reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:26 - Permit requirements › Section 74:28:26:01 - Requirements to permit a treatment, storage, or disposal facility

Current through Register Vol. 51, page 10, July 15, 2024
The requirements to permit a treatment, storage, or disposal facility
	 are those in 40 C.F.R.
	 §§
										270.1 to
	 270.320, inclusive, except
	 §§270.1(c)(2)(ix) and 270.14(b)(18); and Appendix I to § 270.42;
	 40 C.F.R. §§
										124.1(b);
	 124.2(a);
	 124.3(a);
	 124.5(a);
	 124.5(c);
	 124.6(a),
	 (b), (d), and (e);
	 124.11;
	 124.31(b),
	 (c), and (d);
	 124.32(b)
	 and (c);
	 124.33(b)
	 to (f); and §§
									124.200 to
	 124.214, inclusive;
	 40 C.F.R. §§
										144.31(g)(1) to (3),
	 inclusive. Any interested person may contest the issuance of a permit by
	 following the procedures in chapter 74:09:01.
The requirements for a preapplication public meeting and notice found
	 in 40 C.F.R. §
										124.31 apply to all hazardous waste permit
	 applications seeking initial permits for hazardous waste management units, to
	 hazardous waste permit applications seeking coverage under a standardized
	 permit under §270 subpart J, and to hazardous waste permit applications
	 seeking renewal of permits if the renewal application is proposing a
	 significant change in facility operations. A significant change to a hazardous
	 waste permit is any change that is considered a Class 3 permit modification
	 under 40 C.F.R. § 270 . A significant change to a standardized permit is
	 defined at §124.211(c). The requirements of this paragraph for a
	 preapplication public meeting and notice do not apply to hazardous waste permit
	 applications or permit modifications that are submitted for the sole purpose of
	 conducting post-closure activities or post-closure activities and corrective
	 action at a facility.
The requirements for public notice at the application stage found in
	 40 C.F.R. §
										124.32 apply to all hazardous waste permit
	 applications seeking initial permits for hazardous waste management units and
	 to applications seeking renewal of permits for such units under
	 40 C.F.R. §
										270.51. The requirements for public notice at
	 the application stage do not apply to hazardous waste units permitted under a
	 standardized permit under 40 C.F.R. § 270 subpart J, to hazardous waste
	 permit modifications under 40 C.F.R. §
										270.42 or to
	 applications submitted for the sole purpose of conducting post-closure
	 activities or post-closure and corrective action at a facility.
The requirement for an information repository found in
	 40 C.F.R. §
										124.33 applies to all applications seeking a
	 hazardous waste permit for hazardous waste management units.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-12,
		34A-11-13,
		34A-11-14,
		34A-11-15.
Special requirements for landfills and surface impoundments, §
											74:28:34:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:27 - Management of specific hazardous wastes › Section 74:28:27:01 - Requirements for the management of specific hazardous wastes

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for the management of specific hazardous wastes and
	 specific types of hazardous waste management facilities are those in
	 40 C.F.R. §§
										266.20 to
	 266.510, inclusive, Appendices I,
	 II, III, IV, V, VI, VII, VIII, IX, XI, XII, and XIII; and §§279.1 to
	 279.82(a), inclusive.
The language in 40
	 C.F.R. §
										279.82(a)"except when such
	 activity takes place in one of the states listed in paragraph (c) of this
	 section" is not incorporated by reference.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:28 - Interim status standards for facilities › Section 74:28:28:01 - Interim status standards for treatment, storage, and disposal facilities

Current through Register Vol. 51, page 10, July 15, 2024
The interim status standards for hazardous waste treatment, storage,
	 and disposal facilities are those in
	 40 C.F.R. §
										144.1(h); §§
									265.1 to
	 265.1316, inclusive, except
	 40 C.F.R. §§
										265.1(c)(4),
	 265.1(c)(15),
	 265.18,
	 265.149,
	 265.150,
	 265.191(a)
	 and (c),
	 265.440(a),
	 265.1030(c),
	 265.1050(f), and
	 265.1080(e), (f), and
	 (g); Appendices I, III, IV, V, and VI.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-12,
		34A-11-16.
Special requirements for landfills and surface impoundments, §
											74:28:34:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:28 - Interim status standards for facilities › Section 74:28:28:02 - Underground placement of waste prohibited

