reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:44 - Qualifications for Class II certification

Current through Register Vol. 51, page 10, July 15, 2024
All applicants for a Class II plant or system operator's certificate in
	 any operational category must meet the following qualifications of education
	 and experience:
(1) Completion of high
  school or the equivalent;
(2) Three
  years of experience in a Class I facility or two years in a Class II or higher
  facility; and
(3) Passing of the
  appropriate Class II examination.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-3,
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:45 - Qualifications for Class III certification

Current through Register Vol. 51, page 10, July 15, 2024
All applicants for a Class III plant or system operator's certificate
	 must meet the following qualifications of education and experience:
(1) Completion of two years of college or
  vocational school education majoring in engineering, environmental sciences, or
  related fields and four years of experience including at least two years of
  experience in a Class II or higher facility; or
(2) Completion of high school or the
  equivalent and six years of experience including at least three years of
  experience in a Class II or higher facility; and
(3) Passing of the appropriate Class III
  exam.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-3,
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:46 - Qualifications for Class IV certification

Current through Register Vol. 51, page 10, July 15, 2024
All applicants for a Class IV plant or system operator's certificate
	 must meet the following qualifications of education and experience:
(1) Completion of a four year degree at a
  college or vocational school majoring in environmental engineering,
  environmental sciences, or related fields and four years of experience
  including at least two years of experience in a Class III or higher facility;
  or
(2) Completion of high school or
  the equivalent and eight years of experience including at least four years of
  experience in a Class III or higher facility; and
(3) Passing of the appropriate Class IV
  exam.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-3,
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:47 - Substitutions for education requirements for operator certification

Current through Register Vol. 51, page 10, July 15, 2024
The following substitutions for education requirements may be used in
	 determining the qualifications of operators:
(1) The standard general education
  development test (GED) is the equivalent of completion of high
  school;
(2) One year of college or
  vocational education is 30 semester hours or 45 quarter hours. Forty-five
  continuing education units (CEU's) are comparable to one year of college
  credit;
(3) One year of operating
  experience may be substituted for two years of grade school or one year of high
  school education; and
(4)
  Experience credited as an equivalent of education may not be applied to the
  qualification of "experience," nor may education credited as an equivalent of
  experience be applied to the qualification of "education."
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-3,
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:48 - Definitions and substitutions for experience requirements for operator certification

Current through Register Vol. 51, page 10, July 15, 2024
The following definitions and substitutions for experience requirements
	 are used in determining the qualifications of operators:
(1) Experience is time spent at a plant or
  system in satisfactory performance of operational duties;
(2) At least 80 percent of experience
  requirements must be actual operating experience in a plant or
  system;
(3) One year of education
  above the high school level may be substituted for one year of experience, up
  to a maximum of 50 percent of the experience requirements; and
(4) Acceptable operation includes only work
  involved in operations. Reports made by personnel of the Department of
  Environment and Natural Resources are used as a basis for determining whether
  or not operation is satisfactory.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-3,
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:49 - Examinations

Current through Register Vol. 51, page 10, July 15, 2024
The following apply to examinations for certification:
(1) Written examinations shall be used to
  determine knowledge, ability, and judgment of the applicant;
(2) Examinations shall be held at places and
  times set by the secretary;
(3) All
  examinations shall be held on the day announced; however, the secretary may
  grant special examinations at other times when justified by hardship or good
  cause. All examinations shall be graded and the applicants notified of the
  results. Examination papers are not returned to the applicant, but the
  applicant may review the results with a member of the Department of Environment
  and Natural Resources upon request;
(4) Separate examinations shall be prepared
  for each operational category and classification; and
(5) The passing grade for all examinations is
  an overall grade of 70 out of a possible 100.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-15.
Operational categories of plants and systems, §
											74:21:02:38; Classes of plants and
		systems, §
											74:21:02:39.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:50 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
The following fee schedule applies to certification examinations and to
	 renewal fees:
(1) The fee to take a
  certification examination is $10;
(2) The annual certificate renewal fee is $6
  per certificate.
Fees from applicants who take the examination but are later determined
	 to be ineligible may not be returned. Fees from eligible candidates who fail
	 the examination may not be returned.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:51 - Certificate issued upon fulfillment of requirements

