reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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 Range
Fee ($)
25 to 50
37
51 to 100
75
101 to 200
150
201 to 300
250
301 to 400
350
401 to 500
450
501 to 600
550
601 to 700
650
701 to 800
750
801 to 900
850
901 to 1,000
950
1,001 to 2,000
1,500
2,001 to 3,000
2,500
3,001 to 4,000
3,500
4,001 to 5,000
4,500
5,001 to 6,000
5,500
6,001 to 7,000
6,500
7,001 to 8,000
7,500
8,001 to 9,000
8,500
9,001 to 10,000
9,500
10,001 to 11,000
10,500
11,001 to 12,000
11,500
12,001 to 13,000
12,500
13,001 to 14,000
13,500
14,001 to 15,000
14,500
15,001 to 16,000
15,500
16,001 to 17,000
16,500
17,001 to 18,000
17,500
18,001 to 19,000
18,500
19,001 to 20,000
19,500
20,001 to 30,000
25,000
30,001 to 40,000
35,000
40,001 to 50,000
45,000
50,001 to 60,000
55,000
60,001 to 70,000
65,000
70,001 to 80,000
75,000
80,001 to 90,000
85,000
90,001 to 100,000
95,000
100,001 or more
125,000
Source:
SL 1992, ch 254, §56; SL 2018, ch 212, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02A - Chemigation › Section 34A-2A-3 - Promulgation of rules regarding standards and requirements.

34A-2A-3. Promulgation of rules regarding standards and requirements.
The Water Management Board, with the assistance of the chief engineer, shall establish, by rules promulgated pursuant to chapter 1-26:
(1)Chemigation equipment standards, performance standards, and installation requirements; and
(2)Requirements regarding the use and location of antipollution devices.
The requirements and standards established pursuant to this section may provide for additional protection if chemigation involves the application of a pesticide, rather than a fertilizer.
Source:
SL 1988, ch 286, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02A - Chemigation › Section 34A-2A-4 - Entry by chief engineer to determine compliance.

34A-2A-4. Entry by chief engineer to determine compliance.
The chief engineer may enter upon the land of a person as provided in §46-2-19 for the purpose of determining whether such person is in compliance with the provisions of this chapter and any rules promulgated pursuant to this chapter.
Source:
SL 1988, ch 286, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-1 - Definitions.

34A-2B-1. Definitions.
Terms used in this section mean:
(1)"Corrective action," any action taken to minimize, contain, eliminate, remediate, mitigate, and clean up a discharge from a livestock operation, including any necessary emergency remedial action;
(2)"Corrective action cost," any cost incurred by the department in the investigation of a discharge from a livestock operation; in the corrective action that is required if the secretary determines that a discharge has occurred, or a potential for a discharge exists but an owner, operator, or liability fund capable of performing the corrective actions either cannot be identified, refuses, or is unable to undertake the corrective actions; or the performance of reasonable measures undertaken to prevent or mitigate damage to the public health, safety, welfare, or environment of the state;
(3)"Department," the Department of Agriculture and Natural Resources;
(4)"Discharge," an intentional or unintentional act or omission which results in the release, spill, leak, escape, or disposal of manure or other materials or wastes associated with livestock operations that have not been contained or managed properly and are a source of harm or a threat of harm to public health, safety, or the environment, and must be corrected. The term excludes any allowable discharge from a livestock operation made in compliance with the conditions of a state environmental permit;
(5)"Emergency remedial effort," any action taken to protect the public health, safety, or the environment from imminent danger resulting from a discharge or threatened discharge, and any action taken to contain a discharge which, if not contained, will in time pose a greater threat to the public health, safety, or the environment than if such action is not immediately taken;
(6)"Environment," land, including public and private property, surface and underground waters, fish, wildlife, biota, air, and other such resources within the state;
(7)"Person," public or private corporations, companies, associations, societies, firms, limited liability companies, partnerships, cooperatives, joint stock companies, individuals, the United States, this state and any of its political subdivisions and agencies, and any other state;
(8)"Responsible person," a person who has caused a discharge of manure or other material or waste associated with livestock operations, or a person who is an owner or operator of a livestock operation at any time during or after the discharge, or a person otherwise jointly or severally liable under law for the discharge; and
(9)"Secretary," the secretary of the Department of Agriculture and Natural Resources.
Source: SL 1998, ch 216, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-2 - Environmental livestock cleanup fund--Sources of funding.

