S.D. Admin. R. 74:51:01:55

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

Section 74:51:01:55 - Criteria for toxic pollutants

Toxic pollutants at levels which are or may become injurious to public health, safety, or welfare; plant, aquatic, and animal life; or the existing or designated uses of waters may not be present in the surface waters of the state. The toxic pollutants to which this section applies are the priority pollutants and chemicals in 40 C.F.R. Part 131 (July 1, 2020) and any other toxic pollutants or substances determined by the secretary to be of concern at a specific site. Appendix B at the end of this chapter lists the priority pollutants and chemicals for which specific numerical criteria have been adopted by the board.

The levels of toxic pollutants allowed in surface waters shall be determined by the secretary in accordance with the chronic/acute criteria levels specified for human health and aquatic life in the National Recommended Water Quality Criteria and as translated in Appendix B. The secretary shall use a one-in-a-million (10^-6) risk level when determining applicable human health criteria.

Upon written request, the board may determine allowable levels of toxic pollutants in surface waters of the state in accordance with § 74:51:01:23 or 74:51:01:24, after opportunity for public review and comment. If a numerical criterion has been established for a toxic pollutant in §§ 74:51:01:31, 74:51:01:32, and 74:51:01:44 to 74:51:01:54, inclusive, and in § 74:51:01:56, the provisions of this section do not apply to that substance. Toxic pollutants identified in and allowed by §§ 74:51:01:58 and 74:51:01:59 for water resource enhancement or restoration projects are exempt from the provisions of this section.

S.D. Admin. R. 74:51:01:55

SL 1975, ch 16, § 1; transferred from § 34:04:02:14, effective 7/1/1979; 10 SDR 145, effective 7/4/1984; 13 SDR 129, 13 SDR 141, effective 7/1/1987; 14 SDR 86, effective 12/24/1987; 16 SDR 196, effective 5/23/1990; 18 SDR 128, effective 2/11/1992; 19 SDR 111, effective 1/31/1993; transferred from § 74:03:02:14, July 1, 1996; 24 SDR 10, effective 7/20/1997; 25 SDR 98, effective 1/27/1999; 31 SDR 29, effective 9/13/2004; 35 SDR 253, effective 5/12/2009; 41 SDR 109, effective 1/12/2015; 47 SDR 110, effective 4/27/2021

General Authority: SDCL 34A-2-11, 34A-2-93.

Law Implemented: SDCL 34A-2-10, 34A-2-11.

National Recommended Water Quality Criteria: (October 2020) The priority pollutants can be found on the United States Environmental Protection Agency's website at https://www.epa.gov/wqc/national-recommended-water-quality-criteria-aquatic-life-criteria-table and https://www.epa.gov/wqc/national-recommended-water-quality-criteria-human-health-criteria-table. Toxic pollutant criteria, Appendix B, ch 74:51:01; Protection of wetlands as waters of the state, § 74:51:01:11.