reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:02 - Application requirements › Section 74:52:02:45 - Certain application requirements suspended for some categories and subcategories of primary industries

Current through Register Vol. 51, page 10, July 15, 2024
The application requirements of subsection 74:52:02:10(7)(b)(i) are
	 suspended for the following categories and subcategories of the primary
	 industries listed in §
									74:52:02:39:
(1) Coal mines;
(2) Testing and reporting for all four
  organic fractions in the griege mills subcategory of the textile mills industry
  and testing and reporting for the pesticide fraction in all other subcategories
  of this industrial category;
(3)
  Testing and reporting for the volatile, base/neutral, and pesticide fractions
  in the base and precious metals subcategory of the ore mining and dressing
  industry and testing and reporting for all four fractions in all other
  subcategories of this industrial category;
(4) Testing and reporting for all four GC/MS
  fractions in the porcelain enameling industry;
(5) Testing and reporting for the pesticide
  fraction in the tall oil resin subcategory and rosin-based derivatives
  subcategory of the gum and wood chemicals industry and testing and reporting
  for the pesticide and base/neutral fractions in all other subcategories of this
  industrial category;
(6) Testing
  and reporting for the pesticide fraction in the leather tanning and finishing,
  paint and ink formulation, and photographic supplies industrial
  categories;
(7) Testing and
  reporting for the acid, base/neutral, and pesticide fractions in the petroleum
  refining industrial category;
(8)
  Testing and reporting for the pesticide fraction in the papergrade sulfite
  subcategories of the pulp and paper industry; testing and reporting for the
  base/neutral and pesticide fractions in the following subcategories: deink
  dissolving kraft and paperboard from waste paper; testing and reporting for the
  volatile, base/neutral, and pesticide fractions in the following subcategories:
  BCT bleached kraft, semichemical and nonintegrated fine papers; and testing and
  reporting for the acid, base/neutral, and pesticide fractions in the following
  subcategories: fine bleached kraft, dissolving sulfite pulp, groundwood-fine
  papers, market bleached kraft, tissue from wastepaper, and nonintegrated-tissue
  papers;
(9) Testing and reporting
  for the base/neutral fraction in the once-through cooling water, fly ash, and
  bottom ash transport water process wastestreams of the steam electric power
  plant industrial category.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:02 - Application requirements › Section 74:52:02:46 - General permits

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may issue a general permit in accordance with the
	 following:
(1) The general permit
  shall be written to cover a category of discharges described in the permit
  under subdivision (2) of this section, except those covered by individual
  permits, within a geographic area;
(2) The general permit may be written to
  regulate, within the area described in subdivision (1) of this section, either:
(a) Storm water point sources; or
(b) A category of point sources or industrial
  users if the sources all meet the following requirements:
(i) Involve the same or substantially similar
  types of operations;
(ii) Discharge
  the same types of wastes;
(iii)
  Require the same effluent limitations, operating conditions, or standards for
  sewage sludge use or disposal;
(iv)
  Require the same or similar monitoring; and
(v) In the opinion of the secretary, are more
  appropriately controlled under a general permit.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:02 - Application requirements › Section 74:52:02:47 - Secretary may require individual permits

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may require any person authorized by a general permit to
	 apply for and obtain an individual SWD permit. Any interested person may
	 petition the secretary to take action under this section. Cases for which an
	 individual SWD permit may be required include the following:
(1) The discharge is a significant
  contributor of pollution to waters of the state or it presents a health
  hazard;
(2) The discharger or
  treatment works treating domestic sewage is not in compliance with the
  conditions of the SWD general permit;
(3) A change has occurred in the availability
  of demonstrated technology or practices for the control or abatement of
  pollutants applicable to the point source;
(4) Effluent limitation guidelines are
  promulgated for point sources covered by the SWD general permit;
(5) A water quality management plan
  containing requirements applicable to such point sources is approved.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:01 - Conditions applicable to all SWD permits

