S.D. Admin. R. 74:54:02:23

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

Section 74:54:02:23 - Minor modification of discharge plans

The secretary, with the consent of the owner and operator of the discharge facility, may modify a discharge plan to make corrections or allowances for changes in the permitted activity listed in this section. Such changes may be made without following the procedures set forth in §§ 74:54:02:06 and 74:54:02:08. A discharge plan modification not processed as a minor modification under this section must conform with the application and hearing requirements set forth in §§ 74:54:02:06 and 74:54:02:08. Minor modifications may only be as follows:

(1) Correction of typographical errors and language changes that have no legal or substantial effect;

(2) A requirement for more frequent monitoring or reporting by the groundwater discharge facility;

(3) A change in ownership or operational control of a facility if the secretary determines that no other change in the permit is necessary, provided a written agreement containing a specific date for transfer of responsibility for the discharge plan, coverage, and liability between the current and new owner and operator has been submitted to the secretary pursuant to § 74:54:02:24;

(4) The board, through permit conditions, may authorize the department to approve technical revisions to a groundwater discharge facility without the requirement of a permit modification or renewal. Such technical revisions include the following:

(a) Monitoring plans or parameters;

(b) Plans and specifications for permitted facilities;

(c) Reasonable changes to the quality of discharged waste;

(d) Reasonable changes in volume of discharged waste;

(e) Quality control and quality assurance plans;

(f) Any other changes that will not result in the degradation of the groundwater above the South Dakota Water Quality Standards.

Technical revisions must be submitted to the department in writing. The department shall either approve, disapprove, conditionally approve, or request additional information within 30 days after receipt.

The applicant or an interested person may appeal the decision of the department to the board by petitioning for a contested case hearing pursuant to chapter 74:50:02.

All technical revisions authorized by the department shall be recorded on a list which is kept updated and which is readily available for public inspection. A copy of the list shall be provided to anyone upon request.

S.D. Admin. R. 74:54:02:23

18 SDR 128, effective 2/11/1992; transferred from

General Authority: SDCL 34A-2-28, 34A-2-30.

Law Implemented: SDCL 34A-2-44.