South Dakota Codified Law (SDCL) Chapter 34A-11 governs hazardous waste management. Specifically, SDCL 34A-11-2 defines “hazardous waste” by reference to federal regulations promulgated under the Resource Conservation and Recovery Act (RCRA). This means that the characteristics and listed wastes identified by the U.S. Environmental Protection Agency (EPA) under federal RCRA regulations are also considered hazardous waste in South Dakota. The state’s program is authorized to operate in lieu of the federal program, meaning it must be at least as stringent as the federal requirements. Therefore, any waste exhibiting a characteristic of ignitability, corrosivity, reactivity, or toxicity, or any waste listed by the EPA, is considered hazardous waste under South Dakota law. The question tests the understanding that South Dakota’s definition of hazardous waste is directly tied to and incorporates the federal RCRA definitions and lists, ensuring consistency in hazardous waste management across the nation while allowing for state-specific implementation. The correct answer reflects this direct incorporation of federal standards.

The scenario describes a generator in South Dakota that produces 150 kilograms of hazardous waste per month, consisting of 100 kilograms of characteristic hazardous waste and 50 kilograms of listed hazardous waste. South Dakota regulations, mirroring federal Resource Conservation and Recovery Act (RCRA) provisions, define a small quantity generator (SQG) as one that generates between 100 and 1,000 kilograms of hazardous waste per month. A large quantity generator (LQG) generates 1,000 kilograms or more per month. The key distinction for SQGs is that they are subject to less stringent accumulation time limits and record-keeping requirements compared to LQGs. Specifically, SQGs can accumulate hazardous waste on-site for up to 180 days without a permit, or 270 days if the waste must be transported over 200 miles. The total monthly generation rate determines the generator status. In this case, the total generation is 150 kg, which falls within the SQG category. Therefore, the generator can accumulate the hazardous waste for a maximum of 180 days. The presence of both characteristic and listed hazardous waste does not alter the generator status or the accumulation period for an SQG, as long as the total monthly generation remains within the SQG threshold. The regulatory framework in South Dakota emphasizes the total quantity of hazardous waste generated per calendar month to classify generators and dictate their management responsibilities, including accumulation timeframes.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management within the state. Under South Dakota Codified Law (SDCL) Chapter 34A-11, and its corresponding administrative rules, facilities that generate, treat, store, or dispose of hazardous waste must comply with specific requirements. A critical aspect of this compliance involves the proper identification and management of hazardous waste. Waste is generally considered hazardous if it exhibits characteristics of ignitability, corrosivity, reactivity, or toxicity, or if it is specifically listed by the U.S. Environmental Protection Agency (EPA) or the state as hazardous. Generators are responsible for determining if their waste is hazardous. This determination can be made through testing for the characteristic properties or by referring to lists of hazardous wastes. If a facility generates a waste that meets the definition of hazardous waste, it must obtain an EPA identification number and adhere to the regulations pertaining to its generator status (e.g., large quantity generator, small quantity generator, conditionally exempt small quantity generator). The state’s regulatory framework often mirrors federal Resource Conservation and Recovery Act (RCRA) regulations but may include additional state-specific provisions. For instance, certain wastes not explicitly listed by the EPA might be regulated under state law if they pose a significant threat to human health or the environment in South Dakota. The correct option reflects the core responsibility of a generator in South Dakota to correctly identify and manage their hazardous waste according to state and federal mandates, which includes understanding the criteria for hazardous waste classification.

South Dakota Codified Law (SDCL) Chapter 34A-11, pertaining to hazardous waste management, establishes a framework for the regulation of hazardous waste from generation to final disposal. A critical aspect of this framework involves the definition of a “generator” and the associated responsibilities. Under SDCL 34A-11-1, a hazardous waste generator is any person who produces a hazardous waste or whose process creates a hazardous waste. The classification of generators into categories such as large quantity generators, small quantity generators, and conditionally exempt small quantity generators is primarily based on the volume of hazardous waste produced per month. These classifications dictate the specific regulatory requirements, including storage limits, manifest requirements, and emergency preparedness. For instance, a facility generating more than 1,000 kilograms (approximately 2,200 pounds) of hazardous waste in a calendar month, or more than 1 kilogram of acute hazardous waste, is typically classified as a large quantity generator. Small quantity generators produce between 100 and 1,000 kilograms of hazardous waste per month, while conditionally exempt small quantity generators produce 100 kilograms or less per month and meet other specific criteria. The purpose of these distinctions is to tailor regulatory burdens to the potential risk posed by the quantity of waste generated, ensuring that the most significant sources of hazardous waste are subject to the most stringent controls. This tiered approach reflects the principle of proportionality in environmental regulation, aiming for effective environmental protection without imposing undue burdens on very small generators. The South Dakota Department of Agriculture and Natural Resources oversees the implementation and enforcement of these regulations.

