South Dakota Code — 34A
Browse 643 sections in division 34A of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 34A-1-1. Policy of state--Purpose of chapter.
- § 34A-1-2. Definition of terms.
- § 34A-1-4. Technical and operational services secured by secretary.
- § 34A-1-5. Administration of chapter--Board functions--Enforcement as to radioactive substances.
- § 34A-1-6. Promulgation of rules--Purpose--Violation.
- § 34A-1-9. Studies, investigations and educational activities of department.
- § 34A-1-10. Cooperation by department with other agencies, persons, and groups.
- § 34A-1-11. Classification of air contaminant sources--Reporting requirements.
- § 34A-1-12. Records and reports required on air contaminant sources--Monitoring and sampling methods--Other information--Violation.
- § 34A-1-13. Access to records relating to air pollution emissions.
- § 34A-1-14. Records and information available to public--Exception to protect trade secrets--Authorized use--Violation as misdemeanor.
- § 34A-1-15. Establishment of ambient air quality standards--Violation.
- § 34A-1-16. Specification of fuels permitted in state--Violation.
- § 34A-1-17. Contamination within plant excluded from jurisdiction.
- § 34A-1-18. Emission control and open burning requirements--Local control--Nonconformance as violation.
- § 34A-1-19. Emission control methods and devices required--Permission to use alternative methods--Violation.
- § 34A-1-20. Maintenance of motor vehicle emission control devices--Violation.
- § 34A-1-21. Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without a permit or in violation of permit conditions as misdemeanors.
- § 34A-1-22. Prevention of stationary pollution sources not in compliance.
- § 34A-1-23. Particular manufacturer not to be favored by requirements.
- § 34A-1-36. Municipal and county programs approved by board--Application to state facilities.
- § 34A-1-37. Municipal and county cooperation with other agencies.
- § 34A-1-38. Control of air contaminant sources beyond capability of local authority.
- § 34A-1-39. Civil action for violation--Penalty.
- § 34A-1-40. Investigations on board's own initiative--Petition by local board or electors.
- § 34A-1-41. Entry for inspection to determine compliance--Refusal of access prohibited.
- § 34A-1-42. Report of inspection furnished to owner or operator.
- § 34A-1-43. Hearings by board--Procedural powers.
- § 34A-1-44. Issuance and enforcement of orders.
- § 34A-1-45. Emergency order for immediate reduction or discontinuance of emissions.
- § 34A-1-46. Hearing requested on emergency order--Action by board.
- § 34A-1-47. Notice of violation--Order for corrective action--Civil penalty.
- § 34A-1-48. Hearing requested on order for corrective action--Time allowed.
- § 34A-1-49. Contested case proceeding in lieu of order--Consent agreement.
- § 34A-1-50. Board orders after hearing.
- § 34A-1-51. Time allowed for corrective action in board order.
- § 34A-1-52. Enforcement remedies not barred by actions for penalties.
- § 34A-1-53. Voluntary compliance effort not precluded.
- § 34A-1-54. Private remedies unimpaired.
- § 34A-1-56. General permits for categories of air pollution sources--Terms and conditions--Modification, suspension or revocation--Violation.
- § 34A-1-57. State administration of air pollution control program--Imposition of fees.
- § 34A-1-58. Annual fee--Calculation--Annual adjustment of fee--Use of proceeds--Existing sources of pollution--Written notice from department.
- § 34A-1-58.1. Ethanol production plants--Application and annual fees.
- § 34A-1-59. Establishment of air quality subfund--Source of subfund--Administration--Expenditures--Unexpended funds.
- § 34A-1-60. Owner or operator to pay annual fee--Date due.
- § 34A-1-61. Permit revocation, modification, or suspension--Fees.
- § 34A-1-62. Additional penalty for knowingly violating provisions of this chapter.
- § 34A-1-63. Definitions pertaining to clean air act settlement fund .
- § 34A-1-64. Clean air act settlement fund created .
- § 34A-2-1. Legislative findings and policy.
- § 34A-2-2. Definition of terms.
- § 34A-2-6. Planning consistent with federal requirements--Maximum daily loads.
- § 34A-2-10. Classification of waters.
- § 34A-2-11. Water quality standards--Factors considered--Objectives--Violation.
- § 34A-2-11.1. Presumption favoring existing quality standards.
- § 34A-2-12. Regulation of public water supplies--Violation.
- § 34A-2-13. Effluent standards--Minimum requirements--Violation.
- § 34A-2-14. Pretreatment standards for industrial users of inadequate public treatment works--Violation.
