S.D. Admin. R. 74:52:03:07

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

Section 74:52:03:07 - Reporting compliance and noncompliance

Reporting compliance and noncompliance must be done as follows:

(1) The permittee must report any noncompliance which may endanger public health or the environment. The following information must be provided orally to the secretary within 24 hours from the time the permittee becomes aware of the circumstances:

(a) A unanticipated bypass which exceeds an effluent limitation in the permit;

(b) A upset which exceeds an effluent limitation in the permit;

(c) Violation of a maximum daily discharge limitation for any of the pollutants listed by the secretary in the permit;

(2) A written report must be provided to the secretary within five days after the time the permittee becomes aware of the circumstances. The written report must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance;

(3) The secretary may waive the written report on a case-by-case basis for reports under subdivision (1) of this section if the oral report has been received within 24 hours; and

(4) The permittee must report all instances of noncompliance not reported under subdivision (1) of this section at the time monitoring reports are submitted. The reports shall contain the information listed in subdivision (2) of this section.

S.D. Admin. R. 74:52:03:07

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.