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

South Dakota Codified Laws

Title 1. StateAffairs and Government (Refs & Annos)

Chapter 1-!LAttorney General (Refs & Annos) SDCL § 1-11-4 i-11-4. Assistant attorneys general--Appointment andcompensation--Powers--Oath Currentness The attorney general may appoint such assistant attorneys general as may be necessary for efficient perfom1ance ofhis duties and n1ay fix their compensation but no expenditure for any such purposes in excess ofthe an1ounts appropriated bythe Legislature is authorized. The appointments ofsuch assistants shall be in writing and filed in the Office ofthe Secretary ofState. Such assistant attorney general shall have the sa111e power and authority as the attorney general, and he shall, before entering upon the duties ofhis 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 ofSouth Dakota SDCL§ 1-11-4,SDST§ 1-11-4 Current through the 2013 Regular Session and Supreme Court Rule 13-17

# Attachment 2 ExhibitA

### 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CHAPTER 34A-1 l HAZARDOUS WASTE MANAGEMENT 34A-l l-I Public policy. 34A-11- I.I Repealed. 34A-1 l-2 Definitions. 34A-ll-3 Department designated as state agency under federal law. 34A-1 l-4 Functions ofdepartment and board. 34A-l l-4.l Executed.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-ll-7 Employment ofpersonnel. 34A-l l-8 Rules identifying characteristics and listing hazardous wastes. 34A-l 1-9 Promulgation ofrules governing hazardous wastes--Civil penalty for violation. 34A-11-9.I to 34A-11-9.3. Transferred. 34A-l 1-10 Notification ofhazardous 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 ofcosts 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 ofpermit--Grounds. 34A-1 l-16 Inspection offacilities and records--Monitoring equipment--Reports. 34A-11-16.1 Annual fee for inspection and monit01ing. 34A-11-17 Notice and order for correction ofviolation. 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-11-2l Violations classified as felonies. 34/\-11-22 Public access to information--Confidential information excepted--Disclosure ofprotected information as misdemeanor. 34A-1 l-23 Otherrights to abate nuisances and pollution unaffected. 34A-11-24 Hazardous waste revolving fund--Administration--Use offunds. 34A- l l-25 Disposal fee levied by state--Records. 34A-l 1-?6 County or municipal disposal fee--Distribution offee shares. 34A-1 l-1. Public policy. It 

### is the public policy ofthis state to regulate the control and generation, transportation, treatment, storage, and disposal ofhazardous wastes to protect the public health, safety, and welfare, protect the environment, prevent pollution ofair, water, soil, and other natural resources of this state, and prevent the creation ofnuisances. It 

### is the purpose ofthis chapter to enhance this public policy through a comprehensive regulatory program ofhazardous 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.

http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=34A-11 &

### Type=StatuteChapter 0512112014Untitled Page Page 2 of9 34A-ll-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 ofMinerals and Environment; (2) "Department," the Department ofEnvironment and Natural Resources; (3) "Disposal," the discharge, deposit, injection, dumping, spilling, leaking, orplacing ofany hazardous waste into oron any land, air, orwater so that such hazardous waste or any constituent thereofmay enterthe environment, or be emitted into air, or discharged into any waters, including groundwaters; (4) "Hazardous waste," a solid waste and combination ofsolid wastes, as defined in subdivision 34A-6-1.3(17), which because ofits quantity, concentration, orphysical, chemical, or infectious characteristics may cause, or significantly contributeto an increase in mortality oran increase in serious irreversible orincapacitating reversible illness, orpose a substantial present orpotential hazard to hnman health orthe environment when improperly treated, stored, transported, ordisposed of, orotherwise managed but does not include radioactive materials regulated pursuantto chapter 34-2I; (5) "Hazardous waste management," the systematic control ofthe collection, source separation, storage, transportation, processing, treatment, recovery, and disposal ofhazardous waste; (6) "Hazardous waste management facility," any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, recovery, ordisposal ofhazardous 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 ofhazardous waste during its transportation from the point ofgeneration to the point ofdisposal, treatment, or storage; (8) "Person," any individual, paiinership, limited liability company, firm, association, municipality, public orprivate corporation, subdivision, or agency ofthe state or the United States government, trust, estate, interstate body, or any other legal entity; (9) "Secretary," secretary ofthe Department ofEnvironment and Natural Resources; (10) "Storage," the containment ofhazardous waste, either on a temporary basis or for a period ofyears, in such a marmer as not to constitute disposal ofsuch hazardous waste; (11) "Treatment," any method, technique, orprocess, including neutralization, designed to change the physical, chemical, or biological character orcomposition ofany hazardous waste so as to render such waste less hazardous ornonhazardous, safer for transport, amenable for recovery, amenable for storage, orreduced in volume. Such term includes any activity orprocessing designed to change the physical form or chemical composition ofhazardous 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 ofthe Federal Resource Conservation Recovery Act as amended to Jannary 1, 20I 1, and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-6I6), as amended to January 1, 2011. Source: SL 1983, ch 262, § 3; SL 1986, ch 295, § 31; SL 2011, ch 165, 

### § 145. 34A-ll-4. Functions ofdepartment and board. The Department ofEnvironment and Natural Resources shall perform all the functions ofthe former public health advisory committee, the former http://!egis.sd.gov /Statutes/PrinterStatute.aspx?Statute=34A-11&Type=StatuteChapter 05/2112014Untitled Page Page 3 of9
state health officer, and the Department ofHealth with respect to the control ofhazardous waste management pursuant to this chapter. However, the Board ofMinerals 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-ll-5. Cooperation with other agencies and groups. The Department ofEnvironment and Natural Resources may advise, consult, and cooperate with other agencies ofthe state, otherstates, the federal government, and affected groups and industries in the formulation ofplans for, and implementation of, hazardous waste management. 

### Source: SL 1983, ch 262, §5. 34A-l 1-6. Acceptance ofloans and grants. The Department ofEnvironment 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 ofpersonnel. In accordance with the laws ofthe 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 ofthis chapter. 

