reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:04 - Works of sanitary significance › Section 74:53:04:01 - Copies of plans and specifications to be submitted to department

Current through Register Vol. 51, page 10, July 15, 2024
Two copies of complete plans and specifications, together with any
	 additional information required, shall be submitted to the South Dakota
	 Department of Environment and Natural Resources for review and approval of the
	 items of sanitary significance.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:04 - Works of sanitary significance › Section 74:53:04:02 - Plans and specifications to be prepared by competent persons

Current through Register Vol. 51, page 10, July 15, 2024
Plans and specifications must be prepared by a person or persons
	 qualified under SDCL 36-18 pertaining to the registration and certification of
	 engineers, architects, and land surveyors. The seal of registration must be
	 imprinted on all plans and specifications.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:04 - Works of sanitary significance › Section 74:53:04:03 - Revisions of plans and specifications to be submitted

Current through Register Vol. 51, page 10, July 15, 2024
If there is a material alteration or deviation from the plans and
	 specifications as approved, revised plans and specifications shall be submitted
	 as new plans and specifications for review and approval.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:04 - Works of sanitary significance › Section 74:53:04:04 - Disposition of approved plans and specifications

Current through Register Vol. 51, page 10, July 15, 2024
One complete set of approved plans and specifications becomes the
	 property of the Department of Environment and Natural Resources, and one
	 complete approved set shall be returned as directed by the owner or the owner's
	 representative. If additional approved sets are desired by the owner, the
	 required number shall be submitted to the Department of Environment and Natural
	 Resources for approval and return.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:04 - Works of sanitary significance › Section 74:53:04:05 - Time required for review

Current through Register Vol. 51, page 10, July 15, 2024
Plans and specifications must be submitted at least 30 days prior to
	 the date on which the owner desires action by the approving
	 authority.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:04 - Works of sanitary significance › Section 74:53:04:06 - Deviation from approved plans and specifications prohibited

Current through Register Vol. 51, page 10, July 15, 2024
There shall be no deviation from the approved plans and specifications
	 without first submitting revised plans and specifications as new plans and
	 specifications to the South Dakota Department of Environment and Natural
	 Resources and receiving written supplemental approval.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:04 - Works of sanitary significance › Section 74:53:04:07 - Approval void after two years if construction not started

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Environment and Natural Resources' approval of plans
	 and specifications becomes void two years after date of approval if
	 construction is not initiated prior to that time. Upon request of the owner,
	 voided plans and specifications may be submitted for
	 reconsideration.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:04 - Works of sanitary significance › Section 74:53:04:08 - Department to be notified when system or works completed

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Environment and Natural Resources shall be notified
	 when works or systems or both constructed in accordance with approved plans and
	 specifications are to be placed in service.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:05 - Public water supply systems › Section 74:53:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Definitions.
Terms used in this chapter mean:
(1) "Public water supply," a water supply
  from which water is available to the people at large or to any considerable
  number of members of the public indiscriminately;
(2) "Private water supply," a water supply
  from which water is not available to people at large because its location and
  outlets are on private property to which the general public does not have
  access or legal right of entry; and
(3) "Owner," a state, county, city, town,
  corporation, firm, company, institution, person, or persons owning or operating
  any public water supply.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-93.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:05 - Public water supply systems › Section 74:53:05:02 - Written approval of plans and specifications required

Current through Register Vol. 51, page 10, July 15, 2024
The written approval of the Department of Environment and Natural
	 Resources is required for features of sanitary significance of plans and
	 specifications for new or materially altered public water supply. Plans and
	 specifications shall be submitted as prescribed by chapter
	 74:53:04.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:05 - Public water supply systems › Section 74:53:05:03 - Approval for operation of public water supply required

Current through Register Vol. 51, page 10, July 15, 2024
Every owner, before placing in operation a new public water supply or
	 any additions or alterations to one must receive written approval of the
	 Department of Environment and Natural Resources.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:05 - Public water supply systems › Section 74:53:05:04 - Inspections required - Defects to be corrected

