reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-56 - General permits for categories of air pollution sources--Terms and conditions--Modification, suspension or revocation--Violation.

34A-1-56. General permits for categories of air pollution sources--Terms and conditions--Modification, suspension or revocation--Violation.
Upon the recommendation of the secretary and 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 general permits for categories of air pollution sources. However, a general permit may only be issued to sources that are required by federal law to be permitted and may be no more stringent than any federal law, rule, or regulation that is applicable to the source being permitted. Air pollution control activities conducted in conformity with a general permit do not require a permit issued under §34A-1-21.
A general permit remains in effect 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.
A violation of a condition of a permit issued pursuant to this section, or the operation of a source covered by this section without a permit is subject to §34A-1-39.
Source:
SL 1991, ch 288, §2; SL 1992, ch 158, §16; SL 1993, ch 257, §8; SL 1995, ch 203, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-57 - State administration of air pollution control program--Imposition of fees.

34A-1-57. State administration of air pollution control program--Imposition of fees.
In order to enhance economic development, provide increased customer service, protect the public health, safety, welfare, and the environment of this state, the state shall retain state administration of the air pollution control program as provided under Title V of the Federal Clean Air Act as amended to January 1, 1992. In order to retain state administration of this program, as provided in the Clean Air Act, fees shall be imposed upon certain air pollution point sources as provided in §34A-1-58. Proceeds from the fees shall be used to defray the costs of administering the state's air quality permitting program.
Source:
SL 1992, ch 254, §72; SL 1993, ch 34, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-58.1 - Ethanol production plants--Application and annual fees.

34A-1-58.1. Ethanol production plants--Application and annual fees.
Ethanol production plants are exempt from the fees established in §34A-1-58 and, in lieu thereof, are subject to the fees established by this section. Concurrent with the submittal of a permit application pursuant to this chapter, the applicant for an air quality permit for an ethanol production plant shall submit to the department an application fee of one thousand dollars. In addition, the owner or operator of an ethanol production plant shall submit to the department an annual fee for the duration of the air quality permit. The annual fee shall consist of an administrative fee of one thousand dollars and an emissions fee in the amount of forty dollars per ton of total suspended particulate matter, sulfur dioxide, nitrogen oxide, volatile organic compounds, and hazardous air pollutants emitted to the air by the ethanol production plant during the previous calendar year. The department shall give written notice of the amount of the fee to be assessed and the basis for the assessment under this section to the owner or operator of the ethanol production plant by June first of each calendar year. The annual fee shall accrue on July first of the year after the permit is issued and annually thereafter. The annual 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 fees shall be administered and used by the department in the same manner as prescribed for other fees established in this chapter.
Source: SL 2007, ch 202, §1; SL 2011, ch 1 (Ex. Ord.
11-1
), §161, eff. Apr. 12, 2011; SL 2019, ch 158, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-59 - Establishment of air quality subfund--Source of subfund--Administration--Expenditures--Unexpended funds.

34A-1-59. Establishment of air quality subfund--Source of subfund--Administration--Expenditures--Unexpended funds.
There is hereby established in the environmental fee fund created in §1-41-23, the air quality subfund. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to §34A-1-58. 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 air quality permit 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, §74; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-60 - Owner or operator to pay annual fee--Date due.

34A-1-60. Owner or operator to pay annual fee--Date due.
The obligation to pay the annual fee imposed by §34A-1-58 is upon the owner or operator of a regulated air contaminant source and shall accrue on July first for all 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.
Source: SL 1992, ch 254, §75; SL 1993, ch 257, §7; 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, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-61 - Permit revocation, modification, or suspension--Fees.

34A-1-61. Permit revocation, modification, or suspension--Fees.
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 emissions.
Source:
SL 1992, ch 254, §93.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-62 - Additional penalty for knowingly violating provisions of this chapter.

