reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:51 - Closure of mine site following restoration

Current through Register Vol. 51, page 10, July 15, 2024
After completion of final restoration of all permit area aquifers, the
	 operator shall plug wells that will not be used for postclosure monitoring, and
	 reclaim the facilities in accordance with approved plans specified in the
	 permit and reclamation plan. When well plugging and surface reclamation is
	 complete, the operator shall notify the department. A final closure inspection
	 and a review of water quality data shall be conducted by the department. Based
	 on the inspection and review, the department shall make a recommendation to the
	 board at a closure hearing. If the board determines the operator has achieved
	 restoration of the aquifers and reclamation of surface facilities, the
	 postclosure care and maintenance period shall begin.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-91.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:52 - Reclamation of in situ leach mine surface facilities

Current through Register Vol. 51, page 10, July 15, 2024
The reclamation of surface facilities shall conform to §§
									74:29:05:04,
	 74:29:05:05, and 74:29:07:13.
	 Ponds and impoundments must meet the following reclamation requirements:
(1) Pond sludges must be chemically
  characterized to determine whether further treatment is necessary before
  disposal. Sludges shall be removed for disposal at an off-site permitted solid
  waste facility or buried and covered on-site in a solid waste facility
  permitted in accordance with the applicable solid waste rules in article
  74:27;
(2) Geomembranes shall be
  removed from impoundments, unless it is demonstrated to the board's
  satisfaction that the geomembranes will serve a useful function consistent with
  the approved postmining land use. The geomembranes material must be disposed of
  in a permitted landfill or may be disposed of on-site only if the operator
  first secures a solid waste permit in compliance with the South Dakota solid
  waste rules in article 74:27; and
(3) Radioactive waste shall be disposed of in
  accordance with a U.S. Nuclear Regulatory Commission Source Material
  License.
General Authority:
SDCL
		34-21-15,
		45-6B-81.
Law Implemented:
SDCL
		45-6B-38,
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:53 - Radiation survey of surface facilities at mine closure

Current through Register Vol. 51, page 10, July 15, 2024
For uranium in situ leach mines, at mine closure the operator shall
	 submit a radiation sampling and survey plan to the department for review and
	 approval. The plan shall include a comparison to the baseline radiation survey
	 required by subdivision 74:29:11:02(2). In accordance with the plan, the
	 operator shall conduct a radiation survey of the surface facilities, to include
	 the process or recovery facility, ponds, impoundments, wellfields, and all
	 areas surveyed during the baseline survey. The operator shall submit a report
	 of the results of this survey. The operator shall, as appropriate:
(1) Report the following levels:
(a) Gamma radiation in units of microroentgen
  per hour (µR/hr) or millisieverts per hour (mSv/hr) at 1 meter (m) from
  surfaces;
(b) Radioactivity,
  including alpha and beta, in units of disintegrations per minute (dpm),
  microcuries (µCi), or megabecquerels (MBq) per 100 square centimeters
  (cm2) for surfaces;
(c) Microcuries (µCi) or megabecquerels
  (MBq) per milliliter for water; and
(d) Picocuries (pCi) or becquerels (Bq) per
  gram (g) for solids such as soils or concrete.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:54 - Radiation standards for closure of surface facilities

Current through Register Vol. 51, page 10, July 15, 2024
For in situ uranium mine operations, closed surface facilities shall be
	 considered suitable for release for unrestricted use if the following limits
	 are not exceeded:
(1) The
  concentration of radium-226 or radium-228 in soil, averaged over any 100 square
  meters (m2), does not exceed the background level by
  more than 5 picocuries per gram (pCi/g) or 0.185 becquerel per gram (Bq/g),
  averaged over the first 15 centimeters (cm) of soil below the
  surface;
(2) The contamination of
  vegetation does not exceed 5 picocuries per gram (pCi/g) or 0.185 becquerels
  per gram (Bq/g), based on dry weight, for radium-226 or radium-228;
  and
(3) The concentration of
  natural uranium in soil, with no radioactive decay products present, averaged
  over any 100 square meters (m2), does not exceed the
  background level by more than 30 pCi/g or 1.11 Bq/g, averaged over the top 15
  cm of soil below the surface, and 150 pCi/g or 5.55 Bq/g, average concentration
  at depths greater than 15 cm below the surface, so that no individual member of
  the public will receive an effective dose equivalent in excess of 0.1 rem
  (Roentgen equivalent man) per year or 1 millisievert (mSv) per year.
General Authority:
SDCL
		34-21-15,
		45-6B-81.
Law Implemented:
SDCL
		45-6B-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:55 - Postclosure plan - Estimated costs for postclosure care

