SDCL § 34A-2-43: Discharges which may not be authorized by permit.

No permit may be issued authorizing any of the following discharges:

(1) The discharge of any radiological, chemical, or biological warfare agent or high level radioactive waste;

(2) Any discharge which the secretary of the army, acting through the chief of engineers, finds would substantially impair anchorage and navigation of any waters of the United States;

(3) Any discharge to which the administrator of the Environmental Protection Agency has objected, pursuant to any right provided to the administrator under the Federal Water Pollution Control Act, as amended to January 1, 2011;

(4) Any discharge which is in conflict with an areawide waste treatment management plan, approved under the Federal Water Pollution Control Act, as amended to January 1, 2011.

Source: SL 1973, ch 280, § 9 (4); SDCL Supp, § 46-25-59; SL 2011, ch 165, § 45.