Statutes, codes, and regulations
South Dakota Administrative Rules
Title 74 - Department of Environment And Natural ResourcesArticle 74:51 - Surface water quality
Chapter 74:51:01 - Surface water quality standards
Section 74:51:01:60 - Water resource enhancement or restoration projects - Department approval required

S.D. Admin. R. 74:51:01:60

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Current through Register Vol. 51, page 67, December 16, 2024
Section 74:51:01:60 - Water resource enhancement or restoration projects - Department approval required

Projects designed to enhance or restore overall water quality or beneficial uses may include application of registered pesticides for elimination of nuisance aquatic life, including algae, weeds, and undesirable fish life; furtherance of fish and wildlife research projects; and removal of accumulated sediment. The secretary may allow these projects after review and approval of a written project plan and after opportunity for public review and comment if this is required pursuant to § 74:51:01:61. The project plan shall be submitted on a form provided by the department and shall contain the following information:

(1) Name and address of responsible party;
(2) Project goals and purpose;
(3) Project description;
(4) Legal location of project, including maps;
(5) Bodies of water affected;
(6) Estimated date and duration of project;
(7) Methods implemented to minimize pollution;
(8) Other alternatives available and reasons for rejection;
(9) Name and label of pesticide product to be used;
(10) Application rates of pesticide product to be used;
(11) Application methods of pesticide product to be used;
(12) Surfactant toxicity information of pesticide product to be used, if available;
(13) Disposition and quantity of accumulated/dredged sediment, if applicable; and
(14) Equipment used to remove accumulated sediment, if applicable.

If the applicant can provide authorization from the South Dakota Department of Game, Fish and Parks under the provisions of SDCL 41-13-1 and 41-13-2 and of 41-12-13 for the application of registered pesticides, the secretary will consider the project approved and no further information or approval will be required. If authorization from the South Dakota Game, Fish and Parks is not provided the applicant shall follow the requirements in this section and §§ 74:51:01:6.

S.D. Admin. R. 74:51:01:60

18 SDR 128, effective 2/11/1992; 19 SDR 111, effective 1/31/1993; 21 SDR 214, effective 6/21/1995; transferred from; 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.