reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:21 - Regional haze program › Section 74:36:21:07 - Installation of controls based on visibility impact analysis or BART determination

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a new major source, modification to a major
	 source, or a BART-eligible source that emits any air pollutant which may
	 reasonably be anticipated to contribute to adverse impact on visibility in any
	 mandatory Class I federal area shall install, operate, and maintain the
	 controls established in a visibility impact analysis or BART determination. The
	 owner or operator of a new major source or modification to a major source must
	 install and operate the controls established in a visibility impact analysis at
	 initial startup. The owner or operator of a BART-eligible source required to
	 install BART must install, operate, and demonstrate compliance with BART as
	 expeditiously as practicable, but no later than five years from EPA's approval
	 of the state implementation plan for regional haze.
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 74:36:21 - Regional haze program › Section 74:36:21:08 - Operation and maintenance of controls

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator required to install and operate controls
	 established in a visibility impact analysis or BART determination shall
	 establish written procedures to ensure the control equipment is properly
	 operated and maintained. The written procedures shall include, at a minimum,
	 the following:
(1) A maintenance
  schedule for each control device that is consistent with the manufacturer's
  instructions and recommendations for routine and long-term
  maintenance;
(2) Procedures for the
  proper operation and maintenance of each control device; and
(3) Parameters to be monitored to determine
  each control device is being operated properly.
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 74:36:21 - Regional haze program › Section 74:36:21:09 - Monitoring, recordkeeping, and reporting

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator required to install and operate controls
	 established in a visibility impact analysis or BART determination shall conduct
	 periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and
	 nitrogen oxides emissions from the BART-eligible source shall be routed to the
	 main stack of a BART-eligible source. The owner or operator of a BART-eligible
	 source shall install, certify, maintain, calibrate, and operate a continuous
	 emission monitoring system for sulfur dioxide and nitrogen oxide in accordance
	 with 40 C.F.R. Part 75 (July 1, 2018), except the recordkeeping and reporting
	 requirements for the continuous emission monitoring systems shall be in
	 accordance with 40 C.F.R.
	 §
										60.7 (July 1, 2018). Monitoring and
	 related recordkeeping and reporting requirements for other air pollutants from
	 a BART-eligible source or from a major source or modification of a major source
	 shall consist of at least the following:
(1) All emissions monitoring and analysis
  procedures, alternative approved methods, or test methods required in
  determining compliance with §§
									74:36:21:04 and
  74:36:21:06;
(2) As necessary, documentation of the use,
  maintenance, and if appropriate, installation of monitoring equipment or
  methods;
(3) Documentation of the
  following:
(a) The date, place, and time of
  sampling or measurements;
(b) The
  date or dates analyses were performed;
(c) The company or entity that performed the
  analyses;
(d) The analytical
  techniques or methods used;
(e) The
  results of such analyses; and
(f)
  The operating conditions as existing at the time of sampling or
  measurement;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:36 - Air pollution control program › Chapter 74:36:21 - Regional haze program › Section 74:36:21:10 - Permit to construct

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator subject to this chapter may be issued a permit to
	 construct in accordance with chapter 74:36:20 if the department determines that
	 the new major source or modification to a major source does not contribute to
	 adverse impact on visibility at a mandatory Class I federal
	 area.
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 74:36:21 - Regional haze program › Section 74:36:21:11 - Permit required for BART determination

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a BART-eligible source shall submit an
	 application in accordance with chapter 74:36:20 to include the controls,
	 emission limits, monitoring, recordkeeping, and reporting requirements
	 identified in the BART determination and approved by the
	 department.
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 74:36:21 - Regional haze program › Section 74:36:21:12 - Federal land manager notification and review

