74 : 36 : 07 : 124 . Existing municipal solid waste landfill monitoring requirements. The owner or operator of an existing municipal solid waste landfill shall monitor according to §§ 74:36:07:118 through 74:36:07:123 and § 74:36:07:121 at all times the existing municipal solid waste landfill is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures caused in part by poor maintenance or careless operation are not malfunctions. The owner or operator is required to complete monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable.

Source: 46 SDR 64, effective November 25, 2019.

General Authority: SDCL 34A-1-6 .

Law Implemented: SDCL 34A-1-18 .