reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:12 - Facility design and construction › Section 74:27:12:25 - Small-town exemption criteria

Current through Register Vol. 51, page 10, July 15, 2024
A MSWLF must supply written documentation to the secretary that it
	 meets the following criteria in order to qualify for a small-town
	 exemption:
(1) It disposes of less
  than 20 tons of solid waste daily, based on an annual average;
(2) It exhibits no groundwater contamination
  at the disposal site;
(3) It is
  located in an area receiving less than 25 inches of precipitation annually;
  and
(4) It has no practicable waste
  management alternative, defined as follows:
(a) The MSWLF is not located in an aquifer
  and at least 100 feet of unweathered till or unweathered shale separate the
  facility bottom from an aquifer;
(b) The MSWLF is located more than 50 miles
  from a regional MSWLF; and
(c) The
  annual cost of solid waste disposal exceeds 1.0 percent of the average annual
  median household income of the population served.
A MSWLF that meets all of the criteria in this section is automatically
	 granted the exemption.
A new MSWLF that meets the criteria in subdivisions (1), (2), and (3)
	 of this section as defined in 40 C.F.R. Part 258 as published on 56 Fed. Reg.
	 51,017 (October 9, 1991) but does not meet one or more of the criteria in
	 subdivision (4) may petition the board for a hearing. The hearing may be held
	 either separately or in conjunction with a hearing on the solid waste permit
	 for their landfill. During the hearing on the small-town exemption, the
	 applicant may present facts to the board to support that it has no practicable
	 alternative. After hearing all testimony, the board may either approve, deny,
	 or approve with conditions a small-town exemption.
Before April 9, 1994, an existing MSWLF that meets the criteria in
	 subdivisions (1), (2), and (3) of this section but does not meet one or more of
	 the criteria in subdivision (4) may petition the secretary for a small-town
	 exemption. The owner or operator must present facts in the petition to the
	 secretary to show that it does not have a practicable alternative because the
	 regional facility is not yet constructed through no fault of the existing
	 MSWLF. The secretary may either approve, deny, or approve with conditions, a
	 small-town exemption. The secretary may not grant a small-town exemption that
	 is effective beyond October 8, 1995.
If a MSWLF fails to conform with one or more of the criteria of
	 subdivisions (1) to (3), inclusive, of this section, the MSWLF's small-town
	 exemption becomes void.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter is applicable to all MSWLFs.
Rubble sites, construction debris sites, and restricted-use sites must
	 comply with the applicable provisions of §§
									74:27:13:04 to
	 74:27:13:06, inclusive;
	 74:27:13:11 to 74:27:13:15, inclusive; 74:27:13:17 to 74:27:13:19, inclusive;
	 74:27:13:21 to 74:27:13:23, inclusive; and 74:27:13:25.
Nonmunicipal solid waste monofills and other types of facilities not
	 specifically listed must comply with the applicable provisions of §§
									74:27:13:02 to
	 74:27:13:07, inclusive, and
	 74:27:13:09 to 74:27:13:25, inclusive.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.37.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:02 - Supervisory personnel on duty

Current through Register Vol. 51, page 10, July 15, 2024
Supervisory personnel must be on-site during all hours of
	 operation.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:03 - Determining the tonnage of solid waste delivered to the facility

Current through Register Vol. 51, page 10, July 15, 2024
A facility receiving 25,000 tons or more of solid waste a year must be
	 equipped with a scale device approved by the department of commerce and
	 regulation. The facility shall weigh the total amount of solid waste disposed
	 of at the facility and shall maintain a record of the weight. Type IIB, III,
	 and IV facilities shall use procedures approved by the department through the
	 permitting process for estimating the amount of solid waste
	 received.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-89.
Commercial inspection and regulation, art
		20:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:04 - Unloading of wastes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall confine the unloading of wastes to as small an area as
	 practical and shall control the wastes to ensure proper
	 operation.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:05 - Salvaging

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall salvage recyclables or reusable materials in a planned
	 manner that does not interfere with normal operating
	 procedures.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:06 - Litter control

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall control the scattering of paper and other refuse
	 through the use of litter fences and periodic cleanup. Type I and IIA
	 facilities shall provide daily litter cleanup. Type IIB, III, and IV facilities
	 shall provide litter cleanup at least weekly.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:07 - Working face

