ARTICLE 74:28
HAZARDOUS WASTE
Chapter
74:28:01 Administration, Repealed.
74:28:02 Identification and listing of hazardous waste, Repealed.
74:28:03 Standards for generators, Repealed.
74:28:04 Standards for transporters, Repealed.
74:28:05 General requirements for TSD facilities, Repealed.
74:28:06 Manifest system for TSD facilities, Repealed.
74:28:07 Records and reports for TSD facilities, Repealed.
74:28:08 Groundwater monitoring for TSD facilities, Repealed.
74:28:09 TSD facility closure, Repealed.
74:28:10 Container requirements, Repealed.
74:28:11 Requirements for tanks, Repealed.
74:28:12 Requirements for surface impoundments, Repealed.
74:28:13 Requirements for hazardous waste piles, Repealed.
74:28:14 Land treatment requirements, Repealed.
74:28:15 Requirements for landfills, Repealed.
74:28:16 Requirements for incinerators, Repealed.
74:28:17 Requirements for thermal treatment, Repealed.
74:28:18 Requirements for treatment facilities, Repealed.
74:28:19 Requirements for underground injection, Repealed.
74:28:20 Waste explosive disposal, Repealed.
74:28:21 Administration.
74:28:22 Identification and listing.
74:28:23 Standards for generators.
74:28:24 Standards for transporters.
74:28:25 Treatment, storage, and disposal.
74:28:26 Permit requirements.
74:28:27 Management of specific hazardous wastes.
74:28:28 Interim status standards for facilities.
74:28:29 Interim status for existing surface impoundments.
74:28:30 Land disposal restrictions.
74:28:31 Polychlorinated biphenyl, Deleted.
74:28:32 Toxic cleanup day, Executed.
74:28:33 Management of universal hazardous waste.
74:28:34 Special requirements for landfills and surface impoundments.
CHAPTER 74:28:01
ADMINISTRATION
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:02
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:03
STANDARDS FOR GENERATORS
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:04
STANDARDS FOR TRANSPORTERS
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:05
GENERAL REQUIREMENTS FOR TSD FACILITIES
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:06
MANIFEST SYSTEM FOR TSD FACILITIES
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:07
RECORDS AND REPORTS FOR TSD FACILITIES
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:08
GROUNDWATER MONITORING FOR TSD FACILITIES
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:09
TSD FACILITY CLOSURE
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:10
CONTAINER REQUIREMENTS
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:11
REQUIREMENTS FOR TANKS
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:12
REQUIREMENTS FOR SURFACE IMPOUNDMENTS
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:13
REQUIREMENTS FOR HAZARDOUS WASTE PILES
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:14
LAND TREATMENT REQUIREMENTS
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:15
REQUIREMENTS FOR LANDFILLS
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:16
REQUIREMENTS FOR INCINERATORS
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:17
REQUIREMENTS FOR THERMAL TREATMENT
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:18
REQUIREMENTS FOR TREATMENT FACILITIES
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:19
REQUIREMENTS FOR UNDERGROUND INJECTION
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:20
WASTE EXPLOSIVE DISPOSAL
(Repealed. 10 SDR 106, effective April 8, 1984)
CHAPTER 74:28:21
ADMINISTRATION
Section
74:28:21:01 Definitions.
74:28:21:01.01 Incorporation by reference.
74:28:21:02 General standards for a hazardous waste management system.
74:28:21:03 Use of term RCRA § 3008.
