reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:22 - Notice of violation

Current through Register Vol. 51, page 10, July 15, 2024
Unless contested, a notice of violation issued under SDCL
	 34A-6-1.22 to
	 34A-6-1.25, inclusive, becomes
	 final 20 days after receipt by the violator.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:23 - Permit suspension, revocation, and reinstatement

Current through Register Vol. 51, page 10, July 15, 2024
A permit suspended under SDCL
	 34A-6-1.21 to
	 34A-6-1.27, inclusive, may be
	 reinstated only upon timely compliance with all orders to cease violation and
	 compliance with all required actions for preventing, abating, and controlling
	 pollution. Upon revocation, a permit may not be reinstated.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:09 - Solid waste permit applications › Section 74:27:09:01 - Signatory requirements

Current through Register Vol. 51, page 10, July 15, 2024
The operator, the landowner, and any lien holder of public record shall
	 sign all permit applications. All persons signing the application must be
	 authorized agents. The following persons are considered authorized
	 agents:
(1) For a municipal, state,
  federal or other public agency, the head of the agency, or the ranking elected
  official;
(2) For a corporation, a
  principal executive officer of at least the level of vice president;
  and
(3) For a sole proprietorship
  or partnership, the proprietor or a general partner, respectively.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:09 - Solid waste permit applications › Section 74:27:09:02 - Permit application instructions

Current through Register Vol. 51, page 10, July 15, 2024
A permit application consists of the information required by the
	 applicable provisions of §§
									74:27:09:03 to
	 74:27:09:06, inclusive, and the
	 fee established in §
									74:27:08:03. Design and
	 construction portions of a permit application must be prepared and certified by
	 a qualified professional engineer registered in the state of South Dakota.
	 Applicants for permits for new Type I or IIA facilities must submit ten copies
	 of the permit application to the secretary. Applicants for permits for all
	 other new facilities and for expansions of existing facilities must submit
	 three copies of the permit application to the secretary. All applicants must
	 file one copy of the permit application with the county commission of the
	 county in which the proposed facility is to be located, and file one copy of
	 the permit application with the municipality which is nearest to the proposed
	 facility. In addition, the applicant must notify by certified mail all adjacent
	 land owners of record, according to property tax roles, that an application has
	 been filed.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.16,
		34A-6-103.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:09 - Solid waste permit applications › Section 74:27:09:03 - Solid waste disposal permit application - Contents

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided by SDCL
	 34A-6-1.18, a solid waste
	 disposal permit application must include complete information as required in
	 this section:
(1) General information,
  including:
(a) The name, address, and phone
  number of the landowner, operator, owner, and any lien holder of public record
  of the facility;
(b) The name,
  address, and phone number of the party responsible for the facility. If the
  facility is a contract operation, the facility must submit the contract
  specifications. When a contract is awarded, the facility shall forward the
  information required in this subdivision to the secretary;
(c) Information pertaining to felony
  convictions or convictions of other crimes involving moral turpitude,
  violations of any state or federal environmental laws or regulations, and
  revocations of any state or federal environmental permit or license of the
  applicant; any officer, director, or manager of the organization; any
  shareholder of the organization owning 20 percent or more of its capital stock;
  or any other person conducting or managing the affairs of the applicant or of
  the proposed facility in whole or in part;
(d) An agreement with the board acknowledging
  perpetual responsibility and liability as required by SDCL
  34A-6-1.10;
(e) The legal description of the location of
  the proposed facility by county, quarter-quarter, section, township, and range
  or lot and subdivision if legally subdivided;
(f) The municipality nearest to the proposed
  location;
(g) The type of facility
  proposed;
(h) The category of
  facility;
(i) The types and
  characteristics of waste to be handled;
(j) The municipalities served or contracted
  with and other sources of wastes to be received;
(k) The total population served by the
  facility;
(l) Certification of
  compliance with local requirements, including planning and zoning, required by
  §
										74:27:08:04;
(m) Resolution of county approval as required
  by SDCL 34A-6-103;
(n) A description of local concerns,
  including summaries of general comments and questions and the proceedings of
  public meetings;
(o) Other
  department permits required and their status;
(p) Copies of any other environmental reviews
  to include potential impacts to state and federal threatened or endangered
  species;
(q) The anticipated
  start-up date of construction; and
(r) The anticipated start-up date of
  operation;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:09 - Solid waste permit applications › Section 74:27:09:04 - Solid waste incinerator permit application - Contents

