S.D. Admin. R. 74:54:02:24

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

Section 74:54:02:24 - Transfer of groundwater discharge plan

If production levels, products produced, rates of discharge, and wastewater characteristics will remain unchanged, groundwater discharge plan may be automatically transferred to a new owner and operator of a groundwater discharge facility. The current owner and operator must submit the following information to the secretary in writing by certified mail at least 90 days before the proposed transfer date:

(1) The name and address of the current facility;

(2) The name and address of the new owners;

(3) The discharge permit number;

(4) The names of the new principal persons responsible for the discharge plan; and

(5) A notarized statement signed by the new principal officer stating that the principal officer has read the discharge plan and will abide by all the conditions of the discharge plan and that the production levels, rates of discharge, and wastewater characteristics will remain unchanged. If any discharge occurs without approval by the secretary of the transfer of the discharge plan, the discharge plan is subject to termination as outlined in § 74:54:02:16.

The current owner and operator of the discharge facility must include in the notice of proposed transfer a written agreement between the current and the new owner and operator which includes a specific date for transfer of responsibility for the discharge plan, its coverage, and the liability between the parties.

If there will be a change in production levels, products produced, rates of discharge, or wastewater characteristics, a transfer of the discharge plan is not permitted. The new owner and operator shall submit an application for an approved groundwater discharge plan pursuant to this chapter upon purchase of the facility.

S.D. Admin. R. 74:54:02:24

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

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

Law Implemented: SDCL 34A-2-44.