The secretary may approve open burning as a remediation alternative for soils contaminated by crude oil. If open burning is to be used, the operator must submit a written proposal to the secretary for approval. The proposal must include the following:
- (1) Procedures for the proposed burning activities detailing the criteria to be used to determine when open burning will be used and what is to be burned;
- (2) A description of the surrounding area, including residences, public facilities, animal grazing areas, or other potential receptors;
- (3) Approval from the surface owner or lessee; and
- (4) A comparison of the cost of the proposed open burning activities with the cost of alternative disposal options, including documentation of alternative disposal costs.
Source: 38 SDR 117, effective January 12, 2012.
General Authority: SDCL 45-9-11 , 45-9-13.
Law Implemented: SDCL 45-9-11 , 45-9-13 , 45-9-14.