Current through Register Vol. 51, page 10, July 15, 2024
The conditions established in §§
									74:52:03:02 to
	 74:52:03:10, inclusive, are
	 applicable to all SWD permits.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:02 - Standard conditions

Current through Register Vol. 51, page 10, July 15, 2024
The standard SWD permit conditions are as follows:
(1) The permittee must comply with all
  conditions of the SWD permit. Any permit noncompliance constitutes grounds for
  enforcement action pursuant to the Act, permit termination, revocation and
  reissuance, modification, or denial of a permit renewal application;
(2) If the permittee wishes to continue an
  activity regulated by the permit after the expiration date of the permit, the
  permittee must apply for and obtain a new permit;
(3) A permittee may not use as a defense in
  an enforcement action that it would have been necessary to halt or reduce the
  permitted activity in order to maintain compliance with the conditions of the
  permit;
(4) The permittee must take
  all reasonable steps to minimize or prevent any discharge in violation of the
  permit which has a reasonable likelihood of adversely affecting human health or
  the environment;
(5) The permittee
  shall at all times operate and maintain all facilities and systems of treatment
  and control and related appurtenances which are installed or used by the
  permittee in a manner to achieve compliance with the conditions of the permit.
  Operation and maintenance includes laboratory controls and quality assurance
  procedures. This subdivision requires the operation of backup or auxiliary
  facilities or similar systems which are installed by a permittee only if the
  operation is necessary to achieve compliance with the conditions of the
  permit;
(6) The permit may be
  modified, revoked and reissued, or terminated for cause. The filing of a
  request by the permittee for permit modification, revocation and reissuance, or
  termination or the filing of notification of planned changes or anticipated
  noncompliance does not relieve the permittee of any permit condition;
(7) The permit does not convey property
  rights of any sort or any exclusive privilege;
(8) The permittee shall furnish the
  secretary, within 30 days, any information which the secretary may request to
  determine whether cause exists for modifying, revoking and reissuing, or
  terminating the permit or to determine compliance with the permit. The
  permittee must furnish the secretary upon request, copies of records required
  to be kept by the permit;
(9) All
  applications and reports on information submitted to the secretary must be
  signed and certified; and
(10) If
  the permittee becomes aware that the permittee failed to submit any relevant
  facts in a permit application or submitted incorrect information in a permit
  application or any report to the secretary, the permittee must promptly submit
  such facts or information.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:03 - Right of entry

Current through Register Vol. 51, page 10, July 15, 2024
Upon the presentation of credentials and other necessary legal
	 documents, the permittee must allow the secretary to do the following:
(1) Enter upon the permittee's premises where
  a regulated facility or activity is located or conducted or where records must
  be kept under the conditions of the permit;
(2) Have access to and copy any records that
  must be kept under the conditions of the permit;
(3) Inspect any facilities, equipment
  including monitoring and control equipment, practices, or operations regulated
  or required under the permit; and
(4) For the purposes of assuring permit
  compliance or as otherwise authorized by the CWA, any substances or parameters
  at any location.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:04 - Record keeping

Current through Register Vol. 51, page 10, July 15, 2024
The permittee must retain records of all monitoring information,
	 including all calibration and maintenance records and all original strip chart
	 recordings and continuous monitoring instrumentation, copies of all reports
	 required by the permit, and records of all data used to complete the
	 application for the permit for a period of at least three years from the date
	 of the sample, measurement, report, or application. The period may be extended
	 by request of the secretary at any time.
Records of monitoring information must include the following:
(1) The date, exact place, and time of
  sampling or measurements;
(2) The
  individuals who performed the sampling or measurements;
(3) The dates analyses were
  performed;
(4) The individuals who
  performed the analyses;
(5) The
  analytical techniques or methods used; and
(6) The results of the analyses.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:05 - Reporting changes of operation