Current through Register Vol. 51, page 10, July 15, 2024
The placement of any hazardous waste in an interim status facility that
	 is also a salt dome, salt bed formation, underground mine or cave is
	 prohibited.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-12,
		34A-11-13,
		34A-11-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:28 - Interim status standards for facilities › Section 74:28:28:03 - Assessment of existing tank system's integrity

Current through Register Vol. 51, page 10, July 15, 2024
For each tank system that does not have secondary containment meeting
	 the requirements of 40
	 C.F.R. §
										265.193, the owner or operator
	 must determine that the tank system is not leaking or is unfit for use.
The owner or operator must obtain and keep on file at the facility a
	 written assessment reviewed and certified by an independent, registered
	 professional engineer licensed to do business in South Dakota in accordance
	 with 40 C.F.R. §
										270.11(d), that attests to
	 the tank system's integrity by January 12, 1988, for HSWA tanks and September
	 14, 1990, for non-HSWA tanks.
Tank systems that store or treat materials that become hazardous wastes
	 subsequent to July 14, 1986, for HSWA tanks and subsequent to June 7, 1989, for
	 non-HSWA tanks must conduct this assessment within 12 months after the date
	 that the wastes become a hazardous waste.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34-11-10,
		34A-11-12,
		34A-11-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:28 - Interim status standards for facilities › Section 74:28:28:04 - Containment and detection of releases from tanks

Current through Register Vol. 51, page 10, July 15, 2024
To prevent the release of hazardous waste or hazardous constituents to
	 the environment, secondary containment that meets the requirements of this
	 chapter must be provided, except as provided in
	 40 C.F.R. §
										265.193(f) and (g), as
	 follows:
(1) For all new tank systems
  or components, before they are put into service;
(2) For all existing tank systems used to
  store or treat EPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and
  F027, within two years after January 12, 1987, for HSWA tanks and two years
  after September 14, 1989, for non-HSWA tanks;
(3) For those existing tank systems of known
  or documented age, within two years after January 12, 1987, for HSWA tanks and
  two years after September 14, 1989, for non-HSWA tanks or when the tank system
  has reached 15 years of age, whichever comes later;
(4) For those existing tank systems for which
  the age cannot be documented, within eight years after January 12, 1987, for
  HSWA tanks and within eight years after September 14, 1989, for non-HSWA tanks;
  but if the age of the facility is greater than seven years, secondary
  containment must be provided by the time the facility reaches 15 years of age
  or within two years after January 12, 1987, for HSWA tanks or within two years
  after September 14, 1989, for non-HSWA tanks, whichever comes later;
  and
(5) For tank systems that store
  or treat materials that become hazardous waste subsequent to January 12, 1987,
  for HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time
  interval required in subdivisions (1) to (4), inclusive, of this section,
  except that the date that a material becomes hazardous waste must be used in
  place of January 12, 1987, for HSWA tanks and September 14, 1989, for non-HSWA
  tanks.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-12,
		34A-11-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:28 - Interim status standards for facilities › Section 74:28:28:05 - Definition of new and existing drip pads for certain wood preserving wastes

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of 40 C.F.R. Part 265, Subpart W apply to owners and
	 operators of facilities that use new or existing drip pads to convey treated
	 wood drippage, precipitation, or surface water runoff to an associated
	 collection system.
For EPA hazardous waste number F032 wastes, existing drip pads are
	 those constructed before December 6, 1990, and those for which the owner or
	 operator has a design and has entered into binding financial or other
	 agreements for construction prior to December 6, 1990. For EPA hazardous waste
	 numbers F034 and F035 wastes, existing drip pads are those constructed before
	 July 7, 1992, and those for which the owner or operator has a design and has
	 entered into before July 7, 1992, binding financial or other agreements for
	 construction. All other drip pads are new drip pads.
For EPA hazardous waste number F032 wastes, the requirement at
	 40 C.F.R. §
										265.443(b)(3) to install a
	 leak collection system applies only to those drip pads that are constructed
	 after December 24, 1992, for which the owner or operator has a design and has
	 entered into before December 24, 1992, binding financial agreements for
	 construction. For EPA hazardous waste numbers F034 and F035 wastes, the
	 requirement at 40 C.F.R.
	 §
										265.443(b)(3) to
	 install a leak collection system applies only to those drip pads that are
	 constructed after September 29, 1994, for which the owner or operator has a
	 design and has entered into before September 29, 1994, binding financial or
	 other agreements for construction.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-12,
		34A-11-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:29 - Interim status for existing surface impoundments › Section 74:28:29:01 - Interim status for existing surface impoundments

