The department may allow the responsible person to store contaminated soils off-site if the landowner signs an affidavit giving approval for the storage. Off-site storage must comply with the synthetic liner and cover requirements and the sampling requirement outlined in § 74:56:05:21. Contaminated soils may not be stored off-site for more than 30 days. The department may grant off-site storage extensions for circumstances that prohibit disposal if the landowner also approves of the extension. 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.
S.D. Admin. R. 74:56:05:22
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.