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall limit the working face of the active fill area to as
	 small an area as practical and shall conduct its operations to confine
	 windblown solid waste.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:08 - Spreading and compaction

Current through Register Vol. 51, page 10, July 15, 2024
Before placing cover, a facility shall spread and compact all solid
	 waste evenly in layers not exceeding two feet in thickness.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:09 - Daily cover

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall stockpile and protect for use during inclement weather
	 sufficient cover material to ensure its availability for daily cover. A
	 facility shall place a minimum of six inches of compacted cover material on all
	 exposed solid waste at the end of each working day. Alternative daily cover
	 materials may be approved by the secretary case by case.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:10 - Completed landfill units

Current through Register Vol. 51, page 10, July 15, 2024
Completed landfill units must be closed in accordance with the approved
	 closure plan of §
									74:27:15:04. Closure shall begin
	 within 30 days after reaching the maximum fill elevation and must be completed
	 within 180 days of initiation of closure. If completion occurs during inclement
	 weather, the secretary may approve an intermediate cover until final cover and
	 revegetation can be completed.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:11 - Open burning restrictions

Current through Register Vol. 51, page 10, July 15, 2024
Open burning of municipal solid waste is prohibited except as provided
	 by § 74:36:15:03. Monthly open burning of agricultural wastes,
	 silvicultural wastes, diseased trees, land clearing debris, untreated wood
	 products, or storm debris which is free of special wastes as listed in §
									74:27:13:17 is allowed. A facility
	 shall confine burning to a separate area and shall supervise burning at all
	 times.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:12 - Equipment

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall have the equipment necessary for dust control,
	 excavation, compaction, and application of daily cover. Backup equipment must
	 be available in case of breakdowns.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:13 - Vector control

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall prevent or control on-site populations of disease
	 vectors using techniques appropriate for the protection of human health and for
	 preventing degradation of the environment.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:14 - Scavenging

Current through Register Vol. 51, page 10, July 15, 2024
Scavenging is prohibited at all facilities.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:15 - Fire protection plan

Current through Register Vol. 51, page 10, July 15, 2024
All facilities shall have a plan for fire control which includes
	 protection agreements with local fire departments or the availability of
	 adequate on-site fire fighting equipment.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:16 - Monitoring

Current through Register Vol. 51, page 10, July 15, 2024
All environmental and facility performance monitoring systems
	 incorporated into the facility design must be operated and maintained
	 throughout the active life and postclosure period of the
	 facility.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:17 - Special wastes

Current through Register Vol. 51, page 10, July 15, 2024
The special wastes listed in this section must be handled as
	 follows:
(1) Hazardous waste. The
  operator may accept conditionally exempt small-quantity-generator hazardous
  waste for disposal at a MSWLF if procedures for acceptance and disposal are
  outlined in the operational plan required by §
									74:27:09:03 and approved by the
  secretary through the permitting process;
(2) Pesticide containers. Pesticide
  containers may be disposed of at a MSWLF in accordance with §
									12:56:02:05. At a minimum, they
  must be triple rinsed and punctured or crushed;
(3) Petroleum-contaminated soils.
  Petroleum-contaminated soils accepted for disposal at a MSWLF must be applied
  to land in a separate area and remediated to less than or equal to 100 parts
  per million as total petroleum hydrocarbons using techniques approved by the
  secretary;
(4) Asbestos
  restrictions. Regulated asbestos-containing waste materials that are accepted
  for disposal must comply with the disposal requirements found in §
									74:36:08:02. Regulated
  asbestos-containing waste materials may not be open-burned;
(5) Medical/Infectious wastes.
  Medical/Infectious waste must be rendered noninfectious, by incineration in
  accordance with article 74:36, or treated by steam sterilization, chemical
  disinfectant, or an equally effective treatment method, prior to disposal in a
  MSWLF. A permit issued under SDCL chapter 34A-6 is required for any off-site
  treatment of medical/infectious waste;
(6) Dead animals. A facility shall cover dead
  animals, animal body parts, and viscera accepted for disposal with a minimum of
  six inches of soil within 24 hours after receipt;
(7) Bulky waste. A facility may accept large
  items, including white goods, for disposal. They may be incorporated into the
  fill or be accumulated in a separate area until they are removed periodically
  for salvaging;
(8) Waste tires.
  Handling, storage, and disposal of waste tires must comply with §
  74:27:13:17.01;
(9) Used lead-acid
  batteries. Used lead-acid batteries found in household waste may be accepted at
  a MSWLF for disposal;
(10) Waste
  oil. Waste oil found in household waste may be accepted at a MSWLF for
  disposal;
(11) Liquids
  restrictions. Bulk or containerized liquid waste may not be accepted at a MSWLF
  for disposal unless:
(a) The waste is
  household waste;
(b) The container
  is a small container similar in size to that normally found in household wastes
  and the container is designed to hold liquids for use other than
  storage;
(c) The waste is leachate
  or gas condensate derived from the landfill unit and is applied on daily or
  interim cover; or
(d) The waste is
  sludge as described in subdivision (13) of this section;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:17.01 - Waste tires

