reglab/housing_qa huggingface dataset:
SD Codified L § 34A-1-16 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-16 - Specification of fuels permitted in state--Violation.

34A-1-16. Specification of fuels permitted in state--Violation.The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 that specify the kind or composition of fuels permitted to be sold, stored or used within the state if it is deemed by the board to be necessary for the achievement of ambient air quality standards. Any person who violates these rules is subject to §34A-1-39. Source: SDCL, §34-16A-16 as added by SL 1973, ch 222, §2; SDCL Supp, §34-16A-22.1; SL 1980, ch 238, §13; SL 1992, ch 158, §9; SL 1993, ch 256, §4.
SD Codified L § 34A-1-17 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-17 - Contamination within plant excluded from jurisdiction.

34A-1-17. Contamination within plant excluded from jurisdiction.Nothing in this chapter shall be construed to grant to the department or board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops. Source: SL 1970, ch 203, §17; SDCL Supp, §34-16A-23.
SD Codified L § 34A-1-18 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-18 - Emission control and open burning requirements--Local control--Nonconformance as violation.

34A-1-18. Emission control and open burning requirements--Local control--Nonconformance as violation.The Board of Minerals and Environment, for the purpose of controlling pollution, shall by rules promulgated pursuant to chapter 1-26 establish emission control requirements and reasonable requirements for open burning. The requirements may vary from area to area, as may be appropriate to facilitate accomplishment of the purposes of this chapter, and in order to take necessary or desirable account of varying local conditions. Any general prohibition against all open burning shall be determined by each municipality or by each county for areas outside the boundaries of the municipalities. The board may not adopt any rule generally prohibiting all open burning, but any board rule regulating open burning shall be only as is necessary to address a specific problem. Any person who allows an emission which does not conform to a requirement in force pursuant to this section is subject to §34A-1-39. Source: SL 1970, ch 203, §9; SDCL Supp, §34-16A-24; SL 1977, ch 280, §10; SL 1977, ch 281, §1; SL 1980, ch 238, §14; SL 1992, ch 158, §10; SL 1993, ch 256, §5.
SD Codified L § 34A-1-19 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-19 - Emission control methods and devices required--Permission to use alternative methods--Violation.

34A-1-19. Emission control methods and devices required--Permission to use alternative methods--Violation.If the board finds that there are methods, machines, devices, or construction features which are reasonably feasible that will prevent or significantly reduce the emission of air resulting in pollution and that the public interest will be served by preventing or reducing the emission, it may require the use of such methods and the installation of such features, machines, or devices. However, the owner or operator of an air contaminant source may use any methods, construction features, machines, or devices which are as effective as those required by the board. The owner or operator of an air contaminant source may apply to the board for permission to use alternative methods, construction features, machines, or devices upon a showing by the owner or operator that the alternative methods, construction features, machines, or devices are as effective as those required by the board. Any person who violates this section is subject to §34A-1-39. Source: SL 1970, ch 203, §7; SDCL Supp, §34-16A-26; SL 1973, ch 222, §6; SL 1992, ch 158, §11; SL 2011, ch 165, §11.
SD Codified L § 34A-1-20 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-20 - Maintenance of motor vehicle emission control devices--Violation.

34A-1-20. Maintenance of motor vehicle emission control devices--Violation.The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 to control emissions from motor vehicles by the proper maintenance of all emission control equipment with which the vehicle was equipped at the time of original purchase. Any violation of these rules is subject to §34A-1-39. Source: SL 1973, ch 222, §3; SDCL Supp, §34-16A-26.1; SL 1980, ch 238, §15; SL 1992, ch 158, §12; SL 1993, ch 256, §6.
SD Codified L § 34A-1-21 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-21 - Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without a permit or in violation of permit conditions as misdemeanors.