34A-2B-2. Environmental livestock cleanup fund--Sources of funding.
There is hereby established in the state treasury an operating fund to be known as the environmental livestock cleanup fund for the purpose of providing funds for the cleanup of discharges as defined in §34A-2B-1. Money from the following sources shall be deposited into the environmental livestock cleanup fund:
(1)Money, other than criminal fines assessed in criminal actions, recovered by the state from any livestock operation in any action or administrative proceeding based upon violation of the state's environmental statutes in Title 34A or upon damage to the environment, including actions for administrative expense recoveries, civil penalties, compensatory damages, and money paid pursuant to any agreement, stipulation, or settlement in such actions or proceedings;
(2)Interest attributable to investment of the money in the fund; and
(3)Money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of the environmental livestock cleanup fund.
All money in the environmental livestock cleanup fund is continuously appropriated for the purposes specified in §34A-2B-3. All money received by the department for the environmental livestock cleanup fund shall be set forth in an informational budget pursuant to §4-7-7.2 and be annually reviewed by the Legislature.
Source:
SL 1998, ch 216, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-3 - Expenditure of funds by secretary.

34A-2B-3. Expenditure of funds by secretary.
If necessary in the performance of duties under the environmental statutes in Title 34A, the secretary may expend money from the environmental livestock cleanup fund to provide for the costs of investigations, emergency remedial efforts, corrective actions, and managerial or administrative activities associated with such activities resulting from a discharge. The secretary's use of the environmental livestock cleanup fund shall be based upon the following:
(1)In the case of an investigation, when the secretary determines that a discharge has probably occurred and that the general operating budget of the department for such purposes is not adequate to cover the costs of the necessary investigatory activities;
(2)In the case of an emergency remedial effort, when the secretary determines that a discharge has occurred and that corrective actions shall be immediately undertaken to protect an imminent threat to the public health or safety or to contain a discharge which, if not immediately contained, will in time pose a significantly greater threat to public health or safety or to the environment of this state than if such action is not immediately taken;
(3)In the case of a discharge not of an emergency nature when the secretary determines that a discharge has occurred, that a responsible party or liability fund capable of performing the corrective actions either cannot be identified or refuses to undertake corrective actions, and that corrective actions shall be undertaken to protect the public health, safety, welfare, or environment of the state; or
(4)In the case of corrective action required at a livestock operation when the secretary determines that the potential for a discharge exists, that an owner, operator, or liability fund capable of performing the corrective actions either cannot be identified, refuses or is unable to undertake corrective actions, and that corrective action must be undertaken to protect against an imminent threat to the public health, safety, welfare, or environment of the state.
Source:
SL 1998, ch 216, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-4 - Disbursement of funds.

34A-2B-4. Disbursement of funds.
The department shall perform all administrative functions relative to the environmental livestock cleanup fund and corrective actions funded by it. Disbursements from the environmental livestock cleanup fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary.
Source:
SL 1998, ch 216, §7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-5 - Reimbursement for corrective actions.

34A-2B-5. Reimbursement for corrective actions.
The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the environmental livestock cleanup fund. The secretary may seek recovery of other funds expended by the department as a result of a discharge through actions brought under the provisions of Title 34A.
Source:
SL 1998, ch 216, §8.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-6 - Compliance with conditions of permits--Discharge.

