74 : 52 : 01 : 05.01 . State only surface water discharge permits. The secretary may issue surface water discharge permits outside of the National Pollutant Discharge Elimination System authority granted the State of South Dakota by the U.S. Environmental Protection Agency on December 30, 1993, to concentrated animal feeding operations not required by Federal Regulations to have a National Pollutant Discharge Elimination System Permit. Concentrated animal feeding operations issued coverage under this permit shall meet all requirements of Article 74:52 except the requirements of 40 C.F.R. §§ 122.23(h) and 122.42(e)(4) in § 74:52:02:22 shall be those of February 12, 2003.

Source: 44 SDR 98, effective December 11, 2017.

General Authority: SDCL 34A-2-28.

Law Implemented: SDCL 34A-2-36 , 34A-2-36.2 q .