S.D. Admin. R. 74:07:01:09

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

Section 74:07:01:09 - Financial assurance held after cancellation or expiration of permit

Financial assurance may be held following cancellation or expiration of a permit for one or more of the following reasons as determined by the board:

(1) A written request for release of the financial assurance has not been received from the owner or operator as required under § 74:07:01:10;

(2) The owner or operator has not completed all postclosure, corrective, or site closure activities in accordance with the approved permit;

(3) The owner or operator has an unresolved enforcement action or penalty judgment involving an impact covered by the financial assurance; or

(4) The permitted activity or consequences of such activity continues to pose a significant risk of pollution, contamination, or degradation of the environment based on:

(a) Findings of an on-site inspection of the permitted activity by the department; or

(b) Information available to the department through monitoring or other reporting requirements included in the permit or permit conditions.

S.D. Admin. R. 74:07:01:09

24 SDR 90, effective 1/4/1998.

General Authority: SDCL 34A-10-2.4.

Law Implemented: SDCL 34A-10-2.1, 34A-10-2.3, 34A-10-2.4.