Current through Register Vol. 51, page 10, July 15, 2024
Surface impoundments in existence on November 8, 1984, or which become
	 subject to the requirements in § 3005(j)(6)(A) or (B) of the Resource
	 Conservation and Recovery Act as amended through January 1, 1989, must comply
	 with the double liner, leachate collection, and groundwater requirements
	 applicable to new units by November 8, 1988, or by the date specified in §
	 3005(j)(6)(A) or (B) or must stop treating, receiving, or storing hazardous
	 waste unless the surface impoundment qualifies for a special exemption
	 specified in § 3005(j). These surface impoundments must comply with all
	 applicable regulations under chapter 74:28:28.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-12,
		34A-11-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:30 - Land disposal restrictions › Section 74:28:30:01 - Land disposal restrictions

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for hazardous wastes that are restricted from land
	 disposal are those in 40
	 C.F.R. §§
										268.1 to
	 268.4, inclusive;
	 40 C.F.R. §§
										268.7 to
	 268.50, inclusive, except
	 40 C.F.R. §§
										268.13,
	 268.42(b) and
	 268.44; Appendices III, IV, VI,
	 VII, VIII, IX, and XI.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-12,
		34A-11-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:32 - Toxic cleanup day, Executed

Current through Register Vol. 51, page 10, July 15, 2024
The Legislative Research
	 Council deleted the rules in this chapter as executed provisions following the
	 report to the Legislature in January, 1992, required by the underlying statute,
	 SDCL 34A-11-4.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:33 - Management of universal hazardous waste › Section 74:28:33:01 - Management of universal hazardous waste

Current through Register Vol. 51, page 10, July 15, 2024
The standards for management of universal hazardous waste are those in
	 40 C.F.R. §§
										273.1 to
	 273.81, inclusive.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:34 - Special requirements for landfills and surface impoundments › Section 74:28:34:01 - Exposure information from landfills and surface impoundments

Current through Register Vol. 51, page 10, July 15, 2024
The application for a hazardous waste landfill or a surface impoundment
	 must be accompanied by information on the potential for the public to be
	 exposed to hazardous wastes or hazardous constituents. At a minimum, such
	 information must address the following:
(1) Reasonably foreseeable potential releases
  from both normal operations and accidents at hazardous waste landfills and
  surface impoundments, including releases associated with transportation to or
  from these facilities;
(2) The
  potential pathways of human exposure to hazardous wastes or constituents
  resulting from these releases;
(3)
  The potential magnitude and nature of the human exposure resulting from such
  releases; and
(4) Other relevant
  information.
The secretary shall make available this information to the Agency for
	 Toxic Substances and Disease Registry. The secretary may request the
	 administrator of the Agency for Toxic Substances and Disease Registry to
	 conduct a health assessment in connection with a hazardous waste landfill or a
	 surface impoundment if a hazardous waste landfill or a surface impoundment
	 poses a substantial risk to human health because of the existence of releases
	 of hazardous waste or hazardous constituents.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-12,
		34A-11-13,
		34A-11-16.
Note:
The agency for Toxic Substances and Disease
		Registry is a part of the federal Department of Health and Human
		Services.
Standards for hazardous waste treatment, storage, and disposal
		facilities, §
											74:28:25:01.
Requirements to permit a treatment, storage, or disposal facility,
		§
											74:28:26:01.
Interim status standards for treatment, storage, and disposal
		facilities, §
											74:28:28:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:02 - Computation of time

