reglab/housing_qa huggingface dataset:
SD Codified L § 34A-2A-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02A - Chemigation|Section 34A-2A-3 - Promulgation of rules regarding standards and requirements.

34A-2A-3. Promulgation of rules regarding standards and requirements.The Water Management Board, with the assistance of the chief engineer, shall establish, by rules promulgated pursuant to chapter 1-26:(1)Chemigation equipment standards, performance standards, and installation requirements; and(2)Requirements regarding the use and location of antipollution devices.The requirements and standards established pursuant to this section may provide for additional protection if chemigation involves the application of a pesticide, rather than a fertilizer. Source: SL 1988, ch 286, §3.
SD Codified L § 34A-2A-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02A - Chemigation|Section 34A-2A-4 - Entry by chief engineer to determine compliance.

34A-2A-4. Entry by chief engineer to determine compliance.The chief engineer may enter upon the land of a person as provided in §46-2-19 for the purpose of determining whether such person is in compliance with the provisions of this chapter and any rules promulgated pursuant to this chapter. Source: SL 1988, ch 286, §4.
SD Codified L § 34A-2B-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-1 - Definitions.

34A-2B-1. Definitions.Terms used in this section mean:(1)"Corrective action," any action taken to minimize, contain, eliminate, remediate, mitigate, and clean up a discharge from a livestock operation, including any necessary emergency remedial action;(2)"Corrective action cost," any cost incurred by the department in the investigation of a discharge from a livestock operation; in the corrective action that is required if the secretary determines that a discharge has occurred, or a potential for a discharge exists but an owner, operator, or liability fund capable of performing the corrective actions either cannot be identified, refuses, or is unable to undertake the corrective actions; or the performance of reasonable measures undertaken to prevent or mitigate damage to the public health, safety, welfare, or environment of the state;(3)"Department," the Department of Agriculture and Natural Resources;(4)"Discharge," an intentional or unintentional act or omission which results in the release, spill, leak, escape, or disposal of manure or other materials or wastes associated with livestock operations that have not been contained or managed properly and are a source of harm or a threat of harm to public health, safety, or the environment, and must be corrected. The term excludes any allowable discharge from a livestock operation made in compliance with the conditions of a state environmental permit;(5)"Emergency remedial effort," any action taken to protect the public health, safety, or the environment from imminent danger resulting from a discharge or threatened discharge, and any action taken to contain a discharge which, if not contained, will in time pose a greater threat to the public health, safety, or the environment than if such action is not immediately taken;(6)"Environment," land, including public and private property, surface and underground waters, fish, wildlife, biota, air, and other such resources within the state;(7)"Person," public or private corporations, companies, associations, societies, firms, limited liability companies, partnerships, cooperatives, joint stock companies, individuals, the United States, this state and any of its political subdivisions and agencies, and any other state;(8)"Responsible person," a person who has caused a discharge of manure or other material or waste associated with livestock operations, or a person who is an owner or operator of a livestock operation at any time during or after the discharge, or a person otherwise jointly or severally liable under law for the discharge; and(9)"Secretary," the secretary of the Department of Agriculture and Natural Resources. Source: SL 1998, ch 216, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-2B-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-2 - Environmental livestock cleanup fund--Sources of funding.

34A-2B-2. Environmental livestock cleanup fund--Sources of funding.There is hereby established in the state treasury an operating fund to be known as the environmental livestock cleanup fund for the purpose of providing funds for the cleanup of discharges as defined in §34A-2B-1. Money from the following sources shall be deposited into the environmental livestock cleanup fund:(1)Money, other than criminal fines assessed in criminal actions, recovered by the state from any livestock operation in any action or administrative proceeding based upon violation of the state's environmental statutes in Title 34A or upon damage to the environment, including actions for administrative expense recoveries, civil penalties, compensatory damages, and money paid pursuant to any agreement, stipulation, or settlement in such actions or proceedings;(2)Interest attributable to investment of the money in the fund; and(3)Money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of the environmental livestock cleanup fund.All money in the environmental livestock cleanup fund is continuously appropriated for the purposes specified in §34A-2B-3. All money received by the department for the environmental livestock cleanup fund shall be set forth in an informational budget pursuant to §4-7-7.2 and be annually reviewed by the Legislature. Source: SL 1998, ch 216, §3.
SD Codified L § 34A-2B-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-3 - Expenditure of funds by secretary.

