reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-14 - Cease and desist order for noncompliance.

34-53-14. Cease and desist order for noncompliance.
In addition to any other remedy provided by law, if a pipeline company fails to meet the requirements of this chapter, the secretary may order the pipeline company, and any person acting on the pipeline company's behalf, to issue a full, partial, or conditional cease and desist from all pipeline construction. An order to cease and desist under this section is effective upon service to the pipeline company and remains effective and enforceable until further order of the secretary. An appeal from the order shall be filed in accordance with chapter 1-26D.
Source: SL 2019, ch 157, §14, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-15 - Title to surety bond vested in the state.

34-53-15. Title to surety bond vested in the state.
All right and title in any surety bond furnished under §34-53-13 is vested with the state. The surety bond does not constitute an asset of a pipeline company that is required to furnish the surety bond under §34-53-13, and may not be canceled, assigned, revoked, disbursed, replaced, or allowed to terminate, without the recommendation of the commissioner of Bureau of Finance and Management and the approval of the Executive Board of the Legislative Research Council. The surety bond may not be assigned for the benefit of creditors, attached, garnished, levied, executed on, or subject to process from any court, except for the purpose of enabling the state to recover moneys advanced by the PEACE fund.
Source: SL 2019, ch 157, §15, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-16 - Discretion of secretary.

34-53-16. Discretion of secretary.
The secretary may instruct the director to:
(1)Withhold, delay, suspend, or reduce any monthly billing to a pipeline company, if the secretary has cause to anticipate the receipt of an additional deposit from a source other than a pipeline company;
(2)For good cause shown, review any claim that is submitted to the director more than forty-five days from the date the extraordinary expense was incurred; or
(3)For good cause shown, subordinate the lien under §34-53-12.
Source: SL 2019, ch 157, §16, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-17 - Contract between state and pipeline company.

34-53-17. Contract between state and pipeline company.
Nothing in this chapter prevents the state and a pipeline company from entering into any contract or other agreement, provided the terms of the contract or agreement are not inconsistent with this chapter.
Source: SL 2019, ch 157, §17, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-18 - Promulgation of rules.

34-53-18. Promulgation of rules.
The secretary may promulgate rules in accordance with chapter 1-26 to implement the provisions of this chapter.
Source: SL 2019, ch 157, §18, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 54 - Primary Care Agreements › Section 34-54-1 - Definitions.

34-54-1. Definitions.
Terms used in this chapter mean:
(1)"Primary care provider," an individual or other legal entity that is licensed, registered, or otherwise authorized to provide primary care services in the state, including an individual or other legal entity whose practice is professionally associated with the individual or other legal entity;
(2)"Direct primary care agreement," a contract between a primary care provider and an individual patient or his or her legal representative in which the health care provider agrees to provide primary care services to the individual patient for an agreed-upon fee and period of time;
(3)"Direct primary care practice," a practice that:
(a)Charges a periodic fee for services;
(b)Does not bill any third parties on a fee-for-service basis; and
(c)Limits any per visit charge to less than the monthly equivalent of the periodic fee;
(4)"Primary care service," any service for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the primary care provider, including screenings, assessments, diagnoses, and treatments.
Source:
SL 2021, ch 159, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 54 - Primary Care Agreements › Section 34-54-2 - Provisions not applicable--Direct primary care agreement.

34-54-2. Provisions not applicable--Direct primary care agreement.
A direct primary care agreement is not insurance and is not subject to title 58. Entering into a direct primary care agreement is not the business of insurance and is not subject to title 58. A primary care provider or agent of a health care provider is not required to obtain a certificate of authority or license under this chapter to market, sell, or offer to sell a direct primary care agreement.
Source:
SL 2021, ch 159, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 54 - Primary Care Agreements › Section 34-54-3 - Requirements.

