A permit may not be issued under the following circumstances:

1. (1) If the conditions of the permit do not provide for compliance with the applicable requirements of the CWA or regulations promulgated under the CWA;
2. (2) If the applicant is required to obtain a state or other certification under § 74:51:01:63 and that certification has not been obtained or waived;
3. (3) If the regional administrator has objected to issuance of the permit;
4. (4) If the imposition of conditions cannot ensure compliance with the applicable water quality standards of South Dakota and affected states;
5. (5) If, in the judgment of the secretary of the army, anchorage and navigation in or on any of the waters of the United States would be substantially impaired by the discharge;
6. (6) For the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste;
7. (7) For a discharge inconsistent with a plan or plan amendment approved under § 208(b) of the CWA; or

8. (8) To a new source or a new discharger if the discharge from its construction or operation will cause or contribute to the violation of water quality standards. The owner or operator of a new source or a new discharger proposing to discharge into a water segment which does not meet applicable water quality standards or is not expected to meet those standards even after the application of the effluent limitations required by § 301(b)(1)(A) and § 301(b)(1)(B) of the CWA, and for which the state has performed a wasteload allocation for the pollutant to be discharged, must demonstrate, before the close of the public comment period, that:

   1. (a) There are sufficient remaining wasteload allocations to allow for the discharge; and
   2. (b) That the existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards.

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effective February 21, 1993; transferred from § 74:03:17:09, July 1, 1996; 44 SDR 98, effective December 11, 2017.

General Authority: SDCL 34A-2-28.

Law Implemented: SDCL 34A-2-6 , 34A-2-33.

Prior versions effective: 1996-07-01.