reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:16 - Financial assurance › Section 74:27:16:04 - Written estimate for environmental remediation

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 may be required to provide the secretary with a
	 detailed written estimate, in current dollars, of the cost of hiring a third
	 party to remediate a credible occurrence of environmental damage caused in the
	 operation, closure, or postclosure of the solid waste facility.
The cost estimate for each phase of postclosure care must be based on
	 the most expensive costs of remediation of a credible occurrence causing
	 environmental damage. During the active life of the solid waste facility, the
	 owner or operator must annually adjust the environmental remediation estimate
	 for inflation.
The owner or operator must increase the environmental remediation
	 estimate and the secretary may increase the amount of financial assurance
	 provided under this chapter if changes to the facility increase the maximum
	 cost of environmental remediation at any time over the active life of the solid
	 waste 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 must keep a copy of the latest environmental
	 remediation estimate at the facility until the owner or operator has been
	 notified by the secretary of release from the environmental remediation
	 financial assurance requirements of 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 74:27:16:04.01 - Written estimate for corrective action

Current through Register Vol. 51, page 10, July 15, 2024
Upon discovery that a corrective action is required by §
									74:27:21:01, the owner or operator
	 shall provide the secretary with a detailed written estimate, in current
	 dollars, of the cost of hiring a third party to accomplish the corrective
	 action plan developed to satisfy the requirements of chapter 74:27:21. During
	 the corrective action, the owner or operator shall annually adjust the cost
	 estimate for inflation or as new information becomes
	 available.
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 74:27:16:05 - Financial assurance mechanism

Current through Register Vol. 51, page 10, July 15, 2024
A financial assurance mechanism is required for closure activities,
	 postclosure care activities, and any corrective action required by chapter
	 74:27:21. In addition, the owner or operator may be required to provide a
	 financial assurance mechanism for environmental remediation activities, as
	 required by §
									74:27:16:04. The owner or operator
	 may chose one or more of the following mechanisms, which comply with the
	 provisions of 40 C.F.R. Part 258.74, as published on 56 Fed. Reg. 51,030 to
	 51,032, inclusive (October 9, 1991), to satisfy the provisions of this
	 chapter:
(1) Trust fund;
(2) Security bond guaranteeing payment or
  performance;
(3) Letter of
  credit;
(4) Insurance; or
(5) Cash.
The board or secretary may approve an alternative form of financial
	 assurance if the alternative form complies with the applicable provisions of
	 this chapter.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		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 74:27:16:06 - Access to financial assurance by the board or secretary

Current through Register Vol. 51, page 10, July 15, 2024
Upon a written finding by the board or secretary that the owner or
	 operator of a facility has failed to perform any of the obligations imposed by
	 this article, SDCL chapter 34A-6, or the other environmental laws of this state
	 in regard to operational performance, closure, postclosure, corrective action,
	 or environmental remediation, the board or secretary shall have access to the
	 resources provided by the financial assurance provided for under this chapter.
	 The finding and a summary of the actions of the secretary in regard to the
	 financial assurance shall be served on the owner or operator. The secretary may
	 spend the amounts of the financial assurance that are reasonable and necessary
	 in order to perform the obligations of the owner or operator. The owner or
	 operator may contest the secretary's finding and the actions of the secretary
	 in accessing the financial assurance by filing a petition with the board as
	 provided for under article 74:09. Within 30 days after receipt of a petition
	 contesting access to the financial assurance, the board shall hold a hearing
	 regarding the secretary's finding and the action of the secretary. The
	 determination of the board or secretary may be appealed as provided for under
	 chapter 1-26.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		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 74:27:17 - Collection, transportation, storage, and processing › Section 74:27:17:01 - Minimum requirements for collection, transportation, storage, and processing of wastes