Current through Register Vol. 51, page 10, July 15, 2024
Field inspections of public water supplies shall be made by the
	 Department of Environment and Natural Resources. The department shall notify
	 the appropriate officials of insanitary features with recommendations for
	 correction. Sanitary defects must be corrected as far and as rapidly as
	 practicable.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-44,
		34A-2-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:05 - Public water supply systems › Section 74:53:05:05 - Department to issue minimum requirements to interested persons

Current through Register Vol. 51, page 10, July 15, 2024
For the information of those concerned in the preparation of plans and
	 specifications for the construction of public water supplies, the Department of
	 Environment and Natural Resources shall issue general minimum requirements
	 concerning necessary data, design details, and other pertinent information
	 prerequisite to meeting the approval of the Department of Environment and
	 Natural Resources.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL 34A-2-7,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:01 - Groundwater quality standards › Section 74:54:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL
	 34A-2-2 have the same meaning
	 when used in this chapter. In addition, terms used in this chapter mean:
(1) "Ambient," the constituents or parameters
  and the concentration or measurements which describe water quality prior to a
  subsurface discharge;
(2) "CAS
  Number," a unique identifier assigned by the American Chemical Society to
  chemicals recorded in the Chemical Abstract Registry System (CAS). The CAS
  Number is used to conclusively identify a substance regardless of assigned
  name. Additional information concerning the CAS Registry System is available
  online at:
http://www.cas.org/EO/regsys.html;
(3) "Contaminant," any physical, chemical,
  biological, or radiological substance or matter in water potentially harmful to
  human health;
(4) "Groundwater,"
  water below the land surface that is in the zone of saturation;
(5) "EPA," the United States Environmental
  Protection Agency;
(6) "MFL,"
  million fibers per liter;
(7)
  "mg/L," milligrams per liter;
(8)
  "MPN," most probable number;
(9)
  "mrem," "millirem," the dosage of an ionizing radiation that will cause the
  same biological effect as 0.001 roentgen of X-ray or gamma-ray
  exposure;
(10) "pH," a measure of
  the acidity or alkalinity of a solution, numerically equal to 7 for neutral
  solutions, increasing with alkalinity and decreasing with acidity;
(11) "pCi," "Picocurie," that quantity of
  radioactive material producing 2.22 nuclear transformations per
  minute;
(12) "Pollutant," dredged
  spoil, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash,
  chemical waste, biological material, radioactive material, heat, wrecked or
  discarded equipment, rock, sand, or any industrial, municipal, or agricultural
  waste discharged into waters of the state;
(13) "Secretary," the secretary of the
  Department of Environment and Natural Resources or a representative designated
  to act for the secretary;
(14)
  "Total dissolved solids," "TDS," a term that expresses the quantity of
  dissolved material in a sample of water, which is determined by weighing the
  solid residue obtained by evaporating a measured volume of filtered sample to
  dryness at 356 degrees Fahrenheit.
General Authority:
SDCL
		34A-2-11.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:01 - Groundwater quality standards › Section 74:54:01:02 - Toxic pollutant defined

Current through Register Vol. 51, page 10, July 15, 2024
A toxic pollutant is a water contaminant or combination of water
	 contaminants in a concentration or concentrations which, upon exposure,
	 ingestion, inhalation, or assimilation either directly from the environment or
	 indirectly by ingestion through food chains, will unreasonably threaten or
	 injure human health or the health of animals or plants. As used in this
	 section, injuries to health include death, histopathologic change, depression
	 of immune system, clinical symptoms of disease, behavioral abnormalities,
	 genetic mutation, physiological malfunctions, and physical deformations in such
	 organisms or their offspring. In order to be considered a toxic pollutant a
	 contaminant must be one or a combination of the potential toxic pollutants
	 shown by scientific information currently available to the public to have
	 potential for causing one or more of the effects listed in this
	 section.
General Authority:
SDCL
		34A-2-11.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:01 - Groundwater quality standards › Section 74:54:01:03 - Classification of groundwater