Current through Register Vol. 51, page 10, July 15, 2024
Waste tires may not be disposed of in a MSWLF unless the tire is
	 shredded or quartered, prior to disposal. The dedicated storage and disposal
	 area must be separate from the garbage disposal area. Waste tire storage and
	 processing facilities must be designed and operated as follows:
(1) A waste tire pile may not have an area
  greater than 5,000 square feet or a vertical height greater than 10
  feet;
(2) Each waste tire pile must
  be surrounded by a 50-foot fire lane;
(3) No more than 100,000 passenger car tires
  or the equivalent weight of other waste tires or tire-derived products may be
  stored on site at any one time;
(4)
  Operations involving the use of open flames, blow torches, or highly flammable
  substances may not be conducted within 300 feet of a waste tire pile;
(5) All waste tire piles must be maintained
  free of mosquitos and rodents;
(6)
  Storage of waste tires may not exceed one year; and
(7) Upon closure of the waste tire storage
  and processing facility, all waste tires and waste tire products must be
  removed to a solid waste facility permitted under SDCL chapter 34A-6.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-64,
		34A-6-65,
		34A-6-66.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:18 - Testing for hazardous waste

Current through Register Vol. 51, page 10, July 15, 2024
A person who generates a commercial or industrial solid waste must
	 determine if that waste is a hazardous waste by the method specified in §
									74:28:22:01.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:19 - Screening waste received

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall implement a program at the facility for
	 detecting and preventing the disposal of regulated hazardous wastes, regulated
	 polychlorinated biphenyls (PCBs) or PCB articles as regulated under chapter
	 74:28:31, and other unauthorized wastes. This program must include at a
	 minimum:
(1) Random inspections of
  incoming loads;
(2) Inspection of
  suspicious loads;
(3) Records of
  the inspections;
(4) Training of
  facility personnel to recognize unauthorized hazardous waste and other
  unauthorized wastes; and
(5)
  Procedures for notifying the secretary if a regulated hazardous waste or other
  unauthorized waste is discovered at the facility.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:20 - Contingency plan

Current through Register Vol. 51, page 10, July 15, 2024
The operator shall develop and update as necessary a contingency plan
	 outlining procedures to be used during emergencies. The plan must, at a
	 minimum, include:
(1) Identification
  of emergency situations that could arise at the facility, including receipt of
  unauthorized waste, equipment failures, fires, failure of some aspect of the
  facility design, and detection of elevated levels of monitored
  parameters;
(2) Notification
  procedures to be used in an emergency;
(3) Names, addresses, and telephone numbers
  of all persons qualified to act as emergency coordinator, including a
  designation of the primary coordinator and the order in which others will
  assume responsibility as alternates;
(4) Procedures to be used during emergency
  situations;
(5) Procedures for
  cleanup, personnel protection, packaging, and disposal of unauthorized wastes
  received;
(6) Remediation
  procedures for bringing the facility back into compliance; and
(7) Cost estimates for various remediation
  scenarios.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:21 - Training of personnel

Current through Register Vol. 51, page 10, July 15, 2024
Personnel training shall include information pertaining to standard
	 operating procedures, including waste screening methods, facility monitoring
	 plans, open burning procedures, contingency plan procedures, closure plan
	 contents, and postclosure plan contents. The owner or operator shall provide
	 training to all full-time employees.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:22 - Recordkeeping

