reglab/housing_qa huggingface dataset:
SD Codified L § 34A-2-51 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-51 - Effective date of revocation, suspension, or modification of permit.

34A-2-51. Effective date of revocation, suspension, or modification of permit.Modification, revocation, or suspension of a permit shall be effective thirty days after issuance, unless a later date is specified. If the holder requests a hearing before the secretary, the order of modification, revocation, or suspension shall be effective twenty days after final determination by the secretary. Source: SL 1973, ch 280, §9 (6); SDCL Supp, §46-25-67; SL 1988, ch 285, §17.
SD Codified L § 34A-2-52 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-52 - Procedural requirements in dealing with violations.

34A-2-52. Procedural requirements in dealing with violations.The procedures set forth in §§34A-2-53 to 34A-2-60, inclusive, shall be followed in addition to the procedures outlined by chapter 1-26. Source: SL 1973, ch 280, §11; SDCL Supp, §46-25-68.
SD Codified L § 34A-2-53 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-53 - Notice to correct violations--Contents--Civil penalty.

34A-2-53. Notice to correct violations--Contents--Civil penalty.If the secretary has reason to believe that a violation of this chapter or any rule made or permit issued under it is threatened or has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice shall state the provisions alleged to be violated, the facts alleged to constitute a violation, the nature of any corrective action proposed to be required, and the time within which such action is to be taken. For the purpose of this chapter, service by mail is deemed complete on the date of mailing.Any person who violates an order issued pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both. Source: SDC 1939, §61.0112; SL 1955, ch 430, §1; SDC Supp 1960, §61.0148; SL 1966, ch 260, §3; SDCL §46-25-12; SL 1973, ch 280, §11 (1); SDCL Supp, §46-25-69; SL 1988, ch 285, §18; SL 1992, ch 158, §26; SL 2011, ch 165, §49.
SD Codified L § 34A-2-54 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-54 - Hearing on violation--Notice.

34A-2-54. Hearing on violation--Notice.In a notice given under §34A-2-53, the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against the alleged violator. In such event, the notice shall also meet the requirements of §1-26-17, and notice shall be given in a manner which will reasonably inform the public. Source: SDC 1939, §61.0112; SL 1955, ch 430, §1; SDC Supp 1960, §61.0148; SL 1966, ch 260, §3; SDCL §46-25-12; SL 1973, ch 280, §11 (2); SDCL Supp, §46-25-70; SL 1988, ch 285, §19; SL 2011, ch 165, §50.
SD Codified L § 34A-2-55 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-55 - Time of hearing on violation--Respondent's request for change of time.

34A-2-55. Time of hearing on violation--Respondent's request for change of time.A hearing pursuant to §34A-2-54 shall be held no sooner than fifteen days after service of the notice, except that the board may set an earlier date for the hearing if they are requested to do so by the alleged violator. The board may set a later date for the hearing at the request of the alleged violator, if the alleged violator shows good cause for delay. Source: SDC 1939, §61.0112; SL 1955, ch 430, §1; SDC Supp 1960, §61.0148; SL 1966, ch 260, §3; SDCL, §46-25-12; SL 1973, ch 280, §11 (2); SDCL Supp, §46-25-71; SL 1988, ch 285, §20.
SD Codified L § 34A-2-56 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-56 - Respondent's request for hearing on violation--Time of filing--Time of hearing.

34A-2-56. Respondent's request for hearing on violation--Time of filing--Time of hearing.If the secretary does not require an alleged violator to appear for a public hearing pursuant to §34A-2-54, the alleged violator may request the board to conduct such a hearing. Such request shall be in writing and shall be filed with the board no later than thirty days after service of a notice under §34A-2-53. If such a request is filed, a hearing shall be held within forty-five days. Source: SL 1973, ch 280, §11 (3); SDCL Supp, §46-25-72; SL 1988, ch 285, §21.
SD Codified L § 34A-2-57 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-57 - Procedure in hearing on violation--Venue.

34A-2-57. Procedure in hearing on violation--Venue.If a hearing is held pursuant to the provisions of §34A-2-54 or 34A-2-56, it shall be treated as a contested case in accordance with chapter 1-26 and may be held in any county in which the violation is alleged to have occurred. Source: SDC 1939, §61.0112; SL 1955, ch 430, §1; SDC Supp 1960, §61.0148; SL 1966, ch 260, §3; SDCL, §46-25-12; SL 1973, ch 280, §11 (4); SDCL Supp, §46-25-73.
SD Codified L § 34A-2-58 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-58 - Parties permitted to appear and present evidence at hearing on violation.