Current through Register Vol. 51, page 10, July 15, 2024
In computing any time period prescribed by this article, the day of the
	 act from which the designated period of time begins to run shall not be
	 included. The last day of the period shall be included unless it is a Saturday,
	 Sunday, or legal holiday, in which case the period runs until the end of the
	 next day which is not a Saturday, Sunday, or legal holiday. When the period of
	 time prescribed or allowed is less than seven days, intermediate Saturdays,
	 Sundays, and legal holidays shall be excluded in the
	 computation.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-15,
		45-6B-17,
		45-6B-28,
		45-6B-30.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:03 - Presubmission meetings

Current through Register Vol. 51, page 10, July 15, 2024
Applicants may schedule meetings with the department and other review
	 agencies to discuss general and technical application requirements in advance
	 of permit application preparation.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:04 - Submission of mining permit application

Current through Register Vol. 51, page 10, July 15, 2024
The following procedures apply to the submission of a permit
	 application:
(1) The applicant shall
  transmit to the department proof of submission of a copy of the application to
  the register of deeds in the county in which the affected land is
  located;
(2) To facilitate
  departmental review of an application, the applicant may submit three copies of
  the application; and
(3) To
  facilitate agency review of an application, the applicant may submit copies of
  the application by certified mail to the following agencies at the same time
  the application is submitted to the department:
(a) The department of game, fish and
  parks;
(b) The department of
  agriculture;
(c) The department of
  education and cultural affairs;
(d)
  The U.S. forest service, if lands under its jurisdiction are included in the
  proposed operation;
(e) The local
  conservation district;
(f) The U.S.
  bureau of land management, if lands under its jurisdiction are included in the
  proposed operation; and
(g) The
  department of health.
A copy of the return receipts shall be submitted to the
	 department.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:05 - Interested persons mailing list

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days after the submission of a permit application, the
	 department shall notify individuals on the interested persons mailing list and
	 the appropriate county commission of the application submission. An individual
	 wishing to be included on the interested persons mailing list must provide the
	 department with a name and mailing address.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-15 to
		45-6B-17,
		45-6B-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:06 - Request for copy of mining operation permit application

Current through Register Vol. 51, page 10, July 15, 2024
A person may request a copy of a permit application before or after the
	 determination of its completeness by contacting the department. The department
	 shall supply the requesting party a copy of the application exclusive of
	 confidential information as provided in SDCL
	 45-6B-19.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-15 to
		45-6B-17,
		45-6B-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:07 - Determination of procedural completeness

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine the procedural completeness of a permit
	 application as follows:
(1) Within 30
  days after submission of an application, the department shall notify the
  applicant in writing whether the application is procedurally
  complete;
(2) An application is
  considered filed on the final day of the initial 30-day review period if it is
  procedurally complete; if the application is procedurally incomplete, the
  department shall identify in the notification the items required to complete
  the application. The department shall determine the adequacy of the applicant's
  response to the notice of deficiencies and shall notify the applicant in
  writing of the adequacy of the response within 7 days after receipt of the
  response. If the response is adequate, the application is considered
  filed;
(3) If the response is
  inadequate, the applicant may do one of the following:
(a) Submit additional information necessary
  to complete the application;
(b)
  Request in writing that the application be considered filed; or
(c) Withdraw the application.
If additional information is submitted to complete the application, the
	 procedure in subdivision (2) of this section shall be
	 followed.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:08 - Notice of filing

Current through Register Vol. 51, page 10, July 15, 2024
When the permit application is procedurally complete and is considered
	 filed, the department shall provide the applicant with the notice of filing
	 prescribed in SDCL
	 45-6B-16. Before the notice of
	 filing is published, the applicant must file all additional information
	 contained in its response to completeness deficiencies with the office of the
	 register of deeds in the county in which the affected land is located. Proof of
	 the filing with the register of deeds and an affidavit of publication of the
	 notice of filing shall be transmitted to the department.
The department, at its own discretion and cost, may publish a notice of
	 filing in newspapers throughout the state other than those prescribed by SDCL
	 45-6B-16.
The department shall provide a copy of the notice of filing to the
	 board, to individuals on the interested persons mailing list, and to the county
	 commission of a county containing affected land within 10 days after the filing
	 of an application for a large-scale operation or 5 days after the filing of an
	 application for a small-scale operation.
The notice of filing shall state the deadline for intervention in the
	 application proceeding. The notice of filing shall include a statement that a
	 permit will be issued if the application is uncontested and the department's
	 recommendation is for approval or conditional approval. The approximate date of
	 the issuance of the department's recommendation shall be included in the notice
	 of filing.
General Authority:
SDCL
		45-6B-59,
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-11,
		45-6B-15,
		45-6B-16,
		45-6B-29.
Interested persons mailing list, §
											74:29:01:05.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:09 - Intervention in application proceeding