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall maintain records as follows:
(1) Sources, types, and amounts of solid
  waste received both monthly and annually, including special wastes;
(2) Recycling or source separation
  efforts;
(3) Monitoring, testing,
  or analytical data required for air, groundwater, surface water, methane gas,
  leachate, liner system, remediation of special wastes, and any other aspects of
  the facility design;
(4) Frequency
  of waste screening, including test methods and results;
(5) Filling progression, completion dates,
  as-built drawings, and closure methods for each landfill unit;
(6) Details pertaining to open burning
  practices at the facility, including dates, types, and amount of waste burned,
  length of time of burning, complaints, and other pertinent details;
(7) Records of all inspections;
(8) Documentation of the small-town exemption
  criteria in §
									74:27:12:25, if
  applicable;
(9) Closure
  certification as required by §
									74:27:15:06;
(10) Postclosure certification as required by
  §
									74:27:15:11; and
(11) Other records and certification required
  by 40 C.F.R. Part 258, as published on 56 Fed. Reg. 50,978 to 51,118, inclusive
  (October 9, 1991).
The recordkeeping requirements and copies of the application and
	 permit, including the operational plan, the contingency plan, the closure plan,
	 the postclosure care plan, and the financial assurance information must be
	 maintained at the facility or at another location approved by the secretary.
	 All records must be available for review by the secretary during normal
	 operating hours. In addition, an annual report for each calendar year
	 summarizing the groundwater monitoring data and the surface water monitoring
	 data must be submitted to the secretary by April 1 of the following
	 year.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:23 - Excavation of closed landfill units

Current through Register Vol. 51, page 10, July 15, 2024
A person may not excavate, disrupt, or remove any deposited material
	 from an active or discontinued facility unit without first notifying the
	 secretary in writing and obtaining approval. Notification shall include an
	 operational plan stating the area involved, the reasons for excavation, the
	 lines and grade-defining limits of the excavation, the estimated number of
	 cubic yards of material to be excavated, the solid waste facility where the
	 excavated material will be disposed of, the estimated time required for the
	 excavation procedures, and reclamation plans. The excavator shall take measures
	 during operation to control erosion, sedimentation, dust, odors, fires,
	 rodents, insects, and blowing litter.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:24 - Leachate management

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall analyze leachate constituents prior to
	 disposal. The secretary shall designate the sampling parameters. Sampling
	 methods and analytical techniques must conform to the requirements of §
									74:54:01:06.
The owner or operator may not allow leachate to accumulate to a depth
	 greater than 12 inches above the final liner grade at any point in the leachate
	 collection system.
Leachate disposal may be accomplished through the following
	 means:
(1) Surface application of
  leachate over daily or interim cover areas that are underlaid by both a liner
  system and a leachate collection system;
(2) Discharge to a wastewater treatment
  facility if the leachate quality meets the pretreatment requirements of 40
  C.F.R. Part 403, (July 1, 1991) and with the owner or operator of the treatment
  facility's permission;
(3)
  Discharge from a leachate storage or treatment lagoon if the leachate quality
  meets the requirements of 40 C.F.R. Part 133 (July 1, 1992); or
(4) Other methods approved by the secretary
  based on the constituents of the leachate, the volume of leachate, and the
  proposed handling methods.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:25 - Storm water management

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall analyze and discharge storm water according
	 to the requirements of 40 C.F.R. Part 122, as published on 57 Fed. Reg. 11,394
	 to 11,413, inclusive (April 2, 1992).
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:26 - Methane gas monitoring

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall measure methane gas concentrations
	 quarterly in all buildings and at the property boundaries. Methane gas may not
	 exceed 25 percent of the lower explosive limit (LEL) of the gas in facility
	 structures, excluding methane gas system components and may not exceed the LEL
	 of the gas in soils or air at the property boundary.
Facilities which exceed these methane gas concentration levels shall
	 take the following actions;
(1)
  Immediately take all necessary steps to ensure protection of human health and
  notify the secretary;
(2) Within
  seven days of detection, place in the operating record the methane gas levels
  detected and a description of the steps taken to protect human health;
  and
(3) Within 60 days of
  detection, implement a methane gas system which conforms to the requirements of
  §
									74:27:12:20.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:13 - Facility operation › Section 74:27:13:27 - Variances

Current through Register Vol. 51, page 10, July 15, 2024
The board or secretary may grant variances for provisions of
	 §§
									74:27:13:02 to
	 74:27:13:26, inclusive, case by
	 case. All demonstrations for variances for MSWLFs must meet the requirement of
	 40 C.F.R. Part 258, as published on 56 Fed. Reg. 51,016 to 51,039, inclusive
	 (October 9, 1991).
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:14 - Solid waste incinerators › Section 74:27:14:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all contract incineration facilities and other
	 solid waste incineration facilities with an incineration capacity of 500 pounds
	 an hour or more.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.37.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:14 - Solid waste incinerators › Section 74:27:14:02 - Design and construction