34A-1-21. Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without a permit or in violation of permit conditions as misdemeanors.The board may prohibit, by rules promulgated pursuant to chapter 1-26, the installation, alteration, or use of any machine, equipment, device, or other article which it finds may cause or contribute to air pollution or is intended primarily to prevent or control the emission of air pollutants, unless a permit therefor has been obtained from the board or the secretary. Any person in violation of these rules is subject to §34A-1-39.The board may require that applications for such permits shall be accompanied by plans, specifications, and such other information as the board deems necessary.The board, by rules promulgated pursuant to chapter 1-26, shall provide for the issuance, suspension, revocation, and renewal of any permits which it may reasonably require pursuant to this section. Procedures shall provide for a recommendation on such a permit matter by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or an adversely affected person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation.A violation of a condition of a permit issued pursuant to this section is subject to §34A-1-39.Any person who, without a permit, commits an action for which a permit is required is guilty of a Class 1 misdemeanor. Any violation of a permit condition is a Class 2 misdemeanor and is subject to §34A-1-39. Source: SL 1970, ch 203, §7; SDCL Supp, §34-16A-27; SL 1977, ch 280, §11; SL 1980, ch 238, §16; SL 1991, ch 288, §5; SL 1992, ch 158, §13; SL 1992, ch 254, §94.
SD Codified L § 34A-1-22 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-22 - Prevention of stationary pollution sources not in compliance.

34A-1-22. Prevention of stationary pollution sources not in compliance.The department may enjoin the construction, modification, or operation of any stationary source of air pollution at any location where the emissions from such sources will prevent the attainment and maintenance of compliance with rules and regulations adopted by the board. Source: SDCL, §34-16A-16 as added by SL 1973, ch 222, §2; SDCL Supp, §34-16A-27.1; SL 1992, ch 158, §14.
SD Codified L § 34A-1-23 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-23 - Particular manufacturer not to be favored by requirements.

34A-1-23. Particular manufacturer not to be favored by requirements.Nothing in §34A-1-19 or 34A-1-21 authorizes the board to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices, or equipment otherwise available. Source: SL 1970, ch 203, §7; SDCL Supp, §34-16A-28; SL 2011, ch 165, §12.
SD Codified L § 34A-1-36 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-36 - Municipal and county programs approved by board--Application to state facilities.

34A-1-36. Municipal and county programs approved by board--Application to state facilities.Each municipality and each county may, with the approval of the Board of Minerals and Environment, establish and thereafter administer within its jurisdiction an air pollution control program which provides by ordinance or local law for requirements as strict or more strict and more extensive than those imposed by this chapter and rules issued under this chapter, or, upon prior review and approval by the board, less restrictive requirements. The air pollution control jurisdiction authorized pursuant to this section applies to state facilities located within the boundaries of the municipality or county if the municipality or county has been found to be in violation of National Ambient Air Quality Standards. Source: SL 1970, ch 203, §§9, 14; SDCL Supp, §§34-16A-25, 34-16A-41; SL 1979, ch 241; SL 2011, ch 165, §20.
SD Codified L § 34A-1-37 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-37 - Municipal and county cooperation with other agencies.

34A-1-37. Municipal and county cooperation with other agencies.Any municipality or county may administer all or part of its air pollution control program in cooperation with one or more municipalities or counties of this state or of other states provided that the requirements of other statutes relating to cooperative agreements are met. Source: SL 1970, ch 203, §14; SDCL Supp, §34-16A-42.
SD Codified L § 34A-1-38 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-38 - Control of air contaminant sources beyond capability of local authority.

34A-1-38. Control of air contaminant sources beyond capability of local authority.If the board finds that the control of a particular class of air contaminant source is beyond the reasonable capability of the local or county air pollution control authorities, the department may assume and retain jurisdiction over that class of air contaminant source. Source: SL 1970, ch 203, §14; SDCL Supp, §34-16A-43.
SD Codified L § 34A-1-39 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-39 - Civil action for violation--Penalty.

34A-1-39. Civil action for violation--Penalty.Any person subject to this section, as provided in this chapter, is liable for a civil penalty not to exceed ten thousand dollars per day of violation or for damages to the environment of the state, or both. An action for the recovery of a civil penalty shall, upon demand, be tried to a jury. Source: SL 1970, ch 203, §15; SDCL Supp, §34-16A-44; SL 1973, ch 222, §7; SL 1977, ch 190, §31; SL 1977, ch 280, §13; SL 1988, ch 291, §17; SL 1990, ch 283, §2; SL 1992, ch 158, §15; SL 2011, ch 165, §21.
SD Codified L § 34A-1-40 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-40 - Investigations on board's own initiative--Petition by local board or electors.