South Dakota Codified Law (SDCL) Chapter 34A-11, concerning hazardous waste management, establishes the framework for identifying, tracking, and managing hazardous waste within the state. A critical aspect of this framework is the definition and regulation of hazardous waste generators. Generators are classified based on the quantity of hazardous waste they produce per month. This classification dictates the specific regulatory requirements they must adhere to, including storage limits, manifest requirements, and reporting obligations. Small Quantity Generators (SQGs) are defined as entities that produce between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acute hazardous waste per month. Large Quantity Generators (LQGs) produce more than 1,000 kilograms of hazardous waste per month. Conditionally Exempt Small Quantity Generators (CESQGs) produce 100 kilograms or less of hazardous waste per month. The question tests the understanding of these thresholds as defined by South Dakota law. Therefore, a facility generating 500 kilograms of hazardous waste in a calendar month would fall within the category of a Small Quantity Generator.

South Dakota’s hazardous waste regulations, largely mirroring federal Resource Conservation and Recovery Act (RCRA) provisions, establish a framework for managing hazardous waste from generation to final disposal. A critical aspect of this framework is the definition of a “generator” and the associated responsibilities. Generators are classified based on the quantity of hazardous waste they produce per month. The three primary categories are: Large Quantity Generators (LQGs), Small Quantity Generators (SQGs), and Conditionally Exempt Small Quantity Generators (CESQGs). The specific regulatory requirements, such as storage limits, personnel training, contingency planning, and reporting, vary significantly between these categories. For instance, LQGs face the most stringent requirements, including a 90-day limit for on-site accumulation of hazardous waste without a permit, while CESQGs have more lenient provisions, often being exempt from many of the detailed management standards if they meet certain criteria, such as generating no more than 100 kilograms of hazardous waste per month and no more than 1 kilogram of acutely hazardous waste per month. The scenario presented involves a facility in South Dakota that generates 95 kilograms of hazardous waste and 0.5 kilograms of acutely hazardous waste in a calendar month. According to the South Dakota Codified Laws (SDCL) Chapter 34A-11 and associated administrative rules, a CESQG is defined as a generator who generates less than or equal to 100 kilograms (220 pounds) of hazardous waste per month, and less than or equal to 1 kilogram (2.2 pounds) of acutely hazardous waste per month. Since the facility’s monthly generation of hazardous waste (95 kg) is less than or equal to 100 kg, and its generation of acutely hazardous waste (0.5 kg) is less than or equal to 1 kg, it falls within the CESQG category. This classification exempts the facility from many of the stringent management standards applicable to SQGs and LQGs, though it must still ensure its waste is managed at a permitted treatment, storage, and disposal facility.

The scenario describes a generator of hazardous waste in South Dakota that has exceeded the regulatory threshold for accumulation of hazardous waste on-site for more than 90 days but less than 180 days, classifying them as a Large Quantity Generator (LQG). Under South Dakota Codified Law (SDCL) Chapter 34A-11 and the corresponding administrative rules, specifically ARSD 74:28:02, LQGs are subject to stringent requirements. One of the primary requirements for LQGs is the need to have an EPA identification number. This identification number is crucial for tracking hazardous waste from its generation to its final disposal. The generator must also ensure that their hazardous waste is transported by a licensed hazardous waste transporter to a permitted treatment, storage, or disposal facility (TSDF). The manifest system, as outlined in ARSD 74:28:02:08, is a key component of this tracking process, requiring a uniform hazardous waste manifest to accompany shipments. Furthermore, LQGs must submit biennial reports to the South Dakota Department of Agriculture and Natural Resources (DANR), detailing the types and quantities of hazardous waste generated and how it was managed. The question probes the immediate, critical step required upon exceeding the 90-day accumulation limit and the LQG status being triggered. While other actions like manifest usage and biennial reporting are essential LQG duties, obtaining an EPA ID number is a prerequisite for all subsequent regulated activities, including shipping waste off-site. Failure to obtain an EPA ID number when required can result in significant penalties.