Current through Register Vol. 51, page 10, July 15, 2024
Incineration facilities subject to this chapter must comply with the
	 applicable design requirements of §§
									74:27:12:02 to
	 74:27:12:04, inclusive;
	 74:27:12:06; 74:27:12:08 to 74:27:12:14, inclusive; and the following:
(1) Incinerator design must be adequate for
  the types of waste proposed to be processed at the facility and must meet all
  requirements of articles 74:35 and 74:36;
(2) Air pollution control equipment must meet
  all applicable requirements of articles 74:35 and 74:36;
(3) Special waste storage area designs must
  have the approval of the secretary through the permitting process;
(4) Ash storage area design must have the
  approval of the secretary through the permitting process and be sized to
  contain the maximum volume of ash estimated to be in storage at any one
  time;
(5) An ash management plan
  outlining the ash handling procedures at the facility must be submitted to the
  secretary for approval. It shall, at a minimum, include:
(a) Estimated volume of ash generated
  annually and over the life of the facility;
(b) Estimated maximum volume of ash requiring
  storage at any one time;
(c)
  Projected constituents of the ash;
(d) Proposed testing plans for the ash,
  including the sampling parameters and a justification of the parameters,
  sampling frequency, and sampling methods, including quality control;
(e) Proposed methods of handling ash,
  including storage methods, transportation methods, disposal methods, and
  frequency of disposal;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:14 - Solid waste incinerators › Section 74:27:14:03 - Operation

Current through Register Vol. 51, page 10, July 15, 2024
All incineration facilities subject to this chapter must comply with
	 the operation requirements of §§
									74:27:13:02 to
	 74:27:13:06, inclusive;
	 74:27:13:12 to 74:27:13:22, inclusive; and the following:
(1) Wastes to be incinerated must be confined
  to waste storage areas;
(2) The
  maximum duration for storage of wastes before incineration is limited to five
  days unless prior approval by the secretary is obtained;
(3) Waste tires may not be incinerated,
  except when utilized for energy production;
(4) Lead acid batteries may not be
  incinerated; and
(5) Incinerator
  operation must meet all applicable requirements of article 74:35 and
  74:36.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:14 - Solid waste incinerators › Section 74:27:14:04 - Regulated medical waste

Current through Register Vol. 51, page 10, July 15, 2024
Incineration facilities accepting regulated medical waste must comply
	 with §§
									74:27:14:02 and
	 74:27:14:03 and article
	 74:35.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all MSWLFs.
Rubble sites, construction demolition sites, and restricted-use sites
	 must comply with the applicable provisions of subdivisions 74:27:15:03(2),
	 (3)(b), and (4) to (7), inclusive, and §§
									74:27:15:05 to
	 74:27:15:09, inclusive.
Nonmunicipal solid waste monofills and other types of facilities not
	 specifically listed must comply with the applicable provisions of §§
									74:27:15:02 to
	 74:27:15:11,
	 inclusive.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.37.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:02 - Performance standard

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a facility must close the facility and each
	 landfill unit in conformance with §
									74:27:15:03 to minimize the need
	 for further maintenance and minimize the postclosure formation and release of
	 leachate and explosive gases to groundwater, surface water, air, and soils in
	 order to protect human health, to prevent degradation of the environment, and
	 to provide productive postclosure land use. The owner or operator shall perform
	 postclosure care activities to ensure that the closure of the facility and of
	 each landfill unit of the facility meet the performance standard. Postclosure
	 use of the property may not disturb the integrity of the final cover, liners,
	 or any other components of the containment system or the functioning of the
	 monitoring systems, unless, upon demonstration by the owner or operator, the
	 secretary determines that the activities will not increase the potential threat
	 to human health or safety and will not degrade the
	 environment.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:03 - Closure requirements