Current through Register Vol. 51, page 10, July 15, 2024
The existing and future beneficial uses of groundwater shall be
	 maintained and protected. Waters of the state in which ambient water quality is
	 better than the minimum levels prescribed shall be maintained and protected at
	 the better water quality.
Groundwater which has an ambient concentration of 10,000 mg/L or less
	 total dissolved solids (TDS) is classified as having the beneficial use of
	 drinking water supplies, suitable for human consumption.
If the ambient concentration of any water contaminant in the
	 groundwater is in conformance with the standards in §
									74:54:01:04, degradation of the
	 groundwater to the limit of the standards may be permitted as specified in
	 chapter 74:54:02 to accommodate necessary economic or social development upon
	 approval of a water quality variance permit.
No water quality standards may be violated or designated beneficial
	 uses be impaired by the granting of a water quality variance permit allowing
	 degradation of groundwater quality. If the groundwater quality does not meet
	 the standards in §
									74:54:01:04 as a result of natural
	 causes or conditions, no degradation of the groundwater beyond the ambient
	 concentration may be allowed.
General Authority:
SDCL
		34A-2-11.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:01 - Groundwater quality standards › Section 74:54:01:05 - Potential toxic pollutants

Current through Register Vol. 51, page 10, July 15, 2024
Groundwater shall not contain potential toxic pollutants. Potential
	 toxic pollutants, other than those listed in Table 1 and Table 2 of §
									74:54:01:04, must be nondetectable
	 in groundwater at detection limits of the currently acceptable sampling and
	 analytical techniques as approved by the secretary in §
									74:54:01:06 until a maximum
	 contaminant level (MCL) or health advisory level is set by the
	 EPA.
General Authority:
SDCL
		34A-2-11.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11,
		34A-2-22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:01 - Groundwater quality standards › Section 74:54:01:06 - Sampling and analytical techniques

Current through Register Vol. 51, page 10, July 15, 2024
Sampling and analytical techniques and quality assurance plans must
	 conform with the following references unless otherwise specified by the
	 secretary:
(1)
Standard Methods
  for the Examination of Water and Wastewater
,
  20th Edition, 1998;
(2)
Methods and Guidance for the
  Analysis of Water, Version 2
, June 1999;
(3)
Techniques of Water Resource
  Investigation of the U.
S. Geological Survey
,
  (1982);
(4) The sampling and
  analytical requirements published in 67 FR 65896 - 65901 (October 29, 2002), 68
  FR 14505 - 14507 (March 25, 2003), 67 FR 65246 - 65250 (October 23, 2002),
  (references to be codified at 40 C.F.R. Parts 141; National Primary Drinking
  Water Regulations) and 52 FR 25947 (July 9, 1987) and 62 FR 32462 (June 13,
  1997), (to be codified at 40 C.F.R. Parts 264, Appendix IX);
(5) "National Field Manual for the Collection
  of Water-Quality Data", book 9, chaps. A1-A9 October 1997 to April
  2004.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
Standard Methods for the Examination of Water and
		Wastewater
, 20th Edition, 1998, ISBN:
		0-87553-235 -7, 1220 pages, is prepared and published jointly by the American
		Public Health Association, the American Water Works Association, and the Water
		Environment Federation. Copies may be obtained from the American Public Health
		Association, Publications Sales, P.O. Box 753, Waldorf, Maryland, 20604-0753.
		The cost is $200.
Methods and Guidance for the Analysis of Water, Version
		2
, June 1999, Item No. PB99-500209. Copies are available on CD-ROM from
		the National Technical Information Service (NTIS), 5285 Port Royal Road,
		Springfield, Virginia 22161. 703-605-6000. The cost is $85.
Techniques of Water Resource Investigation of the U.S.
		Geological Survey
, (1982), Book 5, Chapter A3. Copies are available from
		the Superintendent of Documents, U.S. Government Printing Office, Washington,
		D.C. 20402-9325. The cost is $3.75.
U.S. Geological Survey, National Field Manual for the Collection of
		Water-Quality data: U.S. Geological Survey Techniques of Water-Resources
		Investigations, book 9, chaps. A1-A9, Chapter A1 (September 1998), Chapter A2
		Version 2.0 (March 2003), Chapter A3 Version 1.2 (March 2003), Chapter A4
		(September 1999), Chapter A5 (March 2004), Chapter A6.0 Version 1.1 (July
		2003), Chapter A6.1 Version 1.2 (April 2004), Chapter A6.2 & A6.3 (April
		1998), Chapter A6.4 (July 2003), Chapter A6.5 Version 1.1 (April 1998), Chapter
		A6.6 2nd Edition (September 2001), Chapter A6.7
		(April 1998), Chapter A7 3rd Edition (November
		2003), Chapter A8 & A9 (October 1997). Copies of the document are available
		online at:
http://pubs.water.usgs.gov/twri9A
.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:02 - Applicant for groundwater discharge plan