Current through Register Vol. 51, page 10, July 15, 2024
As part of the postclosure plan required by SDCL
	 45-6B-91, before the start of the
	 postclosure period, the operator shall submit to the department the estimated
	 costs for postclosure care and maintenance as computed in accordance with
	 established engineering principles, including:
(1) The cost of long-term ground water
  restoration to ensure continued compliance consistent with the values listed in
  the restoration table contained in the permit for both production and
  nonproduction zones;
(2) The cost
  of operation of monitoring systems; and
(3) The cost of inspection and maintenance
  activities to ensure compliance with all applicable reclamation, design, and
  operating criteria.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-91.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:56 - General postclosure inspection and maintenance activities

Current through Register Vol. 51, page 10, July 15, 2024
During the postclosure period, the operator shall conduct site
	 maintenance and other activities in accordance with the approved postclosure
	 plan, including the following, as applicable:
(1) Conduct at minimum quarterly inspections
  of the entire mine site to monitor, the following:
(a) Condition of vegetation;
(b) Erosion and sediment controls;
(c) Well heads;
(d) Subsidence;
(e) Impoundments;
(f) Safety hazards; and
(g) Other potential problems;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:57 - Postclosure operation of monitoring systems

Current through Register Vol. 51, page 10, July 15, 2024
During the postclosure period, the operator shall continue surface and
	 ground water quality monitoring in accordance with the approved postclosure
	 plan or water quality monitoring plan. The results of all water quality
	 monitoring and laboratory analyses must be included in the annual postclosure
	 report.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-91.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:58 - Ground water contamination during the postclosure period

Current through Register Vol. 51, page 10, July 15, 2024
Ground water contamination detected during the postclosure period shall
	 be confirmed by additional sampling conducted by the operator as required by
	 the department and shall be evaluated to determine whether remedial action is
	 required. The remedial action required by the operator depends upon the extent
	 of the impact, based upon the following:
(1) Whether the impact is a result of the
  mining operation;
(2) The impacts
  to the health and well being of the people, animals, wildlife, aquatic life,
  and plant life affected;
(3) The
  social and economic value of the impacted aquifer;
(4) The technical practicability and economic
  reasonableness of reducing or eliminating the source of pollution;
(5) The effect upon the environment;
  and
(6) The potential impacts to
  other waters of the state.
Based upon the evaluation, the department shall determine whether
	 remedial action is required. If the department determines remedial action is
	 required, the operator shall submit a remedial action plan. Depending upon the
	 severity of the impact, the remedial actions may range from additional
	 monitoring to a resumption of ground water restoration activity. The
	 postclosure financial assurance shall be recalculated to account for the cost
	 of remedial actions.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-91.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:59 - End of the postclosure period

Current through Register Vol. 51, page 10, July 15, 2024
The postclosure period shall end when the restored aquifer's water
	 quality consistently meets the restoration values on the permit restoration
	 table and care and maintenance for the site is equal to ordinary care and
	 maintenance for lands not affected.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-91.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:60 - Public notice for in situ leach mines

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide on its website quarterly updates on the
	 operational status, compliance status, technical revisions submitted or
	 approved, public notices, and other pertinent information regarding an active
	 in situ leach mine permit.
General Authority:
SDCL
		34-21-12,
		45-6B-81.
Law Implemented:
SDCL
		34-21-26,
		45-6B-36,
		45-6B-86.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:01.01 - Facility defined

Current through Register Vol. 51, page 10, July 15, 2024
A facility is any institutional, commercial, public, industrial, or
	 residential structure, installation, or building (including any structure,
	 installation, or building containing condominiums or individual dwelling units
	 operated as a residential cooperative, but excluding residential buildings
	 having four or fewer dwelling units); any ship; and any active or inactive
	 waste disposal site. For purposes of this definition, any building structure,
	 installation that contains a loft used as a dwelling is not considered a
	 residential structure, installation, or building. Any structure, installation,
	 or building that was previously subject to this chapter is not excluded,
	 regardless of its current use or function.
General Authority:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:01.02 - Friable asbestos-containing material (ACM) defined - Verification of small quantity