34A-1-40. Investigations on board's own initiative--Petition by local board or electors.The board may upon its own initiative cause to be investigated the alleged pollution of the air or any other violation of this chapter including the violation of any regulations issued pursuant to this chapter, or such investigation shall be made upon the verified petition of the governing body of any municipality or any municipal or county board of health or any fifteen electors of the state. Source: SDCL, §34-16A-11 as added by SL 1971, ch 204, §1; SDCL Supp, §34-16A-44.1; SL 1992, ch 60, §2.
SD Codified L § 34A-1-41 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-41 - Entry for inspection to determine compliance--Refusal of access prohibited.

34A-1-41. Entry for inspection to determine compliance--Refusal of access prohibited.Any duly authorized officer, employee, or representative of the department may enter and inspect that part of any property, premise, or place in which the officer, employee, or representative has reasonable grounds to believe is the source of air pollution at any reasonable time for the purpose of investigating the air pollution or of ascertaining the state of compliance with this chapter and rules promulgated pursuant to this chapter. No person may refuse entry or access to any authorized representative of the department who requests entry for the purpose of investigation, and who presents appropriate credentials; nor may any person obstruct, hamper, or interfere with any such investigation. Source: SL 1970, ch 203, §8; SDCL Supp, §34-16A-46; SL 1973, ch 222, §8; SL 2011, ch 165, §22.
SD Codified L § 34A-1-42 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-42 - Report of inspection furnished to owner or operator.

34A-1-42. Report of inspection furnished to owner or operator.If requested, the owner or operator of the premises inspected pursuant to §34A-1-41 shall receive a report setting forth all the facts found which relate to compliance status. Source: SL 1970, ch 203, §8; SDCL Supp, §34-16A-47.
SD Codified L § 34A-1-43 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-43 - Hearings by board--Procedural powers.

34A-1-43. Hearings by board--Procedural powers.In addition to any other powers conferred on it by law the board may hold hearings relating to any aspect of or matter in the administration of this chapter, and in connection with the hearings, exercise the powers granted by chapter 1-26. Source: SL 1970, ch 203, §5 (2); SDCL Supp, §34-16A-48; revised pursuant to SL 1972, ch 15, §4; SL 2011, ch 165, §23.
SD Codified L § 34A-1-44 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-44 - Issuance and enforcement of orders.

34A-1-44. Issuance and enforcement of orders.In addition to any other powers conferred on it by law the board may issue orders necessary to effectuate the purposes of this chapter and enforce the provisions of this chapter by all appropriate administrative and judicial proceedings. Source: SL 1970, ch 203, §5 (3); SDCL Supp, §34-16A-49; SL 2011, ch 165, §24.
SD Codified L § 34A-1-45 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-45 - Emergency order for immediate reduction or discontinuance of emissions.

34A-1-45. Emergency order for immediate reduction or discontinuance of emissions.If the secretary finds that any person is causing or contributing to air pollution and that such pollution creates an emergency by causing imminent danger to human health or safety and requires immediate action to protect human health or safety, the secretary shall order the person to reduce or discontinue immediately the emission of air contaminants. The emergency order is effective immediately on service upon the person responsible for the emission, and any person to whom such an order is directed shall comply with the order immediately. Source: SL 1970, ch 203, §11; SDCL Supp, §34-16A-50; SL 2011, ch 165, §25.
SD Codified L § 34A-1-46 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-46 - Hearing requested on emergency order--Action by board.

34A-1-46. Hearing requested on emergency order--Action by board.Upon the request for a hearing by any person or persons named in an order served pursuant to §34A-1-45, the secretary shall proceed under chapter 1-26. Following the completion of such proceedings, the board shall affirm, modify or set aside the order of the secretary. Source: SL 1970, ch 203, §11; SDCL Supp, §34-16A-51; revised pursuant to SL 1972, ch 15, §4.
SD Codified L § 34A-1-47 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-47 - Notice of violation--Order for corrective action--Civil penalty.

