reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:02 - Uses assigned to lakes › Section 74:51:02:64 - Tripp County, uses of certain lakes. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:02 - Uses assigned to lakes › Section 74:51:02:65 - Turner County, uses of certain lakes. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:02 - Uses assigned to lakes › Section 74:51:02:66 - Union County, uses of certain lakes. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:02 - Uses assigned to lakes › Section 74:51:02:67 - Walworth County, uses of certain lakes. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:02 - Uses assigned to lakes › Section 74:51:02:68 - Yankton County, uses of certain lakes. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:02 - Uses assigned to lakes › Section 74:51:02:69 - Ziebach County, uses of certain lakes. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:01 - Beneficial uses of South Dakota streams to include irrigation and fish and wildlife propagation, recreation, and stock watering

Current through Register Vol. 51, page 10, July 15, 2024
All streams in South Dakota are assigned the beneficial uses of
	 irrigation and fish and wildlife propagation, recreation, and stock watering.
	 The classifications only designate the quality at which the waters are to be
	 maintained and protected. Streams listed in this chapter may or may not be open
	 to the public. Access to private property must be obtained from individual
	 landowners.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:02 - Beneficial uses of stream segments indicated by listings

Current through Register Vol. 51, page 10, July 15, 2024
Additional beneficial uses assigned to stream segments listed in
	 §§
									74:51:03:04 to
	 74:51:03:27, inclusive, are
	 indicated by the number of the beneficial use classifications listed below.
	 Unless otherwise indicated, the entire course of a named stream is the segment
	 with the designated use. The beneficial use classifications are as
	 follows:
(1) Domestic water supply
  waters;
(2) Coldwater permanent
  fish life propagation waters;
(3)
  Coldwater marginal fish life propagation waters;
(4) Warmwater permanent fish life propagation
  waters;
(5) Warmwater semipermanent
  fish life propagation waters;
(6)
  Warmwater marginal fish life propagation waters;
(7) Immersion recreation waters;
(8) Limited-contact recreation
  waters;
(9) Fish and wildlife
  propagation, recreation, and stock watering waters;
(10) Irrigation waters; and
(11) Commerce and industry waters.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
Beneficial use of waters established, §
											74:51:01:42; Beneficial uses of
		lakes indicated by listings, §
											74:51:02:03.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:03 - Segment boundaries described

