S.D. Admin. R. 74:52:11:03
Any POTW or combination of POTWs operated by the same authority required to develop a pretreatment program may request the secretary to assume POTW pretreatment program requirements as set forth at 40 C.F.R. § 403.10(e) July 1, 2016).
POTWs that have already been required to develop a pretreatment program at the time the state is delegated pretreatment program authority, have 30 days from notification of state approval to make this request of the secretary.
POTWs that are required to develop a pretreatment program after the state is delegated pretreatment program authority, have 30 days from notification to develop a local program to make this request of the secretary.
POTWs that have been required to develop a pretreatment program must submit written notification either stating their intention to continue with their local responsibilities or requesting the secretary to assume the responsibilities along with the surface water discharge permit application requirements in chapter 74:52:02.
Upon notification, the secretary and the POTW have 45 days to develop a joint powers agreement which specifically sets forth each party's role. The secretary must provide 30 days for public notice prior to signing the agreement. If an agreement cannot be reached, the POTW pretreatment program requirements remain with the POTW.
S.D. Admin. R. 74:52:11:03
General Authority: SDCL 34A-2-14.
Law Implemented: SDCL 34A-2-14.