74:51:01:65. Secretary's certification of compliance with water quality standards. The certification of the secretary that water quality standards are protected must include the conditions that are necessary to ensure compliance with the provisions of this chapter and a statement that there is a reasonable assurance that the activity will be conducted in a manner that will not violate applicable water quality standards. The secretary shall provide certification or denial of certification to the applicant within 60 working days after receipt of the complete application.
If the secretary fails to issue certification within the 60 working days after receipt of the application or fails to submit to the responsible federal agency a written request to allow an extension of time for a determination, the applicant may consider water quality certification to be waived. The secretary may expressly waive in writing the authority to act on the request for certification.
Source: 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:57, July 1, 1996; 31 SDR 29, effective September 13, 2004; 35 SDR 253, effective May 12, 2009; 41 SDR 109, effective January 12, 2015.
General Authority: SDCL 34A-2-11, 34A-2-33, 34A-2-34, 34A-2-93.
Law Implemented: SDCL 34A-2-33, 34A-2-34.
Cross-Reference: State certification of activities requiring a federal license or permit, 40 C.F.R. § 121 (July 1, 2014).
Back to 74:51:01