### Source: SL 1983, ch 262, §7. 34A-11-8. Rules identifying characteristics and listing hazardous wastes. The Board ofMinerals and Environment may promulgate rules, pursuantto 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 ofwastes 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 ofrules governing hazardous wastes--Civil penalty for violation. The Board ofMinerals and Environment may promulgate rules, pursuant to chapter 1-26, governing the generation, transportation, treatment, storage, and disposal ofhazardous wastes necessary to execute the provisions ofthis chapter. The rules may include ownership, location, design, construction, operation, and maintenance ofhazardous waste management facilities, financial responsibility, personnel training, record keeping, reporting, labeling, monitoring, containeruse, inspections, closure, post-closure procedures and requirements, contingency planning, enforcement, and use ofa manifest system to assure all hazardous wastes are designated for treatment, storage, ordisposal 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 http://legis.sd.gov /Statutes/PrinterStatute.aspx?Statute=34A-11 &Type=StatuteChapter 05/21/2014Untitled Page Page4 of9 January 1, 2011, and the regulations adopted pursuant to that Act. A violation ofthe rules adopted pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars perday ofviolation, orfor damages to the environment ofthis 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 ofhazardous waste activity required--Civil penalty for violation. Any person generating, transporting, treating, storing, or disposing ofa hazardous waste shall file with the secretary ofenvironment and natural resources a notification ofhazardous waste activities. The notification shall be in accordance with rules promulgated pursuantto chapter 1-26 by the Board of Minerals and Environment. No hazardous waste subject to this chaptermay be transported, treated, stored, or disposed ofunless notification has been given as required in this chapter. A violation ofthis section is subjectto a civil penalty not to exceed ten thousand dollars per day of violation, orfor damages to the environment ofthis 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 ofenvironment and natural resources regarding a violation of this chapter. The secretary may conduct an investigation ofthe alleged violation and make a written report ofthe investigation to the person. Ifthe 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-l2. Facility permits required--Issuance, modification, revocation, suspension, or denial-- Te1m--Civil penalty for violation. No hazardous waste treatment, storage, ordisposal management facility may be owned, constructed, modified, or operated except in accordance with a permit issued by the Board ofMinerals and Environment. A violation ofthis section is subject to a civil penalty not to exceed ten thousand dollars perday ofviolation, orfor damages to the environment ofthis state, orboth. The board may issue, modify, suspend, revoke, or deny permits, in accordance with chapter 1-26, for the ownership, construction, modification, and operation ofhazardous 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 ofissuance and may be renewed for periods offive 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 ofcosts and fees. The department shall assess an initial application fee offifty thousand dollars for the processing ofall hazardous waste disposal facility applications. The department shall assess a fee of twenty-five thousand dollars for the processing ofall hazardous waste disposal facility amendments and renewals. The applicant shall pay the fee upon the filing ofan application, amendment, orrenewal for a hazardous waste disposal facility. In addition to this fee, the department may assess the applicant those amounts in excess ofthe initial filing fee for expenses associated with processing the application, http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=34A-l 1 &Type=StatuteChapter 05/2J/'..l014Pntitled Page Page 5 of9 amendment, orrenewal. The department shall provide the applicant with an itemized statement ofall costs associated with the processing ofthe application, amendment, orrenewal. The applicant shall submit payment ofall costs in excess ofthe initial fee within thirty days ofthe receipt ofthe 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 bepayable to the Department of Environment and Natural Resources for deposit in the hazardous waste revolving fund established pursuantto§ 34A-11-24. The incineration orthermal destruction ofhazardous waste shall be considered disposal for the purpose ofthis 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 ofMinerals 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 ofplans, specifications, and other information as maybe necessary to execute the provisions ofthis chapter. The board may promulgate rules allowing the issuance ordenial ofa permit by the Department ofEnvironment and Natural Resources following notice and opportunity for a hearing before the board on the department's proposed decision. Source: SL 1983, ch262, § 13. 34A-ll-l4. Terms and conditions ofpermits--Civil penalty for violation. Any permit issued pursuant to this chaptermay 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 pursuantto this chapter. A violation ofthe terms ofthe permit is subject to a civil penalty not to exceed ten thousand dollars perday ofviolation, or for damages to the environment ofthis state, or both. Source: SL 1983, ch 262, § 14; SL 1992, ch 158, §54. 34A-ll-15. Revocation, modification, or suspension ofpermit--Grounds. Any permit issued pursuant to this chaptermay be revoked, modified, or suspended, in whole or in part, during its term for cause, including the following: (1) Violation ofany condition ofthe permit; (2) Obtaining a permit by misrepresenting or failing to disclose fully all relevant facts; or (3) A change in condition or discovery ofnewinformation which requires a temporaiy or permanent reduction, ortermination ofthe permitted activity. Source: SL 1983, ch 262, § 15; SL 2011, ch 165, 

### § 148. 34A-1l-l6. Inspection offacilities and records--Monitoring equipment--Reports. The secretary of environment and natural resources may: (1) Enter and have access atreasonable times to any facility used for generation, transportation, treatment, storage, ordisposal ofhazardous waste and monitoring equipment related thereto; (2) Inspect and obtain samples from any person ofany hazardous wastes or suspected hazardous wastes, and ofany containers or labeling for such wastes; a receipt for any sainples and a http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=34A-I I&Type=StatuteChapter 05/21/2014Untitled Page Page 6 of9 copy ofany 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 ofmonitoring equipment or methods necessary to ensure compliance with this chapter; (5) Require the preparation and submission ofreports or other infonnation by any person who generates, stores, treats, transports, disposes of, or otherwise handles orhas 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 oftwenty-five thousand dollars for the inspection, investigation, and monitoring ofeach hazardous waste disposal facility disposing ofmore than five hundred tons ofhazardous waste per annum. The fee shall be payable to the department one year from the date ofthe issuance ofthe permit ofthe facility and on that same date each yearthereafter until operations under the pennitcease and the facility is properly closed withthe exception ofthose 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 pursuantto§ 34A-l 1-24. The incineration orthennal destruction ofhazardous wastes shall be considered disposal for the purpose ofthis section. Source: SL 1990, ch 289, §3. 34A-1l-l7. Notice and order for correction ofviolation. Ifthe secretary ofenvironment and natural resources detennines that a person is in violation ofthis chapter, or any rule promulgated pursuant to this chapter, the secretary may cause written notice and an orderto 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 ofany 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 orrevocation ofa pennit issued under this chapter. Forpurposes ofthis chapter, service by mail is considered complete on the date ofmailing. 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 ofenvironment and natural resources before the thirtieth day. Ifa request is submitted by mail, it is considered to have been submitted on the date ofmailing. The secretary shall notify the Board ofMinerals and Environment ofreceipt ofa request for a hearing. The board shall conduct a public hearing. Notice ofthe hearing consistent with 

### § 1-26-17 shall be sentto the alleged violator and published in a newspaper ofgeneral circulation in the county where the violation is alleged to have occurred. The board may affirm, reverse, ormodify the notice ofviolation 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, orin addition to, issuance of a notice ofviolation and order, the secretary ofwater and natural resources may bring an action in the http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=3 4A-11 &Type=StatuteChapter 05/2112014.Untitled Page Page 7 of9 circuit court ofthe county where the violation occurred, or is threatening to occur, for injunctive or other appropriate relief. Source: SL 1983, ch 262, § 19. 34A-ll-20. Repealed by SL 1992, ch 158, 

### § 55. 34A-1 l-2l. Violations classified as felonies. Any person who knowingly transports a hazardous waste to an unpermitted facility; who knowingly treats, stores, or disposes ofhazardous waste without a permit or in violation ofa permitterm or condition; or who makes any false statement orrepresentation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for purposes ofensuring compliance with this chapter is guilty ofa Class 4 felony. Source: SL 1983, ch 262, § 21. 34A-ll-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. 

