reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:11 - Effect of permit

Current through Register Vol. 51, page 10, July 15, 2024
The following describe the effect of a SWD permit:
(1) Except for any toxic effluent standards
  and prohibitions imposed under section 307 of the CWA, compliance with a permit
  constitutes compliance with sections 301, 302, 306, 307, 318, 403, and 405 of
  CWA. It also constitutes compliance with the Act with regard to surface water
  discharges only;
(2) The issuance
  of a permit does not convey property rights of any sort or any exclusive
  privilege;
(3) The issuance of a
  permit does not authorize injury to persons or property or invasion of other
  private rights or infringement of state or local law or regulations.
General Authority:
SDCL
		34A-2-28.
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 74:52:01 - General provisions › Section 74:52:01:12 - Continuation of expiring permits

Current through Register Vol. 51, page 10, July 15, 2024
The conditions of an expired permit continue in force until the
	 effective date of a new permit if the permittee has submitted a timely
	 application for a new permit under chapter 74:52:02 which is complete and the
	 secretary, through no fault of the permittee, does not issue a new permit that
	 is effective by the expiration date of the previous permit.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-36,
		34A-2-49.
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 74:52:02:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
A person who discharges or proposes to discharge pollutants to surface
	 waters of the state and who does not have an effective SWD permit must submit a
	 complete, signed application for an SWD permit to the secretary. The following
	 are exceptions to the application requirements:
(1) Persons covered by general permits under
  §
									74:52:02:46;
(2) Discharges excluded under §
									74:52:01:06; and
(3) Users of a privately owned treatment
  works.
When a facility or activity is owned by one person but is operated by
	 another person, the operator must obtain the permit.
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 74:52:02:02 - Correlation between state and EPA permits

Current through Register Vol. 51, page 10, July 15, 2024
On the date of SWD permit program approval by EPA, all persons who do
	 not have a SWD permit but are permitted or authorized under the NPDES program
	 shall be considered to hold a SWD permit, including those expired permits which
	 EPA has continued in effect according to
	 40 C.F.R. §
										122.6 (July 24, 1992), continuation of
	 expiring permits.
On the date of sludge management program approval by EPA, all persons
	 who do not have a SWD permit but are permitted or authorized under the NPDES
	 sludge management program shall be considered to hold a SWD permit, including
	 those expired permits which EPA has continued in effect according to
	 40 C.F.R. §
										122.6 (July 24, 1992), continuation of
	 expiring permits.
General Authority:
SDCL
		34A-2-28,
		34A-2-93.
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 74:52:02:03 - Time to apply for new facilities

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §§
									74:52:02:04 and
	 74:52:02:36, a person proposing a
	 surface water discharge or the use or disposal of sewage sludge from treatment
	 works treating domestic sewage shall submit a complete application for a SWD
	 permit at least 180 days before the date on which the discharge is to commence
	 unless permission for a later date has been granted by the
	 secretary.
General Authority:
SDCL
		34A-2-30,
		34A-2-93.
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 74:52:02:04 - Time to reapply for dischargers with currently effective EPA-issued NPDES permits

Current through Register Vol. 51, page 10, July 15, 2024
A facility with a currently effective EPA-issued NPDES permit must
	 submit a new application for an SWD permit at least 180 days before the
	 expiration date of the existing permit, unless permission for a later date has
	 been granted by the secretary. The secretary may grant permission to submit an
	 application later than the deadline but in no case may the application be
	 submitted later than the expiration date of the existing
	 permit.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36.
National Pollution Discharge Elimination System, 40 C.F.R. Part
		125.
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 74:52:02:05 - SWD permit renewals

Current through Register Vol. 51, page 10, July 15, 2024
All owners or operators of SWD permits must reapply for a permit at
	 least 180 days before the expiration date of the existing
	 permit.
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 74:52:02:06 - Continuation of expired permits