34A-1-47. Notice of violation--Order for corrective action--Civil penalty.If the secretary has reason to believe that a violation of any provision of this chapter or rule promulgated pursuant to this chapter has occurred, the secretary may cause written notice to be served upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, and the facts alleged to constitute a violation of this chapter, and may include an order that necessary corrective action be taken within a reasonable time. Any person who violates an order 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, or both. Source: SL 1970, ch 203, §10; SDCL Supp, §34-16A-53; SL 1977, ch 280, §14; SL 1990, ch 283, §3; SL 1992, ch 158, §15A; SL 2011, ch 165, §26.
SD Codified L § 34A-1-48 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-48 - Hearing requested on order for corrective action--Time allowed.

34A-1-48. Hearing requested on order for corrective action--Time allowed.Any order issued pursuant to §34A-1-47 becomes final unless, no later than twenty days after the date the notice and order are served, the person named in the order requests in writing a hearing before the board. Upon such request, the board shall proceed in compliance with chapter 1-26. Source: SL 1970, ch 203, §10; SDCL Supp, §34-16A-54; revised pursuant to SL 1972, ch 15, §4; SL 1977, ch 280, §15; SL 2011, ch 165, §27.
SD Codified L § 34A-1-49 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-49 - Contested case proceeding in lieu of order--Consent agreement.

34A-1-49. Contested case proceeding in lieu of order--Consent agreement.In lieu of an order, the board chair may schedule a contested case under chapter 1-26 before the board. Nothing in this chapter prevents the department from notifying an alleged violator of violations and negotiating a consent agreement instead of initiating proceedings under §34A-1-47. Any consent agreement shall be approved by the board. Source: SL 1970, ch 203, §10; SDCL Supp, §34-16A-55; revised pursuant to SL 1972, ch 15, §4; SL 1977, ch 280, §16; SL 2011, ch 165, §28.
SD Codified L § 34A-1-50 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-50 - Board orders after hearing.

34A-1-50. Board orders after hearing.If, after proceedings held pursuant to §34A-1-48 or 34A-1-49, the board finds that a violation or violations have occurred, it shall affirm or modify any order previously issued under §34A-1-47 by the board chairman, or issue an appropriate order or orders for the prevention, abatement, or control of the emissions or air pollution involved. If, after proceedings on an order contained in a notice the board finds that no violation is occurring, it shall rescind the order. Source: SL 1970, ch 203, §10; SDCL Supp, §34-16A-57; SL 1977, ch 280, §17.
SD Codified L § 34A-1-51 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-51 - Time allowed for corrective action in board order.

34A-1-51. Time allowed for corrective action in board order.Any order issued as part of a notice or after proceedings under chapter 1-26 shall prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the emissions of air pollution. Source: SL 1970, ch 203, §10; SDCL Supp, §34-16A-58.
SD Codified L § 34A-1-52 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-52 - Enforcement remedies not barred by actions for penalties.

34A-1-52. Enforcement remedies not barred by actions for penalties.Action pursuant to §34A-1-39 or the second paragraph of §34A-1-14 is not a bar to enforcement of this chapter or rules in force pursuant to this chapter, and orders made pursuant to this chapter by injunction or other appropriate remedy. Source: SL 1970, ch 203, §15; SDCL Supp, §34-16A-59; SL 1977, ch 280, §18; SL 2011, ch 165, §29.
SD Codified L § 34A-1-53 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-53 - Voluntary compliance effort not precluded.

34A-1-53. Voluntary compliance effort not precluded.Nothing in this chapter prevents the department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means. Source: SL 1970, ch 203, §10; SDCL Supp, §34-16A-61; SL 2011, ch 165, §30.
SD Codified L § 34A-1-54 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 01 - Air Pollution Control|Section 34A-1-54 - Private remedies unimpaired.

34A-1-54. Private remedies unimpaired.Nothing in this chapter abridges, limits, or otherwise impairs the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceedings for damages or other relief. Source: SL 1970, ch 203, §15; SDCL Supp, §34-16A-62; SL 2011, ch 165, §31.