34A-1-62. Additional penalty for knowingly violating provisions of this chapter.
In addition to any other civil or criminal penalty imposed by this chapter, any person who knowingly violates any applicable requirement, any permit condition, or any fee or filing requirement of this chapter, or who knowingly makes any false material statement, representation, or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any required monitoring device or method is guilty of a Class 1 misdemeanor and, notwithstanding the maximum penalties provided by §22-6-2, is subject to a criminal fine in a maximum amount of ten thousand dollars per day per violation.
Source:
SL 1995, ch 203, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-63 - Definitions pertaining to clean air act settlement fund.

34A-1-63. Definitions pertaining to clean air act settlement fund .
Terms used in §34A-1-64 mean:
(1)"Board," the Board of Minerals and Environment;
(2)"Clean air act settlement fund," South Dakota's share of the mitigation fund as a designated state beneficiary;
(3)"Department," the Department of Agriculture and Natural Resources;
(4)"Mitigation fund," the Volkswagen Diesel Emissions Environmental Mitigation Trust administered by Wilmington Trust, N.A., the Trustee, which the United States District Court for the Northern District of California in the case of IN RE: VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION, Case No: MDL No. 2672 CRB (JSC) ordered to be created as part of Volkswagen Corporation's settlement with the United States and the State of California, the funds in which are to be used by states to reduce nitrogen oxide air emissions from mobile sources;
(5)"Secretary," the secretary of the Department of Agriculture and Natural Resources.
Source: SL 2019, ch 159, §1, eff. Mar. 5, 2019; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-64 - Clean air act settlement fund created.

34A-1-64. Clean air act settlement fund created .
Any funds received by the state from the mitigation fund shall be deposited into the clean air act settlement fund that is hereby created. The funds shall be administered by the secretary for the purpose of facilitating the improvement and protection of the ambient air quality throughout the state by reducing nitrogen oxide air emissions from mobile sources pursuant to a beneficiary mitigation plan developed by the department and approved by the board. The department's administrative costs of implementing the mitigation fund will be paid from the clean air act settlement fund through the air quality subfund established in §34A-1-59. Any interest earned on the clean air act settlement fund shall be returned to the mitigation fund.
Source:
SL 2019, ch 159, §2, eff. Mar. 5, 2019.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-1 - Legislative findings and policy.

34A-2-1. Legislative findings and policy.
Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish, and aquatic life, and impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, and whereas the problem of water pollution in this state is closely related to the problem of water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the waters of the state and to protect, maintain, and improve the quality thereof for water supplies, for the propagation of wildlife, fish, and aquatic life, and for domestic, agricultural, industrial, recreational, and other legitimate uses; to provide that no waste be discharged into any waters of the state without first receiving the necessary treatment or other corrective action to protect the legitimate and beneficial uses of such waters; to provide for the prevention, abatement, and control of new and existing water pollution; and to cooperate with other agencies of the state, agencies of other states, and the federal government in carrying out these objectives.
Source:
SL 1973, ch 280, §1; SDCL Supp, §46-25-23.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-6 - Planning consistent with federal requirements--Maximum daily loads.

34A-2-6. Planning consistent with federal requirements--Maximum daily loads.
The secretary may establish and conduct a continuing planning process consistent with the requirements of the Federal Water Pollution Control Act, as amended to January 1, 2011, including the establishment and application of maximum daily loads of pollutants.
Source:
SL 1973, ch 280, §6 (12); SDCL Supp, §46-25-28; SL 2011, ch 165, §35.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-10 - Classification of waters.

34A-2-10. Classification of waters.
The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish or modify the classification of all waters in accordance with their present and future beneficial uses.
Source:
SL 1973, ch 280, §4 (2); SDCL Supp, §46-25-32; SL 1978, ch 260, §1; SL 1993, ch 256, §8.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-11 - Water quality standards--Factors considered--Objectives--Violation.

