S.D. Admin. R. 74:52:02:28

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

Section 74:52:02:28 - Application requirements for new and existing concentrated animal feeding operations

New and existing concentrated animal feeding operations shall provide the following information, using the application form provided by the secretary:

(1) The name of the owner or operator;

(2) The facility location and mailing address;

(3) Latitude and longitude of the entrance to the production area;

(4) A topographic map, or other map if a topographic map is unavailable, extending one mile beyond the property boundaries of the operation and showing the specific location of the production area;

(5) Specific information about the number and type of animals, whether in open confinement or housed under roof, including beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, and other;

(6) The type of containment and storage, such as anaerobic lagoon, roofed storage shed, storage ponds, underfloor pits, above ground storage tanks, below ground storage tanks, concrete pad, impervious soil pad, other and total capacity for manure, litter, and process wastewater storage in tons or gallons;

(7) The total number of acres under control of the applicant available for land application of manure, litter, or process wastewater;

(8) Estimated amounts of manure, litter, and process wastewater generated per year in tons or gallons;

(9) Estimated amounts of manure, litter, and process wastewater transferred to other persons per year in tons or gallons;

(10) For CAFOs that must seek coverage under a permit after December 31, 2006, a nutrient management plan that will be implemented upon the date of permit coverage;

(11) The activities being conducted which require the applicant to obtain a SWD permit;

(12) From one to four Standard Industrial Classification (SIC) codes which best reflect the principal products or services provided by the facility;

(13) The operator's address, telephone number, ownership status, and federal, state, private, public, or other entity status;

(14) Whether the facility is located on Indian lands;

(15) A list of all other relevant environmental permits or construction approvals received or required by state or federal law;

(16) Manure management system plans and specifications for review and approval in accordance with chapter 74:53:04;

(17) A brief description of the nature of the business;

(18) Any other information required by the secretary to determine any significant adverse environmental effects of the discharge;

(19) The signature of the certifying official under § 74:52:02:18;

(20) Whether the applicant, any officer, director, partner, or resident general manager making the application meets any of the criteria contained in SDCL 1-40-27; and

(21) Whether the application substantially duplicates an application by the same applicant which was denied by the secretary within the past five years and which has not been reversed by a court of competent jurisdiction.

Subdivisions (1) to (10), inclusive, of this section must also be included in any notice of intent for coverage under a general permit for concentrated animal feeding operations.

S.D. Admin. R. 74:52:02:28

14 SDR 86, effective 12/24/1987; 19 SDR 122, effective 2/21/1993; transferred from

General Authority: SDCL 34A-2-30; 34A-2-93.

Law Implemented: SDCL 34A-2-40, 34A-2-44.