74:54:02:10.  Board disapproval of application for groundwater discharge plan. The board may disapprove the groundwater discharge plan application under any one or more of the following conditions:

          (1)  The application is procedurally incomplete;

          (2)  The ambient groundwater quality will be degraded and a water quality variance permit cannot be issued to degrade the ambient water quality to the standards of §§ 74:54:01:04 and 74:54:01:05;

          (3)  The beneficial uses of groundwater will be impaired or there is a hazard to human health from the potential discharge;

          (4)  The application describes a discharge resulting from an accidental spill or leak or intentional dumping of a pollutant, unless the application is submitted as part of a remediation plan and if it has been shown by either study or practice that all reasonable other alternatives for groundwater clean-up will not result in further removal of contaminant concentrations from the groundwater;

          (5)  The application describes a discharge that will degrade groundwater quality to a level lower than the standards in §§ 74:54:01:04 and 74:54:01:05.

          Source: 14 SDR 86, effective December 24, 1987; 18 SDR 128, effective February 22, 1992; transferred from § 74:03:16:10, July 1, 1996.

          General Authority: SDCL 34A-2-28, 34A-2-30.

          Law Implemented: SDCL 34A-2-24, 34A-2-25, 34A-2-31.