Attachment 1 
1-11-4. Assistant attorneys general··Appointment and .. ., SD ST§ 1-11-4 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Annos) 

Chapter 1-!L Attorney General (Refs & Annos) 

SDCL § 1-11-4 

i-11-4. Assistant attorneys general--Appointment and compensation--Powers--Oath 

Currentness 

The attorney general may appoint such assistant attorneys general as may be necessary for efficient perfom1ance 

of his duties and n1ay fix their compensation but no expenditure for any such purposes in excess of the an1ounts 

appropriated by the Legislature is authorized. The appointments of such assistants shall be in writing and filed 

in the Office of the Secretary of State. 

Such assistant attorney general shall have the sa111e power and authority as the attorney general, and he shall, 

before entering upon the duties of his office, take and subscribe the official oath prescribed by the Constitution. 

Credits 

Source: SDC 1939, § 55.1502; SL 1963, ch 305. 

© 2014 by the State of South Dakota 

SDCL§ 1-11-4,SDST§ 1-11-4 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 
Attachment 2 

Exhibit A 
J]ntitled Page Page 1 of9 

CHAPTER 34A-1 l 

HAZARDOUS WASTE MANAGEMENT 

34A-l l-I Public policy. 

34A-11-I. I Repealed. 

34A-1 l-2 Definitions. 

34A-l l-3 Department designated as state agency under federal law. 

34A-1 l-4 Functions of department and board. 

34A-l l-4. l Executed. 

34/\-11-5 Cooperation with other agencies and groups. 

34A-l 1-6 Acceptance ofloans and grants. 

34A-l l-7 Employment of personnel. 

34A-l l-8 Rules identifying characteristics and listing hazardous wastes. 

34A-l 1-9 Promulgation of rules governing hazardous wastes--Civil penalty for violation. 

34A-11-9.I to 34A-11-9.3. Transferred. 

34A-l 1-10 Notification of hazardous waste activity required--Civil penalty for violation. 

34A-1 l -l 1 Complaint alleging violation--Investigation--Report--Enforcement action. 

34A-l 1-12 Facility permits required--Issuance, modification, revocation, suspension, or denial--

Term--Civil penalty for violation. 

34A-11-1? .1 Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs 

and fees. 

34A-1 l-13 Application for permits--Rules--Hearings. 

34A-l 1-l4 Tenns and conditions ofpermits--Civil penalty for violation. 

34/\-11-15 Revocation, modification, or suspension of permit--Grounds. 

34A-1 l-16 Inspection of facilities and records--Monitoring equipment--Reports. 

34A-11-16.1 Annual fee for inspection and monit01ing. 

34A-11-17 Notice and order for correction of violation. 

34A-l 1-l 8 Hearing on violation--Time for request--Notice--Action by board. 

34A-1 1-19 Circuit court action against violator--Injunction. 

34A-11-20 Repealed. 

34A-11-2 l Violations classified as felonies. 

34/\-11-22 Public access to information--Confidential information excepted--Disclosure of protected 

information as misdemeanor. 

34A-1 l-23 Other rights to abate nuisances and pollution unaffected. 

34A-11-24 Hazardous waste revolving fund--Administration--Use of funds. 

34A- l l-25 Disposal fee levied by state--Records. 

34A-l 1-?6 County or municipal disposal fee--Distribution of fee shares. 

34A-1 l-1. Public policy. It is the public policy of this state to regulate the control and generation, 

transportation, treatment, storage, and disposal of hazardous wastes to protect the public health, safety, 

and welfare, protect the environment, prevent pollution of air, water, soil, and other natural resources of 

this state, and prevent the creation of nuisances. It is the purpose of this chapter to enhance this public 

policy through a comprehensive regulatory program of hazardous waste management and to facilitate 

cooperation and coordination in that effort with federal, state, and local agencies. 

Source: SL 1983, ch 262, § I; SL 1984, ch 243, § 8; SL 1987, ch 260, § 1. 

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34A-l l-l.l. Repealed by SL 2012, ch 215, § 32. 

34A-l 1-2. Definitions. Terms as used in this chapter mean: 

( 1) "Board," the Board of Minerals and Environment; 

(2) "Department," the Department of Environment and Natural Resources; 

(3) "Disposal," the discharge, deposit, injection, dumping, spilling, leaking, or placing of any 

hazardous waste into or on any land, air, or water so that such hazardous waste or any constituent 

thereof may enter the environment, or be emitted into air, or discharged into any waters, including 

groundwaters; 

(4) "Hazardous waste," a solid waste and combination of solid wastes, as defined in 

subdivision 34A-6-1.3( 17), which because of its quantity, concentration, or physical, chemical, or 

infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase 

in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential 

hazard to hnman health or the environment when improperly treated, stored, transported, or disposed of, 

or otherwise managed but does not include radioactive materials regulated pursuant to chapter 34-2 I; 

(5) "Hazardous waste management," the systematic control of the collection, source 

separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste; 

( 6) "Hazardous waste management facility," any facility for the collection, source separation, 

storage, transportation, transfer, processing, treatment, recovery, or disposal of hazardous wastes, 

whether such facility is associated with facilities generating such wastes or otherwise; 

(7) "Manifest," the form used for identifying the quantity, composition, and the origin, 

routing, and destination of hazardous waste during its transportation from the point of generation to the 

point of disposal, treatment, or storage; 

(8) "Person," any individual, paiinership, limited liability company, firm, association, 

municipality, public or private corporation, subdivision, or agency of the state or the United States 

government, trust, estate, interstate body, or any other legal entity; 

(9) "Secretary," secretary of the Department of Environment and Natural Resources; 

(10) "Storage," the containment of hazardous waste, either on a temporary basis or for a 

period of years, in such a marmer as not to constitute disposal of such hazardous waste; 

(11) "Treatment," any method, technique, or process, including neutralization, designed to 

change the physical, chemical, or biological character or composition of any hazardous waste so as to 

render such waste less hazardous or nonhazardous, safer for transport, amenable for recovery, amenable 

for storage, or reduced in volume. Such term includes any activity or processing designed to change the 

physical form or chemical composition of hazardous waste so as to render it less hazardous or 

nonhazardous. 

Source: SL 1983, ch 262, § 2; SL 1984, ch 243, § 9; SL 1987, ch 29, § 21; SL 1989, ch. 306, §§ 1, 4; SL 

1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 71. 

34A-1 l-3. Department designated as state agency under federal law. The Department of 

Environment and Natural Resources is designated as the agency for all state purposes of the Federal 

Resource Conservation Recovery Act as amended to Jannary 1, 20 I 1, and the Hazardous and Solid 

Waste Amendments of 1984 (Public Law 98-6 I 6), as amended to January 1, 2011. 

Source: SL 1983, ch 262, § 3; SL 1986, ch 295, § 31; SL 2011, ch 165, § 145. 

34A-l l-4. Functions of department and board. The Department of Environment and Natural 

Resources shall perform all the functions of the former public health advisory committee, the former 

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state health officer, and the Department of Health with respect to the control of hazardous waste 

management pursuant to this chapter. However, the Board of Minerals and Environment shall perform 

any quasi-legislative, quasi-judicial, advisory, and special budgetary functions. 

Source: SL 1983, ch 262, § 4. 

34A-ll-4.l. Executed. 

34A-l l-5. Cooperation with other agencies and groups. The Department of Environment and 

Natural Resources may advise, consult, and cooperate with other agencies of the state, other states, the 

federal government, and affected groups and industries in the formulation of plans for, and 

implementation of, hazardous waste management. 

Source: SL 1983, ch 262, § 5. 

34A-l 1-6. Acceptance of loans and grants. The Department of Environment and Natural Resources 

may accept and administer any loans and grants from the federal government or other sources which are 

made available to the Department for Hazardous Waste Management. 

Source: SL 1983, ch 262, § 6. 

34A-11-7. Employment of personnel. In accordance with the laws of the state, the Department of 

Environment and Natural Resources may employ, compensate, and prescribe the powers and duties of 

those persons necessary to execute the provisions of this chapter. 

Source: SL 1983, ch 262, § 7. 

34A-11-8. Rules identifying characteristics and listing hazardous wastes. The Board of Minerals 

and Environment may promulgate rules, pursuant to chapter 1-26, which identify the characteristics of 

hazardous wastes considering the toxicity, persistence, degradability in nature, potential for 

accumulation in tissue, flammability, corrosiveness, reactivity, and related factors. The board shall 

compile a list of wastes it considers hazardous and may revise that list from time to time. 

Source: SL 1983, ch 262, § 8; SL 1984, ch 243, § 10. 