34A-2-58. Parties permitted to appear and present evidence at hearing on violation.The board shall permit all parties to respond to the notice served under §34A-2-53, and all other interested parties, to present evidence and argument on all issues, and to conduct cross-examination required for full disclosure of the facts. Source: SL 1973, ch 280, §11 (4); SDCL Supp, §46-25-74; SL 1988, ch 285, §22.
SD Codified L § 34A-2-59 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-59 - Record of hearing on violation.

34A-2-59. Record of hearing on violation.The board shall keep a record of the hearing as required by chapter 1-26, and at least one copy of any written exhibits put in evidence. Source: SL 1973, ch 280, §11 (4); SDCL Supp, §46-25-75; SL 1988, ch 285, §23.
SD Codified L § 34A-2-60 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-60 - Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation.

34A-2-60. Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation.After a hearing, or on the failure of an alleged violator to make a timely request for a hearing, the board may issue an appropriate decision in compliance with §1-26-25 and an order for the prevention, abatement, or control of pollution. The order shall state the date or dates by which any violation shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the pollution.Any person who violates an order issued pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both. Source: SDC 1939, §61.0113; SL 1955, ch 430, §1; SDC Supp 1960, §61.0149; SL 1966, ch 260, §4; SDCL, §46-25-13; SL 1973, ch 280, §11 (5); SDCL Supp, §46-25-76; SL 1988, ch 285, §24; SL 1992, ch 158, §27.
SD Codified L § 34A-2-64 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-64 - Order not stayed by appeal--Findings required to grant stay.

34A-2-64. Order not stayed by appeal--Findings required to grant stay.Notwithstanding the provisions of §1-26-32, an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause serious harm to the affected party, and that the threatened violation or violation will not continue or, if it does continue, any harmful effects on waters will be remedied immediately on the cessation of the violation. Source: SL 1973, ch 280, §12 (3); SDCL Supp, §46-25-80; SL 1988, ch 285, §28.
SD Codified L § 34A-2-65 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-65 - Judicial enforcement of order pending appeal.

34A-2-65. Judicial enforcement of order pending appeal.If the court does not stay the effectiveness of an order of the board, it may enforce compliance with that order by issuing a temporary restraining order or an injunction at the request of the board. Source: SL 1973, ch 280, §12; SDCL Supp, §46-25-81.
SD Codified L § 34A-2-66 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-66 - Legal representation of board in appeal.

34A-2-66. Legal representation of board in appeal.In any appeal from the board, the attorney general shall represent the board, if requested, or the board may appoint special counsel for the proceedings, subject to the approval of the attorney general. Source: SL 1973, ch 280, §12 (1); SDCL Supp, §46-25-82.
SD Codified L § 34A-2-67 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-67 - Appeal bond not required of state or board.

34A-2-67. Appeal bond not required of state or board.Neither the state nor the board need give a bond or make a deposit for costs upon an action for judicial review or upon any subsequent appeal. Source: SL 1973, ch 280, §12 (2); SDCL Supp, §46-25-83.
SD Codified L § 34A-2-68 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-68 - Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.

34A-2-68. Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.No person may violate this chapter or any rule issued pursuant to this chapter, or commit an act which will cause substantial pollution, the harmful effects of which cannot be remedied immediately after the commission or cessation of the act. The secretary may order the person to stop, avoid, or moderate the act so that it is in compliance with this chapter or the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the secretary provides otherwise. If the order is not complied with in a timely manner, the secretary may contain and recover pollutants to limit or prevent pollution of any state waters. A violation of an order issued pursuant to this section is subject to §34A-2-75. Source: SL 1973, ch 280, §15; SDCL Supp, §46-25-84; SL 1984, ch 244, §1; SL 1988, ch 285, §29; SL 1992, ch 158, §27A.
SD Codified L § 34A-2-69 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-69 - Notice of emergency order.