Current through Register Vol. 51, page 10, July 15, 2024
The conditions of an expired permit remain effective and enforceable
	 until the effective date of a new permit if the permittee has submitted a
	 complete and timely application for a new permit under §§
									74:52:02:04 and
	 74:52:02:05 and the secretary,
	 through no fault of the permittee, does not issue a new permit that is
	 effective by the expiration date of the previous permit.
If the permittee is not in compliance with the conditions of the
	 expiring or expired permit, the secretary may choose to do one or more of the
	 following:
(1) Initiate enforcement
  action based on the permit which has been continued;
(2) Issue a notice of intent to deny the new
  permit under §
									74:52:05:04;
(3) Issue a new permit under §
									74:52:04:03 with appropriate
  conditions; or
(4) Take other
  action authorized by the SWD permit regulations in chapters 74:52:01 to
  74:52:11, inclusive.
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 74:52:02:07 - Review of applications

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may not begin processing a SWD permit before receiving a
	 complete application, except for general permits. A permit application is
	 complete when the secretary receives a signed application form with
	 supplemental information which is determined to be complete.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36.
General permits, §
											74:52:02:46.
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 74:52:02:08 - Information requirements

Current through Register Vol. 51, page 10, July 15, 2024
All applicants for SWD permits must provide the following information
	 to the secretary, using the application form provided by the secretary:
(1) The activities being conducted which
  require the applicant to obtain a SWD permit;
(2) The name, mailing address, and location
  of the facility for which the application is submitted;
(3) From one to four Standard Industrial
  Classification (SIC) codes which best reflect the principal products or
  services provided by the facility;
(4) The operator's name, address, telephone
  number, ownership status, and federal, state, private, public, or other entity
  status;
(5) Whether the facility is
  located on Indian lands;
(6) A list
  of all other relevant environmental permits or construction approvals received
  or required by state or federal law;
(7) A topographic map, or other map if a
  topographic map is unavailable, extending one mile beyond the property
  boundaries of the source, depicting the facility and each of its intake and
  discharge facilities; each of its hazardous waste treatment, storage, or
  disposal facilities; each well where fluids from the facility are injected
  underground; and those wells, springs, other surface water bodies, and drinking
  water wells and surface water intake structures listed in public records or
  otherwise known to the applicant in the map area;
(8) A brief description of the nature of the
  business;
(9) Any other information
  required by the secretary to determine any significant adverse environmental
  effects of the discharge;
(10) The
  signature of the certifying official under §
									74:52:02:18;
(11) Whether the applicant, any officer,
  director, partner, or resident general manager making the application meets any
  of the criteria contained in SDCL
  1-40-27; and
(12) Whether the application substantially
  duplicates an application by the same applicant which was denied by the
  secretary within the past five years and which has not been reversed by a court
  of competent jurisdiction.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36,
		1-40-27,
		1-40-28.
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 74:52:02:09 - Application requirements for new sources and new discharges

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the information required by §
									74:52:02:08, new manufacturing,
	 commercial, mining, and silvicultural dischargers applying for SWD permits must
	 provide the following information to the secretary, using application forms
	 provided by the secretary:
(1) The
  location of the outfalls, including the latitude and longitude to the nearest
  15 seconds, and the name of the receiving water;
(2) The expected date of commencement of
  discharge;
(3) The flows, sources
  of pollution, and treatment technologies, including the following:
(a) A description of the treatment that the
  wastewater will receive, along with all operations contributing wastewater to
  the effluent, average flow contributed by each operation, and the ultimate
  disposal of any solid or liquid wastes not discharged. The average flow of
  point sources composed of storm water may be estimated. The basis for the
  rainfall event and the method of estimation must be indicated;
(b) A line drawing of the water flow through
  the facility with a water balance, showing operations contributing wastewater
  to the effluent and treatment units. Similar processes, operations, or
  production areas may be indicated as a single unit, labeled to correspond to
  the more detailed identification under subdivision (c) of this section. The
  water balance shall show approximate average flows at intake and discharge
  points and between units, including treatment units. If a water balance cannot
  be determined, the applicant may provide a pictorial description of the nature
  and amount of any sources of water and any collection and treatment measures;
  and
(c) If any of the expected
  discharges will be intermittent or seasonal, a description of the frequency,
  duration, and maximum daily flow rate of each discharge occurrence, except for
  storm water runoff, spillage, or leaks;
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 74:52:02:11 - Application requirements for manufacturing, commercial, mining, and silvicultural facilities which discharge only nonprocess wastewater

