Administrative Rule 74:27:12 | South Dakota Legislature

74:27:12:01. Applicability -- Exemptions. This chapter applies to all new MSWLFs and lateral expansions of MSWLFs. The requirements of § 74:27:12:21 apply to all facilities. The requirements of § 74:27:12:19 are subject to the phase-in period provisions of § 74:27:19:02.

Facilities meeting the small-town exemption criteria in § 74:27:12:25 are exempt from the provisions of §§ 74:27:12:17 and 74:27:12:18.

Rubble sites, construction demolition sites, and restricted-use sites must comply with the applicable provisions of §§ 74:27:12:04, 74:27:12:06 to 74:27:12:12, inclusive, 74:27:12:16, 74:27:12:21, and 74:27:12:23.

Nonmunicipal solid waste monofills and other types of facilities not specifically listed must comply with the applicable provisions of §§ 74:27:12:04 to 74:27:12:14, inclusive; 74:27:12:16 to 74:27:12:19, inclusive; and 74:27:12:21 to 74:27:12:23, inclusive.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993; 20 SDR 56, effective October 24, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6, 34A-6-1.37.

Rule 74:27:12:02 Design criteria.

74:27:12:02. Design criteria. Facilities must be designed and constructed to protect human health and prevent degradation of the environment, including ambient groundwater quality, surface water quality, and air quality. Notwithstanding the provisions of § 74:27:12:17, the design must ensure that the concentration values of 40 C.F.R. Part 258, as published in 56 Fed. Reg. 51,022 (October 9, 1991) are not exceeded at the relevant point of compliance.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:03 Site characterization.

74:27:12:03. Site characterization. An adequate site characterization includes the following:

(1) Each of the location standards of chapter 74:27:11 in relation to the proposed site;

(2) The number of acres comprising the proposed site;

(3) Climatic data, including source and location of data;

(4) Local wind patterns;

(5) Current land use and zoning within a one-mile radius;

(6) Occupied dwellings within a one-mile radius;

(7) Water usage, including sources of water and well depths, within a one-mile radius;

(8) Surface waters, including wetlands and their classifications, within a one-mile radius;

(9) General topography and drainage patterns within a two-mile radius;

(10) Existing site information, its source, reliability, and extent;

(11) Soil and geologic conditions at the proposed site, including:

(a) Soil types and characteristics;

(b) Thickness of unconsolidated materials;

(d) Fracture patterns; and

(e) Unstable/seismic areas;

(12) Hydrogeologic conditions at the site, including:

(a) Depth to groundwater and the uppermost aquifer;

(b) Saturated thickness and lateral extent of potentially impacted aquifers or other pertinent geologic units;

(c) The potential for groundwater and uppermost aquifer use for domestic water supplies, livestock watering, and irrigation purposes;

(d) Flow rate and flow direction of groundwater; and

(e) Ambient quality of groundwater; and

(13) The calculations performed to determine the potential for leachate generation at the site.

The secretary may require presubmission meetings as provided by § 74:27:08:05 to discuss the procedures for the site characterization as well as the results of the site characterization.

The applicant shall include all data, maps, soil boring, logs, and geologic cross-sections identifying the types and characteristics of the geologic materials present; zones of high permeability or fractures; depth to the zone of saturation; calculations for soil characteristics, groundwater flow direction and velocity, surface water drainage direction, and potential leachate generation quantity; well logs; potentiometric surface maps; laboratory analyses; and any other pertinent information with the results of the site characterization.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:04 Soil borings -- Soil properties.

74:27:12:04. Soil borings -- Soil properties. The applicant shall locate soil borings to best represent geologic conditions at the site. Borings shall extend to depths sufficient to determine site conditions. The applicant shall base the number of soil borings necessary and the depths to which they extend upon the geologic complexity of the site. The applicant shall backfill or plug abandoned borings using methods specified in chapter 74:02:04.

The applicant shall determine soil properties by field testing or laboratory testing, or by both methods. Methods shall be used to determine the soil classification, permeability, and particle size distribution, and to evaluate other characteristics that may be necessary to define soil properties as required by subdivision 74:27:12:03(11).

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:05 Hydrogeologic evaluation.

