There may be no induced temperature change over spawning beds. No discharge or discharges may affect the temperature by more than 4°F in streams classified for the beneficial use of coldwater permanent, coldwater marginal, or warmwater permanent fish life propagation; by more than 5°F in streams classified for the beneficial use of warmwater semipermanent or warmwater marginal fish life propagation; or by more than 3°F in lakes or impoundments classified for the beneficial use of fish life propagation. Exceptions to this criterion may be granted by the board if the discharge will not impair the designated beneficial use of fish life propagation. In addition, the maximum incremental temperature may not exceed 2°F per hour.

Source: SL 1975, ch 16, § 1; 4 SDR 32, effective December 4, 1977; transferred from § 34:04:02:39, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 86, effective December 24, 1987; 19 SDR 111, effective January 31, 1993; transferred from § 74:03:02:39, July 1, 1996.

General Authority: SDCL 34A-2-11 , 34A-2-93.

Law Implemented: SDCL 34A-2-10 , 34A-2-11.