74:28:21:01. Definitions. Terms used in the federal rules when incorporated by reference in § 74:28:21:01.01 mean:
(1) "Administrator," the secretary of the Department of Agriculture and Natural Resources or a designee, except at:
(a) 40 C.F.R. § 260.10, the definitions of "administrator," "Regional Administrator," and "hazardous waste constituent";
(b) 40 C.F.R. Part 261, Appendix IX;
(c) 40 C.F.R. §§ 264.12(a) and 265.12(a);
(d) 40 C.F.R. § 268.40(b);
(e) 40 C.F.R. § 270.2, the definitions of "administrator," "director," "major facility," "Regional Administrator," and "state/EPA agreement";
(f) 40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2), (3), and (4); 270.10(f) and (g); 270.11(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51;
(2) "Director," the secretary of the Department of Agriculture and Natural Resources or a designee;
(3) "EPA," the state Department of Agriculture and Natural Resources, except for:
(a) Any references to "EPA identification numbers," "EPA forms," "EPA hazardous waste numbers," "EPA test methods," "EPA publications," "EPA manuals," "EPA guidance," or "EPA Acknowledgment of Consent";
(b) Any reference to EPA in the following regulations:
(i) 40 C.F.R. § 260.10, the definitions of "administrator," "electronic manifest," "electronic manifest system," "EPA region," "Regional Administrator," and "user of the electronic manifest system";
(ii) 40 C.F.R. Part 261, Appendix IX;
(iii) 40 C.F.R. §§ 262.21; and 262.32(b);
(iv) 40 C.F.R. §§ 264.11 and 265.11;
(v) 40 C.F.R. § 268.1(e)(3), 268.2(j) and 268.40(f);
(vi) 40 C.F.R. §§ 270.1(a)(1); 270.1(b); 270.3; 270.5; 270.10(e)(2); 270.11(a)(3); 270.32(a) and (c); 270.51; 270.72(a)(5); and 270.72(b)(5);
(vii) 40 C.F.R. § 270.2, the definitions of "administrator," "approved program or approved state," "director," "Environmental Protection Agency," "EPA," "final authorization," "permit," "Regional Administrator," and "state/EPA agreement";
(viii) 40 C.F.R. § 273.32(a)(3);
(ix) The second reference to EPA at 40 C.F.R. §§ 264.1082(c)(4)(ii) and 265.1083(c)(4)(ii);
(x) 40 C.F.R. § 260.11(a) and (c);
(xi) 40 C.F.R. § 261.41;
(xii) 40 C.F.R. §§ 260.4; 260.5; 264.71(a)(2)(v); 265.71(a)(2)(v); 264.71(j); and 265.71(j);
(4) "EPA hazardous waste number," the number assigned by the secretary to each hazardous waste;
(5) "EPA identification number," the number assigned by the secretary to each generator, transporter, and treatment, storage, or disposal facility;
(6) "Existing hazardous waste management facility" or "existing facility," a facility that was in operation or for which construction commenced on or before November 19, 1980, for the Hazardous and Solid Waste Amendments of 1984 (HSWA) facilities, or before April 8, 1984, for non-HSWA facilities;
(7) "Existing tank system" or "existing component," a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation or for which installation commenced on or before July 14, 1986, for HSWA tanks, or on or before June 7, 1989, for non-HSWA tanks;
(8) "Federal Register," a newspaper of general circulation in this state, except at:
(a) 40 C.F.R. § 260.11(a);
(b) 40 C.F.R. § 270.6(a);
(c) 40 C.F.R. § 270.10(e)(2);
(9) "HSWA tank," a tank owned or operated by a small quantity generator, a new underground tank, or a tank that cannot be entered for inspection;
(10) "New hazardous waste management facility" or "new facility," a facility that began operation, or for which construction commenced, after November 19, 1980, for HSWA facilities, and after April 8, 1984, for non-HSWA facilities;
(11) "New tank system" or "new tank component," a tank system or component that will be used for the storage or treatment of hazardous waste for which installation commenced after July 14, 1986, for HSWA tanks, and after June 7, 1989, for non-HSWA tanks; or, for the purposes of 40 C.F.R. § 264.193(g)(2) and 40 C.F.R. § 265.193(g)(2), all as incorporated by § 74:28:21:01.01, for which construction commenced after July 14, 1986, for HSWA tanks and after June 7, 1989, for non-HSWA tanks;
