S.D. Admin. R. 74:36:04:15

Current through Register Vol. 51, page 71, January 6, 2025

Section 74:36:04:15 - Contents of operating permit

An operating permit for a minor source shall include the following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted a permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the operating permit was granted and on which it will expire;

(6) A number for administrative reference;

(7) The name of a designated person or officer responsible for the source's operation;

(8) A statement granting an operating permit by the board or secretary and any conditions that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements of the act and the Clean Air Act;

(10) Monitoring and related record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, permit termination, revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) The operating permit may be revised, revoked and reissued, reopened, or terminated for cause;

(c) The operating permit does not convey any property rights of any sort or any exclusive privilege; and

(d) The permittee shall provide any information, including records, requested in writing by the department to determine whether cause exists for revising, revoking and reissuing, reopening, or terminating the permit or to determine compliance.

S.D. Admin. R. 74:36:04:15

2 SDR 40, effective 12/7/1975; transferred from

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.