34A-2-11. Water quality standards--Factors considered--Objectives--Violation.
The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish water quality standards and to classify water according to its beneficial uses. The board shall consider environmental, technical, social, and economic factors and present use, persons adversely affected, natural background waters in relationship to the contaminants and pollutants contained in the waters, existing degradation, and irretrievable man-induced conditions placed on those waters. The standards shall protect the public health and welfare and the use of the waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial, and other legitimate uses in accordance with the Federal Water Pollution Control Act as amended to January 1, 2011. A violation of standards promulgated pursuant to this section is subject to §34A-2-75.
Source:
SDC Supp 1960, §61.0145 as enacted by SL 1966, ch 260, §1; SL 1967, ch 340; SDCL §46-25-7; SL 1973, ch 280, §4 (3); SDCL Supp, §46-25-33; SL 1978, ch 260, §2; SL 1986, ch 295, §9; SL 1988, ch 285, §1A; SL 1992, ch 158, §16B; SL 1993, ch 256, §9; SL 2011, ch 165, §36.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-11.1 - Presumption favoring existing quality standards.

34A-2-11.1. Presumption favoring existing quality standards.
For the purpose of §§34A-2-10 and 34A-2-11, existing valid water quality standards shall be presumed to be in accordance with such sections and the presumption shall be rebuttable.
Source:
SL 1978, ch 260, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-12 - Regulation of public water supplies--Violation.

34A-2-12. Regulation of public water supplies--Violation.
The Board of Water Management shall promulgate rules pursuant to chapter 1-26 regulating public water supplies. A violation of rules promulgated pursuant to this section is subject to §34A-2-75.
Source:
SL 1974, ch 245, §10; SDCL Supp, §46-25-33.1; SL 1985, ch 283, §24; SL 1992, ch 158, §16C; SL 1993, ch 256, §10; SL 2011, ch 166, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-13 - Effluent standards--Minimum requirements--Violation.

34A-2-13. Effluent standards--Minimum requirements--Violation.
The board shall promulgate rules pursuant to chapter 1-26 to formulate effluent standards, which include as a minimum all categories for which the federal government has set standards pursuant to the Federal Water Pollution Control Act, as amended to January 1, 2011. The state standards shall be at least as stringent as the standards adopted by the federal government. Any person who violates these standards is subject to §34A-2-75.
Source:
SL 1973, ch 280, §4 (4); SDCL Supp, §46-25-34; SL 1992, ch 158, §17; SL 1993, ch 256, §11; SL 2011, ch 165, §37.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-14 - Pretreatment standards for industrial users of inadequate public treatment works--Violation.

34A-2-14. Pretreatment standards for industrial users of inadequate public treatment works--Violation.
The board shall promulgate rules pursuant to chapter 1-26 governing pretreatment standards to be applied against industrial users of publicly owned treatment works for the introduction of pollutants into publicly owned treatment works which interfere with, pass through, or otherwise are incompatible with such treatment works. A violation of rules promulgated pursuant to this section is subject to §34A-2-75.
Source:
SL 1974, ch 287, §1; SDCL Supp, §46-25-34.1; SL 1988, ch 285, §2; SL 1992, ch 158, §17A.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-15 - Violation of pretreatment standards for industrial user--Implementation of Federal Water Pollution Control Act.

34A-2-15. Violation of pretreatment standards for industrial user--Implementation of Federal Water Pollution Control Act.
Any industrial user of publicly owned treatment works who violates pretreatment standards is subject to §34A-2-75. The secretary or the owner of a publicly owned treatment works shall implement all provisions of section 307 of the Federal Water Pollution Control Act as amended to January 1, 2011, including issuing pretreatment industrial user permits to significant industrial users in accordance with §§34A-2-30 and 34A-2-36.
Source:
SL 1974, ch 287, §2; SDCL Supp, §46-25-34.2; SL 1988, ch 285, §3; SL 1992, ch 158, §18; SL 1992, ch 254, §53; SL 2011, ch 165, §38.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-16 - Enforcement of pretreatment standards for industrial users.

34A-2-16. Enforcement of pretreatment standards for industrial users.
The secretary and owners of publicly owned treatment works may enforce pretreatment standards for pollutants introduced into its publicly owned treatment works, pursuant to the compliance and enforcement procedures of this chapter, by industrial users of such treatment works.
Source:
SL 1974, ch 287, §3; SDCL Supp, §46-25-34.3; SL 1988, ch 285, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-17 - Periodic review of classification and standards.

