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          74:36:20:15.  Contents of construction permit. A construction permit shall include the following:


          (1)  The signature of either the secretary or the chairman;

          (2)  The name of the person, company, political subdivision, agency, or institution granted a permit;

          (3)  The type of operation;

          (4)  The facility and mailing address;

          (5)  The date the construction permit was granted;

          (6)  A number for administrative reference;

          (7)  The timeline for submitting a timely and complete application for a minor source operating permit or Part 70 source operating permit;

          (8)  A statement granting a construction permit by the board or secretary and any conditions that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

          (9)  Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to ensure compliance with applicable requirements of the act and the Clean Air Act;

          (10)  Monitoring, recordkeeping, and reporting requirements necessary to determine compliance with the construction permit;

          (11)  A severability clause to ensure the continued validity of the various permit requirements if any portions of the permit are challenged; and

          (12)  Provisions stating the following:


               (a)  The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action;

               (b)  The construction permit does not convey any property rights of any sort or any exclusive privilege; and

               (c)  The permittee shall provide any information, including records, requested in writing by the department to determine compliance.


          Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

          General Authority: SDCL 34A-1-6, 34A-1-21.

          Law Implemented: SDCL 34A-1-21.


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