ARSD 74:52:02:01. Applicability

A person who discharges or proposes to discharge pollutants to surface waters of the state and who does not have an effective SWD permit must submit a complete, signed application for an SWD permit to the secretary. The following are exceptions to the application requirements: (1) Persons covered by general permits under § 74:52:02:46; (2) Discharges excluded under § 74:52:01:06; and (3) Users of a privately owned treatment works. When a facility or activity is owned by one person but is operated by another person, the operator must obtain the permit.