The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the regulation of underground storage tanks (USTs) to prevent petroleum contamination of soil and groundwater. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I. States are authorized to implement their own UST programs, provided they are no less stringent than the federal requirements. South Dakota’s program is administered by the DANR. When a release is confirmed from a UST system, the owner or operator must take immediate corrective actions. This typically involves reporting the release to the DANR, excavating contaminated soil, and potentially treating or removing contaminated groundwater. The DANR’s corrective action process is designed to achieve cleanup standards that protect human health and the environment. Site investigation and risk assessment are crucial steps in determining the extent of contamination and the appropriate remediation strategy. The DANR maintains a registry of contaminated sites and oversees the progress of cleanup activities. The goal is to restore affected areas to a condition that allows for safe future use. The DANR’s authority extends to requiring financial assurance from UST owners to cover the costs of corrective action and third-party liability. This ensures that funds are available to address releases when they occur, preventing the burden from falling on the state or its citizens.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees various environmental regulations, including those pertaining to hazardous waste management under the Resource Conservation and Recovery Act (RCRA) as implemented in South Dakota. When a facility generates hazardous waste, it must determine if it qualifies as a small quantity generator (SQG) or a large quantity generator (LQG) based on the monthly generation rate of hazardous waste. For SQGs, the monthly generation limit is between 100 and 1,000 kilograms of hazardous waste, or less than 1 kilogram of acute hazardous waste. LQGs generate 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acute hazardous waste. A facility that generates 950 kg of hazardous waste and 0.5 kg of acute hazardous waste in a month would be classified as a small quantity generator because its total hazardous waste generation is below the 1,000 kg threshold for LQGs, and its acute hazardous waste generation is also below the 1 kg threshold for LQGs. This classification dictates specific management, record-keeping, and reporting requirements under South Dakota Codified Law (SDCL) Chapter 34A-11 and associated administrative rules. The primary distinction for this facility’s classification hinges on exceeding the 1,000 kg monthly threshold for general hazardous waste, which it does not. Therefore, it falls into the SQG category.

The South Dakota Department of Agriculture and Natural Resources (DANR) is the primary agency responsible for administering environmental regulations in the state. Specifically, the regulation of underground storage tanks (USTs) containing petroleum products and hazardous substances falls under the purview of the DANR. The federal Energy Policy Act of 2005, and subsequent federal regulations promulgated by the U.S. Environmental Protection Agency (EPA), establish minimum standards for UST systems. South Dakota, in turn, has adopted these federal requirements and may have additional state-specific provisions. The primary goal of these regulations is to prevent the release of regulated substances into the environment, which can contaminate soil and groundwater. This involves requirements for tank design, installation, operation, and maintenance, as well as leak detection and corrective action. When a release is suspected or confirmed, a specific notification and reporting process must be followed, involving immediate notification to the DANR and the implementation of appropriate containment and cleanup measures. The DANR oversees the investigation and remediation of contaminated sites to ensure compliance with state and federal environmental standards.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the permitting and regulation of animal feeding operations, commonly referred to as Concentrated Animal Feeding Operations (CAFOs). The primary regulation governing these operations in South Dakota, and a critical component of environmental law for such facilities, is the South Dakota Codified Law (SDCL) Chapter 34A-11, which addresses animal waste management and pollution control. This chapter, along with associated administrative rules, establishes the framework for issuing permits, setting operational standards, and ensuring the protection of water quality. Specifically, SDCL 34A-11-7 outlines the requirement for a permit for any animal feeding operation that is defined as a CAFO under federal or state law. The DANR is responsible for developing and implementing a state program that is approved by the U.S. Environmental Protection Agency (EPA) under the National Pollutant Discharge Elimination System (NPDES) program, which includes CAFOs. Therefore, a permit issued by the DANR is the legally required authorization for a CAFO to operate and discharge pollutants, primarily through the management of animal waste. This permit process involves detailed plans for waste management, nutrient management, and environmental protection measures to prevent contamination of surface and groundwater resources within South Dakota. The question probes the understanding of which state agency is responsible for this specific permitting authority and the legal basis for that authority in South Dakota.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the state’s water quality programs, including the permitting of wastewater discharges under the National Pollutant Discharge Elimination System (NPDES) program, which is authorized by the Clean Water Act. Facilities discharging pollutants into waters of the United States are required to obtain a permit. The specific requirements for these permits, including effluent limitations and monitoring, are determined by the nature of the discharge, the receiving water body, and applicable federal and state regulations. South Dakota’s environmental laws, as administered by DANR, align with federal mandates while also incorporating state-specific considerations for water resource protection. The question asks about the primary regulatory mechanism for controlling point source discharges of pollutants into South Dakota’s surface waters. The NPDES permit program, as implemented through state-delegated authority, is the cornerstone of this control. Facilities must apply for and comply with the terms of these permits, which are designed to protect water quality. Other options are less direct or not the primary mechanism for point source control. While the Resource Conservation and Recovery Act (RCRA) deals with hazardous waste, it does not directly regulate wastewater discharges. The Safe Drinking Water Act (SDWA) focuses on public drinking water supplies, not effluent discharges. The Endangered Species Act (ESA) protects threatened and endangered species, and while water quality can impact them, it is not the direct permitting mechanism for discharges.

