S.D. Admin. R. 74:27:21:04

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

Section 74:27:21:04 - Selection of remedy

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.

S.D. Admin. R. 74:27:21:04

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.