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the information required by §
									74:52:02:08, all manufacturing,
	 commercial, mining, and silvicultural dischargers applying for SWD permits
	 which discharge only nonprocess wastewater, excluding storm water, and not
	 regulated by chapter 74:52:10, must provide the following information to the
	 secretary, using application forms provided by the secretary:
(1) The location of the outfalls, including
  the latitude and longitude to the nearest 15 seconds and the name of the
  receiving water;
(2) The date of
  expected commencement of discharge;
(3) An identification of the general type of
  waste discharged, or expected to be discharged upon commencement of operations,
  including sanitary wastes, restaurant or cafeteria wastes, or noncontact
  cooling water. An identification of cooling water additives, if any, that are
  used or expected to be used upon commencement of operations, along with their
  composition if existing composition is available;
(4) Quantitative data for pollutants or
  parameters listed below, unless testing is waived by the secretary. The
  quantitative data may be data collected over the past 365 days, if they remain
  representative of current operations, and must include maximum daily value,
  average daily value, and the number of measurements taken. The applicant must
  collect as set forth in 40
  C.F.R. 122.21 (g)(7) (July
  24, 1992) and analyze samples in accordance with 40 C.F.R. Part 136 (July 1,
  1996). New dischargers must include estimates for the pollutants and parameters
  listed below instead of actual sampling data, along with the source of each
  estimate. All levels must be reported or estimated as concentration and as
  total mass, except for flow, pH, and temperature:
(i) Biochemical oxygen demand
  (BOD);
(ii)Total suspended solids
  (TSS);
(iii) Fecal coliform, if
  believed to be present or if sanitary waste is or will be discharged;
(iv) Total residual chlorine, if chlorine is
  used;
(v) Oil and grease;
(vi) Chemical oxygen demand (COD), if
  noncontact cooling water is or will be discharged;
(vii) Total organic carbon (TOC), if
  noncontact cooling water is or will be discharged;
(viii) Ammonia (as N);
(ix) Discharge flow;
(x) pH; and
(xi) Temperature (both winter and
  summer).
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 74:52:02:12 - Additional requirements for new dischargers

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may waive the reporting requirements for one or more of
	 the pollutants listed in this subsection if the applicant has demonstrated that
	 the waiver is appropriate because information adequate to support issuance of a
	 permit can be obtained with less stringent requirements. If the applicant is a
	 new discharger, the applicant must submit quantitative data on the parameters
	 listed in this subdivision within two years after commencement of discharge.
	 However, the applicant need not submit quantitative data which has already been
	 performed and reported under the discharge monitoring requirements of the SWD
	 permit. The requirements of this subdivision do not apply to pollutants present
	 in a discharge solely as a result of their presence in intake water. The
	 required parameters are as follows:
(1) A description of the frequency of flow
  and duration of any seasonal or intermittent discharge, except for storm water
  or spills;
(2) A brief description
  of any system used or to be used; and
(3) Any additional information the applicant
  wishes to be considered.
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 74:52:02 - Application requirements › Section 74:52:02:13 - Application requirements for whole effluent biological toxicity testing by POTWs

