reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-1 - Definition of terms.

34A-9-1. Definition of terms.
Terms as used in this chapter, unless the context otherwise requires, mean:
(1)"Agency," the executive and administrative departments, offices, boards, commissions, and other units of the state government;
(2)"Board," the Board of Minerals and Environment;
(3)"Draft environmental impact statement," a preliminary statement prepared pursuant to §34A-9-5;
(4)"Environment," the physical conditions that will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character;
(5)"Environmental impact statement," a detailed statement setting forth the matters specified in §34A-9-7. It includes any comments on a draft environmental statement which are received pursuant to §34A-9-8, and the agency's response to such comments, to the extent that they raise issues not adequately resolved in the draft environmental statement;
(6)"Secretary," the secretary of the Department of Agriculture and Natural Resources.
Source: SL 1974, ch 245, §1; SDCL Supp, §11-1A-1; SL 1986, ch 295, §30; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-2 - Actions subject to chapter.

34A-9-2. Actions subject to chapter.
As used in this chapter, the term, actions, includes:
(1)New and continuing projects or activities directly undertaken by any public agency, or supported in whole or part through contracts, grants, subsidies, loans, or other forms of funding assistance from one or more public agencies;
(2)Policy, regulations, and procedure-making; or
(3)The issuance by one or more public agencies of a lease, permit, license, certificate, or other public entitlement to an applicant.
Source:
SL 1974, ch 245, §1 (2); SDCL Supp, §11-1A-2; SL 1981, ch 13, §10; SL 1981, ch 269, §1; SL 2011, ch 165, §132.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-3 - Actions not subject to chapter.

34A-9-3. Actions not subject to chapter.
As used in this chapter, the term, actions, does not include:
(1)Enforcement proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;
(2)Actions of a ministerial nature, involving no exercise of discretion;
(3)Emergency actions responding to an immediate threat to public health or safety;
(4)Proposals for legislation; or
(5)Actions of an environmentally protective regulatory nature.
Source:
SL 1974, ch 245, §1 (3); SDCL Supp, §11-1A-3; SL 2011, ch 165, §133.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-4 - Environmental impact statement authorized--Fee--Purpose.

34A-9-4. Environmental impact statement authorized--Fee--Purpose.
All agencies may prepare, or have prepared by contract, an environmental impact statement on any major action they propose or approve which may have a significant effect on the environment. Any agency which prepares, or has prepared by contract, an environmental impact statement pursuant to subdivision 34A-9-2(3) shall assess a fee against the person seeking a lease, permit, license, certificate, or other public entitlement for the preparation of the statement. This fee shall be assessed in addition to and independently of any other fee or deposit required by any other provision of law. No lease, permit, license, certificate, or other public entitlement may be issued until the fee is paid. The purpose of an environmental impact statement is to provide detailed information about the effect which a proposed action is likely to have on the environment, to list ways in which any adverse effects of the action might be minimized, and to suggest alternatives to the action.
Source:
SL 1974, ch 245, §2; SDCL Supp, §11-1A-4; SL 1981, ch 269, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-4.1 - Selection of contractor to prepare statement.

34A-9-4.1. Selection of contractor to prepare statement.
Any agency, other than the Public Utilities Commission, which causes an environmental impact statement to be prepared by contract shall select a contractor proposal acceptable to both the agency and the person seeking a lease, permit, license, or other public entitlement.
Source:
SL 1981, ch 269, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-4.2 - Continuous appropriation of environmental impact statement file.

34A-9-4.2. Continuous appropriation of environmental impact statement file.
Any environmental impact statement fee paid pursuant to the provisions of §34A-9-4 is appropriated continuously to the agency assessing the fee to be expended for the purposes of §34A-9-4.
Source:
SL 1992, ch 313, §11.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-5 - Draft impact statement--Contents.

34A-9-5. Draft impact statement--Contents.
As early as possible in the formulation of a proposal for action that is likely to require the preparation of an environmental impact statement, the responsible agency may prepare or may have prepared a draft environmental statement describing in detail the proposed action and reasonable alternatives to the action, and briefly discussing, on the basis of information then available to the agency, the remaining items set forth in §34A-9-7.
Source:
SL 1974, ch 245, §3; SDCL Supp, §11-1A-5; SL 1981, ch 269, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-6 - Purpose of draft impact statement--Scoping meetings--Form and contents.