34A-l 1-9. Promulgation of rules governing hazardous wastes--Civil penalty for violation. The 

Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26, governing the 

generation, transportation, treatment, storage, and disposal of hazardous wastes necessary to execute the 

provisions of this chapter. The rules may include ownership, location, design, construction, operation, 

and maintenance of hazardous waste management facilities, financial responsibility, personnel training, 

record keeping, reporting, labeling, monitoring, container use, inspections, closure, post-closure 

procedures and requirements, contingency planning, enforcement, and use of a manifest system to assure 

all hazardous wastes are designated for treatment, storage, or disposal at a permitted hazardous waste 

management facility. The board may promulgate rules pursuant to chapter 1-26 that are consistent with 

the Hazardous Materials Transportation Act (88 Stat. 2156; 49 U.S.C. § 1801 et seq.), as amended to 

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January 1, 2011, and the regulations adopted pursuant to that Act. 

A violation of the rules adopted pursuant to this section is subject to a civil penalty not to exceed ten 

thousand dollars per day of violation, or for damages to the environment of this state, or both. 

Source: SL 1983, ch 262, § 9; SL 1984, ch 243, § 11; SL 1992, ch 158, § 51; SL 2011, ch 165, § 146. 

34A-11-9.1 to 34A-1 l-9.3. Transfen-ed to§§ 20-9-29 to 20-9-31. 

34A-11-10. Notification of hazardous waste activity required--Civil penalty for violation. Any 

person generating, transporting, treating, storing, or disposing of a hazardous waste shall file with the 

secretary of environment and natural resources a notification of hazardous waste activities. The 

notification shall be in accordance with rules promulgated pursuant to chapter 1-26 by the Board of 

Minerals and Environment. No hazardous waste subject to this chapter may be transported, treated, 

stored, or disposed of unless notification has been given as required in this chapter. 

A violation of this section is subject to a civil penalty not to exceed ten thousand dollars per day of 

violation, or for damages to the environment of this state, or both. 

Source: SL 1983, ch 262, § 10; SL 1992, ch 158, § 52; SL 1993, ch 256, § 36; SL 2005, ch IO,§ 27. 

34A-l 1-11. Complaint alleging violation--Investigation--Report--Enforcement action. Any person 

may file a complaint with the secretary of environment and natural resources regarding a violation of 

this chapter. The secretary may conduct an investigation of the alleged violation and make a written 

report of the investigation to the person. If the secretary determines that a violation has occurred, the 

secretary may take whatever enforcement action he or she considers appropriate. 

Source: SL 1983, ch 262, § 11; SL 2005, ch 10, § 28; SL 2011, ch 165, § 147. 

34A-l 1-l 2. Facility permits required--Issuance, modification, revocation, suspension, or denial--

Te1m--Civil penalty for violation. No hazardous waste treatment, storage, or disposal management 

facility may be owned, constructed, modified, or operated except in accordance with a permit issued by 

the Board of Minerals and Environment. A violation of this section is subject to a civil penalty not to 

exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both. 

The board may issue, modify, suspend, revoke, or deny permits, in accordance with chapter 1-26, for 

the ownership, construction, modification, and operation of hazardous waste treatment, storage, and 

disposal management facilities. Any permit granted by the board under this section is initially valid for 

two years from the date of issuance and may be renewed for periods of five years. 

Source: SL 1983, ch 262, § 12; SL 1990, ch 289, § l; SL 1992, ch 158, § 53. 

34A-l l-12. l. Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs 

and fees. The department shall assess an initial application fee of fifty thousand dollars for the 

processing of all hazardous waste disposal facility applications. The department shall assess a fee of 

twenty-five thousand dollars for the processing of all hazardous waste disposal facility amendments and 

renewals. The applicant shall pay the fee upon the filing of an application, amendment, or renewal for a 

hazardous waste disposal facility. In addition to this fee, the department may assess the applicant those 

amounts in excess of the initial filing fee for expenses associated with processing the application, 

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amendment, or renewal. The department shall provide the applicant with an itemized statement of all 

costs associated with the processing of the application, amendment, or renewal. The applicant shall 

submit payment of all costs in excess of the initial fee within thirty days of the receipt of the statement. 

The combined initial fee and additional expenses assessed an applicant may not exceed one hundred 

seventy-five thousand dollars. All fees assessed under this section shall be payable to the Department of 

Environment and Natural Resources for deposit in the hazardous waste revolving fund established 

pursuant to§ 34A-11-24. The incineration or thermal destruction of hazardous waste shall be considered 

disposal for the purpose of this section. 

Source: SL 1990, ch 289, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17. 

34A-1l-l3. Application for permits--Rules--Hearings. The Board of Minerals and Environment 

may promulgate rules, pursuant to chapter 1-26, governing the application for permits to own, construct, 

modify, or operate a hazardous waste treatment, storage, or disposal facility. The rules may require the 

submission of plans, specifications, and other information as may be necessary to execute the provisions 

of this chapter. The board may promulgate rules allowing the issuance or denial of a permit by the 

Department of Environment and Natural Resources following notice and opportunity for a hearing 

before the board on the department's proposed decision. 

Source: SL 1983, ch 262, § 13. 

34A-l l-l 4. Terms and conditions of permits--Civil penalty for violation. Any permit issued 

pursuant to this chapter may prescribe terms and conditions for record keeping, reporting, monitoring, 

sampling, inspections, compliance schedules, and such other terms and conditions as may be necessaiy 

to ensure compliance with this chapter and rules adopted pursuant to this chapter. A violation of the 

terms of the permit is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or 

for damages to the environment of this state, or both. 

Source: SL 1983, ch 262, § 14; SL 1992, ch 158, § 54. 

34A-l l-15. Revocation, modification, or suspension ofpermit--Grounds. Any permit issued 

pursuant to this chapter may be revoked, modified, or suspended, in whole or in part, during its term for 

cause, including the following: 

(1) Violation of any condition of the permit; 

(2) Obtaining a permit by misrepresenting or failing to disclose fully all relevant facts; or 

(3) A change in condition or discovery of new information which requires a temporaiy or 

permanent reduction, or termination of the permitted activity. 

Source: SL 1983, ch 262, § 15; SL 2011, ch 165, § 148. 

34A-1l-l6. Inspection of facilities and records--Monitoring equipment--Reports. The secretary of 

environment and natural resources may: 

(1) Enter and have access at reasonable times to any facility used for generation, 

transportation, treatment, storage, or disposal of hazardous waste and monitoring equipment related 

thereto; 

(2) Inspect and obtain samples from any person of any hazardous wastes or suspected 

hazardous wastes, and of any containers or labeling for such wastes; a receipt for any sainples and a 

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copy of any analysis performed shall be provided to the owner or operator; 

(3) Inspect and copy any records relating to any known or suspected or hazardous wastes; 

( 4) Require the installation and use of monitoring equipment or methods necessary to ensure 

compliance with this chapter; 

( 5) Require the preparation and submission of reports or other infonnation by any person 

who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous 

wastes. 

Source: SL 1983, ch 262, § 16; SL 2005, ch 10, § 29. 

34A-11-16. l. Annual fee for inspection and monitoring. The department shall assess an annual fee 

of twenty-five thousand dollars for the inspection, investigation, and monitoring of each hazardous 

waste disposal facility disposing of more than five hundred tons of hazardous waste per annum. The fee 

shall be payable to the department one year from the date of the issuance of the permit of the facility and 

on that same date each year thereafter until operations under the pennit cease and the facility is properly 

closed with the exception of those years where a facility has made application for renewal and paid the 

required renewal application fee. The department shall deposit the fee in the hazardous waste revolving 

fund established pursuant to§ 34A-l 1-24. The incineration or thennal destruction of hazardous wastes 

shall be considered disposal for the purpose of this section. 

Source: SL 1990, ch 289, § 3. 

34A-1l-l7. Notice and order for correction of violation. If the secretary of environment and natural 

resources detennines that a person is in violation of this chapter, or any rule promulgated pursuant to 

this chapter, the secretary may cause written notice and an order to be served personally or by mail upon 

the alleged violator or the alleged violator's agent. The notice and order shall state the statute or rule 

allegedly violated, the pertinent facts, the nature of any corrective action that may be required and the 

time within which the action is to be taken. A notice and order may include a suspension or revocation 

of a pennit issued under this chapter. For purposes of this chapter, service by mail is considered 

complete on the date of mailing. 

Source: SL 1983, ch 262, § 17; SL 2005, ch 10, § 30; SL 2011, ch 165, § 149. 

34A-1 l-18. Hearing on violation--Time for request--Notice--Action by board. The notice of 

violation and order is final thirty days after the order is served unless the person named submits a written 

request for hearing to the secretary of environment and natural resources before the thirtieth day. If a 

request is submitted by mail, it is considered to have been submitted on the date of mailing. The 

secretary shall notify the Board of Minerals and Environment of receipt of a request for a hearing. The 

board shall conduct a public hearing. Notice of the hearing consistent with § 1-26-17 shall be sent to the 

alleged violator and published in a newspaper of general circulation in the county where the violation is 

alleged to have occurred. The board may affirm, reverse, or modify the notice of violation or order 

following a contested case hearing. 

Source: SL 1983, ch 262, § 18; SL 2005, ch 10, § 31. 

34A-11-19. Circuit court action against violator--Injunction. In lieu of, or in addition to, issuance of 

a notice of violation and order, the secretary of water and natural resources may bring an action in the 

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circuit court of the county where the violation occurred, or is threatening to occur, for injunctive or other 

appropriate relief. 