Current through Register Vol. 51, page 10, July 15, 2024
A person may not collect, transport, store, or process solid waste in a
	 manner which poses a direct or deleterious threat to public health or to the
	 quality of the environment. At a minimum, management of solid wastes may
	 not:
(1) Contribute to the
  proliferation of any disease vector;
(2) Cause or contribute to air
  pollution;
(3) Cause or contribute
  to surface water or groundwater pollution; or
(4) Cause or contribute to littering as
  defined by SDCL
  34A-7-1(5),
  cause or contribute to pollution of lands, reduce aesthetic quality, or be a
  detriment in any other way to public health or the environment.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.4,
		34A-6-1.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:17 - Collection, transportation, storage, and processing › Section 74:27:17:02 - Local governments responsible for waste management

Current through Register Vol. 51, page 10, July 15, 2024
Standards and responsibilities for frequency of collection,
	 specifications, and maintenance of transfer stations receiving less than 500
	 tons of solid waste per year, standards for collection vehicles, and
	 transportation of wastes to permitted facilities shall be defined by the local
	 or regional person responsible for waste management. Local governmental
	 agencies shall ensure compliance with department rules by each solid waste
	 facility under their jurisdiction.
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 74:27:17 - Collection, transportation, storage, and processing › Section 74:27:17:03 - Intrastate transportation of solid waste

Current through Register Vol. 51, page 10, July 15, 2024
Intrastate methods of transportation of solid waste shall prevent the
	 release of solid waste enroute to 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 74:27:18 - Statewide comprehensive solid waste management plan, Deleted

Current through Register Vol. 51, page 10, July 15, 2024
At the request of the Department of Environment and Natural Resources,
	 the Legislative Research Council deleted Chapter 74:27:18, Statewide
	 Comprehensive Solid Waste Management Plan and Appendix A, effective April 15,
	 2013, pursuant to SDCL
	 1-26-8.1 and
	 1-26A-1. The authority to
	 promulgate this rule was repealed by SL 2012, ch 215,
	 §31, thus the rule is
	 deemed obsolete by operation of law.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:19 - Groundwater monitoring › Section 74:27:19:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all MSWLFs. The secretary may require other
	 facilities to comply with the applicable provisions of this
	 chapter.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:19 - Groundwater monitoring › Section 74:27:19:02 - Phase-in period

Current through Register Vol. 51, page 10, July 15, 2024
New facilities must meet the applicable provisions of this chapter
	 prior to the receipt of solid waste. Existing and lateral expansions of Type I
	 and Type II MSWLFs must comply with the applicable provisions of this chapter
	 by October 9, 1994. Existing Type IIB, Type III, and Type IV MSWLFs and lateral
	 expansions of existing Type III and Type IV MSWLFs must meet the applicable
	 provisions of this chapter by October 9, 1995.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:19 - Groundwater monitoring › Section 74:27:19:03 - Detection monitoring systems

Current through Register Vol. 51, page 10, July 15, 2024
Groundwater monitoring systems must be located and designed to
	 determine the ambient ground water quality and to detect the migration of
	 leachate constituents from a facility. The monitoring system must be designed
	 and installed under the supervision of a qualified groundwater scientist or
	 engineer licensed to do business in South Dakota and is subject to approval by
	 the secretary. A groundwater scientist or engineer shall certify that the
	 groundwater monitoring system meets the requirements of 40 C.F.R. Part 258, as
	 published on 56 Fed. Reg. 51,022 to 51,028, inclusive (October 9, 1991).
A sufficient number of wells must be located upgradient and
	 downgradient of the waste disposal areas to ensure detection of contaminant
	 migration. At least three wells must be located immediately downgradient of the
	 waste disposal areas. Monitoring wells may be placed individually or in
	 clusters.
Monitoring wells must be installed by a well driller licensed in South
	 Dakota and must meet the design and construction requirements of chapter
	 74:02:04.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:19 - Groundwater monitoring › Section 74:27:19:04 - Detection monitoring parameters

Current through Register Vol. 51, page 10, July 15, 2024
The designated detection monitoring parameters shall ensure an accurate
	 representation of groundwater quality at the upgradient and downgradient wells.
	 At a minimum, groundwater parameters must conform to the monitoring parameters
	 listed in 40 C.F.R. Part 258, Appendix I, as published on Fed. Reg. 51,032 and
	 51,033 (October 9, 1991).
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:19 - Groundwater monitoring › Section 74:27:19:05 - Detection monitoring frequency