Current through Register Vol. 51, page 10, July 15, 2024
Friable asbestos-containing material is any material containing more
	 than one percent asbestos as determined using the method specified in Appendix
	 A, Subpart F, 40 C.F.R. Part 763 Section 1, Polarized Light Microscopy (July 1,
	 1993), which has been applied on ceilings, walls, structural members, piping,
	 duct work, or any other part of a building and which, when dry, can be
	 crumbled, pulverized, or reduced to powder by hand pressure. The term includes
	 previously nonfriable asbestos-containing material after it becomes damaged to
	 the extent that when dry it may be crumbled, pulverized, or reduced to powder
	 by hand pressure. If the asbestos content is less than 10 percent as determined
	 by a method other than point counting by polarized light microscopy (PLM), the
	 asbestos content shall be verified by point counting using
	 PLM.
General Authority:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:01.03 - Friable asbestos-containing building material (ACBM) defined

Current through Register Vol. 51, page 10, July 15, 2024
Friable asbestos-containing building material is any friable
	 asbestos-containing material that is in or on interior structural members or
	 other parts of a school, public, or commercial building.
General Authority:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:01.04 - Inspection defined

Current through Register Vol. 51, page 10, July 15, 2024
An inspection is an activity undertaken in a school building or in a
	 public or commercial building to determine the presence or location of or to
	 assess the condition of friable or nonfriable asbestos-containing building
	 material (ACBM) or suspected ACBM, whether by visual or physical examination or
	 by collecting samples of the material. This term includes reinspection of
	 friable and nonfriable known or assumed ACBM which has been previously
	 identified. The term does not include periodic surveillance done in accordance
	 with AHERA, visual inspections to determine completion of response actions in
	 accordance with AHERA, or inspections performed by employees or agents of
	 federal, state, or local government solely for the purpose of determining
	 compliance with applicable statutes or regulations.
General Authority:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:01.05 - Major and minor fiber release episode defined

Current through Register Vol. 51, page 10, July 15, 2024
A major fiber release episode is any uncontrolled or unintentional
	 disturbance of ACBM resulting in a visible emission which involves the falling
	 or dislodging of more than three square or linear feet of friable ACBM. A minor
	 fiber release is the uncontrolled or unintentional disturbance of ACBM
	 resulting in a visible emission which involves the falling or dislodging of
	 three square or linear feet or less of friable ACBM.
General Authority:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:01.06 - Response action defined

Current through Register Vol. 51, page 10, July 15, 2024
A response action is a method, including removal, encapsulation,
	 enclosure, repair, and operation and maintenance, that protects human health
	 and the environment from friable ACBM.
General Authority:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:01.07 - Small-scale, short-duration activities defined

Current through Register Vol. 51, page 10, July 15, 2024
Small-scale, short-duration activities (SSSD) are tasks such as removal
	 of asbestos-containing pipe insulation; removal of asbestos-containing
	 insulation on beams or above ceilings; replacement of an asbestos-containing
	 gasket on a valve; installation or removal of a small section of drywall;
	 installation of electrical conduits through or proximate to ACM; and repairs to
	 asbestos-containing thermal systems insulation or drywall. SSSD activities
	 include removal of asbestos-containing thermal systems insulation that results
	 in the production of an amount of ACM that can be contained in a single glove
	 bag or a repair involving encapsulation, enclosure, or removal of small amounts
	 of friable ACM that can be contained in a single prefabricated minienclosure,
	 that was required in the performance of an emergency or routine maintenance
	 activity and that was not intended solely as asbestos abatement. A
	 minienclosure must conform spatially and geometrically to the localized work
	 area in order to perform its intended work function.
General Authority:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:02 - Demolition, transportation, and disposal of asbestos waste