34A-2B-6. Compliance with conditions of permits--Discharge.
The discharge of manure and other materials or wastes associated with livestock operations is prohibited unless pursuant to and in compliance with the conditions of permits issued in accordance with environmental statutes in Title 34A.
Source:
SL 1998, ch 216, §9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-7 - Violation--Corrective action.

34A-2B-7. Violation--Corrective action.
If a discharge in violation of §34A-2B-6 has occurred, or the department has reason to believe that a discharge in violation of §34A-2B-6 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. If the responsible person fails to comply with the department's order, the department may file an injunctive action in the circuit court of the county wherein the discharge has occurred seeking such corrective action. If the discharge occurs at any operation permitted under Title 34A and constitutes a violation of such permit, the department may order the operation to cease and desist further activity for the duration of the corrective action. This section is supplementary to other remedies available to the department under Title 34A.
Source:
SL 1998, ch 216, §10.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-8 - Judicial remedies.

34A-2B-8. Judicial remedies.
The department may file an action in circuit court for preliminary and permanent injunctive relief if the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge.
Source:
SL 1998, ch 216, §11.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-9 - Violator's liability for expenses.

34A-2B-9. Violator's liability for expenses.
Any person who has caused a discharge in violation of §34A-2B-6 is strictly liable for the corrective action costs expended by the department.
Source:
SL 1998, ch 216, §12.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-10 - Lien on property--Notice--Priority of lien--Exceptions.

34A-2B-10. Lien on property--Notice--Priority of lien--Exceptions.
All corrective action costs expended pursuant to this section constitute a lien on the property where the discharge occurs when a notice of lien is filed with the register of deeds in the county in which the property is located. The notice of lien shall contain a description of the property of the responsible person upon which the lien is made, a description of the property from which the discharge requiring corrective action or emergency remedial efforts occurred, and a statement of the corrective action costs expended from the environmental livestock cleanup fund. Upon entry, the lien shall attach to all real property of the responsible person. The lien has priority over all other claims or liens on the property, except those which had been perfected before the department's filing of the notice of lien. No lien may be filed if a responsible person cannot be identified or if negligence was not a factor in the discharge.
Source:
SL 1998, ch 216, §13.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02B - Livestock Discharge Control › Section 34A-2B-11 - Other remedies.

34A-2B-11. Other remedies.
Nothing in this section precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department or any other person. Administrative remedies need not be exhausted in order to proceed under this section. The remedies provided by this section are in addition to those provided by existing statutory or common law.
Source:
SL 1998, ch 216, §14.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-1 - Definition of terms.

34A-3-1. Definition of terms.
Terms used in this chapter, unless the context otherwise requires, mean:
(1)"Board," the Board of Certification.
(2)"Certificate," a certificate of competency issued by the Department of Agriculture and Natural Resources stating that the operator has met the requirements for the specified operator classification of the certification program.
(3)"Department," Department of Agriculture and Natural Resources.
(4)"Operator," a person who is responsible for the operation of the environment treatment plant or wastewater treatment plant or the person who is responsible for operation of the water distribution system or wastewater collection system.
(5)"Secretary," secretary of the Department of Agriculture and Natural Resources.
(6)"Wastewater collection system," that portion of a wastewater system that is to convey wastewater to a treatment plant.
(7)"Wastewater treatment plant," the facility or group of units provided for the treatment of wastewater, either or both sewage and industrial wastes, and for the reduction and handling of sludge removed from such wastes.
(8)"Water distribution system," that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer.
(9)"Water supply system," the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household use or any use by humans.
(10)"Water treatment plant," that portion of the water supply system which in some ways alters either the physical, chemical or bacteriological quality of the water.
Source: SL 1970, ch 217, §1; SDCL Supp, §36-22A-1; SL 1977, ch 280, §§34, 35; SL 1986, ch 295, §15; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-2 - Classification of plants and systems according to skill required.

34A-3-2. Classification of plants and systems according to skill required.
The secretary shall classify all water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, and according to the skill, knowledge, and experience that the operator must have to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems so as to protect the public health.
Source:
SL 1970, ch 217, §2; SDCL Supp, §36-22A-2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-3 - Certification of qualifications to supervise plants and systems.

