Terms not defined in this section have the meaning given by the Clean Water Act (CWA). When a term defined in the CWA appears in a definition in this section, the defined term is sometimes placed in quotation marks as an aid to readers. The terms used in chapters 74:52:01 to 74:52:11, inclusive, are defined as follows:

1. (1) "Act," chapter 34A-2 of the South Dakota Codified Laws;
2. (2) "Administrator," the administrator of the United States Environmental Protection Agency or an authorized representative;
3. (3) "Applicable standards and limitations," all local, state, interstate, and federal standards and limitations to which a "discharge," a "sewage sludge use or disposal practice," or a related activity is subject under the CWA, including "effluent limitations," water quality standards, standards of performance, toxic effluent standards or prohibitions, "best management practices," pretreatment standards, and "standards for sewage sludge use or disposal" under sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of the CWA;
4. (4) "Average monthly discharge limitation," the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month;
5. (5) "Average weekly discharge limitation," the highest allowable average of "daily discharges" over a calendar week, calculated as the sum of all "daily discharges" measured during a calendar week divided by the number of "daily discharges" measured during that week;
6. (6) "Best management practices," "BMPs," schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to "waters of the state." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage;
7. (7) "Biosolids," any sewage sludge or material derived from sewage sludge that can be beneficially recycled for its plant nutrient content or soil amending characteristics, or both;
8. (8) "Board," Board of Water Management;
9. (9) "Bypass," the intentional diversion of waste streams from any portion of a treatment facility;
10. (10) "Class I sludge management facility," a POTW identified in chapter 74:52:11 as required to have an approved pretreatment program, including those with state-run programs;
11. (11) "Continuous discharge," a "discharge" which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or similar activities;
12. (12) "Clean Water Act," "CWA," (formerlyreferredtoastheFederalWaterPollutionControlActorFederalWaterPollutionControlActAmendmentsof1972) Pub. L. No. 92-500, as amended by Pub. L. No. 95-217, Pub. L. No. 95-576, Pub. L. No. 96-483, Pub. L. No. 97-117, and Pub. L. No. 100-4, 33 U.S.C. § 1251 et seq.;
13. (13) "Daily discharge," the "discharge" measured during a calendar day or any 24-hour period that represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day;

14. (14) "Department," the South Dakota Department of Agriculture and Natural Resources except at:

    1. (a) 40 C.F.R. § 403.5(e) the definition of"EPA";
15. (15) "Discharge," an addition of any "pollutant" or combination of pollutants to "surface waters of the state" from any "point source";
16. (16) "Discharge monitoring report," "DMR," the form provided by the secretary for the reporting of self-monitoring results by SWD and PIU permittees;
17. (17) "Effluent limitations," restrictions imposed by a permit on quantities, discharge rates, and concentrations of "pollutants";
18. (18) "Effluent limitations guidelines," regulations published by the administrator under § 304(b) of the CWA to adopt or review "effluent limitations";
19. (19) "EPA," the United States Environmental Protection Agency;
20. (20) "Facility," a SWD permit "point source" or any other facility or activity, including land or appurtenances, that is subject to SWD permit regulations;
21. (21) "General permit," a SWD permit issued by the secretary in accordance with SDCL 34A-2-112 under § 74:52:02:46 authorizing a category of discharges within a geographical area;
22. (22) "Hazardous substance," a substance designated under 40 C.F.R. Part 116 (July 1, 2016), pursuant to § 311 of the CWA;
23. (23) "Incorporated place," a municipality, township, or village that is incorporated under SDCL chapter 9-3;
24. (24) "Indirect discharger," a nondomestic discharger introducing "pollutants" to a "publicly owned treatment works";
25. (25) "Large municipal separate storm sewer system," a municipal separate storm sewer system, designated by the administrator, located in an incorporated place which serves a population of 250,000 or more or that is located in one or more counties with unincorporated urbanized populations serving 250,000 or more. Population served is determined by the 1990 census by the Bureau of Census;
26. (26) "Major facility," a permittee classified as major by the administrator in conjunction with the secretary;
27. (27) "Medium municipal separate storm sewer system," a municipal separate storm sewer system, designated by the administrator, and located in an incorporated place which serves a population of greater than 100,000 but less than 250,000 or that is located in one or more counties with unincorporated urbanized populations serving more than 100,000 but less than 250,000. Population served is determined by the 1990 census by the Bureau of Census;
28. (28) "Municipality," a city, town, county, district, sanitary district, or other public body created by or under state law with jurisdiction over the disposal of sewage, industrial wastes, or other wastes;
29. (29) "National pollutant discharge elimination system," "NPDES," the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under §§ 307, 318, 402, and 405 of the CWA;
30. (30) "New source," a building, structure, facility, or installation from which there is or may be a "discharge" whose construction commenced after promulgation of standards of performance under § 306 of the CWA which are applicable to the source or after proposal of standards of performance in accordance with § 306 of the CWA which are applicable to the source, but only if the standards are promulgated in accordance with § 306 within 120 days after their proposal;
31. (31) "Owner or operator," a person who owns, leases, operates, controls, or supervises a "facility";
32. (32) "Permit," a written authorization issued by the "secretary" to implement the requirements of the permit regulations, Part 123 of the CWA, and the Act;
33. (33) "PIU permit," South Dakota pretreatment industrial user permit;
34. (34) "Privately owned treatment works," a device or system which is used to treat wastes from a facility whose operator is not the operator of the treatment works; is not a "POTW";
35. (35) "Process wastewater," water which, during manufacturing or processing, comes into direct contact with or results from the production or use of a raw material, intermediate product, finished product, by-product, or waste product;
36. (36) "Proposed permit," a document to be publicly noticed which is prepared under chapters 74:52:01 to 74:52:11, inclusive, and indicates the secretary's decision to issue or deny, modify, revoke, terminate, or reissue a permit;
37. (37) "Schedule of compliance," a schedule of remedial measures included in a "permit," including an enforceable sequence of interim requirements leading to compliance with the CWA and regulations and the "Act";

38. (38) "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources except at:

    1. (a) 40 C.F.R. Part 122, the definition of "State Director" or "Director";
    2. (b) 40 C.F.R. Part 123, the definition of "State Director" or "Director";
    3. (c) 40 C.F.R. Part 125, the definition of "State Director" or "Director";
    4. (d) 40 C.F.R. Part 129, the definition of "State Director" or "Director";
    5. (e) 40 C.F.R. Part 136, the definition of "State Director" or "Director";
    6. (f) 40 C.F.R. Part 403, the definition of "Approval Authority" or "Director";
    7. (g) 40 C.F.R. Subchapter N, the definition of "State Director", "Director", or "Approval Authority"; and
    8. (h) 40 C.F.R. Part 503 the definition of "Permitting Authority";
39. (39) "Septage," the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system or from a holding tank when the system is cleaned or maintained;
40. (40) "Severe property damage," substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production;
41. (41) "Sewage sludge," any solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. Sewage sludge includes solids removed during primary, secondary, or advanced wastewater treatment, scum, septage, portable toilet pumpings, and sewage sludge products. Sewage sludge does not include grit, screenings, or ash generated during the incineration of sewage sludge;
42. (42) "Sewage sludge use or disposal practice," the collection, storage, treatment, transportation, processing, monitoring, use, or disposal of sewage sludge;
43. (43) "Site," the land or water area where a "facility" is physically located, including land used in connection with the facility;
44. (44) "Small municipal separate storm sewer system," separate storm sewer system that is: owned or operated by a federal, state, city, town, county, association, district, sanitary district, or other public body with jurisdiction over the disposal of sewage, industrial wastes, or other wastes; and is located in an incorporated place which serves a population of less than 100,000 or that is located in one or more counties with unincorporated urbanized populations serving less than 100,000. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings. Population served is determined by the 2000 census by the Bureau of Census;

45. (45) "State," the state of South Dakota, except at:

    1. (a) 40 C.F.R. Part 122, the definition of "State", "Authorized State", "Approved State", "Approved Program", and "United States";
    2. (b) 40 C.F.R. Part 123, the definition of "State", "Authorized State", "Approved State", "Approved Program", and "United States";
    3. (c) 40 C.F.R. Part 125, the definition of "State", "Authorized State", "Approved State", "Approved Program", and "United States";
    4. (d) 40 C.F.R. Part 129, the definition of "State", "Authorized State", "Approved State", "Approved Program", and "United States";
    5. (e) 40 C.F.R. Part 403, the definition of "State", "Authorized State", "Approved State", "Approved Program", and "United States"; and
    6. (f) 40 C.F.R. Subchapter N, the definition of "State", "Authorized state", "Approved State", "Approved Program". and "United States";
46. (46) "Storm water discharge associated with industrial activity," storm water runoff, snow melt runoff, or surface runoff and drainage from industrial activities as defined in 40 C.F.R. § 122.26 (July 1, 2016);
47. (47) "Storm water discharges associated with small construction activity," storm water runoff, snow melt runoff, or surface runoff and drainage from small construction activities as defined in 40 C.F.R. § 122.26 (July 1, 2016);
48. (48) "Surface waters of the state," lakes, ponds, streams, rivers, wetlands, and any other body or accumulation of water on the land surface that is considered to be waters of the state, but not waste treatment systems, including treatment ponds, lagoons, leachate collection ponds, artificial cooling ponds, or stormwater retention ponds designed to meet the requirements of the CWA;

49. (49) "SWD permit," South Dakota surface water discharge permit except at:

    1. (a) 40 C.F.R. Part 122, the definition of "National Pollutant Discharge Elimination System permit" or "NPDES permit";
    2. (b) 40 C.F.R. Part 123, the definition of "National Pollutant Discharge Elimination System permit" or "NPDES permit";
    3. (c) 40 C.F.R. Part 125, the definition of "National Pollutant Discharge Elimination System permit" or "NPDES permit";
    4. (d) 40 C.F.R. Part 129, the definition of "National Pollutant Discharge Elimination System permit" or "NPDES permit";
    5. (e) 40 C.F.R. Part 403, the definition of "National Pollutant Discharge Elimination System permit" or "NPDES permit";
    6. (f) 40 C.F.R. Subchapter N, the definition of "National Pollutant Discharge Elimination System permit" or "NPDES permit": and
    7. (g) 40 C.F.R. Part 503, the definition of "National Pollutant Discharge Elimination System permit" or "NPDES permit";
50. (50) "Toxic pollutant," any pollutant listed as toxic under § 307(a)(1) of the CWA or, in the case of sludge use or disposal practices, any pollutant identified in regulations implementing § 405(d) of the CWA;
51. (51) "Treatment works treating domestic sewage," a POTW or any other sewage sludge or wastewater treatment devices or systems, regardless of ownership (includingfederalfacilities), used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated for the disposal of sewage sludge. This definition does not include septic tanks or similar devices. For purposes of this definition, "domestic sewage" includes waste and wastewater from humans or household operations that are discharged or otherwise enter a treatment works;
52. (52) "Upset" is an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities. lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations; and

53. (53) "Whole effluent toxicity," the aggregate toxic effect of an effluent as measured directly by a toxicity test.

    Reference: 1990 Population Characteristics From PL 94-171 Files, State Data Center, University of South Dakota, 414 E. Clark Street, Vermillion, South Dakota 57069-2390. The cost is $5.00.

    Collateral Reference: Natural Resource Defense Council et al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1883 (D.D.C. 1979).

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effective February 21, 1993; transferred from § 74:03:17:01, July 1, 1996; 23 SDR 180, effective April 30, 1997; 28 SDR 157, effective May 16, 2002 ; subdvision (52) transferred from § 74:52:01:03, 44 SDR 98, effective December 11, 2017 ; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

General Authority: SDCL 34A-2-28 , 34A-2-93.

Law Implemented: SDCL 34A-2-36.

Prior versions effective: 2017-12-11, 2002-05-16.