Current through Register Vol. 51, page 10, July 15, 2024
An asbestos contractor carrying out an asbestos project must comply
	 with the standards for safe demotion, renovation, transportation, and disposal
	 of asbestos in accordance with 40 C.F.R. § 61, Subpart M (July 1, 1993),
	 chapter 74:36:08.
General Authority:
SDCL
		34-44-3.
Law Implemented:
SDCL
		34-44-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:03 - Certificate availability

Current through Register Vol. 51, page 10, July 15, 2024
Certified persons must have copies of their current certificates issued
	 by the department at the location where they are conducting
	 work.
General Authority:
SDCL
		34-44-11,
		34-44-31.
Law Implemented:
SDCL
		34-44-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:04 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
Training provided in another state will satisfy South Dakota's training
	 requirements if the course is fully approved by EPA under AHERA. Individuals
	 wishing to be certified and training providers wishing to receive approval must
	 provide proof of full EPA approval.
General Authority:
SDCL
		34-44-26.
Law Implemented:
SDCL
		34-44-26.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:05 - Supervision requirements for asbestos abatement projects

Current through Register Vol. 51, page 10, July 15, 2024
At least one certified contractor or supervisor is required to be
	 present at the worksite of an asbestos abatement project at all times while
	 work is in progress.
General Authority:
SDCL
		34-44-3.
Law Implemented:
SDCL
		34-44-3,
		34-44-9.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:01 - Levels of responsibility

Current through Register Vol. 51, page 10, July 15, 2024
Levels of responsibility.
The levels of responsibility or
	 disciplines of persons who work with asbestos abatement projects are as
	 follows:
(1) Inspector;
(2) Management planner;
(3) Abatement project designer;
(4) Asbestos abatement supervisor or
  contractor; and
(5) Asbestos
  abatement worker.
General Authority:
SDCL
		34-44-3,
		34-44-4.
Law Implemented:
SDCL
		34-44-3,
		34-44-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:02 - Certification requirements

Current through Register Vol. 51, page 10, July 15, 2024
The following are specific certification requirements for each
	 discipline:
(1) Inspectors must
  complete a three-day training course as outlined in chapter 74:31:03;
(2) Management planners must complete the
  inspection training course and a two-day management planner training course as
  outlined in chapter 74:31:03;
(3)
  Abatement project designers must complete the three-day abatement project
  designer training course as outlined in chapter 74:31:03;
(4) Asbestos abatement contractors or
  supervisors must complete a five-day training course as outlined in chapter
  74:31:03;
(5) Asbestos abatement
  workers must complete at least a four-day training course as outlined in
  chapter 74:31:03.
General Authority:
SDCL
		34-44-3.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-10.
Examination requirements, §
											74:31:05:02.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:03 - Certification exemptions

Current through Register Vol. 51, page 10, July 15, 2024
In addition to persons exempted under SDCL
	 34-44-33, persons working on
	 small-scale, short-duration activities are exempt from the certification and
	 training requirements of this article.
General Authority:
SDCL
		34-44-3,
		34-44-4.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-33.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:04 - Application procedures for certification - Inspectors, management planners, and abatement project designers

Current through Register Vol. 51, page 10, July 15, 2024
To apply for certification as an inspector, management planner, or
	 abatement project designer, the following information must be submitted to the
	 department:
(1) The applicant's full
  name, social security number, occupation, name of business, address, and phone
  number;
(2) The discipline for
  which the applicant wishes certification;
(3) A copy of the training course
  diploma;
(4) Documentation that a
  passing score was received on the examination, if not included on the course
  diploma;
(5) A signed statement
  that the applicant has read, understands, and will comply with the applicable
  state and federal rules on asbestos.
The application must be specific to one individual, but may include a
	 request by that individual to be certified in more than one
	 discipline.
General Authority:
SDCL
		34-44-3,
		34-44-11.
Law Implemented:
SDCL
		34-44-10,
		34-44-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:05 - Application procedures for certification - Asbestos abatement contractors and supervisors

