S.D. Admin. R. 74:12:04:13

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

Section 74:12:04:13 - Open burning as remediation alternative

The secretary may approve open burning as a remediation alternative for soils contaminated by crude oil. If open burning is to be used, the operator must submit a written proposal to the secretary for approval. The proposal must include the following:

(1) Procedures for the proposed burning activities detailing the criteria to be used to determine when open burning will be used and what is to be burned;

(2) A description of the surrounding area, including residences, public facilities, animal grazing areas, or other potential receptors;

(3) Approval from the surface owner or lessee; and

(4) A comparison of the cost of the proposed open burning activities with the cost of alternative disposal options, including documentation of alternative disposal costs.

S.D. Admin. R. 74:12:04:13

38 SDR 117, effective 1/12/2012.

General Authority: SDCL 45-9-11, 45-9-13.

Law Implemented: SDCL 45-9-11, 45-9-13, 45-9-14.