74 : 36 : 07 : 141 . Existing municipal solid waste landfill annual liquids report. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 and has employed leachate recirculation or added liquids within the last ten years must submit an annual liquids report to the s ecretary that includes the following information:

1. (1) Volume of leachate recirculated, in gallons per year, and if the reported volume is based on records or engineering estimates;
2. (2) Total volume of all other liquids added, in gallons per year, and if the reported volume is based on records or engineering estimates;
3. (3) Surface area, in acres, over which the leachate is recirculated or otherwise applied;
4. (4) Surface area, in acres, over which any other liquids are applied;
5. (5) The total waste disposed, in megagrams, in the areas with recirculated leachate and/or added liquids based on on-site records to the extent data are available or engineering estimates and the reported basis of the engineering estimates;
6. (6) The annual waste acceptance rates, in megagrams per year, in the areas with recirculated leachate and/or added liquids based on on-site records to the extent data are available or engineering estimates;

7. (7) The initial liquids report must contain items in subdivisions (1) to (6), inclusive, per year of this section, for the most recent three hundred sixty-five days, as well as for each of the previous ten years, to the extent historical data are available in on-site records. The initial liquids report must be submitted no later than:

   1. (a) Three hundred sixty-five days after the effective date of the EPA's approval of the state's § 111(d) plan required in the Clean Air Act for landfills that commenced construction, modification, or reconstruction after July 17, 2014, but before the effective date of the EPA’s approval of the state's § 111(d) plan required in the Clean Air Act; or
   2. (b) Three hundred sixty-five days after the date of commenced construction, modification, or reconstruction for landfills that commence construction, modification, or reconstruction after the effective date of the EPA’s approval of the state's § 111(d) plan required in the Clean Air Act;
8. (8) Subsequent annual liquids reports must contain items in subdivisions (1) to (6), inclusive, of this section, for the three hundred sixty-five-day period following the three hundred sixty-five-day period included in the previous annual liquids report, and the report must be submitted no later than three hundred sixty-five days after the date the previous report was submitted;
9. (9) The owner or operator in the closed landfill subcategory are exempt from reporting requirements contained in subdivisions (1) to (7), inclusive, of this section; and
10. (10) The owner or operator may cease annual reporting of items in subdivisions (1) to (6), inclusive, of this section, once the owner or operator has submitted a closure report.

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.