S.D. Admin. R. 74:52:01:02.03
Any new discharger, the construction of which commenced after October 18, 1972, or new source which meets the applicable promulgated new source performance standards before the commencement of discharge, may not be subject to any more stringent new source performance standards or to any more stringent technology-based standards under chapter 74:52:07 for the soonest ending of the following periods:
When an surface water discharge permit issued to a source with a "protection period" under this section will expire on or after the expiration of the protection period, that permit shall require the owner or operator of the source to comply with the requirements of Chapter 74:52:07 immediately upon the expiration of the protection period. No additional period for achieving compliance with these requirements may be allowed except when necessary to achieve compliance with requirements promulgated less than 3 years before the expiration of the protection period.
The owner or operator of a new source, a new discharger which commenced discharge after August 13, 1979, or a recommencing discharger shall install and have in operating condition, and shall "start-up" all pollution control equipment required to meet the conditions of its permits before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), the owner or operator must meet all permit conditions. The requirements of this paragraph do not apply if the owner or operator is issued a permit containing a compliance schedule under § 74:52:03:22.
After the effective date of new source performance standards, it shall be unlawful for any owner or operator of any new source to operate the source in violation of those standards applicable to the source.
S.D. Admin. R. 74:52:01:02.03
General Authority: SDCL 34A-2-28.
Law Implemented: SDCL 34A-2-36, 34A-2-36.2.