reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:06 - Public notice - Proposed permit and statement of basis

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall give notice to the public of proposed permits
	 prepared under this chapter and shall make them available for public comment.
	 Each proposed permit shall be accompanied by a statement of basis. The
	 secretary shall give notice of opportunity for a public
	 hearing.
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 74:52:05 - Application process › Section 74:52:05:07 - Contents of statement of basis

Current through Register Vol. 51, page 10, July 15, 2024
A statement of basis shall be prepared for each proposed permit. The
	 statement of basis shall briefly set forth the principal facts and the legal,
	 methodological, and policy questions considered in preparing the proposed
	 permit, including the following when applicable:
(1) A brief description of the type of
  facility or activity which is the subject of the proposed permit;
(2) The type and quantity of wastes, fluids,
  or pollutants which are proposed to be or are being treated, stored, disposed
  of, injected, emitted, or discharged;
(3) A brief summary of the basis for the
  proposed permit conditions, including references to applicable statutory or
  regulatory provisions;
(4) Reasons
  why any requested variances or alternatives to required standards do or do not
  appear justified;
(5) A description
  of the procedures for reaching a final decision on the proposed
  permit;
(6) Any calculations or
  other necessary explanations of the derivation of specific effluent limitations
  and conditions; and
(7) If
  applicable, a sketch or detailed description of the location of the discharge
  described in the application.
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 74:52:05 - Application process › Section 74:52:05:08 - Public notice of permit actions required

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall give public notice that the following actions have
	 occurred:
(1) A permit application has
  been tentatively denied;
(2) A
  statement of basis and proposed permit have been prepared; and
(3) A contested case hearing has been
  scheduled.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:09 - Public notice not required for denial of request for modifications, revocation and reissuance, or termination of a permit

Current through Register Vol. 51, page 10, July 15, 2024
Public notice is not required when a request for permit modification,
	 revocation and reissuance, or termination is denied. Written notice of that
	 denial shall be given to the requester and to the permittee.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:10 - Public notices for more than one action

Current through Register Vol. 51, page 10, July 15, 2024
Public notices may describe more than one permit or permit
	 action.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:11 - At least 30 days allowed for public comment on the preparation of a proposed permit

Current through Register Vol. 51, page 10, July 15, 2024
Public notice of the preparation of a proposed permit, including a
	 notice of intent to deny a permit application, shall allow at least 30 days for
	 public comment.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:12 - At least 30 days public notice required for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
Public notice of a contested case hearing must be given at least 30
	 days before the hearing. Public notice of the hearing may be given at the same
	 time as public notice of the proposed permit, and the two notices may be
	 combined.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:13 - Methods of public notice

Current through Register Vol. 51, page 10, July 15, 2024
Public notice of activities described in this chapter shall be given by
	 the following methods:
(1) By mailing
  a copy of a notice to the following persons (a person otherwise entitled to
  receive notice under this subdivision may waive the right to receive notice for
  any categories of permits):
(a) The
  applicant;
(b) Federal and state
  agencies with jurisdiction over fish, shellfish, and wildlife resources, state
  historic preservation officers, and other appropriate government authorities,
  including affected states;
(c) Any
  state agency responsible for plan development under § 208(b)(2),
  208(b)(4), or 303(e) of the CWA and the U. S. Army Corps of Engineers, the U.
  S. Fish and Wildlife Service;
(d)
  Any user identified in the permit application of a privately owned treatment
  works;
(e) Persons on a mailing
  list developed by the department including those who request in writing to be
  on the list;
(f) Any unit of local
  government having jurisdiction over the area where the facility is proposed to
  be located;
(g) Each state agency
  having any authority under state law over the construction or operation of such
  facility; and
(h) Any agency which
  the secretary knows has issued or is required to issue a RCRA, UIC, PSD, NPDES,
  404, or sludge management permit for the same facility;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:14 - Contents of public notice for proposed permit