(12) "Non-HSWA tank," a tank that is not owned or operated by a small quantity generator and is either an existing underground tank or a tank that can be entered for inspection;
(13) "Region," this state, at these two sections:
(a) 40 C.F.R. § 261.4(e)(3)(iii);
(b) 40 C.F.R. § 262.42(a)(2) and (b);
(14) "Resource Conservation and Recovery Act (RCRA)," "RCRA," or any references to any sections of RCRA, SDCL chapter 34A-11, except at:
(a) 40 C.F.R. § 260.10, the definition of "Act" or "RCRA";
(b) 40 C.F.R. Part 261, Appendix IX;
(c) 40 C.F.R. §§ 270.1(a)(2) and 270.51;
(d) 40 C.F.R. § 270.2, the definition of "RCRA";
(e) 40 C.F.R. §§ 264.4 and 265.4;
(f) 40 C.F.R. § 260.5;
(15) "Regional Administrator," the secretary of the Department of Agriculture and Natural Resources or a designee, except at:
(a) 40 C.F.R. § 260.10, the definitions of "administrator," "Regional Administrator," and "hazardous waste constituent";
(b) 40 C.F.R. Part 261, Appendix IX;
(c) 40 C.F.R. § 263.11;
(d) 40 C.F.R. §§ 264.12(a) and 265.12(a);
(e) 40 C.F.R. § 270.2, the definitions of "administrator," "director," "major facility," "Regional Administrator," and "state/EPA agreement";
(f) 40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2) and (4); 270.10(f) and (g); 270.11(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51;
(16) "Secretary," the secretary of the Department of Agriculture and Natural Resources or a designee;
(17) "State," the state of South Dakota, except at:
(a) 40 C.F.R. § 260.10, the definitions of "person," "state," and "United States";
(b) 40 C.F.R. §§ 264.143(e)(1); 265.143(d)(1); 264.145(e)(1); 265.145(d)(1); 264.147(a)(1)(ii), (b)(1)(ii), (g)(2), and (i)(4); and 265.147(a)(1)(ii), (b)(1)(ii), (g)(2) and (i)(4); and
(c) 40 C.F.R. § 270.2, the definitions of "approved program or approved State," "director," "final authorization," "interim authorization," "person," and "state";
(18) Any reference to 40 C.F.R. § 124.15 should be replaced with § 124.5 at the following locations: §§ 264.1030(c), 264.1050(c), 264.1080(c), and 265.1080(c);
(19) "EPA Environmental Appeals Board," a circuit court of this state;
(20) Any reference to "United States," "U.S.," "U.S. Customs Official," "U.S. national procedures," "United Nations," "U.N.," "U.N. classification number," "Organization for Economic Cooperation and Development," "OECD," "Federal Register," "Freedom of Information Act", "EPA Acknowledgment of Consent," "Environmental Protection Agency," "EPA," and any other Federal Agencies or Offices within Federal Agencies should be retained at §§ 260.2(c) and (d); 260.11(a) to (e), inclusive; 261.39(a)(5); 262.24(a)(3); 262.25; 262.80 to 262.89, inclusive; 263.20(a)(2); 263.20(a)(4)(iv); 263.20(c); 263.20(e)(2); 263.20(f)(2); 263.20(g)(4); 264.12(a); 264.7l(a)(2)(v); 264.71(a)(3); 264.71(d); 264.71(f)(4); 264.71(j); 264.1300 to 264.1316, inclusive; 265.12(a); 265.71(a)(2)(v); 265.71(a)(3); 265.71(d); 265.71(f)(4); 265.71(j); 265.1300 to 265.1316, inclusive; 267.71(a)(6); and 267.71(d);
(21) "AES filing compliance date," the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System platform;
(22) "Electronic import-export reporting compliance date," the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import-related documents to EPA using EPA's Waste Import Export Tracking System, or its successor system; and
(23) "Recognized trader," a person domiciled in the United States, by the site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.
Source: 10 SDR 106, effective April 8, 1984; 11 SDR 44, effective September 30, 1984; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9.
74:28:21:01.01. Incorporation by reference. For purposes of this article and unless otherwise specified, 40 C.F.R. Parts 124; 144; 260 to 268, inclusive; 270; 273; and 279; all as in effect on July 1, 2022, and excluding any reserved section in these Parts, are adopted and incorporated by reference.