34A-9-6. Purpose of draft impact statement--Scoping meetings--Form and contents.
The purpose of a draft environmental statement is to inform the public and other public agencies as early as possible about proposed actions that may significantly affect the quality of the environment, and to solicit comments which will assist the agency in determining the environmental consequences of the proposed action. The agency requiring the preparation of the environmental impact statement shall conduct scoping meetings, prior to the preparation of the environmental impact statement, in the county in which the proposed action is to be located to solicit public input on what should be included in the environmental impact statement. The draft environmental statement should resemble in form and content the environmental impact statement to be prepared after comments have been received and considered pursuant to §34A-9-9; however, the length and detail of the draft environmental statement may necessarily reflect the preliminary nature of the proposal and the early stage at which it is prepared.
Source:
SL 1974, ch 245, §3; SDCL Supp, §11-1A-6; SL 1992, ch 254, §77.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-7 - Contents of environmental impact statement.

34A-9-7. Contents of environmental impact statement.
An environmental impact statement shall be prepared in accordance with the procedural requirements relating to citizen participation of the National Environmental Policy Act of 1969 as amended to January 1, 2011, and implementing regulations adopted pursuant to that act, and shall include, at a minimum, a detailed statement setting forth the following:
(1)A description of the proposed action and its environmental setting;
(2)The environmental impact of the proposed action including short-term and long-term effects;
(3)Any adverse environmental effects that cannot be avoided if the proposal is implemented;
(4)Alternatives to the proposed action;
(5)Any irreversible and irretrievable commitments of resources that would be involved in the proposed action if it is implemented;
(6)Mitigation measures proposed to minimize the environmental impact; and
(7)The growth-inducing aspects of the proposed action.
Source:
SL 1974, ch 245, §2; SDCL Supp, §11-1A-7; SL 1992, ch 254, §76; SL 2011, ch 165, §134.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-8 - Circulation of draft statement for comment.

34A-9-8. Circulation of draft statement for comment.
The draft statement shall be circulated for comment among other public agencies which have jurisdiction by law or special expertise with respect to any environmental impact involved and shall be made available for comment by relevant federal agencies and interested members of the public.
Source:
SL 1974, ch 245, §3; SDCL Supp, §11-1A-8.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-9 - Filing of impact statement and comments before taking action--Responses to comments.

34A-9-9. Filing of impact statement and comments before taking action--Responses to comments.
The environmental impact statement, prepared pursuant to §34A-9-4, together with the comments of public and federal agencies and members of the public, shall be filed with the office of the secretary and made available to the public at least thirty days prior to taking agency action on the proposal which is the subject of the environmental impact statement. Such a statement shall also include copies or a summary of the substantive comments received by the agency pursuant to §34A-9-8, and the agency response to such comments.
Source:
SL 1974, ch 245, §§2, 4; SDCL Supp, §11-1A-9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-10 - Findings required as to compliance and actions to minimize environmental problems.

34A-9-10. Findings required as to compliance and actions to minimize environmental problems.
When an agency decides to carry out or approve an action which has been the subject of an environmental impact statement, it shall make an explicit finding that the requirements of this chapter have been met and that all feasible action will be taken to minimize or avoid environmental problems that are revealed in the environmental impact statement process.
Source:
SL 1974, ch 245, §5; SDCL Supp, §11-1A-10.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-11 - Impact statement not required if federal statement required.

34A-9-11. Impact statement not required if federal statement required.
To avoid duplication of effort and to promote consistent administration of federal and state environmental policies, the environmental impact statement required by this chapter need not be prepared with respect to actions for which a detailed statement is required to be prepared pursuant to the requirements of the National Environmental Policy Act of 1969 as amended to January 1, 2011, if the statement complies with the requirements of this chapter.
Source:
SL 1974, ch 245, §6; SDCL Supp, §11-1A-11; SL 1993, ch 256, §35; SL 2011, ch 165, §135.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-12 - Prospective application of chapter.

34A-9-12. Prospective application of chapter.
The requirements of this chapter do not apply to actions undertaken or approved before March 2, 1974.
Source:
SL 1974, ch 245, §7; SDCL Supp, §11-1A-12; SL 2011, ch 165, §136.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-12.1 - Establishment of environmental impact statement preparation fund--Source of fund--Administration--Appropriation and expenditures.