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the information required by §
									74:52:02:08, POTWs with design
	 influent flow equal to or greater than one million gallons a day and POTWs with
	 approved pretreatment programs or POTWs required to develop a pretreatment
	 program shall provide the results of valid whole effluent toxicity testing to
	 the secretary.
In addition, the secretary may require other POTWs to submit the
	 results of toxicity tests with their permit application, based on consideration
	 of the following factors:
(1) The
  variability of the pollutants or pollutant parameters in the POTW effluent,
  based on chemical-specific information, the type of treatment facility, and
  types of industrial contributors;
(2) The dilution of the effluent in the
  receiving water (ratio of effluent flow to receiving stream flow);
(3) Existing controls on point or nonpoint
  sources, including total maximum daily load calculations for the waterbody
  segment and the relative contribution of the POTW;
(4) Receiving stream characteristics,
  including possible or known water quality impairment, and whether the POTW
  discharges to an outstanding natural resource water; and
(5) Other considerations, including the
  history of toxic impact and compliance problems at the POTW, which the
  secretary determines could cause or contribute to adverse water quality
  impacts.
POTWs required in this section to conduct toxicity testing shall use
	 EPA methods or other established protocols which are scientifically defensible
	 and sufficiently sensitive to detect aquatic toxicity. Such testing must have
	 been conducted since the last SWD permit reissuance or permit modification
	 under chapter 74:52:04, whichever occurred later.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-40,
		34A-2-44.
Short-Term Methods for Estimating the Chronic Toxicity of
		Effluents and Receiving Waters to Freshwater Organisms
, Stock Number
		EPA/600/4-89/001, March, 1989, U.S. Environmental Protection Agency, Office of
		Research and Development. Copies are available from the National Technical
		Information Service, U.S. Department of Commerce, Springfield, Virginia 22161.
		The cost is $18.95.
Methods for Measuring the Acute Toxicity of Effluents and
		Receiving Waters to Freshwater Organisms
, (fourth edition), Stock Number
		EPA/600/4-90/027, September, 1991, U.S. Environmental Protection Agency, Office
		of Research and Development. Copies are available from the National Technical
		Information Service, U.S. Department of Commerce, Springfield, Virginia 22161.
		The cost is $24.95.
Outstanding state resource waters, §
											74:51:01:39.
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 74:52:02:14 - Application requirements for POTWs with approved pretreatment programs

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the application requirements in §
									74:52:02:08, POTWs with approved
	 local pretreatment programs shall provide the secretary a written technical
	 evaluation of the need to revise local limits as defined by §
									74:52:11:01.
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 74:52:02 - Application requirements › Section 74:52:02:14.01 - Application requirements for treatment works treating domestic sewage

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the application requirements in §
									74:52:02:08, treatment works
	 treating domestic sewage shall provide:
(1) A topographic map, or other map if a
  topographic map is unavailable, that extends one mile beyond the property
  boundaries of the treatment works treating domestic sewage and depicts the
  location of the sludge management facilities (including disposal sites), the
  location of all water bodies, and the location of wells used for drinking water
  within one-quarter mile of the property boundaries that are listed in the
  public records or otherwise known to the applicant;
(2) Any sludge monitoring data the applicant
  may have for landfills or land application sites, including available
  groundwater monitoring data, with a description of the well locations and
  approximate depth to groundwater;
(3) A description of the applicant's sludge
  use and disposal practices, including, as applicable, the location of any sites
  where the applicant transfers sludge for treatment or disposal or both; the
  name of the applicator or other contractor who applies the sludge to land if
  different from the applicant; and the name of any distributors, if different
  from the applicant, if the sludge will be disposed of through distribution and
  marketing;
(4) For each land
  application site the applicant will use during the life of the permit, the
  applicant must supply information necessary to determine if the site is
  appropriate for land application and a description of how the site is or will
  be managed. Applicants intending to apply sludge to land application sites not
  identified at the time of application must submit a land application plan which
  at a minimum:
(a) Describes the geographical
  area covered by the plan;
(b)
  Identifies site selection criteria;
(c) Describes how sites will be managed;
  and
(d) Provides a 30-day advance
  notice to the secretary of specific land application sites, allowing the
  secretary to object before sludge application;
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 74:52:02:15 - Recordkeeping

Current through Register Vol. 51, page 10, July 15, 2024
Applicants must keep records of all data used to complete permit
	 applications and any supplemental information submitted under this chapter for
	 a period of at least three years from the date the application is
	 signed.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-40.
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 74:52:02:16 - Service of process