Current through Register Vol. 51, page 10, July 15, 2024
The owner and operator of a new discharge facility that is not exempted
	 by §
									74:54:02:04 and facilities that
	 discharges waste or pollutants that may move directly or indirectly into
	 groundwater, including land application of wastes, waste storage pits, waste
	 storage piles, landfills and dumps, feedlots, mining and milling operations,
	 and concentrated animal feeding operations as described in SDCL
	 34A-3A-24, must apply to the
	 secretary for an approved groundwater discharge plan at least 180 days before
	 any discharge. The owner and operator of a discharge facility that is
	 discharging waste or pollutants before the effective date of these rules or
	 within 120 days after their effective date who is not exempt or excluded by
	 §
									74:54:02:04 must submit an
	 application for a groundwater discharge plan within 60 days after receipt of
	 written notice from the secretary that an approved groundwater discharge plan
	 is required.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-39,
		34A-2-39.1,
		34A-3A-24.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:03 - Accidental leaks and spills or intentional dumping not considered for discharge plans

Current through Register Vol. 51, page 10, July 15, 2024
The board may not approve a groundwater discharge plan that would
	 eliminate the responsibility for a cleanup action to remove pollutants that
	 were discharged from accidental spills and leaks from containment systems such
	 as storage tanks, lined process ponds, and lined evaporation pits or from any
	 intentional dumping of pollutants and that may move directly or indirectly to
	 the groundwater. However, the board may approve a groundwater discharge plan
	 with a water quality variance for an accidental leak or spill if it has been
	 shown by either study or practice that all reasonable other alternatives for
	 groundwater cleanup will not result in further removal of contaminant
	 concentrations from the groundwater.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-21,
		34A-2-22,
		34A-2-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:05 - Separate groundwater discharge plan not required for certain activities

Current through Register Vol. 51, page 10, July 15, 2024
The following do not require a separately approved groundwater
	 discharge plan if the discharge activity is subject to a review by the
	 secretary as described in this chapter for conformance to chapter
	 74:54:01:
(1) Underground injection
  control (UIC) wells permitted under chapter 74:55:02 and Class V UIC wells
  permitted by the EPA;
(2)
  Individual and small on-site wastewater systems in compliance with chapter
  74:53:01; and
(3) Wastewater
  treatment and disposal facilities with plans and specifications approved prior
  to construction by the secretary and which have been issued either a surface
  water discharge permit in accordance with chapter 74:52:01 or an EPA NPDES
  permit. Wastewater treatment and disposal facilities that are designed to
  discharge to groundwater must submit a groundwater discharge plan
  application.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-24,
		34A-2-27,
		34A-2-36.1.
Construction of control facilities, ch
		74:53:03.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:07 - Secretary review

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall review a groundwater discharge plan approval
	 application for completeness. The secretary shall notify the owner and operator
	 within 30 days after receipt of the application that the application is
	 procedurally complete or that the application requires additional information
	 to be procedurally complete. If the application is procedurally incomplete, the
	 secretary shall identify in the notice those items required to complete the
	 application. If the owner and operator resubmits a plan or provides additional
	 information intended to complete a procedurally incomplete plan, the secretary
	 shall notify the owner and operator whether or not the plan or additional
	 information is procedurally complete. This notification shall occur within 30
	 days after each submission.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-32.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:08 - Notice of recommendations - Hearing