Current through Register Vol. 51, page 10, July 15, 2024
Upon satisfactory fulfillment of the requirements in this chapter and
	 upon recommendation of the board, the secretary shall issue a certificate to
	 the applicant designating the applicant's competence. The certificate shall
	 indicate the class and type of plant or system which the applicant is qualified
	 to operate.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:52 - Annual certificate renewal

Current through Register Vol. 51, page 10, July 15, 2024
Certificates expire on the first day of February each year. All
	 operators shall apply for renewal of their current certificates. Certificates
	 shall be renewed by payment of the applicable fee as set forth in §
									74:21:02:50 unless they are not
	 renewable under §
									74:21:02:53, replaced by one of a
	 higher grade, or revoked or suspended under §
									74:21:02:57. Renewal receipts
	 shall be issued by the secretary upon receipt of the renewal fee.
Criteria for yearly renewal shall include the operator's attendance at
	 seminars, training courses, technical conferences, or related college courses
	 approved by the board's secretary. An operator holding only one certificate,
	 which is a Class I or II certificate, is required to have 10 contact hours or
	 one continuing education unit (CEU) in the three years prior to the renewal
	 date. An operator holding only one certificate, which is a Class III or IV
	 certificate, is required to have 20 contact hours or two CEUs in the three
	 years prior to the renewal date. If an operator has more than one certificate
	 and all certificates are Class I and II certificates, the operator is required
	 to have 15 contact hours or 1.5 CEUs in the three years prior to the renewal
	 date. If an operator has more than one certificate and at least one of those
	 certificates is a Class III or IV certificate, the operator is required to have
	 30 contact hours or three CEUs in the three years prior to the renewal
	 date.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-17.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:53 - Renewal of expired certificate

Current through Register Vol. 51, page 10, July 15, 2024
An individual whose certificate has expired because of failure to apply
	 for renewal may be issued a new certificate of like classification provided the
	 individual applies for renewal to the secretary within two years after the date
	 of expiration and the appropriate fee is paid. Failure to renew a certificate
	 for two years following the date of expiration prevents further renewal without
	 reapplication, payment of fee, and reexamination.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-17.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:54 - Certification at a higher grade

Current through Register Vol. 51, page 10, July 15, 2024
Certified operators who desire to become certified in a higher grade
	 must satisfactorily complete the eligibility requirements and examination for
	 the higher grade before a certificate will be issued.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:55 - Certificate valid for a period of time after unemployment

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of an individual who was not employed as an operator
	 upon certification or who terminates employment as an operator of a water
	 treatment plant, water distribution system, wastewater treatment plant, or
	 wastewater collection system may be renewed in February of the next two years
	 upon payment of the annual renewal fee. After two such renewals the certificate
	 may no longer be renewed unless the individual is employed in the water and
	 wastewater occupational field. An individual who desires reinstatement after
	 expiration shall follow the procedures for initial
	 certification.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-17.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:56 - Agreements for reciprocal certification

Current through Register Vol. 51, page 10, July 15, 2024
Certificates of an equivalent grade may be issued, without examination,
	 to any person who holds a certificate in any state, territory, possession of
	 the United States, or any foreign country, or from the Association of Boards of
	 Certification provided that the education and experience requirements for
	 taking an exam and certification of operators under which the person's
	 certificate was issued do not conflict with the provisions of SDCL 34A-3 and
	 are of a standard not lower than those in this article and that reciprocal
	 privileges are granted to South Dakota certified operators by the Association
	 of Boards of Certification, state, territory, possession, or
	 country.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:57 - Suspension of revocation of certificate