Current through Register Vol. 51, page 10, July 15, 2024
When section, range, and township are used in chapter 74:51:03 to
	 describe the beginning or end point of a stream segment, the boundary of the
	 segment is that point where the most downstream portion of the stream crosses
	 the boundary of that section.
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:04 - Minnesota River's tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments covered by §
									74:51:03:02 include the following
	 tributaries of the Minnesota River:
Water Body
From
To
Beneficial Uses
County
West Fork Lac Qui Parle River, also known as Gary
				  Creek
South Dakota border
S8, T115N, R47W of the fifth principal meridian.
3,8
Deuel
Florida Creek, also known as Cobb Creek
South Dakota border
S19, T115N, R47W
4,8
Deuel
Jorgenson River
Little Minnesota River
S5, T124N, R50
6,8
Roberts
Monighan Creek
South Dakota border
S31, T116N, R48W
3,8
Deuel
Whetstone River
South Dakota-Minnesota border
the confluence of its north and south forks
5,8
Grant
North Fork Whetstone River
Whetstone River
S.D. Highway 15
6,8
Roberts
Substation Creek
North Fork Whetstone River
U.S. Highway 81
3,8
Roberts
South Fork Whetstone River
Whetstone River
S22, T120N, R51W
6,8
Grant
North Fork Yellow Bank River
South Dakota-Minnesota border
S27, T120N, R48W
4,8
Grant
South Fork Yellow Bank River
South Dakota-Minnesota border
S33, T118N, R49W
3,8
Grant
Mud Creek
South Fork Yellow Bank River
S22, T118N, R48W
6,8
Grant
Labolt Lake Creek
South Dakota-Minnesota border
Labolt Lake outlet
5,8
Grant
Little Minnesota River
Big Stone Lake
S15, T128N, R52W
5,8
Roberts
Seiche Hollow Creek
Little Minnesota River
S36, T127N, R53W
3,8
Roberts
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:05 - Missouri River and certain small tributaries' beneficial uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the Missouri River and certain small tributaries
	 covered by §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Missouri River
Iowa Border
Oahe Dam
1,4,7,8,11
Hughes/Stanley
Missouri River
Oahe Dam
North Dakota border
1,2,7,8,11
Campbell\Corson
American Creek
Lake Francis Case
Lake Wanalin
6,8
Brule
American Crow Creek
Lake Francis Case
Interstate 90
6,8
Lyman
Bull Creek
Lake Frances Case
the confluence with the West Branch Bull Creek in S25, T100N,
				R74W
6,8
Tripp
West Branch Bull Creek
Bull Creek the fifth principal meridian
S23, T99N, R74W of
6,8
Tripp
Artichoke Creek
Lake Oahe
S35, T117N, R79W
6,8
Sully
Cedar Creek
Lake Sharpe
S22, T108N, R76W
6,8
Lyman
Chapelle Creek
Lake Sharpe
S36, T111N, R75W
6,8
Hughes
Choteau Creek
Lewis and Clark Lake
S34, T96N, R63W
5,8
Charles Mix
Dante Creek
Choteau Creek
Dante Lake
6,8
Charles Mix
Dry Choteau Creek
Choteau Creek
S.D. Highway 50
6,8
Charles Mix
Crow Creek
Lake Francis Case
S18, T107N, R67W
5,8
Jerauld
Elm Creek
Crow Creek
West Fork Elm Creek
6,8
Buffalo
West Fork Elm Creek
Elm Creek
Stephan Lake
6,8
Hyde
Smith Creek
Crow Creek
Crow Lake
6,8
Jerauld
Emanuel Creek
Lewis and Clark Lake
S20, T94N, R60W
5,8
Bon Homme
Little Cheyenne Creek
Lake Oahe
Lake Hurly
5,8
Potter
Medicine Creek
Lake Sharpe
U.S. Highway 83
6,8
Lyman
Medicine Knoll Creek
Lake Sharpe north and south forks
confluence with its
6,8
Hughes
North Fork Medicine Knoll Creek
confluence with South Fork Medicine Knoll Creek
S7, T114N, R74W
6,8
Sully
South Fork Medicine Knoll Creek
confluence with North Fork Medicine Knoll Creek
S16, T112N, R74W
6,8
Hughes
Oak Creek
Lake Oahe
S20, T21N, R28E
6,8
Corson
Okobojo Creek
Lake Oahe
U.S. Highway 83
6,8
Sully
Pease Creek
Lake Francis Case
Lake Geddes
6,8
Charles Mix
Platte Creek
Lake Francis Case
S21, T100N, R67W
6,8
Charles Mix
Ponca Creek
Nebraska border
U.S. Highway 183
5,8
Tripp
Willow Creek
Ponca Creek
S32, T96N, R70W
5,8
Gregory
Snake Creek (Charles Mix County)
Lake Francis Case
Lake Academy
6,8
Charles Mix
Snake Creek (Corson County)
Lake Oahe
Trail City R.R. Lake
6,8
Corson
Spring Creek
Lake Pocasse
U.S. Highway 83
5,8
Campbell
Spring Creek
U.S. Highway 83
State Highway 271
6,8
Campbell
Swan Creek
Lake Oahe
Rieger Creek
5,8
Walworth
Swan Creek
Rieger Creek
Swan Lake
6,8
Walworth
Rieger Creek
Swan Creek
S18, T122N, R76W
6,8
Walworth
South Fork Whetstone Creek
Lake Francis Case
Coon Creek
5,8
Gregory
General Authority:
SDCL
		34A-2-10,
		34A-2-11,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
Note:
Certain other segments in the Missouri River Basin
		are covered in §§
											74:51:03:06 through
		74:51:03:26,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:06 - Bad River and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the Bad River and certain tributaries covered by
	 §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Bad River
Missouri River
confluence with North and South Forks
6,8
Haakon
Grindstone Creek
Bad River
Lake Waggoner outlet
6,8
Haakon
North Fork Bad River
Bad River
S23, R18E, T2N
6,8
Haakon
South Fork Bad River
the mainstem Bad River
Cottonwood Creek
6,8
Jackson
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:08 - Cheyenne River and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the
Cheyenne River and certain tributaries covered by §
									74:51:03:02 include the
	 tributaries listed in §§
									74:51:03:09 to
	 74:51:03:18, inclusive, and the
	 following:
Water Body
From
To
Beneficial
Uses
County
Cheyenne River
Lake Oahe
confluence with the
Belle Fourche River
4,7,8
Meade
Cheyenne River
confluence with
the Belle Fourche
River
confluence with the
Fall River
5,7,8
Fall River
Cheyenne River
confluence with
the Fall River
Angostura Reservoir
4,7,8
Fall River
Cheyenne River
Angostura
Reservoir
Wyoming border
5,8
Fall River
Bear Creek
Cheyenne River
S26, T3S, R13E of the
Black Hills meridian
6,8
Pennington