South Dakota’s approach to regulating hazardous waste generators is primarily governed by the South Dakota Codified Laws (SDCL) Chapter 77-5, which mirrors many federal requirements under the Resource Conservation and Recovery Act (RCRA). Generators are classified based on the quantity of hazardous waste produced per month. A Very Small Quantity Generator (VSQG) generates no more than 100 kilograms (approximately 220 pounds) of hazardous waste per month, and no more than 1 kilogram of acute hazardous waste. Small Quantity Generators (SQGs) generate between 100 and 1,000 kilograms of hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kilograms or more of hazardous waste per month. The scenario describes a facility in South Dakota that generates 150 kilograms of hazardous waste and 2 kilograms of acutely hazardous waste in a calendar month. To determine the generator status, we must consider both types of waste. The generation of 150 kilograms of hazardous waste places the facility above the threshold for a VSQG (100 kg/month). However, the generation of 2 kilograms of acutely hazardous waste is critical. Federal RCRA regulations, which South Dakota largely adopts, define an SQG as generating more than 100 kg but less than 1,000 kg of hazardous waste per month, AND less than or equal to 1 kg of acutely hazardous waste per month. Since this facility generates 2 kilograms of acutely hazardous waste, it exceeds the SQG limit for acutely hazardous waste. Therefore, even though its total hazardous waste generation (150 kg) is within the SQG range, the higher amount of acutely hazardous waste elevates its status. Facilities generating more than 1 kg of acutely hazardous waste per month, regardless of total hazardous waste volume, are classified as Large Quantity Generators (LQGs). This is a key distinction in waste management regulations to ensure that wastes with a higher immediate threat are managed under the strictest controls.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees environmental protection programs. When a new industrial facility proposes to discharge wastewater into a South Dakota water body, the facility must obtain a permit. This permit process is governed by the Clean Water Act and South Dakota Codified Law (SDCL) Chapter 34A-3. The key document required for such a discharge is a National Pollutant Discharge Elimination System (NPDES) permit, which is administered by the U.S. Environmental Protection Agency (EPA) but often delegated to states, including South Dakota. The permit application requires detailed information about the nature and volume of the discharge, as well as the proposed treatment methods to ensure compliance with water quality standards. Public notice and comment periods are integral parts of the permitting process, allowing stakeholders to voice concerns and contribute to the decision-making. The DANR reviews the application, conducts necessary studies, and issues a draft permit for public review before finalizing it. This ensures that discharges do not adversely affect the designated uses of the receiving waters, such as recreation, aquatic life, or public water supplies. The permitting process is designed to implement the goals of the Clean Water Act, which aims to restore and maintain the chemical, physical, and biological integrity of the nation’s waters.

The question pertains to the South Dakota Department of Agriculture and Natural Resources’ (DANR) role in regulating underground storage tanks (USTs) and the financial assurance requirements for owners and operators. Specifically, it addresses the minimum financial assurance amount mandated by South Dakota Codified Law (SDCL) Chapter 34A-12 and associated administrative rules, such as ARSD 74:01:03. This chapter outlines the responsibilities for preventing, detecting, and cleaning up releases from USTs. Financial assurance ensures that funds are available to cover the costs of corrective action and third-party liability. For owners and operators of petroleum USTs, South Dakota law, mirroring federal requirements under the Resource Conservation and Recovery Act (RCRA) Subtitle I, typically requires a minimum level of financial assurance to cover potential cleanup costs. While specific amounts can be adjusted by regulation, the established federal and state framework generally sets a baseline. In South Dakota, as of recent regulations, the minimum financial assurance requirement for owners and operators of petroleum USTs to cover corrective action costs is \$1 million per occurrence. This amount is intended to cover the expenses associated with investigating and remediating a release from a single UST system. Other mechanisms for financial assurance, such as insurance, trust funds, or surety bonds, must meet this minimum threshold.