Current through Register Vol. 51, page 10, July 15, 2024
After a hearing before the board and upon its recommendation, the
	 secretary may suspend or revoke the certificate of an operator for any of the
	 following reasons:
(1) The operator
  has practiced fraud or deception, has falsified operating records, has been
  guilty of operator negligence, or has submitted inaccurate data on
  qualifications;
(2) The operator
  does not meet the education and experience qualifications required for a
  certificate;
(3) Reasonable care,
  judgment, or the application of knowledge was not used in the performance of
  the operator's duties;
(4) The
  operator is incompetent or unable to perform the operator's duties;
  or
(5) The operator does not
  perform duties in a manner that meets water or wastewater system compliance
  requirements of state or federal water and wastewater laws and regulations.
Appeal from the action of the secretary may be made as provided by SDCL
	 chapter 1-26.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-20,
		34A-3-21,
		34A-3-22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:58 - Classification increase based on population equivalent figures

Current through Register Vol. 51, page 10, July 15, 2024
Plants or systems with a high population equivalent shall be placed in
	 a water treatment or wastewater treatment classification higher than that
	 indicated by actual population alone.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:59 - Census used to determine population served by plant or system

Current through Register Vol. 51, page 10, July 15, 2024
If the population equivalent data are not available or are not higher
	 than the actual population, the census taken each decade or a special census
	 taken by the United States bureau of census shall be used to determine the
	 population served by a water treatment plant, water distribution system,
	 wastewater treatment plant, or wastewater collection system. A system may
	 determine an actual population count served by the system or
	 plant.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:62 - Classification of Class I plants and systems

Current through Register Vol. 51, page 10, July 15, 2024
Plants and systems shall be classified Class I in accordance with
	 §§
									74:21:02:39,
	 74:21:02:60, and 74:21:02:61 as
	 follows:
(1) Wastewater collection
  systems and water distribution systems serving a population not over 1,500
  persons; and
(2) Wastewater
  treatment plants and water treatment plants not over 30 points.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:63 - Classification of Class II plants and systems

Current through Register Vol. 51, page 10, July 15, 2024
Plants and systems shall be classified Class II in accordance with
	 §§
									74:21:02:39,
	 74:21:02:60, and 74:21:02:61 as
	 follows:
(1) Wastewater collection
  systems and water distribution systems serving a population over 1,500 but not
  over 15,000 persons; and
(2)
  Wastewater treatment plants and water treatment plants over 30 points but not
  over 55 points.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:64 - Classification of Class III plants and systems

Current through Register Vol. 51, page 10, July 15, 2024
Plants and systems shall be classified Class III in accordance with
	 §§
									74:21:02:39,
	 74:21:02:60, and 74:21:02:61 as
	 follows:
(1) Wastewater collection
  systems and water distribution systems serving a population over 15,000 but not
  over 50,000 persons; and
(2)
  Wastewater treatment plants and water treatment plants over 55 points but not
  over 75 points.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:65 - Classification of Class IV plants and systems

Current through Register Vol. 51, page 10, July 15, 2024
Plants and systems shall be classified Class IV in accordance with
	 §§
									74:21:02:39,
	 74:21:02:60, and 74:21:02:61 as
	 follows:
(1) Wastewater collection
  systems and water distribution systems serving a population over 50,000
  persons; and
(2) Wastewater
  treatment plants and water treatment plants over 75 points.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:66 - "In-line" treatment is part of systems

Current through Register Vol. 51, page 10, July 15, 2024
Simple "in-line" treatment, such as booster pumping or preventive
	 chlorination or odor control, is considered an integral part of a water
	 distribution or wastewater collection system.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:67 - Board approval of contract operators

Current through Register Vol. 51, page 10, July 15, 2024
A system may satisfy the requirements for a certified operator under
	 chapter 34A-3 by agreement with a contract operator if the contract conforms
	 with the provisions of §§
									74:21:02:68 and
	 74:21:02:69 and has been approved
	 by the board. The system shall file with the secretary of the board at least 21
	 days before the next regularly scheduled board meeting a request for approval
	 of a contract operator together with a copy of the contract and proof of
	 compliance with §§
									74:21:02:68 and
	 74:21:02:69. The secretary shall
	 add the matter to the agenda of that board meeting and shall provide written
	 notice of the meeting to the system and the contract operator at least 14 days
	 before the meeting. If the board finds the proposal to conform with
	 §§
									74:21:02:68 and
	 74:21:02:69, it shall approve the
	 contract only for compliance with SDCL chapter 34A-3.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2 to
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:68 - Contract provisions