34A-9-12.1. Establishment of environmental impact statement preparation fund--Source of fund--Administration--Appropriation and expenditures.
There is hereby established in the state treasury a special revolving fund to be designated as the environmental impact statement preparation fund. This fund shall consist of all moneys from all lawful public and private sources including legislative appropriations, federal grants, gifts, fees received pursuant to §34A-9-4, and interest on investments made on money in the fund. The fund shall be maintained separately for each environmental impact statement and be administered by the agency in order to retain consulting and professional services and to defray such other expenses as are reasonable and necessary in order to prepare the environmental impact statement. All fees assessed by the agency requiring the environmental impact statement under §34A-9-4 shall be payable to the agency for deposit in the environmental impact statement preparation fund established pursuant to this section. Moneys may be deposited in the fund on an ongoing basis and this fund shall be expended for the purposes of chapter 34A-9 and shall be appropriated by the Legislature through the normal budget process.
Source:
SL 1992, ch 254, §78.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 09 - Environmental Impact Of Governmental Actions › Section 34A-9-13 - Citation of chapter.

34A-9-13. Citation of chapter.
This chapter may be cited as the South Dakota Environmental Policy Act.
Source:
SL 1974, ch 245, §9; SDCL Supp, §11-1A-13.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-1 - Parties entitled to maintain actions against pollution.

34A-10-1. Parties entitled to maintain actions against pollution.
The attorney general, any political subdivision of the state, any instrumentality, or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity may maintain an action in the circuit court having jurisdiction where the alleged violation occurred for declaratory and equitable relief against the state, any political subdivision thereof, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity for the protection of the air, water, and other natural resources and the public trust therein from pollution, impairment, or destruction. This section does not confer a right of action to challenge the issuance of a permit or license where the plaintiff has been notified of an agency proceeding in which the issues of environmental harm complained of might have been considered unless the agency refused to hear the complaint at such hearing. Actual notice or notice specified in the statute or rule governing the agency proceeding shall be sufficient.
Source:
SL 1973, ch 144, §2 (1); SDCL Supp, §21-10A-1; SL 1981 (2d SS), ch 1, §22; SL 1994, ch 351, §69.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.

34A-10-2. Parties entitled to intervene in proceedings involving pollution.
If administrative, licensing, or other proceedings, and judicial review thereof are available by law, the agency may permit the attorney general, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity to intervene as a party on the filing of a pleading with the agency asserting that the proceeding or action for judicial review involves conduct which has the effect of polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein. Such pleading shall be filed at least three days before the last agency evidentiary hearing conducted before the issuance of a final decision.
Source:
SL 1973, ch 144, §6 (1); SDCL Supp, §21-10A-2; SL 1981 (2d SS), ch 1, §23; SL 1994, ch 351, §70.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-2.1 - Activity which could result in pollution, contamination, or degradation--Financial assurance concerning corrective action--Form and amount.

34A-10-2.1. Activity which could result in pollution, contamination, or degradation--Financial assurance concerning corrective action--Form and amount.
Any person making application to the Water Management Board or the Board of Minerals and Environment for a permit, a license, or an extension, amendment, or renewal of an existing permit or license, which authorizes activity that could result in a significant risk of pollution, contamination, or degradation of the environment and that is not covered by a performance or damage bond or other financial assurance instrument, may be required, as a condition of the permit, to provide financial assurance guaranteeing the performance of corrective actions to contain, mitigate, and remediate all pollution, contamination, or degradation which may be caused by the activity. The financial assurance in a reasonable and proper amount shall be in a form and an amount approved by the board, and may include insurance, company net worth considerations, a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit.
Source:
SL 1989, ch 306, §68; SL 2011, ch 165, §137.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-2.2 - Right and title in bond or security--Form and amount.

34A-10-2.2. Right and title in bond or security--Form and amount.
All right and title in any bond or other security required by the Water Management Board or the Board of Minerals and Environment under any provision of this title, Title 45, or Title 46 for the protection of the environment or reclamation of lands or other resources shall be in the state until the board by order releases the security. The bond or other security does not constitute an asset of the person required to provide it, and may not be cancelled, assigned, revoked, disbursed, replaced, or allowed to terminate without board approval. The bond or other security shall be in a form and a reasonable and proper amount approved by the board, and may include a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit. The board may permit the use of financial assurance other than a bond, including company net worth considerations. Interest earned on any bond or deposit made under §34A-10-2.1 shall be returned annually to the person required to provide the bond.
Source:
SL 1989, ch 306, §69; SL 2011, ch 165, §138.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-2.3 - Cleanup and remediation of environmental problems--Use of security.