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant shall provide the secretary with an address for receipt
	 of any legal paper for service of process. The last address provided to the
	 secretary pursuant to this provision must be the address at which the secretary
	 may tender any legal notice, including service of process in connection with an
	 enforcement action. Service is complete upon tender of the notice, process, or
	 order and shall not be considered incomplete because of the refusal to accept
	 it or because the addressee is not found.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:02 - Application requirements › Section 74:52:02:17 - Confidentiality of information

Current through Register Vol. 51, page 10, July 15, 2024
Certain information submitted to the secretary pursuant to chapters
	 74:52:01 to 74:52:11, inclusive, may be claimed as confidential by the
	 applicant under SDCL
	 34A-2-94. The claim must be
	 asserted at the time of submission of the application form or, in the case of
	 other submissions, by stamping the words "confidential business information" on
	 each page containing such information. If no claim is made at the time of
	 submission, the secretary may make the information available to the public
	 without further notice.
Information which includes effluent data and records required by SWD
	 application forms provided by the secretary may not be claimed as
	 confidential.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-40,
		34A-2-44,
		34A-2-94.
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 74:52:02:18 - Signatory requirements for permit applications

Current through Register Vol. 51, page 10, July 15, 2024
All permit applications must be signed as follows:
(1) For a corporation: by a responsible
  corporate officer. For the purpose of this subdivision, a responsible corporate
  officer means one of the following:
(a) A
  president, secretary, treasurer, or vice-president of the corporation in charge
  of a principal business or function or any other person who performs similar
  policy or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing,
  production, or operating facilities employing more than 250 persons or having
  gross annual sales or expenditures exceeding $25 million, if authority to sign
  documents has been assigned or delegated to the manager in accordance with
  corporate procedures;
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 74:52:02:19 - Signatory requirements for reports

Current through Register Vol. 51, page 10, July 15, 2024
All reports required by permits and other information requested by the
	 secretary must be signed by a person described in §
									74:52:02:18 or by an authorized
	 representative of that person. A person is a duly authorized representative
	 only under the following circumstances:
(1) The authorization is made in writing by a
  person described in §
									74:52:02:18;
(2) The authorization specifies either an
  individual or a position with responsibility for the overall operation of the
  regulated facility or activity, such as the position of plant manager, operator
  of a well or a well field, superintendent, or a position of equivalent
  responsibility or an individual or position with overall responsibility for
  environmental matters for the company; and
(3) The written authorization is submitted to
  the secretary.
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 74:52:02 - Application requirements › Section 74:52:02:20 - Changes to signatory authorization

Current through Register Vol. 51, page 10, July 15, 2024
If an authorization under §
									74:52:02:19 is no longer accurate
	 because a different individual or position has responsibility for the overall
	 operation of the facility, a new authorization satisfying the requirements of
	 §
									74:52:02:18 must be submitted to
	 the secretary prior to or together with any reports, information, or
	 applications to be signed by an authorized representative.
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 74:52:02 - Application requirements › Section 74:52:02:21 - Certification of documents

Current through Register Vol. 51, page 10, July 15, 2024
A person signing a document under this chapter must make the following
	 certification:
"I certify under penalty of law that this document and all attachments
	 were prepared under my direction or supervision in accordance with a system
	 designed to assure that qualified personnel properly gather and evaluate the
	 information submitted. Based on my inquiry of the person or persons who manage
	 the system or those persons directly responsible for gathering the information,
	 the information submitted is, to the best of my knowledge and belief, true,
	 accurate, and complete. I am aware that there are significant penalties for
	 submitting false information, including the possibility of fine and
	 imprisonment for knowing violations."
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-40.
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 74:52:02:22 - Additional requirements for concentrated animal feeding operations