34A-2-17. Periodic review of classification and standards.
The board shall review from time to time, at intervals of not more than three years, established classification of waters, water quality standards, and effluent standards.
Source:
SL 1973, ch 280, §4 (5); SDCL Supp, §46-25-35.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-18 - Procedure for establishment of classification, standards or rules.

34A-2-18. Procedure for establishment of classification, standards or rules.
Before waters are classified or standards established or modified, or rules made, revoked, or modified, the board shall follow the procedures established by chapter 1-26.
Source:
SDC Supp 1960, §61.0145 as enacted by SL 1966, ch 260, §1; SL 1967, ch 340; SDCL, §46-25-8; SL 1973, ch 280, §10; SDCL Supp, §46-25-36.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-20 - Establishment of waste treatment requirements.

34A-2-20. Establishment of waste treatment requirements.
The board shall establish minimum requirements for the treatment of wastes.
Source:
SL 1973, ch 280, §4 (11); SDCL Supp, §46-25-38.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-21 - Causing pollution of waters prohibited--Placement of wastes--Violation.

34A-2-21. Causing pollution of waters prohibited--Placement of wastes--Violation.
No person may cause pollution of any waters of the state, or place or cause to be placed any wastes in a location where they are likely to cause pollution of any waters of the state. A violation of this section is subject to §34A-2-75 and may be abated as a public nuisance.
Source:
SDC 1939, §§13.1506, 61.9901; SDCL, §46-25-17; SL 1973, ch 280, §8 (1); SDCL Supp, §46-25-39; SL 1977, ch 190, §635; SL 1984, ch 243, §3; SL 1992, ch 158, §20.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-22 - Reduction of existing water quality by discharge of waste prohibited--Violation as nuisance.

34A-2-22. Reduction of existing water quality by discharge of waste prohibited--Violation as nuisance.
No person may discharge any wastes into any waters of the state which reduce the quality of such waters below the water quality level existing on March 27, 1973. A violation of this section is subject to §34A-2-75 and may be abated as a public nuisance.
Source:
SL 1973, ch 280, §8 (2); SDCL Supp, §46-25-40; SL 1977, ch 190, §636; SL 1984, ch 243, §4; SL 1992, ch 158, §21.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-24 - Discharge of wastes allowed when economic or social necessity found--Exception.

34A-2-24. Discharge of wastes allowed when economic or social necessity found--Exception.
Notwithstanding §34A-2-22, discharge of wastes into waters of the state which reduce the quality of such waters below the water quality level existing on March 27, 1973, will be allowed if it is affirmatively demonstrated to the board and the board finds by a majority vote of its members, after a public hearing on such request, that there may be a discharge, if the discharge will not result in the violation of applicable water standards, and if the discharge is found justifiable as a result of necessary economic or social development. The board may not allow a discharge if the discharge results in a violation of the existing water standards.
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 (2); SDCL Supp, §46-25-42; SL 1988, ch 285, §4A; SL 2011, ch 165, §39.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-36.2 - Concentrated animal feeding operation--Permit.

34A-2-36.2. Concentrated animal feeding operation--Permit.
Each concentrated animal feeding operation, as defined by 40 C.F.R. §122.23 (January 1, 2023), shall operate under a general or individual water pollution control permit, issued pursuant to §34A-2-36.
Source: SL 2007, ch 203, §1; SL 2023, ch 131, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-36.3 - Permit required for large operations.

34A-2-36.3. Permit required for large operations.
If an operation processes or stores manure, or processes or stores process wastewater, as those terms are defined in 40 C.F. R. §122.23 (January 1, 2023), without coverage under a concentrated animal feeding operation's general or individual water pollution control permit issued pursuant to §§34A-2-36 and 34A-2-36.2, and if the maximum number of permitted or unpermitted animals from which manure or process wastewater is processed or stored would meet the definition of a large concentrated animal feeding operation, under 40 C.F.R. §122.23 (January 1, 2023), that operation must obtain its own general or individual water pollution permit pursuant to §34A-2-36.
Source: SL 2023, ch 131, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.