ARTICLE 74:34
REGULATED SUBSTANCE DISCHARGES
Chapter
74:34:01 Regulated substance list and reporting of discharges.
CHAPTER 74:34:01
REGULATED SUBSTANCE LIST AND REPORTING OF DISCHARGES
Section
74:34:01:01 Definitions.
74:34:01:02 Applicability.
74:34:01:03 Regulated substances list.
74:34:01:04 Reporting of known discharges -- Reportable quantities.
74:34:01:05 Reporting of suspected discharges.
74:34:01:06 Discharge report.
74:34:01:01. Definitions. Terms used in this article mean:
(1) "CERCLA," the Comprehensive Emergency Response, Compensation and Liability Act of 1980;
(2) "Department," the Department of Agriculture and Natural Resources;
(3) "Hazardous chemical," any chemical which is a physical or health hazard, but not the following substances:
(a) Any food, food additive, color additive, drug, or cosmetic regulated by the U.S. Food and Drug Administration; or
(b) Any substance present as a solid in any manufactured item if exposure to the substance does not occur under normal conditions of use;
(4) "Hazardous waste," as defined in 40 C.F.R. § 261.3 (July 1, 1988);
(5) "Mixture," a heterogeneous association of substances in which the various individual substances retain their identities and can usually be separated by mechanical means;
(6) "Reportable quantity," a discharge of a regulated substance to the environment in sufficient quantity to harm or threaten to harm the public health, safety, welfare, property, or natural resources of the state, or a regulated substance discharged in a quantity reportable according to the provisions of SARA, Title III, § 304 (1986);
(7) "Responsible person," as defined in SDCL 34A-12-1;
(8) "SARA," the Superfund Amendments and Reauthorization Act of 1986
Source: 17 SDR 48, effective October 3, 1990; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-12-7, 34A-12-9.
Law Implemented: SDCL 34A-12-7, 34A-12-9.
74:34:01:02. Applicability. No person may discharge to the environment a regulated substance listed in § 74:34:01:03 except pursuant to and in compliance with the conditions of a federal or state permit or by activities allowed by federal or state law or rule. The mixture of a listed regulated substance with a nonregulated substance subjects the mixture to full regulation under this chapter. For purposes of this article the term facility also applies to motor vehicles, rolling stock, and aircraft.
Source: 17 SDR 48, effective October 3, 1990.
General Authority: SDCL 34A-12-7, 34A-12-9.
Law Implemented: SDCL 34A-12-7, 34A-12-8, 34A-12-9.
74:34:01:03. Regulated substances list. The following lists constitute regulated substances under SDCL chapter 34A-12:
(1) Substances listed in the "Title III List of Lists, Consolidated List of Chemicals Subject to Reporting Under the Emergency Planning and Community Right to Know Act," U.S. Environmental Protection Agency (January 1990);
(2) Fertilizers as defined in SDCL 38-19-1(1), (2), (3), (12), (13), and (14), including fertilizer derivatives;
(3) Pesticides as defined in SDCL 38-20A-1(1), (3), (4), (5), and (6), SDCL 38-20A-10; and those substances defined in SDCL 38-21-14(4), (5), (18), (19), (21), and (29), including metabolites and all active and inert ingredients of these substances;
(4) Petroleum and petroleum substances, including oil, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, refined or blended crude petroleum stock, and any other oil or petroleum substance;
(5) Radiological, chemical, or biological warfare agents or radiological waste; and
(6) Hazardous wastes as described in 40 C.F.R. Part 261, Subparts C and D (July 1, 1988).
Source: 17 SDR 48, effective October 3, 1990.
General Authority: SDCL 34A-12-7, 34A-12-9.
Law Implemented: SDCL 34A-12-7, 34A-12-9.
Reference: Title III List of Lists, Consolidated List of Chemicals Subject to Reporting Under the Emergency Planning and Community Right-to-Know Act, January 1990, Stock Number EPA 560/4-90-011, published by the U. S. Environmental Protection Agency. Copies are available from the U.S. Environmental Protection Agency, Section 313 Document Distribution Center, P.O. Box 12505, Cincinnati, Ohio 45212. There is no charge.
74:34:01:04. Reporting of known discharges -- Reportable quantities. A responsible person shall report a known discharge of a regulated substance to the environment to the department immediately if one of the following conditions exists:
(1) The discharge threatens or is in a position to threaten the waters of the state;
(2) The discharge causes an immediate danger to human health or safety;
(3) The discharge exceeds 25 gallons or causes a sheen on surface water or it exceeds any groundwater quality standards of chapter 74:54:01 or surface water quality standards of chapter 74:51:01;
(4) The discharge harms or threatens to harm wildlife or aquatic life;
(5) The discharge is required to be reported according to SARA, Title III, § 304 (1986); or
(6) The discharge of crude oil in field activities conducted under SDCL chapter 45-9 is greater than 1 barrel (42 gallons).
The immediate report must be telephoned to the department as soon as the responsible person becomes aware of the discharge. Subsequent to the initial report, the responsible person shall immediately notify the department of information that changes the accuracy of the initial report. As directed by the department, the responsible person shall make additional reports verbally or in writing according to § 74:34:01:06.
Source: 17 SDR 48, effective October 3, 1990; 23 SDR 106, effective January 1, 1997.
General Authority: SDCL 34A-12-9.
Law Implemented: SDCL 34A-12-9.
74:34:01:05. Reporting of suspected discharges. A responsible person shall report a suspected discharge to the department within 24 hours after the discharge is suspected. The report shall comply with the provisions of § 74:34:01:06. A discharge is suspected when one of the following occurs:
(1) Testing, sampling, or monitoring results from discharge detection devices indicate that a discharge has occurred;
(2) Impacts are discovered in the surrounding area, such as evidence of a regulated substance discharge in soils, basements, sewer and utility lines, groundwater, or nearby surface water; or
(3) Unusual operating conditions exist, such as the erratic behavior of regulated substance dispensing equipment, the sudden loss of a regulated substance from tanks, an unexplained escape of vaporized regulated substance, or the physical presence of a regulated substance of unknown origin at a regulated substance facility.
Source: 17 SDR 48, effective October 3, 1990.
General Authority: SDCL 34A-12-9.
Law Implemented: SDCL 34A-12-9.
74:34:01:06. Discharge report. The discharge report shall provide the following information:
(1) The specific location of the discharge;
(2) The type and amount of regulated substance discharged;
(3) The responsible person's name, address, and telephone number;
(4) An explanation of any response action that was taken;
(5) The list of agencies notified;
(6) The suspected cause of the discharge;
(7) The date and time of the discharge to the extent known;
(8) The immediate known impacts of the discharge; and
(9) The information that is required to be reported according to SARA, Title III, § 304(a) and (b) (1986).
Source: 17 SDR 48, effective October 3, 1990.
General Authority: SDCL 34A-12-9.
Law Implemented: SDCL 34A-12-9.