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements in chapters 74:52:01 to 74:52:11,
	 inclusive, requirements for concentrated animal feeding operations are
	 contained in 40 C.F.R.
	 122.23,
	 122.28(b)(2)(vii),
	 and 40 C.F.R.
	 122.42(e) (July 30, 2012).
	 In the federal rules that are adopted by reference pursuant to this section,
	 the term "NPDES permit" means "surface water discharge permit," and the terms
	 "State Director" and "Director" mean "secretary", "State". Authorized state",
	 "approved state", and "approved program" means "South Dakota", and "United
	 States" means the "State of South Dakota".
General Authority:
SDCL
		34A-2-30,
		34A-2-93.
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 74:52:02 - Application requirements › Section 74:52:02:30 - Permit requirements for the land application of manure, litter, and process wastewater

Current through Register Vol. 51, page 10, July 15, 2024
Any permit for a concentrated animal feeding operation must include
	 technical standards for nutrient management established by the secretary to
	 minimize nitrogen and phosphorous transport from land application fields to
	 surface waters of the state.
General Authority:
SDCL
		34A-2-30,
		34A-2-93.
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 74:52:02 - Application requirements › Section 74:52:02:31 - Definitions applicable to concentrated aquatic animal production facilities

Current through Register Vol. 51, page 10, July 15, 2024
The following definitions are applicable to concentrated aquatic animal
	 production facilities:
(1) "Cold water
  aquatic animals," cold water fish or other animals that thrive in cold water
  including the Salmonidae family of fish; for example, trout and
  salmon;
(2) "Concentrated aquatic
  animal production facility," a hatchery, fish farm, or other facility which
  meets the criteria of §
									74:52:02:35 or which the secretary
  designates under §
									74:52:02:32; and
(3) "Warm water aquatic animals," warm water
  fish or other animals that thrive in warm water including the Ameiuride,
  Centrachidae, and Cyprinidae families of fish; for example, catfish, sunfish,
  and minnows, respectively.
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 74:52:02 - Application requirements › Section 74:52:02:32 - Designation of small aquatic animal production facility as concentrated aquatic animal production facility

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may designate any warm or cold water aquatic animal
	 production facility as a concentrated aquatic animal production facility upon
	 determining that it is a significant contributor of pollution to the surface
	 waters of the state. In making this designation the secretary shall consider
	 the following factors:
(1) The
  location and quality of the receiving waters of the state;
(2) The holding, feeding, and production
  capacities of the facility;
(3) The
  quantity and nature of the pollutants reaching surface waters of the state;
  and
(4) Other relevant
  factors.
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 74:52:02 - Application requirements › Section 74:52:02:33 - Inspection of small aquatic animal production facilities required before subjecting to SWD regulations

Current through Register Vol. 51, page 10, July 15, 2024
A permit application is not required from a concentrated aquatic animal
	 production facility designated under §
									74:52:02:32 until the secretary
	 has conducted an on-site inspection of the facility and has determined that the
	 facility could and should be covered by chapters 74:52:01 to 74:52:11,
	 inclusive.
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 74:52:02 - Application requirements › Section 74:52:02:34 - Application requirements for new and existing concentrated aquatic animal production facilities

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements in §
									74:52:02:08, new and existing
	 concentrated aquatic animal production facilities shall provide the following
	 information using the application form provided by the secretary:
(1) The maximum daily and average monthly
  flow from each outfall;
(2) The
  number of ponds, raceways, and similar structures;
(3) The name of the receiving water and the
  source of intake water;
(4) For
  each species of aquatic animals, the total yearly and maximum harvestable
  weight; and
(5) The calendar month
  of maximum feeding and the total mass of food fed during that month.
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 74:52:02 - Application requirements › Section 74:52:02:35 - Criteria for concentrated aquatic animal production facility

