Any spill, leak, or accidental release which threatens waters of the state must be immediately reported to the secretary by the discharger. The discharger, to prevent pollution of waters of the state and limit the area of impact, must take immediate action to remove and appropriately dispose of any contaminated soil or other materials. Soils contaminated with chemicals must be excavated and disposed of in a sanitary landfill permitted under article 74:27 or disposed of in an alternate manner approved by the secretary. Land application disposal of contaminated water and soil may not exceed the manufacturer's recommended application rate, if available, for the appropriate crop, soil, and climate. Excavation must continue until the in-place material is below the applicable land application rate. Additional removal of contaminated soil may be required if there is a potential discharge to groundwater that would violate groundwater quality standards of chapter 74:54:01. The discharger must develop and submit a cleanup and remedial action plan within 30 days that includes a compliance schedule.
S.D. Admin. R. 74:54:02:25
General Authority: SDCL 34A-2-28, 34A-2-30.
Law Implemented: SDCL 34A-2-48.