The question asks about the appropriate action when a generator discovers they have accumulated hazardous waste in quantities exceeding the limits for their generator status, but before the regulatory deadline for exceeding that status. South Dakota regulations, mirroring federal RCRA (Resource Conservation and Recovery Act) principles, establish specific accumulation time limits and quantity thresholds for different generator categories. A small quantity generator (SQG), for instance, can accumulate up to 6,000 kilograms of hazardous waste for up to 180 days. If an SQG exceeds this quantity limit at any point, they are immediately considered a large quantity generator (LQG) and must comply with LQG requirements, including a 90-day accumulation limit and potentially different manifest procedures and personnel training. The discovery of exceeding the quantity threshold, even if within the time limit, triggers the change in generator status. Therefore, the generator must immediately begin operating under the stricter requirements of the higher generator category. This involves adhering to the LQG’s 90-day accumulation period from the moment the quantity threshold is surpassed, rather than continuing to operate under the SQG’s 180-day limit. The manifest system and record-keeping must also align with LQG standards. The core principle is that exceeding the quantity limit for a generator category immediately reclassifies the facility, and the more stringent time limits of the higher category apply from that point forward.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management. Under South Dakota Codified Law (SDCL) Chapter 34A-11, and its corresponding administrative rules, facilities that generate, store, treat, or dispose of hazardous waste are subject to specific requirements. A key aspect of this regulation is the manifest system, which tracks hazardous waste from its point of generation to its final disposal. The manifest is a crucial document that ensures accountability and proper management throughout the waste’s lifecycle. Generators are responsible for preparing the manifest, ensuring it accurately describes the waste, and obtaining the signature of the transporter. The transporter then carries the manifest with the waste and delivers it to the designated treatment, storage, or disposal facility (TSDF). The TSDF, in turn, must sign the manifest upon receipt of the waste and return a copy to the generator. This multi-party signature process, often referred to as “cradle-to-grave” tracking, is fundamental to the hazardous waste regulatory framework in South Dakota, as it provides a verifiable record of waste management activities. Failure to properly complete or maintain manifests can result in significant penalties. The question probes the understanding of who bears the ultimate responsibility for ensuring the manifest is properly completed and returned to the generator, which is the generator themselves, as they initiate the process and must verify its completion.

South Dakota Codified Law (SDCL) Chapter 34A-11 governs hazardous waste management. Specifically, SDCL 34A-11-4 addresses the manifest system for tracking hazardous waste from generation to final disposal. The law mandates that a hazardous waste manifest must accompany all shipments of hazardous waste. This manifest serves as a crucial tracking document, ensuring accountability throughout the transportation and disposal process. It details the generator, transporter, designated facility, and the type and quantity of hazardous waste. Failure to properly complete or maintain these manifests constitutes a violation of South Dakota’s hazardous waste regulations. The South Dakota Department of Agriculture and Natural Resources (DANR) is the primary agency responsible for the implementation and enforcement of these laws. The manifest system is a cornerstone of cradle-to-grave management, a fundamental principle in hazardous waste regulation designed to prevent improper disposal and environmental contamination. Understanding the specific requirements for manifest completion, retention, and submission is vital for any entity generating, transporting, or treating hazardous waste within South Dakota.

The scenario involves a facility in South Dakota that generates hazardous waste. Under South Dakota Codified Law (SDCL) Chapter 34A-11, and specifically the regulations promulgated thereunder, generators of hazardous waste are subject to specific requirements for waste determination and management. A generator must determine if their waste is hazardous. This determination involves consulting the definitions of hazardous waste found in SDCL 34A-11-2 and the associated administrative rules, which often mirror federal definitions under the Resource Conservation and Recovery Act (RCRA). If the waste exhibits a characteristic of hazardous waste (ignitability, corrosivity, reactivity, or toxicity) or is listed as hazardous, it must be managed accordingly. The key principle is that the generator bears the responsibility for making this initial determination. The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management. SDCL 34A-11-4 grants the department the authority to prescribe rules for the management of hazardous waste. Therefore, the facility’s obligation to accurately classify its waste is a fundamental aspect of compliance, irrespective of whether the waste is ultimately shipped off-site for treatment or managed on-site, provided such on-site management is permissible and regulated. The question tests the understanding of the generator’s primary responsibility in the waste management hierarchy, which begins with proper characterization.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management within the state, often aligning with federal Resource Conservation and Recovery Act (RCRA) regulations. A critical aspect of this oversight involves the permitting of hazardous waste treatment, storage, and disposal facilities (TSDFs). Under South Dakota Codified Law (SDCL) Chapter 34A-11 and associated administrative rules, facilities that treat, store, or dispose of hazardous waste must obtain a permit from the DANR. This permit process is designed to ensure that these operations are conducted in a manner that protects human health and the environment. The regulations detail specific requirements for permit applications, including information about the facility’s design, operation, waste streams, emergency procedures, and closure plans. The DANR reviews these applications to ensure compliance with all applicable state and federal standards. Failure to obtain a required permit or operating in violation of permit conditions can result in significant penalties, including fines and injunctive relief. The permit serves as the primary regulatory mechanism for controlling hazardous waste management activities at TSDFs in South Dakota, ensuring that all aspects of the operation are evaluated and approved by the state.

