An owner or operator required by the department under § 74:56:01:45 or 74:56:01:48 to develop and submit a corrective action plan for responding to any contaminated soils or groundwater shall submit the plan according to a schedule established by the department.

1. (1) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;
2. (2) The hydrogeologic characteristics of the facility and the surrounding land;
3. (3) The proximity, quality, and current and future uses of groundwater;
4. (4) An exposure assessment; and

5. (5) The proximity, quality, and current and future uses of surface waters.

   Upon approval of the corrective action plan, the owners or operators shall implement the plan and monitor, evaluate, and report the results of implementation as required by the department.

The department shall approve the corrective action plan only if it assures that implementation of the plan will provide adequate protection of human health, safety, and the environment. In making this determination, the department shall consider:

Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:27, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:22, July 1, 1996.

General Authority: SDCL 34A-2-93 , 34A-2-99.

Law Implemented: SDCL 34A-2-98 , 34A-2-99.