74:02:01:12. Publication of notices -- Responsibility of applicants -- Costs.Repealed.
Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:10, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.
74:02:01:12.01. Additional information for water permit application hearing. If a mining permit, discharge permit, or any other permit is required in addition to a water permit, pertinent information including conceptual design parameters relevant to the water permit and required for the other permits, must be available for the water permit application hearing if required by the board or chief engineer.
Source: 15 SDR 158, effective April 23, 1989.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2-11, 46-5-11.
74:02:01:12.02. Waiver of right to receive notice and other materials. Any person filing a petition to participate in a hearing before the board who does not attend the hearing waives the right to receive further notices and other materials pertaining to the hearing, unless the petitioner makes a written request to the chief engineer to receive further notices and other materials.
Source: 17 SDR 40, effective September 19, 1990.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 1-26-18, 46-2-5.
74:02:01:12.03. Delegation of authority to chief engineer to issue uncontested permits. If no petition in opposition is filed pursuant to § 74:02:01:12.04, the chief engineer may issue permits on behalf of the board pursuant to SDCL 46-1-16, 46-2-3.1, 46-2A-23, and 46-5-6.11. A permit may be issued no sooner than 15 days after the publication required by SDCL 46-2A-4. Petitions filed in support of an application will not result in a hearing before the board; however, the petitioner must receive notice if a hearing is held before the board.
Source: 17 SDR 51, effective October 11, 1990; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-1-16, 46-2-3.1, 46-2-5.
Law Implemented: SDCL 46-1-14, 46-1-16, 46-2-3.1, 46-2-9, 46-2-11, 46-2-17, 46-2A-4, 46-2A-23, 46-5-6.11, 46-6-26.
74:02:01:12.04. Deadline to file petitions. Petitions filed pursuant to SDCL 46-2A-4(4) or 46-2A-23 to oppose or support an application must be served by first class mail or personally delivered to the chief engineer's office and the applicant. Mail must be postmarked or personal delivery must occur at least 10 days before the published date of hearing pursuant to SDCL 46-2A-4 or within 10 days after the published notice pursuant to SDCL 46-2A-23. If the tenth day is a Saturday, Sunday, or legal holiday, petitions must be postmarked or personally delivered to the chief engineer's office and the applicant by the next working day.
Source: 17 SDR 51, effective October 11, 1990; 20 SDR 53, effective October 20, 1993; 39 SDR 37, effective September 10, 2012.
General Authority: SDCL 46-2-5.
Law Implemented: SDCL 46-2A-4, 46-2A-23.
74:02:01:12.05. Procedure to contest chief engineer's recommendation. If the applicant for a permit contests the chief engineer's recommendation, the applicant must file a petition in accordance with SDCL 46-2A-4 to 46-2A-6, inclusive, 46-2A-23, and § 74:02:01:12.04.
Source: 17 SDR 51, effective October 11, 1990; 20 SDR 53, effective October 20, 1993.
General Authority: SDCL 46-1-16, 46-2-3.1, 46-2-5.
Law Implemented: SDCL 46-1-16, 46-2A-4, 46-2A-23, 46-5-6.11.
74:02:01:12.06. Published date of hearing. For purposes of allowing the chief engineer to issue permits pursuant to SDCL 46-1-16 and 46-5-6.11 and to meet publication requirements, any day that is not a Saturday, Sunday, or legal holiday may be designated by the secretary of the Department of Agriculture and Natural Resources as a board meeting date. The published date of hearing for applications must be at least 20 days after the publication of the notice. The published notice must include a statement that the hearing may be rescheduled if a petition opposing the application is received or the chief engineer's recommendation is contested.
Source: 17 SDR 51, effective October 11, 1990; 39 SDR 37, effective September 10, 2012; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 46-1-16, 46-2-3.1, 46-2-5.
Law Implemented: SDCL 1-40-18, 46-1-16, 46-2A-4, 46-2A-5, 46-5-6.11.
