South Dakota Administrative Rules Title 74 - Department of Environment And Natural Resources
South Dakota Administrative Rules, Title 74, is dedicated to the Department of Environment and Natural Resources (DANR). This extensive title outlines the regulations that govern environmental protection and natural resource management across the state. The mission of the DANR, and thus the focus of these rules, is to protect and preserve South Dakota's environment and natural resources through effective regulatory services, natural resource conservation, and financial and technical assistance.
Given the broad scope, Title 74 covers a wide array of environmental topics, including but not limited to:
I. Water Resources:
Water Rights (Article 74:02): Regulations concerning the allocation and use of water resources, including permits and beneficial use.
Water Pollution Control Program (Articles 74:03, 74:50-74:56): These articles contain comprehensive rules for preventing and controlling water pollution, including:
Surface Water Quality (Article 74:51): Standards for the quality of lakes, rivers, and streams.
Surface Water Discharge Permits (Article 74:52): Requirements for permits to discharge pollutants into surface waters (similar to NPDES permits).
Water Supply and Treatment Systems (Article 74:53): Regulations for public drinking water systems, including standards for water quality, treatment, and distribution.
Groundwater Quality (Article 74:54): Standards for protecting and managing groundwater resources.
Underground Injection Control (Article 74:55): Rules for regulating the injection of fluids into the ground to prevent groundwater contamination.
Storage Facilities - Remediation (Article 74:56): Regulations for addressing contamination from storage tanks and other facilities.
Water Hygiene (Article 74:04): Rules related to the sanitary aspects of water, including bottled drinking water and laboratory quality control.
Water Development (Article 74:05): Regulations pertaining to projects and initiatives for water resource development.
Water System Operators (Article 74:21): Requirements for the certification and training of individuals who operate public water systems.
Concentrated Animal Feeding Operations (Article 74:57): Specific environmental regulations for large-scale livestock operations, primarily focused on water quality protection.
II. Waste Management:
Solid Waste (Article 74:27): Regulations for the management of municipal solid waste, including landfills, transfer stations, and recycling facilities.
Hazardous Waste (Article 74:28): Rules for the identification, generation, transportation, treatment, storage, and disposal of hazardous waste, often aligning with federal RCRA regulations.
Regulated Substance Discharges (Article 74:34): Regulations concerning accidental releases or spills of regulated substances.
III. Air Quality:
Air Pollution Control Program (Articles 74:26, 74:36): Comprehensive regulations for controlling air pollution, including:
Air quality standards.
Permitting requirements for air emission sources.
Emission limitations for various pollutants.
Air Pollution Control Program Fees (Article 74:37): Regulations regarding fees associated with air permits and programs.
Asbestos Control Program (Article 74:31): Rules for the safe handling, removal, and disposal of asbestos-containing materials.
IV. Land and Minerals:
Environmental Financial Assurance (Article 74:07): Requirements for financial assurances to ensure that environmental obligations (e.g., for reclamation or cleanup) are met.
Procedures - Board of Minerals and Environment (Article 74:09): Rules governing the procedures and operations of the Board that oversees mineral and environmental matters.
Mineral Exploration (Article 74:11): Regulations for activities related to mineral exploration.
Oil and Gas Conservation (Article 74:12): Rules for the responsible exploration, production, and conservation of oil and gas resources.
Mined Land Reclamation (Article 74:29): Regulations ensuring that land disturbed by mining operations is reclaimed to a beneficial use.
V. Other Environmental Programs:
Litter Disposal and Control (Article 74:15): Regulations aimed at preventing and controlling litter.
Petroleum Inspection and Release Compensation (Article 74:32): Rules related to the inspection of petroleum storage tanks and compensation for environmental releases.
Petroleum Environmental Compliance Financing (Article 74:33): Regulations for programs that provide financial assistance for petroleum-related environmental compliance.
It's important to note that the South Dakota Administrative Rules are regularly updated. Some articles may be "reserved" (meaning they are placeholders for future regulations), "repealed" (no longer in effect), or "transferred" (moved to a different article or title), reflecting ongoing legislative and administrative changes. For the most current and authoritative information, it's always best to consult the official South Dakota Legislature website or a reliable legal research platform.
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