Current through Register Vol. 51, page 10, July 15, 2024
A contract for system operation pursuant to §
									74:21:02:67 must contain the
	 following provisions which shall be considered by the board in granting or
	 denying approval:
(1) The parties
  involved, including names, addresses, and phone numbers of each;
(2) The specific starting and expiration
  dates of the contract;
(3) The
  minimum number of visits each month and the minimum time of each visit to be
  spent on-site by the contract operator;
(4) The duties and responsibilities of each
  party involved; and
(5) The
  signature of each party to the contract.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2 to
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:69 - Contract operator qualifications

Current through Register Vol. 51, page 10, July 15, 2024
A contract operator under §
									74:21:02:67 must meet the
	 following criteria:
(1) Hold valid
  certificates of the class and category for which the system is
  contracting;
(2) Reside so as to
  allow response time of not to exceed one hour;
(3) Be on call 24 hours a day and able to be
  on-site in emergencies; and
(4) Be
  on-site at least once a week or more as considered necessary by the board based
  on the technical nature of the system to be operated.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2 to
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:70 - Additional water system operators requiring certification

Current through Register Vol. 51, page 10, July 15, 2024
Any water system operator making process control or system integrity
	 decisions about water quality or quantity that affect public health must be
	 certified at any level. A designated operator who is certified at a level
	 equivalent to the classification of the plant or system must be available for
	 each operating shift.
General Authority:
SDCL
		34A-3-4.1,
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2,
		34A-3-3,
		34A-3-4,
		34A-3-4.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:71 - Special Class I systems

Current through Register Vol. 51, page 10, July 15, 2024
Any wastewater treatment system classified as Class I that serves 500
	 or more people using only stabilization ponds must be under the supervision of
	 an operator who has been certified as a Class I Stabilization Pond or Class I
	 (or higher) Wastewater Treatment Operator. The wastewater collection system for
	 these systems must be under the supervision of an operator who has been
	 certified as a Class I (or higher) Wastewater Collection Operator.
Groundwater systems classified as Class I that serve less than 500
	 people that do not treat the water must be under the supervision of an operator
	 who has been certified as a Class I Very Small Water System Operator or a Class
	 I (or higher) Water Distribution Operator.
Groundwater systems classified as Class I that serve less than 500
	 people that treat the water must be under the supervision of an operator who
	 has been certified as a Class I Small Water Treatment System or Class I (or
	 higher) Water Treatment Operator. The distribution system for these systems
	 must be under the supervision of an operator who has been certified as a Class
	 I (or higher) Water Distribution Operator.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2,
		34A-3-3,
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:07 - Administration › Section 74:27:07:02 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The provisions contained in this article apply to any person involved
	 in any aspect of the management of solid waste, including recycling,
	 processing, transporting, storing, or disposing of solid
	 waste.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.14,
		34A-6-1.18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:07 - Administration › Section 74:27:07:03 - Phase-in period for existing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Existing facilities must comply with the provisions of chapters
	 74:27:03, 74:27:07 to 74:27:09, inclusive, 74:27:11, and 74:27:17. Existing
	 facilities must comply with the applicable provisions of chapters 74:27:12 to
	 74:27:15, inclusive, and 74:27:19 to 74:27:21, inclusive, on October 9, 1993.
	 Facilities operating on October 9, 1993, must comply with chapter 74:27:16 on
	 April 9, 1994.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.11.
Law Implemented:
SDCL
		34A-6-1.4,
		34A-6-1.14,
		34A-6-1.18,
		34A-6-1.37.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:07 - Administration › Section 74:27:07:03.01 - Applicability for new facilities

Current through Register Vol. 51, page 10, July 15, 2024
New facilities must comply with the applicable provisions of chapters
	 74:27:07 to 74:27:21, inclusive.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.11.
Law Implemented:
SDCL
		34A-6-1.4,
		34A-6-1.14,
		34A-6-1.18,
		34A-6-1.37.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:07 - Administration › Section 74:27:07:04 - No exemptions from federal laws and rules

