reglab/housing_qa huggingface dataset:
SD Codified L § 34A-2-25 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-25 - Technology considered in determining economic justification for waste.

34A-2-25. Technology considered in determining economic justification for waste.In determining the justification for economic development under §34A-2-24, the board shall consider and require in its decision, technology reasonably available for all discharges into that segment of state waters affected by the decision, which will result in further progress toward the goal of eliminating the discharge of all wastes. Source: SL 1973, ch 280, §8 (2); SDCL Supp, §46-25-43; SL 1988, ch 285, §5.
SD Codified L § 34A-2-26 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-26 - Biennial review of decisions to allow discharge waste.

34A-2-26. Biennial review of decisions to allow discharge waste.A decision issued pursuant to §34A-2-24 shall be reviewed at least every two years. Source: SL 1973, ch 280, §8 (2); SDCL Supp, §46-25-44; SL 1988, ch 285, §6.
SD Codified L § 34A-2-27 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-27 - Construction permits required for activities discharging wastes into water--Violation.

34A-2-27. Construction permits required for activities discharging wastes into water--Violation.No person may carry on any of the following activities without a valid construction permit from the water management board for the disposal of all wastes which are, or may be, discharged thereby into the groundwaters of the state, nor may any person carry on any of the following activities without approval of plans and specifications from the secretary of the department pursuant to §34A-2-29 for the disposal of all wastes which are, or may be, discharged thereby into surface waters of the state:(1)The construction, installation, modification, or operation of any disposal system or part thereof, or any extension or addition thereto;(2)The increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit;(3)The construction, installation, or operation of any industrial, commercial, or other establishment, or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of wastes into the groundwaters of the state or would otherwise alter the physical, chemical, or biological properties of any groundwaters of the state in any manner not already lawfully authorized; or(4)The construction or use of any new outlet for the discharge of any waters into the waters of the state.A violation of this section is subject to §34A-2-75. Source: SDC 1939, §61.0109 as added by SL 1947, ch 416; SL 1955, ch 430, §1; SDC Supp 1960, §61.0145; repealed by omission from SL 1966, ch 260, §1; re-enacted by SL 1967, ch 340; SDCL, §46-25-6; SL 1973, ch 280, §8 (4); SDCL Supp, §46-25-45; SL 1977, ch 190, §637; SL 1984, ch 243, §5; SL 1991, ch 288, §15; SL 1992, ch 158, §23.
SD Codified L § 34A-2-28 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-28 - Rules for permits to discharge wastes--Plans and specifications for disposal systems--Violation.

34A-2-28. Rules for permits to discharge wastes--Plans and specifications for disposal systems--Violation.The board shall promulgate rules pursuant to chapter 1-26 governing application, public notice, and public participation for permits to discharge sewage, industrial wastes, or other wastes into state waters, including rules requiring the filing of plans and specifications relating to the construction, modification, or operation of disposal systems.A violation of rules promulgated pursuant to this section is subject to §34A-2-75. Source: SL 1973, ch 280, §4 (6); SDCL Supp, §46-25-46; SL 1992, ch 158, §24; SL 1993, ch 256, §12.
SD Codified L § 34A-2-29 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-29 - Plans, specifications, and information required by secretary.

34A-2-29. Plans, specifications, and information required by secretary.The secretary, under such conditions as the secretary may prescribe, may require the submission of such plans, specifications, and other information as the secretary deems necessary to carry out the provisions of this chapter or to carry out rules promulgated pursuant to the provisions of this chapter. Source: SL 1973, ch 280, §8 (4); SDCL Supp, §46-25-47; SL 2011, ch 165, §40.
SD Codified L § 34A-2-30 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-30 - Rules regarding permit procedure.

34A-2-30. Rules regarding permit procedure.The board shall promulgate rules pursuant to chapter 1-26 regarding the issuance, denial, modification, or revocation of permits governed by this chapter. Source: SL 1973, ch 280, §4 (7); SDCL Supp, §46-25-48; SL 1993, ch 256, §13.
SD Codified L § 34A-2-31 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-31 - Issuance, revocation, or denial of permits to discharge waste.

34A-2-31. Issuance, revocation, or denial of permits to discharge waste.The secretary shall issue, suspend, revoke, modify, or deny permits to discharge sewage, industrial wastes, or other wastes to state waters, consistent with provisions of this chapter and with rules promulgated by the board pursuant to chapter 1-26. Source: SL 1973, ch 280, §6 (1); SDCL Supp, §46-25-49; SL 1993, ch 256, §14.
SD Codified L § 34A-2-32 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-32 - Examination and approval or disapproval of plans for discharge of waste--Changes in plans.