South Dakota Codified Law (SDCL) Chapter 34A-1 deals with air pollution control. Specifically, SDCL 34A-1-2 defines “air contaminant” broadly to include dust, soot, fumes, gas, smoke, vapors, or any combination thereof which is or may be injurious to human health or which unreasonably interferes with the comfortable enjoyment of life or property. SDCL 34A-1-3 outlines the powers and duties of the Department of Agriculture and Natural Resources (DANR), including the authority to adopt and enforce rules and regulations to prevent, control, and abate air pollution. SDCL 34A-1-13 mandates that no person shall cause or permit to be discharged into the atmosphere from any source whatsoever any air contaminant in excess of the limits established by the department. The department is empowered to issue permits and set emission standards. Therefore, any discharge exceeding established limits, regardless of the specific pollutant type as long as it falls within the broad definition of an air contaminant, would be a violation of South Dakota law. The concept of “unreasonable interference” is a key element in determining a violation when specific numerical limits are not explicitly breached, but the discharge still impacts the environment or public well-being.

South Dakota Codified Law (SDCL) Chapter 34A-6, specifically concerning hazardous waste management, outlines the state’s regulatory framework. This chapter, in conjunction with federal regulations such as the Resource Conservation and Recovery Act (RCRA), dictates the requirements for generators, transporters, and treatment, storage, and disposal facilities (TSDFs) of hazardous waste. When a generator produces hazardous waste, they are subject to specific accumulation time limits and storage requirements before the waste must be shipped off-site for management. These limits are designed to prevent the on-site accumulation of large quantities of hazardous materials, thereby reducing the risk of environmental contamination and protecting public health. The specific time limits and associated requirements, such as proper container management, labeling, and contingency planning, are detailed within the administrative rules promulgated by the South Dakota Department of Agriculture and Natural Resources (DANR). Understanding these provisions is crucial for any entity that generates hazardous waste within the state, as non-compliance can result in significant penalties. The core principle is to ensure that hazardous waste is managed from “cradle to grave” in a manner that minimizes environmental impact.

The South Dakota Department of Agriculture and Natural Resources (DANR) is responsible for overseeing various environmental regulations. When a proposed development project, such as a new agricultural processing facility near the Badlands National Park, might impact water quality, the DANR would typically initiate a review process. This process often involves assessing potential discharges into state waters, which are defined under South Dakota Codified Law (SDCL) Chapter 34A-3. SDCL 34A-3-2 specifically addresses the prohibition of pollution of waters of the state. For a project of this nature, a permit would likely be required under the National Pollutant Discharge Elimination System (NPDES) program, which is administered by the DANR in South Dakota, even if the facility is primarily agricultural. The NPDES permit process, guided by federal Clean Water Act provisions and state-specific implementation, mandates that any point source discharge into navigable waters must be authorized. This authorization involves setting effluent limitations based on technology standards and water quality standards to protect the designated uses of the receiving waters. Therefore, the critical first step in regulating potential pollution from such a facility would be the requirement for an NPDES permit application and subsequent review by the DANR to ensure compliance with South Dakota’s water pollution control statutes and federal mandates. The concept of “waters of the state” is broad and encompasses surface waters, groundwater, and even wetlands, making the scope of regulation extensive for any potential pollutant source.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the state’s environmental regulations. When a new facility proposes to discharge wastewater into the Big Sioux River, it must obtain a permit. This permit process is governed by the South Dakota Codified Laws (SDCL) Chapter 34A-3, which addresses water pollution control. The core of this regulation is the requirement for a permit to discharge pollutants into state waters. The DANR evaluates the proposed discharge based on established water quality standards for the receiving water body, the Big Sioux River. This evaluation considers the type and quantity of pollutants, the treatment technology employed by the facility, and the potential impact on aquatic life and human health. The process typically involves a public notice period, allowing for stakeholder input, and may require an environmental assessment or impact study depending on the scale and nature of the proposed discharge. Compliance with the permit terms and conditions, including monitoring and reporting requirements, is mandatory. Failure to obtain a permit or to adhere to its provisions can result in enforcement actions, including fines and injunctive relief, as stipulated in SDCL Chapter 34A-11. The permit essentially establishes the legal framework for the facility’s interaction with the state’s water resources, ensuring that discharges are managed to protect the environment.

