74:51:01:35. Antidegradation of water quality review for existing point source discharges to waters of the state. All surface water discharge permits, at the time of renewal, shall undergo an antidegradation of water quality review by the secretary unless any one of the following situations applies:
(1) The existing facility is operating at or below design flows and pollutant loadings;
(2) The existing effluent quality is in compliance with all of the discharge permit limits;
(3) The existing discharge permittee was discharging to the current stream segment prior to March 27, 1973, and the quality and quantity of the discharge has not degraded the water quality of that segment as it existed on March 27, 1973;
(4) The existing discharge permittee, with department approval, has upgraded or built new wastewater treatment facilities between March 27, 1973, and July 1, 1988; or
(5) The existing discharge permittee discharges to a receiving water assigned only the beneficial uses of fish and wildlife propagation, recreation, and stock watering and irrigation and the discharge is not expected to contain toxic pollutants in concentrations that may cause an impact to the receiving stream. This exemption does not apply to discharges that will cause any adverse impacts to downstream segments that are of higher quality.
Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:50, July 1, 1996; 24 SDR 10, effective July 20, 1997; 25 SDR 98, effective January 27, 1999.
General Authority: SDCL 34A-2-11, 34A-2-93.
Law Implemented: SDCL 34A-2-22.
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