Current through Register Vol. 51, page 10, July 15, 2024
A public notice for a proposed permit shall contain the following
	 information:
(1) Name and address of
  the office processing the permit action for which notice is being
  given;
(2) Name and address of the
  permittee or permit applicant and, if different, of the facility or activity
  regulated by the permit, except in the case of SWD proposed general
  permits;
(3) A brief description of
  the business conducted at the facility or activity described in the permit
  application or the proposed SWD general permit when there is no
  application;
(4) Name, address, and
  telephone number of a person from whom interested persons may obtain further
  information, including copies of the proposed permit or proposed general
  permit, the statement of basis, and the application;
(5) A brief description of the contested case
  procedures required by chapter 74:50:02 and the time and place of any hearing
  that will be held, including a statement of procedures to request a hearing and
  other procedures by which the public may participate in the final permit
  decision; and
(6) A general
  description of the location of each existing or proposed discharge point and
  the name of the receiving water. For proposed general permits, this requirement
  is satisfied by a map or a description of the permit area.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:15 - Public comments - Request for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
During the public comment period, any interested person may submit
	 written comments on the proposed permit and may request a contested case
	 hearing in accordance with chapter 74:50:02. A request for a contested case
	 hearing must be in writing and must be prepared and filed in accordance with
	 §
									74:50:02:02. All comments must be
	 considered in making the final decision and must be answered as provided in
	 §
									74:52:05:20.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:16 - Obligation to raise issues and provide information during the public comment period

Current through Register Vol. 51, page 10, July 15, 2024
If a person, including applicants, believes that any condition of the
	 proposed permit is inappropriate or that the secretary's tentative decision to
	 deny an application, terminate a permit, or prepare a proposed permit is
	 inappropriate, that person must raise all reasonably ascertainable issues and
	 submit all reasonably available arguments, factual grounds, and supporting
	 materials not already available in the administrative record, by the close of
	 the public comment period, including any public hearing under chapter 74:50:02.
	 Supporting materials must be included in full and may not be incorporated by
	 reference unless they are already part of the administrative records in the
	 same proceeding or consist of state and federal statutes and regulations, EPA
	 or the department's documents of general applicability, or other generally
	 available reference materials.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:17 - Contents of public notices for hearings

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the general public notice described in §
									74:52:05:14, the public notice of
	 a hearing shall contain the following information:
(1) Reference to the date of previous public
  notices relating to the permit;
(2)
  Date, time, and place of the hearing; and
(3) A brief description of the nature and
  purpose of the hearing, including the applicable rules and
  procedures.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:18 - Issuance of final decision - Notice to interested persons

Current through Register Vol. 51, page 10, July 15, 2024
After the close of the public comment period on a proposed permit, a
	 final permit decision shall be issued by the secretary.
The secretary shall notify the applicant and each person who has
	 submitted written comments or requested notice of the final permit decision.
	 The notice shall include reference to the procedures for contesting the
	 decision. For the purpose of this section, the final permit decision means a
	 final decision to issue, deny, modify, revoke and reissue, or terminate a
	 permit.
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 74:52:05 - Application process › Section 74:52:05:19 - Effective date of permit

Current through Register Vol. 51, page 10, July 15, 2024
The final permit decision is effective 30 days after the service of
	 notice of the decision except under the following circumstances:
(1) A later effective date is specified in
  the decision;
(2) A hearing is
  requested under §
									74:52:05:15; or
(3) No comments or requests for changes in
  the proposed permit were received during the public notice period, in which
  case the permit is effective upon receipt by the applicant of the final permit
  decision.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:05 - Application process › Section 74:52:05:20 - Response to comments

Current through Register Vol. 51, page 10, July 15, 2024
At the time that any final permit is issued, the secretary shall issue
	 a response to all written comments received during the period of public
	 notice.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:06 - Secondary treatment standards › Section 74:52:06:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The following definitions are applicable to secondary treatment
	 standards:
(1) "Seven-day average,"
  the arithmetic mean of pollutant parameter values of samples collected in a
  period of seven consecutive days;
(2) "30-day average," the arithmetic mean of
  pollutant parameter values of samples collected in a period of 30 consecutive
  days;
(3)
  "BOD5," the five-day measure of the pollutant parameter
  biochemical oxygen demand;
(4)
  "CBOD5," the five-day measure of the pollutant parameter
  carbonaceous biochemical oxygen demand;
(5) "Effluent concentrations consistently
  achievable through proper operation and maintenance," for a given pollutant
  parameter, the 95th percentile value for the 30-day average effluent quality
  achieved by a treatment works in a period of at least two years, excluding
  values attributable to upsets, bypasses, operational errors, or other unusual
  conditions, and a seven-day average value equal to 1.5 times this
  value;
(6) "mg/L," milligrams per
  liter;
(7) "Percent removal," a
  percentage expression of the removal efficiency across a treatment plant for a
  given pollutant parameter, as determined from the 30-day average values of the
  raw wastewater influent pollutant concentrations to the facility and the 30-day
  average values of the effluent pollutant concentrations;
(8) "TSS," total suspended solids;
  and
(9) "Significantly more
  stringent limitations," BOD5 and TSS limitations
  necessary to meet the percent removal requirements of at least five mg/L more
  stringent than the otherwise applicable concentration-based
  limitations.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:06 - Secondary treatment standards › Section 74:52:06:02 - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
This chapter provides regulations on the level of effluent quality
	 which must be attained by a POTW through the application of secondary or
	 equivalent treatment.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:06 - Secondary treatment standards › Section 74:52:06:03 - Secondary treatment

