S.D. Admin. R. 74:52:03:13

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

Section 74:52:03:13 - Additional permit conditions

In addition to the conditions required under §§ 74:52:03:01 to 74:52:03:12, inclusive, in all permits, the secretary shall establish conditions case-by-case to provide for and assure compliance with all applicable requirements of the CWA and state laws and rules. These conditions shall include the following when applicable:

(1) Technology-based effluent limitations and standards based on effluent limitations and standards promulgated under § 301 of the CWA or new source performance standards promulgated under § 306 of the CWA, on case-by-case limitations determined under § 402(a)(1) of the CWA, or on a combination of the two;

(2) For any discharger within a primary industry category as listed in § 74:52:02:39, prompt modification or revocation of a permit by the secretary to incorporate an applicable effluent standard or limitation under §§ 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the CWA which is promulgated or approved after the permit is issued if that effluent standard or limitation is more stringent than any effluent limitation in the permit or controls a pollutant not limited in the permit;

(3) Other effluent limitations and standards in §§ 301, 302, 303, 307, 318, and 405 of the CWA. If an applicable toxic effluent standard or prohibition, including any schedule of compliance specified in the effluent standard or prohibition is promulgated under § 307(a) of the CWA for a toxic pollutant is more stringent than a limitation on the pollutant in the permit, the secretary shall institute proceedings under chapter 74:52:04 to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition;

(4) Standards for sewage sludge use or disposal under § 405(d) of the CWA. If an applicable standard for sewage sludge use or disposal is promulgated under § 405(d) of the CWA and that standard is more stringent than any limit on the pollutant or practice in the permit, the secretary may initiate proceedings under chapter 74:52:04 to modify or revoke and reissue the permit to conform to the standard for sewage sludge use or disposal;

(5) Any requirements in addition to, or more stringent than, promulgated effluent limitations, guidelines, or standards under §§ 301, 304, 306, 307, 318 and 405 of the CWA necessary to do the following:

(a) Achieve water quality standards established by chapters 74:51:01, 74:51:02, and 74:51:03;

(b) Attain or maintain a specified water quality through water quality-related effluent limits established under § 302 of the CWA;

(c) Conform to applicable water quality requirements in § 401(a)(2) of the CWA when the discharge affects a state other than South Dakota;

(d) Incorporate any more stringent limitations, treatment standards, standards for sewage sludge use or disposal, or schedule of compliance requirements established under federal and state law or rules;

(e) Ensure consistency with the requirements of a water quality management plan approved by EPA under § 208(b) of the CWA; and

(f) Incorporate alternative effluent limitations or standards where warranted by fundamentally different factors in chapter 74:52:07;

(6) Toxic pollutant limits to control toxic pollutants which are or may be discharged at a level greater than the level which can be achieved by the technology-based treatment requirements;

(7) A notification level which exceeds the notification level of subdivision 74:52:03:11(1), (2), (3), (4), or (5) upon a petition from the permittee or on the secretary's initiative. This new notification level may not exceed the level which can be achieved by the technology-based treatment requirements appropriate to the permittee;

(8) A list of pollutants for which the permittee must report violations of maximum daily discharge limits within 24 hours. This list shall include any toxic pollutant or hazardous substance or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance;

(9) Durations for permits, as set forth in § 74:52:03:21;

(10) Monitoring requirements in addition to § 74:52:03:26, as follows:

(a) To assure compliance with permit limitations, measurements, and test procedures as follows:

(i) The mass, or any other measurement specified in the permit for each pollutant, including whole effluent toxicity, limited in the permit;

(ii) The volume of effluent discharged from each outfall;

(iii) Other measurements as applicable, including pollutants in internal waste streams under § 74:52:03:20; frequency and rate of discharge for noncontinuous discharges under § 74:52:03:18; pollutants subject to notification requirements under § 74:52:03:11; and pollutants in sewage sludge or other monitoring as specified in 40 C.F.R. Part 503 (July 1, 2016) or as determined to be necessary on a case-by-case basis pursuant to 405(d)(4) of the CWA; and

(iv) According to test procedures approved under 40 C.F.R. Part 136 (July 1, 2016) for the analyses of pollutants having approved methods under that part and according to a test procedure specified in the permit for pollutants with no approved methods;

(b) The frequency of reporting monitoring results, depending on the nature and effect of the discharge, at least once a year. For sewage sludge use or disposal practices, requirements for monitoring and for reporting of results, depending on the nature and effect of the sewage sludge disposal practice, but at least once a year;

(11) Pretreatment requirements for POTWs, as follows:

(a) Identification in terms of character and volume of pollutants, of any significant indirect dischargers into the POTW subject to pretreatment standards under § 307(b) of the CWA and chapter 74:52:11; and

(b) Submission of a local program when required by and in accordance with chapter 74:52:11 to assure compliance with pretreatment standards to the extent applicable under § 307(b). The local program shall be incorporated into the permit as described in chapter 74:52:11. The program shall require all indirect dischargers to the POTW to comply with the reporting requirements of chapter 74:52:11;

(12) Best management practices to control or abate the discharge of pollutants when:

(a) Authorized under § 304(e) of the CWA for the control of toxic pollutants and hazardous substances from ancillary industrial activities;

(b) Numeric effluent limits are not feasible; or

(c) The practices are reasonably necessary to achieve effluent limits and standards or to carry out the purposes and intent of the CWA;

(13) Requirements for reissued permits, as follows:

(a) Except as provided in subdivision (13)(b) of this section, when a permit is renewed or reissued interim limits and standards or conditions must be at least as stringent as the final limits, standards, or conditions in the previous permit, unless the circumstances on which the previous permit were based have materially and substantially changed since the time the permit was issued and would constitute cause for permit modification or revocation and reissuance under § 74:52:04:03;

(b) When effluent limits were imposed under § 402(a)(1) of the CWA in a previously issued permit and those limitations are more stringent than the subsequently promulgated effluent guidelines, the more stringent limits apply unless:

(i) The discharger has installed the treatment facilities required to meet the effluent limits in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limits. In this case the limits in the renewed or reissued permit may reflect the level of pollutant control actually achieved but shall not be less stringent than required by the subsequently promulgated effluent limitation guidelines;

(ii) The circumstances on which the previous permit was based have materially and substantially changed since the time the permit was issued and would constitute cause for permit modification or revocation and reissuance under § 74:52:04:03; or

(iii) There is increased production at the facility which results in significant reduction in treatment efficiency, in which case the permit limits shall be adjusted to reflect any decreased efficiency resulting from increased production and raw waste loads, but permit limits may not be less stringent than those required by subsequently promulgated standards and limits;

(iv) Information is available which was not available at the time of permit issuance; other than revised regulations, guidance, or test methods; and which would have justified the application of a less stringent effluent limit at the time of permit issuance, or the administrator determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under § 402(a)(1)(b) of the Act;

(v) A less stringent effluent limit is necessary because of events over which the permittee has no control and for which there is no reasonable remedy; or

(vi) The permittee has received a permit modification under § 301(c), 301(g), 301(i), 301(k), 301(n), or 316(a);

(14) For privately owned treatment works, any conditions expressly applicable to any user, as a limited copermittee, that may be necessary in the permit issued to the treatment works to ensure compliance with applicable requirements under this chapter. Alternatively, the secretary may issue separate permits to the treatment works and to its users or may require a separate permit application from any user. The secretary's decision to issue a permit with no conditions applicable to any user, to impose conditions on one or more users, to issue separate permits, or to require separate applications, and the basis for that decision, must be stated in the statement of basis for the proposed permit for the treatment works;

(15) Any conditions imposed in grants made by the secretary to POTWs under §§ 201 and 204 of the CWA which are reasonably necessary for the achievement of effluent limits under § 301 of CWA;

(16) When a permit is issued to a facility that may operate at certain times as a means of transportation over water, a condition that the discharge must comply with any applicable regulations promulgated (by the secretary of the department of which the coast guard is operating) that establish specifications for safe transportation, handling, carriage, and storage of pollutants;

(17) Standards for sewage sludge use or disposal under § 405(d) of the CWA unless those standards have been included in a permit issued under SDCL chapter 34A-6. If any applicable standard for sewage sludge use or disposal is promulgated under § 405(d) of the CWA and that standard is more stringent than any limit on the pollutant or practice in the permit, the secretary may initiate proceedings under chapter 74:52:04 to modify or revoke and reissue the permit to conform to the standard for sewage sludge use or disposal;

(18) Any conditions that the secretary of the army considers necessary to ensure that navigation and anchorage will not be substantially impaired; or

(19) Conditions listed in 40 C.F.R. 122.41 as it existed on July 24, 1992.

S.D. Admin. R. 74:52:03:13

14 SDR 86, effective 12/24/1987; 19 SDR 122, effective 2/21/1993; transferred from; 44 SDR 98, effective 12/11/2017

General Authority: SDCL 34A-2-30, 34A-2-93.

Law Implemented: SDCL 34A-2-36, 34A-2-41 to 34A-2-43.

Water Pollution Control Act, SDCL ch 34A-2; Surface Water Quality, art 74:51.