Current through Register Vol. 51, page 10, July 15, 2024
Solid waste incinerator permit applications shall include complete
	 information on the following:
(1) The
  general information required in subdivision 74:27:09:03(1);
(2) The applicable design and construction
  details required in subdivision 74:27:09:03(2), except subdivision
  74:27:09:03(2)(c), and the following:
(a) A
  description of how the facility meets the design and construction requirements
  of §
										74:27:14:02, including copies of
  the construction quality assurance plan and the ash management plan;
(b) A copy of the air quality permit
  application required by articles 74:35 and 74:36; and
(c) Stack performance tests required and
  results, if available;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:09 - Solid waste permit applications › Section 74:27:09:05 - Renewal applications and amendments

Current through Register Vol. 51, page 10, July 15, 2024
Applications for permit renewals and permit amendments shall include
	 all information required by §§
									74:27:09:03 and
	 74:27:09:04 that has not been
	 submitted in permit applications prior to the effective date of these rules.
	 Applications shall reflect any changes in operation, in the amount of wastes
	 handled, the types of waste handled, or other changes since the previous permit
	 was issued.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:09 - Solid waste permit applications › Section 74:27:09:06 - Permit applications for other solid waste facilities

Current through Register Vol. 51, page 10, July 15, 2024
Permit applications for the following solid waste facilities must
	 include applicable information required by §§
									74:27:09:03 and
	 74:27:09:04 and chapters 74:27:12,
	 74:27:13, 74:27:14, 74:27:15, 74:17:16, and 74:27:19 and other information
	 considered necessary by the secretary to ensure compliance with this
	 article:
(1) Surface impoundment
  facilities;
(2) Land application
  systems;
(3) Monofills;
(4) Industrial waste facilities;
(5) Solid waste processing facilities,
  including waste-to-energy facilities and refuse-derived fuel production
  facilities;
(6) Transfer stations
  handling more than 500 tons of solid waste a year;
(7) Solid waste storage facilities, excluding
  transfer stations;
(8) Other
  facilities normally covered by the provisions of a general permit under chapter
  74:27:10;
(9) Balefills;
(10) Resource recovery facilities or systems
  as defined by SDCL
  34A-6-1.3(14);
  and
(11) Other unusual
  circumstances.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:10 - General permits › Section 74:27:10:01 - Requirements for general permits

Current through Register Vol. 51, page 10, July 15, 2024
A general permit may be written to cover a specific category of solid
	 waste storage, processing, transportation, or disposal. The category of solid
	 waste handling must meet the following requirements to qualify under a general
	 permit. A solid waste facility under a general permit must meet the following
	 requirements:
(1) Dispose of the same
  or substantially similar types of waste:
(2) Require the same or similar
  design;
(3) Require the same or
  similar operating conditions;
(4)
  Require the same or similar monitoring; and
(5) In the opinion of the board or secretary,
  be more appropriately controlled under a general permit.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:10 - General permits › Section 74:27:10:02 - Solid waste handling categories for purposes of general permits

Current through Register Vol. 51, page 10, July 15, 2024
The following are the categories of solid waste handling that may be
	 issued a general permit:
(1) Land
  application of petroleum contaminated soils;
(2) Land application of whey or whey permeate
  from cheese manufacturing facilities;
(3) Rubble disposal;
(4) Construction or demolition debris
  disposal;
(5) Sludge
  disposal;
(6) Transfer stations
  accepting more than 500 tons of solid waste a year but less than 25,000 tons of
  solid waste a year;
(7) Waste tire
  handling facilities;
(8) Asbestos
  monofills; and
(9) Other categories
  that meet the criteria specified in §
									74:27:10:01.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:10 - General permits › Section 74:27:10:03 - General permit procedures

