A permit applicant or permittee may cease conducting regulated activities. The permit may be modified to contain a schedule leading to timely cessation of activities.

1. (1) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;
2. (2) One schedule shall lead to timely compliance with applicable requirements no later than the statutory deadline. The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements no later than the statutory deadline; and

3. (3) Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under subdivision (2) of this section it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities and follow the schedule leading to termination if the decision is to cease conducting regulated activities.

   The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the secretary, such as a resolution of the board of directors of a corporation.

If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements no later than the statutory deadline. If the permittee is undecided whether to cease conducting regulated activities, the secretary may issue or modify a permit to contain two schedules as follows:

Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effective February 21, 1993; transferred from § 74:03:19:26, July 1, 1996.

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-39.