### Ifthe secretary ofenvironment and natural resources determines that a record, report, orinformation reveals methods orprocesses 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 ofthe state or federal government concerned with executing the provisions ofthis chapter, or ifrelevant, 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 ofa Class 1 misdemeanor. Source: SL 1983, ch 262, 

### § 22; SL 2005, ch 10, 

### § 32. 34A-ll-23. Otherrights to abate nuisances and pollution unaffected. Nothing in t11is chapter abridges or alters any rights ofaction 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 ofthe person's rights in equity orunder the common law or statutory law to suppress nuisances orto abate pollution. Source: SL 1983, ch 262, §23; SL 2011, ch 165, § 150. 34A-l l-24. Hazardous waste revolving fund--Administration--Use offunds. 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 ofall moneys from all lawful public and private sources including legislative appropriations, federal grants, gifts, fees received pursuantto 

### §§ 34A-ll-12.

### l and 34A-1l-l6.l and interest on investments made onmoney in the fund. The fund shall be maintained separately and be administered by the Department ofEnvironment 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 ofthe fund but may not be expended for any purpose except the investigation and inspection ofhazardous waste management http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=34A-11&Type=StatuteChapter 05/21/2014Untitled Page Page 8 of9 facilities or the processing ofhazardous 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 ofthese 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-ll-25. Disposal fee levied by state--Records. Because ofthe additional environmental risks attending hazardous waste disposal facilities, a hazardous waste disposal fee offifty dollars per ton or part thereofofany hazardous waste is hereby levied and imposed upon the disposal ofhazardous waste at any hazardous waste disposal facility permitted under this chapter, excluding the disposal of hazardous waste disposed ofin a process ofenergy 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 ofany other fee charged by the operator or ownerofa hazardous waste disposal facility. The incineration or thermal destruction ofhazardous waste shall be considered disposal for the purpose ofthis fee. The hazardous waste disposal fee imposed bythis section shall be paid by the owner ofthe hazardous waste disposal facility and remitted to the state treasury. The obligation ofthe owner to pay the fee accrues at the time hazardous waste is disposed ofat a hazardous waste disposal facility. The fee imposed by this section shall be payable on or before the fifteenth day ofthe month next succeeding the month in which the fee accrued together with a return on such form orforms as may beprescribed by the secretary ofrevenue. Each owner ofa facility who is required to pay the fee imposed by this section shall keep complete and accurate records in such form as the board orthe secretary ofrevenue, 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 pursuantto § 46A-l-82. Source: SL 1990, ch 289, § 5. 34A-11-26. County ormunicipal disposal fee--Distribution offee shares. In addition to the hazardous waste disposal fee assessed by the state under§ 34A-11-25, a county ormunicipality may impose and levy a hazardous waste disposal fee upon the disposal ofhazardous waste at any hazardous waste disposal facility within, or operated under, itsjurisdiction excludingthose facilities disposing of hazardous waste in a process ofenergy recovery. Fees imposed under this section are in addition to all otherfees and taxes levied by law. The incineration or thermal destruction ofhazardous waste is considered disposal for the purpose ofthis fee. The fee imposed by this section shall be paid by the owner ofthe hazardous waste disposal facility and remitted to the county or municipal treasurer. The obligation ofthe owner to pay the fee accrues at the time hazardous waste is disposed ofat a hazardous waste disposal facility. The owner ofthe facility may collect these fees from persons disposing ofhazardous waste atthe owner's facility. The fee imposed by this section is payable on or before the fifteenth day ofthe month next succeeding the month in which the fee accrued together with a return on forms prescribed by the county ormunicipal treasurer. Eachperson required to pay the fee imposed by this section shall keep complete and accurate records in a form required by the county ormunicipal treasurer. The county or municipality may distribute shares ofthis fee to the municipalities and school districts within its boundary as it deems appropriate considering the location ofthe facility and the impacts on the representationjurisdiction. Source: SL 1990, ch 289, § 6; SL 2011, ch 165, 

### § 151. http://legis.sd.gov /Statutes/PrinterStatute.aspx?Statute=34A-11 &Type=StatuteChapter 05/21/2014

### .Untitled Page Page 9 of9

http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=34A-11 &

### Type=StatuteChapter 05/21/2014

# Attachment 2 Exhibit B1-40-4.1. Limitation on stringency ofcertain rules, SD ST§ 1-40-4.1

South Dakota CodifiedLaws

Title !. StateAffairs 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 ofcertainrules 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, § l00.

© 2014 by the State ofSouth 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 C1-26-6.6. Incorporation by reference to generally available.. ., SD ST§ 1-26-6.6

South Dakota CodifiedLaws

Title 1. StateAffairs andGovernment (Refs & Annos)

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) SDCL § 1-26-6.6 1-26-6.6. Incorporation byreferenceto generally available materials-- Description--Reference note--Identification ofagency andrule Currentness An agency n1ay adoptothercon1prehensive regulations as its own bymaking reference to them in a rule, but only when the comprehensive regulations are published by an organization which is not part ofthe 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 ofthe publication which is being incorporated. In11nediately following a rule which incorporates published material by reference, other than material contained in the code offederal 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 ofpublication, or enactlnent and author, and which states where the publication may be obtained and its cost, ifany. A state1nent shall be attached to the face ofthe publication which shall state the agency's name, the section nu1nber ofthe 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 ofSouth 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 ufD11runwnt1-26-16. Notice and hearing required in contested cases, SD ST§ 1-26-16

South Dakota Cotlified Laws

Title I. StateAffairs andGovernment (Refs & Annos)