Current through Register Vol. 51, page 10, July 15, 2024
The following limitations describe the minimum level of effluent
	 quality attainable by secondary treatment:
(1) The BOD5 30-day
  average shall not exceed 30 mg/L, the BOD5 seven-day
  average shall not exceed 45 mg/L, and the BOD5 30-day
  average percent removal shall not be less than 85 percent;
(2) At the option of the permitting
  authority, in lieu of the parameter BOD5 at the levels
  of the effluent quality specified in subdivision (1) of this section, the
  parameter CBOD5 may be substituted provided that the
  following conditions are met:
(a) The
  CBOD5 30-day average shall not exceed 25 mg/L;
(b) The CBOD5
  seven-day average shall not exceed 40 mg/L; and
(c) The CBOD5 30-day
  average percent removal shall not be less than 85 percent;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:06 - Secondary treatment standards › Section 74:52:06:04 - Special considerations

Current through Register Vol. 51, page 10, July 15, 2024
The following special considerations apply to the secondary treatment
	 requirements:
(1) The POTWs subject to
  this chapter may not be capable of meeting the percentage removal requirements
  established under §
									74:52:06:03 during wet weather
  where the treatment works receive flows from combined sewers which are designed
  to transport both storm water and sanitary sewage. For such treatment works,
  the decision must be made on a case-by-case basis as to whether any attainable
  percentage removal level can be defined, and if so, what the level should
  be;
(2) The secretary, subject to
  EPA approval, may adjust the minimum levels of effluent quality required for
  POTWs in subdivision 74:52:06:03(3) to conform to the TSS concentrations
  achievable with waste stabilization ponds if the following conditions are met:
(a) Waste stabilization ponds are the
  principal process used for secondary treatment;
(b) Operation and maintenance data indicate
  that the TSS values specified in subdivision
  74:52:06:03 (3) cannot be
  achieved;
(c) The effluent quality
  for TSS does not exceed 110 mg/L for 30-day average and 165 mg/L for 7-day
  average; and
(d) The POTW is
  achieving levels of effluent quality required for BOD5
  specified in §
										74:52:06:03;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:06 - Secondary treatment standards › Section 74:52:06:05 - Sampling and test procedures

Current through Register Vol. 51, page 10, July 15, 2024
Sampling and test procedures for pollutants listed in this chapter
	 must be in accordance with guidelines in 40 C.F.R. Part 136 as it existed on
	 July 1, 2016. Chemical oxygen demand (COD) or total organic carbon (TOC) may be
	 substituted for BOD5 when a long-term
	 BOD5:COD or BOD:TOC correlation has been
	 demonstrated.
General Authority:
SDCL
		34A-2-13,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:07 - Criteria and standards for permits › Section 74:52:07:01 - Criteria and standards for surface water discharge permits

Current through Register Vol. 51, page 10, July 15, 2024
The criteria and standards for surface water discharge permits are
	 those in 40 C.F.R. Part 125, Subparts A, B, C, D, H, I, J, K, and L (July 1,
	 2016).
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:08 - Toxic pollutant effluent standards for permits › Section 74:52:08:01 - Toxic pollutant effluent standards for surface water discharge permits

