reglab/housing_qa huggingface dataset:
SD Codified L § 34A-3A-20 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-20 - Annual fee schedule for public water systems.

34A-3A-20.Annual fee schedule for public water systems.There is hereby imposed an annual fee upon all public water systems under the provisions of section 1411 of the Federal Safe Drinking Water Act, 42 U.S. C. 300F et seq. as amended to January 1, 2011. The fee is assessed as follows:(1)For community water systems including municipalities, rural water systems, housing subdivisions, trailer parks, sanitary districts, religious colonies, and government operated water systems, the fee shall be based upon 1990 census data for municipalities, population served for nonmunicipalities, and the following fee table: Population RangeFee ($)25 to 501551 to 10030101 to 20060201 to 300100301 to 400140401 to 500180501 to 600220601 to 700260701 to 800300801 to 900340901 to 1,0003801,001 to 2,0006002,001 to 3,0001,0003,001 to 4,0001,4004,001 to 5,0001,8005,001 to 6,0002,2006,001 to 7,0002,6007,001 to 8,0003,0008,001 to 9,0003,4009,001 to 10,0003,800 10,001 to 11,0004,20011,001 to 12,0004,60012,001 to 13,0005,00013,001 to 14,0005,40014,001 to 15,0005,80015,001 to 16,0006,20016,001 to 17,0006,60017,001 to 18,0007,00018,001 to 19,0007,40019,001 to 20,0007,80020,001 to 30,00010,00030,001 to 40,00014,00040,001 to 50,00018,00050,001 to 60,00022,00060,001 to 70,00026,00070,001 to 80,00030,00080,001 to 90,00034,00090,001 to 100,00038,000 100,001 or more41,000 (2)For noncommunity water systems including private campgrounds, government-operated campgrounds, interstate highway rest areas, tourist attractions, gas stations, motels, public and private schools, and other systems providing drinking water to the public--$10.00 minimum.The fee imposed by this section is in addition to any other fee or tax. Source: SL 1992, ch 254, §68; SL 2011, ch 165, §82.
SD Codified L § 34A-3A-22 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-22 - Establishment of the drinking water administrative subfund--Source of subfund--Administration--Expenditures--Unexpended funds.

34A-3A-22. Establishment of the drinking water administrative subfund--Source of subfund--Administration--Expenditures--Unexpended funds.There is hereby established in the environmental fee fund created in §1-41-23, the drinking water administrative subfund. This subfund shall consist of legislative appropriations, federal grants, gifts, civil penalties received for any drinking water standards violations, and fees received pursuant to §34A-3A-20. The fund shall be maintained separately and be administered by the department in order to defray expenses of all activities associated with administering the drinking water 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 1992, ch 254, §70; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
SD Codified L § 34A-3A-23 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-23 - Owner or operator to pay fee imposed on public drinking water system--Date due.

34A-3A-23. Owner or operator to pay fee imposed on public drinking water system--Date due.The obligation to pay the fee imposed by §34A-3A-20 shall be upon the owner and operator of a public drinking water system and shall accrue on July first. 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. Source: SL 1992, ch 254, §71; 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, §6; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-3A-24 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-24 - Certain animal feeding operations prohibited from locating over shallow aquifer.

34A-3A-24. Certain animal feeding operations prohibited from locating over shallow aquifer.No concentrated animal feeding operation that includes a number of animals equal to or greater than one thousand animal units may be located over a shallow aquifer unless a groundwater discharge permit has been approved in accordance with chapter 34A-2. For purposes of this section, a shallow aquifer is any aquifer having the following characteristics:(1)The aquifer is within fifty feet or less below the land surface with fifteen feet or less of continuous, overlying, extremely low permeability geologic material, such as clayey till or shale. Weathered till or highly fractured weathered shale is not an extremely low permeability material for purposes of this section; or(2)The aquifer is greater than fifty feet but less than one hundred feet below the land surface with thirty feet or less of continuous overlying low to extremely low permeability geologic material that may be a combination of weathered and unweathered till, shale, or till and shale.This section does not apply to any concentrated animal feeding operation that was operating on or before July 1, 1997. This section does not limit or prohibit the expansion of any concentrated animal feeding operation that was operating on or before July 1, 1997.The provisions of this section do not apply to any county which has officially adopted a comprehensive plan and zoning ordinances pursuant to chapter 11-2 and wellhead protection ordinances pursuant to §7-18-20. Source: SL 1997, ch 210, §§1, 2.
SD Codified L § 34A-3A-25 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-25 - Promulgation of rules to carry out requirements of Federal Safe Drinking Water Act--Violation.