Current through Register Vol. 51, page 10, July 15, 2024
The following items must be reported to the secretary:
(1) The permittee must give notice to the
  secretary as soon as possible of any planned physical alterations or additions
  to the permitted facility. Notice is required only when the alteration or
  addition to a permitted facility meets the definition in §
									74:52:01:01 of a new source or a
  new discharger or the alteration or addition could significantly change the
  nature or increase the quantity of any pollutants discharged;
(2) The permittee must give advance notice to
  the secretary of any planned changes in the permitted facility or activity
  which may result in noncompliance with permit requirements; and
(3) The permittee must notify the secretary
  if the permit is to be transferred to another person. The secretary may require
  modification or revocation and reissuance of the permit to change the name of
  the permittee and incorporate other necessary requirements.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:06 - Monitoring requirements

Current through Register Vol. 51, page 10, July 15, 2024
Monitoring requirements are as follows:
(1) Monitoring results must be reported at
  the intervals specified in the permit;
(2) Monitoring results must be reported on a
  discharge monitoring report (DMR);
(3) If the permittee monitors any pollutant
  more frequently than required by the permit, using test procedures approved in
  40 C.F.R. Part 136 (July 1, 2016); in the case of sludge use or disposal,
  approved under 40 C.F.R. Part 136 (July 1, 2016) unless otherwise specified in
  40 C.F.R. Part 503 (July 1, 2016); or as specified in the permit, the results
  of the monitoring must be included in the calculation and reporting of the data
  submitted in the DMR;
(4)
  Calculations for all limitations which require the average of several
  measurements must use an arithmetic mean unless otherwise specified by the
  secretary in the permit;
(5)
  Samples and measurements taken for the purpose of monitoring must be
  representative of the monitored activity; and
(6) Unless other test procedures are
  specified in the permit, samples must be conducted according to test procedures
  approved in 40 C.F.R. Part 136 (July 1, 2016), guidelines for establishing test
  procedures for the analysis of pollutants, or, in the case of sludge use or
  disposal, approved under 40 C.F.R. Part 136 (July 1, 2016) unless otherwise
  specified in 40 C.F.R. Part 503 (July 1, 2016).
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:07 - Reporting compliance and noncompliance

Current through Register Vol. 51, page 10, July 15, 2024
Reporting compliance and noncompliance must be done as follows:
(1) The permittee must report any
  noncompliance which may endanger public health or the environment. The
  following information must be provided orally to the secretary within 24 hours
  from the time the permittee becomes aware of the circumstances:
(a) A unanticipated bypass which exceeds an
  effluent limitation in the permit;
(b) A upset which exceeds an effluent
  limitation in the permit;
(c)
  Violation of a maximum daily discharge limitation for any of the pollutants
  listed by the secretary in the permit;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:08 - Anticipated bypass allowed

Current through Register Vol. 51, page 10, July 15, 2024
An anticipated bypass which causes the effluent limitations to be
	 exceeded is prohibited, and the secretary may take enforcement action against a
	 permittee for a bypass, unless the secretary approves the anticipated bypass
	 after considering its adverse effects and determines that it will meet the
	 following conditions:
(1) The bypass
  was unavoidable to prevent loss of life, threat to public health, personal
  injury, or severe property damage;
(2) There were no feasible alternatives to
  the bypass, such as the use of auxiliary treatment facilities, retention of
  untreated wastes, or maintenance during normal periods of equipment downtime.
  This condition is not satisfied if adequate backup equipment should have been
  installed in the exercise of reasonable engineering judgment to prevent a
  bypass which occurred during normal periods of equipment downtime or preventive
  maintenance; and
(3) The permittee
  notified the secretary at least ten days before the anticipated
  bypass.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:09 - Unanticipated bypass reporting

Current through Register Vol. 51, page 10, July 15, 2024
An unanticipated bypass must be reported to the secretary as soon as
	 possible, but no later than 24 hours after the permittee first became aware of
	 the circumstances. A written submission must also be provided within five days
	 after the permittee becomes aware of the unanticipated bypass. The written
	 submission shall contain:
(1) A
  description of the bypass and its cause;
(2) The period of bypass, including exact
  dates and times;
(3) The estimated
  time the bypass is expected to continue if it has not been corrected;
  and
(4) Steps taken or planned to
  reduce, eliminate, and prevent recurrence of a bypass.
The secretary may waive the written report on a case-by-case basis if
	 the oral report was received within 24 hours.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:10 - Upsets