Current through Register Vol. 51, page 10, July 15, 2024
The toxic pollutant effluent standards for surface water discharge
	 permits are those in 40 C.F.R. Part 129 (July 1, 2016).
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:09 - Sewage sludge standards › Section 74:52:09:01 - Standards for use or disposal of sewage sludge for surface water discharge permits

Current through Register Vol. 51, page 10, July 15, 2024
The standards for the use or disposal of sewage sludge for surface
	 water discharge permits are those in 40 C.F.R. Part 503 (July 1,
	 2016).
General Authority:
SDCL
		34A-2-20,
		34A-2-93,
		34A-2-123.
Law Implemented:
SDCL
		34A-2-20,
		34A-2-123.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:10 - Effluent guidelines and standards for permits and pretreatment industrial users › Section 74:52:10:01 - Effluent guidelines and standards for surface water discharge permits and pretreatment industrial users

Current through Register Vol. 51, page 10, July 15, 2024
The effluent guidelines and standards for surface water discharge
	 permits and pretreatment industrial users are those in 40 C.F.R. Subchapter N
	 (July 1, 2016) with the following substitutions:
(1) Substitute "surface water discharge
  permit" for "NPDES permit";
(2)
  Substitute "secretary" for "director" or "state director"; and
(3) Substitue "U.S." or "United States" for
  "State of South Dakota".
General Authority:
SDCL
		34A-2-13,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:11 - Pretreatment regulations › Section 74:52:11:01 - Pretreatment regulations

Current through Register Vol. 51, page 10, July 15, 2024
The South Dakota pretreatment regulations are those in 40 C.F.R. Part
	 403 (July 1, 2016) with the following substitutions:
(1) Substitute "surface water discharge
  permit" for "NPDES permit";
(2)
  Substitute "secretary" for "director";
(3) Substitute "SDCL 34A-2-94" for all
  federal regulation references to "40 C.F.R. 2.302" in
  40 C.F.R. §
										403.14;
(4) Substitute "department" for "EPA" in
  40 C.F.R. §
										403.5(e); and
(5) Substitute "secretary" for "approval
  authority."
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-14,
		34A-2-14,
		34A-2-16,
		34A-2-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:11 - Pretreatment regulations › Section 74:52:11:02 - Right of entry

Current through Register Vol. 51, page 10, July 15, 2024
Upon the presentation of credentials and other legal documents, an
	 industrial user must allow the secretary to do the following:
(1) Enter the industrial user's premises
  where a regulated facility or activity is located or conducted or where records
  must be kept under the conditions of the permit;
(2) Have access to and copy any records
  pertaining to a direct or indirect discharge to waters of the state;
(3) Inspect any facilities; equipment,
  including monitoring and control equipment; practices; or operations regulated
  or required under the permit or pretreatment standards; and
(4) For the purposes of assuring permit
  compliance or as otherwise authorized by the CWA, sample or monitor any
  substances or parameters at any location.
General Authority:
SDCL
		34A-2-15,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-44,
		34A-2-45,
		34A-2-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:11 - Pretreatment regulations › Section 74:52:11:03 - State-run pretreatment programs

Current through Register Vol. 51, page 10, July 15, 2024
Any POTW or combination of POTWs operated by the same authority
	 required to develop a pretreatment program may request the secretary to assume
	 POTW pretreatment program requirements as set forth at
	 40 C.F.R. §
										403.10(e) July 1,
	 2016).
POTWs that have already been required to develop a pretreatment program
	 at the time the state is delegated pretreatment program authority, have 30 days
	 from notification of state approval to make this request of the
	 secretary.
POTWs that are required to develop a pretreatment program after the
	 state is delegated pretreatment program authority, have 30 days from
	 notification to develop a local program to make this request of the
	 secretary.
POTWs that have been required to develop a pretreatment program must
	 submit written notification either stating their intention to continue with
	 their local responsibilities or requesting the secretary to assume the
	 responsibilities along with the surface water discharge permit application
	 requirements in chapter 74:52:02.
Upon notification, the secretary and the POTW have 45 days to develop a
	 joint powers agreement which specifically sets forth each party's role. The
	 secretary must provide 30 days for public notice prior to signing the
	 agreement. If an agreement cannot be reached, the POTW pretreatment program
	 requirements remain with the POTW.
General Authority:
SDCL
		34A-2-14.
Law Implemented:
SDCL
		34A-2-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:11 - Pretreatment regulations › Section 74:52:11:04 - Permit applicability