Current through Register Vol. 51, page 10, July 15, 2024
To apply for certification as an asbestos abatement contractor or
	 supervisor, the following information must be submitted to the
	 department:
(1) The applicant's full
  name, social security number, occupation, name of business, address, and phone
  number;
(2) The discipline for
  which the applicant wishes certification;
(3) A copy of the training course
  diploma;
(4) Documentation that a
  passing score was received on the examination, if not included on the course
  diploma;
(5) Documentation that
  demonstrates that each of the applicant's employees who works on or is directly
  responsible for an asbestos abatement project is certified under this
  article;
(6) A signed statement
  that the applicant has read, understands, and will comply with the applicable
  state and federal rules on asbestos.
The application must be specific to one individual, but may include a
	 request by that individual to be certified in more than one
	 discipline.
General Authority:
SDCL
		34-44-3,
		34-44-11.
Law Implemented:
SDCL
		34-44-10,
		34-44-11.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:06 - Application procedures for certification - Asbestos abatement workers

Current through Register Vol. 51, page 10, July 15, 2024
To apply for certification as an asbestos abatement worker, the
	 following information must be submitted to the department:
(1) The applicant's full name, social
  security number, occupation, employer, address, and phone number;
(2) The discipline for which the applicant
  wishes certification;
(3) A copy of
  the training course diploma;
(4)
  Documentation that a passing score was received on the examination, if not
  included on the course diploma;
(5)
  A signed statement that the applicant has read, understands, and will comply
  with the applicable state and federal rules on asbestos.
The application must be specific to one individual, but may include a
	 request by that individual to be certified in more than one
	 discipline.
General Authority:
SDCL
		34-44-3,
		34-44-16.
Law Implemented:
SDCL
		34-44-14,
		34-44-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:07 - Length of certification

Current through Register Vol. 51, page 10, July 15, 2024
Certification expires one year and one day after a person successfully
	 completes the examination. A person who successfully completes a refresher
	 course within 90 days prior to or 90 days after the certificate's expiration
	 date and applies for recertification within this 180-day time frame shall have
	 the certification extended an additional year.
General Authority:
SDCL
		34-44-3,
		34-44-11,
		34-44-16.
Law Implemented:
SDCL
		34-44-11,
		34-44-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:08 - Certification renewal

Current through Register Vol. 51, page 10, July 15, 2024
For recertification, an applicant must submit the information outlined
	 in §
									74:31:02:04,
	 74:31:02:05, or 74:31:02:06, as
	 applicable, as well as a copy of the most recent certificate issued to the
	 applicant by the department. The applicant must show proof of attendance at the
	 annual refresher course required for the applicant's discipline or disciplines
	 in accordance with §
									74:31:02:07 and that the applicant
	 has passed the required examination for the discipline every third year. If the
	 applicant has not attended the refresher course within this time limit, the
	 applicant must successfully complete the initial training course
	 again.
General Authority:
SDCL
		34-44-3,
		34-44-11,
		34-44-16.
Law Implemented:
SDCL
		34-44-11,
		34-44-15,
		34-44-16.
Examination requirements, §
											74:31:05:02.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:02 - Certification › Section 74:31:02:09 - Certification fees

Current through Register Vol. 51, page 10, July 15, 2024
The fee for each new application for certification is $100. The fee for
	 each application for certification renewal is $50. Supervisors and employees of
	 the state, counties, municipalities, and other political subdivisions are
	 exempt from any certification fees required by this article while performing
	 official duties.
General Authority:
SDCL
		34-44-3,
		34-44-27.
Law Implemented:
SDCL
		34-44-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:03 - Initial training courses › Section 74:31:03:01 - Inspector training course requirements

Current through Register Vol. 51, page 10, July 15, 2024
The inspector training course must be at least three days long and must
	 include lectures, demonstrations, four hours of hands-on training, individual
	 respirator fit testing, course review, and a written examination. The following
	 topics must be included:
(1)
  Background information on asbestos:
(a)
  Identification of asbestos;
(b)
  Examples and discussion of the uses and locations of asbestos in
  buildings;
(c) Physical appearance
  of asbestos;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:03 - Initial training courses › Section 74:31:03:02 - Management planner training course requirements

Current through Register Vol. 51, page 10, July 15, 2024
The management planner training course must be at least two days long
	 and must include lectures, demonstrations, course review, and a written
	 examination. The following topics must be included:
(1) Course overview:
(a) The role of the management
  planner;
(b) Operations and
  maintenance programs;
(c) Setting
  work priorities;
(d) Protection of
  building occupants;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:03 - Initial training courses › Section 74:31:03:03 - Abatement project designer training course requirements