Current through Register Vol. 51, page 10, July 15, 2024
A person may request permission to intervene in the permit application
	 proceeding by filing a petition pursuant to the provisions of §
									74:09:01:01 within 20 days for
	 large-scale operations or 7 days for small-scale operations after the date of
	 the last publication of the notice of filing. Upon the filing of a petition,
	 the contested case procedures of chapter 74:09:01 apply to the application
	 proceeding unless they are specifically altered in this
	 article.
General Authority:
SDCL
		45-6B-59,
		45-6B-81.
Law Implemented:
SDCL
		45-6B-16,
		45-6B-29,
		45-6B-30.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:10 - Summary document

Current through Register Vol. 51, page 10, July 15, 2024
For large-scale mining operation permit applications, the department,
	 in consultation with the applicant, shall prepare a summary document describing
	 the major elements of the proposed mining operation and identifying the
	 critical environmental issues involved. The summary document and any responsive
	 comments submitted by the applicant shall be made available to intervening
	 parties and the public upon request.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-29,
		45-6B-30.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:11 - Information added after filing

Current through Register Vol. 51, page 10, July 15, 2024
Additional information submitted to the department by the applicant to
	 supplement, correct, amend, or clarify an application following filing must
	 also be filed with the register of deeds in the county in which the affected
	 land is located and sent by certified mail to the applicable review agencies by
	 the applicant. The filing and mailing must occur within 35 days after the
	 filing of a large-scale application or 20 days after the filing of a
	 small-scale application, and at least 20 days before the hearing date. The
	 applicant must transmit proof of filing and mailing to the department.
The department shall provide a list of the additional materials
	 submitted by the applicant after the filing of the application to the
	 applicable county commission, interested persons, and intervening parties. The
	 list shall be provided within 35 days after the filing of a large-scale
	 application or 20 days after the filing of a small-scale application and at
	 least 20 days before the hearing date. The department shall provide copies of
	 any item, with the exception of confidential information pursuant to SDCL
	 45-6B-19, to a person upon
	 request.
An agency must submit comments on additional information to the
	 department prior to the issuance of the department's recommendation. An
	 intervening party must submit comments on additional information to the
	 department at least 15 days before the hearing date. The department shall
	 transmit copies of such comments to the applicant.
General Authority:
SDCL
		45-6B-59,
		45-6B-81.
Law Implemented:
SDCL
		45-6B-11,
		45-6B-15,
		45-6B-30,
		45-6B-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:12 - Notice to agencies of filing

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days after the filing of a large-scale permit application or
	 5 days after the filing of a small-scale permit application, the department
	 shall send copies of the application to the departments of agriculture,
	 education and cultural affairs, game, fish and parks, and health pursuant to
	 SDCL 45-6B-11. If copies of the
	 application have already been provided to these agencies pursuant to
	 subdivision 74:29:01:04(3), the department shall notify the agencies that the
	 application has been filed and that they have 30 days for a large-scale
	 operation or 20 days for a small-scale operation to respond pursuant to SDCL
	 45-6B-11. Responses to
	 completeness deficiencies submitted to the department by the applicant shall be
	 provided to the agencies with this notification, unless already
	 provided.
General Authority:
SDCL
		45-6B-59,
		45-6B-81.
Law Implemented:
SDCL
		45-6B-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:13 - Hearing date

