74:36:07:140. Existing municipal solid waste landfill annual report. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 and is using an active collection system must submit an annual report to the secretary. The initial annual report must be submitted within one hundred eighty days of installation and startup of the collection and control system, 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 annual report if the owner or operator already submitted the initial annual report on or before July 17, 2014. The initial annual report must include the initial performance test report required under 40 C.F.R. § 60.8 (July 1, 2024), as applicable, unless the results of the performance test has been submitted to the EPA via the EPA's Central Data Exchange. In the initial annual report any process unit tested, any pollutant tested and the date that the performance test was conducted may be submitted in lieu of the performance test report if the report has been previously submitted to the EPA's Central Data Exchange. The initial performance test report must be submitted, following the procedure specified in § 74:36:07:138, no later than the date the initial annual report is submitted. The annual report must contain the following:

1. (1) Value and length of time for exceedance of applicable parameters monitored under subdivision 74:36:07:117(1) and §§ 74:36:07:118 to 74:36:07:123, inclusive;
2. (2) Description and duration of all periods when the gas stream was diverted from the control device or treatment system through a bypass line or the indication of bypass flow as specified under §§ 74:36:07:117 to 74:36:07:124, inclusive;
3. (3) Description and duration of all periods when the control device or treatment system was not operating and the length of time the control device or treatment system was not operating;
4. (4) All periods when the collection system was not operating;
5. (5) The location of each exceedance of the five hundred parts per million methane concentration and the concentration recorded at each location for which an exceedance was recorded in the previous month. For location, the owner or operator must determine the latitude and longitude coordinates using an instrument with an accuracy of at least four meters. The coordinates must be in decimal degrees with at least five decimal places;
6. (6) The date of installation and the location of each well or collection system expansion added pursuant to subdivisions 74:36:07:112(3) and (4), § 74:36:07:113, and subdivision 74:36:07:114(4); and
7. (7) For any corrective action analysis for which corrective actions are required and that take more than sixty days to correct the exceedance, the root cause analysis conducted, including a description of any recommended corrective action, the date for any corrective action already completed following the positive pressure reading, and, for any action not already completed, a schedule for implementation, including proposed commencement and completion dates.

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.