Source: 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9.
74:28:21:02. General standards for a hazardous waste management system. The definitions, except as specified in § 74:28:21:01, references, petitions, variances, and other procedures in 40 C.F.R. §§ 260.2(c) to 260.43, inclusive, as incorporated by § 74:28:21:01.01, constitute the general hazardous waste management system.
Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9.
74:28:21:03. Use of term RCRA § 3008. The term RCRA § 3008 as used in the documents incorporated in this article means both RCRA § 3008 and SDCL chapter 34A-11.
Source: 24 SDR 11, effective August 5, 1997.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9.
Cross Reference: Definitions, § 74:28:21:01.
CHAPTER 74:28:22
IDENTIFICATION AND LISTING
Section
74:28:22:01 Identification and listing of hazardous wastes.
74:28:22:02 Repealed.
74:28:22:01. Identification and listing of hazardous wastes. Solid waste subject to regulation as hazardous waste is identified and listed in 40 C.F.R. §§ 261.1 to 261.1089, inclusive, except 40 C.F.R. § 261.4(b)(17); and 40 C.F.R. Part 261, Appendices I, VII, VIII, and IX; all as incorporated by § 74:28:21:01.01.
Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 16 SDR 203, effective May 27, 1990; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-8.
Law Implemented: SDCL 34A-11-8.
74:28:22:02. Exclusion for petroleum-contaminated media and debris.Repealed.
Source: 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; repealed, 29 SDR 21, effective August 28, 2002.
CHAPTER 74:28:23
STANDARDS FOR GENERATORS
Section
74:28:23:01 Standards for generators.
74:28:23:02 to 74:28:23:04 Repealed.
74:28:23:01. Standards for generators. The standards for a generator of hazardous waste are the standards set forth in 40 C.F.R. §§ 262.1 to 262.84, inclusive, except 40 C.F.R. § 262.10(k); and §§ 262.200 to 262.265, inclusive, as incorporated by § 74:28:21:01.01.
Source: 10 SDR 106, effective April 8, 1984; 11 SDR 44, effective September 30, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56. effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-16.
74:28:23:02. Accumulation time.Repealed.
Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; repealed, 13 SDR 117, effective March 1, 1987.
74:28:23:03. Extending the accumulation time.Repealed.
Source: 10 SDR 106, effective April 8, 1984; repealed, 13 SDR 117, effective March 1, 1987.
74:28:23:04. Manifest requirements.Repealed.
Source: 11 SDR 44, effective September 30, 1984; repealed, 12 SDR 79, effective November 11, 1985.
74:28:24:01. Standards for transporters. The standards for transporters of hazardous waste are the standards set forth in 40 C.F.R. §§ 263.10 to 263.31, inclusive, as incorporated by § 74:28:21:01.01.
Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-16.
CHAPTER 74:28:25
TREATMENT, STORAGE, AND DISPOSAL
Section
74:28:25:01 Standards for hazardous waste treatment, storage, and disposal facilities.
74:28:25:02 Underground placement of waste prohibited.
74:28:25:03 Assessment of existing tank system's integrity.
74:28:25:04 Containment and detection of releases from tanks.
74:28:25:05 Definition of new and existing drip pads for certain wood preserving wastes.
74:28:25:01. Standards for hazardous waste treatment, storage, and disposal facilities. The standards for hazardous waste treatment, storage, and disposal facilities are the standards set forth in 40 C.F.R. §§ 264.1 to 264.1316, inclusive, except for 40 C.F.R. §§ 264.1(f), 264.1(g)(12), 264.18(c), 264.149, 264.150, 264.191(a) and (c), 264.301(l), 264.570(a), 264.1030(d), 264.1050(g), and 264.1080(e), (f), and (g); 40 C.F.R. Part 264, Appendices I, IV, V, VI, and IX; and §§ 267.1 to 267.1108, inclusive, except § 267.71(d); all as incorporated by § 74:28:21:01.01.
Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-16.
Cross-Reference: Exposure information from landfills and surface impoundments, § 74:28:34:01.
