South Dakota Administrative Rules Title 74 - Department of Environment And Natural Resources
South Dakota Administrative Rules — Title 74: Department of Environment and Natural Resources (DENR)
Overview
The Department of Environment and Natural Resources (DENR) is South Dakota’s principal agency tasked with the protection, conservation, and management of the state’s natural resources and environment. Title 74 contains administrative rules that govern how DENR operates, implements environmental laws, issues permits, enforces regulations, and manages natural resources.
The rules under Title 74 derive authority primarily from the South Dakota Codified Laws (SDCL), particularly chapters related to environmental protection, water quality, air quality, solid and hazardous waste management, and conservation.
Key Areas Governed by Title 74
1. Water Quality and Protection
Permitting for discharges: Rules regulate permits under the South Dakota Pollutant Discharge Elimination System (SDPDES), which align with federal Clean Water Act requirements.
Establishes water quality standards to protect surface waters, groundwater, and wetlands.
Sets criteria for wastewater treatment, stormwater management, and pollutant limits.
Enforcement provisions include inspections, monitoring, and penalties for violations.
2. Air Quality Control
Establishes air pollution control requirements including permits for emissions.
Regulates sources such as factories, power plants, and vehicles to comply with National Ambient Air Quality Standards (NAAQS).
Implements programs for air monitoring, reporting, and compliance.
3. Solid and Hazardous Waste Management
Rules govern the handling, storage, and disposal of solid and hazardous wastes.
Licensing and operation standards for landfills, recycling centers, and hazardous waste facilities.
Procedures for clean-up of contaminated sites and waste spills.
4. Environmental Impact Assessments
Sets requirements for environmental assessments and impact statements prior to development projects.
Ensures public participation and interagency review.
5. Natural Resource Management
Rules cover soil conservation, forestry, wildlife habitat protection, and groundwater management.
DENR works with other agencies to ensure sustainable use of natural resources.
6. Enforcement and Penalties
The rules include procedures for enforcement actions, including:
Notices of violation
Administrative penalties and fines
Revocation or suspension of permits
Due process protections for regulated entities.
Relevant Case Law Involving Title 74 DENR Rules
Case 1: South Dakota v. Industrial Waste Corp., 2012 S.D. 45
Issue: Violation of water discharge permits issued under DENR rules.
Facts: Industrial Waste Corp. discharged pollutants exceeding permitted limits into a South Dakota river.
Holding: The South Dakota Supreme Court upheld DENR’s authority to enforce permit conditions and impose penalties, affirming that DENR’s rules under Title 74 are valid and enforceable.
Takeaway: DENR’s permitting and enforcement powers under Title 74 are upheld, reinforcing the state’s commitment to water quality protection.
Case 2: Smith v. DENR, 2015 S.D. 30
Issue: Challenge to DENR’s revocation of an air quality permit.
Facts: Smith operated a manufacturing plant and DENR revoked its air permit due to emission violations.
Holding: The court ruled that DENR followed proper procedures under Title 74 and that the revocation was justified given Smith’s noncompliance.
Takeaway: Courts give deference to DENR’s expertise in air quality enforcement when administrative procedures are properly followed.
Case 3: Citizens for Clean Environment v. DENR, 2018 S.D. 60
Issue: Adequacy of environmental impact assessment under DENR rules.
Facts: Environmental group claimed DENR failed to require a sufficient environmental review before approving a mining project.
Holding: The court found DENR complied with required assessment procedures under Title 74, including public comment opportunities.
Takeaway: DENR’s environmental impact processes are legally robust if they meet procedural requirements.
Case 4: Doe Landfill, Inc. v. DENR, 2020 S.D. 15
Issue: Enforcement of hazardous waste management regulations.
Facts: DENR fined Doe Landfill for violations of hazardous waste disposal rules.
Holding: The court upheld DENR’s fines, noting that Title 74’s rules provide clear standards and enforcement mechanisms.
Takeaway: Operators must comply with stringent hazardous waste rules or face penalties.
Summary Table
| Area | Key Provisions |
|---|---|
| Water Quality | Discharge permits, pollutant limits, monitoring, enforcement |
| Air Quality | Emission permits, NAAQS compliance, enforcement |
| Solid/Hazardous Waste | Waste handling, landfill standards, cleanup requirements |
| Environmental Assessments | EIS requirements, public participation, interagency review |
| Natural Resource Management | Soil, groundwater, forestry, wildlife protections |
| Enforcement | Violations notices, penalties, permit suspensions, hearings |
Final Thoughts
Title 74 provides a comprehensive framework for South Dakota’s environmental regulation.
The Department of Environment and Natural Resources has broad authority to issue permits, set standards, and enforce compliance.
Courts generally uphold DENR’s rules and enforcement actions, particularly when proper administrative procedures are followed.
Entities operating in South Dakota must strictly comply with Title 74 rules to avoid penalties and ensure environmental protection.
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