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall recommend to the board the issuance of general
	 permits for the categories found in §
									74:27:10:02. The secretary shall
	 publish the recommendation that a general permit be issued in at least three
	 newspapers of general circulation in the state and shall mail a copy of the
	 notice and recommendation to all municipalities, counties, and tribal
	 government in the state. The procedures for contested cases on general permits
	 are those found in article 74:09 and chapter 74:27:08. If a petition for
	 hearing is not filed on time, the recommendation of the secretary becomes the
	 final decision on the general permit.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14,
		34A-6-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:10 - General permits › Section 74:27:10:04 - General permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may recommend that a general permit be issued subject to
	 certain terms and conditions, including such conditions as specific facility
	 design requirements, methods of operation and handling, site requirements, and
	 geographic limitations. The board or secretary may impose terms and conditions
	 on a general permit as may be necessary to ensure compliance with this article
	 and the provisions of SDCL title 34A.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14,
		34A-6-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:10 - General permits › Section 74:27:10:05 - General permit amendments, revocations, and suspensions

Current through Register Vol. 51, page 10, July 15, 2024
A general permit may be amended upon the recommendation of the board or
	 the secretary in the same manner as provided for under §
									74:27:10:03. A general permit may
	 be revoked or suspended as provided by SDCL
	 34A-6-1.21 to
	 34A-6-1.27, inclusive, and as
	 provided by SDCL
	 34A-6-58.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14,
		34A-6-1.15,
		34A-6-1.21,
		34A-6-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:10 - General permits › Section 74:27:10:06 - Board may require individual permit

Current through Register Vol. 51, page 10, July 15, 2024
The board may require a person authorized under a general permit to
	 apply for and obtain an individual solid waste permit. The secretary or an
	 interested person may petition the board pursuant to article 74:09 requesting
	 the board to require a facility under a general permit to obtain an individual
	 solid waste permit. To require a general permit facility to obtain an
	 individual permit, the board must find that:
(1) The storage, processing, transportation,
  or disposal operations are significant contributors to the pollution of the
  resources of the state or that they present an existing or potential health
  hazard;
(2) The facility is not in
  compliance with the conditions of the solid waste general permit; or
(3) A change has occurred in the availability
  of demonstrated technology or practices for the handling or disposal of the
  waste.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-58.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to locations of new MSWLF's and lateral expansions
	 of existing facilities. In addition, the provisions of §§
									74:27:11:03,
	 74:27:11:04, and 74:27:11:08.01
	 apply to existing MSWLF's.
Rubble sites, construction debris sites, and restricted use sites shall
	 comply with the applicable provisions of §§
									74:27:11:02,
	 74:27:11:03, and 74:27:11:05 to
	 74:27:11:08.01, inclusive.
Nonmunicipal solid waste monofills and other types of facilities not
	 specifically listed shall comply with the provisions of §§
									74:27:11:02 to
	 74:27:11:08.03,
	 inclusive.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:02 - Wildlife, recreation, aesthetic value, threatened or endangered species

Current through Register Vol. 51, page 10, July 15, 2024
The location shall not cause significant adverse effect to wildlife,
	 recreation, aesthetic value of an area, or state and federal threatened or
	 endangered species.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:03 - Floodplains

Current through Register Vol. 51, page 10, July 15, 2024
Facilities shall not be located within the boundaries of a 100-year
	 floodplain.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:04 - Distance to airports

Current through Register Vol. 51, page 10, July 15, 2024
Facilities containing putrescible wastes capable of attracting birds
	 may not be located within 5,000 feet of an airport runway end used only by
	 piston-type aircraft, and within 10,000 feet of an airport runway end used by
	 turbojet aircraft. The operator shall inform the federal aviation
	 administration (FAA) in writing if the facility is within five miles of a
	 public airport.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:05 - Distance to residences, other buildings, roads, and parks

Current through Register Vol. 51, page 10, July 15, 2024
Facilities may not be located within 1,000 feet of an occupied
	 dwelling, school, hospital, interstate or primary highway right-of-way, or
	 public park or recreation area. The location may not pose a potential safety
	 hazard to the public.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:06 - Distance to surface water

Current through Register Vol. 51, page 10, July 15, 2024
Facilities containing putrescible waste or other facilities disposing
	 of materials that may pollute surface water may not be located within 1,000
	 feet of streams, creeks, lakes, reservoirs, or other bodies of water classified
	 for fish life propagation defined by chapters 74:51:01 to 74:51:03,
	 inclusive.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:07 - Wetlands

