A "new discharger" is any building, structure, facility, or installation:

1. (1) From which there is or may be a "discharge of pollutants";
2. (2) That did not commence the "discharge" at a particular "site" prior to August 13, 1979;
3. (3) Which is not a "new source"; and

4. (4) Which has never received a finally effective NPDES permit or SWD permit for discharge at that "site".

   This definition includes any "indirect discharger" which commenced discharging after August 12, 1979. It also includes any existing mobile point source, such as an aggregate plant, which begins discharging at a "site" for which it does not have a permit.

Source: 19 SDR 122, effective February 21, 1993; transferred from § 74:03:17:01.01, July 1, 1996.

General Authority: SDCL 34A-2-28.

Law Implemented: SDCL 34A-2-36.