South Dakota Code § 34A-6-1.18

Sections not applicable
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Sections
34A-6-1.7
,
34A-6-1.9
, and
34A-6-1.17
do not apply to existing facilities or to any new facility which handles less than twenty
-
five thousand tons per annum, unless required by federal law or regulation or unless the department can affirmatively demonstrate in a specific case that groundwater contamination is actually occurring.

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