34A-10-2.3. Cleanup and remediation of environmental problems--Use of security.
The state, with any board or court approval necessary, as provided in the permit or security instrument required under §34A-10-2.1 or 34A-10-2.2, may use the security as necessary for the cleanup and remediation of environmental problems related to the activity for which the security was provided. If security is forfeited in accordance with §45-9-15 due to the failure of an oil and gas well operator to perform according to the provisions of §§45-9-5 to 45-9-18, inclusive, the state may use the security for environmental cleanup or remediation of any lands or resources regulated under chapter 45-9. When the cleanup and remediation is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursuant to a site-specific, board-approved remedial action plan, the state may proceed against any remaining security for the purpose of collecting any properly recoverable cost incurred by the state in pursuing the cleanup, environmental damages, or penalties. Until the environmental cleanup or remediation is complete, any state cost, environmental damage, and penalty judgments have been satisfied and the security has been released by the board, the security may not be assigned for the benefit of creditors, attached, garnished, levied, or executed on, or subject to process issued from any court; except for the purpose of enabling the state to effectuate the environmental cleanup or remediation.
Source:
SL 1989, ch 306, §70; SL 2020, ch 154, § 1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-2.4 - Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license.

34A-10-2.4. Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license.
The Water Management Board and the Board of Minerals and Environment shall establish, by rules promulgated pursuant to chapter 1-26:
(1)Criteria to determine the amount of security required and other terms as necessary to define the respective obligation of the parties;
(2)The procedure to follow and the circumstances under which the state or applicant may obtain board approval for the release of the security; and
(3)Conditions under which the security may be held by the state after the expiration of the permit or license.
Source:
SL 1989, ch 306, §71.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-2.5 - Failure to comply with order--Injunctive relief.

34A-10-2.5. Failure to comply with order--Injunctive relief.
The secretary of the Department of Agriculture and Natural Resources may bring an action without furnishing of bond, for an injunction against any person who fails to comply with an order issued by the secretary or any official under the secretary's supervision having authority to issue such order by virtue of this title, Title 45, or Title 46. The court to which the department applies for an injunction may issue a temporary injunction, if it finds there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.
Source: SL 1989, ch 306, §72; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2011, ch 165, §139; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-2.6 - Cleanup and remediation of environmental problems--Use of oil and gas well security.

34A-10-2.6  .  Cleanup and remediation of environmental problems--Use of oil and gas well security.
If necessary cleanup and remediation of environmental problems related to the site-specific activity for which security was provided in accordance with §  45-9-15   is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursuant to a site-specific, board-approved remedial action plan, the state may use the remaining security for environmental cleanup or remediation of any lands or resources regulated under chapter   45-9   if forfeiture of the security was ordered solely or in part due to the failure of the operator to perform in accordance with the provisions of §§  45-9  -5 to   45-9  -18, inclusive.
Source:  SL 2020, ch 154, § 2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-3 - Security required of plaintiff.

34A-10-3. Security required of plaintiff.
If the court has reasonable ground to doubt the solvency of the plaintiff or the plaintiff's ability to pay any cost or judgment which might be rendered against the plaintiff in an action brought under this chapter, the court may order the plaintiff to post a surety bond or cash not to exceed five hundred dollars.
Source:
SL 1973, ch 144, §3; SDCL Supp, §21-10A-3; SL 2011, ch 165, §140.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-4 - Appointment of master or referee--Qualifications.

34A-10-4. Appointment of master or referee--Qualifications.
The court may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a record and a report of his or her findings to the court in the action.
Source:
SL 1973, ch 144, §4 (2); SDCL Supp, §21-10A-4; SL 2011, ch 165, §141.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-5 - Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction.

34A-10-5. Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction.
If, in an action pursuant to §34A-10-1, administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings. The proceedings shall be conducted in accordance with and subject to the provisions of chapters 34A-1 and 34A-2. In so remitting the court may grant temporary equitable relief if necessary for the protection of the air, water, and other natural resources or the public trust in such resources from pollution, impairment, or destruction. In so remitting the court shall retain jurisdiction of the action pending completion of the action for the purpose of determining whether adequate protection from pollution, impairment, or destruction has been afforded.
Source:
SL 1973, ch 144, §5 (2); SDCL Supp, §21-10A-5; SL 1981 (2d SS), ch 1, §24; SL 2011, ch 165, §142.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-6 - Judicial review by court originally taking jurisdiction.