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this article do not exempt any facility from
	 compliance with any provisions of federal rules or laws or other requirements
	 by any agency of the United States government.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.34,
		34A-6-1.37.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:01 - Permits required - Applications

Current through Register Vol. 51, page 10, July 15, 2024
A person may not construct or operate a facility until the person has
	 applied for and obtained a valid permit from the board or secretary. Permits
	 are required before construction begins. Applications shall be made on forms
	 provided by the secretary and shall address the requirements of chapter
	 74:27:09.
Application forms may be obtained from and completed applications shall
	 be submitted to:
Department of Environment and Natural Resources
Division of Environmental Regulation
Foss Building
523 East Capitol Avenue
Pierre, South Dakota 57501
(605) 773-3153
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.4,
		34A-6-1.6,
		34A-6-1.8.
Note:
Fees, §
											74:27:08:03.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:02 - Categories of facilities

Current through Register Vol. 51, page 10, July 15, 2024
Facilities are divided into the following categories:
(1) Type I facilities are those facilities
  that receive more than 150,000 tons of solid waste each year;
(2) Type IIA facilities are those facilities
  that receive between 25,000 tons and 150,000 tons of solid waste each
  year;
(3) Type IIB facilities are
  those facilities that receive between 5,000 tons and 24,999 tons of solid waste
  each year;
(4) Type III facilities
  are those facilities that receive between 500 tons and 4,999 tons of solid
  waste each year; and
(5) Type IV
  facilities are those facilities that receive less than 500 tons of solid waste
  each year.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:03 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
Each permit application shall be accompanied by the proper application
	 fee as follows:
Type I Facilities...................................... $5000
Type IIA and IIB Facilities.................... $ 500
Type III Facilities................................... $ 250
Type IV Facilities.................... No fee
	 required
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:04 - Compliance with state, federal, and local requirements

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall comply with all applicable state, federal, and
	 local laws and ordinances.
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 74:27:08 - Solid waste permit procedures › Section 74:27:08:05 - Presubmission meetings

Current through Register Vol. 51, page 10, July 15, 2024
An applicant proposing to construct a new Type I or IIA facility shall
	 schedule a presubmission meeting with the secretary at least 30 days before
	 submittal of the Phase I application. Other applicants may schedule meetings
	 with the secretary to discuss general and technical application requirements,
	 including the site characterization required by chapter 74:27:12, in advance of
	 permit application preparation.
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 74:27:08 - Solid waste permit procedures › Section 74:27:08:05.01 - Preapplication - Public information meeting

Current through Register Vol. 51, page 10, July 15, 2024
An applicant proposing to construct a new Type I or IIA facility shall
	 schedule a public information meeting prior to the presubmission meeting
	 required by §
									74:27:08:05. The applicant shall
	 present information regarding the proposed facility and take public comment on
	 the proposed facility. A notice of the public information meeting must be
	 published in the official newspapers of the county in which the proposed
	 facility is to be located at least 20 days before the meeting date and must
	 contain the following information:
(1)
  The name, address, and phone number of the applicant;
(2) A description of the proposed facility,
  including the types and sources of solid waste to be accepted;
(3) The legal description of the proposed
  facility's location; and
(4) The
  date, time, and location of the meeting.
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 74:27:08 - Solid waste permit procedures › Section 74:27:08:06 - Phase I application for new Type I and IIA facilities

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a new Type I or IIA facility shall submit a Phase I
	 application. The secretary shall determine if a permit application may proceed
	 by:
(1) Evaluating the Phase I
  application;
(2) Conducting a
  feasibility inspection of the proposed location; and
(3) Conducting a background investigation to
  determine the applicant's reputation, qualifications, and experience.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:07 - Review of Phase I applications for new Type I and IIA facilities

