ARSD 74:51:01:02.01. Beneficial use analysis required

Before renewing an existing or issuing a new individual surface water discharge permit under article 74:52, the secretary shall conduct an analysis of the water body that receives, or is proposed to receive, the discharge. This analysis is required for those water bodies that only have the fishery beneficial use classification of fish and wildlife propagation, recreation, and stock watering waters. Upon completion of the analysis, the secretary shall determine whether the water body deserves a higher classification as listed in §§ 74:51:01:45 through 74:51:01:51, inclusive, based on the attainable use or uses identified during the analysis. If the secretary determines that a higher classification is warranted, the secretary shall include water quality-based limits in the renewed or new permit that are necessary to protect the attainable beneficial use as determined by the analysis. A review is required for any affected surface water discharge permit issued after March 31, 1999.