34A-2B-3. Expenditure of funds by secretary.If necessary in the performance of duties under the environmental statutes in Title 34A, the secretary may expend money from the environmental livestock cleanup fund to provide for the costs of investigations, emergency remedial efforts, corrective actions, and managerial or administrative activities associated with such activities resulting from a discharge. The secretary's use of the environmental livestock cleanup fund shall be based upon the following:(1)In the case of an investigation, when the secretary determines that a discharge has probably occurred and that the general operating budget of the department for such purposes is not adequate to cover the costs of the necessary investigatory activities;(2)In the case of an emergency remedial effort, when the secretary determines that a discharge has occurred and that corrective actions shall be immediately undertaken to protect an imminent threat to the public health or safety or to contain a discharge which, if not immediately contained, will in time pose a significantly greater threat to public health or safety or to the environment of this state than if such action is not immediately taken;(3)In the case of a discharge not of an emergency nature when the secretary determines that a discharge has occurred, that a responsible party or liability fund capable of performing the corrective actions either cannot be identified or refuses to undertake corrective actions, and that corrective actions shall be undertaken to protect the public health, safety, welfare, or environment of the state; or(4)In the case of corrective action required at a livestock operation when the secretary determines that the potential for a discharge exists, that an owner, operator, or liability fund capable of performing the corrective actions either cannot be identified, refuses or is unable to undertake corrective actions, and that corrective action must be undertaken to protect against an imminent threat to the public health, safety, welfare, or environment of the state. Source: SL 1998, ch 216, §6.
SD Codified L § 34A-2B-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-4 - Disbursement of funds.

34A-2B-4. Disbursement of funds.The department shall perform all administrative functions relative to the environmental livestock cleanup fund and corrective actions funded by it. Disbursements from the environmental livestock cleanup fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary. Source: SL 1998, ch 216, §7.
SD Codified L § 34A-2B-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-5 - Reimbursement for corrective actions.

34A-2B-5. Reimbursement for corrective actions.The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the environmental livestock cleanup fund. The secretary may seek recovery of other funds expended by the department as a result of a discharge through actions brought under the provisions of Title 34A. Source: SL 1998, ch 216, §8.
SD Codified L § 34A-2B-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-6 - Compliance with conditions of permits--Discharge.

34A-2B-6. Compliance with conditions of permits--Discharge.The discharge of manure and other materials or wastes associated with livestock operations is prohibited unless pursuant to and in compliance with the conditions of permits issued in accordance with environmental statutes in Title 34A. Source: SL 1998, ch 216, §9.
SD Codified L § 34A-2B-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-7 - Violation--Corrective action.

34A-2B-7. Violation--Corrective action.If a discharge in violation of §34A-2B-6 has occurred, or the department has reason to believe that a discharge in violation of §34A-2B-6 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. If the responsible person fails to comply with the department's order, the department may file an injunctive action in the circuit court of the county wherein the discharge has occurred seeking such corrective action. If the discharge occurs at any operation permitted under Title 34A and constitutes a violation of such permit, the department may order the operation to cease and desist further activity for the duration of the corrective action. This section is supplementary to other remedies available to the department under Title 34A. Source: SL 1998, ch 216, §10.
SD Codified L § 34A-2B-8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-8 - Judicial remedies.

34A-2B-8. Judicial remedies.The department may file an action in circuit court for preliminary and permanent injunctive relief if the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge. Source: SL 1998, ch 216, §11.
SD Codified L § 34A-2B-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-9 - Violator's liability for expenses.

34A-2B-9. Violator's liability for expenses.Any person who has caused a discharge in violation of §34A-2B-6 is strictly liable for the corrective action costs expended by the department. Source: SL 1998, ch 216, §12.
SD Codified L § 34A-2B-10 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-10 - Lien on property--Notice--Priority of lien--Exceptions.