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall monitor parameters semiannually during the
	 active life of the facility and throughout the postclosure period, with at
	 least one sample being collected and analyzed from each designated monitoring
	 well during subsequent sampling events.
The owner or operator shall collect a minimum of four independent
	 samples from each monitoring well and analyze them for ambient groundwater
	 quality during the first semiannual sampling period. No two samples may be
	 collected in the same month.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:19 - Groundwater monitoring › Section 74:27:19:06 - Detection monitoring procedures

Current through Register Vol. 51, page 10, July 15, 2024
Monitoring is required at all monitoring wells installed in conformance
	 with §
									74:27:19:03. The owner or operator
	 shall measure static groundwater elevation at each monitoring well to within
	 0.01 foot before each sampling event. Sampling procedures must comply with
	 §
									74:54:01:06 except that field
	 filtering is not allowed.
The owner or operator shall notify the secretary within 14 calendar
	 days after monitoring detects a statistically significant increase over ambient
	 groundwater levels. If the owner or operator demonstrates according to 40
	 C.F.R. Part 258, as published on 56 Fed. Reg. 51,022 to 51,028, inclusive
	 (October 9, 1991) that a source other than the facility caused the
	 contamination, detection monitoring may continue. If the owner or operator
	 cannot demonstrate that a source other than the facility caused the
	 contamination, the owner or operator shall initiate an assessment monitoring
	 program required by chapter 74:27:20 within 90 days.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:19 - Groundwater monitoring › Section 74:27:19:07 - Variances

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator may adjust the monitoring parameters required by
	 §
									74:27:19:04, the monitoring
	 frequencies required by §
									74:27:19:05, and the monitoring
	 procedures required by §
									74:27:19:06 on a site-specific
	 basis with prior approval by the secretary. In no case may the monitoring
	 frequency be less than once a year during the detection monitoring period.
	 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-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:01 - Applicability of requirements

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all facilities required to monitor groundwater
	 pursuant to chapter 74:27:19 which have detected a statistically significant
	 increase in concentration of one or more parameters specified in §
									74:27:19:04 over ambient
	 groundwater quality as determined by §
									74:27:19:05. The owner or operator
	 shall notify the secretary in writing within 14 calendar days after initiation
	 of assessment monitoring.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:02 - Sampling required

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall initially sample all designated
	 downgradient wells within 90 days after determination that an assessment
	 monitoring program is required by §
									74:27:20:01. At a minimum, the
	 initial sampling must include all parameters specified in 40 C.F.R. Part 258,
	 Appendix II, as published on 56 Fed. Reg. 51,033 to 51,039, inclusive (October
	 9, 1991). Sampling frequency must be at least semiannually for all Appendix I
	 parameters and those Appendix II parameters detected as a result of the
	 assessment monitoring. In addition, the owner or operator shall sample all
	 Appendix II parameters annually.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:03 - Establishment of ambient water quality

Current through Register Vol. 51, page 10, July 15, 2024
For any parameter detected in the initial assessment sampling described
	 in §
									74:27:20:02, the owner or operator
	 shall collect and analyze samples from each designated monitoring well to
	 establish ambient groundwater quality by collecting a minimum of four samples
	 over a six-month period with no two samples being collected in the same
	 month.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:04 - Additional monitoring wells required

Current through Register Vol. 51, page 10, July 15, 2024
Upon determination that assessment monitoring is required by §
									74:27:20:01, the secretary may
	 require additional monitoring wells at the relevant point of compliance or at
	 any other location necessary to begin to characterize the nature and extent of
	 the release. The sampling frequency of these wells is determined by §
									74:27:20:02.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:05 - Termination of assessment monitoring

Current through Register Vol. 51, page 10, July 15, 2024
With the secretary's approval, the owner or operator may terminate
	 assessment monitoring and return to detection monitoring specified in chapter
	 74:27:19 if the concentration of all parameters specified by §
									74:27:20:02 is at or below ambient
	 groundwater quality for two or more consecutive sampling events in all
	 designated monitored wells. The owner or operator shall notify the secretary in
	 writing 30 days before termination of assessment monitoring.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:06 - Groundwater protection - Notification