74:28:25:02. Underground placement of waste prohibited. The placement of any bulk or noncontainerized liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave is prohibited.
Source: 19 SDR 48, effective October 8, 1992.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14.
74:28:25:03. Assessment of existing tank system's integrity. For each existing tank system that does not have secondary containment meeting the requirements of 40 C.F.R. § 264.193, as incorporated by § 74:28:21:01.01, the owner or operator must determine that the tank system is not leaking or unfit for use.
The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by an independent, registered professional engineer licensed to do business in this state, in accordance with 40 C.F.R. § 270.11(d), as incorporated by § 74:28:21:01.01, that attests to the tank system's integrity by January 12, 1988, for HSWA tanks, and by September 14, 1990, for non-HSWA tanks.
The owner or operator of a tank system that stores or treats material that becomes hazardous waste subsequent to July 14, 1986, for HSWA tanks, and subsequent to June 7, 1989, for non-HSWA tanks, shall conduct this assessment within twelve months after the date that the waste becomes a hazardous waste.
For existing tank systems or existing components, a tank system or component installation is considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either:
(1) A continuous on-site physical construction or installation program has begun; or
(2) The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within one year.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14.
74:28:25:04. Containment and detection of releases from tanks. To prevent the release of hazardous waste or any hazardous constituent to the environment, secondary containment that meets the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 264.193(f) and (g), as incorporated by § 74:28:21:01.01, as follows:
(1) For any new tank system or component, before the tank system or component is put into service;
(2) For any existing tank system used to store or treat EPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks, and within two years after September 14, 1989, for non-HSWA tanks;
(3) For any existing tank system of known and documented age, within two years after January 12, 1987, for HSWA tanks, and within two years after September 14, 1989, for non-HSWA tanks or when the tank system has reached fifteen years of age, whichever comes later;
(4) For any existing tank system for which the age cannot be documented, within eight years after January 12, 1987, for HSWA tanks, and within eight years after September 14, 1989, for non-HSWA tanks; but if the age of the facility is older than seven years, secondary containment must be provided by the time the facility reaches fifteen years of age or within two years after January 12, 1987, for HSWA tanks, or within two years after September 14, 1989, for non-HSWA tanks, whichever comes later; and
(5) For any tank system that stores or treats material that becomes hazardous waste subsequent to January 12, 1987, for HSWA tanks, and subsequent to September 14, 1989, for non-HSWA tanks, within the time intervals required in subdivisions (1) to (4), inclusive, of this section, except that the date that a material becomes a hazardous waste must be used in place of January 12, 1987, for HSWA tanks, and September 14, 1989, for non-HSWA tanks.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14.
74:28:25:05. Definition of new and existing drip pads for certain wood preserving wastes. The requirements of 40 C.F.R. Part 264, Subpart W, as incorporated by § 74:28:21:01.01, apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water runoff to an associated collection system.
For EPA hazardous waste number F032 wastes, existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction before December 6, 1990. For EPA hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before July 7, 1992, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction before July 7, 1992. All other drip pads are new drip pads.
For EPA hazardous waste number F032 wastes, the requirement at 40 C.F.R. § 264.573(b)(3), as incorporated by § 74:28:21:01.01, to install a leak collection system, applies only to those drip pads that are constructed after December 24, 1992, for which the owner or operator has a design and has entered into binding financial or other agreements for construction before December 24, 1992. For EPA hazardous waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 264.573(b)(3), as incorporated by § 74:28:21:01.01, to install a leak collection system, applies only to those drip pads that are constructed after September 29, 1994, for which the owner or operator has a design and has entered into binding financial or other agreements for construction before September 29, 1994.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14.
CHAPTER 74:28:26
PERMIT REQUIREMENTS
Section
74:28:26:01 Requirements to permit a treatment, storage, or disposal facility.