Source: SL 1983, ch 262, § 19. 

34A-l l-20. Repealed by SL 1992, ch 158, § 55. 

34A-1 l-2 l. Violations classified as felonies. Any person who knowingly transports a hazardous 

waste to an unpermitted facility; who knowingly treats, stores, or disposes of hazardous waste without a 

permit or in violation of a permit term or condition; or who makes any false statement or representation 

in any application, label, manifest, record, report, permit, or other document filed, maintained or used 

for purposes of ensuring compliance with this chapter is guilty of a Class 4 felony. 

Source: SL 1983, ch 262, § 21. 

34A-l l-22. Public access to information--Confidential information excepted--Disclosure of 

protected information as misdemeanor. Any records, reports, or information obtained from any person 

under this chapter shall be available to the public. If the secretary of environment and natural resources 

determines that a record, report, or information reveals methods or processes entitled to protection as 

trade secrets, the secretary may consider such record, report, or information confidential. However, the 

record, report, or information may be disclosed to other officers, employees, or authorized 

representatives of the state or federal government concerned with executing the provisions of this 

chapter, or if relevant, in any proceeding under this chapter. Any person who knowingly and willfully 

divulges or discloses any information entitled to protection under this section is guilty of a Class 1 

misdemeanor. 

Source: SL 1983, ch 262, § 22; SL 2005, ch 10, § 32. 

34A-l l-23. Other rights to abate nuisances and pollution unaffected. Nothing in t11is chapter 

abridges or alters any rights of action or remedies in equity or under the common law or statutory law, 

criminal or civil. Nothing in this chapter may be construed as estopping any person in the exercise of the 

person's rights in equity or under the common law or statutory law to suppress nuisances or to abate 

pollution. 

Source: SL 1983, ch 262, § 23; SL 2011, ch 165, § 150. 

34A-l l-24. Hazardous waste revolving fund--Administration--Use of funds. There is hereby 

established in the state treasury a special revolving fund to be designated as fue hazardous waste 

revolving fund. This fund shall consist of all moneys from all lawful public and private sources 

including legislative appropriations, federal grants, gifts, fees received pursuant to §§ 34A-l l-12. l and 

34A-1l-l6. l and interest on investments made on money in the fund. The fund shall be maintained 

separately and be administered by the Department of Environment and Natural Resources in order to 

retain consulting and legal services and to defray such other expenses as are reasonable and necessary in 

order to process applications for hazardous waste disposal facilities and to monitor their operations. Fees 

not expended on a facilities application or monitoring shall remain a part of the fund but may not be 

expended for any purpose except the investigation and inspection of hazardous waste management 

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facilities or the processing of hazardous waste management facilities permit applications or 

modifications. Moneys may be deposited in this fund on an ongoing basis and this fund shall constitute a 

continuing appropriation of these moneys to be expended for the purposes of§§ 34A-l 1-12.l and 34A11-16.I. 

Source: SL 1990, ch 289, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17. 

34A-l l-25. Disposal fee levied by state--Records. Because of the additional environmental risks 

attending hazardous waste disposal facilities, a hazardous waste disposal fee of fifty dollars per ton or 

part thereof of any hazardous waste is hereby levied and imposed upon the disposal of hazardous waste 

at any hazardous waste disposal facility permitted under this chapter, excluding the disposal of 

hazardous waste disposed of in a process of energy recovery. The fee imposed by this section shall be in 

addition to all other fees and taxes levied by law and shall be added to and constitute part of any other 

fee charged by the operator or owner of a hazardous waste disposal facility. The incineration or thermal 

destruction of hazardous waste shall be considered disposal for the purpose of this fee. 

The hazardous waste disposal fee imposed by this section shall be paid by the owner of the hazardous 

waste disposal facility and remitted to the state treasury. The obligation of the owner to pay the fee 

accrues at the time hazardous waste is disposed of at a hazardous waste disposal facility. The fee 

imposed by this section shall be payable on or before the fifteenth day of the month next succeeding the 

month in which the fee accrued together with a return on such form or forms as may be prescribed by 

the secretary of revenue. Each owner of a facility who is required to pay the fee imposed by this section 

shall keep complete and accurate records in such form as the board or the secretary of revenue, by rules 

promulgated pursuant to chapter 1-26, may require. 

Fees collected under this section shall be deposited in the South Dakota environment and water 

resources trust fund established pursuant to § 46A-l-82. 

Source: SL 1990, ch 289, § 5. 

34A-11-26. County or municipal disposal fee--Distribution of fee shares. In addition to the 

hazardous waste disposal fee assessed by the state under§ 34A-11-25, a county or municipality may 

impose and levy a hazardous waste disposal fee upon the disposal of hazardous waste at any hazardous 

waste disposal facility within, or operated under, its jurisdiction excluding those facilities disposing of 

hazardous waste in a process of energy recovery. Fees imposed under this section are in addition to all 

other fees and taxes levied by law. The incineration or thermal destruction of hazardous waste is 

considered disposal for the purpose of this fee. 

The fee imposed by this section shall be paid by the owner of the hazardous waste disposal facility 

and remitted to the county or municipal treasurer. The obligation of the owner to pay the fee accrues at 

the time hazardous waste is disposed of at a hazardous waste disposal facility. The owner of the facility 

may collect these fees from persons disposing of hazardous waste at the owner's facility. The fee 

imposed by this section is payable on or before the fifteenth day of the month next succeeding the month 

in which the fee accrued together with a return on forms prescribed by the county or municipal treasurer. 

Each person required to pay the fee imposed by this section shall keep complete and accurate records in 

a form required by the county or municipal treasurer. 

The county or municipality may distribute shares of this fee to the municipalities and school districts 

within its boundary as it deems appropriate considering the location of the facility and the impacts on 

the representation jurisdiction. 

Source: SL 1990, ch 289, § 6; SL 2011, ch 165, § 151. 

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Attachment 2 

Exhibit B 
1-40-4.1. Limitation on stringency of certain rules, SD ST§ 1-40-4.1 

South Dakota Codified Laws 

Title !. State Affairs and Government (Refs & Annos) 

Chapter i-40. Department of l:~n\drornnent and Natural Resources 

SDCL § 1-40-4.1 

1-40-4.1. Limitation on stringency of certain rules 

Currentness 

No rule that has been promulgated pursuant to Title 34A, 45, 46, or 46A may be more stringent than any 

correspondlng federal la\v, rule, or regulation governing an essentially similar subject or issue. 

Credits 

Source: SL 1992, ch 254, § l 00. 

© 2014 by the State of South Dakota 

SD CL§ 1-40-4.l, SD ST§ l-40-4.1 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End nf Dm:orncnt 
Attachment 2 

Exhibit C 
1-26-6.6. Incorporation by reference to generally available .. ., SD ST§ 1-26-6.6 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-6.6 

1-26-6.6. Incorporation by reference to generally available materials--

Description--Reference note--Identification of agency and rule 

Currentness 

An agency n1ay adopt other con1prehensive regulations as its own by making reference to them in a rule, but only 

when the comprehensive regulations are published by an organization which is not part of the state government 

and only when the publication is generally available to the public at a reasonable cost. A rule which incorporates 

material by reference shall describe the exact section or portion of the publication which is being incorporated. 

In11nediately following a rule which incorporates published material by reference, other than material contained 

in the code of federal regulations. the federal register, the United States code or the United States statutes at 

large, the agency shall place a reference note which identifies the publication by its title, date of publication, or 

enactlnent and author, and which states where the publication may be obtained and its cost, if any. A state1nent 

shall be attached to the face of the publication which shall state the agency's name, the section nu1nber of the 

rule which incorporates the n1aterial within, and the date the rule was served pursuant to § 1-26-4 or l-26-5 or 

filed pursuant to§ I <~6-6. 

Credits 

Source: SL 1974, ch 16, § 11; SL 1975, ch 16, § 19. 

© 2014 by the State of South Dakota 

SD CL§ 1-26-6.6, SD ST§ 1-26-6.6 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End ufD11runwnt 
1-26-16. Notice and hearing required in contested cases, SD ST§ 1-26-16 

South Dakota Cotlified Laws 

Title I. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-16 

1-26-16. Notice and hearing required in contested cases 

Currentness 

In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. 

Credits 

Source: SL 1966, ch 159, § 9 (I). 