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide written notice to the federal land manager
	 of a BART determination or any permit application for a new major source or
	 modification to a major source if the emissions from which may contribute to
	 adverse impact on visibility at a mandatory Class I federal area, except for an
	 application submitted in accordance with chapter 74:36:09 or 74:36:10. A
	 notification of a BART determination shall include a copy of the BART
	 determination and must be submitted within 30 days of receipt of a complete
	 BART determination. The department shall consider an analysis performed by the
	 federal land manager submitted within 60 days of the federal land manager being
	 notified of a BART determination or by the end of the public participation
	 process, whichever is later. A permit application for a new major source or
	 modification to a major source shall include a copy of the permit application
	 and visibility impact analysis. The department shall consider an analysis
	 performed by the federal land manager submitted within 30 days of the federal
	 land manager being notified of a visibility impact analysis or by the end of
	 the public participation process, whichever is later. The department shall
	 follow the procedures outlined in chapter 74:36:09 or 74:36:10 for an
	 application submitted in accordance with chapter 74:36:09 or
	 74:36:10.
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 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of article 74:36 apply to this chapter unless otherwise
	 stated. This chapter applies to Part 70 sources as defined in §
									74:36:01:01.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:02 - Regulated air pollutant defined

Current through Register Vol. 51, page 10, July 15, 2024
A regulated air pollutant is one of the following:
(1) Nitrogen oxides or any volatile organic
  compounds;
(2) Particulate
  matter;
(3) Nitrogen dioxide,
  sulfur dioxide, lead, ozone, or any pollutant, excluding carbon monoxide, for
  which a national ambient air quality standard has been promulgated;
(4) Any pollutant that is subject to any
  standard promulgated under section 111 of the Clean Air Act; and
(5) Any pollutant that is subject to any
  standard promulgated under section 112 of the Clean Air Act.
General Authority:
SDCL
		34A-1-6.
Law Implemented:
SDCL
		34A-1-6.
Regulated air pollutant defined, §
											74:36:01:15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:03 - Rock crusher defined

Current through Register Vol. 51, page 10, July 15, 2024
A rock crusher is a unit that is used to crush any mineral or rock,
	 such as jaw, gyratory, cone, roll, rod mill, hammermill, and impactor
	 types.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:03.01 - Application fee

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a construction permit for a source that is considered
	 a major source as defined in §
									74:36:01:08, an initial Part 70
	 operating permit as defined in §
									74:36:01:01, a general permit for
	 a Part 70 source as defined in §
									74:36:01:01, a permit renewal for
	 a Part 70 operating permit, or a permit modification for a Part 70 operating
	 permit shall submit an application fee of $138.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:04 - Administrative fee

Current through Register Vol. 51, page 10, July 15, 2024
Existing sources with a Part 70 operating permit as defined in §
									74:36:01:01, except single rock
	 crushers or single asphalt plants with a general permit, shall pay an annual
	 administrative fee based on actual emissions by the source during the previous
	 calendar year according to the following tier system:
(1) Less than 50 tons per year,
  $138;
(2) Fifty to less than 100
  tons per year, $666; and
(3) Equal
  to or greater than 100 tons per year, $1,383.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
Notification of source, §
											74:37:01:08.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:05 - Annual air emission fee

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the fee established in §
									74:37:01:04, the owner or operator
	 of a Part 70 source as defined in §
									74:36:01:01, except single rock
	 crushers or single asphalt plants with a general permit, shall pay an annual
	 air emission fee for each ton of a regulated air pollutant emitted to the air
	 by the source during the previous calendar year. The annual air emission fee is
	 $8.30 per ton of each regulated pollutant. If the combined administrative fee
	 and annual air emission fee is less than $277, the Part 70 source shall pay a
	 minimum fee of $277.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:06 - Annual operational report

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator of a Part 70 source as defined in §
									74:36:01:01, except any single
	 rock crusher or single asphalt plant with a general permit, shall submit an
	 annual operational report to the department by March 1 of each year. The
	 operational report must be signed by the owner or operator under oath in the
	 presence of a notary public. The operational report must be in a format
	 provided by the department and contain the necessary information to quantify
	 actual emissions of all regulated pollutants that were emitted by the source to
	 the ambient air during the previous calendar year.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:07 - Flat fee for rock crushers

Current through Register Vol. 51, page 10, July 15, 2024
The annual flat fee for an existing single rock crusher with a general
	 permit is $446. The administrative fee in §
									74:37:01:04, the annual air
	 emission fee in §
									74:37:01:05, and the annual
	 operational report in §
									74:37:01:06 do not apply to any
	 single rock crusher with a general permit.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:07.01 - Flat fee for asphalt plants