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall notify the secretary in writing within 14
	 days calendar days if any groundwater protection standard specified in §
									74:54:01:04 is
	 exceeded.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:07 - Establishment of groundwater protection standards

Current through Register Vol. 51, page 10, July 15, 2024
The groundwater protection standards for all parameters specified in 40
	 C.F.R. Part 258, Appendix II, as published on 56 Fed. Reg. 51,033 to 51,039,
	 inclusive (October 9, 1991) are the standards specified in §
									74:54:01:04. If no standards have
	 been established pursuant to §
									74:54:01:04, the ambient
	 concentration becomes the groundwater protection standard.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:08 - Third-party assessment

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may require all sampling activities required by chapter
	 74:27:20 to be conducted by an independent third-party groundwater scientist or
	 engineer licensed to conduct business in South Dakota.
General Authority:
SDCL
		34A-6-1.6.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:20 - Assessment monitoring › Section 74:27:20:09 - Variances

Current through Register Vol. 51, page 10, July 15, 2024
The board of secretary may grant variances on site-specific basis to
	 the provisions of this chapter only as listed in this section. Demonstrations
	 for variances must meet the requirements of 40 C.F.R. Part 258, as published on
	 56 Fed. Reg. 51,022 to 51,028, inclusive (October 9, 1991). The secretary may
	 take the following actions:
(1)
  Determine site-specific groundwater sampling parameters based on demonstrated
  absences or suspected presence of the constituents in the waste
  stream;
(2) Require additional
  monitoring wells to be constructed and sampled;
(3) Designate an alternative subset of
  monitoring wells to be sampled for any sampling event; or
(4) Designate an alternative sampling
  frequency, not to exceed one year, based on the following:
(a) Lithology, hydraulic conductivity, and
  groundwater flow rates;
(b)
  Resource value of the affected groundwater;
(c) Distribution and characteristics of any
  detected contaminant; and
(d)
  Apparent travel distance of the contaminant.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:21 - Corrective action › Section 74:27:21:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all facilities required to perform assessment
	 monitoring pursuant to chapter 74:27:20 if any parameter monitored pursuant to
	 §
									74:27:20:02 exhibits a
	 statistically significant increase above the groundwater protection standard
	 specified in §
									74:27:20:07. If the owner or
	 operator demonstrates according to 40 C.F.R. Part 258, as published on 56 Fed.
	 Reg. 51,022 to 51,028, inclusive, (October 9, 1991) that a source other than
	 the facility caused the increase, assessment monitoring may
	 continue.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.10.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:21 - Corrective action › Section 74:27:21:02 - Monitoring requirements

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall sample designated monitoring wells for
	 parameters required by §
									74:27:20:02. The secretary may
	 require all sampling required by chapter 74:27:20 to be conducted by an
	 independent, third-party groundwater scientist or engineer licensed to conduct
	 business in South Dakota.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.10.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:21 - Corrective action › Section 74:27:21:03 - Assessment of corrective action

Current through Register Vol. 51, page 10, July 15, 2024
Within 90 days after discovery that corrective action is required
	 pursuant to §
									74:27:21:01, the owner or operator
	 shall initiate the following:
(1)
  Finalize the characterization of the nature and extent of the
  release;
(2) Install, at a minimum,
  one additional monitoring well at the relevant point of compliance and sample
  the well or wells in accordance with §§
									74:27:20:02 and
  74:27:20:08;
(3) Notify the landowners and residents of
  any land potentially overlying the plume of contamination;
(4) Analyze the effectiveness of potential
  corrective measures, including the following:
(a) The performance, reliability, and cost of
  each measure;
(b) The time required
  to begin and complete each measure;
(c) The cross-media impacts; and
(d) Any other pertinent data;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:21 - Corrective action › Section 74:27:21:04 - Selection of remedy

