S.D. Admin. R. 74:51:01:63

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

Section 74:51:01:63 - Application requirements for certification of compliance with water quality standards

An applicant for a federal permit or license to conduct an activity, including the construction or operation of facilities, which may result in a discharge of pollutants into surface waters of the state must receive certification of compliance with water quality standards from the secretary. A copy of the federal project application as submitted by the applicant or the responsible federal agency shall serve as request for certification. If the contents of the federal application do not provide adequate information to determine compliance with applicable water quality standards, the secretary may request any additional information required to determine compliance, including the following:

(1) The name and address of the applicant;

(2) A description of the activity to be performed, including the amount, duration, and potential impacts of any discharges to surface waters of the state;

(3) A description of the uses of the surface waters of the state within a one-quarter mile radius of the affected area;

(4) A description of any monitoring to be conducted prior to, during, and following the activity to assess impacts on water quality;

(5) A description of the present water quality in the affected area;

(6) A list and description of processes and operating procedures conducted by the permittee to reduce or eliminate impacts on water quality;

(7) The date or dates that the activity will begin and end, if known, and the date or dates that a discharge will occur; and

(8) A plan to avoid, minimize, or compensate for any adverse impacts directly attributable to the project, including changes in or reduction of:

(a) Channel length or width;

(b) Flood storage;

(c) Riparian habitat;

(d) Hydrology;

(e) Acreage; or

(f) Biological community.

S.D. Admin. R. 74:51:01:63

14 SDR 86, effective 12/24/1987; 19 SDR 111, effective 1/31/1993; transferred from § 74:03:02:55, July 1, 1996; 31 SDR 29, effective 9/13/2004; 41 SDR 109, effective 1/12/2015; 47 SDR 110, effective 4/27/2021

General Authority: SDCL 34A-2-11, 34A-2-33, 34A-2-34, 34A-2-93.

Law Implemented: SDCL 34A-2-33, 34A-2-34.

State certification of activities requiring a federal license or permit, 40 C.F.R. § 121 (September 11, 2020).