South Dakota § 34A-2-93 - Promulgation of rules by board.

§ 34A-2-93. Promulgation of rules by board.

The board may promulgate rules pursuant to chapter 1-26:

(1)    To establish surface and ground water quality standards;

(2)    To establish design and installation requirements for on-site wastewater systems;

(3)    To establish criteria for water pollution control facilities, to include facilities constructed for the protection and monitoring of groundwater;

(4)    To establish the present and future beneficial uses of all waters under this chapter;

(5)    To establish procedures for granting variances from water quality standards;

(6)    To establish procedures for conducting inspections;

(7)    To establish contested case procedures;

(8)    To establish secondary treatment standards for wastewater facilities;

(9)    To establish standards for surface water discharge permits;

(10)    To establish pretreatment standards and requirements for local pretreatment programs;

(11)    To establish standards for aboveground and underground storage tanks;

(12)    To establish financial responsibility requirements for owners of underground and aboveground storage tanks;

(13)    To establish standards for the remediation and cleanup of contaminated soils. The standards relating to cleanup of petroleum contamination must be based upon risk to human health and safety, as determined by the board. The board may adopt standards relating to cleanup of contamination, consistent with the American Society for Testing and Materials Standard E1739-95R15, Standard Guide for Risk-Based Corrective Action Applied at Petroleum Release Sites, as in effect on January 1, 2024, or other generally accepted risk-based cleanup methods;

(14)    To establish standards for bulk chemical storage facilities;

(15)    To establish requirements for underground injection control;

(16)    To establish a groundwater discharge permit program;

(17)    To establish a delegated national pollutant discharge elimination system program, as provided for under 40 C.F.R. Part 123 (January 1, 2024) and wastewater pretreatment program, as provided for under 40 C.F.R. Part 403 (January 1, 2024);

(18)    To establish a priority listing for projects funded under the construction grant program; and

(19)    To establish requirements for approval of plans for water pollution control facilities and water supply systems.

The board shall hold any hearings necessary for the proper administration of this chapter and initiate any action in court for the enforcement of this chapter.

Source: SL 1971, ch 209, § 5; SDCL Supp, § 46-25-22; SL 1973, ch 280, § 4 (8) to (10); SL 1973, ch 281, § 4; SDCL Supp, § 46-25-107; SL 1993, ch 256, § 22; SL 1995, ch 204, § 1; SL 2011, ch 165, § 57; SL 2024, ch 145, § 1.