Notes ofl)ccisions ( l) 

© 2014 by the State of South Dakota 

SD CL§ 1-26-16, SD ST§ 1-26-16 

Current through the 2013 Regular Session and Supreme Court Rule I 3-17 

End of DonmH'lll 
1·26-16.1. Repealed by SL 1983, ch 7, SD ST§ 1-26-16.1 

South Dakota Codified Laws 

Title I. State Affairs and Government (Refs & Annas) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annas) 

SDCL § 1-26-16.1 

1-26-16.I. Repealed by SL 1983, ch 7 

© 2014 by the State afSouth Dakota 

SDCL§ 1-26-16.1,SDST§ 1-26-16.l 

Currentness 

Cu1Tent through the 2013 Regular Session and Supreme Court Rule 13-17 

End of Documru! 
1-26-17. Contents of notice in contested cases, SD ST§ 1-26-17 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-17 

1-26-17. Contents of notice in contested cases 

Currentness 

The notice shall include: 

(I) A statement of the tin1e, place, and nature of the hearing; 

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held; 

(3) A reference to the particular sections of the statutes and rules involved; 

(4) A short and plain statement of the matters asserted. If the agency or other party is unable to state the 

n1atters in detail at the time the notice is served, the initial notice may be lin1ited to a statement of the 

issues involved. Thereafter upon application a tnore definite and detailed statement shall be furnished; 

(5) A statement of any action authorized by la\v, which may affect the parties, as a result of any decision 

made at the hearing, whether it be the revocation of a license, the assessment of a fine or other effect; 

(6) A statement that the hearing is an adversary proceeding and that a party has the right at the hearing, to 

be present, to be represented by a lawyer, and that these and other due process rights will be forfeited if 

they are not exercised at the hearing; 

(7) Except in contested cases before the Public Utilities Con1mission, a statement that if the amount in 

controversy exceeds two thousand five hundred doJlars or if a property right may be terminated) any party 

to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the 

request to the agency no later than ten days after service of a notice of hearing issued pursuant to§ 1-26-l 7; 

(8) A statement that the decision based on the hearing may be appealed to the circuit court and the State 

Supreme Court as provided by law. 

Credits 

Source: SL 1966, ch 159, § 9 (2); SL 1978, ch 14, § l; SL 2003, ch 18, § 3; SL 2007, ch 7. § I. 
1-26-17. Contents of notice in contested cases, SD ST§ 1-26-17 

Notes of Decisions (3) 

© 2014 by the State of South Dakota 

SDCL§ l-26-17,SDST§ l-26-17 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of Dul'mn~nt 
1-26-17.1. Intervention in contested case by person with ... , SD ST§ 1-26-17.1 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & An nos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annas) 

SDCL § 1-26-17.1 

1-26-17.1. Intervention in contested case by person with pecuniary interests 

Currentness 

A person who is not an original party to a contested case and whose pecuniary interests would be directly 

and immediately affected by an agency's order n1ade upon the hearing n1ay become a party to the hearing by 

intervention, if timely application therefor is 111ade. 

Credits 

Source: SL l 978, ch 13, § 5. 

Notes of l)ccislons (2) 

© 2014 by the State of South Dakota 

SD CL§ l-26-17.1, SD ST§ l-26-17.1 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of J)ocunwut 
1-26-18. Rights of parties at hearings on contested ... , SD ST§ 1-26-18 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-18 

1-26-18. Rights of parties at hearings on contested cases--Summary disposition of ce1tain cases 

Currentness 

Opportunity shall be afforded all parties to respond and present evidence on issues of fact and argu1nent on issues 

of law or policy. Ho\vever, each agency, upon the motion of any.party, n1ay dispose of any defense or clain1: 

(1) If the pleadings, depositions, ans\vers to interrogatories, and admissions on file, together with the 

affidavits, if any, show that there is no genuine issue as to any 1naterial fact and a party is entitled to a 

judgment as a matter of law; or 

(2) At the close of the evidence offered by the proponent of the defense or claim if it determines that the 

evidence offered by the proponent of the defense or claim is legally insufficient to sustain the defense 

orclainL 

A party to a contested case proceeding may appear in person or by counsel, or both, may be present during the 

giving of an evidence, tnay have reasonab)e opportunity to inspect all documentary evidence, 111ay examine and 

cross-exa1nine witnesses, may present evidence in support of the party's interest, and n1ay have subpoenas issued 

to co1npel attendance of witnesses and production of evidence in the party's behalf. 

Credits 

Source: SL 1966, ch 159, § 9 (3); SL 1972, ch 8, § 19; SL 1978, ch 13, § 6; SL 2002, ch 16. §I. 

Notes off)ccisions (5) 

© 2014 by the State of South Dakota 

SD CL§ 1-26-18, SD ST§ 1-26-18 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End nf Dun11nen1 
1-26-18.1, 1·26-18.2. Repealed by SL 1995, ch 8, §§ 14, 15, SD ST§ 1-26-18.2 

South Dakota Codified Laws 

Title L State Affairs and Government (Refs & Annos) 

Chapter i-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § i-26-1R2 

1-26-18.1, 1-26-18.2. Repealed by SL 1995, ch 8, §§ 14, 15 

© 2014 by the State of South Dakota 

SD CL§ 1-26-182, SD ST§ 1-26-18.2 

Currentness 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of 1)(11.'.Ullll'nt 
1-26-18.3. Request to use Office of Hearing Examiners in ... , SD ST§ 1-26-18.3 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Annos) 

Chapter 1-26 . .t\dn1inistrative Procedure and Rules (Refs & 1\nnos) 

SDCL § 1-26-18.3 

1-26-18.3. Request to use Office of Hearing Examiners in ce1tain contested cases 

Cun·entness 

In any contested case, if the amount in controversy exceeds two thousand five hundred dollars or if a property 

right may be tenninated, any party to the contested case may require the agency to use the Office of Hearing 

Examiners by giving notice of the request no later than ten days after se1vice of a notice of hearing issued pursuant 

to* 1-26-17. This section does not apply to any contested case before the Public Utilities Commission. 

Credits 

Source: SL 1995. ch 8, § 18; SL 2003, ch 18, §I: SL 2007, ch 7. § 2. 

© 2014 by the State of South Dakota 

SD CL§ 1-26-18.3, SD ST§ 1-26-18.3 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of Drn:umcnl 
1-26-19. Rules of evidence in contested cases, SD ST§ 1-26-19 

South Dakota Codified Laws 

Title L State Affairs and Government (Refs & Annos) 

Chapter 1-26, Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-19 

1-26-19, Rules of evidence in contested cases 

Currentness 

In contested cases: 

(I) Irrelevant, incompetent, in1material, or unduly repetitious evidence shall be excluded. The rules of 

evidence as applied under statutory provisions and in the trial of civil cases in the circuit courts of this 

state, or as may be provided in statutes relating to the specific agency, shall be followed. When necessary 

to ascertain facts not reasonably susceptible of proof under those rules, evidence not otherwise admissible 

thereunder may be admitted except where precluded by statute if it is of a type commonly relied upon 

by reasonably prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of 

privilege recognized by law. Objections to evidentiary offers n1ay be 1nade and shall be noted in the record. 

Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be 

prejudiced substantially. any part of the evidence may be received in written form~ 

(2) A party may conduct cross-examinations required for a full and true disclosure of the facts; 

(3) Notice may be taken of judicially cognizable facts, In addition, notice may be taken of generally 

recognized technical or scientific facts within the agency's specialized knowledge. Parties present at the 

hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, 

referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request 

to refute the officially noticed 1natters by evidence or by written or oral presentation of authority, the 

manner of such refutation to be detennined by the agency. 

Credits 

Source: SL 1966, ch 159, § 10; SL 1972, ch 8, § 20; SL 1985, ch 15, § 9. 

Notes of Decisions (J 1) 

© 2014 by the State of South Dakota 

SD CL§ 1-26-19, SD ST§ J-26-19 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of Don1mc11l 
1-26-19.1. Administration of oaths--Subpoena powers--Witness ... , SD ST§ 1-26-19.1 

South Dakota Codified Laws 

Title L State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-19.1 

1-26-19.L Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena 

Currentness 

Each agency and the officers thereof charged with the duty to adn1inister the laws of this state and rules of the 

agency shall have power to administer oaths as provided by chapter 18-3 and to subpoena witnesses to appear and 

give testimony and to produce records, books) papers and documents relating to any inatters in contested cases 

and likewise issue subpoenas for such purposes for persons interested therein as provided by§ 15-6-45. Unless 

otherwise provided by law fees for witnesses shall be as set forth in chapter 19-5 and be paid by the agency or 

party for whom the \Vitness is subpoenaed. 

Failure of a person to obey the subpoena issued pursuant to this chapter may be punished as a conten1pt of court 

in the manner provided by chapter 21-34. 

Credits 

Source: SL 1972, ch 8, § 21. 

Notes of Decisions (I) 

© 20 l 4 by the State of South Dakota 

SD CL§ 1-26-19.l, SD ST§ 1-26-19.I 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of Docuuwnl. 
1-26-19.2. Depositions of witnesses, SO ST§ 1-26-19.2 

South Dakota Codified Laws 

Title I. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrafo•e Procedure and Rules (Refs & Annas) 

SDCL § 1·26-19.2 

1-26-19.2. Depositions of witnesses 

Cun·entness 

Each agency and the officers thereof charged with the duty to administer the laws and rules of the agency shall 

have power to cause the deposition of witnesses residing within or \Vithout the state or absent therefrom to be 

taken or other discovery procedure to be conducted upon notice to the interested person, if any, in like manner 

that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending 

in circuit court in any matter concerning contested cases. 