Chapter 1-26. AdministrativeProcedure andRules (Refs & Annos) SDCL § 1-26-16 1-26-16. Notice andhearingrequiredincontested cases Currentness In acontested 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 ofSouth Dakota SD CL§ 1-26-16, SD ST§ 1-26-16 Current through the 2013 Regular Session and Supreme Court Rule I3-17 End of DonmH'lll1·26-16.1. Repealed by SL 1983, ch 7, SD ST§ 1-26-16.1

South DakotaCodified Laws

Title I. StateAffairs and Government (Refs & Annas)

Chapter 1-26. Administrative Procedure andRules (Refs & Annas) SDCL § 1-26-16.1 1-26-16.I. RepealedbySL 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 ofDocumru!1-26-17. Contents of notice in contested cases, SD ST§ 1-26-17

South Dakota Codified Laws

Title 1. StateAffairs andGovernment (Refs & Annos)

Chapter 1-26. Administrative Procedure andRules (Refs & Annos) SDCL § 1-26-17 1-26-17. Contents ofnotice in contestedcases Currentness The notice shall include: (I) A statement ofthe tin1e, place, and nature ofthe hearing; (2) A statement ofthe legal authority andjurisdiction under which the hearing is to be held; (3) A reference to the particular sections ofthe statutes and rules involved; (4) A short and plain statement ofthe matters asserted. Ifthe 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 ofthe issues involved. Thereafter upon application atnore definite and detailed statement shall be furnished; (5) A statement ofany action authorized by la\v, which may affect the parties, as a result ofany decision

made at the hearing, whether it be the revocation ofalicense, the assessment ofafine 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 ifaproperty right may be terminated) any party to the contested case may require the agency to use the Office ofHearing Examiners bygivingnotice ofthe requestto the agency no later than ten days afterservice ofanotice ofhearing issued pursuant to§ 1-26-l7; (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 ofDecisions (3) © 2014 by the State ofSouth 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 CodifiedLaws

Title 1. StateAffairs and Government (Refs & Annos)

Chapter 1-26. Administrative Procedure and Rules (Refs & Annas) SDCL § 1-26-17.1 1-26-17.1. Interventionin contested casebypersonwith pecuniaryinterests 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, iftimely application therefor is 111ade. Credits Source: SL l978, ch 13, § 5.

Notes ofl)ccislons (2) © 2014 by the State ofSouth Dakota SD CL§ l-26-17.1, SD ST§ l-26-17.1 Currentthrough the 2013 Regular Session and Supreme Court Rule 13-17 End ofJ)ocunwut1-26-18. Rights ofparties at hearings on contested..., SD ST§ 1-26-18

South Dakota Codified Laws

Title 1. StateAffairs and Government (Refs &Annos)

Chapter 1-26.Administrative Procedure and Rules (Refs & Annos) SDCL § 1-26-18 1-26-18. Rights ofparties athearings on contestedcases--Summarydisposition ofce1tain cases Currentness Opportunity shall be afforded all parties to respond and presentevidence on issues offact and argu1nent on issues oflaw or policy. Ho\vever, each agency, upon the motion ofany.party, n1ay dispose ofany defense or clain1: (1) If the pleadings, depositions, ans\vers to interrogatories, and admissions on file, together with the

affidavits, ifany, show that there is no genuine issue as to any 1naterial fact and a party is entitled to a judgment as a matter oflaw; or (2) At the close ofthe evidence offered by the proponent ofthe defense or claim ifit determines that the

evidence offered by the proponent ofthe defense or claim is legally insufficient to sustain the defense orclainL A party to a contested case proceeding may appear in person orby counsel, orboth, 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 ofthe party's interest, and n1ay have subpoenas issued to co1npel attendance ofwitnesses and production ofevidence 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 ofSouth 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 Dun11nen11-26-18.1, 1·26-18.2. Repealed by SL 1995, ch 8, §§ 14, 15, SD ST§ 1-26-18.2

South DakotaCodifiedLaws

Title L StateAffairs and Government (Refs & Annos)

Chapter i-26.Administrative Procedure andRules (Refs & Annos) SDCL § i-26-1R2 1-26-18.1, 1-26-18.2. Repealedby SL 1995, ch 8, §§ 14, 15

© 2014 by the State ofSouth 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'nt1-26-18.3. Request to use Office of Hearing Examiners in..., SD ST§ 1-26-18.3

South Dakota CodifiedLaws

Title 1. StateAffairs 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 ofHearingExaminersin ce1tain contestedcases Cun·entness In any contested case, ifthe amount in controversy exceeds two thousand five hundred dollars or ifa property right may be tenninated, any party to the contested case may require the agency to use the Office ofHearing Examiners bygiving notice ofthe request no laterthan ten days after se1vice ofanotice ofhearing issued pursuant to* 1-26-17. This section does notapply to any contested case beforethe Public Utilities Commission. Credits Source: SL 1995. ch 8, § 18; SL 2003, ch 18, §I: SL 2007, ch 7. § 2.

© 2014 by the State ofSouth 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 ofDrn:umcnl1-26-19. Rules ofevidence in contested cases, SD ST§ 1-26-19

South Dakota CodifiedLaws

Title L StateAffairs and Government (Refs & Annos)

Chapter 1-26, Administrative Procedure andRules (Refs & Annos) SDCL § 1-26-19 1-26-19, Rules ofevidencein contestedcases 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 ofcivil cases in the circuit courts ofthis state, or as may be provided in statutes relating to the specific agency, shall be followed. When necessary to ascertain facts not reasonably susceptible ofproofunder those rules, evidence not otherwise admissible thereunder may be admitted except where precluded by statute ifit is of a type commonly relied upon by reasonably prudent persons in the conduct oftheir affairs. Agencies shall give effect to the rules of privilegerecognizedby 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 ofthe parties will not be prejudiced substantially. any part ofthe evidence may be received in written**form~** (2) Aparty may conduct cross-examinations required for a full and true disclosure ofthe facts; (3) Notice may be taken ofjudicially 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 ofthe matters to be noticed, and those matters shall be noted in the record, referred to therein, orappended thereto. Any such party shall be given areasonable opportunity on request to refute the officially noticed 1natters by evidence or by written or oral presentation of authority, the manner ofsuch 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 ofDecisions (J 1) © 2014 by the State ofSouth 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 Don1mc11l1-26-19.1. Administration of oaths--Subpoena powers--Witness..., SD ST§ 1-26-19.1

South Dakota Codified Laws

Title L StateAffairs and Government (Refs & Annos)

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) SDCL § 1-26-19.1 1-26-19.LAdministration ofoaths--Subpoena powers--Witnessfees--Disobedience ofsubpoena Currentness Each agency and the officers thereofcharged with the duty to adn1inister the laws ofthis state and rules ofthe agency shall have powerto administer oaths as providedby 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 ofa person to obey the subpoena issued pursuant to this chapter may be punished as a conten1pt ofcourt in the mannerprovided by chapter 21-34. Credits Source: SL 1972, ch 8, § 21.