34A-2-69. Notice of emergency order.Notice of an order pursuant to §34A-2-68 shall conform to the requirements of §§34A-2-53 to 34A-2-60, inclusive, so far as practicable; the notice shall indicate that the order is an emergency order. Source: SL 1973, ch 280, §15; SDCL Supp, §46-25-85.
SD Codified L § 34A-2-70 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-70 - Hearing on emergency order--Time and procedure for hearing.

34A-2-70. Hearing on emergency order--Time and procedure for hearing.Upon issuing an order pursuant to §34A-2-68, the secretary shall fix a place and time for a hearing before the board, not later than five days thereafter, unless the person to whom the order is directed requests a later time. The secretary may deny a request for a later time if the secretary finds that the person to whom the order is directed is not complying with the order. The hearing shall be conducted by the board in the manner specified in §§34A-2-53 to 34A-2-60, inclusive. Source: SL 1973, ch 280, §15; SDCL Supp, §46-25-86; SL 1988, ch 285, §30; SL 2011, ch 165, §51.
SD Codified L § 34A-2-71.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-71.1 - Investigation of discharge polluting state waters--Responsible person.

34A-2-71.1. Investigation of discharge polluting state waters--Responsible person.If the department has determined that a discharge that may cause or has caused the pollution of state waters has occurred, the department shall conduct an investigation to determine the responsible person. The investigation may include a title search of the affected property and shall attempt to designate as the responsible person the person deemed to be the most responsible for the occurrence of the discharge. If the identity of the person who caused the discharge can be determined, that person shall be designated as the responsible person. If the identity of the person who caused the discharge cannot be determined, the owner of the property or operator of the tank at the time of the discharge shall be designated as the responsible person. If the person deemed responsible for the discharge contests the department's decision, a title search of the affected property shall be done. Source: SL 1989, ch 309, §2; SL 1990, ch 290, §2.
SD Codified L § 34A-2-72 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-72 - Action in circuit court for immediate restraint of pollution.

34A-2-72. Action in circuit court for immediate restraint of pollution.In the alternative, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment to welfare is to the livelihood of such persons, or that a person is violating or threatening to violate any of the provisions of this chapter, the secretary may bring suit on behalf of the state in the circuit court in which the violation is taking place to immediately restrain any person violating or threatening to violate this chapter, or causing or contributing to the alleged pollution, or to take such other action as may be necessary. Source: SDC 1939, §61.0115; SL 1955, ch 430, §1; SDC Supp 1960, §61.0151; SL 1966, ch 260, §5; SDCL, §46-25-15; SL 1973, ch 280, §15; SDCL Supp, §46-25-88; SL 1988, ch 285, §32.
SD Codified L § 34A-2-73 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-73 - Action by department to enjoin violations--Temporary injunction and restraining order.

34A-2-73. Action by department to enjoin violations--Temporary injunction and restraining order.The department may bring an action without furnishing of bond, for an injunction against the continuation of any threatened or actual violation, or against any person who fails to comply with an emergency order issued by the secretary by virtue of §34A-2-68, or any final order of the secretary or board. The court to which the department applies for an injunction may issue a temporary injunction, if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction. Source: SL 1973, ch 280, §16; SDCL Supp, §46-25-89; SL 1988, ch 285, §33.
SD Codified L § 34A-2-74 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-74 - Initiation of action to recover penalties.

34A-2-74. Initiation of action to recover penalties.In addition to or instead of issuing an order, the secretary or board may initiate appropriate action for recovery of a penalty, pursuant to §§34A-2-75 to 34A-2-79, inclusive. Source: SL 1973, ch 280, §11 (8); SDCL Supp, §46-25-90.
SD Codified L § 34A-2-75 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-75 - Violations classified as misdemeanor--Criminal and civil penalties.

34A-2-75. Violations classified as misdemeanor--Criminal and civil penalties.Any person subject to this section, as provided in this chapter, is guilty of a Class 1 misdemeanor. In addition to a jail sentence authorized by §22-6-2, a Class 1 misdemeanor imposed by this chapter is subject to a criminal fine not to exceed ten thousand dollars per day of violation. The violator is also subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both. Source: SDC 1939, §61.0115; SL 1955, ch 430, §1; SDC Supp 1960, §61.0151; SL 1966, ch 260, §5; SDCL §46-25-16; SL 1973, ch 280, §14 (1); SDCL Supp, §46-25-91; SL 1977, ch 190, §638; SL 1984, ch 243, §6; SL 1988, ch 285, §34; SL 1992, ch 158, §28; SL 2011, ch 165, §52.
SD Codified L § 34A-2-77 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-77 - False representation or tampering with monitoring device prohibited--Violation.