Credits 

Source: SL 1972, ch 8, § 22. 

© 2014 by the State of South Dakota 

SD CL§ 1-26-19.2, SD ST§ 1-26-19.2 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of Docunwui 
1 ·26-20. Agreed disposition of contested cases, SD ST§ 1 -26-20 

South Dakota Codified Laws 

Title I. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procednre and Rules (Refs & A.nnos) 

SDCL § 1-26-20 

1-26-20. Agreed disposition of contested cases 

CUITentness 

Unless precluded by Jaw, infonnal disposition may be made of any contested case by stipulation, agreed settlen1ent, 

consent order, or default. 

Credits 

Source: SL 1966, ch 159, § 9 (4). 

© 2014 by the State of South Dakota 

SD CL§ 1-26-20, SD ST§ l-26-20 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

Enil llf nn~"IHIH:!H 
1-26-21. Contents of record in contested cases, SD ST§ 1-26-21 

South Dakota Codified Laws 

Title I. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-21 

1-26-21. Contents ofrecord in contested cases 

Currentness 

The record in a contested case shall include: 

(I) All pleadings, motions, intermediate rulings; 

(2) Evidence received and considered; 

(3) A statement of matters officially noticed which have been refuted; 

(4) Questions and offers of proof, objections, and rulings thereon; 

(5) Proposed findings and exceptions; 

(6) Any decision, opinion, or report by the officer presiding at the hearing; 

(7) All staff memoranda or data submitted to the hearing officer or men1bers of the agency in connection 

with their consideration of the case. 

Credits 

Source: SL 1966, ch 159, § 9 (5); SL 1972, ch 8, § 23. 

Notes of Decisions (4) 

© 2014 by the State of South Dakota 

SD CL§ 1-26-21, SD ST§ 1-26-21 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

Entt l)f OocumN1t 
1-26-22. Transcript in contested cases-Minutes in lieu of transcript, SO ST§ 1-26-22 

South Dakota Codified Laws 

Title I. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-22 

1-26-22. Transc1ipt in contested cases--Minutes in lieu of transcript 

Currentness 

Whenever a party requests in writing that oral proceedings be transcribed, a verbatim record of all proceedings 

and testimony shall be kept by the agency. Unless otherwise provided by law the agency shall not be required 

to transcribe the record unless the requesting party tenders and pays the reasonable cost thereof. If transcribed, a 

copy of the record shall be furnished to any other party to the hearing at the request and expense of such other 

party. If no verbatim record is transcribed, the agency shall prepare minutes of the hearing. The n1inutes shall 

consist of a written summary of the evidence and proceedings. 

Credits 

Source: SL 1966, ch 159, § 9 (6); SL 1972, ch 8, § 24; SL 1978, ch 13, § 7. 

Notes of Decisions (3) 

© 2014 by the State of South Dakota 

SD CL§ 1-26-22, SD ST§ 1-26-22 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End uf Dut:umcrH 
1-26-23. Basis for findings in contested cases, SD ST§ 1-26-23 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Annos) 

Chapter i-26. Administrative Procedure and Rules (Refs&. Atmos) 

SDCL § 1-26-23 

1-26-23. Basis for findings in contested cases 

Currentness 

Findings of fact shall be based exclusively on the evidence and on n1atters officially noticed. 

Credits 

Source: SL 1966, ch 159, § 9 (7). 

© 2014 by the State of South Dakota 

SD CL§ 1-26-23, SD ST§ 1-26-23 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

Ent! of Dotuml•nJ 
1-26-24. Tentative or proposed decision served on .. ., SD ST§ 1-26-24 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Atmos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-24 

i-26-24. Tentative or proposed decision served on parties--Contents--Waiver 

Currentness 

When in a contested case a majority of the officials of the agency who are to render the final decision have not 

heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency 

itself, shall not be made until a tentative or proposed decision is served upon the parties, and an opportunity is 

afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials 

\Vho are to render the decision. The tentative or proposed decision shall contain a statement of the reasons therefor 

and findings of fact on each issue and conclusions of law necessary to the proposed decision, prepared by the 

person who conducted the hearing or one who has read the record. The parties by written stipulation n1ay waive 

compliance with this section. 

Credits 

Source: SL 1966, ch 159, § I I; SL 1972, ch 8, § 25. 

Notes ofTJccisions (2) 

© 2014 by the State of South Dakota 

SD CL§ l-26-24, SD ST§ 1-26-24 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 
1-26-25. Fonn, contents and notice of decisions, orders and findings, SD ST§ 1-26-25 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Annas) 

Chapter 1-26. Administrative Prncedure and Rules (Refs & Annos) 

SDCL § i-26-25 

i-26-25. Form, contents and notice of decisions, orders and findings 

Currentness 

A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. lt may 

affirm, n1odify, or nullify action previously taken or may direct the taking of new action \vithin the scope of the 

notice of hearing. It shall include findings of fact and conclusions of law, separately stated. Findings of fact, if 

set forth in statuto1y language, shall be acco1npanied by a concise and explicit state111ent of the underlying facts 

supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the 

decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail 

of any decision or order. Upon request a copy of the decision or order shall be delivered or 1nailed forthwith to 

each party and to his attorney of record. 

Credits 

Source: SL 1966, ch 159, § 12; SL 1978, ch 13, § 8. 

Notes of Decisions (26) 

© 2014 by the State of South Dakota 

SD CL§ l-26-25, SD ST§ 1-26-25 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 
1-26-26. Ex parte consultations by agency personnel--lnvestigating ... , SD ST§ 1-26-26 

South Dakota Codified Laws 

Title i. State Affairs and Government (Refs & Annos) 

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) 

SDCL § 1-26-26 

1-26-26. Ex parte consultations by agency personnel--lnvestigating officer 

disqualified from decision on hearing--Authorized communications 

Currentness 

Unless required for the disposition of ex parte matters authorized by law. 1nernbers of the governing board or 

officers or employees of an agency assigned to render a decision or to make findings of fact and conclusions of 

law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any 

person or party, nor, in connection with any issue of la\v, with any party or his representative, except upon notice 

and opportunity for all parties to participate. If one or more men1bers of a board or conunission or a rnetnber or 

en1ployee of an agency, who is assigned to render a decision in a contested case, took part in an investigation 

upon which the contested case is based, he shall not participate in the conduct of the hearing nor take part in 

rendering the decision thereon, but he may appear as a witness and give advice as to procedure. If, because of 

such disqualification, there is no person assigned to conduct the hearing or render the decision, the agency shall 

appoint son1eone pursuant to S l -26-18. l to fulfill those duties. A person assigned to render a decision: 

(I) May communicate with other members of the agency; and 

(2) May have the aid and advice of one or more personal assistants. 

·Credits 

Source: SL 1966, ch 159, § 13; SL 1974, ch 16, § 9; SL 1975, ch 17, §JO. 

Editors' Notes 

COMMISSION NOTE 

Section 1-26-18.l,referred to in this section, was repealed by SL 1995, ch 8, § 14. 

Notes of Decisions ( 5) 

© 2014 by the State of South Dakota 

S D C L § 1-26-26, SD ST § 1-26-26 

Current through tl1e 2013 Regular Session and Supreme Court Rule 13-17 

End of DoctrnH·nt 
1-26-27. License proceeding treated as contested case, SD ST§ 1-26-27 

South Dakota Codified Laws 

Title L State Affairs and Government (Refs & Annos) 

Chapter I-26. Administrative Procedme and Rules (Refs & Annos) 

SDCL § I-26-27 

1-26-27. License proceeding treated as contested case 

Currentness 

When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing! 

or an applicant, a party or an agency requests a hearing, the provisions of this chapter concerning contested cases 

apply. 

Credits 

Source: SL 1966, ch 159, § 14 (l); SL 1973, ch JO. 

Noles of Decisions ( 6) 

© 2014 by the State of South Dakota 

SD CL§ 1-26-27, SD ST§ 1-26-27 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 
Attachment 2 

Exhibit D 
1-27-1. Public records open to inspection and copying, SD ST§ 1-27-1 

South Dakota Codified Laws 

Title 1. State Affairs and Government (Refs & Annos) 

Chapter i-27. Public Records and Files (Refs & Atmos) 

SDCL § 1-27-1 

1-27-1. Public records open to inspection and copying 

Currentness 

Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the 

examination of the public records, as defined in§ l -27-l. t, are hereby fully empowered and authorized to examine 

such public record, and make meinoranda and abstracts therefrom during the hours the respective offices are open 

for the ordinary transaction of business and, unless federal copyright la\11 otherwise provides, obtain copies of 

public records in accordance with this chapter. 

Each goveminent entity or elected or appointed government official shall1 during normal business hours, make 

available to the public for inspection and copying in the n1anner set forth in this chapter all public records held 

by that entity or official. 

Credits 

Source: SDC 1939, § 48.0701; SL 1977, ch 16, § 2; SL 1982, ch 30, § 1; SL 1987, ch 24; SL 1991, ch 13; SL 

1992, ch 10: SL 1994, ch 21: SL 2003, ch 272 (Ex. Ord. 03-1), § 82: SL 2004, ch 17. § 2; SL 2009, ch 10, § !. 