34A-10-6. Judicial review by court originally taking jurisdiction.
If judicial review of any administrative, licensing, or other proceeding is available, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review.
Source:
SL 1973, ch 144, §5 (4); SDCL Supp, §21-10A-6; SL 2011, ch 165, §143.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-7 - Adjudication by court after administrative proceedings--Additional evidence.

34A-10-7. Adjudication by court after administrative proceedings--Additional evidence.
Upon completion of proceedings under §34A-10-5, the court shall adjudicate the impact of the defendant's conduct on the air, water, or other natural resources and on the public trust therein in accordance with this chapter. In such adjudication the court may order that additional evidence be taken to the extent necessary to protect the rights recognized in this chapter.
Source:
SL 1973, ch 144, §5 (3); SDCL Supp, §21-10A-7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-8 - Detrimental conduct prohibited when reasonable alternative available.

34A-10-8. Detrimental conduct prohibited when reasonable alternative available.
In any administrative, licensing, or other proceedings, as described in §34A-10-2, and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determined. No conduct may be authorized or approved which does, or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in the resources, if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.
Source:
SL 1973, ch 144, §6 (2); SDCL Supp, §21-10A-8; SL 2011, ch 165, §144.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-9 - Defendant rebutting evidence of pollution.

34A-10-9. Defendant rebutting evidence of pollution.
When the plaintiff in the action has made a prima facie showing that the conduct of the defendant is polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein, the defendant may rebut the prima facie showing by the submission of evidence to the contrary.
Source:
SL 1973, ch 144, §4 (1); SDCL Supp, §21-10A-9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-10 - Affirmative defense of no reasonable alternative--Burden of proof and weight of evidence.

34A-10-10. Affirmative defense of no reasonable alternative--Burden of proof and weight of evidence.
The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that such conduct is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of its natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the principles of burden of proof and weight of the evidence generally applicable in civil actions in the circuit courts shall apply to actions brought under this chapter.
Source:
SL 1973, ch 144, §4 (1); SDCL Supp, §21-10A-10.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-11 - Equitable relief against detrimental conduct--Conditions imposed on defendant.

34A-10-11. Equitable relief against detrimental conduct--Conditions imposed on defendant.
The court may grant temporary and permanent equitable relief, or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust therein from pollution, impairment, or destruction.
Source:
SL 1973, ch 144, §5 (1); SDCL Supp, §21-10A-11.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-12 - Apportionment of costs.

34A-10-12. Apportionment of costs.
Costs may be apportioned to the parties if the interests of justice require.
Source:
SL 1973, ch 144, §4 (3); SDCL Supp, §21-10A-12.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-13 - Collateral estoppel--Res judicata.

34A-10-13. Collateral estoppel--Res judicata.
The doctrines of collateral estoppel and res judicata shall be applied by the court to prevent multiplicity of suits.
Source:
SL 1973, ch 144, §6 (3); SDCL Supp, §21-10A-13.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-14 - Chapter supplementary to other procedures.

34A-10-14. Chapter supplementary to other procedures.
This chapter shall be supplementary to existing administrative and regulatory procedures.
Source:
SL 1973, ch 144, §7; SDCL Supp, §21-10A-14.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-15 - Citation of chapter.

34A-10-15. Citation of chapter.
This chapter shall be known and may be cited as the "South Dakota Environmental Protection Act of 1973."
Source:
SL 1973, ch 144, §1; SDCL Supp, §21-10A-15.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-16 - Enforcement action by department.

34A-10-16. Enforcement action by department.
The department need not exhaust its administrative remedies, if any exist, before commencing any action to enforce the provisions of Title 34A, 45, or 46.
Source:
SL 1991, ch 288, §17.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 10 - Remedies For Protection Of Environment › Section 34A-10-17 - Obtaining voluntary compliance--Administrative settlement agreements.