Current through Register Vol. 51, page 10, July 15, 2024
Upon closing a landfill unit or other land disposal facility, the owner
	 or operator shall commence closure activities within 30 days of the last
	 receipt of wastes and shall complete closure activities within 180 days of the
	 last receipt of wastes. The owner or operator must meet the following closure
	 requirements:
(1) Eliminate disease
  vectors;
(2) Post the site to
  indicate that the site is closed to further dumping and to indicate where the
  new site is located;
(3) Cover the
  site as follows:
(a) The owner or operator of
  a MSWLF unit shall install a final cover system that is designed to minimize
  infiltration and erosion. The final cover system shall comprise a topsoil layer
  underlaid by an infiltration layer as follows:
(i) The infiltration layer shall consist of a
  minimum of 18 inches of earthen material that has a permeability less than or
  equal to the permeability of any bottom liner system or natural subsoils
  present or a permeability corresponding to §
											74:27:12:21, whichever is less;
  and
(ii)The topsoil layer shall
  consist of a minimum of 6 inches of earthen material that is capable of
  sustaining perennial plant growth;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:04 - Closure plan

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall prepare a written closure plan that
	 describes the steps necessary to close the facility at any point during its
	 active life in accordance with the closure performance standard in §
									74:27:15:02. The closure plan, at
	 a minimum, must include:
(1) An
  estimate of the maximum operational areas that will be open at any time during
  the active life of the facility;
(2) An estimate of the maximum inventory of
  wastes that will be on-site over the active life of the facility;
(3) A description of the anticipated future
  use of the disposal site property;
(4) A description of the methods, procedures,
  and processes to be used to close the facility and each landfill unit of the
  facility;
(5) A time schedule,
  including the anticipated dates for closure of the facility and progressive
  closure of each landfill unit of the facility;
(6) Procedures for closure of the facility
  and of each landfill unit of the facility;
(7) A description of the final contours and
  grading of the site and how slumping, settling, and ponding of water on the
  surface will be minimized;
(8) A
  description of the final cover, including the soil type and source, depth,
  compaction specifications, topsoil, and revegetation plans;
(9) A description of access control to the
  site, including signs posted indicating that the site is closed;
(10) A description of surface water controls
  that will be established or maintained at the site; and
(11) Cost estimates, including calculations,
  for hiring a third party to complete each closure activity.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:05 - Closure notification

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall notify the secretary in writing at least 90
	 days before the estimated date of closure of the facility or any MSWLF
	 unit.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:06 - Closure certification

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of closure of the facility or any MSWLF unit, the owner
	 or operator shall provide the secretary a certification on a form provided by
	 the secretary confirming that the provisions of the closure plan have been
	 carried out and that the facility has been closed in accordance with the
	 performance standard of §
									74:27:15:02.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:07 - Notation on deed

Current through Register Vol. 51, page 10, July 15, 2024
Following closure of the facility, the owner or operator shall record a
	 notation on the deed to the property or on some other instrument that is
	 normally examined during a title search. The owner or operator may request
	 permission from the secretary to remove the notation from the deed if all
	 wastes have been removed from the facility. The notation on the deed notifies
	 any potential purchaser of the property that the land has been used as a solid
	 waste facility and its use is restricted under §
									74:27:15:02.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:08 - Postclosure care

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall provide postclosure care for 30
	 years.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:08.01 - Postclosure requirements

Current through Register Vol. 51, page 10, July 15, 2024
Postclosure care must conform to the postclosure plan required by
	 §
									74:27:15:09.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:09 - Postclosure plan

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall prepare a written postclosure plan that
	 describes the monitoring and routine maintenance activities that will be
	 carried out during the postclosure care period. The postclosure plan, at a
	 minimum, must include:
(1) The name,
  address, and telephone number of the responsible party during the postclosure
  care period;
(2) A description of
  the planned uses of the property during the postclosure care period;
(3) A description of the period of time
  during which access to the facility will be controlled;
(4) A description of the methods of
  monitoring and maintaining the integrity and effectiveness of final cover,
  including making repairs to the cover as necessary to correct the effects of
  settling, subsidence, erosion, or other events, and preventing run-on and
  run-off from eroding or otherwise damaging the final cover;
(5) A description of the methods of
  maintaining, operating, and monitoring the leachate collection and removal
  system, if applicable, until leachate no longer is generated;
(6) A description of the methods of
  maintaining and operating the groundwater monitoring system, if
  applicable;
(7) A description of
  the methods of maintaining and operating the gas monitoring system, if
  applicable;
(8) A description of
  the frequency at which the monitoring and maintenance activities in this
  section will be performed;
(9)
  Methods of decommissioning any remaining components of the facility;
(10) A description of the estimated
  postclosure period necessary to ensure that the performance standard of §
									74:27:15:02 is met; and
(11) Cost estimates, including calculations
  for hiring a third party to complete each postclosure activity.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:10 - Postclosure certification