- § 34A-2-15. Violation of pretreatment standards for industrial user--Implementation of Federal Water Pollution Control Act.
- § 34A-2-16. Enforcement of pretreatment standards for industrial users.
- § 34A-2-17. Periodic review of classification and standards.
- § 34A-2-18. Procedure for establishment of classification, standards or rules.
- § 34A-2-20. Establishment of waste treatment requirements.
- § 34A-2-21. Causing pollution of waters prohibited--Placement of wastes--Violation.
- § 34A-2-22. Reduction of existing water quality by discharge of waste prohibited--Violation as nuisance.
- § 34A-2-24. Discharge of wastes allowed when economic or social necessity found--Exception.
- § 34A-2-25. Technology considered in determining economic justification for waste.
- § 34A-2-26. Biennial review of decisions to allow discharge waste.
- § 34A-2-27. Construction permits required for activities discharging wastes into water--Violation.
- § 34A-2-28. Rules for permits to discharge wastes--Plans and specifications for disposal systems--Violation.
- § 34A-2-29. Plans, specifications, and information required by secretary.
- § 34A-2-30. Rules regarding permit procedure.
- § 34A-2-31. Issuance, revocation, or denial of permits to discharge waste.
- § 34A-2-32. Examination and approval or disapproval of plans for discharge of waste--Changes in plans.
- § 34A-2-33. Certification of compliance with federal pollution control requirements.
- § 34A-2-34. Rules for grant or denial of certification--Procedural requirements of rules.
- § 34A-2-35. Public hearing on permit to discharge waste--Notice--Uncontested recommendation.
- § 34A-2-36. Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation.
- § 34A-2-36.1. Permit to discharge waste into underground waters--Issuance--Maximum duration--Standards to be met--Violation.
- § 34A-2-36.2. Concentrated animal feeding operation--Permit.
- § 34A-2-36.3. Permit required for large operations.
- § 34A-2-37. Effluent limitations enforced in issuance of permits.
- § 34A-2-38. Limitations on volume and strength of waste discharged under permit--Specification of limitations and conditions.
- § 34A-2-39. Schedules of compliance in permits for discharge.
- § 34A-2-39.1. Extension of time to meet quality and effluent standards.
- § 34A-2-40. Recording, reporting and inspection conditions in permit to discharge.
- § 34A-2-41. Conditions in permits issued for publicly owned treatment works.
- § 34A-2-42. Changes to be reported under permit for publicly owned treatment works.
- § 34A-2-43. Discharges which may not be authorized by permit.
- § 34A-2-44. Records, monitoring and reporting required on pollution sources.
- § 34A-2-45. Inspection powers with respect to pollution sources.
- § 34A-2-46. Right of entry on premises where pollution produced.
- § 34A-2-48. Orders to clean up material spilled--Violation.
- § 34A-2-49. Grounds for revocation, suspension, or modification of permit.
- § 34A-2-50. Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision by secretary.
- § 34A-2-51. Effective date of revocation, suspension, or modification of permit.
- § 34A-2-52. Procedural requirements in dealing with violations.
- § 34A-2-53. Notice to correct violations--Contents--Civil penalty.
- § 34A-2-54. Hearing on violation--Notice.
- § 34A-2-55. Time of hearing on violation--Respondent's request for change of time.
- § 34A-2-56. Respondent's request for hearing on violation--Time of filing--Time of hearing.
- § 34A-2-57. Procedure in hearing on violation--Venue.
- § 34A-2-58. Parties permitted to appear and present evidence at hearing on violation.
- § 34A-2-59. Record of hearing on violation.
- § 34A-2-60. Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation.
- § 34A-2-64. Order not stayed by appeal--Findings required to grant stay.
- § 34A-2-65. Judicial enforcement of order pending appeal.
- § 34A-2-66. Legal representation of board in appeal.
- § 34A-2-67. Appeal bond not required of state or board.
- § 34A-2-68. Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.
- § 34A-2-69. Notice of emergency order.
- § 34A-2-70. Hearing on emergency order--Time and procedure for hearing.
- § 34A-2-71.1. Investigation of discharge polluting state waters--Responsible person.
- § 34A-2-72. Action in circuit court for immediate restraint of pollution.
- § 34A-2-73. Action by department to enjoin violations--Temporary injunction and restraining order.
- § 34A-2-74. Initiation of action to recover penalties.
- § 34A-2-75. Violations classified as misdemeanor--Criminal and civil penalties.
