S.D. Admin. R. 74:07:01:04

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

Section 74:07:01:04 - Preparation of estimated amount of financial assurance - Owner or operator responsibilities

If the owner or operator is requested by the department or board to prepare an estimated amount of financial assurance, the owner or operator is responsible for having a South Dakota registered professional engineer or other qualified individual prepare the estimate. The estimate shall include an itemized listing of each cost and how the cost was calculated, including the cost of contracting with a third party. The estimated amount of financial assurance shall include the costs to:

(1) Remove, transport, and safely dispose of the maximum amount of either wastewater or associated solids, or both, that may be stored at the project site if the permitted activity is abandoned; and

(2) Cleanup the most costly impact likely to occur from a release of either wastewater or associated solids, or both. A description of the type of release, conditions under which such a release may occur, and the basis for the anticipated extent of the release shall be included with the estimate. Calculation of this cost shall consider the following factors:

(a) Design parameters relating to the method of storage, transport, and disposal of wastewater or associated solids, or both;

(b) Proximity of the facility and waste disposal areas in relation to aquifers or surface water;

(c) Beneficial uses assigned to waters of the state in or contiguous to the facility and waste disposal areas; and

(d) Topography, geology, and hydrology of the facility site and waste disposal areas and contiguous areas that may be impacted.

If requested by the department, the owner or operator shall provide a copy of the cost estimate to the department at least twenty days before the scheduled hearing date. No provision of this section precludes an owner or operator from presenting evidence or testimony to the board as to whether financial assurance is necessary for approval of the permit application.

S.D. Admin. R. 74:07:01:04

24 SDR 90, effective 1/4/1998.

General Authority: SDCL 34A-10-2.4.

Law Implemented: SDCL 34A-10-2.1, 34A-10-2.2, 34A-10-2.4.