S.D. Admin. R. 74:52:03:02

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

Section 74:52:03:02 - Standard conditions

The standard SWD permit conditions are as follows:

(1) The permittee must comply with all conditions of the SWD permit. Any permit noncompliance constitutes grounds for enforcement action pursuant to the Act, permit termination, revocation and reissuance, modification, or denial of a permit renewal application;

(2) If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee must apply for and obtain a new permit;

(3) A permittee may not use as a defense in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit;

(4) The permittee must take all reasonable steps to minimize or prevent any discharge in violation of the permit which has a reasonable likelihood of adversely affecting human health or the environment;

(5) The permittee shall at all times operate and maintain all facilities and systems of treatment and control and related appurtenances which are installed or used by the permittee in a manner to achieve compliance with the conditions of the permit. Operation and maintenance includes laboratory controls and quality assurance procedures. This subdivision requires the operation of backup or auxiliary facilities or similar systems which are installed by a permittee only if the operation is necessary to achieve compliance with the conditions of the permit;

(6) The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for permit modification, revocation and reissuance, or termination or the filing of notification of planned changes or anticipated noncompliance does not relieve the permittee of any permit condition;

(7) The permit does not convey property rights of any sort or any exclusive privilege;

(8) The permittee shall furnish the secretary, within 30 days, any information which the secretary may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. The permittee must furnish the secretary upon request, copies of records required to be kept by the permit;

(9) All applications and reports on information submitted to the secretary must be signed and certified; and

(10) If the permittee becomes aware that the permittee failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or any report to the secretary, the permittee must promptly submit such facts or information.

S.D. Admin. R. 74:52:03:02

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

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-39 to 34A-2-42, 34A-2-44.