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 74:52:03:10 - Upsets
Current through Register Vol. 50, page 114, March 25, 2024
A permittee who wishes to establish the affirmative defense of an upset must demonstrate, through signed, contemporaneous operating logs or other relevant evidence that the following happened:
(1) An upset occurred and the permittee can identify the cause or causes of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee gave 24-hour notice of the upset; and
(4) The permittee took remedial measures to minimize or prevent a discharge in violation of the permit.
In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
General Authority: SDCL 34A-2-30.
Law Implemented: SDCL 34A-2-39 to 34A-2-42, 34A-2-44.