Current through Register Vol. 51, page 10, July 15, 2024
A permittee who wishes to establish the affirmative defense of an upset
	 must demonstrate, through signed, contemporaneous operating logs or other
	 relevant evidence that the following happened:
(1) An upset occurred and the permittee can
  identify the cause or causes of the upset;
(2) The permitted facility was at the time
  being properly operated;
(3) The
  permittee gave 24-hour notice of the upset; and
(4) The permittee took remedial measures to
  minimize or prevent a discharge in violation of the permit.
In any enforcement proceeding, the permittee seeking to establish the
	 occurrence of an upset has the burden of proof.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39 to
		34A-2-42,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:11 - Additional reporting conditions applicable to existing manufacturing, commercial, mining, and silvicultural dischargers

Current through Register Vol. 51, page 10, July 15, 2024
Existing manufacturing, commercial, mining, and silvicultural
	 dischargers must notify the secretary as soon as they know or have reason to
	 believe that an activity has occurred or will occur which would result in the
	 discharge of a toxic pollutant, as defined in §
									74:52:01:01, which is not limited
	 in the permit and the discharge will exceed the highest of the following
	 notification levels:
(1) One hundred
  micrograms per liter (100 ug/L);
(2) Two hundred micrograms per liter (200
  ug/L) for acrolein and acrolonitrile;
(3) Five hundred micrograms per liter (500
  ug/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;
(4) One milligram per liter (1 mg/L) for
  antimony; or
(5) Five times the
  maximum concentration value reported for that pollutant in the permit
  application.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:12 - Additional reporting conditions applicable to publicly owned treatment works

Current through Register Vol. 51, page 10, July 15, 2024
All POTWs must provide notice to the secretary of any new introduction
	 of pollutants into the POTW from an indirect discharger which would be subject
	 to § 301 or 306 of the CWA if it were directly discharging those
	 pollutants. A notice is also required for any substantial change in the volume
	 or character of pollutants being introduced into that POTW by a source.
For purposes of this section, adequate notice includes information on
	 the quality and quantity of pollutants introduced into the POTW and any
	 anticipated impact of the change on the quantity or quality of effluent to be
	 discharged from the POTW.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:14 - Effluent limitations to be applied to outfall

Current through Register Vol. 51, page 10, July 15, 2024
All permit effluent limitations, standards, and prohibitions shall be
	 established for each outfall or discharge point of the permitted facility,
	 except as otherwise provided under §
									74:52:03:20 for internal waste
	 streams.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-37.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:15 - Calculation of production-based limits

Current through Register Vol. 51, page 10, July 15, 2024
Except in the case of POTWs, calculation of any permit limits,
	 standards, or prohibitions which are based on production or another measure of
	 operation shall not be based on the design production capacity but on a
	 reasonable measure of actual production of the facility. For new sources or new
	 dischargers, actual production shall be estimated using projected production at
	 the time period of the calculated permit limits.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-38,
		34A-2-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:16 - Effluent limits for metals

Current through Register Vol. 51, page 10, July 15, 2024
All permit effluent limits, standards, or prohibitions for a metal
	 shall be expressed in terms of "total recoverable metal" as defined in 40
	 C.F.R. Part 136 (July 1, 2016) except under one or more of the following
	 circumstances:
(1) An applicable
  effluent standard or limit has been promulgated under the CWA and specifies the
  limit for the metal in the dissolved, valent, or total form;
(2) In establishing permit limits case by
  case, the limit on the metal is expressed in the dissolved, valent, or total
  form to carry out the provisions of the CWA;
(3) All approved analytical methods for the
  metal inherently measure only its dissolved form; or
(4) In establishing permit limits to comply
  with chapter 74:51:01 the limit for the metal is expressed in the dissolved,
  valent, or total form.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-38,
		34A-2-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:17 - Effluent limits for continuous discharges