Current through Register Vol. 51, page 10, July 15, 2024
Facilities shall not be located in wetlands.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:08 - Gravel pits and quarries

Current through Register Vol. 51, page 10, July 15, 2024
Only rubble or construction or demolition debris that is free of
	 regulated asbestos-containing waste materials, asphalt-containing materials,
	 petroleum products, or other materials that may pollute groundwater may be
	 disposed of in gravel pits or quarries.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:08.01 - Unstable areas

Current through Register Vol. 51, page 10, July 15, 2024
Facilities may not be located in an unstable area.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:08.02 - Seismic impact zones

Current through Register Vol. 51, page 10, July 15, 2024
New MSWLFs or lateral expansions of existing MSWLFs may not be located
	 in seismic impact zones.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:08.03 - Fault areas

Current through Register Vol. 51, page 10, July 15, 2024
New MSWLFs or lateral expansions of existing MSWLFs may not be located
	 within 200 feet of a fault which has had displacement in Holocene
	 time.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:11 - Location standards › Section 74:27:11:09 - Variances

Current through Register Vol. 51, page 10, July 15, 2024
The board or secretary may grant variances subject to the terms of this
	 section. The owner or operator of a facility shall make any demonstrations
	 necessary to the board or secretary for the purpose of obtaining variances.
	 Demonstrations for variances to location standards for MSWLFs must meet the
	 requirements of 40 C.F.R. Part 258, as published on 56 Fed. Reg. 50,978 to
	 51,119, inclusive (October 9, 1991) subject to the following:
(1) The board or secretary may grant a
  variance until October 9, 1996, to an existing MSWLF which cannot meet the
  requirements of §§
									74:27:11:03 to
  74:27:11:04, inclusive, and
  74:27:11:08.01;
(2) The board or
  secretary may grant a variance to an existing MSWLF to the requirements of
  §§
									74:27:11:03,
  74:27:11:04, and 74:27:11:08.01
  until October 9, 1998, if the owner or operator demonstrates that there is no
  threat to human health and the environment and no available alternative;
  or
(3) The board or secretary may
  grant a variance to a MSWLF to the requirements of §§
									74:27:11:02 and
  74:27:11:05 to 74:27:11:07,
  inclusive, if the owner or operator demonstrates that the location will not
  pose a hazard to human health or degrade the environment; and
(4) The board or secretary may grant a
  variance to a new MSWLF or lateral expansion of an existing MSWLF to the
  requirements of §§
									74:27:11:02 to
  74:27:11:07, inclusive, and
  §§
									74:27:11:08.01 to 74:27:11:08.03,
  inclusive, providing that the owner or operator demonstrates that the location
  will not pose a hazard to human health or degrade the environment.
The board or secretary may grant a variance to the provisions of this
	 chapter for non-MSWLF sites, if the owner or operator demonstrates that the
	 facility location will not pose a hazard to human health or degrade the
	 environment and will comply with other existing state, local, and federal
	 requirements.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:01 - Applicability - Exemptions

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all new MSWLFs and lateral expansions of
	 MSWLFs. The requirements of §
									74:27:12:21 apply to all
	 facilities. The requirements of §
									74:27:12:19 are subject to the
	 phase-in period provisions of §
									74:27:19:02.
Facilities meeting the small-town exemption criteria in §
									74:27:12:25 are exempt from the
	 provisions of §§
									74:27:12:17 and
	 74:27:12:18.
Rubble sites, construction demolition sites, and restricted-use sites
	 must comply with the applicable provisions of §§
									74:27:12:04,
	 74:27:12:06 to 74:27:12:12,
	 inclusive, 74:27:12:16, 74:27:12:21, and 74:27:12:23.
Nonmunicipal solid waste monofills and other types of facilities not
	 specifically listed must comply with the applicable provisions of §§
									74:27:12:04 to
	 74:27:12:14, inclusive;
	 74:27:12:16 to 74:27:12:19, inclusive; and 74:27:12:21 to 74:27:12:23,
	 inclusive.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.37.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:02 - Design criteria

Current through Register Vol. 51, page 10, July 15, 2024
Facilities must be designed and constructed to protect human health and
	 prevent degradation of the environment, including ambient groundwater quality,
	 surface water quality, and air quality. Notwithstanding the provisions of
	 §
									74:27:12:17, the design must
	 ensure that the concentration values of 40 C.F.R. Part 258, as published in 56
	 Fed. Reg. 51,022 (October 9, 1991) are not exceeded at the relevant point of
	 compliance.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:03 - Site characterization