- § 34A-2-77. False representation or tampering with monitoring device prohibited--Violation.
- § 34A-2-78. Alternative remedies not barred by invoking penalties.
- § 34A-2-79. Remedies under chapter alternative to remedies under other law.
- § 34A-2-82. Acceptance of grants for water pollution control.
- § 34A-2-93. Promulgation of rules by board.
- § 34A-2-94. Public availability of records and information obtained under chapter--Trade secrets exception.
- § 34A-2-96. Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation.
- § 34A-2-97. Petroleum substances discharged into state waters--Notice to secretary required--Restriction on use of information in criminal proceeding--Violation.
- § 34A-2-98. Underground storage tanks--Definitions.
- § 34A-2-99. Underground storage tanks--Promulgation of rules--Violation.
- § 34A-2-100. Above ground stationary storage tank defined.
- § 34A-2-101. Promulgation of rules--Public health and water protection--Violation.
- § 34A-2-102. Installation of above ground stationary storage tank for storage of regulated substances prohibited--Exceptions--Violation.
- § 34A-2-103. Statement of groundwater protection strategy--Coordination of activities.
- § 34A-2-104. Legislative findings--Declaration of public policy.
- § 34A-2-105. Conditions requiring submission of preventative action plan--Contents--Violation.
- § 34A-2-106. Development and administration of certain ongoing programs--Review and revision by secretary.
- § 34A-2-107. Standards used in prioritizing groundwater prevention efforts--Other factors for consideration.
- § 34A-2-108. Repealed
- § 34A-2-109. Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution.
- § 34A-2-111. Complaint required to be signed.
- § 34A-2-112. General permit for category of water pollution control--Secretary issued--Terms and conditions--Suspension, revocation or modification--Violation.
- § 34A-2-113. Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation.
- § 34A-2-114. Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee.
- § 34A-2-115. Sewage sludge, toxic pollutants, and significant industrial user defined.
- § 34A-2-116. Development of pretreatment programs for publicly owned treatment works--Assumption of local responsibilities by secretary on request.
- § 34A-2-117. Annual fee on facilities permitted under the national pollutant discharge elimination system.
- § 34A-2-118. Publicly-owned treatment works fee schedule.
- § 34A-2-119. Industrial and governmental treatment works fee schedule.
- § 34A-2-119.1. Annual stormwater fees on construction and industrial sites.
- § 34A-2-120. Fee schedule for other entities.
- § 34A-2-121. Establishment of surface water discharge and pretreatment administrative subfund--Source of funds--Administration--Expenditures--Unexpended funds.
- § 34A-2-122. Owner or operator of surface water discharge or pretreatment system to pay annual fees--Application fee--Dates due.
- § 34A-2-123. Promulgation of rules on disposal of sewage sludge.
- § 34A-2-124. General permit for category of water pollution control--Effective period--Modification, suspension, or revocation--Violation.
- § 34A-2-125. Repealed.
- § 34A-2-125.1. Concentrated animal feeding operation--Operation with water pollution control permit--Nutrient management plan--Annual fee.
- § 34A-2-125.2. Permitted livestock auction or other operations--Annual fee--Billing, payment deadlines for fees.
- § 34A-2-125.3. Concentrated animal feeding operation administrative subfund--Source of moneys--Administration--Appropriation.
- § 34A-2-125.4. Water pollution control permit--Application fee for submissions--Exclusion--Deposit.
- § 34A-2-126. Administrative rules on underground injection control Class III wells and in situ leach mining tolled.
- § 34A-2A-1. Definition of terms.
- § 34A-2A-2. Use of irrigation system for chemigation--Compliance with standards and requirements--Penalties for violation.
- § 34A-2A-3. Promulgation of rules regarding standards and requirements.
- § 34A-2A-4. Entry by chief engineer to determine compliance.
- § 34A-2B-1. Definitions.
- § 34A-2B-2. Environmental livestock cleanup fund--Sources of funding.
- § 34A-2B-3. Expenditure of funds by secretary.
- § 34A-2B-4. Disbursement of funds.
- § 34A-2B-5. Reimbursement for corrective actions.
- § 34A-2B-6. Compliance with conditions of permits--Discharge.
- § 34A-2B-7. Violation--Corrective action.
- § 34A-2B-8. Judicial remedies.
- § 34A-2B-9. Violator's liability for expenses.
- § 34A-2B-10. Lien on property--Notice--Priority of lien--Exceptions.
- § 34A-2B-11. Other remedies.
- § 34A-3-1. Definition of terms.
