S.D. Admin. R. 74:52:03:08

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

Section 74:52:03:08 - Anticipated bypass allowed

An anticipated bypass which causes the effluent limitations to be exceeded is prohibited, and the secretary may take enforcement action against a permittee for a bypass, unless the secretary approves the anticipated bypass after considering its adverse effects and determines that it will meet the following conditions:

(1) The bypass was unavoidable to prevent loss of life, threat to public health, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee notified the secretary at least ten days before the anticipated bypass.

S.D. Admin. R. 74:52:03:08

14 SDR 86, effective 12/24/1987; 19 SDR 122, effective 2/21/1993; transferred from

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-39 to 34A-2-42, 34A-2-44.