Beaver Creek (Custer
and Fall River
Counties)
Cheyenne River
Wyoming border
5,8
Custer
Beaver Creek
Cheyenne River
S.D. Highway 79
4,8
Custer
Beaver Creek
S.D. Highway 79
S13, T5S, R4E
2,8
Custer
Beaver Creek
(Stockade Beaver)
Wyoming border
S5, T1N, R1E
2,8
Pennington
Cascade Creek
Cheyenne River
headwaters
3,7,8
Fall River
Cedar Canyon Creek
Cheyenne River
S23, T8S, R4E
3,8
Fall River
Cherry Creek
Cheyenne River
confluence with
Sulphurand Beaver
Dam Creeks
6,8
Meade
Red Scaffold Creek
Cherry Creek
S24, T12N, R16E
6,8
Meade
Beaver Dam Creek
Cherry Creek
the confluence with the
Middle and West
Branches Beaver Dam
Creek
6,8
Meade
Middle Branch Beaver
Dam Creek
Beaver Dam
Creek
confluence with Beaver
Creek
6,8
Meade
Beaver Creek
Middle Branch
Beaver Dam
Creek
S24, T12N, R13E
6,8
Meade
West Branch Beaver
Dam Creek
Beaver Dam
Creek
S21, T12N, R13E
6,8
Meade
Brushy Creek
Cherry Creek
Unnamed Creek in S2,
T11N, R15E
6,8
Meade
Unnamed Creek
Brushy Creek
S34, T12N, R15E
6,8
Meade
Red Owl Creek
Cherry Creek
confluence with White
Owl Creek
6,8
Meade
Sulphur Creek
Cherry Creek
S18, T11N, R8E
6,8
Butte
South Sulphur Creek
Sulphur Creek
S8, T10N, R10E
6,8
Meade
Pine Creek
Sulphur Creek
S18, T11N, R12E
6,8
Meade
Deep Creek
Cheyenne River
S31, T4N, R17E
6,8
Pennington
Hat Creek
Cheyenne River
Nebraska border
5,8
Fall River
Hell Canyon Creek
Cheyenne River
S21, T8S, R4E
3,8
Fall River
Horsehead Creek
Angostura
Reservoir
S27, T11S, R7E
5,8
Fall River
Beef Creek
Horsehead Creek
S29, T10S, R6E
6,8
Fall River
Highland Creek
Wind Cave
National Park
Boundary
S6, T5S, R6E
2,8
Custer
Mixes Food Creek
Cheyenne River
S24, T4N, R17E
6,8
Pennington
Cedar Breaks Creek
Cheyenne River
S36, T5N, R15E
6,8
Pennington
Plum Creek
Cheyenne River
West Fork Plum Creek
6,8
Haakon
West Fork Plum Creek
Plum Creek
S22, T5N, R21E
6,8
Haakon
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:09 - Battle Creek and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of Battle Creek and certain tributaries covered by
	 §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Battle Creek
Cheyenne River
S.D. Highway 79
6,8
Custer
Battle Creek
S.D. Highway 79
S2, T2S, R5E of the Black Hills meridian
2,8
Pennington
Grace Coolidge Creek
Battle Creek
S12, T3S, R5E
2,8
Custer
Bear Gulch Creek
S.D. Highway 16A
confluence with its north and south forks
3,8
Custer
Galena Creek
Grace Coolidge Creek
S31, T3S, R6E
3,8
Custer
Spokane Creek
Grace Coolidge Creek
S2, T3S, R6E
3,8
Custer
Grizzly Bear Creek
Battle Creek
S24, T2S, R5E
2,8
Pennington
Iron Creek
Grace Coolidge Creek
S33, T2S, R5E
2,8
Custer
Lafferty Gulch Creek and it's unnamed tributary
Battle Creek
Mount Rushmore's wastewater treatment facility
				  discharge
2,8
Pennington
Pine Creek
Battle Creek
S11, T2S, R5E
2,8
Pennington
Tepee Gulch Creek
Battle Creek
S27, T1S, R6E
3,8
Pennington
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:11 - Box Elder Creek and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of Box Elder
Creek and certain tributaries covered by §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial
Uses
County
Box Elder Creek
Cheyenne River
S22, T2N, R8E
6,8
Pennington
Box Elder Creek
S22, T2N, R8E
Haines Avenue
4,8
Meade
Box Elder Creek
Haines Avenue
Interstate 90
2,7,8
Pennington
Box Elder Creek
Interstate 90
S16, T2N, R6E (Custer's Gap)
3,8
Pennington
Box Elder Creek
S16, T2N, R6E
the confluence of its
middle and north forks
at S14, T3N, R4E
2,8
Lawrence
Middle Fork Box
Elder Creek
S14, T3N, R4E
S23, T3N, R3E
2,8
Lawrence
North Fork Box
Elder Creek
S14, T3N, R4E
S11, T3N, R3E
2,8
Lawrence
South Fork Box
Elder Creek
Box Elder Creek
S33, T3N, R4E
2,8
Lawrence
Unnamed tributary
Box Elder Creek
southeast 1/4 of
southeast 1/4 of S18,
T2N, R9E
6,8
Pennington
Unnamed tributary
Box Elder Creek
south 1/2 of southeast 1/4
of S13, T2N, R8E
6,8
Pennington
Bogus Jim Creek
Box Elder Creek
headwaters of its north, middle and south forks at S15, 16 and
				22, T2N, R5E
3,8
Pennington
Corral Creek
Box Elder Creek
S6, T3N, R4E
2,8
Lawrence
Estes Creek
Box Elder Creek
West Fork Estes Creek
3,8
Lawrence
West Fork Estes
Creek
Estes Creek
S6, T2N, R5E
3,8
Lawrence
Hay Creek
Box Elder Creek
S32, T4N, R4E
2,8
Lawrence
Jim Creek
Box Elder Creek
S14, T2N, R4E
2,8
Pennington
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:12 - Elk Creek and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of Elk Creek and certain tributaries covered by §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Elk Creek
Cheyenne River
S9, T3N, R7E
4,8
Meade
Elk Creek
S9, T3N, R7E
S28, T4N, R3E of the Black Hills meridian
2,7,8
Lawrence
Little Elk Creek
Elk Creek
S7, T3N, R6E
3,8
Meade
Little Elk Creek
S7, T3N, R6E
S4, T3N, R5E
2,8
Lawrence
Meadow Creek
Elk Creek
S25, T4N, R4E
3,8
Lawrence\
Mead
Morris Creek
Elk Creek
S22, T4N, R6E
3,8
Meade
Stagebarn Canyon Creek
Elk Creek
headwaters of its north and south forks located at S18 and
				  32, T3N, R6E
3,8
Meade
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:13 - Fall River and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of Fall River and certain tributaries covered by
	 §
									74:51:03:02 include the
	 following:
Fall River
Cheyenne River
S13, T7S, R5E
4,8
Fall River
Fall River
S13, T7S, R5E
Confluence with Cold
Brook and Hot Brooks
Creeks
4,7,8
Fall River
Cold Brook Creek
Fall River
S25, T6S, R5E
1,3,8
Custer
Hot Brook Creek
Fall River
S19, T7S, R5E
1,4,8
Fall River
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:14 - French Creek and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of French Creek and certain tributaries covered by
	 §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
French Creek
Cheyenne River
S.D. Highway 79
6,8
Custer
French Creek
S.D. Highway 79
S23, T3S, R3E of the Black Hills meridian