Current through Register Vol. 51, page 10, July 15, 2024
The department shall schedule a hearing date pursuant to SDCL
	 45-6B-30 or
	 45-6B-59 within 10 days after the
	 filing of a permit application.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-16,
		45-6B-30,
		45-6B-59.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:14 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the notice of hearing requirements of SDCL
	 45-6B-30 and
	 45-6B-59, the department shall
	 mail copies of the notice of hearing to the county commission of a county
	 containing affected land and individuals on the interested persons mailing
	 list. This mailing shall occur at the same time the notice of hearing is sent
	 for publication to the newspaper in the locality of the mining
	 operation.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-30,
		45-6B-59.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:15 - Department recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall make a recommendation on a permit application 30
	 days before the hearing date for large-scale operations or 15 days before the
	 hearing date for small-scale operations. The recommendation shall include
	 proposed permit conditions and reasons for approval or denial of the
	 application. A copy of the recommendation shall be transmitted by the
	 department to the applicant, the county commission of a county containing
	 affected land, interested persons, intervening parties, and review
	 agencies.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-30,
		45-6B-59.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:16 - Permit changes by applicant prohibited immediately prior to hearing

Current through Register Vol. 51, page 10, July 15, 2024
During the 20-day period immediately preceding a hearing, the applicant
	 may not change or amend a permit application unless the change or amendment is
	 stipulated by all parties to the pending hearing proceeding.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-30,
		45-6B-59.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:17 - Permit area boundaries

Current through Register Vol. 51, page 10, July 15, 2024
In determining the permit area boundary, the board shall consider the
	 following:
(1) The county conditional
  use permit area boundary;
(2) The
  legal right of the applicant to conduct a mining operation within the proposed
  permit area boundary;
(3) The
  location of the proposed permit boundary with respect to special or unique land
  pursuant to § 74:29:07:29; and
(4) The ratio of the proposed permit area to
  the proposed affected land.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3,
		45-6B-5,
		45-6B-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:18 - Recommendation uncontested - Notice of decision - Recommendation contested

Current through Register Vol. 51, page 10, July 15, 2024
The department shall submit its recommendation to the board in
	 accordance with §
									74:29:01:15. If, within seven days
	 after the issuance of the recommendation, the board, the applicant, or any
	 person does not contest the recommendation, the recommendation is the final
	 determination on the application.
The department shall transmit a notice of decision to the applicant,
	 individuals on the interested persons mailing list, and the county commission
	 of the county containing affected land. The notice shall approve, conditionally
	 approve, or deny the permit application as specified in the department's
	 recommendation and shall contain any conditions or restrictions imposed by the
	 department and other review agencies.
If a petition contesting the recommendation is filed within the
	 seven-day period, the contested case procedures of chapter 74:09:01 apply to
	 the application proceeding unless they are specifically altered in this
	 article. The department shall schedule a hearing before the board. The
	 department shall mail a copy of the petition and a notice of hearing to the
	 applicant and other parties.
General Authority:
SDCL
		45-6B-81,
		45-6B-88.
Law Implemented:
SDCL
		45-6B-29,
		45-6B-30,
		45-6B-31,
		45-6B-32,
		45-6B-59,
		45-6B-88.
Department recommendation, §
											74:29:01:15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:01 - Permit applications - Filing and review › Section 74:29:01:19 - Report required following issuance of uncontested permit

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with SDCL
	 1-40-29, following the issuance of
	 any uncontested permit under this chapter, the secretary shall give the board a
	 report containing the following information:
(1) The notice of decision pursuant to §
									74:29:01:18;
(2) The name, address, and telephone number
  of the operator;
(3) The legal
  description of the affected land;
(4) The mineral or minerals to be
  extracted;
(5) A narrative
  description of the permit or the summary document prepared pursuant to §
									74:29:01:10;
(6) The proposed duration of the
  operation;
(7) The affected land
  acreage;
(8) The surface mining
  disturbed land acreage; and
(9) The
  postmining land use of the area.
General Authority:
SDCL
		45-6B-81,
		45-6B-88.
Law Implemented:
SDCL
		45-6B-88.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:01 - Procedural completeness requirements

