S.D. Admin. R. 74:54:02:04

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

Section 74:54:02:04 - Exemptions from groundwater discharge plan

The following do not require an approved groundwater discharge plan under this chapter:

(1) Effluent or leachate which has been demonstrated to conform to the groundwater quality standards of chapter 74:54:01 and does not contain any potentially toxic pollutant as specified in § 74:54:01:05. To determine compliance, the secretary may require samples before the effluent or leachate discharges directly or indirectly into groundwater. If the discharge is by seepage through natural or altered natural materials, the secretary may take samples of the solution before or after seepage. In order to sample solution after seepage it may be necessary for the owner and operator to install groundwater monitoring wells. If for any reason the secretary does not have access to obtain the appropriate samples, this exemption does not apply;

(2) Water used for watering of lawns, gardens, or shrubs or for irrigation for the revegetation of a disturbed land area unless that water is received directly from a land application waste disposal system;

(3) Water used for irrigated agriculture, except water received from land application waste disposal systems or wastes containing any potentially toxic pollutant in concentrations exceeding current scientifically based manufacturer's recommendations for the crop, soil, and climate;

(4) Application of fertilizers, herbicides, insecticides, fungicides, rodenticides, and fumigants when used in accordance with current scientifically based manufacturer's recommendations for the crop, water, soil, and climate;

(5) Discharge resulting from flood control systems, except those whose purpose is to contain potentially toxic pollutants;

(6) Leachate which results from the direct natural infiltration of precipitation through any area of land affected by mining or milling operations, unless the secretary determines that the leachate may result in pollution of waters of the state;

(7) Leachate which results from the direct natural infiltration of precipitation through disturbed materials, unless the secretary determines that the leachate may result in pollution of waters of the state;

(8) Leachate which results entirely from the direct natural infiltration of precipitation through undisturbed materials;

(9) Underground injection control (UIC) wells permitted under chapters 74:55:01 and 74:10:09, and UIC Class II and Class III wells permitted by the EPA; and

(10) Land application of livestock wastes, not to be construed as storage of livestock wastes, within expected crop nitrogen uptake.

The secretary may require the submission of an application for approval of a groundwater discharge plan for any exempted discharge which the secretary determines may be causing or is likely to cause violations of the groundwater quality standards of chapter 74:54:01.

S.D. Admin. R. 74:54:02:04

14 SDR 86, effective 12/24/1987; 18 SDR 128, effective 2/11/1992; transferred from

General Authority: SDCL 34A-2-28.

Law Implemented: SDCL 34A-2-24, 34A-2-27, 34A-2-36.1.