Notes of Decisions ( 13) 

© 2014 by the State of South Dakota 

SD CL§ 1-27-1, SD ST§ 1-27-1 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of Dw:umcnt 
1-27-28. Definition of terms, SD ST§ 1-27-28 

South Dakota Codified Laws 

Title I. State Affairs and Government (Refs & Annos) 

Chapter 1-27. Public Records and Files (Refs & A1mos) 

SDCL § 1-27-28 

1-27-28. Definition of terms 

Currentness 

Terms used in§§ l-27-29 to 1-27-32, inclusive, mean: 

(I) "Private entity," any person or entity that is not a public entity as defined by subdivision 3-21-1(2); 

(2) "State agency," any association, authority, board, commission, con1n1ittee, council, departn1ent, division, 

office, officer, task force, or other agent of the state vested with the authority to exercise any portion 

of the state's sovereignty. The tenn does not include the Legislature, the Unified Judicial System, the 

Public Utilities Co1nmission, the Departn1ent of Environment and Natural Resources! any la\v enforcement 

agency, or any unit of local govem1nent, or joint venture comprised of local governments; 

(3) "Financial investigation, exan1ination, or audit," any examination conducted by a state agency ofa private 

entity's proprietary information or trade secret infonnation; 

( 4) "Proprietary infom1ation," information on pricing, costs, revenue, taxes, 1narket share, custotners, and 

personnel held by private entities and used for that private entity's business purposes; 

(5) "Trade secret," information, including a fonnula, pattern, compilation, program, device, method, 

technique, process, marketing plan, or strategic planning information that: 

Credits 

(a) Derives independent economic value, actual or potential, from not being generally known to, and 

not being readily ascertainable by proper n1eans by, other persons who can obtain economic value 

from its disclosure or use; and 

(b) Is the subject of efforts that are reasonable under the circun1stances to maintain its secrecy. 

Source: SL 1996, ch 12, § I: SL 2003, ch 20, § I: SL 2004, ch 25, § I. 

© 2014 by the State of South Dakota 

SD CL§ 1-27-28, SD ST§ 1-27-28 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 
1-27-28. Definition of terms, SD ST§ 1-27-28 

End of Docmnl'nt 
1-27~29. Disclosure of information concerning private entity restricted, SD ST§ 1-27-29 

South Dakota Codified Laws 

Title L State Affairs and Government (Refs & Annos) 

Chapter 1-27. Public Records and Files (Refs & Annos) 

SDCL § 1-27-29 

1-27-29. Disclosure of information concerning ptivate entity restticted 

Currentness 

No state agency may disclose that it is conducting a financial investigation, examination, or audit of a private 

entity while the financial investigation, examination, or audit is ongoing, except as provided by§ l-27-31. 

Credits 

Source: SL 1996. ch 12, § 2: SL 2004, ch 25, § 2. 

© 2014 by the State of South Dakota 

SD CL§ 1-27-29, SD ST§ 1-27-29 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of Dm:umcnt 
1-27 -30. Confidentiality of proprietary or trade information oL, SD ST§ 1-27 -30 

South Dakota Codified Laws 

Title L State Affairs and Government {Refs & Annos) 

Chapter 1-27. Public Records and Files (Refs & Annos) 

SDCL § 1-27-30 

i-27-30. Confidentiality of proprietary or trade information of private entity 

Currentness 

All proprietary or trade secret infonnation obtained by a state agency from or concerning a private entity is 

confidential, except as provided by§ 1-27-31. 

Credits 

Source: SL 1996. ch 12, § 3; SL 2004, ch 25, § 3. 

© 2014 by the State of South Dakota 

SD CL§ 1-27-30, SD ST§ 1-27-30 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End uf Dnnunoll 
1-27-31. Circumstances allowing for disclosure of information ... , SD ST§ 1-27-31 

South Dakota Codified Laws 

Title I. State Affairs and Government (Refs & Annos) 

Chapter 1-27. Pnblic Records and Files (Refs & Annos) 

SDCL § 1-27-31 

1-27-3i. Circumstances allowing for disclosure of info1mation concerning private entity 

Currentness 

A state agency may disclose that it is conducting a financial investigation, examination, or audit ofa private entity 

and disclose the inforn1ation obtained from such an investigation, examination, or audit as follows: 

(l) To the private entity being investigated, exan1ined, or audited; 

(2) To those persons whom the private entity has authorized in writing to receive such infonnation; 

(3) To the officers, employees, or legal representatives of any other state agency which requests the 

infon11ation in writing for the purpose of investigating and enforcing civil or criminal n1atters. The \Vritten 

request will specify the particular infonnation desired and the purpose for \Vhich the information is 

requested; 

(4) To any administrative or judicial body if the information is directly related to the resolution of an issue in 

the proceeding, or pursuant to an administrative or judicial order. However, no person n1ay use a subpoena, 

discovery, or other applicable statutes to obtain such information; 

(5) To another state pursuant to an agreement between the State of South Dakota and the other state, but only 

if the other state agrees to keep the information confidential as set fotth in§§ l-27-28 to 1 <?:7-32, inclusive; 

(6) To the attorney general, state's attorney, or any state, federal, or local law enforceinent officer; 

(7) To a federal agency pursuant to the provisions of federal law; 

(8) To the extent necessary to submit any final repm1s or filings which are otherwise required by law to be 

prepared or filed; 

(9) Repealed by SL 2004, ch 25, § 4. 

(10) To comply with federal law, rules, or program delegation requirements; or 
1-27-31. Circumstances allowing for disclosure of information ... , SD ST§ 1-27-31 

(11) To the extent necessary to protect the health or welfare of the citizens of this state or nation pursuant to 

a court order obtained under the sa1ne process as orders issued pursuant to § l 5-6-65(b ). 

Credits 

Source: SL 1996, ch 12, § 4: SL 1997, ch 13, § I; SL 2004, ch 25, § 4. 

© 2014 by the State of South Dakota 

SD CL§ l-27-31, SD ST§ l-27-31 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 
Attachment 2 

Exhibit E 
Untitled Page Page I of6 

CHAPTER 34A-l 0 

REMEDIES FOR PROTECTION OF ENVIRONMENT 

34A-I 0-1 Parties entitled to maintain actions against pollution. 

34A-10-2 Parties entitled to intervene in proceedings involving pollution. 

34A-l 0-2. l Activity which could result in pollution, contamination, or degradation--Financial 

assurance concerning corrective action--Form and amount. 

34A-10-2.2 Right and title in bond or security--Form and amount. 

34A-10-2.3 Use of security for cleanup and remediation of environmental problems. 

34A-10-2.4 Authority to promulgate rules regarding terms and release of security and its disposition 

upon expiration of permit or license. 

34A-10-2.5 Failure to comply with order--Injunctive relief. 

34 A-10-3 Security required of plaintiff. 

34A-l 0-4 Appointment of master or referee--Qualifications. 

34A-l 0-5 Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction. 

34A-10-6 

34A-10-7 

34A-10-8 

34A-10-9 

34A-10-10 

evidence. 

34A-10-l 1 

34A-10-12 

34A-10-l 3 

34A-10-14 

34A-10-15 

34A-J0-16 

34A-J 0-17 

Judicial review by court originally taking jurisdiction. 

Adjudication by court after administrative proceedings--Additional evidence. 

Detrimental conduct prohibited when reasonable alternative available. 

Defendant rebutting evidence of pollution. 

Affirmative defense of no reasonable alternative--Burden of proof and weight of 

Equitable relief against detrimental conduct--Conditions imposed on defendant. 

Apportionment of costs. 

Collateral estoppel--Res judicata. 

Chapter supplementary to other procedures. 

Citation of chapter. 

Enforcement action by department. 

Obtaining voluntary compliance--Administrative settlement agreements. 

34A-l 0-1. Parties entitled to maintain actions against pollution. The attorney general, any political 

subdivision of the state, any instrumentality, or agency of the state or of a political subdivision thereof, 

any person, partnership, limited liability company, corporation, association, organization, or other legal 

entity may maintain an action in the circuit court having jurisdiction where the alleged violation 

occurred for declaratory and equitable relief against the state, any political subdivision thereof, any 

instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, 

limited liability company, corporation, association, organization, or other legal entity for the protection 

of the air, water, and other natural resources and the public trust therein from pollution, impairment, or 

destruction. This section does not confer a right of action to challenge the issuance of a permit or license 

where the plaintiff has been notified of an agency proceeding in which the issues of environmental harm 

complained of might have been considered unless the agency refused to hear the complaint at such 

hearing. Actual notice or notice specified in the statute or rule governing the agency proceeding shall be 

sufficient. 

Source: SL 1973, ch 144, § 2 (l); SDCL Supp,§ 21-lOA-l; SL 1981 (2d SS), ch 1, § 22; SL 1994, ch 

351, § 69. 