34A-2-32. Examination and approval or disapproval of plans for discharge of waste--Changes in plans.The secretary shall examine and approve or disapprove plans and other information needed to determine whether a permit should be issued or suggest changes in plans as a condition to the issuance of a permit. Source: SL 1973, ch 280, §6 (2); SDCL Supp, §46-25-50.
SD Codified L § 34A-2-33 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-33 - Certification of compliance with federal pollution control requirements.

34A-2-33. Certification of compliance with federal pollution control requirements.The secretary may certify, in accordance with rules promulgated by the board pursuant to chapter 1-26, that an applicant for a federal license or permit necessary to conduct any activity which may result in a discharge into waters of the state has satisfactorily shown that the applicant will comply with sections 301, 302, 306, and 307 of the Federal Water Pollution Control Act as amended to January 1, 2011. This section and §34A-2-34 shall be interpreted to implement the purposes of section 401 of the Federal Water Pollution Control Act as amended to January 1, 2011. Source: SL 1976, ch 285, §1; SDCL Supp, §46-25-50.1; SL 1986, ch 295, §10; SL 1988, ch 285, §6A; SL 1993, ch 256, §15; SL 2011, ch 165, §41.
SD Codified L § 34A-2-34 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-34 - Rules for grant or denial of certification--Procedural requirements of rules.

34A-2-34. Rules for grant or denial of certification--Procedural requirements of rules.The board shall promulgate rules pursuant to chapter 1-26 establishing procedures which the secretary shall follow in granting or denying certification under §34A-2-33. The rules may not exceed minimum federal regulations. The rules shall require adequate public notice of an application for certification within an area no smaller than the county where the activity is located, opportunity for public participation in the decision-making process on an application for certification, and opportunity and procedures for contested case hearings on applications for certification in conformity with chapter 1-26. Source: SL 1976, ch 285, §1; SDCL Supp, §46-25-50.2; SL 1993, ch 256, §16.
SD Codified L § 34A-2-35 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-35 - Public hearing on permit to discharge waste--Notice--Uncontested recommendation.

34A-2-35. Public hearing on permit to discharge waste--Notice--Uncontested recommendation.Before issuing any permit pursuant to §34A-2-36, the secretary shall provide an opportunity for public hearing, with notice of the opportunity for hearing, in accordance with applicable laws, rules, and regulations. If the recommendation of the department pursuant to §34A-2-24, 34A-2-27, or 34A-2-36, 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 the recommendation. Source: SL 1973, ch 280, §9 (1); SDCL Supp, §46-25-51; SL 1991, ch 288, §14; SL 2011, ch 165, §42.
SD Codified L § 34A-2-36 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-36 - Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation.

34A-2-36. Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation. No person may discharge any waste, pollutant, or combination of pollutants, into surface waters from a point source without a permit consistent with rules promulgated by the board pursuant to chapter 1-26 and this chapter. A violation of this section is subject to §34A-2-75.The secretary may, after notice and opportunity for public hearing, issue a permit for the discharge of any waste, pollutant, or combination of pollutants into surface waters, for a period not to exceed five years, or for a period not to exceed ten years for a concentrated animal operation that is not required to have a permit under 40 C.F.R. § 122.23(d)(1), as of January 1, 2021, upon condition that such discharge meets or will meet all applicable state and federal water quality standards and effluent standards and all other requirements of this chapter. A violation of a condition of a permit issued pursuant to this section is subject to §34A-2-75. Source: SDC 1939, §61.0109 as added by SL 1947, ch 416; SL 1955, ch 430, §1; SDC Supp 1960, §61.0145; repealed by omission from SL 1966, ch 260, §1; re-enacted by SL 1967, ch 340; SDCL, §46-25-6; SL 1973, ch 280, §9; SDCL Supp, §46-25-52; SL 1988, ch 285, §7; SL 1992, ch 158, §25; SL 1993, ch 256, §17; SL 2021, ch 161, § 1.
SD Codified L § 34A-2-36.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-36.1 - Permit to discharge waste into underground waters--Issuance--Maximum duration--Standards to be met--Violation.

34A-2-36.1. Permit to discharge waste into underground waters--Issuance--Maximum duration--Standards to be met--Violation.The secretary may, after notice and opportunity for public hearing, issue a permit for the discharge of any waste, pollutant, or combination of pollutants into underground waters, for a period not to exceed five years, upon condition that such discharge meets or will meet all applicable state and federal water quality standards and all other requirements of this chapter. A violation of a condition of a permit issued pursuant to this section is subject to §34A-2-75. Source: SL 1988, ch 285, §7A; SL 1992, ch 158, §25A.
SD Codified L § 34A-2-36.2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-36.2 - Permit for concentrated animal feeding operations.