3,8
Custer
Bismarck Lake Creek
French Creek
S9, T3S, R5E
3,8
Custer
Glen Erin Dam Creek
French Creek
S7, T4S, R5E
3,8
Custer
Laughing Water Creek
French Creek
S34, T2S, R4E
3,8
Custer
Ruby Creek
French Creek
S36, T2S, R3E
3,8
Custer
Sidney Creek
French Creek
confluence with unnamed tributary
3,8
Custer
Unnamed tributary
Sidney Creek
S1, T4S, R4E
3,8
Custer
Willow Creek
French Creek
S36, T2S, R4E
3,8
Custer
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:15 - Lame Johnny Creek and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of Lame Johnny Creek and certain tributaries covered by
	 §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Lame Johnny Creek
Cheyenne River
S.D. Highway 79
5,8
Custer
Lame Johnny Creek
S.D. Highway 79
headwaters of its north fork located at S21, T4S, R6E of the
				  Black Hills meridian
3,8
Custer
South Fork Lame Johnny Creek
its confluence with Lame Johnny Creek
S24, T4S, R5E
3,8
Custer
Flynn Creek
south fork of Lame Johnny Creek
S23, T4S, R5E
3,8
Custer
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:16 - Pleasant Valley Creek and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of Pleasant Valley Creek and certain tributaries
	 covered by §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Red Canyon Creek
Cheyenne River
Pleasant Valley Creek
5,8
Custer
Pleasant Valley Creek
Red Canyon Creek
S24, T4S, R3E of the Black Hills Meridian
5,8
Custer
Four Mile Creek
Pleasant Valley Creek
S5 and 6, T4S, R4E
3,8
Custer
Lightning Creek
Pleasant Valley Creek
S2, T4S, R3E
3,8
Custer
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:18 - Spring Creek and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of Spring Creek and certain tributaries covered by
	 §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Spring Creek
Cheyenne River
S.D. Highway 79
4,8
Pennington
Spring Creek
S.D. Highway 79
Sheridan Lake
3,7,8
Pennington
Spring Creek
Sheridan Lake
S5, T2S, R3E of the Black Hills meridian
2,7,8
Pennington
Bear Gulch Creek
Spring Creek
S26, T2S, R4E
3,8
Custer
Bobcat Gulch Creek
Spring Creek
S34, T1S, R3E
3,8
Pennington
Cabin Springs Creek
Sunday Gulch Creek
headwaters
3,8
Pennington
Horse Creek
Spring Creek
S30, T1N, R5E
3,8
Pennington
Loues Creek
Vanderlehr Creek
S30, T2S, R4E
3,8
Custer
Marshall Gulch Creek
Newton Fork Creek
S6, T1S, R5E
3,8
Pennington
Medicine Mountain Creek
Spring Creek
S10, T2S, R3E
3,8
Pennington
Newton Fork Creek
Spring Creek
S18, T1S, R4E
2,8
Pennington
Medicine Mountain Creek
Spring Creek
S26, T1S, R3E
3,8
Pennington
Palmer Gulch Creek
Spring Creek
S8, T2S, R5E
2,8
Pennington
Reno Gulch Creek
Spring Creek
S28, T1S, R4E
3,8
Pennington
Sunday Gulch Creek
Spring Creek
S18, T2S, R5E
2,8
Pennington
Tenderfoot Creek
Spring Creek
S29, T2S, R4E
2,8
Custer
Vanderlehr Creek
Spring Creek
S24, T2S, R3E
3,8
Pennington
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:19 - Grand River and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the Grand River and certain tributaries covered by
	 §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Grand River
Lake Oahe
West Corson County Line
4,8
Corson
Grand River
West Corson County Line
Shadehill Reservoir
3,8
Perkins
South Fork Grand River
Shadehill Reservoir
Highway 79
5,7,8
Harding
South Fork Grand River
Highway 79
S13, T18N, R3E of the Black Hills meridian
5,8
Harding
North Fork Grand River
Shadehill Reservoir
North Dakota border
6,7,8
Perkins
Big Nasty Creek
South Fork Grand River
S6, T21N, R8E
6,8
Harding
Black Horse Butte Creek
Grand River
confluence with Coal Creek, also known as Darling Creek
6,8
Corson
Bull Creek
South Fork Grand River
S15, T21N, R5E
6,8
Harding
Crooked Creek
North Dakota border
S34, T23N, R5E
6,8
Harding
Flat Creek
Grand River
North Dakota border
6,8
Perkins
Jones Creek
South Fork Grand River
S18, T20N, R5E
6,8
Harding
Lodgepole Creek
Shadehill Reservoir
S28, T21N, R13E
6,8
Perkins
Clarks Fork Creek
South Fork Grand River
S17, T17N, R5E
6,8
Harding
Buffalo Creek
Clarks Fork Creek
S35, T18N, R4E
6,8
Harding
Skull Creek
South Fork Grand River
S32, T21N, R8E
6,8
Harding
Thunder Hawk Creek
Grand River
S3, T22N, R16E
6,8
Perkins
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:21 - Little Missouri River and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the Little Missouri River and certain tributaries
	 covered by §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Little Missouri River
Montana-South Dakota border
South Dakota-North Dakota border
5,8
Harding
Box Elder Creek
Montana-South Dakota border
North Dakota border
6,8
Harding
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:22 - Moreau River and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the Moreau River and certain tributaries covered by
	 §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Moreau River
Lake Oahe
North and South forks of the Moreau River
5,8
Perkins
North Fork Moreau River
Moreau River
U.S. Highway 85
6,8
Harding
South Fork Moreau River
Moreau River
S17, T14N, R4E of the Black Hills meridian
6,8
Butte
Battle Creek
South Fork Moreau River
S32, T13N, R5E
6,8
Butte
Deep Creek
Moreau River
S9, T13N, R13E
6,8
Perkins
Flint Creek
Deep Creek
U.S. Highway 212
6,8
Meade
Four Mile Creek
Battle Creek
S11, T13N, R4E
6,8
Butte
Rabbit Creek
Moreau River
S.D. Highway 79
6,8
Harding
Antelope Creek
Rabbit Creek
S8, T16N, R9E
6,8
Harding
Sand Creek
South Fork Moreau River
U.S. Highway 85
6,8
Harding
Sheep Creek
North Fork Moreau River
S30, T16N, R9E
6,8
Harding
Thunder Butte Creek
Moreau River
confluence with the South Branch Thunder Butte Creek
6,8
Perkins
South Branch
Thunder Butte Creek
Thunder Butte Creek
S11, T18N, R10E
6,8
Perkins
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:23 - Little Moreau River's uses

