reglab/housing_qa huggingface dataset:
SD Codified L § 34A-2-113 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-113 - Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation.

34A-2-113. Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation.The board, by rules adopted in compliance with chapter 1-26, shall provide for the issuance, suspension, revocation and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing upon protest by the applicant or any 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. Source: SL 1991, ch 288, §10; SL 1993, ch 257, §11.
SD Codified L § 34A-2-114 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-114 - Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee.

34A-2-114. Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee.In order to enhance economic development, provide improved coordination between governmental agencies, and safeguard the public health, safety, welfare, and the environment of this state through a customer service approach, the department is delegated authority to administer the national pollutant discharge elimination system permit program for all direct and indirect pretreatment surface water discharge systems as provided in section 402 of the Federal Water Pollution Control Act as amended to January 1, 2011. A reasonable fee upon these systems shall be imposed, as provided in §§34A-2-117 to 34A-2-120, inclusive, in order to defray the department's costs of administering this program. Source: SL 1992, ch 254, §51; SL 2011, ch 165, §64.
SD Codified L § 34A-2-115 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-115 - Sewage sludge, toxic pollutants, and significant industrial user defined.

34A-2-115. Sewage sludge, toxic pollutants, and significant industrial user defined.For purposes of administering the provisions of this chapter, the term, sewage sludge, means any solid, semisolid, or liquid residue removed during the treatment of municipal waste water or domestic sewage. Sewage sludge includes solids removed during primary, secondary, or advanced waste water treatment, scum, septage, portable toilet pumpings, and sewage sludge products. Sewage sludge does not include grit, screenings, or ash generated during the incineration of sewage sludge.For purposes of administering the provisions of this chapter, the term, toxic pollutants, means any pollutant listed as toxic under section 307(a) of the Federal Water Pollution Control Act as amended to January 1, 2011, or, in the case of "sludge use or disposal practices," any pollutant identified in regulations implementing section 405(d) of the Federal Water Pollution Control Act as amended to January 1, 2011.For purposes of administering the provisions of this chapter, the term, significant industrial user, means any discharger subject to categorical pretreatment standards and any other industrial user that discharges an average of twenty-five thousand gallons per day or more of process wastewater, excluding sanitary, noncontact cooling and boiler blowdown wastewaters, to the publicly owned treatment works or that contributes a process wastestream which makes up more than five percent of the average dry weather hydraulic or organic capacity of the publicly owned treatment works treatment plant; or one that is designated as such by the secretary on the basis that the industrial user has a reasonable chance of adversely affecting the publicly owned treatment works operation or violating a pretreatment standard or requirement. Source: SL 1992, ch 254, §52; SL 2011, ch 165, §65.
SD Codified L § 34A-2-116 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-116 - Development of pretreatment programs for publicly owned treatment works--Assumption of local responsibilities by secretary on request.

34A-2-116. Development of pretreatment programs for publicly owned treatment works--Assumption of local responsibilities by secretary on request.A pretreatment program shall be developed for any publicly owned treatment works or combination of publicly owned treatment works operated by the same authority as required by section 307 of the Federal Water Pollution Control Act as amended to January 1, 2011. The owner of any publicly owned treatment works that is required to develop a program may request the secretary to assume local pretreatment responsibilities for that publicly owned treatment works. Source: SL 1992, ch 254, §54; SL 2011, ch 165, §66.
SD Codified L § 34A-2-117 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-117 - Annual fee on facilities permitted under the national pollutant discharge elimination system.

34A-2-117.Annual fee on facilities permitted under the national pollutant discharge elimination system.There is hereby imposed an annual fee on each facility permitted under the national pollutant discharge elimination system program provisions of section 402 of the Federal Water Pollution Control Act, 33 U. S. C. 1342, as amended to January 1, 2018. The fee shall be assessed as provided in §§34A-2-118 to 34A-2-120, inclusive. Source: SL 1992, ch 254, §55; SL 2011, ch 165, §67; SL 2018, ch 212, §1.
SD Codified L § 34A-2-118 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-118 - Publicly-owned treatment works fee schedule.