34A-2-36.2. Permit for concentrated animal feeding operations.Each concentrated animal feeding operation, as defined by Title 40 Codified Federal Regulations Part 122.23 dated January 1, 2007, shall operate under a general or individual water pollution control permit issued pursuant to §34A-2-36. Source: SL 2007, ch 203, §1.
SD Codified L § 34A-2-37 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-37 - Effluent limitations enforced in issuance of permits.

34A-2-37. Effluent limitations enforced in issuance of permits.The secretary shall require as permit conditions under §34A-2-36 the achievement of:(1)Effluent limitations based upon the application of such levels of treatment, technology, and processes as are required under the Federal Water Pollution Control Act, as amended to January 1, 2011;(2)Any more stringent effluent limitations necessary to meet water quality criteria established pursuant to any state or federal law, rule, or regulation.Effluent limitations prescribed under this section shall be achieved in the shortest reasonable period of time consistent with state or federal law, and any regulations or rules promulgated thereunder. Source: SL 1973, ch 280, §9 (2); SDCL Supp, §46-25-53; SL 1993, ch 256, §18; SL 2011, ch 165, §43.
SD Codified L § 34A-2-38 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-38 - Limitations on volume and strength of waste discharged under permit--Specification of limitations and conditions.

34A-2-38. Limitations on volume and strength of waste discharged under permit--Specification of limitations and conditions.The secretary shall clearly specify in any permit any limitations imposed as to the volume, strength, and other significant characteristics of the waste to be discharged consistent with provisions of §§34A-2-35 to 34A-2-43, inclusive. The secretary shall specify in the permit any limitations and conditions that may be necessary to ensure the proper use and disposal of sewage sludge. Source: SL 1973, ch 280, §6 (3); SDCL Supp, §46-25-54; SL 1992, ch 254, §92.
SD Codified L § 34A-2-39 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-39 - Schedules of compliance in permits for discharge.

34A-2-39. Schedules of compliance in permits for discharge.The secretary may set and revise schedules of compliance and include such schedules within the terms and conditions of permits for discharge of wastes. Source: SL 1973, ch 280, §9 (3) (a); SDCL Supp, §46-25-55; SL 1988, ch 285, §8.
SD Codified L § 34A-2-39.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-39.1 - Extension of time to meet quality and effluent standards.

34A-2-39.1. Extension of time to meet quality and effluent standards.The secretary may issue an extension to a point source or nonpoint source discharger, in which to meet state water quality standards or effluent standards if the extension is not in conflict with federal law, and if it is determined that:(1)The violation was the result of actions or conditions outside the control of the discharger;(2)The discharger has acted in good faith;(3)There has been a commitment of necessary resources to achieve compliance at the earliest date probable;(4)The extension would not result in imposition of any additional controls on any other point or nonpoint source;(5)Facilities necessary for compliance are under construction and will be completed at the earliest date probable. Source: SL 1978, ch 261; SL 1988, ch 285, §9; SL 2011, ch 165, §44.
SD Codified L § 34A-2-40 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-40 - Recording, reporting and inspection conditions in permit to discharge.

34A-2-40. Recording, reporting and inspection conditions in permit to discharge.The secretary, in accordance with rules promulgated by the board pursuant to chapter 1-26, may prescribe terms and conditions for permits issued under this chapter to ensure compliance with applicable state and federal effluent standards and water quality standards, including requirements concerning recording, reporting, monitoring, entry, and inspection to the extent allowed under this chapter. Source: SL 1973, ch 280, §9 (3) (b); SDCL Supp, §46-25-56; SL 1988, ch 285, §10; SL 1993, ch 256, §19.
SD Codified L § 34A-2-41 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-41 - Conditions in permits issued for publicly owned treatment works.

34A-2-41. Conditions in permits issued for publicly owned treatment works.The secretary, in accordance with rules promulgated by the board pursuant to chapter 1-26, may impose as conditions in permits for the discharge of wastes from publicly owned treatment works appropriate measures to establish and ensure compliance by industrial users with pretreatment standards, and any system of user charges required under state or federal law or any regulations or rules promulgated thereunder. Source: SL 1973, ch 280, §9 (3) (d); SDCL Supp, §46-25-57; SL 1988, ch 285, §11; SL 1993, ch 256, §20.
SD Codified L § 34A-2-42 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-42 - Changes to be reported under permit for publicly owned treatment works.