Current through Register Vol. 51, page 10, July 15, 2024
For a large-scale mining operation, a procedurally complete permit
	 application must contain all information necessary to address SDCL
	 45-6B-4 to
	 45-6B-10, inclusive; 45-6B-14;
	 45-6B-15; 45-6B-32 to 45-6B-33.2, inclusive; 45-6B-37 to
	 45-6B-4 6, inclusive;
	 45-6B-81; 45-6B-91; and 45-6B-92.
	 For a small-scale mining operation, a procedurally complete permit application
	 must contain all information necessary to address SDCL 45-6B-4; 45-6B-8;
	 45-6B-9; 45-6B-15; 45-6B-32; 45-6B-33; 45-6B-33.2; 45-6B-37 to 45-6B-46,
	 inclusive; 45-6B-53 to 45-6B-55, inclusive; 45-6B-81; 45-6B-91; and 45-6B-92.
	 The applicant must indicate which sections of the permit application fulfill
	 the statutory application requirements and describe how the information meets
	 those requirements.
General Authority:
SDCL 45-6B-81.
Law Implemented:
SDCL
		45-6B-4 to
		45-6B-10,
		45-6B-14,
		45-6B-15,
		45-6B-32 to
		45-6B-33.2,
		45-6B-37 to
		45-6B-46,
		45-6B-53 to
		45-6B-55,
		45-6B-81,
		45-6B-91,
		45-6B-92.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:02 - Local zoning requirements

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-4, a permit application is
	 not considered procedurally complete until all county or city zoning ordinances
	 and requirements have been met or until the applicant provides proof that the
	 operation is in substantial compliance with the procedure for obtaining
	 necessary county or city permits.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:03 - Surface and mineral owners

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-6(2) and
	 (3), the name of the surface owner of the
	 affected land, the owner of the mineral to be mined, and a map clearly
	 depicting all surface and mineral owners of the affected land must be included
	 for the permit application to be considered procedurally
	 complete.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:04 - Mining and milling methods

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-6(8), a
	 permit application is considered procedurally complete if the following items
	 are included:
(1) A narrative
  description of the mining and milling techniques to be employed;
(2) A narrative description of and plan view
  maps depicting the premining contours and proposed postmining
  topography;
(3) A narrative
  description of the proposed depth and direction of mining and representative
  cross-sections depicting the premining and proposed postmining land
  surface;
(4) A map depicting the
  proposed locations of tailings dams, waste dumps, ore stockpiles, or other mine
  spoil material;
(5) A stability
  analysis for all critical earth structures; and
(6) A description of the proposed blast
  procedures and a proposed program for mitigating resulting fugitive dust,
  noise, and potential structural or stability damage outside the permit
  area.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:05 - Timetable

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-6(10), a
	 permit application is considered procedurally complete if the timetable
	 includes a narrative description of existing plans for future exploration and
	 mining in the area of the proposed operation.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:06 - Historic or archaeologic significance

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-7(5), in
	 evaluating the permit area for characteristics of historic or archaeologic
	 significance of the affected land, the operator shall consult the state
	 archaeologist's office. If the state archaeologist's office determines that the
	 proposed operation may impact significant historic or archaeologic sites, a
	 cultural resources management survey may be required. If sites are found that
	 are eligible for the state or national historic register, a plan for mitigating
	 the effects of the proposed operation shall be prepared in cooperation with the
	 state archaeologist's office and submitted as part of the
	 application.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:07 - Water quality and water level data

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-7(9),
	 baseline water quality and water level data must be submitted with the
	 application. The data must represent at least a one-year period during which
	 data is collected monthly unless the applicant can demonstrate to the
	 satisfaction of the department that less frequent sampling or sampling for a
	 shorter period for specific locations is hydrologically justifiable. In no case
	 may baseline sampling be less frequent than quarterly.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:08 - Reclamation costs

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-7(12),
	 estimated reclamation costs must be submitted for each component of the
	 affected land; for example, the mine pit, waste dumps, heaps, and ponds. A cost
	 analysis for each activity to be conducted in implementing reclamation of the
	 components of the proposed operation must be included. The method for
	 calculating estimated reclamation costs must be described in detail. If an
	 applicant intends to propose phased bonding based on the estimated land to be
	 affected at any one time, a similar analysis is required for each
	 phase.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:09 - Permit area boundary - Map requirements