South Dakota Codified Law (SDCL) Chapter 34A-11 governs the regulation of underground storage tanks (USTs). This chapter, along with associated administrative rules promulgated by the South Dakota Department of Agriculture and Natural Resources (DANR), establishes requirements for the installation, operation, maintenance, and closure of UST systems. Specifically, SDCL 34A-11-13 outlines the responsibilities of owners and operators to prevent releases, including the use of leak detection and corrosion protection. SDCL 34A-11-14 details the reporting requirements for suspected or confirmed releases, mandating prompt notification to the department. SDCL 34A-11-15 addresses the remediation of contaminated sites, requiring the development and implementation of corrective action plans to address soil and groundwater contamination. The department has the authority to oversee these activities and can issue orders or take enforcement actions for non-compliance. The concept of “substantial compliance” in environmental law generally refers to a good faith effort to meet the spirit and intent of the regulations, even if minor deviations occur. However, for releases from USTs, the regulatory framework in South Dakota emphasizes strict adherence to reporting and corrective action requirements to protect public health and the environment. Failure to promptly report a release, as mandated by SDCL 34A-11-14, can lead to penalties and hinder effective remediation efforts, potentially exacerbating environmental damage. Therefore, immediate notification is paramount.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the permitting process for underground storage tanks (USTs) that store regulated substances. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I, which South Dakota has adopted and implemented through its own state statutes and regulations. South Dakota Codified Law (SDCL) Chapter 34-21, “Underground Storage Tanks,” and associated administrative rules found in the South Dakota Administrative Rules of the Department of Agriculture and Natural Resources (ARSD) Chapter 74:30, detail the requirements for UST systems, including registration, design, installation, operation, maintenance, and closure. A key aspect of compliance is the financial responsibility requirement, ensuring that owners and operators have the means to address potential leaks and corrective actions. This financial assurance can be demonstrated through various mechanisms, such as insurance, surety bonds, letters of credit, or a trust fund. The specific minimum amount of financial responsibility required for petroleum USTs is established by federal regulations (40 CFR Part 280) and mirrored in state rules, currently set at \$1 million per occurrence for petroleum marketing facilities and \$500,000 per occurrence for non-marketing facilities, with an annual aggregate of \$1 million for both. However, the question asks about a facility that stores hazardous substances other than petroleum. While RCRA Subtitle I primarily focuses on petroleum and certain hazardous wastes, the DANR’s authority extends to other regulated substances under state law. For facilities storing hazardous substances that are not petroleum, the DANR may require financial responsibility in an amount determined by the department to be adequate to cover potential liabilities, often referencing the federal requirements for petroleum as a baseline but allowing for adjustments based on the specific substance, volume, and potential environmental impact. Given the scenario of a facility storing hazardous substances not otherwise specified as petroleum, the DANR would assess the risk and establish an appropriate financial assurance level, which could be up to \$1 million per occurrence if the risk profile warrants it, aligning with the higher end of petroleum requirements to ensure comprehensive protection. Therefore, the most appropriate answer reflecting the DANR’s potential requirement for a hazardous substance facility, absent specific petroleum classification, is \$1 million per occurrence.

The South Dakota Department of Agriculture and Natural Resources (DANR) is the primary state agency responsible for administering environmental protection programs, including those related to water quality. Under the Clean Water Act, states are delegated authority to issue permits for the discharge of pollutants into waters of the United States. In South Dakota, this authority is exercised through the issuance of National Pollutant Discharge Elimination System (NPDES) permits, which are administered by DANR. These permits establish specific effluent limitations, monitoring requirements, and management practices that facilities must adhere to. While the Environmental Protection Agency (EPA) retains oversight, DANR’s role in issuing and enforcing these permits is crucial for managing water pollution within the state. Therefore, when a facility in South Dakota proposes to discharge treated wastewater into a navigable waterway, the most direct and legally mandated pathway for regulatory approval and oversight is through the NPDES permitting process managed by the state’s environmental agency. Other regulatory frameworks, such as the Safe Drinking Water Act, primarily focus on the quality of public drinking water supplies, not the discharge of wastewater. While federal regulations under the Resource Conservation and Recovery Act (RCRA) address hazardous waste management, they do not directly govern the discharge of treated wastewater into surface waters. Similarly, the Endangered Species Act is focused on protecting threatened and endangered species and their habitats, which, while potentially relevant in environmental impact assessments, is not the primary permitting mechanism for wastewater discharges.

