ARSD 74:12:04:13. Open burning as remediation alternative

The secretary may approve open burning as a remediation alternative for soils contaminated by crude oil. If open burning is to be used, the operator must submit a written proposal to the secretary for approval. The proposal must include the following: (1) Procedures for the proposed burning activities detailing the criteria to be used to determine when open burning will be used and what is to be burned; (2) A description of the surrounding area, including residences, public facilities, animal grazing areas, or other potential receptors; (3) Approval from the surface owner or lessee; and (4) A comparison of the cost of the proposed open burning activities with the cost of alternative disposal options, including documentation of alternative disposal costs.