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34A-10-2. Parties entitled to intervene in proceedings involving pollution. If administrative, 

licensing, or other proceedings, and judicial review thereof are available by law, the agency may permit 

the attorney general, any political subdivision of the state, any instrumentality or agency of the state or 

of a political subdivision thereof, any person, partnership, limited liability company, corporation, 

association, organization, or other legal entity to intervene as a party on the filing of a pleading with the 

agency asserting that the proceeding or action for judicial review involves conduct which has the effect 

of polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein. 

Such pleading shall be filed at least three days before the last agency evidentiary hearing conducted 

before the issuance of a final decision. 

Source: SL 1973, ch 144, § 6 (I); SDCL Supp,§ 21-lOA-2; SL 1981 (2d SS), ch 1, § 23; SL 1994, ch 

351, § 70. 

34A-l 0-2.1. Activity which could result in pollution, contamination, or degradation--Financial 

assurance concerning corrective action--Form and amount. Any person making application to the Water 

Management Board or the Board of Minerals and Environment for a pem1it, a license, or an extension, 

amendment, or renewal of an existing permit or license, which authorizes activity that could result in a 

significant risk of pollution, contamination, or degradation of the environment and that is not covered by 

a performance or damage bond or other financial assurance instrument, may be required, as a condition 

of the permit, to provide financial assurance guaranteeing the performance of co1Tective actions to 

contain, mitigate, and remediate all pollution, contamination, or degradation which may be caused by 

the activity. The financial assurance in a reasonable and proper amount shall be in a form and an amount 

approved by the board, and may include insurance, company net worth considerations, a surety bond, 

escrow account, letter of credit, trust, guarantee, or cash deposit. 

Source: SL 1989, ch 306, § 68; SL 2011, ch 165, § 137. 

34A-10-2.2. Right and title in bond or security--Form and amount. All right and title in any bond or 

other security required by the Water Management Board or the Board of Minerals and Environment 

under any provision of this title, Title 45, or Title 46 for the protection of the environment or 

reclamation of lands or other resources shall be in the state until the board by order releases the security. 

The bond or other security does not constitute an asset of the person required to provide it, and may not 

be cancelled, assigned, revoked, disbursed, replaced, or allowed to tenninate without board approval. 

The bond or other security shall be in a form and a reasonable and proper amount approved by the 

board, and may include a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit. 

The board may pennit the use of financial assurance other than a bond, including company net worth 

considerations. Interest earned on any bond or deposit made under § 34A-l 0-2.1 shall be returned 

annually to the person required to provide the bond. 

Source: SL 1989, ch 306, § 69; SL 2011, ch 165, § 138. 

34A-10-2.3. Use of security for cleanup and remediation ofenviromnental problems. The state, with 

such board or court approval, if any, as is provided in the permit or security instrument required 

pursuant to § 34A-10-2.1 or 34A-10-2.2, may use the security as necessary for the cleanup and 

remediation of environmental problems related to the activity for which the security was provided. 

When such cleanup and remediation is complete, as certified by the board, or sufficient funds have been 

set aside to achieve complete remediation pursuant to a site-specific, board-approved remedial action 

plan, the state may proceed against any remaining security for the purpose of collecting any properly 

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recoverable cost incuned by the state in pursuing the cleanup, environmental damages, or penalties. 

Until the environmental cleanup or remediation is complete, any state cost, environmental damage, and 

penalty judgments have been satisfied and the security has been released by the board, the security may 

not be assigned for the benefit of creditors, attached, garnished, levied, or executed on, or subject to 

process issued from any court; except for the purpose of enabling the state to effectuate the 

environmental cleanup or remediation. 

Source: SL 1989, ch 306, § 70. 

34A-l 0-2.4. Authority to promulgate rules regarding terms and release of security and its 

disposition upon expiration of permit or license. The Water Management Board and the Board of 

Minerals and Environment shall establish, by rules promulgated pursuant to chapter 1-26: 

( 1) Criteria to determine the amount of security required and other terms as necessary to 

define the respective obligation of the parties; 

(2) The procedure to follow and the circumstances under which the state or applicant may 

obtain board approval for the release of the security; and 

(3) Conditions under which the security may be held by the state after the expiration of the 

permit or license. 

Source: SL 1989, ch 306, § 71. 

34A-10-2.5. Failure to comply with order--Injunctive relief. The secretary of the Department of 

Environment and Natural Resources may bring an action without furnishing of bond, for an injunction 

against any person who fails to comply with an order issued by the secretary or any official under the 

secretary's supervision having authority to issue such order by vittue of this title, Title 45, or Title 46. 

The court to which the department applies for an injunction may issue a temporary injunction, if it finds 

tl1ere is reasonable cause to believe that the allegations of the department are true, and it may issue a 

temporary restraining order pending action on the temporary injunction. 

Source: SL 1989, ch 306, § 72; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2011, ch 165, § 139. 

34A-10-3. Security required of plaintiff. If the court has reasonable ground to doubt the solvency of 

the plaintiff or the plaintiffs ability to pay any cost or judgment which might be rendered against the 

plaintiff in an action brought under this chapter, the comt may order the plaintiff to post a surety bond or 

cash not to exceed five hundred dollars. 

Source: SL 1973, ch 144, § 3; SDCL Supp,§ 21-lOA-3; SL 2011, ch 165, § 140. 

34A-10-4. Appointment of master or referee--Qualifications. The court may appoint a master or 

referee, who shall be a disinterested person and technically qualified, to take testimony and make a 

record and a report of his or her findings to the court in the action. 

Source: SL 1973, ch 144, § 4 (2); SDCL Supp,§ 21-lOA-4; SL 2011, ch 165, § 141. 

34A-10-5. Court remitting to administrative proceedings--Temporary relief--Retention of 

jurisdiction. rt: in an action pursuant to§ 34A-10-l, administrative, licensing, or other proceedings are 

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required or available to determine the legality of the defendant's conduct, the court shall remit the parties 

to such proceedings. The proceedings shall be conducted in accordance with and subject to the 

provisions of chapters 34A-l and 34A-2. In so remitting the court may grant temporary equitable relief 

if necessary for the protection of the air, water, and other natural resources or the public trust in such 

resources from pollution, impairment, or destruction. In so remitting the court shall retain jurisdiction of 

the action pending completion of the action for the purpose of determining whether adequate protection 

from pollution, impairment, or destruction has been afforded. 

Source: SL 1973, ch 144, § S (2); SDCL Supp,§ 21-lOA-5; SL 1981 (2d SS), ch 1, § 24; SL 2011, ch 

165, § 142. 

34A-l 0-6. Judicial review by court originally taking jurisdiction. If judicial review of any 

administrative, licensing, or other proceeding is available, the court originally taking jurisdiction shall 

maintain jurisdiction for purposes of judicial review. 

Source: SL 1973, ch 144, § S (4); SDCL Supp,§ 21-lOA-6; SL 2011, ch 165, § 143. 

34A-10-7. Adjudication by court after administrative proceedings--Additional evidence. Upon 

completion of proceedings under§ 34A-10-5, the court shall adjudicate the impact of the defendant's 

conduct on the air, water, or other natural resources and on the public trust therein in accordance with 

this chapter. In such adjudication the court may order that additional evidence be taken to the extent 

necessary to protect the rights recognized in this chapter. 

Source: SL 1973, ch 144, § 5 (3); SDCL Supp,§ 21-lOA-7. 

34A-10-8. Detrimental conduct prohibited when reasonable alternative available. In any 

administrative, licensing, or other proceedings, as described in § 34A-10-2, and in any judicial review of 

the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural 

resources or the public trust in the resources shall be determined. No conduct may be authorized or 

approved which does, or is likely to pollute, impair, or destroy the air, water, or other natural resources 

or the public trust in the resources, ifthere is a feasible and prudent alternative consistent with the 

reasonable requirements of the public health, safety, and welfare. 

Source: SL 1973, ch 144, § 6 (2); SDCL Supp,§ 21-IOA-8; SL 2011, ch 165, § 144. 

34A-10-9. Defendant rebutting evidence of pollution. When the plaintiff in the action has made a 

prima facie showing that the conduct of the defendant is polluting, impairing, or destroying the air, 

water, or other natural resources or the public trust therein, the defendant may rebut the prima facie 

showing by the submission of evidence to the contrary. 

Source: SL 1973, ch 144, § 4 (!); SDCL Supp,§ 21-lOA-9. 

34A-10-10. Affirmative defense of no reasonable alternative--Burden of proof and weight of 

evidence. The defendant may also show, by way of an affirmative defense, that there is no feasible and 

prudent alternative to defendant's conduct and that such conduct is consistent with the promotion of the 

public health, safety, and welfare in light of the state's paramount concern for the protection of its 

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natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the 

principles of burden of proof and weight of the evidence generally applicable in civil actions in the 

circuit courts shall apply to actions brought under this chapter. 

Source: SL 1973, ch 144, § 4 (1); SDCL Supp,§ 21-lOA-10. 

34A-10-11. Equitable relief against detrimental conduct--Conditions imposed on defendant. The 

court may grant temporary and permanent equitable relief, or may impose conditions on the defendant 

that are required to protect the air, water, and other natural resources or the public trust therein from 

pollution, impairment, or destruction. 