34A-3A-25. Promulgation of rules to carry out requirements of Federal Safe Drinking Water Act--Violation.In order to carry out the requirements of the Federal Safe Drinking Water Act as amended to January 1, 2011, the secretary of agriculture and natural resources shall promulgate rules, pursuant to chapter 1-26, establishing:(1)Procedures for a supplier of water to demonstrate that a new system intended to be a public water system has the technical, managerial, and financial capacity to achieve and maintain compliance with all relevant local, state, and federal requirements;(2)Procedures for the department to issue certificates of approval to new water suppliers once a technical, managerial, and financial capacity review, consistent with provisions of this chapter, is completed. The rules shall provide that a new system intended to be a public water system, after October 1, 1999, may not operate until it has been issued a certificate of approval;(3)The development and implementation of a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity to comply with all relevant local, state, and federal requirements; and(4)Such other rules as may be necessary to implement the provisions of the Federal Safe Drinking Water Act as amended to January 1, 2011, in a state drinking water program approved by the United States Environmental Protection Agency.A violation of any rule adopted pursuant to this section is subject to the penalties provided for in §34A-3A-3. Source: SL 1998, ch 217, §1; SL 2011, ch 165, §84; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-3A-26 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-26 - Penalties for violation of chapter--Factors considered in determining penalty--Disposition of funds collected.

34A-3A-26. Penalties for violation of chapter--Factors considered in determining penalty--Disposition of funds collected.A violation of any provision of this chapter or any rule promulgated pursuant to this chapter is subject to an administrative penalty assessed by the secretary, after notice and opportunity for hearing, pursuant to chapter 1-26. In the case of a public water system serving a population of more than ten thousand, the maximum penalty amount may be no more than one thousand dollars per day per violation. In the case of a public water system serving a population of less than ten thousand, the penalty may not exceed five hundred dollars per day per violation. The maximum penalty, assessed by the secretary, may not exceed five thousand dollars per violation. In determining the amount of the penalty upon finding a violation, or the amount of a settlement, the secretary shall consider the gravity of the violation, prior violations and compliance history, damage caused by the violation, the willfulness of the violation, and good faith attempts to achieve compliance. All penalties collected pursuant to this section shall be deposited in the regulated substance response fund, established pursuant to §34A-12-3. Source: SL 1999, ch 181, §2.
SD Codified L § 34A-3A-27 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-27 - Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing on order.

34A-3A-27. Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing on order.A monetary penalty issued under §34A-3A-26 shall be assessed against a violator by an administrative order of the secretary. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to be violated. The order shall contain a statement that the violator may request a contested case hearing on the violation and penalty pursuant to chapter 1-26, by filing a written request with the secretary no later than twenty days after the receipt of the order. The order shall state that a request for contested case hearing must state the specific part or parts of the order being contested along with relevant facts and supporting legal authorities. The secretary shall serve the order and assessment by certified mail. If not contested within twenty days of receipt, an administrative order assessing a monetary penalty under this section shall constitute a judgment and may be executed by delivery of a true and correct copy certified by the secretary in the manner provided for the execution of money judgments in chapter 15-18.If a hearing is requested, the matter shall be scheduled for a hearing before the secretary or a designee within thirty days from the receipt of the request. The department shall provide notice of the hearing consistent with the provisions of §1-26-17. Hearings shall be conducted pursuant to chapter 1-26. A final determination by the secretary may be appealed to the circuit and Supreme Court as provided in chapter 1-26. After a final determination, when the time to take an appeal has lapsed, the administrative order assessing a monetary penalty under this section shall constitute a judgment and may be executed by delivery of a true and correct copy certified by the secretary in the manner provided for the execution of judgments in chapter 15-18. Source: SL 1999, ch 181, §3.
SD Codified L § 34A-3A-28 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-28 - Administrative penalty for violation of chapter.

34A-3A-28. Administrative penalty for violation of chapter.Any violation of this chapter and the rules promulgated thereunder is subject to the administrative penalty provisions of §§34A-3A-26 and 34A-3A-27 and enforcement under §34A-3A-15. Source: SL 1999, ch 181, §4.
SD Codified L § 34A-5-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-1 - Areas subject to incorporation as districts.