Current through Register Vol. 51, page 10, July 15, 2024
For continuous discharges, all permit effluent limits, standards, and
	 prohibitions, including those necessary to achieve water quality standards,
	 shall, unless impracticable, be stated as follows:
(1) Maximum daily and average monthly
  discharge limits for all dischargers other than publicly owned treatment works;
  and
(2) Average weekly and average
  monthly discharge limits for POTWs.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:18 - Permit conditions for noncontinuous discharges

Current through Register Vol. 51, page 10, July 15, 2024
Permit conditions for noncontinuous discharges shall be particularly
	 described and limited, considering the following factors, as applicable:
(1) Frequency of discharge;
(2) Total mass of pollutants
  discharged;
(3) Maximum rate of
  discharge of pollutants during the discharge; and
(4) Prohibition or limit of specified
  pollutants by mass, concentration, or other measure.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:19 - Mass limits

Current through Register Vol. 51, page 10, July 15, 2024
All pollutants limited in permits for continuous discharges shall have
	 limits, standards, or prohibitions expressed in terms of mass except:
(1) For pH, temperature, radiation, or other
  pollutants which cannot be expressed by mass;
(2) When applicable standards and limits are
  expressed in terms of other units of measurement; or
(3) If, in establishing permit limits case by
  case, limits expressed in terms of mass are infeasible because the mass of the
  pollutant discharged cannot be related to a measure of operation, and permit
  conditions ensure that dilution will not be used as a substitute for treatment.
Pollutants limited in terms of mass may be limited additionally in
	 terms of other units of measurement, and the permit shall require the permittee
	 to comply with both limits.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:20 - Effluent limits for internal waste streams

Current through Register Vol. 51, page 10, July 15, 2024
If permit effluent limits or standards imposed at the point of
	 discharge are impractical or infeasible, effluent limits or standards for
	 discharges of pollutants may be imposed on internal waste streams before mixing
	 with other waste streams or cooling water streams. In those instances, the
	 required monitoring shall also be applied to the internal waste streams.
Limits on internal waste streams shall be imposed only when the
	 statement of basis sets forth the exceptional circumstances which make such
	 limits necessary, such as when the final discharge point is inaccessible, the
	 wastes at the point of discharge are so diluted as to make monitoring
	 impracticable, or the interferences among pollutants at the point of discharge
	 make detection or analysis impracticable.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:21 - Permit duration

Current through Register Vol. 51, page 10, July 15, 2024
The effective duration of a permit shall be established as
	 follows:
(1) Permits shall be
  effective for a fixed term not to exceed five years;
(2) Except as provided in §
									74:52:01:12, the term of the
  permit may not be extended by modification beyond the five-year
  maximum;
(3) A permit may be issued
  to expire on or after the deadline set in § 301(b)(2)(A), (C), and (E) of
  the CWA if the permit includes effluent limits to meet the requirements of
  § 301(b)(2)(A), (C), (D), (E), and (F) of the CWA, whether or not
  applicable effluent limitations guidelines have been promulgated or approved;
  or
(4) A determination that a
  particular discharger falls within a given industry category for purposes of
  setting a permit expiration date under subdivision (3) of this section is not
  conclusive as to the discharger's inclusion in that industrial category for any
  other purposes and does not prejudice any rights to challenge or change that
  inclusion at the time that a permit based on that determination is
  formulated.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:22 - Compliance schedules and deadlines

Current through Register Vol. 51, page 10, July 15, 2024
A permit may, if applicable, specify a schedule of compliance leading
	 to compliance with the CWA, this article, and article 74:51. The first permit
	 issued to a new source or a new discharger shall contain a schedule of
	 compliance only if necessary to allow a reasonable opportunity to attain
	 compliance with requirements issued or revised after commencement of
	 construction but less than three years before commencement of the relevant
	 discharge. For recommencing dischargers, a schedule of compliance shall be
	 available only if necessary to allow a reasonable opportunity to attain
	 compliance with requirements issued or revised less than three years before
	 recommencement of discharge. Any schedule of compliance must require compliance
	 as soon as possible, but no later than the applicable statutory deadline under
	 the CWA.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:23 - Interim dates for compliance schedules

