In addition to the information required by § 74:52:02:08, POTWs with design influent flow equal to or greater than one million gallons a day and POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program shall provide the results of valid whole effluent toxicity testing to the secretary.

1. (1) The variability of the pollutants or pollutant parameters in the POTW effluent, based on chemical-specific information, the type of treatment facility, and types of industrial contributors;
2. (2) The dilution of the effluent in the receiving water (ratioofeffluentflowtoreceivingstreamflow);
3. (3) Existing controls on point or nonpoint sources, including total maximum daily load calculations for the waterbody segment and the relative contribution of the POTW;
4. (4) Receiving stream characteristics, including possible or known water quality impairment, and whether the POTW discharges to an outstanding natural resource water; and

5. (5) Other considerations, including the history of toxic impact and compliance problems at the POTW, which the secretary determines could cause or contribute to adverse water quality impacts.

   POTWs required in this section to conduct toxicity testing shall use EPA methods or other established protocols which are scientifically defensible and sufficiently sensitive to detect aquatic toxicity. Such testing must have been conducted since the last SWD permit reissuance or permit modification under chapter 74:52:04, whichever occurred later.

   References:

   Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, Stock Number EPA/600/4-89/001, March, 1989, U.S. Environmental Protection Agency, Office of Research and Development. Copies are available from the National Technical Information Service, U.S. Department of Commerce, Springfield, Virginia 22161. The cost is $18.95.

   Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater Organisms, (fourthedition), Stock Number EPA/600/4-90/027, September, 1991, U.S. Environmental Protection Agency, Office of Research and Development. Copies are available from the National Technical Information Service, U.S. Department of Commerce, Springfield, Virginia 22161. The cost is $24.95.

In addition, the secretary may require other POTWs to submit the results of toxicity tests with their permit application, based on consideration of the following factors:

Source: 19 SDR 122, effective February 21, 1993; transferred from § 74:03:18:09.05, July 1, 1996.

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-40 , 34A-2-44.