34A-2-77. False representation or tampering with monitoring device prohibited--Violation.No person may make any false statement, representation, or certification in any document filed or required to be maintained under this chapter, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter. A violation of this section is subject to §34A-2-75. Source: SL 1973, ch 280, §14 (2); SDCL Supp, §46-25-93; SL 1977, ch 190, §639; SL 1984, ch 243, §7; SL 1992, ch 158, §30.
SD Codified L § 34A-2-78 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-78 - Alternative remedies not barred by invoking penalties.

34A-2-78. Alternative remedies not barred by invoking penalties.Any action pursuant to §34A-2-75 or 34A-2-77 does not bar enforcement of the chapter, or of rules or orders issued pursuant to it by injunctive or other appropriate remedy. Source: SL 1973, ch 280, §14 (4); SDCL Supp, §46-25-94; SL 1992, ch 158, §31.
SD Codified L § 34A-2-79 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-79 - Remedies under chapter alternative to remedies under other law.

34A-2-79. Remedies under chapter alternative to remedies under other law.A purpose of this chapter is to provide additional and cumulative remedies to prevent, abate, and control the pollution of state waters. Nothing in this chapter abridges or alters any rights or action of remedies in equity or under the common law or statutory law, criminal or civil, nor may any provision of this chapter be construed as estopping the state or any municipality or person as owners of water rights or otherwise in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution. Source: SL 1973, ch 280, §14 (5); SDCL Supp, §46-25-95; SL 2011, ch 165, §53.
SD Codified L § 34A-2-82 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-82 - Acceptance of grants for water pollution control.

34A-2-82. Acceptance of grants for water pollution control.The secretary shall accept grants from the federal government and from other sources to carry out the provisions of this chapter. Source: SL 1973, ch 280, §6 (10); SDCL Supp, §46-25-98.
SD Codified L § 34A-2-93 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-93 - Promulgation of rules by board.

34A-2-93. Promulgation of rules by board.The board may promulgate rules pursuant to chapter 1-26:(1)To establish surface and ground water quality standards;(2)To establish design and installation requirements for on-site wastewater systems;(3)To establish criteria for water pollution control facilities, to include facilities constructed for the protection and monitoring of groundwater;(4)To establish the present and future beneficial uses of all waters under this chapter;(5)To establish procedures for granting variances from water quality standards;(6)To establish procedures for conducting inspections;(7)To establish contested case procedures;(8)To establish secondary treatment standards for wastewater facilities;(9)To establish standards for surface water discharge permits;(10)To establish pretreatment standards and requirements for local pretreatment programs;(11)To establish standards for aboveground and underground storage tanks;(12)To establish financial responsibility requirements for owners of underground and aboveground storage tanks;(13)To establish standards for the remediation and cleanup of contaminated soils. The standards relating to cleanup of petroleum contamination shall be based upon risk to human health and safety as determined by the board. The board may adopt standards relating to cleanup of contamination consistent with the American Society for Testing and Materials Standard ES38-94, entitled Emergency Standard Guide for Risk Based Corrective Action Applied at Petroleum Release Sites, as in effect on January 1, 2011, or other generally accepted risk-based cleanup methods;(14)To establish standards for bulk chemical storage facilities;(15)To establish requirements for underground injection control;(16)To establish a groundwater discharge permit program;(17)To establish a delegated national pollutant discharge elimination system program as provided for under 40 CFR Part 123 as amended to January 1, 2011, and wastewater pretreatment program as provided for under 40 CFR Part 403 as amended to January 1, 2011;(18)To establish a priority listing for projects funded under the construction grant program; and(19)To establish requirements for approval of plans for water pollution control facilities and water supply systems.The board shall also hold any hearings necessary for the proper administration of this chapter and initiate any action in court for the enforcement of this chapter. Source: SL 1971, ch 209, §5; SDCL Supp, §46-25-22; SL 1973, ch 280, §4 (8) to (10); SL 1973, ch 281, §4; SDCL Supp, §46-25-107; SL 1993, ch 256, §22; SL 1995, ch 204, §1; SL 2011, ch 165, §57.