- § 34A-3-2. Classification of plants and systems according to skill required.
- § 34A-3-3. Certification of qualifications to supervise plants and systems.
- § 34A-3-4. Plants and systems for which certified operators required.
- § 34A-3-4.1. Operator certification to comply with federal Safe Drinking Water Act.
- § 34A-3-5. Board of Certification created--Functions--Composition of board.
- § 34A-3-7. Terms of office of appointive members of board.
- § 34A-3-8. Vacancy in appointive membership--Termination of membership.
- § 34A-3-9. Chairman and officers of board--Secretary.
- § 34A-3-11. Duties of secretary.
- § 34A-3-12. Functions performed by Department of Agriculture and Natural Resources and Board of Water Management.
- § 34A-3-13. Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor.
- § 34A-3-14. Application for certification--Proof of fitness.
- § 34A-3-15. Examination and certification of applicants.
- § 34A-3-18. Certifications--Expiration--Renewal.
- § 34A-3-19. Certifications--Fees--Deposit and use of funds.
- § 34A-3-20. Agreements for reciprocal certification.
- § 34A-3-21. Suspension or revocation of certificate for violations.
- § 34A-3-22. Procedure for suspension or revocation.
- § 34A-3-23. New certificate after suspension or revocation--Judicial review.
- § 34A-3-24. Rules promulgated by secretary--Contents.
- § 34A-3-26. Civil fine for supervision of water treatment plant by uncertified operator.
- § 34A-3A-1. Public policy.
- § 34A-3A-2. Definitions.
- § 34A-3A-3. Promulgation of rules establishing standards and compliance procedures--Violation.
- § 34A-3A-4. Enforcement powers of secretary.
- § 34A-3A-5. Variances of standards--Grounds for authorizing.
- § 34A-3A-6. Exemption of public water supply systems--Requirements.
- § 34A-3A-7. Action for variance or exemption--Notice--Hearing.
- § 34A-3A-12. Notice of variance, exemption, or violation of compliance schedule.
- § 34A-3A-13. Notice by secretary on failure of supplier.
- § 34A-3A-14. Application to public water systems.
- § 34A-3A-15. Injunctive and declaratory relief.
- § 34A-3A-16. Approval and certification of laboratory facilities and personnel.
- § 34A-3A-17. Prevention of pollution of water supply systems--Development of voluntary wellhead protection program--Specifications.
- § 34A-3A-18. Water quality sample collected upon completion of well--Submission to department--Time period--Minimum analyzation requirements.
- § 34A-3A-19. State administration of the public water system supervision program--Fee.
- § 34A-3A-20. Annual fee schedule for public water systems.
- § 34A-3A-22. Establishment of the drinking water administrative subfund--Source of subfund--Administration--Expenditures--Unexpended funds.
- § 34A-3A-23. Owner or operator to pay fee imposed on public drinking water system--Date due.
- § 34A-3A-24. Certain animal feeding operations prohibited from locating over shallow aquifer.
- § 34A-3A-25. Promulgation of rules to carry out requirements of Federal Safe Drinking Water Act--Violation.
- § 34A-3A-26. Penalties for violation of chapter--Factors considered in determining penalty--Disposition of funds collected.
- § 34A-3A-27. Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing on order.
- § 34A-3A-28. Administrative penalty for violation of chapter.
- § 34A-5-1. Areas subject to incorporation as districts.
- § 34A-5-2. Minimum population of district.
- § 34A-5-3. Map of proposed district.
- § 34A-5-5. Survey, map, and census made available for public examination.
- § 34A-5-6. Application for incorporation of district--Number of signatures required--Filing.
- § 34A-5-7. Commissioners' order to incorporate district upon assent of electors--Name of district.
- § 34A-5-11. Ballot form on question of incorporation--Majority required for approval.
- § 34A-5-12. Canvass and return of election results--Order of county commissioners declaring incorporation.
- § 34A-5-13. Expenditure of county funds for preliminary and election expenses--State funds.
- § 34A-5-14. District as governmental subdivision and public body.
- § 34A-5-14.1. Districts to be governed by board of trustees--Number of members.
- § 34A-5-16. Number and terms of office of district trustees--Inspectors' certificate as to persons elected.
- § 34A-5-17. Election on increase in number of trustees.
- § 34A-5-18. Notice of election--Separate ballots.
- § 34A-5-19. Election of additional trustees if increase approved--Terms of office--Certification.
- § 34A-5-20. Annual election of district officers.
- § 34A-5-21. Nomination petitions for district trustee.