Current through Register Vol. 51, page 10, July 15, 2024
A stream segment of the Little Moreau River covered by §
									74:51:03:02 is the
	 following:
Water Body
From
To
Beneficial Uses
County
Little Moreau River
Moreau River
S30, T17N, R24E of the Black Hills meridian
5,8
Dewey
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:24 - Niobrara's tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the Niobrara River covered by §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Keya Paha River
Nebraska Border
its confluence with Antelope Creek
5,8
Todd
Antelope Creek
Keya Paha River
S7, T38N, R28W of the sixth principal meridian
5,8
Todd
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:25 - Vermillion River and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the Vermillion River and certain tributaries covered
	 by §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Vermillion River
Missouri River
confluence of its east and west forks
5,8
Turner
West Fork Vermillion River
Vermillion River
McCook-Miner County Line
6,8
McCook\
Miner
Silver Lake Creek
West Fork Vermillion River
Silver Lake outlet
6,8
Turner
East Fork Vermillion River
Vermillion River
McCook-Lake County Line
6,8
McCook\
Lake
Blind Creek
Vermillion River
S22, T96N, R51W
6,8
Lincoln
Long Creek
Vermillion River
Highway 44
5.8
Lincoln
Long Creek
Highway 44
276th Street
6.8
Turner
Saddle Creek
Long Creek
S17, T97N, R50W
6,8
Lincoln
Haram Creek
Saddle Creek
S23, T97N, R51W
6,8
Lincoln
Clay Creek
Clay County ditch
S.D. Highway 46
6,8
Yankton
Norwegian Gulch Creek
Vermillion River
S36, T95N, R53W
5,8
Clay
Turkey Creek
Clay County ditch
S.D. Highway 46
6,8
Yankton
Turkey Ridge Creek
Vermillion River
S31, T98N, R53W of the fifth principal meridian
6,8
Turner
Camp Creek
Vermillion River
S6, T99N, R52W
6,8
Turner
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:26 - White River and certain tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the White River and certain tributaries covered in
	 §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
White River
Missouri River
Nebraska border
5,8
Shannon
South Fork White River (also known as the Little White
				  River)
White River
S6, T36N, R39W of the sixth principal meridian
5,8
Bennett
Bear-In-The-Lodge Creek
White River
S30, T40N, R37W
6,8
Jackson
Black Pipe Creek
White River
Harris Lake
6,8
Mellette
Cedar Creek
Little White River
S18, T36N, R33W
5,8
Bennett
Cut-Meat Creek
Little White River
He Dog Lake
6,8
Todd
Dog Ear Creek
White River
confluence with Owl Creek
6,8
Tripp
Ironwood Creek
Little White River
Ironwood Lake
6,8
Todd
Lake Creek
Pool 7 in LaCreek National Wildlife Refuge
S23, T36N, R38W
4,8
Bennett
Medicine Root Creek
White River
Kyle Reservoir
6,8
Shannon
Moccasin Creek
White River
S34, T102N, R74W of the fifth principal meridian
6,8
Tripp
Oak Creek
White River
S.D. Highway 44
6,8
Mellette
Old Lodge Creek
White River
S36, T100N, R76W
6,8
Tripp
Pass Creek
White River
S2, T42N, R35W of the sixth principal meridian
6,8
Jackson
Porcupine Creek
White River
S30, T38N, R42W
6,8
Shannon
Rosebud Creek
Little White River
S34, T38N, R30W
3,8
Todd
Soldier Creek
Little White River
S13, T38N, R30W
3,8
Todd
Spring Creek
Little White River
Spring Creek Reservoir
3,8
Todd
White Clay Creek, also known as Clay Creek
White River
White Clay Reservoir
4,8
Shannon
Wounded Knee Creek
White River
Spring Creek
6,8
Shannon
Spring Creek
Wounded Knee Creek
S31, T36N, R42W
6,8
Shannon
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:51 - Surface water quality › Chapter 74:51:03 - Uses assigned to streams › Section 74:51:03:27 - Red River of the North's tributaries' uses