34A-3-3. Certification of qualifications to supervise plants and systems.
The secretary shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems after considering the recommendations of the Board of Certification.
Source:
SL 1970, ch 217, §3; SDCL Supp, §36-22A-3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-4 - Plants and systems for which certified operators required.

34A-3-4. Plants and systems for which certified operators required.
All water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, serving a demand equal to five hundred or more persons and all water treatment plants using surface water or groundwater under the direct influence of surface water, in whole or in part, whether publicly or privately owned, shall be under the supervision of an operator whose competency is certified to by the secretary in a grade corresponding to the classification of that portion of the system to be supervised. Beginning January 1, 1993, all water treatment systems utilizing disinfection equipment shall be under the supervision of a certified operator.
Source:
SL 1970, ch 217, §4; SDCL Supp, §36-22A-4; SL 1991, ch 291.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-4.1 - Operator certification to comply with federal Safe Drinking Water Act.

34A-3-4.1. Operator certification to comply with federal Safe Drinking Water Act.
All water treatment plants and water distribution systems required by section 1419 of the federal Safe Drinking Water Act, as amended to January 1, 2000, shall be under the supervision of an operator whose competency is certified by the secretary in a grade corresponding to the classification of the plant or system. Certificates of proper classification shall be issued without examination to the operators of plants and systems not requiring certified operators under §34A-3-4 before July 1, 2000. The governing body or owner of the water system shall designate such persons in writing to the secretary by January 1, 2001. A certificate so issued is valid only for that operator and that plant or system. The certificate shall be marked, restricted. If the water treatment or distribution system is classified to a higher level, the operator shall meet the initial certification requirements for the system's new classification. An operator issued a restricted certificate pursuant to this section shall comply with all rules promulgated pursuant to §34A-3-24, for certificate renewal and training of certified operators. A restricted certificate may be revoked pursuant to §§34A-3-21 to 34A-3-23, inclusive, as provided for in this chapter and the rules promulgated pursuant to §34A-3-24. The secretary may promulgate rules pursuant to chapter 1-26 to provide for the issuance and renewal of certificates and other requirements for certified operators under this section and as otherwise may be necessary to implement the requirements of the federal Safe Drinking Water Act, as amended to January 1, 2000, in a state drinking water program approved by the United States Environmental Protection Agency.
Source:
SL 2000, ch 176, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-5 - Board of Certification created--Functions--Composition of board.

34A-3-5. Board of Certification created--Functions--Composition of board.
There is hereby created a Board of Certification to advise and assist the secretary of agriculture and natural resources in the administration of the program of certification. The board shall consist of six members appointed by the secretary of the Department of Agriculture and Natural Resources as follows:
(1)Four shall be employed as environment and wastewater works operators and shall hold valid certificates provided for in this chapter.
(2)One shall be an employee of a municipality which is required to employ a certified operator and shall hold the position of city manager, city engineer, director of public works, or an equivalent position.
(3)One shall be a faculty member of a college, university, or professional school operated within this state, and whose major field is related to sanitary engineering.
Source: SL 1970, ch 217, §6; SDCL Supp, §36-22A-5; SL 1974, ch 3, §26; SL 1977, ch 280, §36; SL 1986, ch 295, §16; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-7 - Terms of office of appointive members of board.

34A-3-7. Terms of office of appointive members of board.
The appointed members' terms of office on the board shall be three years and until their successors are selected and qualified.
Source:
SL 1970, ch 217, §6; SDCL Supp, §36-22A-6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-8 - Vacancy in appointive membership--Termination of membership.

34A-3-8. Vacancy in appointive membership--Termination of membership.
If a vacancy occurs in the appointed membership of the board, the secretary may appoint a member for the remaining portion of the unexpired term created by the vacancy. The membership of any board member who leaves his or her field of employment or who moves from the State of South Dakota automatically terminates.
Source:
SL 1970, ch 217, §6; SDCL Supp, §36-22A-7; SL 2011, ch 165, §70.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-9 - Chairman and officers of board--Secretary.

