ARSD 74:51:01:55. Criteria for toxic pollutants

Toxic pollutants at levels which are or may become injurious to public health, safety, or welfare; plant, aquatic, and animal life; or the existing or designated uses of waters may not be present in the surface waters of the state. The toxic pollutants to which this section applies are the priority pollutants and chemicals in 40 C.F.R. Part 131 (July 1, 2020) and any other toxic pollutants or substances that produce nuisance aquatic life in concentrations that impair an existing or designated use or create a human health problem as prohibited in § 74:51:01:09, or that will adversely impact the structure and function of indigenous or intentionally introduced aquatic communities as prohibited in § 74:51:01:12. Appendix B at the end of this chapter lists the priority pollutants and chemicals for which specific numerical criteria have been adopted by the board. The levels of toxic pollutants allowed in surface waters shall be determined by the secretary in accordance with the chronic/acute criteria levels specified for human health and aquatic life in the National Recommended Water Quality Criteria and as translated in Appendix B. The secretary shall use a one-in-a-million (10-6) risk level when determining applicable human health criteria. Upon written request, the board may determine allowable levels of toxic pollutants in surface waters of the state in accordance with §§ 74:51:01:23 or 74:51:01:24, after opportunity for public review and comment. If a numerical criterion has been established for a toxic pollutant in §§ 74:51:01:31, 74:51:01:32, and 74:51:01:44 through 74:51:01:54, inclusive, and in § 74:51:01:56, the provisions of this section do not apply to that substance. Toxic pollutants identified in and allowed by §§ 74:51:01:58 and 74:51:01:59 for water resource enhancement or restoration projects are exempt from the provisions of this section.