Current through Register Vol. 51, page 10, July 15, 2024
The conditions established in §§
									74:52:11:01 to
	 74:52:11:15, inclusive, are
	 applicable to all PIU permits. A significant industrial user who discharges or
	 proposes to discharge to a POTW and who does not have an effective PIU permit
	 must submit a complete, signed application for a PIU permit to the secretary.
	 Permit applications must contain the information located in
	 40 C.F.R.
	 403.12(b) as it existed on
	 July 1, 2016, and must use application forms provided by the secretary.
	 Significant industrial users covered by an approved POTW pretreatment program
	 are exempt from the requirements of this section.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-14,
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:11 - Pretreatment regulations › Section 74:52:11:05 - Procedures for processing PIU permits

Current through Register Vol. 51, page 10, July 15, 2024
Procedures for processing PIU permits are the same as those for
	 processing surface water discharge permits in chapters 74:52:04 and
	 74:52:05.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-14,
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:11 - Pretreatment regulations › Section 74:52:11:06 - Time to apply for new facilities

Current through Register Vol. 51, page 10, July 15, 2024
A significant industrial user proposing a discharge to a POTW shall
	 submit an application for a PIU 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.
Law Implemented:
SDCL
		34A-2-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:11 - Pretreatment regulations › Section 74:52:11:07 - PIU permit renewals

Current through Register Vol. 51, page 10, July 15, 2024
A PIU permittee must reapply for a permit at least 180 days before the
	 existing permit expires.
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 74:52:11 - Pretreatment regulations › Section 74:52:11:08 - Continuation of expired 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 complete and
	 timely application for a new permit under §
									74:52:11:07 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. Permits continued
	 under this section remain fully effective and enforceable until the effective
	 date of a new 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 that has been continued;
(2) Issue a notice of intent to deny the new
  permit under §
									74:52:05:18;
(3) Issue a new permit under §
									74:52:04:03 with appropriate
  conditions; or
(4) Take other
  action authorized by the PIU permit regulations in §
									74:52:11:01.
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 74:52:11 - Pretreatment regulations › Section 74:52:11:09 - Review of applications

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may not begin processing as PIU permit before receiving a
	 complete application. A permit application is complete when the secretary
	 receives a signed application form with supplemental information which is
	 completed to the secretary's satisfaction.
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 74:52:11 - Pretreatment regulations › Section 74:52:11:10 - Information requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for PIU permit must provide the information specified at
	 40 C.F.R §
										403.12(b) (July 1, 2016) to
	 the secretary, using the application form provided by the
	 secretary.
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 74:52:11 - Pretreatment regulations › Section 74:52:11:11 - 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 section is 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 may 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 74:52:11 - Pretreatment regulations › Section 74:52:11:12 - Signatory requirements for reports

Current through Register Vol. 51, page 10, July 15, 2024
Each report required by a permit and other information requested by
	 the secretary must be signed by a person described in
	 40 C.F.R. §
										403.12 (July 1, 2016). A person is a duly
	 authorized representative only under the following circumstances:
(1) The authorization is made in writing by a
  person described in 40
  C.F.R. §
										403.12(m)
  (July 1, 2016);
(2) The
  authorization specified 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, or superintendent, 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 74:52:11 - Pretreatment regulations › Section 74:52:11:13 - Changes to signatory authorization

Current through Register Vol. 51, page 10, July 15, 2024
If an authorization under §
									74:52:11:12 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
	 §
									74:52:11:12 must be submitted to
	 the secretary prior to or together with any reports, information, or
	 applications required 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 74:52:11 - Pretreatment regulations › Section 74:52:11:14 - Certification