34A-2B-10. Lien on property--Notice--Priority of lien--Exceptions.All corrective action costs expended pursuant to this section constitute a lien on the property where the discharge occurs when a notice of lien is filed with the register of deeds in the county in which the property is located. The notice of lien shall contain a description of the property of the responsible person upon which the lien is made, a description of the property from which the discharge requiring corrective action or emergency remedial efforts occurred, and a statement of the corrective action costs expended from the environmental livestock cleanup fund. Upon entry, the lien shall attach to all real property of the responsible person. The lien has priority over all other claims or liens on the property, except those which had been perfected before the department's filing of the notice of lien. No lien may be filed if a responsible person cannot be identified or if negligence was not a factor in the discharge. Source: SL 1998, ch 216, §13.
SD Codified L § 34A-2B-11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02B - Livestock Discharge Control|Section 34A-2B-11 - Other remedies.

34A-2B-11. Other remedies.Nothing in this section precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department or any other person. Administrative remedies need not be exhausted in order to proceed under this section. The remedies provided by this section are in addition to those provided by existing statutory or common law. Source: SL 1998, ch 216, §14.
SD Codified L § 34A-3-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-1 - Definition of terms.

34A-3-1. Definition of terms.Terms used in this chapter, unless the context otherwise requires, mean:(1)"Board," the Board of Certification.(2)"Certificate," a certificate of competency issued by the Department of Agriculture and Natural Resources stating that the operator has met the requirements for the specified operator classification of the certification program.(3)"Department," Department of Agriculture and Natural Resources.(4)"Operator," a person who is responsible for the operation of the environment treatment plant or wastewater treatment plant or the person who is responsible for operation of the water distribution system or wastewater collection system.(5)"Secretary," secretary of the Department of Agriculture and Natural Resources.(6)"Wastewater collection system," that portion of a wastewater system that is to convey wastewater to a treatment plant.(7)"Wastewater treatment plant," the facility or group of units provided for the treatment of wastewater, either or both sewage and industrial wastes, and for the reduction and handling of sludge removed from such wastes.(8)"Water distribution system," that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer.(9)"Water supply system," the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household use or any use by humans.(10)"Water treatment plant," that portion of the water supply system which in some ways alters either the physical, chemical or bacteriological quality of the water. Source: SL 1970, ch 217, §1; SDCL Supp, §36-22A-1; SL 1977, ch 280, §§34, 35; SL 1986, ch 295, §15; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-3-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-2 - Classification of plants and systems according to skill required.

34A-3-2. Classification of plants and systems according to skill required.The secretary shall classify all water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, and according to the skill, knowledge, and experience that the operator must have to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems so as to protect the public health. Source: SL 1970, ch 217, §2; SDCL Supp, §36-22A-2.
SD Codified L § 34A-3-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-3 - Certification of qualifications to supervise plants and systems.

34A-3-3. Certification of qualifications to supervise plants and systems.The secretary shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems after considering the recommendations of the Board of Certification. Source: SL 1970, ch 217, §3; SDCL Supp, §36-22A-3.
SD Codified L § 34A-3-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-4 - Plants and systems for which certified operators required.

34A-3-4. Plants and systems for which certified operators required.All water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, serving a demand equal to five hundred or more persons and all water treatment plants using surface water or groundwater under the direct influence of surface water, in whole or in part, whether publicly or privately owned, shall be under the supervision of an operator whose competency is certified to by the secretary in a grade corresponding to the classification of that portion of the system to be supervised. Beginning January 1, 1993, all water treatment systems utilizing disinfection equipment shall be under the supervision of a certified operator. Source: SL 1970, ch 217, §4; SDCL Supp, §36-22A-4; SL 1991, ch 291.
SD Codified L § 34A-3-4.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-4.1 - Operator certification to comply with federal Safe Drinking Water Act.

