South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:27 - Solid waste
Chapter 74:27:08 - Solid waste permit procedures
Section 74:27:08:07 - Review of Phase I applications for new Type I and IIA facilities

Within 90 days from the receipt of a Phase I application and fee, the secretary shall conduct a review and decide on the Phase I application. Based on the secretary's review of the Phase I application, the inspection, and the investigation, the secretary shall notify the applicant either that the permit application may proceed or that the permit application may not proceed because the secretary has determined that the Phase I application is inadequate or incomplete, that the location is unsuitable for development of a solid waste facility, or that the results of the background investigation show the applicant to be unworthy as described in SDCL 34A-6-1.13. The applicant shall be informed of the reasons for a decision that a permit application may not proceed.

The applicant may, for any Phase I application or proposed location determined to be unsuitable, collect and supply to the secretary additional information relating to the proposed location and its suitability as a solid waste facility. If the secretary fails to decide on the Phase I application as provided by this section, the applicant may proceed with the application as provided for by this chapter.

General Authority: SDCL 34A-6-1.6, 34A-6-1.14.

Law Implemented: SDCL 34A-6-1.6, 34A-6-1.8, 34A-6-1.14.