ENTITLED An Act to require that certain operations obtain their own general or individual water pollution permits.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34A-2-36.2 be AMENDED:

34A-2-36.2. Each concentrated animal feeding operation, as defined by 40 C.F.R. § 122.23 (January 1, 2023), shall operate under a general or individual water pollution control permit, issued pursuant to § 34A-2-36.

Section 2. That chapter 34A-2 be amended with a NEW SECTION:

If an operation processes or stores manure, or processes or stores process wastewater, as those terms are defined in 40 C.F.R. § 122.23 (January 1, 2023), without coverage under a concentrated animal feeding operation's general or individual water pollution control permit issued pursuant to §§ 34A-2-36 and 34A-2-36.2, and if the maximum number of permitted or unpermitted animals from which manure or process wastewater is processed or stored would meet the definition of a large concentrated animal feeding operation, under 40 C.F.R. § 122.23 (January 1, 2023), that operation must obtain its own general or individual water pollution permit pursuant to § 34A-2-36.

An Act to require that certain operations obtain their own general or individual water pollution permits.