34A-3-4.1. Operator certification to comply with federal Safe Drinking Water Act.All water treatment plants and water distribution systems required by section 1419 of the federal Safe Drinking Water Act, as amended to January 1, 2000, shall be under the supervision of an operator whose competency is certified by the secretary in a grade corresponding to the classification of the plant or system. Certificates of proper classification shall be issued without examination to the operators of plants and systems not requiring certified operators under §34A-3-4 before July 1, 2000. The governing body or owner of the water system shall designate such persons in writing to the secretary by January 1, 2001. A certificate so issued is valid only for that operator and that plant or system. The certificate shall be marked, restricted. If the water treatment or distribution system is classified to a higher level, the operator shall meet the initial certification requirements for the system's new classification. An operator issued a restricted certificate pursuant to this section shall comply with all rules promulgated pursuant to §34A-3-24, for certificate renewal and training of certified operators. A restricted certificate may be revoked pursuant to §§34A-3-21 to 34A-3-23, inclusive, as provided for in this chapter and the rules promulgated pursuant to §34A-3-24. The secretary may promulgate rules pursuant to chapter 1-26 to provide for the issuance and renewal of certificates and other requirements for certified operators under this section and as otherwise may be necessary to implement the requirements of the federal Safe Drinking Water Act, as amended to January 1, 2000, in a state drinking water program approved by the United States Environmental Protection Agency. Source: SL 2000, ch 176, §1.
SD Codified L § 34A-3-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-5 - Board of Certification created--Functions--Composition of board.

34A-3-5. Board of Certification created--Functions--Composition of board.There is hereby created a Board of Certification to advise and assist the secretary of agriculture and natural resources in the administration of the program of certification. The board shall consist of six members appointed by the secretary of the Department of Agriculture and Natural Resources as follows:(1)Four shall be employed as environment and wastewater works operators and shall hold valid certificates provided for in this chapter.(2)One shall be an employee of a municipality which is required to employ a certified operator and shall hold the position of city manager, city engineer, director of public works, or an equivalent position.(3)One shall be a faculty member of a college, university, or professional school operated within this state, and whose major field is related to sanitary engineering. Source: SL 1970, ch 217, §6; SDCL Supp, §36-22A-5; SL 1974, ch 3, §26; SL 1977, ch 280, §36; SL 1986, ch 295, §16; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-3-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-7 - Terms of office of appointive members of board.

34A-3-7. Terms of office of appointive members of board.The appointed members' terms of office on the board shall be three years and until their successors are selected and qualified. Source: SL 1970, ch 217, §6; SDCL Supp, §36-22A-6.
SD Codified L § 34A-3-8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-8 - Vacancy in appointive membership--Termination of membership.

34A-3-8. Vacancy in appointive membership--Termination of membership.If a vacancy occurs in the appointed membership of the board, the secretary may appoint a member for the remaining portion of the unexpired term created by the vacancy. The membership of any board member who leaves his or her field of employment or who moves from the State of South Dakota automatically terminates. Source: SL 1970, ch 217, §6; SDCL Supp, §36-22A-7; SL 2011, ch 165, §70.
SD Codified L § 34A-3-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-9 - Chairman and officers of board--Secretary.

34A-3-9. Chairman and officers of board--Secretary.Each year the board shall select from its membership a chairman and such other officers as may be needed to conduct business. The secretary shall designate a member of the department staff as secretary of the board without power to vote. Source: SL 1970, ch 217, §7; SDCL Supp, §36-22-8; SL 1977, ch 280, §38.
SD Codified L § 34A-3-11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-11 - Duties of secretary.

34A-3-11. Duties of secretary. The secretary shall:(1)Hold at least one examination each year at the designated time and place for the purpose of examining candidates for certification;(2)Advertise and promote the program of certification of water and wastewater works operators;(3)Encourage other operators to become certified other than those required to do so by law;(4)Distribute applications and notices;(5)Receive and evaluate applications;(6)Collect fees, not exceeding sixty dollars to cover reasonable costs of operator certification exams;(7)Prepare, conduct, and grade examinations;(8)Maintain records of operator qualifications and certification, and maintain a register of certified operators;(9)Promote and schedule regular training schools and programs. Source: SL 1970, ch 217, §8; SDCL Supp, §36-22A-11; SL 1977, ch 280, §40; SL 2011, ch 165, §71; SL 2021, ch 162, § 1.