Current through Register Vol. 51, page 10, July 15, 2024
An adequate site characterization includes the following:
(1) Each of the location standards of chapter
  74:27:11 in relation to the proposed site;
(2) The number of acres comprising the
  proposed site;
(3) Climatic data,
  including source and location of data;
(4) Local wind patterns;
(5) Current land use and zoning within a
  one-mile radius;
(6) Occupied
  dwellings within a one-mile radius;
(7) Water usage, including sources of water
  and well depths, within a one-mile radius;
(8) Surface waters, including wetlands and
  their classifications, within a one-mile radius;
(9) General topography and drainage patterns
  within a two-mile radius;
(10)
  Existing site information, its source, reliability, and extent;
(11) Soil and geologic conditions at the
  proposed site, including:
(a) Soil types and
  characteristics;
(b) Thickness of
  unconsolidated materials;
(c)
  Lithologic profiles;
(d) Fracture
  patterns; and
(e) Unstable/seismic
  areas;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:04 - Soil borings - Soil properties

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall locate soil borings to best represent geologic
	 conditions at the site. Borings shall extend to depths sufficient to determine
	 site conditions. The applicant shall base the number of soil borings necessary
	 and the depths to which they extend upon the geologic complexity of the site.
	 The applicant shall backfill or plug abandoned borings using methods specified
	 in chapter 74:02:04.
The applicant shall determine soil properties by field testing or
	 laboratory testing, or by both methods. Methods shall be used to determine the
	 soil classification, permeability, and particle size distribution, and to
	 evaluate other characteristics that may be necessary to define soil properties
	 as required by subdivision 74:27:12:03(11).
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:05 - Hydrogeologic evaluation

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall conduct a hydrogeologic evaluation at or near the
	 site to determine, at a minimum, the groundwater flow direction, gradient, and
	 ambient quality. Well construction must conform to the requirements of
	 subdivision 74:54:02:06(9)(f). The applicant shall determine ambient
	 groundwater quality before permit approval. The secretary shall approve the
	 sampling parameters. Sampling results shall be compared to the groundwater
	 quality standards of §§
									74:54:01:04 and
	 74:54:01:05.
Sampling and analytical techniques must conform to the requirements of
	 §
									74:54:01:06. Groundwater level
	 measurements and water quality analyses of existing wells may also be used in
	 determining the hydrogeologic conditions at the site.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:06 - All-weather roads

Current through Register Vol. 51, page 10, July 15, 2024
Each facility must be accessible by an all-weather access road and must
	 have all-weather on-site roads suitable for travel by loaded
	 vehicles.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:07 - All-weather fill areas

Current through Register Vol. 51, page 10, July 15, 2024
Each facility open to the public must have an all-weather fill area for
	 use during inclement weather.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:08 - Posting standards

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have a sign posted at the entrance stating the name
	 of the facility, the name and phone number of the person responsible for the
	 site, days and hours of operation, unloading directions, fees, prohibited
	 wastes, and other information as needed.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:09 - Public access control

Current through Register Vol. 51, page 10, July 15, 2024
Public access to the site must be controlled through the use of fences,
	 gates with locks, and similar controls.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:10 - Litter control devices

Current through Register Vol. 51, page 10, July 15, 2024
MSWLFs must have litter control devices at the face of the unloading
	 area and around the perimeter of the site. The litter control devices must be
	 of sufficient size to control blowing litter.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:11 - Fire control

Current through Register Vol. 51, page 10, July 15, 2024
MSWLFs must have a fire lane at least 25 feet wide around the active
	 disposal area and within the perimeter fence. Other types of solid waste
	 facilities must have fire lanes in conformance with local ordinances, if
	 applicable.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:12 - Buffer zone

Current through Register Vol. 51, page 10, July 15, 2024
MSWLFs must have a buffer zone of at least 100 feet, including the fire
	 lane, within the perimeter fence. Other solid waste facilities must have buffer
	 zones in conformance with local ordinances, if applicable.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:13 - Truck-washing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Truck-washing facilities, if provided, must be hard-surfaced. Wash
	 water is considered leachate and must be disposed of in accordance with §
									74:27:13:24.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:14 - Waste storage areas

