S.D. Admin. R. 74:07:01:02

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:07:01:02 - Financial assurance - Applicability

In the discretion of the board pursuant to SDCL 34A-10-2.1, the board may require, as a condition of a permit, that the owner or operator of a proposed or existing facility which produces, stores, or disposes of wastewater or associated solids to post financial assurance to contain, mitigate, and remediate any impact provided the board finds that such financial assurance is necessary:

(1) To meet the public interest requirement of SDCL 46-2A-9 for approval of a permit or right to appropriate water; or

(2) As a condition of a water quality variance permit, ground water discharge facility construction permit, or ground water discharge permit to ensure that beneficial uses are not impaired and that no hazard is posed to human health in accordance with § 74:54:02:09.

Financial assurance required under this chapter shall be in effect and on file with the department before any construction or operation authorized by the permit. If the activity being permitted preexists approval of the permit, the financial assurance shall be posted within 120 days of the date of the permit approval. Financial assurance required as a condition of amending, renewing, or extending an existing permit shall be posted within 120 days of the date of board approval.

S.D. Admin. R. 74:07:01:02

24 SDR 90, effective 1/4/1998.

General Authority: SDCL 34A-2-28, 34A-2-30, 34A-10-2.4, 46-2-5.

Law Implemented: SDCL 34A-2-27, 34A-10-2.1, 46-1-2, 46-1-14, 46-2A-9.