Current through Register Vol. 51, page 10, July 15, 2024
Stream segments of the tributaries of the Red River of the North
	 covered in §
									74:51:03:02 include the
	 following:
Water Body
From
To
Beneficial Uses
County
Bois de Sioux River
Lake Traverse
South Dakota-North Dakota-Minnesota border
5,8
Roberts
Big Slough Creek
Bois de Sioux River
S13, T128N, R49W
5,8
Roberts
Jim Creek
Lake Traverse
S13, T126N, R50W of the fifth principal meridian
6,8
Roberts
General Authority:
SDCL
		34A-2-93.
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
Note:
The Red River of the North is located in North
		Dakota.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:02 - Definition of new discharger

Current through Register Vol. 51, page 10, July 15, 2024
A "new discharger" is any building, structure, facility, or
	 installation:
(1) From which there is
  or may be a "discharge of pollutants";
(2) That did not commence the "discharge" at
  a particular "site" prior to August 13, 1979;
(3) Which is not a "new source";
  and
(4) Which has never received a
  finally effective NPDES permit or SWD permit for discharge at that "site".
This definition includes any "indirect discharger" which commenced
	 discharging after August 12, 1979. It also includes any existing mobile point
	 source, such as an aggregate plant, which begins discharging at a "site" for
	 which it does not have 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 74:52:01 - General provisions › Section 74:52:01:02.01 - Criteria for new source determination