34A-5-1. Areas subject to incorporation as districts.If any populated area outside the boundary of any municipality is situated so that the sewage of the populated area becomes, or may become, a menace to the residents of the populated area or to the residents of any municipality adjacent to the populated area, the populated area may be incorporated as a sanitary district as provided in this chapter. Source: SL 1947, ch 226, §1; SDC Supp 1960, §45.3801; SDCL §34-17-1; SL 1992, ch 60, §2; SL 2011, ch 165, §85.
SD Codified L § 34A-5-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-2 - Minimum population of district.

34A-5-2. Minimum population of district.No sanitary district may be incorporated which contains less than thirty legal residents, including minors, or less than ten landowners within the proposed district who are also registered voters in the proposed district. Source: SL 1947, ch 226, §3; SDC Supp 1960, §45.3803; SL 1964, ch 144, §1; SDCL, §34-17-2; SL 1973, ch 224; SL 1998, ch 36, §38.
SD Codified L § 34A-5-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-3 - Map of proposed district.

34A-5-3. Map of proposed district.Any person making application for the organization of a sanitary district shall first cause an accurate map to be made of the territory intended to be included in the sanitary district, showing the boundaries and area of the district. The accuracy of the map shall be verified by the affidavit of a surveyor. The map may be completed by reviewing records and legal descriptions at a county register of deeds office. Source: SL 1947, ch 226, §2; SDC Supp 1960, §45.3802; SDCL §34-17-3; SL 2001, ch 190, §1; SL 2011, ch 165, §86.
SD Codified L § 34A-5-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-5 - Survey, map, and census made available for public examination.

34A-5-5. Survey, map, and census made available for public examination.The survey and map when completed shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within the territory for a period of not less than twenty days for examination by any person having an interest in the application. Source: SL 1947, ch 226, §4; SDC Supp 1960, §45.3804; SL 1964, ch 144, §2; SDCL, §34-17-5; SL 1998, ch 36, §40.
SD Codified L § 34A-5-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-6 - Application for incorporation of district--Number of signatures required--Filing.

34A-5-6. Application for incorporation of district--Number of signatures required--Filing.The application for organization shall be as provided in §6-16-2 and shall be filed with the county auditor and presented to the board of county commissioners for consideration at the board's next meeting. Source: SL 1947, ch 226, §5; SDC Supp 1960, §45.3805; SL 1964, ch 144, §3; SDCL, §34-17-6; SL 1998, ch 36, §41.
SD Codified L § 34A-5-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-7 - Commissioners' order to incorporate district upon assent of electors--Name of district.

34A-5-7. Commissioners' order to incorporate district upon assent of electors--Name of district.If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the electors as specified in §6-16-2, in an election as provided in §§6-16-4 to 6-16-6, inclusive, be an incorporated sanitary district by the name specified in the application. The name shall be different from that of any other sanitary district in this state. Source: SL 1947, ch 226, §6; SDC Supp 1960, §45.3806; SL 1964, ch 144, §4; SDCL §34-17-7; SL 1998, ch 36, §42; SL 2011, ch 165, §87.
SD Codified L § 34A-5-11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-11 - Ballot form on question of incorporation--Majority required for approval.

34A-5-11. Ballot form on question of incorporation--Majority required for approval.If a majority vote in favor of the incorporation, the territory shall be deemed a sanitary district by the name and style specified in the order of incorporation by the board of county commissioners; otherwise, no further proceedings may be taken. Source: SL 1947, ch 226, §10; SDC Supp 1960, §45.3810; SDCL, §34-17-11; SL 1998, ch 36, §46.
SD Codified L § 34A-5-12 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-12 - Canvass and return of election results--Order of county commissioners declaring incorporation.

34A-5-12. Canvass and return of election results--Order of county commissioners declaring incorporation.If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the sanitary district has been incorporated by the name adopted. The order shall be conclusive of the fact of incorporation in all suits by or against the sanitary district. Source: SL 1947, ch 226, §11; SDC Supp 1960, §45.3811; SDCL, §34-17-12; SL 1998, ch 36, §47.
SD Codified L § 34A-5-13 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-13 - Expenditure of county funds for preliminary and election expenses--State funds.