34A-3-9. Chairman and officers of board--Secretary.
Each year the board shall select from its membership a chairman and such other officers as may be needed to conduct business. The secretary shall designate a member of the department staff as secretary of the board without power to vote.
Source:
SL 1970, ch 217, §7; SDCL Supp, §36-22-8; SL 1977, ch 280, §38.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-11 - Duties of secretary.

34A-3-11. Duties of secretary.
The secretary shall:
(1)Hold at least one examination each year at the designated time and place for the purpose of examining candidates for certification;
(2)Advertise and promote the program of certification of water and wastewater works operators;
(3)Encourage other operators to become certified other than those required to do so by law;
(4)Distribute applications and notices;
(5)Receive and evaluate applications;
(6)Collect fees, not exceeding sixty dollars to cover reasonable costs of operator certification exams;
(7)Prepare, conduct, and grade examinations;
(8)Maintain records of operator qualifications and certification, and maintain a register of certified operators;
(9)Promote and schedule regular training schools and programs.
Source:
SL 1970, ch 217, §8; SDCL Supp, §36-22A-11; SL 1977, ch 280, §40; SL 2011, ch 165, §71; SL 2021, ch 162, § 1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-12 - Functions performed by Department of Agriculture and Natural Resources and Board of Water Management.

34A-3-12. Functions performed by Department of Agriculture and Natural Resources and Board of Water Management.
The Department of Agriculture and Natural Resources shall perform all the functions of the former Department of Environment and Natural Resources, and the Public Health Advisory Committee, the former state health officer, and the Department of Health with respect to water hygiene programs authorized under, but not limited to, this chapter, except that the Board of Water Management shall perform any advisory functions as defined in §1-32-1.
Source:
SL 1973, ch 2, §103; SDCL Supp, §36-22A-11.1; SL 1974, ch 3, §25; SL 1986, ch 295, §18; SL 2021, ch 1 (Ex. Ord. 21-3), § 62, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-13 - Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor.

34A-3-13. Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor.
It is a Class 2 misdemeanor for any person, firm, or corporation, municipal or private, operating a water supply system or wastewater system to operate the water treatment plant, wastewater treatment plant, water distribution and wastewater collection systems unless the competency of the operator who is in direct responsible charge is certified by the secretary. Each operator who is in direct responsible charge shall, within one year from the date of his or her employment, become certified under the provisions of this chapter. It is a Class 2 misdemeanor for any person to perform the duties of an operator without being certified.
Source:
SL 1970, ch 217, §9; SDCL Supp, §36-22A-12; SL 1977, ch 190, §199; SL 2011, ch 165, §72.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-14 - Application for certification--Proof of fitness.

34A-3-14. Application for certification--Proof of fitness.
Application for certification shall be made in writing by the applicant at such time, in such form and accompanied by such proof of the applicant's fitness as an operator as the secretary may prescribe.
Source:
SL 1970, ch 217, §10; SDCL Supp, §36-22A-13.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-15 - Examination and certification of applicants.

34A-3-15. Examination and certification of applicants.
Each applicant shall be examined by the department. The examination shall consist of such questions and such phases of the practice as may be prescribed from time to time by the department.
If the applicant satisfactorily passes the examination required, and demonstrates possession of the necessary qualifications, the applicant shall be certified.
Source:
SL 1970, ch 217, §10; SDCL Supp, §36-22A-14; SL 2011, ch 165, §73.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-18 - Certifications--Expiration--Renewal.

34A-3-18. Certifications--Expiration--Renewal.
All certifications shall expire on the first day of February of each year, at which time all certifications shall have been renewed.
Source:
SL 1970, ch 217, §10; SDCL Supp, §36-22A-17; SL 2021, ch 162, § 2.