Current through Register Vol. 51, page 10, July 15, 2024
Except as otherwise provided in an applicable new source performance
	 standard, a source is a "new source" if it meets the definition of "new source"
	 in §
									74:52:01:01(30),
	 and
(1) It is constructed at a site at
  which no other source is located; or
(2) It totally replaces the process or
  production equipment that causes the discharge of pollutants at an existing
  source; or
(3) Its processes are
  substantially independent of an existing source at the same site. In
  determining whether these processes are substantially independent, the
  secretary shall consider such factors as the extent to which the new facility
  is integrated with the existing plant; and the extent to which the new facility
  is engaged in the same general type of activity as the existing source.
A source meeting the requirements of (1) through (3) of this section is
	 a new source only if a new source performance standard is independently
	 applicable to it. If there is no such independently applicable standard, the
	 source is a new discharger.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-36,
		34A-2-36.2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:02.02 - Construction and new source determination

Current through Register Vol. 51, page 10, July 15, 2024
Construction on a site at which an existing source is located results
	 in a modification subject to chapter 75:52:04 rather than a new source (or a
	 new discharger) if the construction does not create a new building, structure,
	 facility, or installation meeting the criteria of (1) through (3) of §
									74:52:01:02.01 but otherwise
	 alters, replaces, or adds to existing process or production equipment.
Construction of a new source has commenced if the owner or operator
	 has:
(1) Begun, or caused to begin as
  part of a continuous on-site construction program:
(a) Any placement, assembly, or installation
  of facilities or equipment; or
(b)
  Significant site preparation work including clearing, excavation or removal of
  existing buildings, structures, or facilities which is necessary for the
  placement, assembly, or installation of new source facilities or equipment;
  or
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:02.03 - Effect of compliance with new source performance standards

Current through Register Vol. 51, page 10, July 15, 2024
Any new discharger, the construction of which commenced after October
	 18, 1972, or new source which meets the applicable promulgated new source
	 performance standards before the commencement of discharge, may not be subject
	 to any more stringent new source performance standards or to any more stringent
	 technology-based standards under chapter 74:52:07 for the soonest ending of the
	 following periods:
(1) Ten years from
  the date that construction is completed;
(2) Ten years from the date the source begins
  to discharge process or other nonconstruction related wastewater; or
(3) The period of depreciation or
  amortization of the facility for the purposes of section 167 or 169 (or both)
  of the Internal Revenue Code of 1954 (January 1, 2002).
When an surface water discharge permit issued to a source with a
	 "protection period" under this section will expire on or after the expiration
	 of the protection period, that permit shall require the owner or operator of
	 the source to comply with the requirements of Chapter 74:52:07 immediately upon
	 the expiration of the protection period. No additional period for achieving
	 compliance with these requirements may be allowed except when necessary to
	 achieve compliance with requirements promulgated less than 3 years before the
	 expiration of the protection period.
The owner or operator of a new source, a new discharger which commenced
	 discharge after August 13, 1979, or a recommencing discharger shall install and
	 have in operating condition, and shall "start-up" all pollution control
	 equipment required to meet the conditions of its permits before beginning to
	 discharge. Within the shortest feasible time (not to exceed 90 days), the owner
	 or operator must meet all permit conditions. The requirements of this paragraph
	 do not apply if the owner or operator is issued a permit containing a
	 compliance schedule under §
										74:52:03:22.
After the effective date of new source performance standards, it shall
	 be unlawful for any owner or operator of any new source to operate the source
	 in violation of those standards applicable to the source.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-36,
		34A-2-36.2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:03 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
Transferred to §
									74:52:01:01(51)
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:04 - SWD permit required for discharge

Current through Register Vol. 51, page 10, July 15, 2024
A person may not directly discharge pollutants from any point source
	 into surface waters of the state without a valid SWD 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 74:52:01 - General provisions › Section 74:52:01:05 - Point sources that require SWD permits

Current through Register Vol. 51, page 10, July 15, 2024
The following point sources require SWD permits:
(1) Concentrated animal feeding operations as
  defined by 40 CFR
  122.23 (January 1, 2007);
(2) Concentrated aquatic animal production
  facilities as defined in §§
									74:52:02:31,
  74:52:02:32, and
  74:52:02:35;
(3) Discharges into
  aquaculture projects;
(4) Storm
  water discharges as designated in §
									74:52:02:36;
(5) Silvicultural point sources;
(6) Publicly owned treatment works;
(7) Industrial discharges;
(8) Privately owned treatment
  works;
(9) Federal facilities,
  except those located on Indian reservations;
(10) Treatment works treating domestic
  sewage, whether or not the treatment works is otherwise required to obtain a
  SWD permit; and
(11) Other point
  sources as determined by the secretary.
General Authority:
SDCL
		34A-2-28,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-36,
		34A-2-36.2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:05.01 - State Only Surface Water Discharge Permits