Current through Register Vol. 51, page 10, July 15, 2024
Waste storage areas, if provided, must be designed to store the maximum
	 amount of waste in storage at any one time, be limited to authorized personnel,
	 protect wastes from the elements, and be ventilated to the
	 outdoors.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:15 - Personnel facilities

Current through Register Vol. 51, page 10, July 15, 2024
Type I and II MSWLFs must include employee facilities that provide
	 shelter, sanitary facilities, potable drinking water, safety equipment, and
	 emergency communication equipment.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:16 - Surface water control

Current through Register Vol. 51, page 10, July 15, 2024
Surface water drainage and control systems shall divert normal surface
	 water flow and storm water runoff around or away from areas where waste is
	 present and from other operational areas. Surface water drainage and control
	 systems must be designed to minimize mixing of storm water with leachate and to
	 handle the peak flow from a 25-year, 24-hour storm. Storm water and other
	 surface drainage that comes into contact with solid waste or mixes with
	 leachate shall be considered leachate and be handled according to §
									74:27:12:18.
Discharges of retained surface waters must meet the requirements of 40
	 C.F.R. Part 122, as published on 57 Fed. Reg. 11,394 to 11,413, inclusive
	 (April 1, 1992). Disposal methods for accumulated sediment in the surface water
	 control structures must be approved by the secretary.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
Definitions, §
											74:02:08:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:17 - Liner systems

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall incorporate a composite liner system into the design
	 of the MSWLFs unless the facility meets the small-town exemption criteria
	 specified in §
									74:27:12:25. The secretary may
	 require liner systems for other disposal facilities when the wastes have a
	 potential to pollute groundwater or surface water. An alternative liner system
	 may be approved by the secretary if the applicant can demonstrate compliance
	 with the design criteria specified in §
									74:27:12:02. Liner systems must be
	 constructed of materials that have the strength, thickness, and chemical
	 properties needed to prevent failure due to pressure gradients, physical
	 contact with the waste or leachate to which they are exposed, climatic
	 conditions, stress of installation, and stress of daily operation. The board or
	 secretary shall determine liner configuration and components case by
	 case.
Soil liner components must, at a minimum:
(1) Have a recompacted maximum coefficient of
  permeability of 1 x 10-7 centimeters per
  second;
(2) Have a two-foot
  compacted thickness placed in six-inch scarified and compacted lifts with no
  materials greater than three inches in diameter;
(3) Meet compaction specifications equivalent
  to 95 percent standard proctor density with a moisture content of 0 - 6 percent
  wet of optimum moisture;
(4) Have a
  minimum bottom slope of 2 percent;
(5) Have a twelve-inch protective drainage
  layer with a permeability greater than 1 x 10-3
  centimeters per second placed over the soil liner;
The secretary may require a test pad to document field permeability.
	 The applicant shall use field testing methods approved by the secretary and
	 shall take an undisturbed sample for laboratory comparison of field
	 values.
Flexible membrane liners (FMLs) must, at a minimum, be compatible with
	 leachate, have a 60 mil thickness, have a life expectancy longer than the life
	 of the facility, and be installed on a compacted soil liner of at least 2
	 percent slope. Installation of FMLs must be consistent with the manufacturer's
	 specifications and recommendations.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:18 - Leachate collection and removal systems

Current through Register Vol. 51, page 10, July 15, 2024
MSWLFs shall incorporate a leachate collection and removal system into
	 the design of the facility unless exempted from these requirements by the
	 small-town exemption provisions of §
									74:27:12:25. Leachate collection
	 and removal systems must meet the following requirements:
(1) Be constructed of materials chemically
  resistant to the waste to be disposed of in the landfill and to the leachate
  expected to be generated;
(2) Of
  sufficient strength and thickness to prevent collapse under pressures exerted
  by overlying wastes and cover materials and by equipment used at the
  landfill;
(3) Designed and operated
  to prevent clogging through the active life of the facility and the postclosure
  period; and
(4) Designed to move
  leachate within the drainage system to a central collection point for treatment
  or disposal.
The leachate collection and removal system must be of the appropriate
	 size and spacing with sumps and pumps or other means to efficiently remove
	 leachate. Sufficient granular material or synthetic fabric filter shall be
	 placed over the leachate collection system to prevent clogging of the
	 infiltration system.
The size of the leachate storage unit shall be based upon the
	 calculated potential for leachate generation and the amount of storage time
	 required. Liner system configurations, leak detection components, overflow
	 containment, and freeboard requirements for leachate storage units must have
	 the approval of the secretary before construction.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:19 - Groundwater monitoring systems

