S.D. Admin. R. 74:51:01:28
Inclusion of schedules of compliance with water quality-based limits and requirements in permits is allowable only for existing discharges where a new or more stringent water quality standard or water quality-based effluent limit is applied. To ensure compliance with applicable water quality standards, schedules of compliance may contain interim limits and establish schedules and conditions by which compliance with final water quality-based effluent limits may be achieved. A date for final compliance is required to be as soon as possible based on reasonable, negotiated estimates of the time required to make the necessary changes (e.g., construction of additional treatment capacity) to the treatment facility. Facilities may also be required to evaluate the possibility of achieving water quality-based limits via nonconstruction changes (e.g., facility operation, best management practices, pollution prevention). Compliance schedules are subject to the certification requirements of §§ 74:51:01:63 to 74:51:01:65, inclusive, if the permit is issued by a federal authority. Compliance schedules may not be issued to a new discharge or a new source.
S.D. Admin. R. 74:51:01:28
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-10, 34A-2-11.