South Dakota’s approach to regulating agricultural operations, particularly concentrated animal feeding operations (CAFOs), is primarily governed by the South Dakota Department of Agriculture and Natural Resources (DANR). The state’s regulations are often aligned with federal Clean Water Act (CWA) requirements, specifically the National Pollutant Discharge Elimination System (NPDES) permitting program. A key aspect of this is the development and implementation of Comprehensive Nutrient Management Plans (CNMPs). These plans are designed to manage animal waste in a way that prevents pollution of surface and groundwater. While federal law sets the framework, South Dakota may have specific state-level statutes or administrative rules that further define requirements for CAFOs, including setback distances, waste storage capacity, and land application rates. Understanding the interplay between federal mandates and state-specific implementation is crucial. The concept of “generally accepted agricultural and management practices” (GAAMPs) can also play a role in determining compliance and liability. In essence, compliance involves a multi-faceted approach that includes proper waste handling, record-keeping, and adherence to approved management plans, all within the overarching regulatory structure established by both federal and state environmental agencies. The question tests the understanding of the primary regulatory body and the core mechanism for environmental protection related to animal agriculture in South Dakota.

South Dakota Codified Law (SDCL) Chapter 34A-2, the state’s primary air pollution control statute, grants the Department of Agriculture and Natural Resources (DANR) broad authority to regulate sources of air pollution. This chapter, in conjunction with federal Clean Air Act provisions as adopted by reference, establishes permitting requirements, emission standards, and enforcement mechanisms. When a facility proposes an expansion that could significantly increase its potential to emit regulated air pollutants, it triggers a review process under SDCL 34A-2. Specifically, SDCL 34A-2-11 outlines the requirement for a permit to construct or operate, and SDCL 34A-2-12 details the process for obtaining such permits, including public notice and opportunity for comment. The threshold for requiring a new permit or permit modification due to increased emissions is often tied to the definition of a “major source” or “significant emissions increase” as defined by federal regulations incorporated into state law, which are designed to ensure that new or modified sources do not cause or contribute to a violation of ambient air quality standards or interfere with the attainment of such standards. The DANR evaluates the proposed changes against these standards and permit conditions to ensure compliance with the South Dakota Air Quality Rules, specifically ARSD Chapter 74:36. The department’s decision is based on whether the proposed expansion would lead to emissions exceeding applicable limits or would otherwise negatively impact ambient air quality in South Dakota.

The South Dakota Department of Agriculture and Natural Resources (DANR) is responsible for overseeing various environmental programs. When a permit is required for a discharge into state waters, the applicant must submit a permit application. If the application is deemed incomplete, the DANR has a specific timeframe to notify the applicant of the deficiencies. This notification is crucial for the applicant to correct the application and for the permit process to continue. The South Dakota Codified Law (SDCL) Chapter 77-11 governs water pollution control and the permitting process. Specifically, SDCL 77-11-10.1 outlines the responsibilities of the department regarding incomplete applications. This statute mandates that if an application is incomplete, the department shall notify the applicant of the deficiencies within 30 days of receiving the application. Upon receiving the notification, the applicant then has a period to correct these deficiencies. The DANR’s role is to facilitate a complete and accurate application review to ensure compliance with state environmental standards and federal Clean Water Act requirements. The timeframe for notification is a key procedural safeguard.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the state’s environmental regulations. The question concerns the process of obtaining a permit for a new industrial facility that may discharge pollutants into state waters. Under South Dakota Codified Law (SDCL) Chapter 34A-2, which governs water pollution control, any facility proposing to discharge pollutants must obtain a permit. The process typically involves an application, a public notice period, and a review by DANR to ensure compliance with state water quality standards and federal Clean Water Act requirements. The permit, often referred to as a National Pollutant Discharge Elimination System (NPDES) permit when federally delegated, establishes effluent limitations, monitoring requirements, and reporting schedules. The issuance of a permit is a discretionary act by the regulatory agency, based on a thorough technical review of the proposed discharge and its potential impact on the receiving waters. This review considers factors such as the type and volume of pollutants, the capacity of the receiving water body to assimilate those pollutants, and the availability of pollution control technologies. The applicant must demonstrate that the proposed discharge will not violate water quality standards. The permit may also include conditions related to best management practices and pollution prevention strategies.