74:27:12:05. Hydrogeologic evaluation. The applicant shall conduct a hydrogeologic evaluation at or near the site to determine, at a minimum, the groundwater flow direction, gradient, and ambient quality. Well construction must conform to the requirements of subdivision 74:54:02:06(9)(f). The applicant shall determine ambient groundwater quality before permit approval. The secretary shall approve the sampling parameters. Sampling results shall be compared to the groundwater quality standards of §§ 74:54:01:04 and 74:54:01:05.

Sampling and analytical techniques must conform to the requirements of § 74:54:01:06. Groundwater level measurements and water quality analyses of existing wells may also be used in determining the hydrogeologic conditions at the site.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:06 All-weather roads.

74:27:12:06. All-weather roads. Each facility must be accessible by an all-weather access road and must have all-weather on-site roads suitable for travel by loaded vehicles.

Source: 17 SDR 8, effective July 26, 1990.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:07 All-weather fill areas.

74:27:12:07. All-weather fill area. Each facility open to the public must have an all-weather fill area for use during inclement weather.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:08 Posting standards.

74:27:12:08. Posting standards. Each facility shall have a sign posted at the entrance stating the name of the facility, the name and phone number of the person responsible for the site, days and hours of operation, unloading directions, fees, prohibited wastes, and other information as needed.

Source: 17 SDR 8, effective July 26, 1990.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:09 Public access control.

74:27:12:09. Public access control. Public access to the site must be controlled through the use of fences, gates with locks, and similar controls.

Source: 17 SDR 8, effective July 26, 1990.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:10 Litter control devices.

74:27:12:10. Litter control devices. MSWLFs must have litter control devices at the face of the unloading area and around the perimeter of the site. The litter control devices must be of sufficient size to control blowing litter.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:11 Fire control.

74:27:12:11. Fire control. MSWLFs must have a fire lane at least 25 feet wide around the active disposal area and within the perimeter fence. Other types of solid waste facilities must have fire lanes in conformance with local ordinances, if applicable.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:12 Buffer zone.

74:27:12:12. Buffer zone. MSWLFs must have a buffer zone of at least 100 feet, including the fire lane, within the perimeter fence. Other solid waste facilities must have buffer zones in conformance with local ordinances, if applicable.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:13 Truck-washing facilities.

74:27:12:13. Truck-washing facilities. Truck-washing facilities, if provided, must be hard-surfaced. Wash water is considered leachate and must be disposed of in accordance with § 74:27:13:24.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:14 Waste storage areas.

74:27:12:14. Waste storage areas. Waste storage areas, if provided, must be designed to store the maximum amount of waste in storage at any one time, be limited to authorized personnel, protect wastes from the elements, and be ventilated to the outdoors.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:15 Personnel facilities.

74:27:12:15. Personnel facilities. Type I and II MSWLFs must include employee facilities that provide shelter, sanitary facilities, potable drinking water, safety equipment, and emergency communication equipment.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:16 Surface water control.

74:27:12:16. Surface water control. Surface water drainage and control systems shall divert normal surface water flow and storm water runoff around or away from areas where waste is present and from other operational areas. Surface water drainage and control systems must be designed to minimize mixing of storm water with leachate and to handle the peak flow from a 25-year, 24-hour storm. Storm water and other surface drainage that comes into contact with solid waste or mixes with leachate shall be considered leachate and be handled according to § 74:27:12:18.

Discharges of retained surface waters must meet the requirements of 40 C.F.R. Part 122, as published on 57 Fed. Reg. 11,394 to 11,413, inclusive (April 1, 1992). Disposal methods for accumulated sediment in the surface water control structures must be approved by the secretary.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Cross-Reference: Definitions, § 74:02:08:01.

Rule 74:27:12:17 Liner systems.

74:27:12:17. Liner systems. An applicant shall incorporate a composite liner system into the design of the MSWLFs unless the facility meets the small-town exemption criteria specified in § 74:27:12:25. The secretary may require liner systems for other disposal facilities when the wastes have a potential to pollute groundwater or surface water. An alternative liner system may be approved by the secretary if the applicant can demonstrate compliance with the design criteria specified in § 74:27:12:02. Liner systems must be constructed of materials that have the strength, thickness, and chemical properties needed to prevent failure due to pressure gradients, physical contact with the waste or leachate to which they are exposed, climatic conditions, stress of installation, and stress of daily operation. The board or secretary shall determine liner configuration and components case by case.