Current through Register Vol. 51, page 10, July 15, 2024
Within 90 days from the receipt of a Phase I application and fee, the
	 secretary shall conduct a review and decide on the Phase I application. Based
	 on the secretary's review of the Phase I application, the inspection, and the
	 investigation, the secretary shall notify the applicant either that the permit
	 application may proceed or that the permit application may not proceed because
	 the secretary has determined that the Phase I application is inadequate or
	 incomplete, that the location is unsuitable for development of a solid waste
	 facility, or that the results of the background investigation show the
	 applicant to be unworthy as described in SDCL
	 34A-6-1.13. The applicant shall
	 be informed of the reasons for a decision that a permit application may not
	 proceed.
The applicant may, for any Phase I application or proposed location
	 determined to be unsuitable, collect and supply to the secretary additional
	 information relating to the proposed location and its suitability as a solid
	 waste facility. If the secretary fails to decide on the Phase I application as
	 provided by this section, the applicant may proceed with the application as
	 provided for by this chapter.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:08 - Effect of rejection of Phase I application

Current through Register Vol. 51, page 10, July 15, 2024
If, for any reason, the Phase I application is determined by the
	 secretary to be unsuitable and no additional information is supplied by the
	 applicant to support the development of a facility, the secretary shall reject
	 the Phase I application, the application process shall cease, and the secretary
	 shall deny the application. The application fee is nonrefundable. The applicant
	 may appeal the rejection of a Phase I application to the board as provided by
	 this article and SDCL
	 34A-6-1.14. The scope of the
	 hearing before the board is limited to those items upon which the secretary's
	 rejection was based. If the board finds the secretary improperly rejected the
	 Phase I application, the board shall direct the secretary to allow the
	 applicant to file its application.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
Procedures -- Board of minerals and environment, art
		74:09.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:09 - Time to apply for new facilities

Current through Register Vol. 51, page 10, July 15, 2024
A person proposing to construct a new Type I or IIA facility must
	 submit a Phase I application for a solid waste permit at least 270 days before
	 the proposed date on which construction of the facility is to begin. A person
	 proposing to construct any other facility must submit an application for a
	 solid waste permit at least 180 days before the proposed date on which
	 construction of the facility is to begin. An additional 180 days may be
	 required if an applicant is directed by the secretary to prepare an
	 environmental impact statement (EIS) pursuant to SDCL
	 34A-9-4.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.4,
		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 74:27:08 - Solid waste permit procedures › Section 74:27:08:10 - Time to apply for permit amendment

Current through Register Vol. 51, page 10, July 15, 2024
A solid waste permit may be amended at any time by submittal of an
	 application by the applicant or by filing a petition by the secretary or a
	 member of the board. The application or petition shall specify the requested
	 modification and the reasons for it. An application to amend a permit for a
	 facility expansion must be submitted to the secretary within 180 days before
	 the proposed date on which construction for the expansion is to begin. All
	 other applications to amend a permit must be submitted at least 90 days before
	 the proposed date on which changes are to be implemented. Applications for
	 permit amendments must be in the form required to chapter 74:27:09 and are
	 subject to the application fees in §
									74:27:08:03.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.4, SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14,
34A-6-1.15, 34A-6-1.16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:11 - Time to apply for permit renewal

Current through Register Vol. 51, page 10, July 15, 2024
An application for renewal of a solid waste permit must be submitted at
	 least 90 days before the expiration date. Applications for permit renewals must
	 be in the form required by chapter 74:27:09 and are subject to the same
	 application fee listed in §
									74:27:08:03.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.4,
		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 74:27:08 - Solid waste permit procedures › Section 74:27:08:12 - Permit application - Completeness review

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall conduct a completeness review of each permit
	 application received as follows:
(1)
  Within 90 days after submission of an application or amendment for a Type IIB,
  III, or IV facility, within 90 days after completion of a Phase I application
  for a Type I or IIA facility, or within 30 days after submission of a renewal,
  the secretary shall notify the applicant in writing whether the application is
  complete;
(2) If the application is
  incomplete, the secretary shall identify the items required to complete the
  application; and
(3) The secretary
  shall determine the adequacy of the applicant's response to each incomplete
  item within 15 days after receipt of the response.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:13 - Permit application - Technical review