The scenario presented involves a generator of hazardous waste in South Dakota who has exceeded the 1,000 kilogram threshold for accumulation of hazardous waste on-site. According to South Dakota Codified Law (SDCL) Chapter 34A-11 and its associated administrative rules, specifically those mirroring federal Resource Conservation and Recovery Act (RCRA) regulations for large quantity generators (LQGs), a generator exceeding certain accumulation limits must adhere to stricter management standards. Upon exceeding the 1,000 kg limit for hazardous waste or the 1 kg limit for acutely hazardous waste, the generator is immediately reclassified as an LQG. This reclassification triggers a requirement to operate under a hazardous waste facility permit or a rule that authorizes operation as a treatment, storage, or disposal facility (TSDF) without a permit, or to send the waste to a permitted TSDF. The generator must also comply with all LQG requirements, including a 90-day accumulation limit from the date the waste is first generated or placed in accumulation, and the proper manifest system for off-site shipment. Therefore, the most immediate and critical action for the generator, having exceeded the accumulation limit, is to ensure all accumulated hazardous waste is shipped off-site to a permitted treatment, storage, or disposal facility within the regulatory timeframes applicable to their new LQG status. The concept of a “temporary exemption” is not a recognized provision for exceeding accumulation limits; rather, exceeding these limits mandates a change in generator status and associated compliance obligations.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management under state statutes and regulations that are largely consistent with the federal Resource Conservation and Recovery Act (RCRA). 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 its monthly generation rates. These classifications dictate specific management, record-keeping, and reporting requirements. For a generator to be classified as an SQG, it must not accumulate more than 1,000 kilograms (2,200 pounds) of hazardous waste at any time and not accumulate more than 1 kilogram (2.2 pounds) of acute hazardous waste. If a facility exceeds these thresholds at any point, it is immediately subject to the LQG requirements for that month and subsequent months until it demonstrates a return to SQG status. South Dakota Codified Law (SDCL) Chapter 34A-11 and the associated administrative rules, particularly ARSD Chapter 74:36, outline these generator categories and their respective obligations. These rules are designed to ensure that hazardous waste is managed safely and in a manner that protects public health and the environment. An LQG, for instance, must obtain an EPA identification number, comply with stringent storage time limits, use the Uniform Hazardous Waste Manifest system for all shipments, and meet specific personnel training requirements. The transition from SQG to LQG status is a critical compliance point, requiring immediate adherence to more rigorous standards.

South Dakota Codified Law (SDCL) Chapter 34A-11 governs hazardous waste management. Specifically, SDCL 34A-11-10 addresses the requirements for hazardous waste generators. This statute, along with associated administrative rules promulgated by the South Dakota Department of Agriculture and Natural Resources (DANR), dictates the responsibilities of entities that produce hazardous waste. A generator is defined by the quantity and type of hazardous waste produced. Small quantity generators (SQGs) are subject to less stringent requirements than large quantity generators (LQGs). The threshold for SQG status in South Dakota is generally producing between 100 and 1,000 kilograms of hazardous waste per month, or no more than 1 kilogram of acutely hazardous waste per month. LQGs produce more than 1,000 kilograms of hazardous waste per month or more than 1 kilogram of acutely hazardous waste per month. The question scenario involves a facility that generates 950 kilograms of hazardous waste in a calendar month and 1.5 kilograms of acutely hazardous waste in the same month. Based on these quantities, the facility exceeds the threshold for acutely hazardous waste for SQG status. Therefore, it is classified as a large quantity generator. This classification triggers more rigorous management standards, including more extensive record-keeping, emergency preparedness, and disposal requirements, as outlined in the state’s hazardous waste regulations. The distinction is crucial for compliance and avoiding penalties.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management under its program, which is authorized by the U.S. Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act (RCRA). Generators of hazardous waste are classified based on the quantity of hazardous waste they produce per month. These classifications determine the specific management standards they must adhere to. A Very Small Quantity Generator (VSQG) is defined as a generator who produces no more than 100 kilograms (approximately 220 pounds) of hazardous waste per month, or no more than 1 kilogram (approximately 2.2 pounds) of acute hazardous waste per month, and never accumulates more than 1,000 kilograms (approximately 2,200 pounds) of hazardous waste at any time. Small Quantity Generators (SQGs) produce between 100 and 1,000 kilograms of hazardous waste per month. Large Quantity Generators (LQGs) produce 1,000 kilograms or more of hazardous waste per month. The question describes a facility that generates 90 kilograms of hazardous waste and 0.5 kilograms of acute hazardous waste monthly, and never accumulates more than 500 kilograms. These quantities fall within the definition of a Very Small Quantity Generator. Therefore, the facility’s hazardous waste generator status in South Dakota is Very Small Quantity Generator.