Notes ofDecisions (I) © 20l 4 by the State ofSouth 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 ofDocuuwnl.1-26-19.2. Depositions ofwitnesses, SO ST§ 1-26-19.2

South Dakota Codified Laws

Title I. StateAffairs and Government (Refs & Annos)

Chapter 1-26.Administrafo•e Procedure andRules (Refs & Annas) SDCL § 1·26-19.2 1-26-19.2. Depositions ofwitnesses Cun·entness Each agency and the officers thereofcharged with the duty to administer the laws and rules ofthe agency shall have power to cause the deposition ofwitnesses 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, ifany, in like manner that depositions ofwitnesses 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 bythe State ofSouth Dakota SDCL§ 1-26-19.2, SD ST§ 1-26-19.2 Current through the 2013 Regular Session and Supreme Court Rule 13-17 End ofDocunwui1·26-20. Agreed disposition ofcontested cases, SD ST§ 1-26-20

South Dakota CodifiedLaws

Title I. StateAffairs and Government (Refs & Annos) Chapter 1-26. Administrative Procednre andRules (Refs & A.nnos) SDCL § 1-26-20 1-26-20. Agreed disposition ofcontestedcases CUITentness Unlessprecludedby Jaw, infonnal disposition may bemade ofany contestedcaseby stipulation, agreed settlen1ent, consent order, or default. Credits Source: SL 1966, ch 159, § 9 (4).

© 2014 by the State ofSouth 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 DakotaCodified Laws

Title I. StateAffairs andGovernment (Refs & Annos) Chapter 1-26. Administrative Procedure andRules (Refs & Annos) SDCL § 1-26-21 1-26-21. Contents ofrecordin contested cases Currentness The record in acontested case shall include: (I)All pleadings, motions, intermediate rulings; (2) Evidence received and considered; (3) A statement ofmatters officially noticed which have been refuted; (4) Questions and offers ofproof, objections, and rulings thereon; (5) Proposed findings and exceptions; (6) Any decision, opinion, or report by the officer presiding at the hearing; (7) All staffmemoranda or data submitted to the hearing officer or men1bers ofthe agency in connection

with their consideration ofthe case. Credits Source: SL 1966, ch 159, § 9 (5); SL 1972, ch 8, § 23.

Notes ofDecisions (4) © 2014 by the State ofSouth 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)fOocumN1t1-26-22. Transcript in contested cases-Minutes in lieu oftranscript, SO ST§ 1-26-22

South Dakota Codified Laws

Title I. StateAffairs and Government (Refs & Annos) Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) SDCL § 1-26-22 1-26-22.Transc1ipt incontested cases--Minutesin lieu oftranscript Currentness Whenever a party requests in writing that oral proceedings be transcribed, a verbatim record ofall 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. Iftranscribed, a copy ofthe record shall be furnished to any other party to the hearing at the request and expense ofsuch other party. Ifno verbatim record is transcribed, the agency shall prepare minutes ofthe hearing. The n1inutes shall consist ofa written summary ofthe evidence and proceedings. Credits Source: SL 1966, ch 159, § 9 (6); SL 1972, ch 8, § 24; SL 1978, ch 13, § 7.

Notes ofDecisions (3) © 2014 by the State ofSouth Dakota SD CL§ 1-26-22, SD ST§ 1-26-22 Current through the 2013 Regular Session and Supreme Court Rule 13-17 End ufDut:umcrH1-26-23. Basis for findings in contested cases, SD ST§ 1-26-23

South DakotaCodified Laws

Title 1. StateAffairs and Government (Refs & Annos)

Chapter i-26.Administrative Procedure andRules (Refs&. Atmos) SDCL § 1-26-23 1-26-23. Basis for findings in contested cases Currentness Findings offact shall be based exclusively on the evidence and on n1atters officially noticed. Credits Source: SL 1966, ch 159, § 9 (7).

© 2014 by the State ofSouth Dakota SDCL§ 1-26-23, SD ST§ 1-26-23 Current through the 2013 Regular Session and Supreme Court Rule 13-17 Ent! of Dotuml•nJ1-26-24. Tentative or proposed decision served on..., SD ST§ 1-26-24

South Dakota CodifiedLaws

Title 1. StateAffairs andGovernment (Refs & Atmos) Chapter 1-26.Administrative Procedure and Rules (Refs & Annos) SDCL § 1-26-24 i-26-24. Tentative orproposeddecision servedonparties--Contents--Waiver Currentness When in a contested case a majority ofthe officials ofthe 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 orproposed 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. Thetentative orproposed decision shall contain a statement ofthe reasons therefor and findings offact on each issue and conclusions oflaw 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, § II; SL 1972, ch 8, § 25.

Notes ofTJccisions (2) © 2014 by the State ofSouth Dakota SD CL§ l-26-24, SD ST§ 1-26-24 Currentthrough the 2013 Regular Session and Supreme Court Rule 13-171-26-25. Fonn, contents and notice of decisions, orders and findings, SD ST§ 1-26-25

South DakotaCodified Laws

Title 1. StateAffairs and Government (Refs & Annas)

Chapter 1-26. AdministrativePrncedure andRules (Refs & Annos) SDCL § i-26-25 i-26-25. Form, contents andnotice ofdecisions, orders andfindings 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 ofnew action \vithin the scope ofthe notice ofhearing. It shall include findings offact and conclusions oflaw, separately stated. Findings offact, if set forth in statuto1y language, shall be acco1npanied by a concise and explicit state111ent ofthe 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 ofany decision or order. Upon request a copy ofthe decision or order shall be delivered or 1nailed forthwith to each party and to his attorney ofrecord. Credits Source: SL 1966, ch 159, § 12; SL 1978, ch 13, § 8.