34A-2-118. Publicly-owned treatment works fee schedule.For publicly-owned treatment works including municipalities, housing subdivisions, trailer parks, and sanitary districts owned by the state or a political subdivision of the state; privately-owned treatment works including housing subdivisions and trailer parks that treat primarily domestic household wastewater; and Ellsworth Development Authority, the fee imposed in §34A-2-117 shall be based upon the last preceding federal census data for each municipality and the population served by a nonmunicipality or the Ellsworth Development Authority, and the fee table below: Population RangeFee ($)25 to 503751 to 10075101 to 200150201 to 300250301 to 400350401 to 500450501 to 600550601 to 700650701 to 800750801 to 900850901 to 1,0009501,001 to 2,0001,5002,001 to 3,0002,5003,001 to 4,0003,5004,001 to 5,0004,5005,001 to 6,0005,5006,001 to 7,0006,5007,001 to 8,0007,5008,001 to 9,0008,5009,001 to 10,0009,50010,001 to 11,00010,50011,001 to 12,00011,50012,001 to 13,00012,50013,001 to 14,00013,50014,001 to 15,00014,50015,001 to 16,00015,50016,001 to 17,00016,50017,001 to 18,00017,50018,001 to 19,00018,50019,001 to 20,00019,50020,001 to 30,00025,00030,001 to 40,00035,00040,001 to 50,00045,00050,001 to 60,00055,00060,001 to 70,00065,00070,001 to 80,00075,00080,001 to 90,00085,00090,001 to 100,00095,000100,001 or more125,000 Source: SL 1992, ch 254, §56; SL 2018, ch 212, §2.
SD Codified L § 34A-2-119 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-119 - Industrial and governmental treatment works fee schedule.

34A-2-119. Industrial and governmental treatment works fee schedule.For industrial and governmental treatment works with significant water quality loadings, the fee imposed in §34A-2-117 is as follows:(1)Meat products processing as defined by 40 CFR 432 as amended to January 1, 2011:(a)Process water (0.50 mgd or greater)--$30,000 per year;(b)Process water (0.25 mgd or greater and less than 0.50 mgd)--$10,000 per year;(c)Process water (less than 0.25 mgd)--$600 per year; and(d)Noncontact cooling water--$600 per year;(2)Corn wet milling as defined by 40 CFR 406 Subpart A as amended to January 1, 2011:(a)Process water (0.50 mgd or greater)--$30,000 per year;(b)Process water (0.25 mgd or greater and less than 0.50 mgd)--$10,000 per year;(c)Process water (less than 0.25 mgd)--$600 per year; and(d)Noncontact water--$600 per year;(3)Ore mining and dressing as defined by 40 CFR 440 as amended to January 1, 2011:(a)Large scale gold and silver mines:(i)Process water--$30,000 per year; and(ii)Mine drainage water--$5,000 per year; and(b)Gold placer mining process water--$5,000 per year;(4)Mineral mining and processing as defined by 40 CFR 436 as amended to January 1, 2011:(a)Dimension stone--$600 per year;(b)Crushed stone--$600 per year;(c)Sand and Gravel--$600 per year;(d)Mineral pigments--$600 per year; and(e)Small scale mines--$600 per year;(5)Federal treatment works, excluding Ellsworth Air Force Base--$600 per year;(6)Steam electric power generating as defined by 40 CFR 423 as amended to January 1, 2011:(a)0.50 mgd or greater--$17,500 per year;(b)Less than 0.50 mgd--$6,250 per year; and(c)Noncontact cooling water--$600 per year; and(7)Electrical transformer reclamation--$5,000 per year.The secretary pursuant to the procedures contained in chapter 1-26 may establish the fee for any industrial or governmental treatment works with significant water quality loadings or that discharges toxic pollutants and is not included in the categories above, not to exceed thirty thousand dollars per year. Source: SL 1992, ch 254, §57; SL 2011, ch 165, §68.
SD Codified L § 34A-2-120 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-120 - Fee schedule for other entities.