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may issue surface water discharge permit not using the
	 National Pollutant Discharge Elimination System authority granted the State of
	 South Dakota by the U.S. Environmental Protection Agency on December 30, 1993,
	 to operations designed to not discharge or are otherwise not required by
	 Federal Regulations to have a National Pollutant Discharge Elimination System
	 Permit. Concentrated animal feeding operations issued coverage under this
	 permit shall meet all requirements of Article 74:52 except the requirements of
	 40 C.F.R.
	 122.23(h) and
	 122.42(e)(4) in
	 §
									74:52:02:22 shall be those of
	 February 12, 2003. In the federal rules that are adopted by reference pursuant
	 to this section, the term "NPDES permit" means "surface water discharge
	 permit," and the terms "State Director" and "Director" mean "secretary",
	 "State". Authorized state", "approved state", and "approved program" means
	 "South Dakota", and "United States" means the "State of South
	 Dakota".
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-36,
		34A-2-36.2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:06 - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
The following activities do not require SWD permits:
(1) The introduction of sewage, industrial
  wastes, or other pollutants into publicly owned treatment works by indirect
  dischargers. This exclusion does not apply to the introduction of pollutants to
  privately owned treatment works or to other discharges through pipes, sewers,
  or other conveyances owned by a state, municipality, or other party not leading
  to treatment works;
(2) A discharge
  in compliance with the instructions of an on-scene coordinator pursuant to 40
  C.F.R. Part 300 (July 1, 1991) (the national oil and hazardous substances
  pollution plan) or 33 C.F.R. § 153.10 (e) (pollution by oil and hazardous
  substances) (July 1, 1991);
(3) The
  introduction of pollutants from non-point source agricultural activities,
  including runoff from orchards, cultivated crops, pastures, range lands, and
  forest lands;
(4) Return flows from
  irrigated agriculture;
(5)
  Discharges of dredged or fill materials into waters of the United States which
  are regulated under § 404 of the CWA;
(6) Storm water runoff from oil and gas
  exploration, production, processing or treatment operations or transmission
  facilities, composed entirely of flows which are from conveyances, including
  pipes, conduits, ditches, and channels, used for collecting and conveying
  precipitation runoff and which does not come into contact with any overburden,
  raw material, intermediate products, finished products, by-products, or waste
  products located on the site of such operations;
(7) Storm water runoff from industrial
  facilities that have completed and submitted a certification statement in
  accordance with 40 C.F.R
  §
										122.26 (g) (July 1,
  2001) identifying the facility to have no exposure to storm water runoff;
  and
(8) Storm water runoff from a
  small municipal separate storm sewer system that serves a population of less
  than 1,000 persons within an urbanized area as determined by the 2000 census by
  the Bureau of Census.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:07 - Approval of plans and specifications

Current through Register Vol. 51, page 10, July 15, 2024
Approval of plans and specifications from the secretary is required for
	 the following activities which may result in a discharge:
(1) The construction, installation,
  modification, or operation of a disposal system or part of a disposal
  system;
(2) The increase in volume
  or strength of wastes in excess of the limit specified in an existing SWD
  permit; or
(3) The construction or
  use of a new outlet for the discharge of waters into waters of the
  state.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:08 - Permit application forms

Current through Register Vol. 51, page 10, July 15, 2024
Applicants for SWD permits must submit their applications on state
	 permit application forms.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-36.
Information requirements, §
											74:52:02:08.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:09 - Technical regulations

Current through Register Vol. 51, page 10, July 15, 2024
Technical regulations for the SWD permit program used by the state to
	 determine what requirements are to be placed in the permit are contained in 40
	 C.F.R. Part 125, criteria and standards for the national pollutant discharge
	 elimination system (July 1, 2016); 40 C.F.R. Part 129 (July 1, 2016), toxic
	 pollutant effluent standards and prohibitions; 40 C.F.R. Subchapter N, effluent
	 guidelines and standards (July 1, 2016); and 40 C.F.R. Part 403, general
	 pretreatment regulations, for existing and new sources of pollution ( July 1,
	 2016). These regulations apply to chapters 74:52:07 to 74:52:11,
	 inclusive.
General Authority:
SDCL
		34A-2-28.
Law Implemented:
SDCL
		34A-2-13,
		34A-2-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:10 - Prohibitions

Current through Register Vol. 51, page 10, July 15, 2024
A permit may not be issued under the following circumstances:
(1) If the conditions of the permit do not
  provide for compliance with the applicable requirements of the CWA or
  regulations promulgated under the CWA;
(2) If the applicant is required to obtain a
  state or other certification under §
									74:51:01:63 and that certification
  has not been obtained or waived;
(3) If the regional administrator has
  objected to issuance of the permit;
(4) If the imposition of conditions cannot
  ensure compliance with the applicable water quality standards of South Dakota
  and affected states;
(5) If, in the
  judgment of the secretary of the army, anchorage and navigation in or on any of
  the waters of the United States would be substantially impaired by the
  discharge;
(6) For the discharge of
  any radiological, chemical, or biological warfare agent or high-level
  radioactive waste;
(7) For a
  discharge inconsistent with a plan or plan amendment approved under §
  208(b) of the CWA; or
(8) To a new
  source or a new discharger if the discharge from its construction or operation
  will cause or contribute to the violation of water quality standards. The owner
  or operator of a new source or a new discharger proposing to discharge into a
  water segment which does not meet applicable water quality standards or is not
  expected to meet those standards even after the application of the effluent
  limitations required by § 301(b)(1)(A) and § 301(b)(1)(B) of the CWA,
  and for which the state has performed a wasteload allocation for the pollutant
  to be discharged, must demonstrate, before the close of the public comment
  period, that:
(a) There are sufficient
  remaining wasteload allocations to allow for the discharge; and
(b) That the existing dischargers into that
  segment are subject to compliance schedules designed to bring the segment into
  compliance with applicable water quality standards.