S.D. Admin. R. 74:56:05:20
If visibly contaminated soils or contaminated soils that exceed the guidelines established in §§ 74:56:05:06 to 74:56:05:14, inclusive, are unrecoverable and left in place under buildings, roads, or structures or are in contact with such features as sewer lines, utility lines, and water supply lines, the responsible person must establish a monitoring program consistent with this chapter. If the department determines that contaminated soils left in place are a potential threat to human health and the environment, the responsible person must take measures to protect public health and the environment. Such measures may include in situ remediation, ventilation, removal, or other applicable technologies as they become available. The department may allow soils contaminated above site-specific standards to be left in place if physical constraints, other than those listed in this section, do not allow for complete removal. Contaminated soils left in place may be remediated with department approval in accordance with §§ 74:56:05:06 to 74:56:05:14, inclusive.
S.D. Admin. R. 74:56:05:20
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.