South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:03 - Permit conditions › Section 74:52:03:13 - Additional permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the conditions required under §§
									74:52:03:01 to
	 74:52:03:12, inclusive, in all
	 permits, the secretary shall establish conditions case-by-case to provide for
	 and assure compliance with all applicable requirements of the CWA and state
	 laws and rules. These conditions shall include the following when
	 applicable:
(1) Technology-based
  effluent limitations and standards based on effluent limitations and standards
  promulgated under § 301 of the CWA or new source performance standards
  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, prompt modification
  or revocation of a permit by the secretary to incorporate an applicable
  effluent standard or limitation 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 limitation is more stringent than
  any effluent limitation in the permit or controls a pollutant not limited in
  the permit;
(3) Other effluent
  limitations and standards in §§ 301, 302, 303, 307, 318, and 405 of
  the CWA. If an applicable toxic effluent standard or prohibition, including any
  schedule of compliance specified in the effluent standard or prohibition is
  promulgated under § 307(a) of the CWA for a toxic pollutant is more
  stringent than a limitation on the pollutant in the permit, the secretary shall
  institute proceedings under chapter 74:52:04 to modify or revoke and reissue
  the permit to conform to the toxic effluent standard or prohibition;
(4) Standards for sewage sludge use or
  disposal under § 405(d) of the CWA. If an applicable standard for sewage
  sludge use or disposal is promulgated under § 405(d) of the CWA and that
  standard is more stringent than any limit on the pollutant or practice in the
  permit, the secretary may initiate proceedings under chapter 74:52:04 to modify
  or revoke and reissue the permit to conform to the standard for sewage sludge
  use or disposal;
(5) Any
  requirements in addition to, or more stringent than, promulgated effluent
  limitations, guidelines, or standards under §§ 301, 304, 306, 307,
  318 and 405 of the CWA necessary to do the following:
(a) Achieve water quality standards
  established by chapters 74:51:01, 74:51:02, and 74:51:03;
(b) Attain or maintain a specified water
  quality through water quality-related effluent limits established under §
  302 of the CWA;
(c) Conform to
  applicable water quality requirements in § 401(a)(2) of the CWA when the
  discharge affects a state other than South Dakota;
(d) Incorporate any more stringent
  limitations, treatment standards, standards for sewage sludge use or disposal,
  or schedule of compliance requirements established under federal and state law
  or rules;
(e) Ensure consistency
  with the requirements of a water quality management plan approved by EPA under
  § 208(b) of the CWA; and
(f)
  Incorporate alternative effluent limitations or standards where warranted by
  fundamentally different factors in chapter 74:52:07;