S.D. Admin. R. 74:56:03:26

Current through Register Vol. 51, page 71, January 6, 2025

Section 74:56:03:26 - Cleanup of soil and waters of the state

Cleanup requirements for soil and waters of the state are as follows:

(1) Owners or operators required by the department to develop and submit a corrective action plan for responding to any contaminated soils or waters of the state must submit a plan according to a schedule established by the department;

(2) The department shall approve the corrective action plan only if it assures that implementation of the plan will provide adequate protection of human health, safety, and the environment. In making this determination, the department may consider:

(a) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

(b) The hydrogeologic characteristics of the AST system site and the surrounding land;

(c) The proximity, quality, and current and future uses of waters of the state; and

(d) A risk assessment;

(3) Upon approval of the corrective action plans, the owners or operators shall implement the plan and monitor, evaluate, and report the results as required by the department. The owners or operators shall provide any additional information on corrective actions requested by the department.

S.D. Admin. R. 74:56:03:26

14 SDR 76, effective 11/29/1987; transferred from

General Authority: SDCL 34A-2-93, 34A-2-101.

Law Implemented: SDCL 34A-2-100, 34A-2-101.