Current through Register Vol. 51, page 10, July 15, 2024
Based on the completion of the assessment requirements of §
									74:27:21:03, the owner or operator
	 shall submit a report within 14 days to the secretary for approval. The report
	 shall recommend a primary plan of corrective action. The report must include
	 documentation of the requirements of §
									74:27:21:03 and must include the
	 following elements:
(1) Documentation
  of protection of human health and the environment;
(2) The ability to attain the groundwater
  protection standards required by §
									74:27:20:07;
(3) Both short- and long-term anticipated
  effectiveness of the recommended corrective action;
(4) Anticipated effectiveness of efforts to
  reduce or eliminate further contaminant releases from the facility;
(5) The ability to effectively implement the
  recommended corrective action;
(6)
  The financial and technical capability of the owner or operator to ensure
  completion of the recommended corrective action;
(7) The degree to which the selected
  corrective action will address the community concerns expressed during the
  public meeting or meetings required by subdivision 74:27:21:03(6);
(8) The schedule for initiation and
  completion of each major phase of the recommended corrective action;
  and
(9) Other relevant factors and
  considerations which may determine the effectiveness of the corrective action.
The secretary may require the owner or operator to submit additional
	 information in order to review and approve a course of corrective
	 action.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.10.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:21 - Corrective action › Section 74:27:21:05 - Implementation

Current through Register Vol. 51, page 10, July 15, 2024
Upon approval by the secretary of the selection of corrective action,
	 the owner or operator shall begin implementation of corrective action within 30
	 days. The secretary may approve an alternative schedule, if
	 warranted.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.10.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:21 - Corrective action › Section 74:27:21:06 - Completion of corrective action

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall sample the designated monitoring wells to
	 demonstrate compliance at the relevant point of compliance with the groundwater
	 protection standards specified in §
									74:27:20:07 for three consecutive
	 years. If the owner or operator fails to adequately demonstrate compliance with
	 §
									74:27:20:07, the owner or operator
	 shall perform additional corrective action required by §
									74:27:21:03. Upon successful
	 demonstration of completion of corrective action, the owner or operator shall
	 notify the secretary within 14 days and may return to detection monitoring
	 required by chapter 74:27:19. The demonstration required by this section shall
	 be in conformance with 40 C.F.R. Part 258, as published on 56 Fed. Reg. 51,022
	 to 51,028, inclusive (October 9, 1991).
General Authority:
SDCL
		34A-6-1.6,
		34A-6-1.10.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:21 - Corrective action › Section 74:27:21:07 - 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. All demonstrations for variances for MSWLFs must meet the
	 applicable 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,
		34A-6-1.10.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-1.7,
		34A-6-1.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:22 - Collection, transportation, storage, and processing of waste tires › Section 74:27:22:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words and phrases defined in SDCL chapter 34A-6 have the same meaning
	 when used in this chapter. Terms used in this chapter mean:
(1) "Passenger tire equivalent," the weight
  of waste tires or parts of waste tires equivalent to the average weight of one
  waste passenger tire. The average weight of one waste passenger tire is equal
  to 20 pounds;
(2) "Waste tire
  generator," a person who produces waste tires in the course of retreading tires
  or buying, selling, or trading vehicles or tires; and
(3) "Waste tire hauler," a person who
  transports, at any one time, more than 20 waste passenger tires or passenger
  tire equivalent weight of other waste tires or transports more than 100
  passenger tire equivalent per 12-month period.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-87.1.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-87.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:22 - Collection, transportation, storage, and processing of waste tires › Section 74:27:22:02 - Transportation of waste tires to a permitted or approved facility

Current through Register Vol. 51, page 10, July 15, 2024
A waste tire hauler may only transport waste tires to an in-state solid
	 waste facility permitted to accept waste tires for processing, storage, or
	 disposal; to a person using waste tires according to §§
									74:27:22:03 and
	 74:27:22:04; or to an out-of-state
	 facility approved or permitted by the responsible agency of that
	 state.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-87.1.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-87.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:22 - Collection, transportation, storage, and processing of waste tires › Section 74:27:22:03 - Use of waste tires for structural or construction purposes