Current through Register Vol. 51, page 10, July 15, 2024
An applicant must incorporate a groundwater monitoring system into the
	 design of the MSWLF. The secretary may require groundwater monitoring systems
	 for other facilities. Groundwater monitoring systems must meet the applicable
	 provisions of chapter 74:27:19.
The applicant shall submit a groundwater monitoring plan for the
	 disposal facility to the secretary for approval. It must, at a minimum, detail
	 monitoring systems, monitoring parameters, and monitoring
	 frequencies.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:20 - Methane gas systems

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may require an applicant to incorporate a methane gas
	 control system into the design of the facility. Methane gas must be controlled
	 as necessary to avoid posing a hazard to occupants of adjacent property and to
	 prevent lateral migration of the gas.
Methane gas control systems must be designed to prevent fires and
	 explosions due to accumulation of methane concentrations on and off the site of
	 the facility, damage to vegetation on final cover of closed units, and
	 objectionable odors. The applicant shall install systems to reduce pressure in
	 the interior of the landfill by collecting the gases to prevent them from
	 moving laterally.
The secretary shall approve design and construction details, including
	 locations of collection pipes, pathways, or vents case by case. Methane gas
	 systems may not interfere with or cause failure of the liner
	 system.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:21 - Final cover

Current through Register Vol. 51, page 10, July 15, 2024
A minimum of 18 inches of compacted soil material and 6 inches of
	 topsoil must be placed over MSWLF units that have reached design capacity. The
	 compacted soil layer for existing MSWLFs or for MSWLFs meeting the small-town
	 exemption criteria specified in §
									74:27:12:25 must have a
	 permeability of 1 x 10-5 cm/sec or less.
The compacted soil layer for new MSWLFs or lateral expansion of
	 existing MSWLFs must have a permeability of 1 x 10-5
	 cm/sec or less. The final surface gradient of the unit must be at least 2
	 percent to prevent ponding. The vegetative cover must be seeded and established
	 in accordance with the South Dakota Field Office Technical Guide, Section IV-A,
	 Plant Sciences, (September 26, 1984), Critical Area Planting, and in
	 consultation with the local soil conservation district office personnel. Other
	 facilities must install a minimum of two feet of earthen material capable of
	 maintaining perennial vegetation.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:22 - Construction quality assurance plan

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall develop a construction quality assurance plan that
	 addresses all aspects of facility construction. The plan shall include the
	 following:
(1) A description of the
  responsibilities and authorities of key personnel;
(2) A description of the required level of
  experience, training, and duties of the contractor, the contractor's crew, and
  the quality assurance inspectors;
(3) A description of the testing protocols
  for every major phase of construction, including the frequencies of
  inspections, field testing, and sampling for laboratory testing;
(4) The sampling and field testing procedures
  and the equipment to be used;
(5)
  The calibration of field testing equipment;
(6) The laboratory procedures to be used;
  and
(7) Documentation to be
  maintained.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:23 - Construction notification

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall notify the secretary at least 30 days before the
	 expected initiation of construction. In addition, the operator shall maintain
	 "as built" drawings of the facility.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:24 - Variances

Current through Register Vol. 51, page 10, July 15, 2024
The board or secretary may grant variances to the provisions of
	 §§
									74:27:12:08,
	 74:27:12:11,
	 74:27:12:12,
	 74:27:12:14,
	 74:27:12:15,
	 74:27:12:17,
	 74:27:12:18,
	 74:27:12:19,
	 74:27:12:20,
	 74:27:12:21, and 74:27:12:23 case
	 by case. All demonstrations for variances for MSWLFs must meet the requirements
	 of 40 C.F.R. Part 258 as published on 56 Fed. Reg. 50,978 to 51,119, inclusive
	 (October 9, 1991).
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.