34A-2-120. Fee schedule for other entities.For the entities listed below, the fee imposed in §34A-2-117 is as follows:(1)Other industrial and governmental treatment works not including treatment systems that will be assessed a fee based upon the population categories in §34A-2-118 or the industrial and governmental systems assessed a fee in §34A-2-119--$600 per facility per year;(2)Treatment works with permits that allow no discharge--$50 per facility per year;(3)Pretreatment industrial-user permits issued to any significant industrial user which is discharging to a publicly-owned treatment works--$600 per facility per year; and(4)Publicly-owned treatment facilities or a combination of publicly-owned treatment facilities operated by the same authority which request that the state administer their local pretreatment program--$35,000 per authority per year.In addition to the annual fee for pretreatment industrial-user permits, the department may require payment from the permittee for the cost for all analytical testing. This charge may not exceed one thousand six hundred dollars per process line annually.The fees imposed by §§34A-2-117 to 34A-2-119, inclusive, and this section are in addition to all other fees and taxes levied by law. Source: SL 1992, ch 254, §58.
SD Codified L § 34A-2-121 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-121 - Establishment of surface water discharge and pretreatment administrative subfund--Source of funds--Administration--Expenditures--Unexpended funds.

34A-2-121. Establishment of surface water discharge and pretreatment administrative subfund--Source of funds--Administration--Expenditures--Unexpended funds.There is hereby established in the environmental fee fund established in §1-41-23, the surface water discharge and pretreatment permit administrative subfund. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to §§34A-2-117 to 34A-2-120, inclusive. The subfund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the surface water discharge and pretreatment industrial user permit programs. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature. Source: SL 1992, ch 254, §59; SL 2021, ch 1 (Ex. Ord. 21-3), §53, eff. Apr. 19, 2021.
SD Codified L § 34A-2-122 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-122 - Owner or operator of surface water discharge or pretreatment system to pay annual fees--Application fee--Dates due.

34A-2-122. Owner or operator of surface water discharge or pretreatment system to pay annual fees--Application fee--Dates due.The obligation to pay the annual fee imposed by §§34A-2-117 to 34A-2-120, inclusive, is on the owner or operator of a surface water discharge or pretreatment system and accrues on July first, for all nonpublicly-owned facilities. The fee is due and payable by July thirty-first and shall be remitted to the Department of Agriculture and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26.The obligation to pay the annual fee imposed by §§34A-2-117 to 34A-2-120, inclusive, is on the owner or operator of a surface water discharge or pretreatment system and accrues on January first for all publicly-owned facilities. The fee is due and payable by January thirty-first and shall be remitted to the Department of Agriculture and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26.The obligation to pay the application fee imposed by §§34A-2-117 to 34A-2-120, inclusive, is on the owner or operator of a facility requesting either coverage under a general permit or water quality certification under section 401 of the Federal Water Pollution Control Act as amended to January 1, 2011. The application fee for such water quality certification does not apply to treatment works already required to submit a fee under other provisions of §§34A-2-117 to 34A-2-120, inclusive. The fee is due and payable and shall be remitted to the Department of Agriculture and Natural Resources along with the application forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26. Source: SL 1992, ch 254, §60; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2011, ch 165, §69; SL 2019, ch 158, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-2-123 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-123 - Promulgation of rules on disposal of sewage sludge.

34A-2-123. Promulgation of rules on disposal of sewage sludge.The board shall promulgate rules pursuant to chapter 1-26 to establish requirements for proper disposal of sewage sludge. Source: SL 1992, ch 254, §90.
SD Codified L § 34A-2-124 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-124 - General permit for category of water pollution control--Effective period--Modification, suspension, or revocation--Violation.

34A-2-124. General permit for category of water pollution control--Effective period--Modification, suspension, or revocation--Violation.After public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue a general permit for a category of water pollution control. A general permit issued by the board may be subject to such terms and conditions for installation, establishment, modification, operation, or abandonment of a category of water pollution control as the board finds reasonably necessary to adequately protect the public health, safety, welfare, and the environment of this state. Water pollution control activities conducted in conformity with a general permit do not require a permit issued by the secretary under §34A-2-27.A general permit shall remain in effect for a period of five years from the date of issuance or until suspended, revoked, or modified by the board. A general permit may be modified after public notice and opportunity for public hearing. A general permit may be suspended or revoked after publication of notice and order of suspension and revocation in at least three newspapers of general circulation in this state. If an affected facility or interested party wishes to contest the order, a request for hearing shall be filed with the department within twenty days. A hearing on the matter shall be held as soon thereafter as practicable. Notice of hearing shall be published in at least three newspapers of general circulation in this state. Any facility operating under a general permit pursuant to this section, upon the filing of a complaint to the board, and upon action by the board in accordance with the contested case provisions of chapter 1-26, may be removed from the jurisdiction of the general permit and required to obtain an individual permit. Any violation of a condition of a general permit issued pursuant to this section is subject to §34A-2-75. Source: SL 1993, ch 257, §13; SL 1999, ch 180, §2.
SD Codified L § 34A-2-125 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-125 - Fee on certain concentrated animal feeding operations--Subfund created.