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall publish a notice of recommendations in a legal
	 newspaper in the affected county within 120 days after the final determination
	 of the procedural completeness of a groundwater discharge plan by the
	 secretary. The recommendations shall describe the secretary's proposed
	 disposition of the application, including any recommended conditions, and shall
	 allow 30 days in which interested persons may file a petition to initiate a
	 contested case and request a hearing before the board on the application. A
	 petition to initiate a contested case must comply with the requirements of
	 chapter 74:50:02. The board shall allow no change from the operation described
	 in the plan application and approved by the board unless the board's order of
	 approval is modified following notice and hearing. If a petition is not filed,
	 the application for a plan will become final or will be denied in accordance
	 with §
									74:54:02:09 without a
	 hearing.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31,
		34A-2-32,
		34A-2-35,
		34A-2-36.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:09 - Board approval of application for groundwater discharge plan

Current through Register Vol. 51, page 10, July 15, 2024
The board may conditionally approve the groundwater discharge plan
	 application by issuing all applicable permits described in §§
									74:54:02:11 and
	 74:54:02:13 under the following
	 conditions:
(1) The application for a
  groundwater discharge plan is procedurally complete;
(2) The ambient groundwater quality will not
  be degraded or a water quality variance permit can be issued to degrade the
  ambient water quality to the standards of §§
									74:54:01:04 and
  74:54:01:05; and
(3) The implementation of the proposed
  monitoring plan is adequate for compliance monitoring to ensure beneficial uses
  will not be impaired and there will be no hazard to human health.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:10 - Board disapproval of application for groundwater discharge plan

Current through Register Vol. 51, page 10, July 15, 2024
The board may disapprove the groundwater discharge plan application
	 under any one or more of the following conditions:
(1) The application is procedurally
  incomplete;
(2) The ambient
  groundwater quality will be degraded and a water quality variance permit cannot
  be issued to degrade the ambient water quality to the standards of §§
									74:54:01:04 and
  74:54:01:05;
(3) The beneficial uses of groundwater will
  be impaired or there is a hazard to human health from the potential
  discharge;
(4) The application
  describes a discharge resulting from an accidental spill or leak or intentional
  dumping of a pollutant, unless the application is submitted as part of a
  remediation plan and if it has been shown by either study or practice that all
  reasonable other alternatives for groundwater clean-up will not result in
  further removal of contaminant concentrations from the groundwater;
(5) The application describes a discharge
  that will degrade groundwater quality to a level lower than the standards in
  §§
									74:54:01:04 and
  74:54:01:05.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-24,
		34A-2-25,
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:11 - Board issuance of water quality variance permit - Exemptions

Current through Register Vol. 51, page 10, July 15, 2024
As partial approval of a groundwater discharge plan, the board may
	 issue a water quality variance permit to degrade the groundwater in a POP as
	 described in §
									74:54:02:17 upon the applicant's
	 justification of necessary economic or social development. The water quality
	 variance permit must specify the dimensions of the POP and the compliance
	 monitoring point. The water quality variance permit is subject to a biennial
	 review by the secretary.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-24,
		34A-2-25,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:12 - Notice of recommendations for biennial review of water quality variance permit - Hearing

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall publish a notice of recommendations in a legal
	 newspaper in the affected county within 30 days after the biennial review of
	 the water quality variance permit has been completed by the secretary. The
	 recommendations shall describe the secretary's proposed disposition of the
	 water quality variance permit review, including any recommended conditions, and
	 shall allow 30 days in which interested persons may file a petition to initiate
	 a contested case and request a hearing before the board. A petition to initiate
	 a contested case must comply with the requirements of chapter 74:50:02. If a
	 petition is not filed, the water quality variance permit review will become
	 final without a hearing.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-24,
		34A-2-25,
		34A-2-26.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:13 - Board issuance of groundwater discharge facility construction permit