Current through Register Vol. 51, page 10, July 15, 2024
The annual flat fee for an existing single asphalt plant with a
	 general permit is $333. The administrative fee in §
									74:37:01:04, the annual air
	 emission fee in §
									74:37:01:05, and the annual
	 operational report in §
									74:37:01:06 do not apply to any
	 single asphalt plant with a general permit.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:07.02 - Flat fee for coal-fired power plants

Current through Register Vol. 51, page 10, July 15, 2024
The annual flat fee for any coal-fired power plant with a maximum heat
	 output rate of 400 megawatts or greater is $244,000. A coal-fired power plant
	 means any person, corporation, limited liability company, association, company,
	 partnership, political subdivision, municipality, rural electric cooperative,
	 consumers power district, or any group or combination acting as a unit, owning
	 or holding under lease, or otherwise, real property used, or intended for use,
	 for the conversion of coal into electric power. The administrative fee in
	 §
									74:37:01:04 and the annual air
	 emission fee in §
									74:37:01:05 do not
	 apply.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:08 - Notification of source

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the owner or operator of the source of the
	 amount of the required annual air emission fee and administrative fee or flat
	 fee by June 1 of each calendar year. The fees shall accrue on July 1 and are
	 payable to the Department of Environment and Natural Resources by July 31 of
	 each year.
General Authority:
SDCL
		34A-1-58,
		34A-1-60.
Law Implemented:
SDCL
		34A-1-60.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:37 - AIR POLLUTION CONTROL PROGRAM FEES › Chapter 74:37:01 - Air emission fees › Section 74:37:01:09 - Notification of error

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator of a source who believes that the assessed fee is
	 in error may submit a written explanation and supporting documentation
	 substantiating the error to the department. The submittal must be postmarked by
	 June 20. The department shall review the submittal and respond to the owner or
	 operator within 15 days after receiving the submittal.
General Authority:
SDCL
		34A-1-58.
Law Implemented:
SDCL
		34A-1-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:01 - General provisions › Section 74:50:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 34A-2-2 have the same meaning
	 when used in this article. In addition, "department" means the Department of
	 Environment and Natural Resources.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-93.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The procedures in this chapter apply to articles 74:51 to 74:56,
	 inclusive.
Editor's Note:
The Legislative Research Council
		constructed this section to maintain the intent of rules transferred from
		chapter 74:03:13 to chapter 74:50:02, effective July 1,
		1996.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-93.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:02 - Petition to initiate contested case

Current through Register Vol. 51, page 10, July 15, 2024
A person contesting a recommendation of the department concerning a
	 permit application or requesting an order from the board or secretary shall
	 file a petition for a contested case hearing. The petition shall be filed with
	 the department and shall contain the following:
(1) A statement of the petitioner's interest
  in the involved matter;
(2) A
  statement of the recommendation contested, if any, and the relief and decision
  requested from the board;
(3) A
  statement alleging the relevant facts and issues known to the petitioner, upon
  which the petitioner bases the contest or request to the board;
(4) A statement of the legal authority and
  jurisdiction under which the hearing would be held, if known;
(5) A reference to the particular statutes
  and rules involved, if known; and
(6) The signature of the petitioner or the
  petitioner's attorney.
The petitioner shall serve a copy of the petition upon all known
	 persons affected by the petitioner's request who shall be considered parties to
	 the proceeding.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-17,
		1-26-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:03 - Initiation of contested case

Current through Register Vol. 51, page 10, July 15, 2024
The board or secretary may on its own motion request that any matter
	 under its jurisdiction be scheduled for hearing. The department shall notice
	 the parties and the public of any hearing requested on motion of the board and
	 of the reasons for the hearing. The hearing shall follow the provisions of this
	 chapter.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-17,
		1-26-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:04 - Answer to petition to initiate contested case

