74 : 36 : 07 : 139 . Report for existing municipal solid waste landfill -- Initial performance test. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 and seeking to comply with § 74:36:07:109 , must submit the initial performance test report required under 40 C.F.R. § 60.8 (July 1, 20 24 ), except when the existing municipal solid waste landfill is in the closed landfill subcategory. An existing municipal solid waste landfill that is in the closed landfill subcategory is not required to submit an initial performance test report if the owner or operator already submitted the initial performance test report on or before July 17, 2014. To fulfill the closed landfill subcategory, the closed landfill must submit a notification that includes information describing the change, present and proposed emission control systems, and production capacity of the landfill before and after the change. Once a notification of modification has been filed and additional solid waste is placed in the landfill, the landfill is no longer closed. The initial performance test report must contain the following:

1. (1) A diagram of the collection system showing collection system positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion;
2. (2) The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices and the gas mover equipment sizing are based;
3. (3) The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have been excluded based on the presence of asbestos or nondegradable material;
4. (4) The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area;
5. (5) The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill; and
6. (6) The provisions for the control of off-site migration.

Source: 46 SDR 64, effective November 25, 2019 ; 52 SDR 27, effective September 17, 2025 .

General Authority: SDCL 34A-1-6 , 34A-1-18 .

Law Implemented: SDCL 34A-1-18 .

Prior versions effective: 2019-11-25.