Current through Register Vol. 51, page 10, July 15, 2024
The use of loose, baled, or processed waste tires for structural or
	 construction purposes is allowed without obtaining a solid waste storage permit
	 if:
(1) The construction project is
  completed within six months of receiving the first load of tires;
(2) Waste tires not used for the project are
  disposed of within 30 days of completion of the project and in a manner
  consistent with this chapter; and
(3) The use is stated in and is in accordance
  with §
									74:27:22:04.
Any tire from a structure that becomes loose or no longer serves its
	 original intended purpose is considered a waste tire and is subject to the
	 requirements of this chapter. Baled tires are considered waste tires until they
	 have been approved for use by the department according to this
	 chapter.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-87.1.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-87.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:22 - Collection, transportation, storage, and processing of waste tires › Section 74:27:22:04 - Approved uses and disposal of certain waste tires

Current through Register Vol. 51, page 10, July 15, 2024
The use of waste tires is allowed as long as it does not constitute a
	 nuisance. However, any burial or partial burial of a waste tire bale, tire
	 shreds, whole tires or parts thereof, requires a permit be issued by the Board
	 of Minerals and Environment in accordance with this article. No solid waste
	 permit is required for the burial of tire shreds used in the construction of an
	 on-site wastewater treatment system if the installation is approved and
	 constructed in accordance with chapter 74:53:01 and §
									74:27:22:03. A waste tire bale
	 consists of any whole or cut waste tires that are compacted or mechanically
	 formed into a bale and bound with wire or other similar materials. Nothing in
	 this section prohibits a farmer or rancher from burying his own waste tires on
	 his own property or utilizing his own waste tires for agricultural purposes if
	 the provisions of 34A-6-1.4 are met. Uses of waste tires for structural or
	 construction purposes are subject to the requirements of §
									74:27:22:03.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-87.1.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-87.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:27 - Solid waste › Chapter 74:27:22 - Collection, transportation, storage, and processing of waste tires › Section 74:27:22:05 - On-site storage of waste tires at a waste tire generator's facility

Current through Register Vol. 51, page 10, July 15, 2024
The on-site storage of less than 700 waste passenger tires or 700
	 passenger tire equivalents or 10 tires whichever is the greatest weight at a
	 waste tire generator's facility may be conducted without a permit if the
	 requirements found in subdivisions 74:27:13:17.01(2), (4), (5), and (6) are
	 met.
General Authority:
SDCL
		34A-6-1.6,
		34A-6-87.1.
Law Implemented:
SDCL
		34A-6-1.6,
		34A-6-87.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:21 - Administration › Section 74:28:21:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in the federal rules incorporated by reference in §
	 74:28:21:01.01 have the following meanings:
(1) "Administrator," the secretary of the
  Department of Agriculture and Natural Resources or a designee, except at:
(a)
										40 C.F.R. §
											260.10, the definitions of "administrator,"
  "Regional Administrator," and "hazardous waste constituent";
(b) 40 C.F.R. Part 261, Appendix
  IX;
(c)
										40 C.F.R. §§
											264.12(a) and
  265.12(a);
(d)
										40 C.F.R. §
											268.40(b);
(e)
										40 C.F.R. §
											270.2, the definitions of "administrator,"
  "director," "major facility," "Regional Administrator," and "state/EPA
  agreement";
(f)
										40 C.F.R. §§
											270.3;
  270.5;
  270.10(e)(2), (3), and
  (4);
  270.10(f)
  and (g);
  270.11(a)(3);
  270.14(b)(20);
  270.32(b)(2); and
  270.51;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:21 - Administration › Section 74:28:21:01.01 - Incorporation by Reference

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of this article and unless otherwise specified, 40 C.F.R.
	 parts 124; 144; 260 to 268, inclusive; 270; 273; and 279, as amended to July 1,
	 2022, are incorporated by reference. Sections reserved in 40 C.F.R. parts 124;
	 144; 260 to 268, inclusive; 270; 273; and 279, as amended to July 1, 2022, are
	 not incorporated by reference in this article.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:21 - Administration › Section 74:28:21:02 - General standards for a hazardous waste management system