- § 34A-5-21.1. Vacancies on board of trustees.
- § 34A-5-21.2. Residency of district trustees.
- § 34A-5-21.3. Published notice of vacancies--Content--Timeliness.
- § 34A-5-22. Organization of board of trustees--President--Meetings.
- § 34A-5-23. Expense reimbursement and compensation of trustees.
- § 34A-5-24. Policies and regulations for business of board--Time of meetings--Quorum.
- § 34A-5-25. Office of sanitary district--Record of proceedings.
- § 34A-5-26. General powers of trustees.
- § 34A-5-27. Employment of personnel for district--Professional assistance.
- § 34A-5-28. Trustees and employees not to be interested in district transactions.
- § 34A-5-28.1. Trustee permitted to contract with district under certain conditions.
- § 34A-5-29. Ordinances, resolutions, orders and regulations for district.
- § 34A-5-29.1. Adoption by reference of ordinances of contracting municipality.
- § 34A-5-29.2. Notice requirement for passage of new ordinance or resolution.
- § 34A-5-30. Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain.
- § 34A-5-31. Proceedings governed by municipal laws--Eminent domain proceedings.
- § 34A-5-32. Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation.
- § 34A-5-33. Sale of surplus real property held by sanitary district--Conduct of sale--Employment of agents--Offer to prior owner.
- § 34A-5-34. Contracts with municipalities for sewage treatment and disposal.
- § 34A-5-35. Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems.
- § 34A-5-36. Rates and charges for sanitary services--Measures for protection of bondholders.
- § 34A-5-37. Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds.
- § 34A-5-38. Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.
- § 34A-5-39. Sanitary districts not subject to certain municipal sewer system requirements.
- § 34A-5-40. Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales.
- § 34A-5-41. Election on acquisition and operation of water system--Board powers on approval.
- § 34A-5-42. Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.
- § 34A-5-43. Hearing and resolution to annex or exclude territory--County commissioners' approval required.
- § 34A-5-44. Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.
- § 34A-5-45. Recording of map and resolution after annexation or exclusion of territory.
- § 34A-5-46. Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.
- § 34A-5-47. Election on formation of consolidated district--Form of ballot.
- § 34A-5-48. Resolutions after approval of consolidated district by voters--Filing of proceedings.
- § 34A-5-49. Property not acquired nor debts assumed by incorporation of consolidated district.
- § 34A-5-50. Board of trustees for consolidated district.
- § 34A-5-51. Contracts of consolidated district for purchase or use of sanitary facilities.
- § 34A-5-52. Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.
- § 34A-5-53. Dissolution of district on voters' petition.
- § 34A-5-54. Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.
- § 34A-5-54.1. Assumption of bonded indebtedness of district by municipality--Election.
- § 34A-5-56. Certified copy of budget to county auditors and secretary of revenue.
- § 34A-6-1.1. Legislative findings.
- § 34A-6-1.2. Solid waste management policy established.
- § 34A-6-1.3. Definition of terms.
- § 34A-6-1.4. Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation.
- § 34A-6-1.6. Promulgation of rules--Factors for consideration--Scope--Open burning.
- § 34A-6-1.7. Groundwater monitoring system required--Exception.
- § 34A-6-1.8. Areas addressed in application--Exception.
- § 34A-6-1.9. Perpetual responsibility for solid waste and liability for pollution.
- § 34A-6-1.10. Responsibility and liability of owner or operator.
- § 34A-6-1.11. Financial assurance instrument--Condition for permit.
- § 34A-6-1.12. Maintenance of closure and post-closure accounts--Requirements.
- § 34A-6-1.13. Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.
- § 34A-6-1.14. Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.
- § 34A-6-1.15. Amendment of permit--Procedure--Grounds.
- § 34A-6-1.16. Initial validity period of permits--Renewal--Assessment of fees.
- § 34A-6-1.17. Additional fee imposed upon disposal of certain solid waste.
- § 34A-6-1.18. Sections not applicable.
- § 34A-6-1.19. Requirements relating to board's inability to inspect out-of-state solid waste at point of origin--Maintenance and filing of certain records.
- § 34A-6-1.20. Periodic inspections--On-site investigations.
- § 34A-6-1.21. Suspension or revocation of permit--Grounds--Notice and hearing.
- § 34A-6-1.22. Notice of violation--Contents.
- § 34A-6-1.23. Secretary may require appearance for public hearing--Alternative procedures.
- § 34A-6-1.24. Decision by board--Scope and content of order.
- § 34A-6-1.25. Effect of appeal upon order.