S.D. Admin. R. 74:36:01:16

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

Section 74:36:01:16 - Responsible official defined

A responsible official is defined as one of the following:

(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit, and either:

(a) The facility employs more than 250 persons or has gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

(b) The delegation of authority to such a representative is approved in advance by the department;

(2) For a partnership or sole proprietorship, a general partner or the proprietor, respectively;

(3) For a municipal, state, federal, or other public agency, either a principal executive officer or ranking elected official. For the purposes of this subdivision, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or

(4) For affected sources:

(a) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated under it are concerned; or

(b) The designated representative for any other purposes under chapter 74:36:05.

S.D. Admin. R. 74:36:01:16

19 SDR 157, effective 4/22/1993; 31 SDR 101, effective 1/2/2005.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.