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 days after the receipt of a petition an interested person
	 shall serve a written answer on the petitioner, the department, and other
	 parties of record. The answer shall respond to the allegations in the petition,
	 assert any other relevant factors, and state the desired decision of the board
	 or secretary. Failure to answer an allegation in a petition shall constitute an
	 admission of that fact. Further pleadings by parties in response to an answer
	 are not required unless ordered for purposes of clarification of the issues
	 involved in the contested case.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-17,
		1-26-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:05 - Intervention in contested case

Current through Register Vol. 51, page 10, July 15, 2024
A person who desires to intervene in a contested case proceeding shall
	 file a petition that substantially conforms to the requirements of §
									74:50:02:02. The petition shall be
	 filed with the department and served upon all parties of record. Pleadings in
	 response to an intervenor's petition shall not be made unless ordered for
	 purposes of clarification of the issues involved in the contested case. The
	 hearing chairman or secretary shall grant or deny the petition to intervene at
	 the prehearing meeting.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-16,
		1-26-17.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:06 - Initiation of enforcement hearing

Current through Register Vol. 51, page 10, July 15, 2024
The department shall initiate an enforcement hearing by filing a
	 petition that substantially complies with the requirements of §
									74:50:02:02. The department shall
	 serve a notice of a contested case which complies with the provisions of SDCL
	 1-26 and a copy of the petition upon the alleged violator.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-16,
		1-26-17.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:07 - Pleadings to be filed with department

Current through Register Vol. 51, page 10, July 15, 2024
The original of any petition, motion, or other pleading shall be filed
	 with the department. The person filing the pleading shall mail copies of it to
	 the prehearing examiner, hearing examiner if applicable, and all parties of
	 record.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:08 - Appointment of hearing chairman

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of a hearing before the board, the chair of the board
	 shall appoint a member of the board to act as chair of the hearing. The chair
	 of the hearing is responsible for all prehearing rulings, including motions to
	 intervene, motions for a continuance, and any other motions necessary to ensure
	 an orderly hearing process. A decision made by the chair of the hearing is a
	 final decision of the board unless reversed by a majority of the board at the
	 hearing on the matter. Notice of this appointment and of the date set for a
	 prehearing conference shall be served on all parties by the department. Upon
	 the filing of a petition for a hearing before the secretary, the secretary
	 shall be responsible for all prehearing rulings and shall schedule a prehearing
	 conference.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-18,
		1-26-19,
		1-26-19.2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:09 - Prehearing motions

Current through Register Vol. 51, page 10, July 15, 2024
Any party may make a prehearing motion by filing the motion in writing
	 with the department before the date set for the prehearing conference. Copies
	 of the motion shall be served upon the chair of the hearing or the secretary
	 and all parties of record. The motion shall contain the factual and legal bases
	 for the motion. The motion shall be heard and a decision on it made by the
	 chair of the hearing or the secretary at the prehearing
	 conference.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-18,
		1-26-19,
		1-26-19.2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:10 - Prehearing conference

Current through Register Vol. 51, page 10, July 15, 2024
The chair of the hearing or the secretary shall hold a prehearing
	 conference within 20 days after the filing of a petition for a contested case.
	 The chair of the hearing or the secretary shall decide all prehearing motions
	 at this conference and shall establish a reasonable discovery schedule. The
	 chair of the hearing or the secretary shall also set the time and place of the
	 hearing. Any other issue properly discussed at a pretrial conference under the
	 rules of civil procedure may be heard at the prehearing
	 conference.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-18,
		1-26-19,
		1-26-19.2.
Pretrial procedure, SDCL
		15-6-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:11 - Notice of contested case

Current through Register Vol. 51, page 10, July 15, 2024
The department shall issue a notice of a contested case proceeding
	 which complies with the provisions of SDCL 1-26. The notice shall refer to all
	 petitions filed with the department and shall be served upon all parties of
	 record.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-16,
		1-26-17,
		1-26-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:12 - Subpoenas

Current through Register Vol. 51, page 10, July 15, 2024
The chair of the hearing or the secretary shall issue any subpoena
	 necessary for the conduct of the hearing. A party wishing to obtain a subpoena
	 shall submit a written request and a proposed subpoena to the chair of the
	 hearing or the secretary.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-19.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:13 - Conduct of hearings