Current through Register Vol. 51, page 10, July 15, 2024
The abatement project designer training course must be at least three
	 days long and must include lectures, demonstrations, a field trip, course
	 review, and a written examination. The following topics must be
	 included:
(1) Background information
  on asbestos:
(a) Identification of
  asbestos;
(b) Examples and
  discussions of the uses and locations of asbestos in buildings;
(c) Physical appearance of
  asbestos;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:03 - Initial training courses › Section 74:31:03:04 - Asbestos abatement contractor and supervisor training course requirements

Current through Register Vol. 51, page 10, July 15, 2024
The asbestos abatement contractor and supervisor training course must
	 be at least five days long and must include lectures, demonstrations, at least
	 fourteen hours of hands-on training, individual respirator fit testing, course
	 review, and a written examination. The following topics must be
	 included:
(1) The physical
  characteristics of asbestos and asbestos-containing materials:
(a) Identification of asbestos:
(i) Aerodynamic characteristics;
(ii)Typical uses;
(iii) Physical appearance;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:03 - Initial training courses › Section 74:31:03:05 - Asbestos abatement worker training course requirements

Current through Register Vol. 51, page 10, July 15, 2024
The asbestos abatement worker training course must be at least four
	 days long and must include lectures, demonstrations, at least fourteen hours of
	 hands-on training, individual respirator fit testing, course review, and an
	 examination. The following topics must be included:
(1) The physical characteristics of asbestos:
(a) Identification of asbestos:
(i) Aerodynamic characteristics;
(ii)Typical uses;
(iii) Physical appearance;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:04 - Refresher training courses › Section 74:31:04:01 - Recertification requirements

Current through Register Vol. 51, page 10, July 15, 2024
To be recertified a person must attend an annual refresher training
	 course in the discipline of the person's certificate, as follows:
(1) Inspectors: a half-day refresher
  course;
(2) Management planners:
  the half-day refresher course for inspectors and a half-day management planning
  refresher course;
(3) Abatement
  project designers: a one-day refresher course;
(4) Asbestos abatement contractors and
  supervisors: a one-day refresher course;
(5) Asbestos abatement workers: a one-day
  refresher course.
General Authority:
SDCL
		34-44-3,
		34-44-15.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:04 - Refresher training courses › Section 74:31:04:02 - Annual refresher training course requirements

Current through Register Vol. 51, page 10, July 15, 2024
Refresher courses must be specific to each discipline. Refresher
	 courses must be conducted as separate and distinct courses and may not be
	 combined with any other training during the period of the refresher course. The
	 annual refresher training course must include the following:
(1) Information specific to the particular
  discipline;
(2) A review of changes
  in federal and state regulations;
(3) Developments in state-of-the-art
  procedures;
(4) A review of key
  aspects of the initial training course.
General Authority:
SDCL
		34-44-3,
		34-44-15.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-15,
		34-44-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:05 - Examinations and diplomas › Section 74:31:05:01 - Examination specifications

Current through Register Vol. 51, page 10, July 15, 2024
All examinations administered under this article must be closed book
	 and must cover the topics in the training course for that
	 discipline.
General Authority:
SDCL
		34-44-3,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:05 - Examinations and diplomas › Section 74:31:05:02 - Examination requirements

Current through Register Vol. 51, page 10, July 15, 2024
Persons seeking certification in a specific discipline must pass the
	 examination for that discipline at the end of the training course. Persons
	 seeking recertification must pass an examination every three years. The
	 following are the examination requirements for each discipline:
(1) Inspectors:
(a) 50 multiple-choice questions;
(b) Passing score: 70 percent;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:05 - Examinations and diplomas › Section 74:31:05:03 - Diplomas

