ARSD 74:52:03:21. Permit duration

The effective duration of a permit shall be established as follows: (1) Permits shall be effective for a fixed term not to exceed five years; (2) Except as provided in § 74:52:01:12, the term of the permit may not be extended by modification beyond the five-year maximum; (3) A permit may be issued to expire on or after the deadline set in § 301(b)(2)(A), (C), and (E) of the CWA if the permit includes effluent limits to meet the requirements of § 301(b)(2)(A), (C), (D), (E), and (F) of the CWA, whether or not applicable effluent limitations guidelines have been promulgated or approved; or (4) A determination that a particular discharger falls within a given industry category for purposes of setting a permit expiration date under subdivision (3) of this section is not conclusive as to the discharger's inclusion in that industrial category for any other purposes and does not prejudice any rights to challenge or change that inclusion at the time that a permit based on that determination is formulated.