South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:52 - Surface water discharge permits
Chapter 74:52:02 - Application requirements
Section 74:52:02:06 - Continuation of expired permits
Current through Register Vol. 50, page 114, March 25, 2024
The conditions of an expired permit remain effective and enforceable until the effective date of a new permit if the permittee has submitted a complete and timely application for a new permit under §§ 74:52:02:04 and 74:52:02:05 and the secretary, through no fault of the permittee, does not issue a new permit that is effective by the expiration date of the previous permit.
If the permittee is not in compliance with the conditions of the expiring or expired permit, the secretary may choose to do one or more of the following:
(1) Initiate enforcement action based on the permit which has been continued;
(2) Issue a notice of intent to deny the new permit under § 74:52:05:04;
(3) Issue a new permit under § 74:52:04:03 with appropriate conditions; or
(4) Take other action authorized by the SWD permit regulations in chapters 74:52:01 to 74:52:11, inclusive.
General Authority: SDCL 34A-2-30.
Law Implemented: SDCL 34A-2-36.