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									74:52:03:25, if a permit
	 establishes a schedule of compliance for which completion exceeds one year from
	 the date of permit issuance, the schedule shall set forth interim requirements
	 and the dates for their achievement. The time between interim dates may not
	 exceed one year.
If the time necessary for completion of an interim requirement, such as
	 the construction of a control facility, is more than one year and is not
	 readily divisible into stages for completion, the permit shall specify interim
	 dates for the submission of reports of progress toward completion of the
	 interim requirements and indicate a projected completion
	 date.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:24 - Reporting required for schedules of compliance

Current through Register Vol. 51, page 10, July 15, 2024
The permittee shall notify the secretary in writing of its compliance
	 with the interim or final requirements or shall submit progress reports no
	 later than 14 days following each interim date and the final date of
	 compliance.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:25 - Alternative schedules of compliance

Current through Register Vol. 51, page 10, July 15, 2024
A permit applicant or permittee may cease conducting regulated
	 activities. The permit may be modified to contain a schedule leading to timely
	 cessation of activities.
If the decision to cease conducting regulated activities is made before
	 issuance of a permit whose term will include the termination date, the permit
	 shall contain a schedule leading to termination which will ensure timely
	 compliance with applicable requirements no later than the statutory deadline.
	 If the permittee is undecided whether to cease conducting regulated activities,
	 the secretary may issue or modify a permit to contain two schedules as
	 follows:
(1) Both schedules shall
  contain an identical interim deadline requiring a final decision on whether to
  cease conducting regulated activities no later than a date which ensures
  sufficient time to comply with applicable requirements in a timely manner if
  the decision is to continue conducting regulated activities;
(2) One schedule shall lead to timely
  compliance with applicable requirements no later than the statutory deadline.
  The second schedule shall lead to cessation of regulated activities by a date
  which will ensure timely compliance with applicable requirements no later than
  the statutory deadline; and
(3)
  Each permit containing two schedules shall include a requirement that after the
  permittee has made a final decision under subdivision (2) of this section it
  shall follow the schedule leading to compliance if the decision is to continue
  conducting regulated activities and follow the schedule leading to termination
  if the decision is to cease conducting regulated activities.
The applicant's or permittee's decision to cease conducting regulated
	 activities shall be evidenced by a firm public commitment satisfactory to the
	 secretary, such as a resolution of the board of directors of a
	 corporation.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-39.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:26 - Requirements for monitoring

Current through Register Vol. 51, page 10, July 15, 2024
All permits shall specify the following requirements to ensure
	 representative and accurate results:
(1) Requirements concerning the use,
  maintenance, and installation of monitoring equipment or methods, including
  biological monitoring methods as applicable;
(2) Required type, intervals, and frequency
  of monitoring including, if appropriate, continuous monitoring; and
(3) Applicable reporting frequencies and
  requirements based upon the impact of the regulated activity. Reporting shall
  be no less frequent then specified in the above regulation and consistent with
  §§
									74:52:03:12 and
  74:52:03:13.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-40,
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:27 - Net effluent limits