Notes ofDecisions (26) © 2014 by the State ofSouth Dakota SD CL§ l-26-25, SD ST§ 1-26-25 Current through the 2013 Regular Session and Supreme Court Rule 13-171-26-26. Ex parte consultations by agency personnel--lnvestigating..., SD ST§ 1-26-26

South Dakota Codified Laws

Title i. StateAffairs and Government (Refs & Annos)

Chapter 1-26. Administrative Procedure and Rules (Refs & Annos) SDCL § 1-26-26 1-26-26. Ex parte consultationsby agencypersonnel--lnvestigating officer disqualifiedfrom decision onhearing--Authorized communications Currentness Unless required for the disposition ofex parte matters authorized by law. 1nernbers ofthe governing board or officers or employees ofan agency assigned to render a decision or to make findings offact and conclusions of law in a contested case shall notcommunicate, directly or indirectly, in connection with any issue offact, with any person orparty, nor, in connection with any issue ofla\v, with any party orhis representative, exceptupon notice and opportunity for all parties to participate. Ifone or more men1bers ofa board or conunission or a rnetnber or en1ployee ofan 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 ofthe 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 orrender the decision, the agency shall appoint son1eone pursuant to 

### Sl-26-18. l to fulfill those duties. A person assigned to render a decision: (I)May communicate with othermembers ofthe agency; and (2) May have the aid and advice ofone 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,referredto in this section, was repealed by SL 1995, ch 8, § 14.

Notes ofDecisions (5) © 2014 by the State ofSouth 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 ofDoctrnH·nt1-26-27. License proceeding treated as contested case, SD ST§ 1-26-27

South DakotaCodified Laws

Title L StateAffairs and Government (Refs &Annos)

Chapter I-26. Administrative Procedmeand Rules (Refs & Annos) SDCL § I-26-27 1-26-27. License proceeding treated as contestedcase Currentness When the grant, denial, or renewal ofa license is required to be preceded by notice and opportunity for hearing! or an applicant, aparty or an agency requests ahearing, the provisions ofthis chapter concerning contested cases apply. Credits Source: SL 1966, ch 159, § 14 (l); SL 1973, ch JO.

Noles ofDecisions (6) © 2014 by the State ofSouth 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 D1-27-1. Public records open to inspection and copying, SD ST§ 1-27-1

South DakotaCodifiedLaws

Title 1. StateAffairs andGovernment (Refs & Annos) Chapter i-27. PublicRecords and Files (Refs & Atmos) SDCL § 1-27-1 1-27-1. Public records opento inspection and copying Currentness Except as otherwise expressly providedby statute, all citizens ofthis state, and all otherpersons interested in the examination ofthepublicrecords, as defined in§ l-27-l.t, are herebyfully empoweredandauthorizedto examine suchpublic record, andmake meinoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction ofbusiness 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 shall 1 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 orofficial. 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 ofDecisions ( 13) © 2014 by the State ofSouth Dakota SDCL§ 1-27-1, SD ST§ 1-27-1 Currentthrough the 2013 Regular Session and Supreme Court Rule 13-17 End ofDw:umcnt1-27-28. Definition ofterms, SD ST§ 1-27-28

South DakotaCodifiedLaws

Title I. StateAffairs and Government (Refs & Annos)

Chapter 1-27. PublicRecords andFiles (Refs & A1mos) SDCL § 1-27-28 1-27-28. Definition ofterms 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) "Stateagency," any association, authority, board, commission, con1n1ittee, council, departn1ent, division,

office, officer, task force, or other agent ofthe 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 PublicUtilities Co1nmission, the Departn1entofEnvironmentandNatural Resources! any la\v enforcement agency, or any unit oflocal govem1nent, orjoint venture comprised oflocal governments; (3) "Financial investigation, exan1ination, or audit," any examination conductedbya state agency ofaprivate

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 thatprivate 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 orpotential, 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 oruse; and (b) Is the subject ofefforts 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 ofSouth Dakota SD CL§ 1-27-28, SD ST§ 1-27-28 Current through the 2013 Regular Session and Supreme Court Rule 13-171-27-28. Definition ofterms, SD ST§ 1-27-28

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

South DakotaCodified Laws

Title L StateAffairs and Government (Refs & Annos)

Chapter 1-27. PublicRecords and Files (Refs & Annos) SDCL § 1-27-29 1-27-29. Disclosure ofinformation concerningptivate entityrestticted Currentness No state agency may disclose that it is conducting a financial investigation, examination, or audit ofa 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 ofSouth Dakota SD CL§ 1-27-29, SD ST§ 1-27-29 Current through the 2013 Regular Session and Supreme Court Rule 13-17 End ofDm:umcnt1-27-30. Confidentiality of proprietary ortrade information oL, SD ST§ 1-27-30

South DakotaCodified Laws

Title L StateAffairs andGovernment {Refs & Annos)

Chapter 1-27. Public Records and Files (Refs & Annos) SDCL § 1-27-30 i-27-30. Confidentiality ofproprietary ortradeinformation ofprivate 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 ofSouth 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 Dnnunoll1-27-31. Circumstances allowing for disclosure of information..., SD ST§ 1-27-31

South Dakota CodifiedLaws

Title I. StateAffairs and Government (Refs & Annos)

Chapter 1-27. PnblicRecords and Files (Refs & Annos) SDCL § 1-27-31 1-27-3i. Circumstances allowing for disclosure ofinfo1mation concerningprivateentity Currentness A state agency may disclose thatit isconducting afinancial investigation, examination, or audit ofaprivate 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 thepurpose ofinvestigating and enforcing civil orcriminal n1atters. The \Vritten request will specify the particular infonnation desired and the purpose for \Vhich the information is requested; (4) To any administrative orjudicial body ifthe information is directlyrelated to the resolution ofan issue in

the proceeding, orpursuantto an administrative orjudicial order. However, no person n1ay use a subpoena, discovery, orother applicable statutes to obtain such information; (5) To another state pursuantto an agreementbetweenthe StateofSouth Dakota and the other state, butonly

ifthe otherstate agrees to keep the informationconfidential as setfotth 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 offederal law; (8) To the extent necessary to submit any final repm1s or filings which are otherwise required by law to be

prepared orfiled; (9) Repealed by SL 2004, ch 25, § 4. (10) To comply with federal law, rules, orprogram delegation requirements; or1-27-31. Circumstances allowing for disclosure of information..., SD ST§ 1-27-31 (11) To the extent necessary to protect the health or welfare ofthe citizens ofthis state or nation pursuant to

acourt order obtained under the sa1ne process as orders issued pursuant to § l5-6-65(b). Credits Source: SL 1996, ch 12, § 4: SL 1997, ch 13, § I; SL 2004, ch 25, §4.

