74:54:02:03.  Accidental leaks and spills or intentional dumping not considered for discharge plans. The board may not approve a groundwater discharge plan that would eliminate the responsibility for a cleanup action to remove pollutants that were discharged from accidental spills and leaks from containment systems such as storage tanks, lined process ponds, and lined evaporation pits or from any intentional dumping of pollutants and that may move directly or indirectly to the groundwater. However, the board may approve a groundwater discharge plan with a water quality variance for an accidental leak or spill if it has been shown by either study or practice that all reasonable other alternatives for groundwater cleanup will not result in further removal of contaminant concentrations from the groundwater.

          Source: 14 SDR 86, effective December 24, 1987; 18 SDR 128, effective February 11, 1992; transferred from § 74:03:16:03, July 1, 1996.

          General Authority: SDCL 34A-2-28.

          Law Implemented: SDCL 34A-2-21, 34A-2-22, 34A-2-28.