A person who discharges or proposes to discharge pollutants to surface waters of the state and who does not have an effective SWD permit must submit a complete, signed application for an SWD permit to the secretary. The following are exceptions to the application requirements:

1. (1) Persons covered by general permits under § 74:52:02:46;
2. (2) Discharges excluded under § 74:52:01:06; and

3. (3) Users of a privately owned treatment works.

   When a facility or activity is owned by one person but is operated by another person, the operator must obtain the permit.

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effective February 21, 1993; transferred from § 74:03:18:01, July 1, 1996.

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-36.