Current through Register Vol. 51, page 10, July 15, 2024
The definitions, except as specified in §
									74:28:21:01, references,
	 petitions, variances, and other procedures in
	 40 C.F.R. §§
										260.2(c) to
	 260.43, inclusive, constitute the
	 general hazardous waste management system.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:21 - Administration › Section 74:28:21:03 - Use of term RCRA Section 3008

Current through Register Vol. 51, page 10, July 15, 2024
The term RCRA § 3008 as used in the documents incorporated in this
	 article means both RCRA § 3008 and SDCL chapter 34A-11.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9.
Definitions, §
											74:28:21:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:22 - Identification and listing › Section 74:28:22:01 - Identification and listing of hazardous wastes

Current through Register Vol. 51, page 10, July 15, 2024
Solid wastes which are subject to regulation as hazardous wastes are
	 those identified and listed in
	 40 C.F.R. §§
										261.1 to
	 261.1089, inclusive, except
	 40 C.F.R. §
										261.4(b) (17); and
	 Appendices I, VII, VIII, and IX.
General Authority:
SDCL
		34A-11-8.
Law Implemented:
SDCL
		34A-11-8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:23 - Standards for generators › Section 74:28:23:01 - Standards for generators

Current through Register Vol. 51, page 10, July 15, 2024
The standards for generators of hazardous waste are those in
	 40 C.F.R. §§
										262.1 to
	 262.84, inclusive, except
	 40 C.F.R. §
										262.10(k); and §§
									262.200 to
	 262.265,
	 inclusive.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:24 - Standards for transporters › Section 74:28:24:01 - Standards for transporters

Current through Register Vol. 51, page 10, July 15, 2024
The standards for transporters of hazardous waste are those in
	 40 C.F.R. §§
										263.10 to
	 263.31,
	 inclusive.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:25 - Treatment, storage, and disposal › Section 74:28:25:01 - Standards for hazardous waste treatment, storage, and disposal facilities

Current through Register Vol. 51, page 10, July 15, 2024
The standards for hazardous waste treatment, storage, and disposal
	 facilities are those in 40
	 C.F.R. §§
										264.1 to
	 264.1316, inclusive, except for
	 40 C.F.R. §§
										264.1(f),
	 264.1(g)(12),
	 264.18(c),
	 264.149,
	 264.150,
	 264.191(a)
	 and (c),
	 264.301(l),
	 264.570(a),
	 264.1030(d),
	 264.1050(g), and
	 264.1080(e), (f), and
	 (g); Appendices I, IV, V, VI, and IX; and
	 §§267.1 to 267.1108, inclusive, except §
	 267.71(d).
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-9,
		34A-11-10,
		34A-11-12,
		34A-11-16.
Exposure information from landfills and surface impoundments, §
											74:28:34:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:25 - Treatment, storage, and disposal › Section 74:28:25:02 - Underground placement of waste prohibited

Current through Register Vol. 51, page 10, July 15, 2024
The placement of any bulk or noncontainerized liquid hazardous waste in
	 any salt dome formation, salt bed formation, underground mine, or cave is
	 prohibited.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-12,
		34A-11-13,
		34A-11-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:25 - Treatment, storage, and disposal › Section 74:28:25:03 - Assessment of existing tank system's integrity

Current through Register Vol. 51, page 10, July 15, 2024
For each existing tank system that does not have secondary containment
	 meeting the requirements of 40 C.F.R. §
										264.193, the
	 owner or operator must determine that the tank system is not leaking or is
	 unfit for use.
The owner or operator must obtain and keep on file at the facility a
	 written assessment reviewed and certified by an independent, registered
	 professional engineer licensed to do business in South Dakota, in accordance
	 with 40 C.F.R. §
										270.11(d), that attests to
	 the tank system's integrity by January 12, 1988, for HSWA tanks and September
	 14, 1990, for non-HSWA tanks.
Tank systems that store or treat materials that become hazardous wastes
	 subsequent to July 14, 1986, for HSWA tanks and subsequent to June 7, 1989, for
	 non-HSWA tanks must conduct this assessment within 12 months after the date
	 that the waste becomes a hazardous waste.
For existing tank systems or existing components, a tank system or
	 component installation is considered to have commenced if the owner or operator
	 has obtained all federal, state, and local approvals or permits necessary to
	 begin physical construction of the site or installation of the tank system and
	 if either (1) a continuous on-site physical construction or installation
	 program has begun, or (2) the owner or operator has entered into contractual
	 obligations, which cannot be canceled or modified without substantial loss, for
	 physical construction of the site or installation of the tank system to be
	 completed within one year.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-12,
		34A-11-13,
		34A-11-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:25 - Treatment, storage, and disposal › Section 74:28:25:04 - Containment and detection of releases from tanks

