharges › Section 74:34:01:05 - Reporting of suspected discharges

Current through Register Vol. 51, page 10, July 15, 2024
A responsible person shall report a suspected discharge to the
	 department within 24 hours after the discharge is suspected. The report shall
	 comply with the provisions of §
									74:34:01:06. A discharge is
	 suspected when one of the following occurs:
(1) Testing, sampling, or monitoring results
  from discharge detection devices indicate that a discharge has
  occurred;
(2) Impacts are
  discovered in the surrounding area, such as evidence of a regulated substance
  discharge in soils, basements, sewer and utility lines, groundwater, or nearby
  surface water; or
(3) Unusual
  operating conditions exist, such as the erratic behavior of regulated substance
  dispensing equipment, the sudden loss of a regulated substance from tanks, an
  unexplained escape of vaporized regulated substance, or the physical presence
  of a regulated substance of unknown origin at a regulated substance
  facility.
General Authority:
SDCL
		34A-12-9.
Law Implemented:
SDCL
		34A-12-9.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:34 - Regulated substance discharges › Chapter 74:34:01 - Regulated substance list and reporting of discharges › Section 74:34:01:06 - Discharge report

Current through Register Vol. 51, page 10, July 15, 2024
The discharge report shall provide the following information:
(1) The specific location of the
  discharge;
(2) The type and amount
  of regulated substance discharged;
(3) The responsible person's name, address,
  and telephone number;
(4) An
  explanation of any response action that was taken;
(5) The list of agencies notified;
(6) The suspected cause of the
  discharge;
(7) The date and time of
  the discharge to the extent known;
(8) The immediate known impacts of the
  discharge; and
(9) The information
  that is required to be reported according to SARA, Title III, § 304(a) and
  (b) (1986).
General Authority:
SDCL
		34A-12-9.
Law Implemented:
SDCL
		34A-12-9.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise specified, the terms used in this article
	 mean:
(1) "Act," chapter 34A-1 of the
  South Dakota Codified Laws;
(2)
  "Acid rain permit," a legally binding written document or portion of a document
  that is issued by the department and specifies the acid rain program
  requirements applicable to an affected source and to the owners and operators
  and the designated representative of the affected source;
(3) "Acid rain program," the national sulfur
  dioxide and nitrogen oxides air pollution control and emissions reduction
  program established in accordance with Title IV of the Clean Air Act;
(4) "Administrator," the administrator of the
  Environmental Protection Agency or the secretary or their authorized
  representatives;
(5) "Affected
  source," a source that includes one or more affected units under Title IV of
  the Clean Air Act;
(6) "Affected
  unit," a unit that is subject to any of the emission reduction requirements or
  emission limits pursuant to Title IV of the Clean Air Act or chapter
  74:36:16;
(7) "Air pollutant," one
  or a combination of the regulated air pollutants listed in §
									74:36:01:15;
(8) "Allowable emissions," the emission rate
  calculated using the maximum rated capacity of a source unless the source is
  subject to federally enforceable limits which restrict operating rate, hours of
  operation, or both, and the most stringent of the following:
(a) The applicable new source performance
  standards in chapter 74:36:07;
(b)
  The applicable national emission standards in chapter 74:36:08;
(c) Any applicable emission limitations
  specified in this article, including those with a future compliance
  date;
(d) The emission rate
  specified as a permit condition; or
(e) The applicable standards in 40 C.F.R.
  Part 60, 61, or 63 (July 1, 2018);
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:03 - Administrative permit amendment defined

Current through Register Vol. 51, page 10, July 15, 2024
An administrative permit amendment is an amendment to an existing
	 permit and is issued by the secretary. The secretary may issue an
	 administrative permit amendment if it accomplishes one of the following:
(1) Corrects typographical errors;
(2) Changes the name, address, or phone
  number of any person identified in the permit or provides a similar minor
  administrative change at the source;
(3) Requires more frequent monitoring or
  reporting by the permittee;
(4)
  Allows for a change in ownership or operational control of a source if the
  department determines that no other change in the permit is necessary and a
  written agreement containing a specific date for transfer of permit
  responsibility, coverage, and liability between the current and new permittee
  has been submitted to the department. If the change in ownership or operational
  control changes the designated representative for an acid rain permit, the
  change is considered a permit modification and the procedures outlined in
  §
									74:36:05:39 apply; or
(5) Any other change that the Administrator
  of the EPA and the secretary determines to be similar to the requirements in
  subdivisions (1) to (4), inclusive, of this section.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:01 - Definitions › Section 74:36:01:04 - Affected states defined

Current through Register Vol. 51, page 10, July 15, 2024
Affected states are all states whose air quality may be affected by and
	 that are contiguous to the state in which an operating permit, permit
	 modification, or permit renewal for a Part 70 source is being proposed or that
	 are within 50 miles of the permitted source.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.