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of the activities required during the postclosure care
	 period, the owner or operator of a solid waste facility shall submit to the
	 secretary a certification by a registered professional engineer confirming that
	 the provisions of the postclosure plan have been met.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:15 - Closure and postclosure › Section 74:27:15:11 - Variances

Current through Register Vol. 51, page 10, July 15, 2024
The board or secretary may grant variances to the provisions of this
	 chapter case by case. Demonstrations for variances for MSWLFs must meet the
	 requirements of 40 C.F.R. Part 258, as published on 56 Fed. Reg. 50,978 to
	 51,119, inclusive (October 9, 1991).
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:16 - Financial assurance › Section 74:27:16:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The board or secretary shall require as a condition of all MSWLF
	 permits, and may require as a condition of any other facility permit, a
	 financial assurance instrument in the form and amount prescribed by this
	 chapter or by the specific permit terms and conditions. The instrument must be
	 sufficient to ensure performance of the obligations imposed by SDCL chapter
	 34A-6 and any other environmental laws of this state. The secretary may
	 recommend a form and amount of financial assurance as a condition of permit on
	 a solid waste facility application.
An applicant for a non-MSWLF facility is not required to provide the
	 information required by this chapter and the secretary shall make no
	 recommendation for financial assurance for facilities not subject to the
	 requirements of SDCL
	 34A-6-1.11 pursuant to the
	 provisions of SDCL
	 34A-6-1.18.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.11,
		34A-6-1.12,
		34A-6-1.18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:16 - Financial assurance › Section 74:27:16:02 - Written estimate for closure costs

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a facility or applicant for a permit for a
	 proposed facility shall provide the secretary with a detailed written estimate,
	 in current dollars, of the cost of hiring a third party to close the facility
	 in accordance with the closure plan developed to satisfy the closure
	 requirements in §
									74:27:15:04. The estimate must
	 equal the cost of closing the facility at the point in its active life when the
	 extent and manner of its operation would make closure the most expensive, as
	 indicated by its closure plan. During the active life of the facility, the
	 owner or operator shall annually adjust the closure cost estimate for
	 inflation.
The owner or operator shall increase the closure cost estimate and the
	 board or secretary may increase the amount of financial assurance provided
	 under this chapter if changes to the closure plan or landfill conditions
	 increase the maximum cost of closure at any time over the active life of the
	 facility. The owner or operator may request a reduction in the amount of
	 financial assurance provided under this chapter if it can be demonstrated that
	 the cost estimate exceeds the maximum cost of closure at any time over the life
	 of the facility.
The owner or operator shall keep a copy of the latest closure cost
	 estimate at the facility or at a location approved by the secretary until the
	 secretary notifies the owner or operator of release from closure financial
	 assurance requirements under this chapter.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.11,
		34A-6-1.12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:16 - Financial assurance › Section 74:27:16:03 - Written estimate for postclosure care costs

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of an existing facility or the applicant for a
	 permit for a proposed facility shall provide the secretary with a detailed
	 written estimate, in current dollars, of the cost of hiring a third party to
	 perform the postclosure monitoring requirements in accordance with the
	 postclosure plan developed to satisfy the requirements of §
									74:27:15:09. The postclosure cost
	 estimate to demonstrate financial assurance is calculated by multiplying the
	 annual cost estimate of postclosure care by 30 years. During the active life of
	 the facility, the owner or operator shall annually adjust the postclosure cost
	 estimate for inflation.
The owner or operator shall increase the postclosure cost estimate and
	 the board or secretary may increase the amount of financial assurance provided
	 under this chapter if changes to the postclosure plan or facility conditions
	 increase the maximum cost of postclosure at any time over the postclosure life
	 of the facility. The owner or operator may request a reduction in the
	 postclosure cost estimate and the amount of financial assurance provided under
	 this chapter if it can be demonstrated that the cost estimate exceeds the
	 maximum cost of postclosure care at any time during the postclosure life of the
	 facility.
The owner or operator shall keep a copy of the latest postclosure cost
	 estimate at the facility or at a location approved by the secretary until the
	 secretary notifies the owner or operator of release from postclosure financial
	 assurance requirements under this chapter.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.11,
		34A-6-1.12.