Current through Register Vol. 51, page 10, July 15, 2024
The chair of the hearing shall act as the chair of the board for the
	 contested case hearing before the board and shall make all necessary
	 evidentiary rulings during the proceeding.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:14 - Transcripts

Current through Register Vol. 51, page 10, July 15, 2024
A party wishing to obtain a transcript of a contested case hearing must
	 make arrangements with a court reporter prior to the hearing. The department or
	 the board may, on their own motion, have a transcript of a contested case
	 proceeding prepared; however, parties must obtain copies of the transcript from
	 the court reporter at their own expense.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:15 - Means and proof of service

Current through Register Vol. 51, page 10, July 15, 2024
The service of all pleadings, notices, or orders may be made by
	 certified mail or personal service. An affidavit of mailing or service, copies
	 of the receipts for delivery of certified mail, an admission of service, or
	 other competent evidence is proof of service.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:16 - Degree of proof required

Current through Register Vol. 51, page 10, July 15, 2024
Whenever, under the provisions of this chapter, a person is required to
	 find, demonstrate, show, or otherwise establish a fact, that fact must be
	 established by a preponderance of the evidence.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:17 - Appointment of hearing examiner

Current through Register Vol. 51, page 10, July 15, 2024
The secretary or the board may appoint a hearing examiner to conduct
	 the hearing of the contested case. After conducting the prehearing conference
	 and hearing the proceeding, the hearing examiner shall make a written
	 recommended memorandum decision to the board, which contains findings of fact,
	 conclusions of law, and an order. A copy shall be served upon all parties of
	 record. The secretary or board shall allow all parties to object in writing to
	 the hearing examiner's recommended decision and to present oral argument before
	 the board or secretary renders a final decision on the contested case
	 proceeding.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-18.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:18 - Decision made by majority of board

Current through Register Vol. 51, page 10, July 15, 2024
A final decision in a contested case before the board is that obtained
	 by a majority vote from a quorum of the board. Final decisions and resulting
	 orders must be signed by the chair of the board.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-23,
		1-26-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:02 - Contested case procedure › Section 74:50:02:19 - Findings of fact, conclusions of law, and order

Current through Register Vol. 51, page 10, July 15, 2024
All parties to a contested case proceeding shall present proposed
	 findings of fact, conclusions of law, and an order to the board or secretary at
	 the close of the hearing. The board or secretary shall adopt or reject
	 findings, conclusions, and an order in support of its decision, which
	 constitutes the agency's final decision. The department shall serve written
	 notice of the findings, conclusions, and order upon all parties to the
	 proceeding. A party may file written objections to the final decision within 10
	 days after receipt of the notice, although the appeal time under SDCL 1-26 runs
	 from the date of receipt of the notice.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-23,
		1-26-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:03 - Inspections › Section 74:50:03:01 - Scope

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may inspect all facilities, records, and reports
	 necessary under SDCL chapter 34A-2 or articles 74:51 to 74:56, inclusive. The
	 scope of an inspection shall be limited to that reasonably necessary to ensure
	 that pollution of waters of the state and other natural resources is not
	 occurring, that reports filed with the secretary are accurate, and that the
	 operation is being conducted pursuant to the permits, approvals, or orders
	 required by SDCL chapter 34A-2 or articles 74:51 to 74:56,
	 inclusive.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-45,
		34A-2-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:03 - Inspections › Section 74:50:03:02 - Timing

Current through Register Vol. 51, page 10, July 15, 2024
All facilities shall be inspected at least one time every five years of
	 operation. Other inspections may be made.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-45,
		34A-2-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:03 - Inspections › Section 74:50:03:03 - Permission

Current through Register Vol. 51, page 10, July 15, 2024
All applications for permits, approvals, or orders filed under SDCL
	 chapter 34A-2 or articles 74:51 to 74:56, inclusive, shall contain a notarized
	 statement by the operator granting permission to the secretary for the
	 performance of these inspections. If the board finds, after notice and hearing,
	 that an operator has withdrawn permission for the secretary to inspect the
	 operator's facility, the board may revoke or suspend the permit, approval, or
	 order.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		1-26-17,
		1-26-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:50 - Compliance procedures for water pollution control › Chapter 74:50:03 - Inspections › Section 74:50:03:04 - Search warrants