South Dakota Codified Law (SDCL) Chapter 34A-11 governs hazardous waste management within the state. This chapter, along with associated administrative rules, establishes the framework for identifying, tracking, and managing hazardous waste from its generation to its final disposal. A key aspect of this regulation is the generator’s responsibility to properly classify their waste. Waste is considered hazardous if it exhibits a characteristic of hazardous waste (ignitability, corrosivity, reactivity, or toxicity) or if it is listed as hazardous by the Environmental Protection Agency (EPA) or the state. The scenario describes a facility in South Dakota generating a waste stream. The critical step for the generator is to determine if this waste meets the definition of hazardous waste under SDCL 34A-11 or its implementing regulations. This determination involves either testing the waste against the characteristic criteria or comparing its composition to listed hazardous wastes. If the waste is determined to be hazardous, then the generator must comply with all applicable requirements for hazardous waste generators, including obtaining an identification number, proper storage, labeling, manifesting for transportation, and ensuring disposal at a permitted treatment, storage, or disposal facility. The absence of a specific listing or characteristic determination means the waste is presumed to be non-hazardous for regulatory purposes, though prudent environmental practice might still warrant careful management. Therefore, the primary regulatory obligation hinges on the accurate classification of the waste stream according to South Dakota’s hazardous waste regulations.

South Dakota’s hazardous waste regulations, mirroring federal RCRA (Resource Conservation and Recovery Act) provisions, establish a framework for managing hazardous waste from generation to final disposal. A key aspect of this framework involves the responsibilities of hazardous waste generators. Under South Dakota Codified Law (SDCL) Chapter 34A-11 and its corresponding administrative rules, generators are classified based on the quantity of hazardous waste they produce per month. This classification dictates the specific management standards they must adhere to, including storage limits, manifest requirements, and emergency preparedness. For instance, a very small quantity generator (VSQG) has different obligations than a small quantity generator (SQG) or a large quantity generator (LQG). The determination of a generator’s status is crucial for compliance. SDCL 34A-11-10 outlines the authority of the Department of Agriculture and Natural Resources (DANR) to implement and enforce these regulations. The regulations require generators to identify if their waste is hazardous and, if so, to obtain an EPA identification number if they exceed certain generation thresholds. Storage time limits are a critical compliance point; for example, SQGs generally have 180 days to store hazardous waste without a permit, while LQGs have 90 days. Exceeding these limits without proper authorization can lead to enforcement actions. The intent of these tiered requirements is to match regulatory burden with the potential risk posed by the volume of hazardous waste generated.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management. Under South Dakota Codified Law (SDCL) Chapter 34A-11, facilities that generate, store, treat, or dispose of hazardous waste are subject to specific requirements. A key aspect of this regulation is the identification and management of hazardous waste. The definition of hazardous waste in South Dakota aligns with federal definitions under the Resource Conservation and Recovery Act (RCRA). This includes wastes exhibiting characteristics of ignitability, corrosivity, reactivity, or toxicity, as well as listed wastes. The question probes the regulatory authority of the DANR in managing hazardous waste generated by a specific type of entity within South Dakota. Facilities that are not primarily engaged in the generation or management of hazardous waste, but may incidentally produce it through specific processes, are still subject to regulation if the waste meets the definition of hazardous waste. Therefore, a small agricultural operation in South Dakota that produces a waste product meeting the criteria for hazardous waste, even if not its primary activity, would fall under the purview of the DANR for proper management and disposal. The DANR’s authority extends to all such generators within the state, irrespective of their primary business function, to ensure compliance with environmental protection standards.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management within the state, often aligning with federal Resource Conservation and Recovery Act (RCRA) regulations but with specific state-level nuances. A key aspect of this oversight involves the permitting of hazardous waste treatment, storage, and disposal facilities (TSDFs). When a facility seeks to modify its existing permit, South Dakota’s regulatory framework, as outlined in the South Dakota Codified Law (SDCL) Chapter 34A-11 and associated administrative rules, mandates a process that distinguishes between significant and minor modifications. Minor modifications are typically administrative or minor operational changes that do not alter the fundamental nature of the permitted activities or increase the potential for environmental harm. These can often be approved through a streamlined process by the DANR director. Significant modifications, conversely, involve substantial changes to the design, operation, or capacity of the facility, or changes that could have a greater impact on human health or the environment. These types of modifications generally require a more formal review, potentially including public notice and comment periods, and may necessitate a full permit reissuance process. Therefore, assessing the potential environmental impact and the degree of change from the original permit is crucial in determining the appropriate regulatory pathway for a permit modification. The question focuses on identifying the type of modification that would necessitate a more rigorous review process, implying a greater potential for environmental risk or a fundamental change in the facility’s authorized operations.

