ARTICLE 74:57

CONCENTRATED ANIMAL FEEDING OPERATIONS

Chapter

74:57:01             Inspections of concentrated animal feeding operations.

CHAPTER 74:57:01

INSPECTIONS OF CONCENTRATED ANIMAL FEEDING OPERATIONS

Section

74:57:01:01        Definitions.

74:57:01:02        Scope.

74:57:01:03        Construction inspections.

74:57:01:04        Annual inspections.

74:57:01:05        Triennial inspections.

74:57:01:06        Closure inspections.

74:57:01:07        Permission.

74:57:01:08        Search warrants.

74:57:01:09        Enforcement.

74:57:01:10        Appeals process.

    74:57:01:01.  Definitions. Words and phrases defined in SDCL chapter 34A-2 have the same meaning when used in this chapter. Terms used in this chapter mean:

    (1)  "Manure management system," any piping, containment structures, or disposal appurtenances associated with the collection, storage, treatment, and disposal of manure or wastewater at a concentrated animal feeding operation; and

    (2)  "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources, or an authorized representative.

    Source: 24 SDR 99, effective February 1, 1998; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

    General Authority: SDCL 1-40-38.

    Law Implemented: SDCL 1-40-38, 34A-2-45, 34A-2-46

          74:57:01:02.  Scope. The secretary may inspect all concentrated animal feeding operations, records, and reports necessary under SDCL chapter 34A-2 or this article. The scope of an inspection is limited to that reasonably necessary to ensure that pollution of waters of the state and other natural resources is not occurring, that reports filed with the secretary are accurate, and that the operation is being conducted pursuant to the permits, approvals, or orders required by SDCL chapter 34A-2 or this article.

          The secretary only has access to the inside of an animal confinement building if access is necessary in order to determine compliance with a water pollution control permit under SDCL chapter 34A-2. If access is necessary, the secretary shall abide by all security measures implemented by the producer to ensure protection of the health of the animals at the animal feeding operation.

          Source: 24 SDR 99, effective February 1, 1998.

          General Authority: SDCL 1-40-38.

          Law Implemented: SDCL 1-40-38, 34A-2-45, 34A-2-46

          74:57:01:03.  Construction inspections. The owner or operator of any concentrated animal feeding operation that is required to operate under a general permit or individual water pollution control permit under SDCL chapter 34A-2 or is required to obtain approval of plans and specifications under SDCL 34A-2-27 shall notify the secretary when construction of the manure management system begins. The owner or operator shall also notify the secretary at least 30 days before placing animals in the facility. The secretary shall conduct a construction inspection within this 30-day period, if one has not already been completed. The owner or operator may not place animals in the facility until the secretary conducts a construction inspection. No deviations from the approved plans and specifications for the manure management system are allowed unless the secretary has granted prior approval.

          Source: 24 SDR 99, effective February 1, 1998.

          General Authority: SDCL 1-40-38.

          Law Implemented: SDCL 1-40-38, 34A-2-45, 34A-2-46

          74:57:01:06.  Closure inspections. The producer shall notify the secretary if coverage under a water pollution control permit is no longer necessary or if the feeding operation is no longer in operation. Upon receipt of this notice, the secretary shall conduct an inspection of the animal feeding operation before terminating coverage under the water pollution control permit. The secretary may not terminate coverage under any water pollution control permit unless all permit conditions have been met for closure of the operation.

          Source: 24 SDR 99, effective February 1, 1998.

          General Authority: SDCL 1-40-38.

          Law Implemented: SDCL 1-40-38, 34A-2-45, 34A-2-46

          74:57:01:07.  Permission. For concentrated animal feeding operations, all applications for water pollution control permits or plans and specifications approvals shall contain a notarized statement by the owner or operator granting permission to the secretary for the performance of the inspections under this chapter. If the owner or operator withdraws the permission to inspect the animal feeding operation, the secretary or water management board may revoke or suspend the permit or approval in accordance with § 74:57:01:10.

          Source: 24 SDR 99, effective February 1, 1998.

          General Authority: SDCL 1-40-38.

     Law Implemented: SDCL 1-40-38, 34A-2-45, 34A-2-46

          74:57:01:08.  Search warrants. The secretary shall obtain a search warrant from the magistrate court in the area of the affected concentrated animal feeding operation before conducting an inspection if the owner or operator has withdrawn permission to inspect, unless the alleged violation can be detected by the secretary without entering the owner's or operator's property. If the secretary is conducting an inspection in response to a complaint alleging waste, pollution, or noncompliance with the provisions of SDCL chapter 34A-2 or this article, the secretary may conduct an inspection only if the owner or operator consents to the inspection or if a search warrant is obtained.

          Source: 24 SDR 99, effective February 1, 1998.

          General Authority: SDCL 1-40-38.

     Law Implemented: SDCL 1-40-38, 34A-2-45, 34A-2-46

          74:57:01:09.  Enforcement. Enforcement for concentrated animal feeding operations shall be in accordance with SDCL chapter 34A-2. Enforcement tools that may be used by the secretary, as appropriate, include warning letters, notice of violations, orders, and civil and criminal penalties. In accordance with § 74:57:01:10, the secretary may also suspend, modify, or revoke a permit for a violation.

          Source: 24 SDR 99, effective February 1, 1998.

          General Authority: SDCL 1-40-38.

     Law Implemented: SDCL 1-40-38, 34A-2-45, 34A-2-46

          74:57:01:10.  Appeals process. If the secretary recommends the revocation, suspension, or modification of a permit, the secretary shall give written notice of the action to the permit holder. The permit holder may request a hearing before the secretary. The hearing shall be held within thirty days of receipt of the written request. The secretary may affirm, modify, or reverse the initial decision based upon the evidence presented at the hearing.

          Source: 24 SDR 99, effective February 1, 1998.

          General Authority: SDCL 1-40-38.

     Law Implemented: SDCL 1-40-38, 34A-2-50.