S.D. Admin. R. 74:52:03:10

Current through Register Vol. 51, page 54, October 28, 2024

Section 74:52:03:10 - Upsets

A permittee who wishes to establish the affirmative defense of an upset must demonstrate, through signed, contemporaneous operating logs or other relevant evidence that the following happened:

(1) An upset occurred and the permittee can identify the cause or causes of the upset;

(2) The permitted facility was at the time being properly operated;

(3) The permittee gave 24-hour notice of the upset; and

(4) The permittee took remedial measures to minimize or prevent a discharge in violation of the permit.

In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.

S.D. Admin. R. 74:52:03:10

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.