The South Dakota Department of Agriculture and Natural Resources (DANR) is responsible for overseeing hazardous waste management within the state, often aligning with federal Resource Conservation and Recovery Act (RCRA) regulations. When a facility generates hazardous waste, it must determine its status under these regulations. This involves identifying whether the waste exhibits hazardous characteristics (ignitability, corrosivity, reactivity, toxicity) or if it is a listed hazardous waste. If a waste is neither characteristic nor listed, it is considered non-hazardous. The management requirements for hazardous waste are stringent, including proper storage, labeling, manifesting for transportation, and disposal at permitted treatment, storage, and disposal facilities (TSDFs). Non-hazardous waste, while still subject to general waste management principles, does not fall under the same rigorous hazardous waste control framework. Therefore, the critical step for a generator is the accurate classification of their waste stream to ensure compliance with South Dakota’s specific environmental protection laws, which are largely based on federal standards but may include state-specific nuances in implementation or enforcement.

South Dakota Codified Law (SDCL) Chapter 34A-11 governs hazardous waste management. Specifically, SDCL 34A-11-3.1 outlines the requirements for a hazardous waste management plan. This plan must address the identification, classification, storage, transportation, treatment, and disposal of hazardous waste. Furthermore, it must include provisions for emergency preparedness and response, public participation, and the establishment of a hazardous waste advisory council. The law mandates that the plan be consistent with federal regulations promulgated under the Resource Conservation and Recovery Act (RCRA), as amended. Compliance with these provisions is crucial for any entity managing hazardous waste within South Dakota. The question tests the understanding of the core components mandated by state law for a comprehensive hazardous waste management plan, aligning with federal RCRA principles while emphasizing state-specific legal requirements. The correct option enumerates these essential elements as stipulated by SDCL 34A-11-3.1.

South Dakota’s hazardous waste regulations, mirroring federal Resource Conservation and Recovery Act (RCRA) provisions, establish a framework for managing hazardous waste from generation to final disposal. A critical aspect of this framework is the definition and management of “characteristic hazardous waste.” This category encompasses waste exhibiting specific hazardous properties, even if not explicitly listed as hazardous. The four characteristics are ignitability, corrosivity, reactivity, and toxicity. The toxicity characteristic is determined through the Toxicity Characteristic Leaching Procedure (TCLP). If a waste fails the TCLP for any of the specified contaminants at or above regulatory thresholds, it is classified as toxic hazardous waste. For instance, if a waste material from a metal plating facility in South Dakota, when subjected to the TCLP, yields a leachate concentration of 5.1 mg/L for lead, this concentration exceeds the regulatory limit of 5.0 mg/L for lead under the toxicity characteristic. Therefore, this waste would be classified as a hazardous waste due to toxicity. This classification triggers stringent management requirements, including proper storage, labeling, transportation, and disposal at permitted facilities, to protect human health and the environment. The state’s regulations are designed to ensure that such wastes do not contaminate soil, groundwater, or surface water within South Dakota.