Current through Register Vol. 51, page 10, July 15, 2024
A hatchery, fish farm, or other facility is a concentrated aquatic
	 animal production facility for purposes of this chapter if it contains, grows,
	 or holds aquatic animals in either of the following categories:
(1) Cold water fish species or other cold
  water aquatic animals, as defined in §
									74:52:02:31, in ponds, raceways,
  or similar structures which discharge at least 30 days a year but not
  facilities which produce less than 9,090 harvest weight kilograms
  (approximately 20,000 pounds) of aquatic animals a year and facilities which
  feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the
  calendar month of maximum feeding.
(2) Warm water fish species or other warm
  water aquatic animals, as defined in §
									74:52:02:31, in ponds, raceways,
  or similar structures which discharge at least 30 days a year, but not closed
  ponds which discharge only during periods of excess runoff or facilities which
  produce less than 45,454 harvest weight kilograms (approximately 100,000
  pounds) of aquatic animals a year.
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 74:52:02 - Application requirements › Section 74:52:02:36 - Storm water discharges subject to SWD permit regulations

Current through Register Vol. 51, page 10, July 15, 2024
The following discharges are subject to the SWD permit regulations, as
	 defined in this chapter and in 40 C.F.R. § 122 and § 123 (July 1,
	 2001):
(1) A storm water discharge
  associated with industrial activity;
(2) A storm water discharge from a large or
  medium municipal separate storm sewer system;
(3) A storm water discharge from a small
  municipal separate storm sewer system located in an urbanized area as
  determined by the 2000 census by the Bureau of Census;
(4) A storm water discharge from a small
  municipal separate storm sewer system serving a population greater than or
  equal to 10,000 persons;
(5) A
  storm water discharge associated with small construction activity;
  and
(6) A storm water discharge
  which the secretary determines to contribute to a violation of a water quality
  standard; to be a significant contributor of pollutants to the waters of the
  state; or to have the potential to contribute significant pollutants to waters
  of the state.
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 74:52:02 - Application requirements › Section 74:52:02:37 - Application requirements for storm water discharges

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota surface water discharge storm water permit application
	 requirements and deadlines are those in 40 C.F.R. § 122 (July 1,
	 2001).
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 74:52:02 - Application requirements › Section 74:52:02:38 - Definitions applicable to silvicultural activities

Current through Register Vol. 51, page 10, July 15, 2024
The following definitions are applicable to silvicultural
	 activities:
(1) "Silvicultural point
  source," any discernible, confined, and discrete conveyance related to rock
  crushing, gravel washing, log sorting, or log storage facilities which are
  operated in connection with silvicultural activities and from which pollutants
  are discharged into waters of the state. The term does not include non-point
  source silvicultural activities such as nursery operations, site preparation,
  reforestation and subsequent cultural treatment, thinning, prescribed burning,
  pest and fire control, harvesting operations, surface drainage, or road
  construction and maintenance from which there is natural runoff;
(2) "Rock crushing and gravel washing
  facilities," facilities which process crushed and broken stone, gravel, and
  riprap as defined in 40 C.F.R. Part 436 Subpart B (July 1, 1991);
(3) "Log sorting and log storage facilities,"
  facilities whose discharges result from the holding of unprocessed wood as
  defined in 40 C.F.R. Part 436 Subpart I (July 1, 1991).
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 74:52:02 - Application requirements › Section 74:52:02:39 - Primary industry categories

Current through Register Vol. 51, page 10, July 15, 2024
A SWD permit issued to dischargers in the following primary industry
	 categories must include effluent limitations, and if necessary, a compliance
	 schedule to meet the requirements of chapters 74:52:01 to 74:52:11, inclusive,
	 and requirements of §§ 301(b)(2)(A),(C),(D),(E), and (F) of the CWA,
	 whether or not applicable effluent limitations guidelines have been
	 promulgated:
(1) Adhesives and
  sealants;
(2) Aluminum
  forming;
(3) Auto and other
  laundries;
(4) Battery
  manufacturing;
(5) Coal
  mining;
(6) Coil coating;
(7) Copper forming;
(8) Electrical and electronic
  components;
(9)
  Electroplating;
(10) Explosives
  manufacturing;
(11)
  Foundries;
(12) Gum and wood
  chemicals;
(13) Inorganic chemicals
  manufacturing;
(14) Iron and steel
  manufacturing;
(15) Leather tanning
  and finishing;
(16) Mechanical
  products manufacturing;
(17)
  Nonferrous metals manufacturing;
(18) Ore mining;
(19) Organic chemicals
  manufacturing;
(20) Paint and ink
  formulation;
(21)
  Pesticides;
(22) Petroleum
  refining;
(23) Pharmaceutical
  preparations;
(24) Photographic
  equipment and supplies;
(25)
  Plastic processing;
(26) Plastic
  and synthetic materials manufacturing;
(27) Porcelain enameling;
(28) Printing and publishing;
(29) Pulp and paper mills;
(30) Rubber processing;
(31) Soap and detergent
  manufacturing;
(32) Steam electric
  power plants;
(33) Textile mills;
  and
(34) Timber products
  processing.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-37,
		34A-2-39.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:02 - Application requirements › Section 74:52:02:40 - SWD permit application testing requirements