© 2014 by the State ofSouth 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 EUntitled Page Page I of6

CHAPTER 34A-l0 REMEDIES FORPROTECTION OF ENVIRONMENT 34A- I0-1 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 ofsecurity for cleanup and remediation ofenvironmental problems. 34A-10-2.4 Authority to promulgate rules regarding terms and release ofsecurity and its disposition upon expiration ofpermit or license. 34A-10-2.5 Failure to comply with order--Injunctive relief. 34A-10-3 Security required ofplaintiff. 34A- l 0-4 Appointment ofmaster 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-J0-17 Judicial review by court originally takingjurisdiction. Adjudication by court after administrative proceedings--Additional evidence. Detrimental conduct prohibited when reasonable alternative available. Defendant rebutting evidence ofpollution.

Affirmative defense ofno reasonable alternative--Burden ofproofand weight of Equitable reliefagainst detrimental conduct--Conditions imposed on defendant. Apportionment ofcosts. Collateral estoppel--Resjudicata. Chapter supplementary to other procedures. Citation ofchapter. Enforcement action by department. Obtaining voluntary compliance--Administrative settlement agreements. 34A-l0-1. Parties entitled to maintain actions against pollution. The attorney general, any political subdivision ofthe state, any instrumentality, or agency ofthe state or ofa political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity may maintain an action in the circuit courthavingjurisdiction where the alleged violation occurred for declaratory and equitable reliefagainst the state, any political subdivision thereof, any instrumentality or agency ofthe state or ofa political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity for the protection ofthe air, water, and other natural resources and the public trust therein from pollution, impairment, or destruction. This section does not confer a right ofaction to challenge the issuance ofa permit or license where the plaintiffhas been notified ofan agency proceeding in which the issues ofenvironmental harm complained ofmighthave been considered unless the agency refused to hearthe complaint at such hearing. Actual notice ornotice 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.

http:/ /legis.sd.gov /Statutes/PrinterStatute.aspx?Statute=34A- IO&Type=StatuteChapter 05/21/2014Untitled Page Page 2 of6 34A-10-2. Parties entitled to intervene in proceedings involving pollution. 

### Ifadministrative, licensing, or otherproceedings, andjudicial review thereofare available by law, the agency may permit the attorney general, any political subdivision ofthe state, any instrumentality or agency ofthe state or ofa political subdivisionthereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity to intervene as a party onthe filing ofa pleading with the agency asserting thatthe proceeding oraction forjudicialreview involves conduct which has the effect ofpolluting, impairing, or destroying the air, water, or other natural resources or the public trust therein. Suchpleading shall be filed at least three days before the last agency evidentiary hearing conducted before the issuance ofa 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-l0-2.1. 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 ofMinerals and Environment for a pem1it, a license, or an extension, amendment, orrenewal ofan existing permit or license, which authorizes activity that could result in a significantrisk ofpollution, contamination, or degradation ofthe environment and that is not covered by a performance or damage bond or other financial assurance instrument, may be required, as a condition ofthe permit, to provide financial assurance guaranteeing the performance ofco1Tective 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 ofcredit, 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 orthe Board ofMinerals and Environment under any provision ofthis title, Title 45, orTitle 46 for the protection ofthe environment or reclamation oflands or other resources shall be in the state until the board by orderreleases the security. The bond or other security does not constitute an asset ofthe person required to provide it, and may not be cancelled, assigned, revoked, disbursed, replaced, or allowed to tenninate without board approval. The bond orother 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 ofcredit, trust, guarantee, or cash deposit. The board may pennitthe use offinancial assurance otherthan a bond, including company net worth considerations. Interest earned on any bond or deposit made under § 34A-l0-2.1 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 ofsecurity for cleanup and remediation ofenviromnental problems. The state, with such board or court approval, ifany, 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 ofenvironmental 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 ofcollecting any properly http://legis.sd.gov /Statutes/PrinterStatute.aspx?Statute=34A-1O&Type=StatuteChapter 05/21/2014Untitled Page Page 3 of6 recoverable cost incunedby the state in pursuing the cleanup, environmental damages, or penalties. Until the environmental cleanup or remediation is complete, any state cost, environmental damage, and penaltyjudgments have been satisfied and the security has been released by the board, the security may not be assigned for the benefit ofcreditors, attached, garnished, levied, or executed on, or subject to process issued from any court; except for the purpose ofenabling the state to effectuate the environmental cleanup orremediation. 

### Source: SL 1989, ch 306, 

### § 70. 34A-l0-2.4. Authority to promulgate rules regarding terms and release ofsecurity and its disposition upon expiration ofpermit 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 ofsecurity required and otherterms as necessary to define the respective obligation ofthe parties; (2) The procedure to follow and the circumstances under which the state or applicant may obtain board approval for the release ofthe security; and (3) Conditions under which the security may be held by the state after the expiration ofthe permit or license. 

### Source: SL 1989, ch 306, § 71. 34A-10-2.5. Failure to comply withorder--Injunctive relief. The secretary ofthe Department of Environment and Natural Resources may bring an action without furnishing ofbond, for an injunction against any person who fails to comply with an orderissued by the secretary orany official under the secretary's supervision having authority to issue such order by vittue ofthis title, Title 45, orTitle 46. The court to which the department applies for an injunction may issue a temporary injunction, ifit finds tl1ere is reasonable cause to believe that the allegations ofthe department are true, and it may issue a temporary restraining orderpending 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 ofplaintiff. Ifthe court has reasonable ground to doubt the solvency of the plaintifforthe plaintiffs ability to pay any cost orjudgment which might be rendered against the plaintiffin an action brought under this chapter, the comt may orderthe plaintiffto 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 ofmaster 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 ofhis orher 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 http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=34A-lO&Type=StatuteChapter 05/21/2014Untitled Page Page 4 of6 required or available to determine the legality ofthe defendant's conduct, the court shall remit the parties to suchproceedings. The proceedings shall be conducted in accordance with and subject to the provisions ofchapters 34A-l and 34A-2. In so remitting the court may grant temporary equitable relief ifnecessary for the protection ofthe air, water, and other natural resources orthe publictrust in such resources from pollution, impairment, or destruction. In so remitting the court shall retainjurisdiction of the action pending completion ofthe action for the purpose ofdetermining 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-l0-6. Judicial review by court originally takingjurisdiction. If judicial review ofany administrative, licensing, or otherproceeding is available, the court originally takingjurisdiction shall maintainjurisdiction 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 ofproceedings under§ 34A-10-5, the court shall adjudicate the impact ofthe 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 orderthat 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 anyjudicial review of the proceedings, any alleged pollution, impairment, or destruction ofthe 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 ofthe 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. Defendantrebutting evidence ofpollution. When the plaintiffin the action has made a prima facie showing thatthe conduct ofthe defendant is polluting, impairing, or destroying the air, water, or other natural resources orthe public trust therein, the defendant may rebut the primafacie showing by the submission ofevidence to the contrary. Source: SL 1973, ch 144, § 4 (!); SDCL Supp,§ 21-lOA-9. 34A-10-10. Affirmative defense ofno reasonable alternative--Burden ofproofand weight of evidence. The defendant may also show, by way ofan affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that such conduct is consistent with the promotion ofthe public health, safety, and welfare in light ofthe state's paramount concern for the protection ofits http:l/legis.sd.gov /Statutes/PrinterStatute.aspx?Statute=34A-IO&Type=StatuteChapter 05/21/2014Untitled Page Page 5 of6 natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the principles ofburden ofproofand weight ofthe 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 reliefagainst 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-l0-12. Apportionment ofcosts. Costs may be apportioned to the parties ifthe interests of justice require. 