34A-2-42. Changes to be reported under permit for publicly owned treatment works.The secretary may impose as conditions in permits for the discharge of wastes from publicly owned treatment works requirements for information to be provided by the permittee concerning new introductions of wastes or substantial changes in the volume or character of wastes being introduced into such treatment works. Source: SL 1973, ch 280, §9 (3) (c); SDCL Supp, §46-25-58; SL 1988, ch 285, §12.
SD Codified L § 34A-2-43 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-43 - Discharges which may not be authorized by permit.

34A-2-43. Discharges which may not be authorized by permit.No permit may be issued authorizing any of the following discharges:(1)The discharge of any radiological, chemical, or biological warfare agent or high level radioactive waste;(2)Any discharge which the secretary of the army, acting through the chief of engineers, finds would substantially impair anchorage and navigation of any waters of the United States;(3)Any discharge to which the administrator of the Environmental Protection Agency has objected, pursuant to any right provided to the administrator under the Federal Water Pollution Control Act, as amended to January 1, 2011;(4)Any discharge which is in conflict with an areawide waste treatment management plan, approved under the Federal Water Pollution Control Act, as amended to January 1, 2011. Source: SL 1973, ch 280, §9 (4); SDCL Supp, §46-25-59; SL 2011, ch 165, §45.
SD Codified L § 34A-2-44 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-44 - Records, monitoring and reporting required on pollution sources.

34A-2-44. Records, monitoring and reporting required on pollution sources.The secretary may require the owner or operator of any point source, including an industrial user of a publicly owned treatment works, to:(1)Establish and maintain records;(2)Prepare and submit reports;(3)Install, use, and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods;(4)Sample effluents; and(5)Provide such other information as the secretary may reasonably require. Source: SL 1973, ch 280, §6 (7); SDCL Supp, §46-25-60; SL 1988, ch 285, §13.
SD Codified L § 34A-2-45 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-45 - Inspection powers with respect to pollution sources.

34A-2-45. Inspection powers with respect to pollution sources.The secretary shall, at reasonable times, have access to any point source, including an industrial user of a publicly owned treatment works, and copy any records, inspect any monitoring equipment or method required under §34A-2-44, to sample any effluents being discharged into the waters of the state, or to ensure compliance with the provisions of this chapter. Source: SL 1973, ch 280, §6 (9); SDCL Supp, §46-25-61; SL 1988, ch 285, §14.
SD Codified L § 34A-2-46 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-46 - Right of entry on premises where pollution produced.

34A-2-46. Right of entry on premises where pollution produced.The secretary may enter, upon presentation of proper credentials upon any premises in which a point source, including an industrial user of a publicly owned treatment works, is located, or in which any records required to be maintained pursuant to §34A-2-44 are located. Source: SL 1973, ch 280, §6 (8); SDCL Supp, §46-25-62; SL 1988, ch 285, §15.
SD Codified L § 34A-2-48 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-48 - Orders to clean up material spilled--Violation.

34A-2-48. Orders to clean up material spilled--Violation.The secretary shall issue orders to any person to clean up any material which the person or the person's employee, agent, or subcontractor had accidentally or purposely dumped, spilled, or otherwise deposited in or in such proximity to state waters that they may pollute state waters. A violation of an order issued pursuant to this section is subject to §34A-2-75. Source: SL 1973, ch 280, §6 (6); SDCL Supp, §46-25-64; SL 1992, ch 158, §25B; SL 1993, ch 34, §4; SL 2011, ch 165, §46.
SD Codified L § 34A-2-49 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-49 - Grounds for revocation, suspension, or modification of permit.

34A-2-49. Grounds for revocation, suspension, or modification of permit.Any permit issued pursuant to this chapter may be revoked, modified, or suspended, in whole or in part, during its term for cause, including the following:(1)Violation of any condition of the permit;(2)Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or(3)Change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. Source: SL 1973, ch 280, §9 (5); SDCL Supp, §46-25-65; SL 2011, ch 165, §47.
SD Codified L § 34A-2-50 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-50 - Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision by secretary.

34A-2-50. Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision by secretary.If the secretary recommends denial of an application for a permit, or revokes, suspends, or modifies a permit, the secretary shall give written notice of the action to the applicant or holder, who may request a hearing before the secretary. The hearing shall be held within thirty days after receipt of written request. The secretary may affirm, modify, or reverse the secretary's initial decision based upon the evidence presented at the hearing. Source: SL 1973, ch 280, §9 (6); SDCL Supp, §46-25-66; SL 1988, ch 285, §16; SL 2011, ch 165, §48.