34A-5-13. Expenditure of county funds for preliminary and election expenses--State funds.The county board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of the holding of elections on the incorporation of sanitary districts hereunder. The county board may accept and expend any funds appropriated to the State Department of Agriculture and Natural Resources and allocated by that department to the county for these purposes. Source: SDC Supp 1960, §45.3806 as added by SL 1964, ch 144, §4; SDCL, §34-17-13; SL 1986, ch 295, §20; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-5-14 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-14 - District as governmental subdivision and public body.

34A-5-14. District as governmental subdivision and public body.Any sanitary district established under this chapter is a governmental subdivision of this state and a public body, corporate and politic. Source: SL 1947, ch 226, §17; SDC Supp 1960, §45.3817; SDCL §34-17-14; SL 2011, ch 165, §88.
SD Codified L § 34A-5-14.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-14.1 - Districts to be governed by board of trustees--Number of members.

34A-5-14.1. Districts to be governed by board of trustees--Number of members.Each sanitary district shall be governed by a board of trustees elected at large, as provided in this chapter. Each board of trustees shall consist of an odd number of members and shall have at least three but not more than eleven members, as provided in this section.If a sanitary district provides or is proposed to provide sewer or water facility connections to more than one thousand five hundred households, farms, businesses, or other entities, the board of trustees shall consist of at least five but not more than eleven members. If a sanitary district provides or is proposed to provide at least one thousand but not more than one thousand five hundred sewer or water facility connections, the board of trustees shall consist of at least five but not more than nine members. If a sanitary district provides or is proposed to provide at least five hundred but not more than one thousand sewer or water facility connections, the board of trustees shall consist of at least three but not more than seven members. If a sanitary district provides or is proposed to provide fewer than five hundred sewer or water facility connections, the board of trustees shall consist of at least three but not more than five members. The number of trustees for a newly incorporated or consolidated sanitary district shall be specified in the order of incorporation issued under §34A-5-7 or in the consolidation resolution issued under §34A-5-46. Source: SL 1993, ch 258, §5; SL 2019, ch 160, §1.
SD Codified L § 34A-5-16 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-16 - Number and terms of office of district trustees--Inspectors' certificate as to persons elected.

34A-5-16. Number and terms of office of district trustees--Inspectors' certificate as to persons elected.There shall be elected at the first election of a sanitary district three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and one for a term of three years. The person having the highest number of votes shall serve for a term of three years, the person receiving the second highest number of votes shall serve for a term of two years, and the person receiving the third highest number of votes shall serve for a term of one year, and such persons shall be declared elected to such offices; thereafter, there shall be elected annually one trustee for a term of three years. The inspectors shall subscribe and certify a statement of the persons elected to fill the offices of trustees in such sanitary district and file the same with the county auditor within ten days after the date of such election. Source: SL 1947, ch 226, §12; SDC Supp 1960, §45.3812; SL 1964, ch 144, §5; SDCL, §34-17-16; SL 1969, ch 185, §1; revised pursuant to SL 1972, ch 15, §3.
SD Codified L § 34A-5-17 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-17 - Election on increase in number of trustees.

34A-5-17. Election on increase in number of trustees.The board of trustees may by resolution submit to the voters the question of whether the number of trustees shall be increased to five at a special election called for that purpose, or at the next regular election. Source: SL 1975, ch 220, §1; SDCL Supp, §34-17-16.1.
SD Codified L § 34A-5-18 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-18 - Notice of election--Separate ballots.

34A-5-18. Notice of election--Separate ballots.The board of trustees shall give notice pursuant to §6-16-4 of the election provided for in §34A-5-17. The question shall be submitted to the voters on a separate ballot and shall enable each voter to vote for or against the proposed question. Source: SL 1975, ch 220, §2; SDCL Supp, §34-17-16.2; SL 2000, ch 32, §6.
SD Codified L § 34A-5-19 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-19 - Election of additional trustees if increase approved--Terms of office--Certification.

34A-5-19. Election of additional trustees if increase approved--Terms of office--Certification.If a majority of the voters approve the question to increase the board of trustees to five, the voters shall elect one additional trustee for a three-year term and one additional trustee for a two-year term at the next regular election and the trustees shall be certified in the same manner as provided by law. Source: SL 1975, ch 220, §3; SDCL Supp, §34-17-16.3; SL 1998, ch 36, §49.