Why are hazardous waste regulations important?
In 1976, Congress passed the Resource Conservation and Recovery Act (RCRA). This Act gave EPA the authority to regulate the management of industrial wastes. The Act also required that EPA delegate the hazardous waste program to the states once the states had developed an equivalent program.
Before 1976, most industrial wastes were not regulated, and many of these wastes were buried in the ground without protective liners or other forms of ground water protection. Consequently, ground water and surface water were being contaminated across the nation. Thus, regulations were developed to protect these water sources and individuals who might come in contact with contaminated water or soils. The purpose of the Resource Conservation and Recovery Act is to ensure that all industrial wastes are minimized, handled properly, and if not reused or recycled, disposed of in a manner that does not endanger public health or the environment.
What statutes and rules apply to me if I generate hazardous waste?
The Hazardous Waste Management Act is found in South Dakota Codified Law 34A-11. The rules are found in the Administrative Rule of South Dakota 74:28, which adopts the federal hazardous waste regulations by reference. This means that South Dakota's rules cite the federal regulations and are no more stringent than the EPA hazardous waste regulations. The referenced regulations are found in 40 CFR Parts 260-279.
Do I need to notify you that I generate hazardous waste?
If you generate 220 pounds or more of hazardous waste in a calendar month, you are required to notify this department that you generate hazardous waste. A notification form is available upon request or by clicking on Notification of Regulated Waste Activity Form. Used oil is also regulated as a special waste if you transport, market, or burn it for energy recovery.
Please note if you generate as little as 2.2 pounds per month of an "acute" hazardous waste, you are considered a Large Quantity Generator of hazardous waste. As a Large Quantity Generator, you must notify the department of hazardous waste generation and you must submit Biennial Hazardous Waste Reports.
How does the notification process work?
Once you have filled out the information on the Notification of Regulated Waste Activity Form, send it to the department for processing. Notification may also be submitted electronically using the myRCRAid system at:
You will receive a notice with your identification number in two to three weeks. This identification number is required to ship wastes to a permitted hazardous waste facility, or to transport, market, or burn used oil.
Does my business have to submit a Biennial Report Form?
A business is required by federal and state rules to submit a hazardous waste biennial report if the business is considered a large quantity generator. A biennial report must also be submitted if the company is permitted to treat, store, or dispose of hazardous waste. See more information pertaining to Biennial Hazardous Waste Reports.