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 74:52:11 - Pretreatment regulations › Section 74:52:11:15 - PIU permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
PIU permit conditions are the same as those in chapter 74:52:03 for
	 surface water discharge permits. Additional conditions for PIU permits are
	 contained in §
									74:52:11:16.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-14,
		34A-2-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:11 - Pretreatment regulations › Section 74:52:11:16 - Additional permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the conditions required by §
									74:52:11:15, the secretary shall
	 establish PIU permit conditions as required case by case to provide for and
	 assure compliance with all applicable requirements of the CWA and state and
	 local laws and rules. These shall include the following conditions as
	 applicable:
(1) Technology-based
  effluent limits and standards based on effluent limits and standards
  promulgated under § 301 of the CWA or pretreatment standards for new
  sources promulgated under § 306 of the CWA, on case-by-case limitations
  determined under § 402(a)(1) of the CWA, or on a combination of the
  two;
(2) For any discharger within
  a primary industry category as listed in §
									74:52:02:39, the secretary shall
  promptly modify or revoke and reissue a permit to incorporate an applicable
  effluent standard or limit under §§ 301(b)(2)(C) and (D), 304(b)(2),
  and 307(a)(2) of the CWA which is promulgated or approved after the permit is
  issued if that effluent standard or limit is more stringent than any effluent
  limit in the permit or controls a pollutant not limited in the
  permit;
(3) Incorporate effluent
  limits and standards to satisfy local limits;
(4) Incorporate a list of pollutants for
  which the permittee must report violations of maximum daily discharge limits
  within 24 hours. This list shall include any toxic pollutant or hazardous
  substance or any pollutant specifically identified as the method to control a
  toxic pollutant or hazardous substance;
(5) Incorporate durations for permits, as set
  forth in §
									74:52:03:21;
(6) Incorporate monitoring requirements in
  addition to §
									74:52:03:26, as follows:
(a) To assure compliance with permit limits,
  measurements, and test procedures as follows:
(i) The mass, or any other measurement
  specified in the permit for each pollutant limited in the permit;
(ii) The volume of effluent discharged from
  each outfall;
(iii) Other
  measurements as applicable, including pollutants in internal waste streams
  under §
											74:52:03:20; frequency and rate of
  discharge for noncontinuous discharges under §
											74:52:03:18; and pollutants
  subject to notification requirements under §
											74:52:03:11; and
(iv) According to test procedures approved
  under 40 C.F.R. Part 136 (July 1, 2016), for the analyses of pollutants having
  approved methods under that part and according to a test procedure specified in
  the permit for pollutants with no approved methods;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:12 - Industrial stormwater fees › Section 74:52:12:02 - Sector J annual fees

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a sector J industrial site that is required
	 to operate under a general water pollution control permit for stormwater
	 discharges associated with industrial activities shall pay an annual fee. The
	 annual fee shall be as follows based on the unreclaimed acreage reported under
	 SDCL 45-6-72 as of December 31 of each
	 year:
(1) $100 for sites with less
  than 1.0 acre unreclaimed;
(2) $200
  for sites with 1.0 acre to less than 20.0 acres unreclaimed;
(3) $400 for sites with 20.0 acres to less
  than 40.0 acres unreclaimed;
(4)
  $600 for sites with 40.0 acres to less than 80 acres unreclaimed; and
(5) $800 for sites with 80 acres or more
  unreclaimed.
General Authority:
SDCL
		34A-2-119.1.
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 74:52:12 - Industrial stormwater fees › Section 74:52:12:03 - Other industrial sectors fees

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of an industrial site that is required to
	 operate under a general water pollution control permit for stormwater
	 discharges associated with industrial activities, except sector J sites, shall
	 pay an annual fee as follows:
(1) $100
  for sectors B, P, Q, R, T, U, V, W, and X;
(2) $200 for sectors C, F, O, S, Y, Z, AA,
  AB, AC, and AD;
(3) $400 for
  sectors A, D, E, M, and N;
(4) $600
  for sectors K and L; and
(5) $800
  for sectors G, H, and I.
General Authority:
SDCL
		34A-2-119.1.
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 74:52:12 - Industrial stormwater fees › Section 74:52:12:04 - Annual fee due date

Current through Register Vol. 51, page 10, July 15, 2024
The annual fee for coverage under a general water pollution control
	 permit for stormwater discharges associated with industrial activities accrues
	 on January 1 of each year and is due on January 31 of that year, beginning
	 January 31, 2022. The annual fee will accrue each year until the permit
	 coverage is terminated by the secretary.
General Authority:
SDCL
		34A-2-119.1.
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 74:52:12 - Industrial stormwater fees › Section 74:52:12:05 - Maximum annual fee