74:28:26:01. Requirements to permit a treatment, storage, or disposal facility. The requirements to permit a treatment, storage, or disposal facility are set forth in 40 C.F.R. §§ 270.1 to 270.320, inclusive, except §§ 270.1(c)(2)(ix) and 270.14(b)(18); and Appendix I to § 270.42; 40 C.F.R. §§ 124.1(b); 124.2(a); 124.3(a); 124.5(a); 124.5(c); 124.6(a), (b), (d), and (e); 124.11; 124.31(b), (c), and (d); 124.32(b) and (c); 124.33(b) to (f); and §§ 124.200 to 124.214, inclusive; 40 C.F.R. §§ 144.31(g)(1) to (3), inclusive; all as incorporated by § 74:28:21:01.01. Any interested person may contest the issuance of a permit by following the procedures listed in chapter 74:09:01.
The requirements for a pre-application public meeting and notice found in 40 C.F.R. § 124.31, as incorporated by § 74:28:21:01.01, apply to all hazardous waste permit applications seeking initial permits for hazardous waste management units, to hazardous waste permit applications seeking coverage under a standardized permit under 40 C.F.R. 270 Subpart J, as incorporated by § 74:28:21:01.01, and to hazardous waste permit applications seeking renewal of permits if the renewal application is proposing a significant change in facility operations. A significant change to the hazardous waste permit is any change that is considered a Class 3 permit modification under 40 C.F.R. Part 270, as incorporated by § 74:28:21:01.01. A significant change to the standardized permit is defined at 40 C.F.R. § 124.211(c), as incorporated by § 74:28:21:01.01. The requirements of this paragraph for a pre-application public meeting and notice do not apply to hazardous waste permit applications or permit modifications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
The requirements for public notice during the application stage found in 40 C.F.R. § 124.32, as incorporated by § 74:28:21:01.01, apply to all hazardous waste permit applications seeking initial permits for hazardous waste management units and to applications seeking renewal of permits for the units under 40 C.F.R. § 270.51, as incorporated by § 74:28:21:01.01. The requirements for public notice at the application stage do not apply to hazardous waste units permitted under a standardized permit under 40 C.F.R. Part 270 Subpart J, as incorporated by § 74:28:21:01.01; to hazardous waste permit modifications under 40 C.F.R. § 270.42, as incorporated by § 74:28:21:01.01; or to applications submitted for the sole purpose of conducting post-closure activities or post-closure and corrective action at a facility.
The requirement for an information repository found in 40 C.F.R. § 124.33, as incorporated by § 74:28:21:01.01, applies to all applications seeking a hazardous waste permit for hazardous waste management units.
Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-12, 34A-11-13, 34A-11-14, 34A-11-15.
Cross-Reference: Exposure information from landfills and surface impoundments, § 74:28:34:01.
CHAPTER 74:28:27
MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
Section
74:28:27:01 Requirements for the management of specific hazardous wastes.
74:28:27:01. Requirements for the management of specific hazardous wastes. The requirements for the management of specific hazardous wastes and specific types of hazardous waste management facilities are set forth in 40 C.F.R. §§ 266.20 to 266.510, inclusive; 40 C.F.R. 266, Appendices I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, and XIII; and 40 C.F.R. §§ 279.1 to 279.82(a), inclusive, all as incorporated by § 74:28:21:01.01.
The language in 40 C.F.R. § 279.82(a) "except when such activity takes place in one of the states listed in paragraph (c) of this section" is not incorporated by reference in § 74:28:21:01.01.
Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-12.
CHAPTER 74:28:28
INTERIM STATUS STANDARDS FOR FACILITIES
Section
74:28:28:01 Interim status standards for treatment, storage, and disposal facilities.
74:28:28:02 Underground placement of waste prohibited.
74:28:28:03 Assessment of existing tank system's integrity.
74:28:28:04 Containment and detection of releases from tanks.
74:28:28:05 Definition of new and existing drip pads for certain wood preserving wastes.