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the regulation of agricultural operations, including animal feeding operations, under various state statutes and administrative rules. Specifically, the regulation of nutrient management plans, which are crucial for preventing water pollution from animal waste, falls under the purview of the DANR. When an animal feeding operation, such as a large hog farm, proposes to expand its capacity or construct new facilities in South Dakota, it must comply with the state’s environmental regulations. These regulations often require the development and submission of a comprehensive nutrient management plan. This plan details how animal waste will be stored, treated, and applied to land in a manner that minimizes the risk of nutrient runoff into surface waters or leaching into groundwater. The DANR reviews these plans to ensure they meet the standards set forth in South Dakota Codified Law (SDCL) Chapter 9:11, which governs agricultural operations and environmental protection, and related administrative rules promulgated by the DANR. The process involves assessing the proposed operation’s potential environmental impact, the adequacy of the proposed waste management practices, and the overall compliance with state and federal environmental standards. The ultimate goal is to balance agricultural productivity with the protection of South Dakota’s natural resources, particularly its water quality.

South Dakota Codified Law (SDCL) Chapter 34A-2, the state’s primary air pollution control statute, grants the Department of Agriculture and Natural Resources (DANR) the authority to issue permits for sources of air contaminants. A key aspect of this permitting process involves the establishment of emission limitations. These limitations are often derived from the concept of Best Available Control Technology (BACT). BACT is a technology-based standard that requires the maximum degree of reduction of each regulated air pollutant, taking into account technological and economic feasibility. When a new or modified source of air pollution is proposed in South Dakota, the DANR must determine the BACT for each pollutant. This determination considers factors such as the type of process, the nature of the pollutant, the availability of control equipment, the cost of implementing the control, and the environmental impact of the reduction. The goal is to ensure that emissions are controlled to the lowest achievable level, consistent with the state’s overall air quality management program, which aims to protect public health and welfare. The permit will then specify these BACT-determined emission limits, along with monitoring, recordkeeping, and reporting requirements to ensure compliance. The question asks about the foundational principle guiding the DANR’s emission limit setting for new or modified sources under SDCL 34A-2, which is BACT.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees environmental protection in the state. When a facility plans to discharge wastewater into a South Dakota water body, a permit is required. The primary federal law governing this is the Clean Water Act (CWA), which establishes the National Pollutant Discharge Elimination System (NPDES) program. South Dakota has been delegated authority by the U.S. Environmental Protection Agency (EPA) to administer its own NPDES program, known as the South Dakota Pollutant Discharge Elimination System (SDPDES). Therefore, any facility, including agricultural operations like the hypothetical “Prairie Cattle Ranch,” seeking to discharge treated wastewater must obtain an SDPDES permit. This permit will specify effluent limitations, monitoring requirements, and other conditions to protect water quality in accordance with state and federal standards. The South Dakota Codified Laws (SDCL) Chapter 34A-2 outlines the state’s authority for water pollution control and the permitting process. Failure to obtain a permit before discharge constitutes a violation of both state and federal environmental laws, potentially leading to enforcement actions, including civil penalties.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees various environmental programs, including those related to water quality and pollution control. The Water Pollution Control Program, guided by the South Dakota Codified Laws (SDCL) Chapter 34A-3 and associated administrative rules, establishes permitting requirements for point source discharges into state waters. Facilities that discharge wastewater, such as industrial plants or municipal treatment works, must obtain a permit to ensure compliance with water quality standards and to limit the introduction of pollutants. These permits, often referred to as NPDES (National Pollutant Discharge Elimination System) permits in the federal context, are issued by the state under its delegated authority. The process involves an application detailing the nature of the discharge, the pollutants expected, and the proposed treatment methods. The DANR reviews these applications to determine if the discharge will meet the state’s water quality standards and the requirements of the Clean Water Act. If approved, a permit is issued with specific effluent limitations, monitoring requirements, and reporting schedules. Failure to obtain a permit or to comply with its terms can result in enforcement actions, including fines and penalties, as stipulated in SDCL 34A-3-2. Therefore, understanding the necessity of a permit for any facility discharging pollutants into South Dakota waters is fundamental to environmental compliance.