South Dakota Codified Law (SDCL) Chapter 34A-11, the state’s primary hazardous waste management statute, establishes a framework for regulating hazardous waste from its generation to its ultimate disposal. This chapter grants the South Dakota Department of Agriculture and Natural Resources (DANR) the authority to develop and implement regulations consistent with the federal Resource Conservation and Recovery Act (RCRA). A key aspect of this regulation involves the identification and management of hazardous waste. SDCL 34A-11-1 defines hazardous waste broadly to include any solid waste that exhibits characteristics of hazardous waste or is listed by the secretary of the department. The characteristics of hazardous waste, as defined by federal RCRA and adopted by South Dakota, include ignitability, corrosivity, reactivity, and toxicity. The toxicity characteristic is determined through the Toxicity Characteristic Leaching Procedure (TCLP). If a waste exhibits any of these characteristics or is specifically listed, it falls under the purview of hazardous waste regulations. Generators of hazardous waste are subject to specific requirements based on the quantity of waste they produce, including obtaining an EPA identification number, manifesting waste shipments, record-keeping, and reporting. The state’s regulatory program aims to protect human health and the environment by ensuring that hazardous waste is managed in a manner that prevents pollution and minimizes risks. The DANR’s role is to oversee compliance with these provisions, issue permits for treatment, storage, and disposal facilities, and enforce the law.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management. Under the South Dakota Codified Law (SDCL) Chapter 34A-11, and its corresponding administrative rules, facilities that generate, store, treat, or dispose of hazardous waste must comply with specific requirements. A key aspect of this compliance involves the manifest system, which tracks hazardous waste from its point of generation to its final disposition. The manifest is a crucial document that ensures accountability and proper management throughout the transportation and disposal process. Generators are responsible for ensuring the manifest is properly completed and that the waste reaches a permitted treatment, storage, or disposal facility. If a generator does not receive a signed copy of the manifest back from the designated facility within a specified timeframe, they are obligated to investigate the whereabouts of the waste. This investigation is a critical component of cradle-to-grave management and demonstrates the generator’s continued responsibility. The timeframe for receiving the signed manifest is typically 35 days from the date the waste was accepted by the initial transporter, as per federal regulations which South Dakota often mirrors or adopts. If the signed manifest is not returned within this period, the generator must initiate an inquiry. Failure to do so can result in penalties. Therefore, the primary responsibility of the generator in this scenario is to initiate the investigation process when the manifest is not returned within the stipulated timeframe.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management. Under the South Dakota Codified Law (SDCL) Chapter 34A-11, the state adopts regulations that are often based on the federal Resource Conservation and Recovery Act (RCRA). A key aspect of hazardous waste management is the proper identification and tracking of waste streams. Generators are responsible for determining if their waste is hazardous. If a waste exhibits a characteristic of hazardous waste (ignitability, corrosivity, reactivity, or toxicity) or is listed as hazardous, it must be managed accordingly. The manifest system, mandated by both federal and state regulations, is a crucial tool for tracking hazardous waste from its point of generation to its final disposal. This system ensures accountability and provides a record of the waste’s journey. In South Dakota, specific requirements apply to the types of facilities that must use a manifest, the information that must be included on it, and the procedures for its submission and retention. For instance, any facility that transports hazardous waste off-site for treatment, storage, or disposal must use a Uniform Hazardous Waste Manifest. The manifest serves as a shipping document that accompanies hazardous waste from the generator to the transporter and then to the designated treatment, storage, and disposal facility (TSDF). The manifest is signed by the generator, transporter, and the TSDF operator, creating a chain of custody. If a manifest is not returned to the generator within a specified period, the generator must investigate the discrepancy. The question asks about the proper procedure when a generator sends hazardous waste to a TSDF in South Dakota and does not receive the signed manifest back within the required timeframe. The correct response involves initiating an inquiry to trace the shipment and determine the cause of the missing manifest. This proactive step is essential for regulatory compliance and ensuring the waste is managed appropriately.

South Dakota Codified Law (SDCL) Chapter 34A-11 governs hazardous waste management. This chapter, along with associated administrative rules, establishes the framework for identifying, managing, and disposing of hazardous waste within the state. A key aspect of this regulation is the definition of a “generator” and the specific requirements placed upon them based on the quantity of hazardous waste they produce. For a generator to be classified as a “small quantity generator” (SQG) in South Dakota, they must meet specific criteria regarding the amount of hazardous waste produced per month. While federal regulations under the Resource Conservation and Recovery Act (RCRA) provide a baseline, states can implement more stringent requirements. In South Dakota, an SQG is generally defined as a generator who produces no more than 1,000 kilograms (approximately 2,200 pounds) of hazardous waste per calendar month. Additionally, they must not generate more than 1 kilogram of acute hazardous waste per calendar month and must not accumulate more than 6,000 kilograms of hazardous waste on-site at any one time. The scenario presented involves a facility that consistently produces 950 kilograms of hazardous waste per month and 0.5 kilograms of acute hazardous waste per month, while also maintaining an on-site accumulation of 5,500 kilograms. All these figures fall within the defined thresholds for a small quantity generator in South Dakota. Therefore, the facility is classified as a small quantity generator under SDCL 34A-11.