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall obtain a search warrant from the magistrate court
	 in the area of the involved facility before conducting an inspection if an
	 operator has withdrawn permission to inspect, unless the involved violation can
	 be discerned by the secretary without entering the operator's property. If the
	 secretary is investigating a complaint alleging waste, pollution, or
	 noncompliance with the provisions of SDCL chapter 34A-2 or articles 74:51 to
	 74:56, inclusive, an inspection may be conducted by the secretary only if the
	 operator consents to the inspection or if a search warrant is
	 obtained.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-45,
		34A-2-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:02 - Compliance with criteria for beneficial use

Current through Register Vol. 51, page 10, July 15, 2024
A person may not discharge or cause to be discharged into surface
	 waters of the state pollutants which cause the receiving water to fail to meet
	 the criteria for its existing or designated beneficial use or
	 uses.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:02.01 - Beneficial use analysis required

Current through Register Vol. 51, page 10, July 15, 2024
Before renewing an existing or issuing a new individual surface water
	 discharge permit under article 74:52, the secretary shall conduct an analysis
	 of the water body that receives, or is proposed to receive, the discharge. This
	 analysis is required for those water bodies that only have the fishery
	 beneficial use classification of fish and wildlife propagation, recreation, and
	 stock watering waters. Upon completion of the analysis, the secretary shall
	 determine whether the water body deserves a higher designation as listed in
	 §§
									74:51:01:45 to
	 74:51:01:51, inclusive, based on
	 the attainable use or uses identified during the analysis. If the secretary
	 determines that a higher classification is warranted, the secretary shall
	 include water quality-based limits in the renewed or new permit that are
	 necessary to protect the attainable beneficial use as determined by the
	 analysis. A review is required for any affected surface water discharge permit
	 issued after March 31, 1999.
General Authority:
SDCL
		34A-2-10,
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11,
		34A-2-93.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:03 - Restrictions for water with dual classifications

Current through Register Vol. 51, page 10, July 15, 2024
If waters have more than one designated beneficial use and criteria are
	 established for a parameter that is common to two or more uses, such as
	 coliform organisms or pH, the more restrictive criterion for the common
	 parameter applies.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:04 - Application of criterion to contiguous water

Current through Register Vol. 51, page 10, July 15, 2024
If pollutants are discharged into a segment and the criteria for that
	 segment's designated beneficial use are not exceeded, but the waters flow into
	 another segment whose designated beneficial use requires a more stringent
	 parameter criterion, the pollutants may not cause the more stringent criterion
	 to be exceeded.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:05 - Materials causing pollutants to form in waters

Current through Register Vol. 51, page 10, July 15, 2024
Wastes discharged into surface waters of the state may not contain a
	 parameter which violates the criterion for the waters' existing or designated
	 beneficial use or impairs the aquatic community as it naturally occurs. Where
	 the interaction of materials in the wastes and the waters causes the existence
	 of such a parameter, the material is considered a pollutant and the discharge
	 of such pollutants may not cause the criterion for this parameter to be
	 violated or cause impairment to the aquatic community.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-11,
		34A-2-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:06 - Visible pollutants prohibited

Current through Register Vol. 51, page 10, July 15, 2024
Raw or treated sewage, garbage, rubble, unpermitted fill materials,
	 municipal wastes, industrial wastes, or agricultural wastes which produce
	 floating solids, scum, oil slicks, material discoloration, visible gassing,
	 sludge deposits, sediments, slimes, algal blooms, fungus growths, or other
	 offensive effects may not be discharged or caused to be discharged into surface
	 waters of the state.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:07 - Acids and alkalis

Current through Register Vol. 51, page 10, July 15, 2024
No materials may be discharged or caused to be discharged which affect
	 the pH of the receiving waters by more than 0.5 pH unit. This does not apply to
	 pH fluctuations of more than 0.5 pH unit contributable to natural
	 influences.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:08 - Taste- and odor-producing materials

Current through Register Vol. 51, page 10, July 15, 2024
Materials which will impart undesirable tastes or undesirable odors to
	 the receiving water may not be discharged or caused to be discharged into
	 surface waters of the state in concentrations that impair a beneficial
	 use.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:09 - Nuisance aquatic life