34A-10-17. Obtaining voluntary compliance--Administrative settlement agreements.
Nothing in this chapter prevents the Department of Agriculture and Natural Resources from obtaining voluntary compliance with the provisions of Title 34A, 45, or 46, through warning, conference, settlement, or any other appropriate means. The secretary may enter into administrative settlement agreements in regard to violations of the provisions of Title 34A, 45, or 46, including stipulated settlements of any civil penalty authorized under that title.
Source: SL 1992, ch 26, §9; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-1 - Public policy.

34A-11-1. Public policy.
It is the public policy of this state to regulate the control and generation, transportation, treatment, storage, and disposal of hazardous wastes to protect the public health, safety, and welfare, protect the environment, prevent pollution of air, water, soil, and other natural resources of this state, and prevent the creation of nuisances. It is the purpose of this chapter to enhance this public policy through a comprehensive regulatory program of hazardous waste management and to facilitate cooperation and coordination in that effort with federal, state, and local agencies.
Source:
SL 1983, ch 262, §1; SL 1984, ch 243, §8; SL 1987, ch 260, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-2 - Definitions.

34A-11-2. Definitions.
Terms as used in this chapter mean:
(1)"Board," the Board of Minerals and Environment;
(2)"Department," the Department of Agriculture and Natural Resources;
(3)"Disposal," the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, air, or water so that such hazardous waste or any constituent thereof may enter the environment, or be emitted into air, or discharged into any waters, including groundwaters;
(4)"Hazardous waste," a solid waste and combination of solid wastes, as defined in subdivision 34A-6-1.3(17), which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed but does not include radioactive materials regulated pursuant to chapter 34-21;
(5)"Hazardous waste management," the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste;
(6)"Hazardous waste management facility," any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, recovery, or disposal of hazardous wastes, whether such facility is associated with facilities generating such wastes or otherwise;
(7)"Manifest," the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage;
(8)"Person," any individual, partnership, limited liability company, firm, association, municipality, public or private corporation, subdivision, or agency of the state or the United States government, trust, estate, interstate body, or any other legal entity;
(9)"Secretary," secretary of the Department of Agriculture and Natural Resources;
(10)"Storage," the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste;
(11)"Treatment," any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to render such waste less hazardous or nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it less hazardous or nonhazardous.
Source: SL 1983, ch 262, §2; SL 1984, ch 243, §9; SL 1987, ch 29, §21; SL 1989, ch. 306, §§1, 4; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1994, ch 351, §71; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-3 - Department designated as state agency under federal law.

34A-11-3. Department designated as state agency under federal law.
The Department of Agriculture and Natural Resources is designated as the agency for all state purposes of the Federal Resource Conservation Recovery Act as amended to January 1, 2011, and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), as amended to January 1, 2011.
Source: SL 1983, ch 262, §3; SL 1986, ch 295, §31; SL 2011, ch 165, §145; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-4 - Functions of department and board.

34A-11-4. Functions of department and board.
The Department of Agriculture and Natural Resources shall perform all the functions of the former public health advisory committee, the former state health officer, and the Department of Health with respect to the control of hazardous waste management pursuant to this chapter. However, the Board of Minerals and Environment shall perform any quasi-legislative, quasi-judicial, advisory, and special budgetary functions.
Source: SL 1983, ch 262, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-5 - Cooperation with other agencies and groups.

34A-11-5. Cooperation with other agencies and groups.
The Department of Agriculture and Natural Resources may advise, consult, and cooperate with other agencies of the state, other states, the federal government, and affected groups and industries in the formulation of plans for, and implementation of, hazardous waste management.
Source: SL 1983, ch 262, §5; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-6 - Acceptance of loans and grants.

34A-11-6. Acceptance of loans and grants.
The Department of Agriculture and Natural Resources may accept and administer any loans and grants from the federal government or other sources which are made available to the Department for Hazardous Waste Management.
Source: SL 1983, ch 262, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-7 - Employment of personnel.

34A-11-7. Employment of personnel.
In accordance with the laws of the state, the Department of Agriculture and Natural Resources may employ, compensate, and prescribe the powers and duties of those persons necessary to execute the provisions of this chapter.
Source: SL 1983, ch 262, §7; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-8 - Rules identifying characteristics and listing hazardous wastes.