Current through Register Vol. 51, page 10, July 15, 2024
As required by §§
									74:52:02:09 and
	 74:52:02:10, new and existing
	 manufacturing, commercial, mining, and silvicultural dischargers with processes
	 in one or more primary industrial categories contributing to a discharge must
	 report quantitative data for the gas chromatography/mass spectroscopy (GC/MS)
	 fraction for organic toxic pollutants as applicable in the 40 CFR Part 122,
	 Appendix D, Table I (July 1, 2016):
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 74:52:02 - Application requirements › Section 74:52:02:41 - Organic toxic pollutants in GC/MS fractions

Current through Register Vol. 51, page 10, July 15, 2024
If quantitative data for organic toxic pollutants is required to be
	 reported according to §§
									74:52:02:09 and
	 74:52:02:10 and testing
	 requirements according to the GC/MS fraction are identified in the table in
	 §
									74:52:02:40, the quantitative data
	 for the specific pollutant listed under the respective GC/MS fraction in 40 CFR
	 122, Appendix D, Table II (July 1, 2016) must be reported:
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-37,
		34A-2-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:02 - Application requirements › Section 74:52:02:42 - Application requirements for testing other toxic pollutants - Metals, cyanide, and total phenols

Current through Register Vol. 51, page 10, July 15, 2024
As required by §§
									74:52:02:09 and
	 74:52:02:10, new and existing
	 manufacturing, commercial, mining, and silvicultural activities must report
	 quantitative data on the following pollutants if there is reason to believe
	 they are present:
(1) Antimony,
  total;
(2) Arsenic,
  total;
(3) Beryllium,
  total;
(4) Cadmium,
  total;
(5) Chromium,
  total;
(6) Copper, total;
(7) Cyanide, weak acid dissociable;
(8) Lead, total;
(9) Mercury, total;
(10) Molybdenum, total;
(11) Nickel, total;
(12) Selenium, total;
(13)  Silver, total;
(14) Thallium, total;
(15) Zinc, total;
(16) Cyanide, total; and
(17) Phenols, total.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-37,
		34A-2-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:02 - Application requirements › Section 74:52:02:43 - Application requirements for testing conventional and nonconventional pollutants

Current through Register Vol. 51, page 10, July 15, 2024
Applicants for new sources, new dischargers, and discharges from
	 existing manufacturing, commercial, mining, and silvicultural activities must
	 report according to §§
									74:52:02:09 and
	 74:52:02:10 quantitative data on
	 the pollutants listed in 40 CFR Part 122, Appendix D, Table IV (July 1, 2016)
	 if they have reason to believe that they are present:
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-37,
		34A-2-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:02 - Application requirements › Section 74:52:02:44 - Application requirements for identifying toxic pollutants and hazardous substances

Current through Register Vol. 51, page 10, July 15, 2024
Applicants for new sources, new discharges, and discharges from
	 existing manufacturing, commercial, mining, and silvicultural activities must
	 report according to §§
									74:52:02:09 and
	 74:52:02:10 any pollutant in the
	 40 CFR Part 122, Appendix D, Table V (July 1, 2016) if it is believed to be
	 present:
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-37,
		34A-2-43.