The South Dakota Department of Agriculture and Natural Resources (DANR) is the primary state agency responsible for administering environmental protection programs, including those related to water quality. The Water Quality Standards are established to protect the designated uses of the state’s waters, such as aquatic life, recreation, and public health. These standards are promulgated under the authority of South Dakota Codified Law (SDCL) Chapter 34A-2, which governs water pollution control. When a new industrial facility proposes to discharge wastewater into a South Dakota water body, the DANR must review the discharge permit application to ensure compliance with these established water quality standards. This review process often involves determining the appropriate effluent limitations for various pollutants, which are based on the receiving water’s designated uses and the potential impact of the discharge. The concept of “antidegradation” is a critical component of these standards, requiring that existing water quality be maintained and protected. This means that new or expanded discharges cannot cause a lowering of water quality unless it is determined to be necessary to accommodate important economic or social development and all other less harmful means of achieving compliance are not feasible. Therefore, the DANR’s role is to ensure that any permitted discharge meets or exceeds the state’s water quality standards, thereby safeguarding the state’s aquatic ecosystems and public health.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees various environmental regulations. One key area is the management of agricultural operations and their potential impact on water quality. South Dakota Codified Law (SDCL) Chapter 38-17, pertaining to the regulation of animal waste and nutrient management, establishes requirements for concentrated animal feeding operations (CAFs) and the development of comprehensive nutrient management plans (NMPs). These plans are designed to prevent or minimize the discharge of pollutants, particularly nutrients like nitrogen and phosphorus, into surface and groundwater. The DANR is responsible for reviewing and approving these NMPs, ensuring they meet state and federal standards. The process involves assessing the operation’s size, the type of animals, manure handling and storage systems, land application methods, and record-keeping practices. Failure to comply with approved NMPs or the underlying statutes can result in enforcement actions, including penalties and the requirement to implement corrective measures. The core principle is to protect the state’s valuable water resources from agricultural pollution through a proactive, planning-based approach.

South Dakota Codified Law (SDCL) Chapter 34A-1 governs the state’s approach to hazardous waste management, aligning with federal Resource Conservation and Recovery Act (RCRA) principles. Specifically, SDCL 34A-1-2 defines “hazardous waste” broadly to include materials exhibiting characteristics of ignitability, corrosivity, reactivity, or toxicity, or that are listed by the EPA or the state as hazardous. SDCL 34A-1-3 mandates that the Department of Agriculture and Natural Resources (DANR) develop and implement a comprehensive hazardous waste program. This program includes permitting for treatment, storage, and disposal facilities (TSDFs), manifest requirements for tracking waste from generation to final disposal, and standards for generators and transporters. The concept of “cradle-to-grave” management is central, meaning responsibility for hazardous waste extends from its creation to its ultimate safe disposal. A facility that generates hazardous waste but does not treat, store, or dispose of it on-site, and instead transports it to a permitted facility, is considered a generator. The generator’s responsibility includes proper identification, labeling, storage, and arrangement for transportation by a licensed hazardous waste transporter. The state’s regulatory framework aims to protect public health and the environment by ensuring that hazardous waste is managed in a manner that prevents pollution and minimizes risks.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the regulation of underground storage tanks (USTs) to prevent petroleum and hazardous substance releases into the environment. The federal Energy Policy Act of 2005 mandated stricter UST regulations, which South Dakota has incorporated into its administrative rules. Specifically, South Dakota Administrative Rule (SDAR) 74:09:01 addresses the requirements for UST systems, including installation, operation, maintenance, and closure. A key aspect of these regulations is the financial responsibility requirement for owners and operators to demonstrate the ability to pay for corrective actions and third-party liability resulting from a release. SDAR 74:09:01:09 outlines the acceptable mechanisms for demonstrating financial assurance. These mechanisms include various insurance policies, guarantees, trust funds, surety bonds, letters of credit, and state-mandated mechanisms. The purpose of these requirements is to ensure that resources are available to address the environmental and economic consequences of a UST release without relying on public funds. The specific threshold for financial assurance for a petroleum UST facility is \( \$1 million \) per occurrence and \( \$1 million \) aggregate for petroleum marketing or \( \$2 million \) aggregate for non-marketing facilities. However, the question asks about a facility that stores both petroleum and hazardous substances, which requires a higher level of financial assurance to cover potential liabilities