S.D. Admin. R. 74:56:05:21

Current through Register Vol. 51, page 34, September 9, 2024

Section 74:56:05:21 - On-site storage of contaminated soils

The responsible person must dispose of all contaminated soils in accordance with article 74:27. If circumstances prohibit disposal within 72 hours after excavation, the responsible person must notify the department and store the contaminated soils on-site as follows:

(1) The responsible person must place all contaminated soils on a minimum 10-mil, single-layer or composite, synthetic membrane liner. The liner must be installed undamaged on a surface free of angular rocks, roots, and other materials that may damage the integrity of the liner;

(2) Once the liner has been installed the responsible person must dike the liner to prevent surface runoff and prevent movement of the liner;

(3) When stockpiling is completed, the responsible person must cover soils with a minimum 10-mil, single-layer or composite, flexible membrane material that is anchored to the dike.

If contaminated soils are not stored on a hardtop surface, the responsible person must collect one soil sample from beneath the synthetic membrane liner immediately after disposal and have it analyzed for the same constituents for which the stored soils were analyzed.

Contaminated soils may not be stored on-site for more than 30 days. The department may grant 30-day extensions if circumstances prohibit disposal. Trucking distance to a landfill is not an extendable circumstance unless the department is notified of actions being taken by the responsible person to arrange for alternative disposal, such as land farming, and the department is satisfied that a good faith effort is being made.

If contaminated soils are stored on-site for more than 30 days, the responsible person must inspect the flexible membrane material cover every 30 days and replace it, if necessary, with a new 10-mil flexible membrane material cover.

S.D. Admin. R. 74:56:05:21

17 SDR 37, effective 9/12/1990; transferred from

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.