Current through Register Vol. 51, page 10, July 15, 2024
When the application is determined to be complete, the secretary shall
	 conduct a review to determine its technical adequacy and its compliance with
	 all applicable standards and laws. The secretary shall complete the technical
	 review within 90 days after the determination of the completeness of an initial
	 application, unless the secretary determines that an environmental impact
	 statement (EIS) pursuant to SDCL
	 34A-9-4 is required. If the
	 secretary determines that an EIS is required, the secretary shall complete the
	 technical review within 90 days after the final EIS is completed. The secretary
	 shall complete the technical review within 60 days after determination of the
	 completeness of a renewal application.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:14 - Secretary's recommendation

Current through Register Vol. 51, page 10, July 15, 2024
Based on the technical review, the secretary shall mail a written
	 recommendation of approval, approval with conditions, or denial of the
	 application to the applicant within the 90-day technical review period. A
	 recommendation to deny the application shall include an explanation of the
	 reasons for denial. A recommendation to approve the application shall include
	 any proposed permit conditions. If the secretary has not made a recommendation
	 within 270 days on an application for Type I or IIA facilities, within 180 days
	 on an application for all other facilities, or within 90 days on an application
	 for permit renewal, the applicant may petition the board for a contested case
	 hearing. The petition must conform to the requirements of article
	 74:09.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:15 - Permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
The recommendation of the secretary shall specifically state all
	 proposed terms and conditions. The board or secretary may impose conditions on
	 a permit as necessary to ensure compliance with this article, SDCL title 34A,
	 or any other environmental laws of this state.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.13,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:16 - Public notice of secretary's recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall instruct an official newspaper in the county in
	 which the facility is to be located to publish a notice of the secretary's
	 recommendation on the permit application, amendment, or renewal. The secretary
	 shall mail the instructions to the newspaper at the same time the
	 recommendation is mailed to the applicant. The secretary shall publish the
	 notice once. The notice shall include the name and address of the applicant;
	 the location and nature of the facility; the type, source, and amount of waste
	 to be handled by the facility; the secretary's recommendation on the permit
	 application including explanations and any proposed permit conditions; and
	 information on intervention procedures. It shall also state that the
	 recommendation will be the final decision on the permit application if a
	 petition for hearing is not filed within 30 days after the publication of the
	 notice of recommendation.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:17 - Procedure for contesting secretary's recommendation

Current through Register Vol. 51, page 10, July 15, 2024
A hearing may be held on an application only if a petition requesting a
	 hearing is filed by the secretary, any member of the board, the applicant, or
	 an interested person within 30 days after the publication of the notice and
	 recommendation. Petitions for hearing must conform to the contested case
	 procedures of article 74:09. If a petition for contested case hearing is not
	 filed on time, the recommendation of the secretary becomes the final decision
	 on the application.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.13,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:18 - Hearings

Current through Register Vol. 51, page 10, July 15, 2024
The board shall schedule a hearing on the permit application upon
	 receipt of a petition complying with the requirements of chapter 74:09:01. The
	 hearing shall be held no later than 60 days after the receipt of the last
	 timely petition unless a later hearing date is agreed to by all parties, or as
	 ordered by the board.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.13,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:19 - Application amendments prohibited after publication

Current through Register Vol. 51, page 10, July 15, 2024
The applicant may not change or amend a permit application after the
	 publication of the notice containing the secretary's recommendation on the
	 application.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:20 - Continuances

Current through Register Vol. 51, page 10, July 15, 2024
A party in a hearing may request a continuance of a hearing as provided
	 in article 74:09.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.8,
		34A-6-1.14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:08 - Solid waste permit procedures › Section 74:27:08:21 - Permit transfers

Current through Register Vol. 51, page 10, July 15, 2024
Permits granted pursuant to this article may be transferred with the
	 approval of the board. Applications for the transfer must demonstrate that the
	 transferee will comply with all terms and conditions of the permit and that the
	 transferee satisfies the criteria specified in SDCL
	 34A-6-1.13. The secretary shall
	 make a recommendation to the board on the application for transfer within 60
	 days after receipt and shall publish the recommendation as provided in §
									74:27:08:16. The board shall
	 conduct any contested cases on transfers in the manner specified for contested
	 cases in article 74:09 and this chapter.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.14.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.14.