S.D. Admin. R. 74:52:01:06

Current through Register Vol. 51, page 46, September 30, 2024

Section 74:52:01:06 - Exclusions

The following activities do not require SWD permits:

(1) The introduction of sewage, industrial wastes, or other pollutants into publicly owned treatment works by indirect dischargers. This exclusion does not apply to the introduction of pollutants to privately owned treatment works or to other discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other party not leading to treatment works;

(2) A discharge in compliance with the instructions of an on-scene coordinator pursuant to 40 C.F.R. Part 300 (July 1, 1991) (the national oil and hazardous substances pollution plan) or 33 C.F.R. § 153.10 (e) (pollution by oil and hazardous substances) (July 1, 1991);

(3) The introduction of pollutants from non-point source agricultural activities, including runoff from orchards, cultivated crops, pastures, range lands, and forest lands;

(4) Return flows from irrigated agriculture;

(5) Discharges of dredged or fill materials into waters of the United States which are regulated under § 404 of the CWA;

(6) Storm water runoff from oil and gas exploration, production, processing or treatment operations or transmission facilities, composed entirely of flows which are from conveyances, including pipes, conduits, ditches, and channels, used for collecting and conveying precipitation runoff and which does not come into contact with any overburden, raw material, intermediate products, finished products, by-products, or waste products located on the site of such operations;

(7) Storm water runoff from industrial facilities that have completed and submitted a certification statement in accordance with 40 C.F.R § 122.26 (g) (July 1, 2001) identifying the facility to have no exposure to storm water runoff; and

(8) Storm water runoff from a small municipal separate storm sewer system that serves a population of less than 1,000 persons within an urbanized area as determined by the 2000 census by the Bureau of Census.

S.D. Admin. R. 74:52:01:06

14 SDR 86, effective 12/24/1987; transferred from

General Authority: SDCL 34A-2-28.

Law Implemented: SDCL 34A-2-36.