74:28:28:01. Interim status standards for treatment, storage, and disposal facilities. The interim status standards for hazardous waste treatment, storage, and disposal facilities are set forth in 40 C.F.R. § 144.1(h); 40 C.F.R. §§ 265.1 to 265.1316, inclusive, except 40 C.F.R. §§ 265.1(c)(4), 265.1(c)(15), 265.18, 265.149, 265.150, 265.191(a) and (c), 265.440(a), 265.1030(c), 265.1050(f), and 265.1080(e), (f), and (g); and 40 C.F.R. Part 265, Appendices I, III, IV, V, and VI, all as incorporated by § 74:28:21:01.01.
Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-16.
Cross-Reference: Exposure information from landfills and surface impoundments, § 74:28:34:01.
74:28:28:02. Underground placement of waste prohibited. The placement of any hazardous waste in an interim status facility that is also a salt dome, salt bed formation, underground mine or cave is prohibited.
Source: 19 SDR 48, effective October 8, 1992.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14.
74:28:28:03. Assessment of existing tank system's integrity. For each tank system that does not have secondary containment meeting the requirements of 40 C.F.R. § 265.193, as incorporated by § 74:28:21:01.01, the owner or operator must determine that the tank system is not leaking or is unfit for use.
The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by an independent, registered professional engineer licensed to do business in this state under 40 C.F.R. § 270.11(d), as incorporated by § 74:28:21:01.01, that attests to the tank system's integrity by January 12, 1988, for HSWA tanks, and by September 14, 1990, for non-HSWA tanks.
The owner or operator of a tank system that stores or treats material that becomes hazardous waste subsequent to July 14, 1986, for HSWA tanks, and subsequent to June 7, 1989, for non-HSWA tanks, must conduct this assessment within twelve months after the date that the waste becomes a hazardous waste.
Source: 24 SDR 11 effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34-11-10, 34A-11-12, 34A-11-16.
74:28:28:04. Containment and detection of releases from tanks. To prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 265.193(f) and (g), as incorporated by § 74:28:21:01.01, as follows:
(1) For any new tank system or component, before the tank system or component is put into service;
(2) For any existing tank system used to store or treat EPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks, and within two years after September 14, 1989, for non-HSWA tanks;
(3) For any existing tank system of known or documented age, within two years after January 12, 1987, for HSWA tanks, and within two years after September 14, 1989, for non-HSWA tanks, or when the tank system has reached fifteen years of age, whichever comes later;
(4) For any existing tank system for which the age cannot be documented, within eight years after January 12, 1987, for HSWA tanks, and within eight years after September 14, 1989, for non-HSWA tanks; but if the age of the facility is older than seven years, secondary containment must be provided by the time the facility reaches fifteen years of age or within two years after January 12, 1987, for HSWA tanks, or within two years after September 14, 1989, for non-HSWA tanks, whichever comes later; and
(5) For any tank system that stores or treats material that becomes hazardous waste subsequent to January 12, 1987, for HSWA tanks, and subsequent to September 14, 1989, for non-HSWA tanks, within the time interval required in subdivisions (1) to (4), inclusive, of this section, except that the date that a material becomes hazardous waste must be used in place of January 12, 1987, for HSWA tanks, and September 14, 1989, for non-HSWA tanks.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-16.
74:28:28:05. Definition of new and existing drip pads for certain wood preserving wastes. The requirements of 40 C.F.R. Part 265, Subpart W, as incorporated by § 74:28:21:01.01, apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water runoff to an associated collection system.
For EPA hazardous waste number F032 wastes, existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. For EPA hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before July 7, 1992, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction before July 7, 1992. All other drip pads are new drip pads.
For EPA hazardous waste number F032 wastes, the requirement at 40 C.F.R. § 265.443(b)(3), as incorporated by § 74:28:21:01.01, to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992, for which the owner or operator has a design and has entered into binding financial agreements for construction before December 24, 1992. For EPA hazardous waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 265.443(b)(3), as incorporated by § 74:28:21:01.01, to install a leak collection system applies only to those drip pads that are constructed after September 29, 1994, for which the owner or operator has a design and has entered into binding financial or other agreements for construction before September 29, 1994.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-16.
CHAPTER 74:28:29
INTERIM STATUS FOR EXISTING SURFACE IMPOUNDMENTS
Section
74:28:29:01 Interim status for existing surface impoundments.