Current through Register Vol. 51, page 10, July 15, 2024
The maximum annual fee for an owner with multiple sites covered under
	 a general water pollution control permit for stormwater discharges associated
	 with industrial activities shall not exceed $2,500 per year.
General Authority:
SDCL
		34A-2-119.1.
Law Implemented:
SDCL
		34A-2-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:01 - Individual and small on-site wastewater systems › Section 74:53:01:02 - Compliance with wastewater system requirements

Current through Register Vol. 51, page 10, July 15, 2024
No person may install, construct, or operate a wastewater treatment or
	 dispersal system or any other system for the treatment or disposal of human
	 excreta which does not meet the requirements of this chapter.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-20,
		34A-2-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:01 - Individual and small on-site wastewater systems › Section 74:53:01:03 - Review of plans and specifications prior to construction

Current through Register Vol. 51, page 10, July 15, 2024
Plans and specifications for all installations which receive human
	 excreta, other than a conventional individual on-site wastewater system, must
	 be submitted to the secretary for review and approval prior to construction.
	 Installation and operation of these systems shall be in accordance with the
	 approved plans and specifications. A conventional individual on-site wastewater
	 system may be designed and installed in accordance with this chapter without
	 submission of project plans and specifications to the secretary for review and
	 approval. Where deviation from this chapter is desired by the owner, the
	 proposed deviation shall be submitted to the secretary for review and approval
	 in accordance with chapter 74:53:03 along with plans, specifications, and
	 supporting information prepared by a registered professional engineer or
	 licensed plumber.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-20,
		34A-2-29.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:01 - Individual and small on-site wastewater systems › Section 74:53:01:04 - Existing systems not affected by this chapter - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
On-site wastewater systems existing prior to February 28, 1975, are not
	 subject to this chapter unless the systems are changed, the systems cause the
	 groundwater to become polluted, or the systems are allowing wastewater to
	 surface. Abandoned wastewater systems are not exempt from this chapter and
	 shall be abandoned in accordance with §
									74:53:01:11.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-20,
		34A-2-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:01 - Individual and small on-site wastewater systems › Section 74:53:01:05 - Existing subdivisions and developments exempted from lot size requirements - Proviso

Current through Register Vol. 51, page 10, July 15, 2024
Housing subdivisions and housing developments platted before February
	 28, 1975, are exempt from the lot size requirements of §
									74:53:01:16 provided compliance
	 with other provisions of this chapter can be achieved.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-20,
		34A-2-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:01 - Individual and small on-site wastewater systems › Section 74:53:01:06 - On-site wastewater systems to comply with rules

Current through Register Vol. 51, page 10, July 15, 2024
All on-site wastewater systems designed for the reception and treatment
	 of wastewater from premises including but not limited to homes, trailer courts,
	 commercial establishments, businesses, parks, and institutions where public
	 wastewater collection and treatment systems are not available, constructed
	 after February 28, 1975, shall be constructed, added to, and altered in
	 accordance with this chapter. No on-site wastewater system, regardless of when
	 constructed may cause a violation of any existing water quality standard, cause
	 a health hazard, or fail to meet the requirements of §§
									74:53:01:08 to
	 74:53:01:13,
	 inclusive.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-20,
		34A-2-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:01 - Individual and small on-site wastewater systems › Section 74:53:01:07 - On-site wastewater systems prohibited when public wastewater systems are available

Current through Register Vol. 51, page 10, July 15, 2024
No person may construct, install, or operate an on-site wastewater
	 system where a public wastewater system is available. A public wastewater
	 system is considered available to premises under the following
	 circumstances:
(1) The structure or
  wastewater system is located within the jurisdictional boundaries of a
  municipality or sanitary district;
(2) The sewer collection system of the public
  entity exists within 400 feet of the home, trailer court, commercial
  establishment, business, park, or institution; and
(3) The municipality or sanitary district
  requests to provide service to the premises.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-20,
		34A-2-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:53 - Water supply and treatment systems › Chapter 74:53:01 - Individual and small on-site wastewater systems › Section 74:53:01:08 - Wastewater to receive primary treatment prior to discharge to absorption system

Current through Register Vol. 51, page 10, July 15, 2024
Wastewater shall pass through a septic tank, sedimentation tank, or
	 aerobic system prior to discharge to an absorption system.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-20,
		34A-2-21.