Soil liner components must, at a minimum:

(1) Have a recompacted maximum coefficient of permeability of 1 x 10^-7 centimeters per second;

(2) Have a two-foot compacted thickness placed in six-inch scarified and compacted lifts with no materials greater than three inches in diameter;

(3) Meet compaction specifications equivalent to 95 percent standard proctor density with a moisture content of 0 - 6 percent wet of optimum moisture;

(4) Have a minimum bottom slope of 2 percent;

(5) Have a twelve-inch protective drainage layer with a permeability greater than 1 x 10^-3 centimeters per second placed over the soil liner;

The secretary may require a test pad to document field permeability. The applicant shall use field testing methods approved by the secretary and shall take an undisturbed sample for laboratory comparison of field values.

Flexible membrane liners (FMLs) must, at a minimum, be compatible with leachate, have a 60 mil thickness, have a life expectancy longer than the life of the facility, and be installed on a compacted soil liner of at least 2 percent slope. Installation of FMLs must be consistent with the manufacturer's specifications and recommendations.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:18 Leachate collection and removal systems.

74:27:12:18. Leachate collection and removal systems. MSWLFs shall incorporate a leachate collection and removal system into the design of the facility unless exempted from these requirements by the small-town exemption provisions of § 74:27:12:25. Leachate collection and removal systems must meet the following requirements:

(1) Be constructed of materials chemically resistant to the waste to be disposed of in the landfill and to the leachate expected to be generated;

(2) Of sufficient strength and thickness to prevent collapse under pressures exerted by overlying wastes and cover materials and by equipment used at the landfill;

(3) Designed and operated to prevent clogging through the active life of the facility and the postclosure period; and

(4) Designed to move leachate within the drainage system to a central collection point for treatment or disposal.

The leachate collection and removal system must be of the appropriate size and spacing with sumps and pumps or other means to efficiently remove leachate. Sufficient granular material or synthetic fabric filter shall be placed over the leachate collection system to prevent clogging of the infiltration system.

The size of the leachate storage unit shall be based upon the calculated potential for leachate generation and the amount of storage time required. Liner system configurations, leak detection components, overflow containment, and freeboard requirements for leachate storage units must have the approval of the secretary before construction.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:19 Groundwater monitoring systems.

74:27:12:19. Groundwater monitoring systems. An applicant must incorporate a groundwater monitoring system into the design of the MSWLF. The secretary may require groundwater monitoring systems for other facilities. Groundwater monitoring systems must meet the applicable provisions of chapter 74:27:19.

The applicant shall submit a groundwater monitoring plan for the disposal facility to the secretary for approval. It must, at a minimum, detail monitoring systems, monitoring parameters, and monitoring frequencies.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993; 20 SDR 56, effective October 24, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6, 34A-6-1.7.

Rule 74:27:12:20 Methane gas systems.

74:27:12:20. Methane gas systems. The secretary may require an applicant to incorporate a methane gas control system into the design of the facility. Methane gas must be controlled as necessary to avoid posing a hazard to occupants of adjacent property and to prevent lateral migration of the gas.

Methane gas control systems must be designed to prevent fires and explosions due to accumulation of methane concentrations on and off the site of the facility, damage to vegetation on final cover of closed units, and objectionable odors. The applicant shall install systems to reduce pressure in the interior of the landfill by collecting the gases to prevent them from moving laterally.

The secretary shall approve design and construction details, including locations of collection pipes, pathways, or vents case by case. Methane gas systems may not interfere with or cause failure of the liner system.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:21 Final cover.

74:27:12:21. Final cover. A minimum of 18 inches of compacted soil material and 6 inches of topsoil must be placed over MSWLF units that have reached design capacity. The compacted soil layer for existing MSWLFs or for MSWLFs meeting the small-town exemption criteria specified in § 74:27:12:25 must have a permeability of 1 x 10^-5 cm/sec or less.

