S.D. Admin. R. 74:27:21:03

Current through Register Vol. 51, page 34, September 9, 2024

Section 74:27:21:03 - Assessment of corrective action

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;

(5) Place a public notice in the official newspaper of the county in which the facility is located, stating the nature and extent of the release and legal descriptions of privately owned land potentially overlying the contaminant plume; and

(6) Present the results of the assessment of the corrective measures to the public at a minimum of one public meeting subject to the requirements of SDCL chapter 1-25 and record the public concerns expressed at the meeting or meetings.

S.D. Admin. R. 74:27:21:03

19 SDR 186, effective 6/10/1993.

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.