Source: SL 1973, ch 144, § 5 (!); SDCL Supp,§ 21-lOA-11. 

34A-l 0-12. Apportionment of costs. Costs may be apportioned to the parties if the interests of 

justice require. 

Source: SL 1973, ch 144, § 4 (3); SDCL Supp,§ 21-lOA-12. 

34A-10-13. Collateral estoppel--Resjudicata. The doctrines of collateral estoppel and resjudicata 

shall be applied by the court to prevent multiplicity of suits. 

Source: SL 1973, ch 144, § 6 (3); SDCL Supp,§ 21-!0A-13. 

34A-10-14. Chapter supplementary to other procedures. This chapter shall be supplementary to 

existing administrative and regulatory procedures. 

Source: SL 1973, ch 144, § 7; SDCL Supp,§ 21-lOA-14. 

34A-l 0-15. Citation of chapter. This chapter shall be known and may be cited as the "South Dakota 

Environmental Protection Act of 1973." 

Source: SL 1973, ch 144, § 1; SDCL Supp,§ 21-JOA-15. 

34A-10-16. Enforcement action by department. The department need not exhaust its administrative 

remedies, if any exist, before commencing any action to enforce the provisions of Title 34A, 45, or 46. 

Source: SL 1991, ch 288, § 17. 

34A-I0-17. Obtaining voluntary compliance--Administrative settlement agreements. Nothing in this 

chapter prevents the Department of Environment and Natural Resources from obtaining voluntary 

compliance with the provisions of Title 34A, 45, or 46, through warning, conference, settlement, or any 

other appropriate means. The secretary may enter into administrative settlement agreements in regard to 

violations of the provisions of Title 34A, 45, or 46, including stipulated settlements of any civil penalty 

authorized under that title. 

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Source: SL 1992, ch 26, § 9. 

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Attachment 2 

Exhibit F 
34A-6-1.3. Definition of terms, SD ST§ 34A-6-1.3 

South Dakota Codified Laws 

Title 34A. Environmental Protection (Refs & Annos) 

Chapter 3¢-6. Solid Waste Management (Refs & Annas) 

SDCL § 34A-6-i.3 

34A-6-i.3. Definition of terms 

Currentness 

The tenns used in§§ 34A-6-l.l to 34A-6-l.38, inclusive, mean: 

(I) "Actual cost," the planning, developn1ent, operational, remedial and emergency action, closure, 

postclosure, and monitoring costs of a solid waste facility for the lifetime of the project; 

(2) "Board," the Board of Minerals and Environment; 

(3) "Closure," actions taken by the owner or operator of a solid waste facility or site to cease disposal 

operations and to ensure that all such facilities are closed in conformance with applicable regulations at 

the time of such closures and to prepare the site for the postclosure period; 

(4) "Depart111ent/' the Deparunent of Environment and Natural Resources; 

(5) "Facility," a solid waste facility as defined in subdivision (18) of this section; 

(6) "Financial assurance instrument," cash or other instrument as allowed by rule or pennit, submitted by 

an applicant to ensure the owner's financial capability to provide reasonable and necessary compliance 

with the la\vs, regulations and pern1it terms and conditions applicable to the facility during the lifetime 

of the project and for the thirty years following closure, and to provide for the closure of the facility and 

postclosure care required by rules adopted by the board pursuant to chapter 1-26 in the event that the 

operator fails to correctly perfonn closure and postclosure care requirements; 

(7) "Landfill," a solid waste disposal facility or part of a facility where solid waste is permanently placed 

in or on land; 

(8) "Leachate," fluid that has percolated through solid waste and \Vhich contains containinants consisting of 

dissolved or suspended n1aterials, che1nicals, or microbial waste products from the solid waste; 

(9) "Lifetime of the project," the projected period of years that a facility will receive waste, from the time 

of opening until closure. In the case of a landfill this shall be based on the volume of waste to be received 

projected at the time of submittal of the initial project plan and the calculated refuse capacity of the landfill 

based upon the design of the project; 
34A-6-1.3. Definition of terms, SD ST§ 34A-6-1.3 

( l 0) "Mine wastes," waste rock, nibble, or tailings produced as a result of mining or ore processing operations. 

The term does not include other wastes produced at a n1ining operation; 

(IOA) "Perpetuity," the life of the solid waste facility plus an additional fifty years; 

(11) "Person," any individual, partnership, lin1ited liability con1pany, firm, association, 111unicipality, public 

or private corporation, state, tribe, nation, subdivision or agency of a state, tribe or nation, trust, estate, 

or any other legal entity; 

(12) "Postclosure" and "postclosure care," requirements placed upon a solid waste disposal facility after 

closure that will prevent, mitigate or minimize the threat to public health, safety, and welfare and the threat 

to the environment posed by the closed facility; 

(13) "Regional entity," any combination or group of municipalities, counties, or sanitary districts in this state 

operating or seeking to operate in a joint venture, pursuant to chapter 1-24, a solid waste n1anagen1ent 

system or part thereof in compliance with§§ 34A-6-1. t to 34A-6-l .38, inclusive; 

(14) "Resource recovery systen1," the recovery and separation for reuse of fen·ous or nonferrous n1etals, 

glass, alurninun1, paper, organic material, or any other material having a probable potential for reuse and 

the preparation and burning of solid waste as fuel for the production of electricity, steain or heat; 

(15) "Rules," rules promulgated by the board pursuant to the provisions of§§ 34A-6-l.I to 34A-6-l.38, 

inclusive; 

(16) "Secretary," the secretary of environ1nent and natural resources; 

(17) "Solid waste," any garbage, refuse, sludge fron1 a waste treatn1ent plant, water supply treatn1ent plant, or 

air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained 

gaseous material resulting fro1n industrial, conunercial, and agricultural operations, and from comn1unity 

activities, but does not include 1nining waste in connection with a n1ine pennitted under Title 45, hazardous 

waste as defined under chapter 34A-1 l, solid or dissolved materials in domestic sewage or dissolved 

n1aterials in irrigation return tlo\VS or industrial discharges which are point sources subject to pennits under 

section 402 of the Federal Water Pollution Control Act, as amended to January I, 2011, or source, special 

nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January I, 

2011; 

( 18) "Solid waste facility" or "solid waste disposal facility," all facilities and appurtenances connected with 

such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, 

n1aintained, or operated to facilitate the disposal or storage of solid waste; and 
34A-6-1.3. Definition of terms, SD ST§ 34A-6-1.3 

(19) "Solid waste management systen1," the entire process of storage, collection, transportation, processing, 

and disposal of solid wastes by any person. 

Credits 

Source: SL 1989, ch 306, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351. § 68; SL 201 I. ch 165, § 109. 

© 2014 by the State of South Dakota 

S D C L § 34A-6-l.3, SD ST § 34A-6-l.3 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

-----------

End of Documi:ul 
Attachment 2 

Exhibit G 
34A·12·10. Order to take corrective action--lnjunctive ... , SD ST§ 34A·12·10 

South Dakota Codified Laws 

Title 34A. Environmental Protection (Refs & Annas) 

Chapter 34A-12. Regulated Substance Discharges (Refs & Annas) 

SDCL § 34A·12-10 

3¥-12-10. Order to take corrective action--lnjunctive action--Cease and desist order 

Currentness 

If a discharge in violation of§ 34A-12-8 has occurred, or the department has reason to believe that a discharge in 

violation of§ 34A.-12-8 has occurred, the departn1ent shall order the responsible person to take corrective action 

concerning the discharge within a specified thne. If the responsible person fails to con1ply with the department's 

order, the department n1ay file an injunctive action in the circuit court of the county wherein the discharge has 

occurred seeking such corrective action. If the discharge occurs at any operation permitted under Title 34A or 

45 and constitutes a violation of such pern1it, the departn1ent znay order the operation to cease and desist further 

activity for the duration of the corrective action. 

Credits 

Source: SL 1988, ch 291, § 11. 

© 2014 by the State of South Dakota 

SD CL§ 34A-12-10, SD ST§ 34A-12-10 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

Eu<l of Documtn! 
34A-12-11. Injunctive action for emergency remedial efforts, SD ST§ 34A-12-11 

South Dakota Codified Laws 

Title 34A. Environmental Protection (Refs & Annas) 

Chapter 3').A-12. Regulated Substance Discharges (Refs & Annos) 

SDCL § 3').A-12-11 

3').A-12-11. lnjl!llctive action for emergency remedial efforts 

Currentness 

The depart1nent may file an action in circuit court for prelin1inary and permanent injunctive relief\vhenever the 

secretary determines emergency remedial efforts are necessary to prevent. contain, control, or mitigate a discharge. 

Credits 

Source: SL 1988, ch 291, § 12. 

© 2014 by the State of South Dakota 

SD CL§ 34A-12-l l, SD ST§ 34A-12-l l 

Current through the 2013 Regular Session and Supreme Court Rule 13-17 

End of D11n11ncnt