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-10, the map must clearly
	 depict the applicant's proposed permit area boundary.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-10.
Map requirements for large-scale mining operations, §
											74:29:02:12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:10 - Revegetation

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-39, the application must
	 address revegetation as described in §
									74:29:07:06.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:11 - Effect on hydrologic balance and on surface water and groundwater

Current through Register Vol. 51, page 10, July 15, 2024
For SDCL
	 45-6B-41, the following
	 information may be required to address the potential impact to the hydrologic
	 balance of the affected land and to determine if a groundwater discharge plan
	 is required pursuant to chapter 74:54:02 or a surface water discharge permit
	 (SWD) is required pursuant to chapter 74:52:01:
(1) A baseline surface and groundwater
  report, including a description of the aquifers potentially affected by the
  operation, the geology of the area of affected land, surface and groundwater
  quality and quantity, groundwater level data, surface water discharge rates,
  ground water gradients, groundwater recharge and discharge areas, meteorologic
  data, and other information necessary to characterize the hydrologic
  system;
(2) Representative geologic
  cross-sections;
(3) A surface water
  inventory map on a topographic base map, depicting all identifiable surface
  water resources potentially affected by the operation, including seeps,
  springs, rivers, streams, lakes, ponds, wetlands, and dams;
(4) A well location inventory map depicting
  any identifiable wells, excluding exploration test holes, located within one
  mile of the boundary of the permit area;
(5) A potentiometric surface map on a
  topographic base map;
(6) A
  geochemical characterization of ore and waste rock. At a minimum, the EP
  Toxicity test shall be used;
(7) A
  surface and groundwater monitoring plan for the life of the mine;
(8) A meteorologic monitoring plan;
(9) A drainage, erosion, and sedimentation
  control plan;
(10) For operations
  using chemicals in the milling process, a description of the proposed methods
  to monitor and collect leakage or spills and a spill contingency
  plan;
(11) An estimate of the
  project water requirements including flow rates and volumes for each phase of
  the operation. This estimate must include a description of the potential affect
  on the quality and quantity of the proposed water source;
(12) A description of the chemical
  characteristics of process solutions and the chemicals used to process ore,
  including a range of operating concentrations; and
(13) Preliminary engineering plans and
  specifications for pollution control facilities and a quality assurance/quality
  control plan for the construction of such facilities.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
Test Methods for Evaluating Solid Waste, Physical and Chemical
		Methods
, SW846 February 1987, stock number 955-001-00000 -1. Published
		by U.S. Environmental Protection Agency. Copies are available from the
		subscription desk, U.S. Government Printing Office, Washington, D.C.
		20402-9325. The cost is $110.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:02 - Permit applications - Completeness requirements › Section 74:29:02:12 - Map requirements for large-scale mining operations

Current through Register Vol. 51, page 10, July 15, 2024
All maps submitted with large-scale permit applications must be legible
	 and drawn to a scale which clearly shows the elements being delineated. Maps
	 must conform to the following criteria:
(1) Show the name of the applicant;
(2) Be prepared and signed by a person
  qualified in the preparation of maps;
(3) Give the date prepared;
(4) Identify the requirement the map is
  intended to fulfill;
(5) Include a
  legend indicating the items shown on that particular map;
(6) Clearly indicate township, range, and
  section boundaries; and
(7)
  Identify scale.
Base maps must identify all major topographic features and landmarks,
	 streams, towns, subdivisions, historic or archaeologic sites, utilities, roads,
	 and buildings. In lieu of delineating these items on the map, the use of a
	 standard U.S. geological survey seven-and-one-half-minute quadrangle map may be
	 used as a base map.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:01 - Permit amendment required

Current through Register Vol. 51, page 10, July 15, 2024
A permit amendment is required for an increase of more than 20 percent
	 of contiguous affected land within the permit area or for a minor modification
	 of the terms and conditions of the operating or reclamation plans. Minor
	 modifications include the following:
(1) An increase in milling or mining
  capacity;
(2) A change in the
  reclamation plan timetable; or
(3)
  The addition of ancillary facilities of a minor nature.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-18.