Current through Register Vol. 51, page 10, July 15, 2024
If part of a discharger's process wastewater is not being discharged
	 into waters of the state because it is disposed into a well, into a POTW, or by
	 land application thereby reducing the flow or level of pollutants being
	 discharged into waters of the state, applicable effluent standards and limits
	 for the discharge in a permit shall be adjusted to reflect the reduced raw
	 waste resulting from such disposal. Net effluent limits and standards in the
	 permit shall be calculated by one of the following methods:
(1) If none of the waste from a particular
  process is discharged into waters of the state and effluent limitation
  guidelines provide separate allocation for wastes from that process, all
  allocations for the process shall be eliminated from calculation of permit
  effluent limit or standards; and
(2) In all other cases, effluent limits shall
  be adjusted by multiplying the effluent derived by applying effluent limitation
  guidelines to the total waste stream by the amount of wastewater flow to be
  treated and discharged into waters of the state and dividing the result by the
  total wastewater flow. Effluent limits and standards so calculated may be
  further adjusted as allowed in chapter 74:52:07 to make them more or less
  stringent if discharges to wells, publicly owned treatment works, or by land
  application change the character or treatability of the pollutants being
  discharged to receiving waters. This method may be algebraically expressed as
P =
E X N
T
where P is the permit effluent limit, E is the limit derived by
	 applying effluent guidelines to the total waste stream, N is the wastewater
	 flow to be treated and discharged to waters of the state, and T is the total
	 wastewater flow.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-36,
		34A-2-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:28 - Net effluent limits not applicable under certain conditions

Current through Register Vol. 51, page 10, July 15, 2024
Section 74:52:03:27 does not apply to the extent that promulgated
	 effluent control concentrations of pollutants discharged but not mass or
	 specify a different specific technique for adjusting effluent limits to account
	 for well injection, land application, or disposal into POTWs.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-36,
		34A-2-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:04 - Transfer, modification, revocation and reissuance, and termination of permits › Section 74:52:04:01 - Transfer of permit

Current through Register Vol. 51, page 10, July 15, 2024
A permit may be transferred to a new owner or operator only if the
	 permit has been modified or has been revoked and reissued. The reissued or
	 modified permit shall incorporate other requirements, as necessary, to reflect
	 the conditions under the new owner. Automatic transfers are allowed as set
	 forth in §
									74:52:04:02.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:04 - Transfer, modification, revocation and reissuance, and termination of permits › Section 74:52:04:02 - Automatic transfers allowed with conditions

Current through Register Vol. 51, page 10, July 15, 2024
A permit may be automatically transferred to a new permittee if the
	 current permittee notifies the secretary at least 30 days in advance of the
	 proposed transfer date and the notice includes a written agreement between the
	 existing and new permittees containing a specific date for transfer of permit
	 responsibility, coverage, and liability between them. If the operation of the
	 facility will essentially remain unchanged and no action is taken by the
	 secretary, the transfer is effective on the date specified in the agreement. If
	 changes are planned, the permit must be transferred as set forth in §
									74:52:04:01.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:04 - Transfer, modification, revocation and reissuance, and termination of permits › Section 74:52:04:03 - Modification or revocation and reissuance of permits

Current through Register Vol. 51, page 10, July 15, 2024
If cause exists, the secretary may modify or revoke and reissue a
	 permit, subject to the limitations in this section. If a permit is modified,
	 the secretary may request an updated application; if a permit is revoked and
	 reissued, the secretary shall require a new application.
If a permit is modified, only the conditions subject to modification
	 are reopened. If a permit is revoked and reissued, the entire permit is
	 reopened and subject to revision and the permit is reissued for a new term. If
	 a permit modification satisfies the criteria in §
									74:52:04:06 for minor
	 modifications, the permit may be modified without a proposed permit or public
	 review. Otherwise, a proposed permit must be prepared and publicly noticed in
	 accordance with chapter 74:52:05.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:04 - Transfer, modification, revocation and reissuance, and termination of permits › Section 74:52:04:05 - Causes for modification or revocation and reissuance

Current through Register Vol. 51, page 10, July 15, 2024
The following are causes to modify or, alternatively, to revoke and
	 reissue a permit:
(1) Cause exists for
  termination under §
									74:52:04:07. The secretary may
  determine that modification or revocation and reissuance is appropriate;
  or
(2) The secretary has received
  notification of a proposed transfer of the permit.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:04 - Transfer, modification, revocation and reissuance, and termination of permits › Section 74:52:04:06 - Minor modifications of permits