Current through Register Vol. 51, page 10, July 15, 2024
The instructor shall issue a numbered diploma to each student who
	 completes a training course and successfully passes the examination. The
	 following information must be included on the diploma:
(1) The name of the student;
(2) The name of the course
  completed;
(3) The dates of the
  course and the examination;
(4) A
  statement that the person receiving the certificate has completed the requisite
  training for asbestos accreditation specified by the Toxic Substance Control
  Act Title II;
(5) An expiration
  date for accreditation that is one year after the date on which the student
  completed the course and examination;
(6) Diploma number;
(7) The name, address, and telephone number
  of the training provider that issued the certificate.
Diplomas for refresher training courses must include all of the
	 information required in this section, except for examination information, which
	 is required every three years according to §
										74:31:05:02. A list of trained
	 persons that have passed training courses, to include refresher training
	 courses, must be sent to the department within ten days after training and
	 exams are completed.
General Authority:
SDCL
		34-44-19.
Law Implemented:
SDCL
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:06 - Approval of training programs › Section 74:31:06:01 - Application procedures for training course approval

Current through Register Vol. 51, page 10, July 15, 2024
To apply for asbestos training course approval in any of the
	 disciplines, the following information must be submitted to the
	 department:
(1) The course sponsor's
  name, address, and telephone number;
(2) A list of any states that currently
  approve the training course;
(3)
  The course curriculum;
(4) A letter
  from the training course sponsor that clearly indicates how the course meets
  the following South Dakota requirements:
(a)
  Length of training in days;
(b)
  Amount and type of hands-on training;
(c) Examination, including length, format,
  and passing score;
(d) Topics
  covered in the course;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:06 - Approval of training programs › Section 74:31:06:01.01 - Department approval of training courses

Current through Register Vol. 51, page 10, July 15, 2024
Department approval of training courses must be in writing and sent to
	 the course sponsor identified in §
									74:31:06:01(1).
	 In order to continue to conduct training courses, renewal of department
	 approval is required each year as described in §
									74:31:06:04.
General Authority:
SDCL
		34-44-19.
Law Implemented:
SDCL
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:06 - Approval of training programs › Section 74:31:06:02 - Application procedures for refresher training course approval

Current through Register Vol. 51, page 10, July 15, 2024
To apply for approval of refresher training courses in any of the
	 disciplines, the following information must be submitted to the
	 department:
(1) Length of
  training;
(2) Topics covered in the
  course;
(3) A copy of all course
  materials;
(4) Names and
  qualifications of course instructors. Instructors must have academic
  credentials or field experience in asbestos abatement;
(5) Description and an example of diplomas
  issued to students who complete the refresher course;
(6) Amount and type of hands-on
  training;
(7) A schedule of planned
  training courses to be conducted in South Dakota;
(8) Identify any changes in information
  provided to the department the previous year.
General Authority:
SDCL
		34-44-19,
		34-44-24.
Law Implemented:
SDCL
		34-44-19,
		34-44-22,
		34-44-24.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:06 - Approval of training programs › Section 74:31:06:02.01 - Department approval of refresher training courses

Current through Register Vol. 51, page 10, July 15, 2024
Department approval of refresher training courses must be in writing
	 and sent to the course sponsor identified in §
									74:31:06:01(1).
	 In order to continue to conduct refresher training courses, renewal of
	 department approval is required each year as described in §
									74:31:06:04.
General Authority:
SDCL
		34-44-19.
Law Implemented:
SDCL
		34-44-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:06 - Approval of training programs › Section 74:31:06:03 - Suspension or revocation of course approval

Current through Register Vol. 51, page 10, July 15, 2024
The department may suspend or revoke approval of a training course or
	 refresher training course if a filed site inspection indicates the course is
	 not providing training that meets the requirements of this article or the EPA
	 suspends or revokes its approval of the course.
General Authority:
SDCL
		34-44-24.
Law Implemented:
SDCL
		34-44-24,
		34-44-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:06 - Approval of training programs › Section 74:31:06:04 - Renewal of course approval

Current through Register Vol. 51, page 10, July 15, 2024
Training course and refresher training course approval must be renewed
	 each year and will be granted only if the applicant meets the requirements of
	 this article and has conducted at least one training course or refresher
	 training course in South Dakota the previous calendar year. Training course
	 sponsors applying for first time department approval of training courses will
	 be conditionally approved until courses are audited and final departmental
	 approval is obtained. The department shall notify approved training course
	 sponsors, thirty days in advance, when course curriculum changes are required.
	 Department approval may be revoked or suspended for reasons identified in
	 §
									74:31:06:03 at anytime, in
	 accordance with SDCL chapter 1-26.
General Authority:
SDCL
		34-44-19,
		34-44-24.
Law Implemented:
SDCL
		34-44-19,
		34-44-24.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:06 - Approval of training programs › Section 74:31:06:05 - Recordkeeping requirements for training providers