Current through Register Vol. 51, page 10, July 15, 2024
Materials which produce nuisance aquatic life may not be discharged or
	 caused to be discharged into surface waters of the state in concentrations that
	 impair an existing or designated beneficial use or create a human health
	 problem.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:10 - Petroleum products

Current through Register Vol. 51, page 10, July 15, 2024
A discharge of insoluble materials of petroleum derivation that imparts
	 a visible film or sheen to the surface of the water or the adjoining shorelines
	 is prohibited.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:11 - Protection of wetlands as waters of the state

Current through Register Vol. 51, page 10, July 15, 2024
Wetlands are waters of the state and are allowed protection under the
	 provisions of this chapter. The discharge of pollutants from any source,
	 including indiscriminate use of fill material, may not cause destruction or
	 impairment of wetlands except where authorized under § 402 or § 404
	 of the Federal Water Pollution Control Act as amended to February 4, 1987, or
	 under 40 C.F.R. Parts 257 and 258, Solid Waste Disposal Facility Criteria;
	 Final Rule, as amended to July 1, 1996. The provisions of §§
									74:51:01:06 to
	 74:51:01:10, inclusive,
	 74:51:01:12, 74:51:01:34 to 74:51:01:39, inclusive, 74:51:01:52, and
	 74:51:01:63 to 74:51:01:65, inclusive, apply to all wetlands. In addition, the
	 department shall evaluate wetlands to determine the applicability of such
	 wetlands to the toxic pollutant standards provided in §
									74:51:01:55 and Appendix B at the
	 end of this chapter.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11,
		34A-2-21.
Criteria for toxic pollutants, §
											74:51:01:55.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:12 - Biological integrity of waters

Current through Register Vol. 51, page 10, July 15, 2024
All waters of the state must be free from substances, whether
	 attributable to human-induced point source discharges or nonpoint source
	 activities, in concentrations or combinations which will adversely impact the
	 structure and function of indigenous or intentionally introduced aquatic
	 communities.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
Introduction of nonnative fish into state waters prohibited, §
											41:07:01:11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:13 - Total dissolved gas pressure

Current through Register Vol. 51, page 10, July 15, 2024
In waters protected as coldwater fisheries, discharges from
	 impoundments or other sources may not cause the total dissolved gas pressure to
	 exceed 110 percent of the saturation value.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:14 - Radioactive iodine, radium, strontium, and tritium concentrations established

Current through Register Vol. 51, page 10, July 15, 2024
The average dissolved concentrations including the naturally occurring
	 or background concentrations of iodine-131, radium-226, strontium-89,
	 strontium-90, and tritium may not exceed the following concentration limits:
	 iodine-131, 5 pCi/L; radium-226, 5 pCi/L; strontium-89, 100 pCi/L;
	 strontium-90, 10 pCi/L; and tritium, 300 pCi/L.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:01 - Surface water quality standards › Section 74:51:01:15 - Concentrations established for miscellaneous radionuclides

Current through Register Vol. 51, page 10, July 15, 2024
For all radionuclides not listed in §
									74:51:01:14, the average dissolved
	 concentration limits in surface waters of the state are 1/150 of the
	 corresponding maximum permissible concentration in water for continuous
	 occupational exposure for a 168-hour week as contained in pages 24 to 91,
	 inclusive, of Handbook 69.
General Authority:
SDCL
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
Handbook 69, Maximum Permissible Body Burdens and Maximum
		Permissible Concentrations of Radionuclides in Air and in Water for
		Occupational Exposure
, issued June 5, 1959, amended August 1963, AFP
		160-6-7, 101 pages, U.S. Department of Commerce, National Bureau of Standards.
		This document is available from the Hilton M. Briggs Library, South Dakota
		State University, Brookings, SD 57007-1098. The Call Number for this document
		is C13.11:69. The document may be borrowed from the library, or copied at the
		library at $0.05 per page. The document can be scanned for free. It is also
		available online at
https://www.osti.gov/etdeweb/servlets/purl/20738430.