Current through Register Vol. 51, page 10, July 15, 2024
As partial approval of a groundwater discharge plan, the board may
	 issue a groundwater discharge facility construction permit for activities
	 described in SDCL
	 34A-2-27 and
	 34A-3A-24. For new facilities and
	 modifications of existing facilities, the construction permit must specify the
	 sampling and reporting requirements and schedule. The duration of the facility
	 construction permit may not exceed five years.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-27,
		34A-2-31,
		34A-2-32.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:14 - Secretary issuance of groundwater discharge permit

Current through Register Vol. 51, page 10, July 15, 2024
As final approval of a groundwater discharge plan the secretary may
	 issue a groundwater discharge permit for the discharge of any pollutant or
	 combination of pollutants in state waters upon the applicant showing that the
	 discharge meets or will meet all applicable state water quality standards and
	 all other requirements of this chapter. The duration of the permit may not
	 exceed five years. The groundwater discharge permit must specify the permitted
	 allowable limits. For existing facilities, the groundwater discharge permit
	 must also specify sampling and reporting requirements and
	 schedule.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31,
		34A-2-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:15 - Groundwater discharge permit renewal

Current through Register Vol. 51, page 10, July 15, 2024
The owner and operator of a groundwater discharge facility must apply
	 for a groundwater discharge permit renewal at least 180 days before the
	 existing permit expires by submitting in writing to the Department of
	 Environment and Natural Resources the intent to continue the discharge
	 activity, changes to the original application and subsequent renewals, any
	 proposed changes with supporting technical data, and anything else that is
	 necessary to support renewal.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:15.01 - Groundwater discharge facility construction permit renewal

Current through Register Vol. 51, page 10, July 15, 2024
The owner and operator of concentrated animal feeding operations as
	 described in SDCL
	 34A-3A-24 must apply for a
	 groundwater discharge facility construction permit renewal at least 180 days
	 before the existing permit expires by submitting in writing to the Department
	 of Environment and Natural Resources the intent to continue the activity,
	 changes to the original application and subsequent renewals, any proposed
	 changes with supporting technical data, and anything else that is necessary to
	 support renewal.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-36.1,
		34A-3A-24.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:16 - Termination of groundwater discharge plan by board

Current through Register Vol. 51, page 10, July 15, 2024
A groundwater discharge plan approval may be terminated or a renewal
	 denied by the board if one of the following applies:
(1) Noncompliance by the owner and operator
  with any condition of the approved plan;
(2) The owner and operator's failure in the
  application or during the plan approval process to disclose fully all relevant
  facts or the owner and operator's misrepresentation of 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 plan modification or termination;
  or
(4) A change in any condition
  that requires either a temporary or permanent reduction or elimination of any
  discharge controlled by the plan.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:17 - Perimeter of operational pollution (POP)

Current through Register Vol. 51, page 10, July 15, 2024
The board may issue a water quality variance permit for a perimeter of
	 operational pollution (POP) which meets the requirements of this chapter within
	 which groundwater degradation is allowed only if groundwater quality standards
	 of §§
									74:54:01:04 and
	 74:54:01:05 are met at the
	 compliance monitoring point. The maximum aerial extent of the POP must be the
	 shortest distance of the following:
(1) Not more than a one-quarter mile radius
  from the point of application without approval by the board;
(2) Not beyond the property boundaries of the
  permitted facility unless consent from the adjacent landowner(s) is obtained in
  writing and submitted as part of the application;
(3) Not intercepting the radius of influence
  of any beneficial use water supply well.
The board may adjust the POP depending upon the hydrology, type of
	 contaminants, and other factors that may affect the groundwater quality. These
	 zones may allow for natural attenuation of contaminants to environmentally
	 acceptable levels. A POP may not be allowed where existing natural processes
	 may be unable to attenuate contaminants which may pose a risk to human health
	 or the environment and where contaminants may not be contained within the
	 POP.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-24,
		34A-2-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:18 - Ambient water quality determination