Current through Register Vol. 51, page 10, July 15, 2024
To prevent the release of hazardous waste or hazardous constituents to
	 the environment, secondary containment that meets the requirements of this
	 chapter must be provided, except as provided in
	 40 C.F.R. §
										264.193(f) and (g), as
	 follows:
(1) For all new tank systems
  or components, before they are put into service;
(2) For all existing tank systems used to
  store or treat EPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and
  F027, within two years after January 12, 1987, for HSWA tanks and two years
  after September 14, 1989, for non-HSWA tanks;
(3) For those existing tank systems of known
  and documented age, within two years after January 12, 1987, for HSWA tanks and
  two years after September 14, 1989, for non-HSWA tanks or when the tank system
  has reached 15 years of age, whichever comes later;
(4) For those existing tank systems for which
  the age cannot be documented, within eight years after January 12, 1987, for
  HSWA tanks and within eight years after September 14, 1989, for non-HSWA tanks;
  but if the age of the facility is greater than seven years, secondary
  containment must be provided by the time the facility reaches 15 years of age
  or within two years after January 12, 1987, for HSWA tanks or within two years
  after September 14, 1989, for non-HSWA tanks, whichever comes later;
  and
(5) For tank systems that store
  or treat materials that become hazardous waste subsequent to January 12, 1987,
  for HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time
  intervals required in subdivisions (1) to (4), inclusive, of this section,
  except that the date that a material becomes a hazardous waste must be used in
  place of January 12, 1987, for HSWA tanks and September 14, 1989, for non-HSWA
  tanks.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-12,
		34A-11-13,
		34A-11-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:28 - Hazardous waste › Chapter 74:28:25 - Treatment, storage, and disposal › Section 74:28:25:05 - Definition of new and existing drip pads for certain wood preserving wastes

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of 40 C.F.R. Part 264, Subpart W apply to owners and
	 operators of facilities that use new or existing drip pads to convey treated
	 wood drippage, precipitation, or surface water runoff to an associated
	 collection system.
For EPA hazardous waste number F032 wastes, existing drip pads are
	 those constructed before December 6, 1990, and those for which the owner or
	 operator has a design and has entered into before December 6, 1990, binding
	 financial or other agreements for construction. For EPA hazardous waste numbers
	 F034 and F035 wastes, existing drip pads are those constructed before July 7,
	 1992, and those for which the owner or operator has a design and has entered
	 into before July 7, 1992, binding financial or other agreements for
	 construction. All other drip pads are new drip pads.
For EPA hazardous waste number F032 wastes, the requirement at
	 40 C.F.R. §
										264.573(b)(3) to install a
	 leak collection system applies only to those drip pads that are constructed
	 after December 24, 1992, for which the owner or operator has a design and has
	 entered into before December 24, 1992, binding financial or other agreements
	 for construction. For EPA hazardous waste numbers F034 and F035 wastes, the
	 requirement at 40 C.F.R.
	 §
										264.573(b)(3) to
	 install a leak collection system applies only to those drip pads that are
	 constructed after September 29, 1994, for which the owner or operator has a
	 design and has entered into before September 29, 1994, binding financial or
	 other agreements for construction.
General Authority:
SDCL
		34A-11-9.
Law Implemented:
SDCL
		34A-11-12,
		34A-11-13,
		34A-11-14.