The scenario presented involves a facility in South Dakota that generates hazardous waste. The core of the question lies in determining the correct regulatory classification for this facility based on its waste generation rate. South Dakota, like other states, bases its hazardous waste generator status on the quantity of hazardous waste generated per month. The Environmental Protection Agency (EPA) establishes three primary categories: Very Small Quantity Generator (VSQG), Small Quantity Generator (SQG), and Large Quantity Generator (LQG). These categories are defined by specific monthly generation thresholds. A VSQG generates 100 kilograms (kg) or less of hazardous waste per month, or 1 kilogram (kg) or less of acute hazardous waste per month, or never exceeds 1 metric ton (mt) of hazardous waste in any single month. An SQG generates more than 100 kg but less than 1,000 kg of hazardous waste per month. An LQG generates 1,000 kg or more of hazardous waste per month, or more than 1 kg of acute hazardous waste per month. In this case, the facility consistently generates 750 kg of hazardous waste per month, and 0.5 kg of acute hazardous waste per month. Since 750 kg is greater than 100 kg but less than 1,000 kg, and 0.5 kg of acute hazardous waste is less than or equal to 1 kg, the facility falls into the Small Quantity Generator category. This classification dictates specific requirements for storage, record-keeping, and reporting under both federal RCRA regulations and South Dakota’s adopted state program, which closely mirrors federal standards. Understanding these thresholds is crucial for compliance with South Dakota Codified Law Chapter 34A-11 and its associated administrative rules.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management under authority granted by the Resource Conservation and Recovery Act (RCRA) and state-specific regulations. Facilities generating hazardous waste are categorized based on the quantity of waste produced per month. A large quantity generator (LQG) is defined as a facility that generates 1,000 kilograms (kg) or more of hazardous waste in any single month, or more than 1 kg of acute hazardous waste in any single month. A small quantity generator (SQG) generates between 100 kg and 1,000 kg of hazardous waste per month. A conditionally exempt small quantity generator (CESQG) generates 100 kg or less of hazardous waste per month, or 1 kg or less of acute hazardous waste per month. These thresholds are critical for determining the specific management standards, reporting requirements, and inspection frequencies applicable to a facility. Understanding these distinctions is fundamental to compliant hazardous waste management in South Dakota. For instance, an LQG must comply with more stringent storage, manifest, and personnel training requirements than an SQG. The scenario describes a facility that consistently generates 1,200 kg of hazardous waste per month. This quantity clearly exceeds the 1,000 kg threshold for large quantity generators. Therefore, the facility is classified as a large quantity generator.

The South Dakota Department of Agriculture and Natural Resources (DANR) oversees hazardous waste management. Under South Dakota Codified Law (SDCL) Chapter 34A-11, facilities that generate, treat, store, or dispose of hazardous waste are subject to permitting and regulatory requirements. A key aspect of this regulation involves the definition and management of “hazardous waste” itself, which is determined by specific characteristics or listings. South Dakota regulations, mirroring federal RCRA (Resource Conservation and Recovery Act) definitions, classify wastes as hazardous if they exhibit ignitability, corrosivity, reactivity, or toxicity, or if they are specifically listed by the Environmental Protection Agency (EPA) or the state. For a waste to be considered hazardous by characteristic, it must meet or exceed defined thresholds for these properties. For example, a waste is considered ignitable if it is a liquid with a flash point below 60 degrees Celsius (140 degrees Fahrenheit), or if it is a non-liquid solid capable of causing fire through friction, absorption of moisture, or spontaneous chemical changes and burns so vigorously and persistently that it creates a hazard. Corrosivity pertains to wastes that are aqueous and have a pH less than or equal to 2 or greater than or equal to 12.5, or wastes that corrode steel at a specified rate. Reactivity concerns wastes that are unstable, react violently with water, form explosive mixtures with water, or generate toxic gases. Toxicity is typically determined through the Toxicity Characteristic Leaching Procedure (TCLP), where if the leachate from the waste contains certain contaminants at concentrations equal to or greater than regulatory levels, it is deemed toxic. Therefore, when assessing a waste stream in South Dakota, a generator must first determine if it meets any of these characteristic definitions or if it is a listed hazardous waste. If it does, it falls under the purview of hazardous waste regulations.