Current through Register Vol. 51, page 10, July 15, 2024
The ambient water quality contaminant concentrations shall be
	 determined prior to and specified at the time the groundwater discharge permit
	 is issued provided that no data prior to March 27, 1973, exist.
New facilities submitting applications for groundwater discharge
	 approval after the effective date of these rules shall, at a minimum, collect
	 four groundwater samples from each applicable well within site boundaries over
	 a six-month period with no two samples taken in the same month. The arithmetic
	 mean plus one standard deviation of the sample data shall represent ambient
	 water quality at the time of permit issuance. Thereafter, ambient water quality
	 contaminant concentrations shall be updated to reflect natural fluctuations in
	 concentrations by including applicable up-gradient, on-site groundwater
	 monitoring data for the biennial water quality permit variance review.
Existing facilities discharging before or within 120 days after the
	 effective date of these rules shall collect groundwater samples from applicable
	 up-gradient wells within site boundaries. The arithmetic mean plus one standard
	 deviation of applicable parameters shall represent ambient water quality at the
	 time of permit issuance. Thereafter, ambient water quality contaminant
	 concentrations shall be updated to reflect natural fluctuations by including
	 applicable up-gradient, on-site groundwater monitoring data at the water
	 quality variance biennial permit review.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:19 - Notice of commencement and discontinuance of groundwater discharge operations

Current through Register Vol. 51, page 10, July 15, 2024
This section applies to all discharge operations and to all discharge
	 projects.
The owner and operator shall orally notify the secretary of the
	 groundwater discharge date immediately upon commencement of discharge and
	 submit a written notice within 30 days.
The owner and operator shall orally notify the secretary of the date of
	 discontinuance of groundwater discharge and the reason within 10 days and shall
	 submit a written notice confirming the oral report within 30 days. If a
	 discontinuance is due to a spill, leak, or other accidental release, the
	 secretary must be notified immediately.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:20 - Periodic submission of monitoring reports to secretary

Current through Register Vol. 51, page 10, July 15, 2024
Reports of results obtained pursuant to any monitoring requirements in
	 the discharge plan and the methods used to obtain these results shall be
	 periodically submitted to the secretary according to the schedule specified in
	 the approved groundwater discharge plan. After giving written notice, the
	 secretary may require any facility which possesses a groundwater discharge plan
	 to use a laboratory once a year other than the one it normally uses to perform
	 its required periodic sampling analyses. The analyses performed by the
	 alternative laboratory shall include all of the sample analyses that are
	 performed on routine sampling, whether the sampling is required to be conducted
	 hourly, daily, monthly, quarterly, semiannually, or annually.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:21 - Reporting of mechanical problems or discharge system failures

Current through Register Vol. 51, page 10, July 15, 2024
The operator of a groundwater discharge facility shall immediately
	 notify the secretary of any mechanical or discharge system failures. The
	 secretary shall require a written statement confirming the oral report within
	 30 days.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:22 - Correction of adverse effects required

Current through Register Vol. 51, page 10, July 15, 2024
If monitoring or testing indicates that the permit conditions may be or
	 are being violated by groundwater discharge operations, the owner and operator
	 of the discharge operations shall make corrections to the system immediately to
	 prevent violations of the discharge permit. The owner and operator shall take
	 immediate corrective action to clean up the groundwater. Other corrections or
	 actions may be specified by the board.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:23 - Minor modification of discharge plans