The compacted soil layer for new MSWLFs or lateral expansion of existing MSWLFs must have a permeability of 1 x 10^-5 cm/sec or less. The final surface gradient of the unit must be at least 2 percent to prevent ponding. The vegetative cover must be seeded and established in accordance with the South Dakota Field Office Technical Guide, Section IV-A, Plant Sciences, (September 26, 1984), Critical Area Planting, and in consultation with the local soil conservation district office personnel. Other facilities must install a minimum of two feet of earthen material capable of maintaining perennial vegetation.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:22 Construction quality assurance plan.

74:27:12:22. Construction quality assurance plan. The applicant shall develop a construction quality assurance plan that addresses all aspects of facility construction. The plan shall include the following:

(1) A description of the responsibilities and authorities of key personnel;

(2) A description of the required level of experience, training, and duties of the contractor, the contractor's crew, and the quality assurance inspectors;

(3) A description of the testing protocols for every major phase of construction, including the frequencies of inspections, field testing, and sampling for laboratory testing;

(4) The sampling and field testing procedures and the equipment to be used;

(5) The calibration of field testing equipment;

(6) The laboratory procedures to be used; and

(7) Documentation to be maintained.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:23 Construction notification.

74:27:12:23. Construction notification. The applicant shall notify the secretary at least 30 days before the expected initiation of construction. In addition, the operator shall maintain "as built" drawings of the facility.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:24 Variances.

74:27:12:24. Variances. The board or secretary may grant variances to the provisions of §§ 74:27:12:08, 74:27:12:11, 74:27:12:12, 74:27:12:14, 74:27:12:15, 74:27:12:17, 74:27:12:18, 74:27:12:19, 74:27:12:20, 74:27:12:21, and 74:27:12:23 case by case. All demonstrations for variances for MSWLFs must meet the requirements of 40 C.F.R. Part 258 as published on 56 Fed. Reg. 50,978 to 51,119, inclusive (October 9, 1991).

Source: 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

Rule 74:27:12:25 Small-town exemption criteria.

74:27:12:25. Small-town exemption criteria. A MSWLF must supply written documentation to the secretary that it meets the following criteria in order to qualify for a small-town exemption:

(1) It disposes of less than 20 tons of solid waste daily, based on an annual average;

(2) It exhibits no groundwater contamination at the disposal site;

(3) It is located in an area receiving less than 25 inches of precipitation annually; and

(4) It has no practicable waste management alternative, defined as follows:

(a) The MSWLF is not located in an aquifer and at least 100 feet of unweathered till or unweathered shale separate the facility bottom from an aquifer;

(b) The MSWLF is located more than 50 miles from a regional MSWLF; and

(c) The annual cost of solid waste disposal exceeds 1.0 percent of the average annual median household income of the population served.

A MSWLF that meets all of the criteria in this section is automatically granted the exemption.

A new MSWLF that meets the criteria in subdivisions (1), (2), and (3) of this section as defined in 40 C.F.R. Part 258 as published on 56 Fed. Reg. 51,017 (October 9, 1991) but does not meet one or more of the criteria in subdivision (4) may petition the board for a hearing. The hearing may be held either separately or in conjunction with a hearing on the solid waste permit for their landfill. During the hearing on the small-town exemption, the applicant may present facts to the board to support that it has no practicable alternative. After hearing all testimony, the board may either approve, deny, or approve with conditions a small-town exemption.

Before April 9, 1994, an existing MSWLF that meets the criteria in subdivisions (1), (2), and (3) of this section but does not meet one or more of the criteria in subdivision (4) may petition the secretary for a small-town exemption. The owner or operator must present facts in the petition to the secretary to show that it does not have a practicable alternative because the regional facility is not yet constructed through no fault of the existing MSWLF. The secretary may either approve, deny, or approve with conditions, a small-town exemption. The secretary may not grant a small-town exemption that is effective beyond October 8, 1995.

If a MSWLF fails to conform with one or more of the criteria of subdivisions (1) to (3), inclusive, of this section, the MSWLF's small-town exemption becomes void.

Source: 19 SDR 186, effective June 10, 1993; 20 SDR 56, effective October 24, 1993; 20 SDR 125, effective February 9, 1994.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.

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