34A-2-125. Fee on certain concentrated animal feeding operations--Subfund created.In addition to any other tax or fee levied by law, and notwithstanding the provisions of §34A-2-117, there is hereby imposed an annual fee on all concentrated animal feeding operations that are required to operate under a general or individual water pollution control permit issued under chapter 34A-2 or required to obtain approval of plans and specifications submitted after July 1, 1997, pursuant to §34A-2-27. The fee is two hundred fifty dollars for operations with two thousand or more animal units, one hundred seventy-five dollars for operations with one thousand to one thousand nine hundred ninety-nine animal units, and one hundred dollars for operations with less than one thousand animal units. The obligation to pay the fee is on the person filing the application for the water pollution control permit or the person required to obtain plans and specifications approval and accrues on July first of each year. By August first of each year, the Department of Agriculture and Natural Resources shall submit a billing to each person obligated to pay the fee. The fee is due and payable by September thirtieth and shall be remitted to the Department of Agriculture and Natural Resources.There is hereby established in the environment and natural resources fee fund established in §1-41-23 the concentrated animal feeding operation administrative subfund. The subfund consists of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to this section. The subfund shall be maintained separately and be administered by the Department of Agriculture and Natural Resources in order to defray the expenses associated with administering the concentrated animal feeding operation program. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature. Source: SL 1997, ch 209, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2019, ch 158, §5; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
SD Codified L § 34A-2-126 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02 - Water Pollution Control|Section 34A-2-126 - Administrative rules on underground injection control Class III wells and in situ leach mining tolled.

34A-2-126. Administrative rules on underground injection control Class III wells and in situ leach mining tolled.The legal force and effect of the underground injection control Class III rules promulgated under subdivision 34A-2-93(15) are tolled until the department obtains primary enforcement authority for underground injection control Class III wells from the United States Environmental Protection Agency. The in situ leach mining rules promulgated under subdivision 45-6B-81(10) as they relate to uranium are tolled until the department obtains agreement state status from the United States Nuclear Regulatory Commission. Source: SL 2011, ch 167, §1.
SD Codified L § 34A-2A-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02A - Chemigation|Section 34A-2A-1 - Definition of terms.

34A-2A-1. Definition of terms.Terms used in this chapter mean:(1)"Antipollution devices," any mechanical equipment used to reduce hazard to the environment in cases of malfunction or shutdown of chemigation equipment during chemigation and may include, but is not limited to, interlock, waterline check valve, chemical line closure device, vacuum relief device, and automatic low pressure drain;(2)"Chemical," any fertilizer or pesticide;(3)"Chemigation," any process whereby chemicals are added to irrigation water applied to land or crop or both through an irrigation system;(4)"Fertilizer," any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients;(5)"Irrigation system," any device or combination of devices having a hose, pipe, or other conduit which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied to land or crop or both. The term does not include any handheld hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source;(6)"Pesticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;(7)"Chief engineer," the officer employed by the Department of Agriculture and Natural Resources pursuant to §46-2-3. Source: SL 1988, ch 286, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-2A-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 02A - Chemigation|Section 34A-2A-2 - Use of irrigation system for chemigation--Compliance with standards and requirements--Penalties for violation.

34A-2A-2. Use of irrigation system for chemigation--Compliance with standards and requirements--Penalties for violation.Any person who uses an irrigation system for chemigation who fails to comply with the standards and requirements established pursuant to §34A-2A-3 is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. Each day of noncompliance is a separate violation. In addition, the Water Management Board may suspend or cancel any water permit or license pursuant to §46-1-12. Source: SL 1988, ch 286, §2; SL 1992, ch 158, §35.