Current through Register Vol. 51, page 10, July 15, 2024
The secretary, with the consent of the owner and operator of the
	 discharge facility, may modify a discharge plan to make corrections or
	 allowances for changes in the permitted activity listed in this section. Such
	 changes may be made without following the procedures set forth in §§
									74:54:02:06 and
	 74:54:02:08. A discharge plan
	 modification not processed as a minor modification under this section must
	 conform with the application and hearing requirements set forth in §§
									74:54:02:06 and
	 74:54:02:08. Minor modifications
	 may only be as follows:
(1) Correction
  of typographical errors and language changes that have no legal or substantial
  effect;
(2) A requirement for more
  frequent monitoring or reporting by the groundwater discharge
  facility;
(3) A change in ownership
  or operational control of a facility if the secretary determines that no other
  change in the permit is necessary, provided a written agreement containing a
  specific date for transfer of responsibility for the discharge plan, coverage,
  and liability between the current and new owner and operator has been submitted
  to the secretary pursuant to §
									74:54:02:24;
(4) The board, through permit conditions, may
  authorize the department to approve technical revisions to a groundwater
  discharge facility without the requirement of a permit modification or renewal.
  Such technical revisions include the following:
(a) Monitoring plans or parameters;
(b) Plans and specifications for permitted
  facilities;
(c) Reasonable changes
  to the quality of discharged waste;
(d) Reasonable changes in volume of
  discharged waste;
(e) Quality
  control and quality assurance plans;
(f) Any other changes that will not result in
  the degradation of the groundwater above the South Dakota Water Quality
  Standards.
Technical revisions must be submitted to the department in writing. The
	 department shall either approve, disapprove, conditionally approve, or request
	 additional information within 30 days after receipt.
The applicant or an interested person may appeal the decision of the
	 department to the board by petitioning for a contested case hearing pursuant to
	 chapter 74:50:02.
All technical revisions authorized by the department shall be recorded
	 on a list which is kept updated and which is readily available for public
	 inspection. A copy of the list shall be provided to anyone upon
	 request.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:24 - Transfer of groundwater discharge plan

Current through Register Vol. 51, page 10, July 15, 2024
If production levels, products produced, rates of discharge, and
	 wastewater characteristics will remain unchanged, groundwater discharge plan
	 may be automatically transferred to a new owner and operator of a groundwater
	 discharge facility. The current owner and operator must submit the following
	 information to the secretary in writing by certified mail at least 90 days
	 before the proposed transfer date:
(1)
  The name and address of the current facility;
(2) The name and address of the new
  owners;
(3) The discharge permit
  number;
(4) The names of the new
  principal persons responsible for the discharge plan; and
(5) A notarized statement signed by the new
  principal officer stating that the principal officer has read the discharge
  plan and will abide by all the conditions of the discharge plan and that the
  production levels, rates of discharge, and wastewater characteristics will
  remain unchanged. If any discharge occurs without approval by the secretary of
  the transfer of the discharge plan, the discharge plan is subject to
  termination as outlined in §
									74:54:02:16.
The current owner and operator of the discharge facility must include
	 in the notice of proposed transfer a written agreement between the current and
	 the new owner and operator which includes a specific date for transfer of
	 responsibility for the discharge plan, its coverage, and the liability between
	 the parties.
If there will be a change in production levels, products produced,
	 rates of discharge, or wastewater characteristics, a transfer of the discharge
	 plan is not permitted. The new owner and operator shall submit an application
	 for an approved groundwater discharge plan pursuant to this chapter upon
	 purchase of the facility.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:25 - Report of spills, leaks, and accidental releases to secretary

Current through Register Vol. 51, page 10, July 15, 2024
Any spill, leak, or accidental release which threatens waters of the
	 state must be immediately reported to the secretary by the discharger. The
	 discharger, to prevent pollution of waters of the state and limit the area of
	 impact, must take immediate action to remove and appropriately dispose of any
	 contaminated soil or other materials. Soils contaminated with chemicals must be
	 excavated and disposed of in a sanitary landfill permitted under article 74:27
	 or disposed of in an alternate manner approved by the secretary. Land
	 application disposal of contaminated water and soil may not exceed the
	 manufacturer's recommended application rate, if available, for the appropriate
	 crop, soil, and climate. Excavation must continue until the in-place material
	 is below the applicable land application rate. Additional removal of
	 contaminated soil may be required if there is a potential discharge to
	 groundwater that would violate groundwater quality standards of chapter
	 74:54:01. The discharger must develop and submit a cleanup and remedial action
	 plan within 30 days that includes a compliance schedule.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:26 - Determination of probable out-of-compliance status

Current through Register Vol. 51, page 10, July 15, 2024
Determination of probable out-of-compliance status shall be based on
	 the sample value for any one groundwater contaminant that exceeds the permitted
	 allowable limit, within the established laboratory quality assurance, in any
	 one sample from the compliance monitoring point.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-49.