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 74:54:02:04 - Exemptions from groundwater discharge plan

Current through Register Vol. 51, page 10, July 15, 2024
The following do not require an approved groundwater discharge plan
	 under this chapter:
(1) Effluent or
  leachate which has been demonstrated to conform to the groundwater quality
  standards of chapter 74:54:01 and does not contain any potentially toxic
  pollutant as specified in §
									74:54:01:05. To determine
  compliance, the secretary may require samples before the effluent or leachate
  discharges directly or indirectly into groundwater. If the discharge is by
  seepage through natural or altered natural materials, the secretary may take
  samples of the solution before or after seepage. In order to sample solution
  after seepage it may be necessary for the owner and operator to install
  groundwater monitoring wells. If for any reason the secretary does not have
  access to obtain the appropriate samples, this exemption does not
  apply;
(2) Water used for watering
  of lawns, gardens, or shrubs or for irrigation for the revegetation of a
  disturbed land area unless that water is received directly from a land
  application waste disposal system;
(3) Water used for irrigated agriculture,
  except water received from land application waste disposal systems or wastes
  containing any potentially toxic pollutant in concentrations exceeding current
  scientifically based manufacturer's recommendations for the crop, soil, and
  climate;
(4) Application of
  fertilizers, herbicides, insecticides, fungicides, rodenticides, and fumigants
  when used in accordance with current scientifically based manufacturer's
  recommendations for the crop, water, soil, and climate;
(5) Discharge resulting from flood control
  systems, except those whose purpose is to contain potentially toxic
  pollutants;
(6) Leachate which
  results from the direct natural infiltration of precipitation through any area
  of land affected by mining or milling operations, unless the secretary
  determines that the leachate may result in pollution of waters of the
  state;
(7) Leachate which results
  from the direct natural infiltration of precipitation through disturbed
  materials, unless the secretary determines that the leachate may result in
  pollution of waters of the state;
(8) Leachate which results entirely from the
  direct natural infiltration of precipitation through undisturbed
  materials;
(9) Underground
  injection control (UIC) wells permitted under chapters 74:55:01 and 74:10:09,
  and UIC Class II and Class III wells permitted by the EPA; and
(10) Land application of livestock wastes,
  not to be construed as storage of livestock wastes, within expected crop
  nitrogen uptake.
The secretary may require the submission of an application for approval
	 of a groundwater discharge plan for any exempted discharge which the secretary
	 determines may be causing or is likely to cause violations of the groundwater
	 quality standards of chapter 74:54:01.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-24,
		34A-2-27,
		34A-2-36.1.