Current through Register Vol. 51, page 10, July 15, 2024
Upon consent of the permittee, the secretary may modify a permit to
	 make the corrections or allowances for changes in the permitted activities that
	 are listed in this section without following the procedures of §
									74:52:04:03. Minor modifications
	 may only:
(1) Correct typographical
  errors;
(2) Require more frequent
  monitoring or reporting by the permittee;
(3) Change an interim compliance date in a
  schedule of compliance, provided the new date is not more than 120 days after
  the date specified in the existing permit and does not interfere with
  attainment of the final compliance date requirement;
(4) Change the construction schedule for a
  discharger which is a new source. Such a change may not affect a discharger's
  obligation to have all pollution control equipment installed and in operation
  prior to discharge;
(5) Delete an
  outfall if the discharge from that outfall is terminated and does not result in
  discharge of pollutants from other outfalls except in accordance with permit
  limits; or
(6) Incorporate
  conditions of a POTW pretreatment program that has been approved in accordance
  with the procedures in 40
  C.F.R. §
										403.11 (July 1, 2016), as
  enforceable conditions of the POTW's permit.;
(7) Incorporate changes to the terms of a
  concentrated animal feeding operation's nutrient management plan that have been
  revised in accordance with the requirements of §
									74:52:02:22.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:04 - Transfer, modification, revocation and reissuance, and termination of permits › Section 74:52:04:07 - Termination of permits

Current through Register Vol. 51, page 10, July 15, 2024
The following are causes for terminating a permit during its term or
	 for denying a permit renewal application:
(1) Noncompliance by the permittee with any
  condition of the permit;
(2) The
  permittee's failure in application or during the permit issuance process to
  disclose fully all relevant facts or the permittee's misrepresentation of any
  relevant facts at any time;
(3) A
  determination that the permitted activity endangers human health or the
  environment and can only be regulated to acceptable levels by permit
  modification or termination; or
(4)
  A change in any condition that requires either a temporary or a permanent
  reduction or elimination of any discharge controlled by the permit.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:01 - Complete application required

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall not begin processing a permit until the applicant
	 has fully complied with all application requirements.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-29,
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:02 - Secretary to review application for completeness

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall review each application for completeness. An
	 application for a new source or a new discharger shall be reviewed for
	 completeness by the secretary within 30 days of its receipt. An application for
	 an existing source shall be reviewed for completeness within 60 days of
	 receipt. If the application is incomplete, the secretary shall notify the
	 applicant and list the information necessary to make the application complete.
	 The secretary shall specify in the notice of deficiency a date for submitting
	 the necessary information. The secretary shall again review the additional
	 information for completeness according to the time limits set in this section.
	 The effective date of the application is the last date of the review period
	 unless the applicant is notified that the application is still incomplete or
	 that the effective date is sooner. After the application is completed, the
	 secretary may request additional information from an applicant but only when
	 necessary to clarify, modify, or supplement previously submitted
	 material.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-29,
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:03 - Refusal to correct application deficiency grounds for permit denial

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant fails or refuses to correct deficiencies in the
	 application, the permit will be denied.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-29,
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:04 - Notice for application denial

Current through Register Vol. 51, page 10, July 15, 2024
Once an application is complete and the secretary tentatively decides
	 to deny the permit application, the secretary shall issue a notice of intent to
	 deny the application. A notice of intent to deny the permit application follows
	 the same procedures as those contained in this chapter for a proposed
	 permit.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-29,
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:05 - Secretary to prepare proposed permit upon approval of application

Current through Register Vol. 51, page 10, July 15, 2024
If the secretary tentatively decides to issue a SWD permit or general
	 permit, the secretary shall prepare a proposed SWD permit or a proposed general
	 permit that contains the following information:
(1) All conditions under §§
									74:52:03:02 to
  74:52:03:10, inclusive, and when
  applicable, conditions under §§
									74:52:03:11 and
  74:52:03:12;
(2) All compliance schedules under §
									74:52:03:22;
(3) All monitoring requirements under §
									74:52:03:26; and
(4) All applicable effluent limitations,
  standards, prohibitions, and variances.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-29,
		34A-2-31.