74:28:29:01 Interim status for existing surface impoundments. Surface impoundments in existence on November 8, 1984, or which become subject to the requirements in § 3005(j)(6)(A) or (B) of the Resource Conservation and Recovery Act as amended through January 1, 1989, must comply with the double liner, leachate collection, and groundwater requirements applicable to new units by November 8, 1988, or by the date specified in § 3005(j)(6)(A) or (B) or must stop treating, receiving, or storing hazardous waste unless the surface impoundment qualifies for a special exemption specified in § 3005(j). These surface impoundments must comply with all applicable regulations under chapter 74:28:28.
Source: 15 SDR 177, effective June 1, 1989.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-16.
74:28:30:01. Land disposal restrictions. The requirements for hazardous wastes that are restricted from land disposal are the standards set forth in 40 C.F.R. §§ 268.1 to 268.4, inclusive; 40 C.F.R. §§ 268.7 to 268.50, inclusive, except 40 C.F.R. §§ 268.13, 268.42(b) and 268.44; and 40 C.F.R. Part 268, Appendices III, IV, VI, VII, VIII, IX, and XI; all as incorporated by § 74:28:21:01.01.
Source: 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-16.
CHAPTER 74:28:31
POLYCHLORINATED BIPHENYL
(Deleted)
At the request of the Department of Environment and Natural Resources, the Legislative Research Council has deleted Chapter 74:28:31, Polychlorinated Biphenyl, effective April 15, 2013, pursuant to SDCL 1-26-8.1 and 1-26A-1. The authority to promulgate a rule related to Polychlorinated Biphenyl was repealed by SL 2012, ch 215, § 32, thus the rules are deemed obsolete by operation of law.
CHAPTER 74:28:32
TOXIC CLEANUP DAY
(Executed)
Editor's Note: The Legislative Research Council deleted the rules in this chapter as executed provisions following the report to the Legislature in January, 1992, required by the underlying statute, SDCL 34A-11-4.1.
CHAPTER 74:28:33
MANAGEMENT OF UNIVERSAL HAZARDOUS WASTE
Section
74:28:33:01 Management of universal hazardous waste.
74:28:33:01. Management of universal hazardous waste. The standards for the management of universal hazardous waste are the standards set forth in 40 C.F.R. §§ 273.1 to 273.81, inclusive, as incorporated by § 74:28:21:01.01.
Source: 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-16.
CHAPTER 74:28:34
SPECIAL REQUIREMENTS FOR LANDFILLS AND SURFACE IMPOUNDMENTS
Section
74:28:34:01 Exposure information from landfills and surface impoundments.
74:28:34:01. Exposure information from landfills and surface impoundments. The application for a hazardous waste landfill or a surface impoundment must be accompanied by information on the potential for the public to be exposed to hazardous wastes or hazardous constituents. At a minimum, such information must address the following:
(1) Reasonably foreseeable potential releases from both normal operations and accidents at hazardous waste landfills and surface impoundments, including releases associated with transportation to or from these facilities;
(2) The potential pathways of human exposure to hazardous wastes or constituents resulting from these releases;
(3) The potential magnitude and nature of the human exposure resulting from such releases; and
(4) Other relevant information.
The secretary shall make available this information to the Agency for Toxic Substances and Disease Registry. The secretary may request the administrator of the Agency for Toxic Substances and Disease Registry to conduct a health assessment in connection with a hazardous waste landfill or a surface impoundment if a hazardous waste landfill or a surface impoundment poses a substantial risk to human health because of the existence of releases of hazardous waste or hazardous constituents.
Source: 24 SDR 11, effective August 5, 1997.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-16.
Cross-References:
Standards for hazardous waste treatment, storage, and disposal facilities, § 74:28:25:01.
Requirements to permit a treatment, storage, or disposal facility, § 74:28:26:01.
Interim status standards for treatment, storage, and disposal facilities, § 74:28:28:01.
Note: The agency for Toxic Substances and Disease Registry is a part of the federal Department of Health and Human Services.