34A-11-8. Rules identifying characteristics and listing hazardous wastes.
The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26, which identify the characteristics of hazardous wastes considering the toxicity, persistence, degradability in nature, potential for accumulation in tissue, flammability, corrosiveness, reactivity, and related factors. The board shall compile a list of wastes it considers hazardous and may revise that list from time to time.
Source:
SL 1983, ch 262, §8; SL 1984, ch 243, §10.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-9 - Promulgation of rules governing hazardous wastes--Civil penalty for violation.

34A-11-9. Promulgation of rules governing hazardous wastes--Civil penalty for violation.
The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26, governing the generation, transportation, treatment, storage, and disposal of hazardous wastes necessary to execute the provisions of this chapter. The rules may include ownership, location, design, construction, operation, and maintenance of hazardous waste management facilities, financial responsibility, personnel training, record keeping, reporting, labeling, monitoring, container use, inspections, closure, post-closure procedures and requirements, contingency planning, enforcement, and use of a manifest system to assure all hazardous wastes are designated for treatment, storage, or disposal at a permitted hazardous waste management facility. The board may promulgate rules pursuant to chapter 1-26 that are consistent with the Hazardous Materials Transportation Act (88 Stat. 2156; 49 U.S.C. §1801 et seq.), as amended to January 1, 2011, and the regulations adopted pursuant to that Act.
A violation of the rules adopted pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
Source:
SL 1983, ch 262, §9; SL 1984, ch 243, §11; SL 1992, ch 158, §51; SL 2011, ch 165, §146.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-10 - Notification of hazardous waste activity required--Civil penalty for violation.

34A-11-10. Notification of hazardous waste activity required--Civil penalty for violation.
Any person generating, transporting, treating, storing, or disposing of a hazardous waste shall file with the secretary of agriculture and natural resources a notification of hazardous waste activities. The notification shall be in accordance with rules promulgated pursuant to chapter 1-26 by the Board of Minerals and Environment. No hazardous waste subject to this chapter may be transported, treated, stored, or disposed of unless notification has been given as required in this chapter.
A violation of this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
Source: SL 1983, ch 262, §10; SL 1992, ch 158, §52; SL 1993, ch 256, §36; SL 2005, ch 10, §27; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-11 - Complaint alleging violation--Investigation--Report--Enforcement action.

34A-11-11. Complaint alleging violation--Investigation--Report--Enforcement action.
Any person may file a complaint with the secretary of agriculture and natural resources regarding a violation of this chapter. The secretary may conduct an investigation of the alleged violation and make a written report of the investigation to the person. If the secretary determines that a violation has occurred, the secretary may take whatever enforcement action he or she considers appropriate.
Source: SL 1983, ch 262, §11; SL 2005, ch 10, §28; SL 2011, ch 165, §147; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-12 - Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation.

34A-11-12. Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation.
No hazardous waste treatment, storage, or disposal management facility may be owned, constructed, modified, or operated except in accordance with a permit issued by the Board of Minerals and Environment. A violation of this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
The board may issue, modify, suspend, revoke, or deny permits, in accordance with chapter 1-26, for the ownership, construction, modification, and operation of hazardous waste treatment, storage, and disposal management facilities. Any permit granted by the board under this section is initially valid for two years from the date of issuance and may be renewed for periods of five years.
Source:
SL 1983, ch 262, §12; SL 1990, ch 289, §1; SL 1992, ch 158, §53.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-12.1 - Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees.

34A-11-12.1. Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees.
The department shall assess an initial application fee of fifty thousand dollars for the processing of all hazardous waste disposal facility applications. The department shall assess a fee of twenty-five thousand dollars for the processing of all hazardous waste disposal facility amendments and renewals. The applicant shall pay the fee upon the filing of an application, amendment, or renewal for a hazardous waste disposal facility. In addition to this fee, the department may assess the applicant those amounts in excess of the initial filing fee for expenses associated with processing the application, amendment, or renewal. The department shall provide the applicant with an itemized statement of all costs associated with the processing of the application, amendment, or renewal. The applicant shall submit payment of all costs in excess of the initial fee within thirty days of the receipt of the statement. The combined initial fee and additional expenses assessed an applicant may not exceed one hundred seventy-five thousand dollars. All fees assessed under this section shall be payable to the Department of Agriculture and Natural Resources for deposit in the hazardous waste revolving fund established pursuant to §34A-11-24. The incineration or thermal destruction of hazardous waste shall be considered disposal for the purpose of this section.
Source: SL 1990, ch 289, §2; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.