Current through Register Vol. 51, page 10, July 15, 2024
Approved training providers of accredited asbestos training courses
	 must meet the following recordkeeping requirements:
(1) Retain copies of all instructional
  materials used in classroom training;
(2) Retain copies of all instructors'
  qualifications and EPA or state instructor approval documents;
(3) Retain copies of course instructor
  changes and identify instructors who taught each particular course for each
  date that a course is offered;
(4)
  For each initial or refresher diploma issued, keep a record of the student
  name, diploma number, expiration date, training course name and dates,
  examination date, examination score, copy of the examination, name of the
  person who proctored the examination and the training location. The required
  records must be maintained in a manner that allows verification of the required
  information by telephone; and
(5)
  Maintain all required records for a minimum of three years and provide
  reasonable access to all required records to the state or EPA on request. If
  the training provider ceases to conduct training, the training provider shall
  notify the department.
General Authority:
SDCL
		34-44-3,
		34-44-19.
Law Implemented:
SDCL
		34-44-19,
		34-44-20,
		34-44-23.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:06 - Approval of training programs › Section 74:31:06:06 - Notification of training course requirement

Current through Register Vol. 51, page 10, July 15, 2024
Training course sponsors shall provide the department written
	 notification at least ten days before all training courses conducted in this
	 state. Written notification must include instructor contact information and
	 location, date, and time of the training. The department shall be notified of
	 course cancellations as soon as the instructor is aware of the need to cancel
	 the course. Cancelled courses do not meet the requirement for conducting
	 training in this state to obtain department approval as required by §
									74:31:06:04. The department shall
	 be provided access to training courses at no cost for the purpose of
	 auditing.
General Authority:
SDCL
		34-44-19,
		34-44-24.
Law Implemented:
SDCL
		34-44-19,
		34-44-23,
		34-44-24.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:01 - General provisions › Section 74:32:01:02 - Review of claims - Determination of cash balance in fund

Current through Register Vol. 51, page 10, July 15, 2024
The director shall determine by Thursday of each week all claims for
	 reimbursement that are payable from the fund that week. A claim is determined
	 to be payable when the director approves the proposed findings and establishes
	 the amount of payment. By Thursday of each week, the director shall determine
	 whether there are sufficient moneys available in the fund to cover all claims
	 to be paid that week. If the director determines that the claims to be paid
	 that week would cause the cash balance of the fund to drop below $100,000, the
	 director shall proceed as provided in §
									74:32:01:03. If Thursday of any
	 week falls on a state holiday, the actions required by this section shall occur
	 on the next full working day.
General Authority:
SDCL
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL
		34A-13-42.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:01 - General provisions › Section 74:32:01:03 - Prorating of claims

Current through Register Vol. 51, page 10, July 15, 2024
If the director determines there are not sufficient moneys to fully pay
	 all claims payable and to maintain a cash balance of at least $100,000 for any
	 week, the director shall prorate all claims determined to be payable for that
	 week on a dollar-for-dollar basis so that each reimbursement claim is reduced
	 by the same percentage. The percentage of reduction shall equal the amount the
	 shortfall in the fund (fund balance less $100,000 less claims to be paid for
	 the week) represents to the total amount of claims determined to be payable for
	 the week. The director shall notify each responsible person of the amount yet
	 to be paid and the estimated date of payment. If deferring payment of all
	 claims approved for payment in any given week would, in the judgment of the
	 director, result in full payment to the covered parties not later than 60 days
	 after all affected covered parties would have received full payment through
	 proration of their claims as provided by this section, the director may
	 withhold all payment on all claims determined to be payable for that week until
	 the cash balance is sufficient to pay the entire amount approved on any given
	 week. Unpaid amounts from prior weeks deferred or prorated under this section,
	 in the order they were determined payable by the director, shall receive
	 priority over unpaid amounts from subsequent weeks and claims subsequently
	 determined to be payable.
General Authority:
SDCL
		34A-13-13,
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL
		34A-13-42.