S.D. Admin. R. 74:52:05:13

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

Section 74:52:05:13 - Methods of public notice

Public notice of activities described in this chapter shall be given by the following methods:

(1) By mailing a copy of a notice to the following persons (a person otherwise entitled to receive notice under this subdivision may waive the right to receive notice for any categories of permits):

(a) The applicant;

(b) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources, state historic preservation officers, and other appropriate government authorities, including affected states;

(c) Any state agency responsible for plan development under § 208(b)(2), 208(b)(4), or 303(e) of the CWA and the U. S. Army Corps of Engineers, the U. S. Fish and Wildlife Service;

(d) Any user identified in the permit application of a privately owned treatment works;

(e) Persons on a mailing list developed by the department including those who request in writing to be on the list;

(f) Any unit of local government having jurisdiction over the area where the facility is proposed to be located;

(g) Each state agency having any authority under state law over the construction or operation of such facility; and

(h) Any agency which the secretary knows has issued or is required to issue a RCRA, UIC, PSD, NPDES, 404, or sludge management permit for the same facility;

(2) For major permits, general SWD permits, and permits that contain sewage sludge application plans, by publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity; and

(3) By any other method that gives actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

S.D. Admin. R. 74:52:05:13

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

General Authority: SDCL 34A-2-28.

Law Implemented: SDCL 34A-2-35.