### Source: SL 1973, ch 144, § 4 (3); SDCL Supp,§ 21-lOA-12. 34A-10-13. Collateral estoppel--Resjudicata. The doctrines ofcollateral estoppel and resjudicata shall be applied by the courtto prevent multiplicity ofsuits. 

### 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-l0-15. Citation ofchapter. 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, ifany exist, before commencing any action to enforce the provisions ofTitle 34A, 45, or46. 

### Source: SL 1991, ch 288, § 17. 34A-I0-17. Obtaining voluntary compliance--Administrative settlement agreements. Nothing in this chapterprevents the Department ofEnvironment and Natural Resources from obtaining voluntary compliance with the provisions ofTitle 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 ofthe provisions ofTitle 34A, 45, or46, including stipulated settlements ofany civil penalty authorized under that title. http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=34A-1O&Type=StatuteChapter 05/21/2014

### Untitled Page Page 6of6 Source: 

### SL 1992, ch 26, 

### § 9.

http://legis.sd.gov/Statutes/PrinterStatute.aspx?Statute=34A- IO&Type=StatuteChapter 05/21/2014

# Attachment 2 Exhibit F34A-6-1.3. Definition ofterms, SD ST§ 34A-6-1.3

South Dakota CodifiedLaws

Title 34A. EnvironmentalProtection (Refs & Annos) Chapter 3¢-6. SolidWaste Management (Refs & Annas) SDCL § 34A-6-i.3 34A-6-i.3. Definition ofterms 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 ofasolid waste facility for the lifetime ofthe project; (2) "Board," the Board ofMinerals 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 ofsuch closures and to prepare the site for the postclosure period; (4) "Depart111ent/' the Deparunent ofEnvironment and Natural Resources; (5) "Facility," a solid waste facility as defined in subdivision (18) ofthis 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 ofthe project and for the thirty years following closure, and to provide for the closure ofthe 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 ofa 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 ofthe project," the projected period ofyears that a facility will receive waste, from the time

ofopening until closure. In the case ofa landfill this shall be based on the volume ofwaste to be received projected at the time ofsubmittaloftheinitialprojectplan and the calculatedrefuse capacity ofthe landfill based upon the design ofthe project;34A-6-1.3. Definition ofterms, SD ST§ 34A-6-1.3

( l0) "Minewastes,"waste rock, nibble,ortailingsproduced as aresult ofminingororeprocessingoperations.

The term does not include other wastes produced at a n1ining operation; (IOA) "Perpetuity," the life ofthe 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 ofa 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 orminimize the threat to public health, safety, and welfare and the threat to the environment posed by the closed facility; (13) "Regional entity," any combination orgroup ofmunicipalities, counties, or sanitary districts in this state

operating or seeking to operate in ajoint venture, pursuant to chapter 1-24, a solid waste n1anagen1ent system orpart thereofin compliance with§§ 34A-6-1.t to 34A-6-l .38, inclusive; (14) "Resource recovery systen1," the recovery and separation for reuse offen·ous or nonferrous n1etals,

glass, alurninun1, paper, organic material, or any other material having a probable potential for reuse and the preparation and burning ofsolid waste as fuel for the production ofelectricity, 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 ofenviron1nent and natural resources; (17) "Solid waste," any garbage, refuse, sludge fron1 awaste treatn1entplant, water supply treatn1entplant, or

airpollution control facility and other discarded materials, including solid, liquid, semisolid, orcontained gaseous material resulting fro1n industrial, conunercial, and agricultural operations, and from comn1unity activities, butdoes not include 1niningwaste in connectionwith an1ine pennittedunderTitle45, hazardous waste as defined under chapter 34A-1 l, solid or dissolved materials in domestic sewage or dissolved n1aterials in irrigationreturn tlo\VS orindustrial discharges whicharepointsources subjecttopennitsunder section 402 ofthe Federal Water Pollution Control Act, as amended to January I, 2011, or source, special nuclear orby-product material as defined by the Atomic Energy Act of 1954, as amended to January I, 2011; ( 18) "Solid waste facility" or "solidwaste 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 ofsolid waste; and34A-6-1.3. Definition ofterms, SD ST§ 34A-6-1.3 (19) "Solid waste management systen1," the entire process ofstorage, collection, transportation, processing,

and disposal ofsolid 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 ofSouth 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 ofDocumi:ul

# Attachment 2 Exhibit G34A·12·10. Orderto take corrective action--lnjunctive..., SD ST§ 34A·12·10

South Dakota CodifiedLaws

Title 34A. Environmental Protection (Refs & Annas)

Chapter34A-12. Regulated Substance Discharges (Refs & Annas) SDCL § 34A·12-10 3¥-12-10. Orderto take corrective action--lnjunctive action--Cease and desist order Currentness Ifa dischargeinviolation of§ 34A-12-8 has occurred, orthe 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. Ifthe responsible person fails to con1ply with the department's order, the department n1ay file an injunctive action in the circuit court ofthe county wherein the discharge has occurred seeking such corrective action. Ifthe discharge occurs at any operation permitted under Title 34A or 45 and constitutes a violation ofsuch pern1it, the departn1ent znay order the operation to cease and desist further activity for the duration ofthe corrective action. Credits Source: SL 1988, ch 291, § 11.

© 2014 by the State ofSouth 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 DakotaCodified Laws

Title 34A. EnvironmentalProtection (Refs & Annas)

Chapter 3').A-12. Regulated Substance Discharges (Refs & Annos) SDCL § 3').A-12-11 3').A-12-11. lnjl!llctive action for emergencyremedial 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 toprevent. contain,control, ormitigate adischarge. Credits Source: SL 1988, ch 291, § 12.

© 2014 bythe State ofSouth 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 ofD11n11ncnt