S.D. Admin. R. 74:52:01:10

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

Section 74:52:01:10 - Prohibitions

A permit may not be issued under the following circumstances:

(1) If the conditions of the permit do not provide for compliance with the applicable requirements of the CWA or regulations promulgated under the CWA;

(2) If the applicant is required to obtain a state or other certification under § 74:51:01:63 and that certification has not been obtained or waived;

(3) If the regional administrator has objected to issuance of the permit;

(4) If the imposition of conditions cannot ensure compliance with the applicable water quality standards of South Dakota and affected states;

(5) If, in the judgment of the secretary of the army, anchorage and navigation in or on any of the waters of the United States would be substantially impaired by the discharge;

(6) For the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste;

(7) For a discharge inconsistent with a plan or plan amendment approved under § 208(b) of the CWA; or

(8) To a new source or a new discharger if the discharge from its construction or operation will cause or contribute to the violation of water quality standards. The owner or operator of a new source or a new discharger proposing to discharge into a water segment which does not meet applicable water quality standards or is not expected to meet those standards even after the application of the effluent limitations required by § 301(b)(1)(A) and § 301(b)(1)(B) of the CWA, and for which the state has performed a wasteload allocation for the pollutant to be discharged, must demonstrate, before the close of the public comment period, that:

(a) There are sufficient remaining wasteload allocations to allow for the discharge; and

(b) That the existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards.

S.D. Admin. R. 74:52:01:10

14 SDR 86, effective 12/24/1987; 19 SDR 122, effective 2/21/1993; transferred from; 44 SDR 98, effective 12/11/2017

General Authority: SDCL 34A-2-28.

Law Implemented: SDCL 34A-2-6, 34A-2-33.

Surface water quality standards, ch 74:51:01.