associated with both types of regulated substances. For facilities handling hazardous substances, the financial assurance requirement is \( \$1 million \) per occurrence and \( \$1 million \) aggregate. When a facility handles both, the higher of the two applicable requirements or a combined requirement may apply depending on the specific interpretation of the regulations. In this scenario, the facility stores hazardous substances and petroleum. The requirement for hazardous substances is \( \$1 million \) per occurrence and \( \$1 million \) aggregate. The requirement for petroleum marketing is \( \$1 million \) per occurrence and \( \$2 million \) aggregate. Therefore, the most stringent requirement, covering both potential liabilities, would be \( \$1 million \) per occurrence and \( \$2 million \) aggregate. This ensures adequate coverage for the most significant potential financial obligations arising from a release at such a facility.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the regulation of underground storage tanks (USTs) to prevent petroleum contamination of groundwater. The primary federal law governing USTs is the Resource Conservation and Recovery Act (RCRA), specifically Subtitle I. South Dakota has implemented its own state program, often authorized by the U.S. Environmental Protection Agency (EPA), which must be at least as stringent as the federal requirements. Key aspects of these regulations include requirements for tank installation, leak detection, corrosion protection, overfill prevention, financial responsibility, and proper closure or upgrading. For existing tanks, a critical deadline was December 22, 1998, by which all USTs must have met the secondary containment and leak detection requirements. Tanks that did not meet these standards by this date were considered “out of compliance” for operational purposes unless they were specifically permitted for temporary non-operation or had begun the process of permanent closure. Therefore, a tank that was installed prior to 1998 and has not undergone upgrades to meet current leak detection and corrosion protection standards would be in violation of operational requirements if still in use for storing regulated substances. South Dakota Codified Law (SDCL) Chapter 34A-13 provides the statutory authority for the state’s environmental protection programs, including those related to hazardous substance storage. The DANR’s administrative rules, particularly those found in ARSD Chapter 74:36, detail the specific technical and operational requirements for UST systems. These rules mandate that all active UST systems must have a release detection method in place for each tank and piping. For tanks installed before the federal deadline, if no upgrades were made to incorporate a compliant release detection system and corrosion protection, they would be considered non-compliant for continued operation.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees various environmental regulations. When a new facility proposes to discharge wastewater into a state-regulated water body, the primary permitting mechanism under the federal Clean Water Act, as implemented in South Dakota, is the National Pollutant Discharge Elimination System (NPDES) permit program. While other permits might be relevant depending on the facility’s operations (e.g., air quality permits, solid waste permits), the direct discharge of wastewater requires an NPDES permit, which in South Dakota is administered by the DANR. This permit establishes specific effluent limitations, monitoring requirements, and management practices to protect water quality. The concept of “best available technology economically achievable” (BAT) is a key standard for setting effluent limitations for toxic and conventional pollutants. The permit process involves public notice and opportunity for comment, ensuring transparency and stakeholder involvement. Therefore, the initial and most crucial permit for a direct wastewater discharge is the NPDES permit.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees the state’s environmental protection programs. When a new facility is proposed that may discharge pollutants into waters of the state, a key regulatory mechanism is the South Dakota Integrated Water Quality Monitoring and Assessment Report, which is prepared in accordance with Section 305(b) and 303(d) of the federal Clean Water Act. This report identifies impaired waters and establishes Total Daily Maximum Loads (TMDLs) for pollutants. For a new facility, the DANR would likely require a National Pollutant Discharge Elimination System (NPDES) permit, which is administered in South Dakota by the DANR. The NPDES permit process involves setting effluent limitations based on technology-based standards and water quality standards. Water quality standards in South Dakota are established in ARSD Chapter 74:02:03. These standards define designated uses for water bodies and criteria to protect those uses. If a proposed discharge could impact a designated use, such as aquatic life propagation, the permit must ensure that the discharge does not cause or contribute to a violation of these criteria. The development of a TMDL, if applicable to the receiving water body for the pollutant in question, would inform the effluent limitations set in the NPDES permit. The state’s permitting authority, under SDCL Chapter 34A-3, grants the DANR the power to issue permits for discharges. Therefore, understanding the state’s water quality standards and the NPDES permitting process, including the role of TMDLs and the DANR’s authority, is crucial for evaluating the environmental impact of a new facility.