South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:52 - Surface water discharge permits
Chapter 74:52:03 - Permit conditions
Section 74:52:03:08 - Anticipated bypass allowed
Current through Register Vol. 50, page 114, March 25, 2024
An anticipated bypass which causes the effluent limitations to be exceeded is prohibited, and the secretary may take enforcement action against a permittee for a bypass, unless the secretary approves the anticipated bypass after considering its adverse effects and determines that it will meet the following conditions:
(1) The bypass was unavoidable to prevent loss of life, threat to public health, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The permittee notified the secretary at least ten days before the anticipated bypass.
General Authority: SDCL 34A-2-30.
Law Implemented: SDCL 34A-2-39 to 34A-2-42, 34A-2-44.