34-54-3. Requirements.
To be considered a direct primary care agreement for the purposes of this chapter, the agreement must meet all of the following requirements:
(1)Be in writing;
(2)Be signed by the primary care provider or agent of the primary care provider and the individual patient or his or her legal representative;
(3)Allow either party to terminate the agreement on written notice to the other party;
(4)Describe the scope of primary care services that are covered by the periodic fee;
(5)Specify the periodic fee and any additional fees outside of the periodic fee for ongoing care under the agreement;
(6)Specify the duration of the agreement and any automatic renewal periods;
(7)Require that no more than twelve months of the periodic fee be paid in advance and that upon discontinuing the agreement, all unearned funds are returned to the patient; and
(8)Prominently state in writing that the agreement is not health insurance.
Source:
SL 2021, ch 159, § 3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 54 - Primary Care Agreements › Section 34-54-4 - Accepting patients--Discontinuing care.

34-54-4. Accepting patients--Discontinuing care.
Direct primary care practices may not decline to accept a new direct primary care patient or discontinue care to an existing patient solely because of the patient's health status. A direct practice may decline to accept a patient if the practice has reached its maximum capacity, or if the patient's medical condition is such that the provider is unable to provide the appropriate level and type of primary care services the patient requires. So long as the direct primary care practice provides the patient notice and opportunity to obtain care from another physician, the direct primary care practice may discontinue care for a direct primary care patient if:
(1)The patient fails to pay the periodic fee;
(2)The patient has performed an act of fraud;
(3)The patient repeatedly fails to adhere to the recommended treatment plan;
(4)The patient is abusive and presents an emotional or physical danger to the staff or other patients of the direct practice; or
(5)The direct primary care practice discontinues operation as a direct primary care practice.
Source:
SL 2021, ch 159, § 4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 55 - Heroes Wellness Grants › Section 34-55-1 - Heroes wellness grant.

34-55-1. Heroes wellness grant.
The Office of the Attorney General shall establish and administer the heroes wellness grant. Funds shall be expended as appropriated by the Legislature.
Source:
SL 2021, ch 160, § 1, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 55 - Heroes Wellness Grants › Section 34-55-2 - Grant--Oversight--Purposes.

34-55-2. Grant--Oversight--Purposes.
All moneys for the heroes wellness grant shall be used and expended under the direction of the attorney general. The attorney general shall provide grants to eligible applicants for the purpose of creating, establishing, and developing first responder peer support programs and first responder critical incident stress management programs within the state. Grants shall be provided for training programs that are, or are similar to those, developed by the International Critical Incident Stress Foundation, Inc. First responders, whether volunteer or professional, include any member of a:
(1)Law enforcement organization;
(2)Fire suppression organization;
(3)Emergency medical service, including emergency medical technicians and paramedics; and
(4)An organization providing emergency dispatch services to any organization listed in this section.
Source:
SL 2021, ch 160, § 2, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 55 - Heroes Wellness Grants › Section 34-55-3 - Application--Review--Criteria--Promulgation of rules.

34-55-3. Application--Review--Criteria--Promulgation of rules.
An applicant shall submit an application to the attorney general on a form prescribed by the attorney general. The attorney general shall, by rules promulgated pursuant to chapter 1-26, develop administrative procedures regarding the application and grant award process including any scoring system to be used to evaluate or rank applications. The attorney general shall act as fiscal agent for the grant and shall be responsible for receiving and reviewing grant applications and awarding grants under this chapter. The attorney general shall give consideration to regions within the state that may have more significant need.
At least thirty days before the first day applications may be submitted each fiscal year, the attorney general shall publish on the office's website the specific criteria and any scoring system used to evaluate or rank applications and award grants under this chapter. The attorney general shall also post any unserved or underserved areas that are eligible for grant funding.
Source:
SL 2021, ch 160, § 3, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 55 - Heroes Wellness Grants › Section 34-55-4 - Application--Contents.

34-55-4. Application--Contents.
An applicant for a grant under this chapter shall provide the following information on the application:
(1)The location of the project;
(2)The proposed training;
(3)The number of personnel to be trained;
(4)The total cost of the training and associated expenses; and
(5)Any additional information requested by the attorney general.
Source:
SL 2021, ch 160, § 4, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 55 - Heroes Wellness Grants › Section 34-55-5 - Grant funds--Use.

34-55-5. Grant funds--Use.
Grant funds may be used for:
(1)Costs and expenses associated with hosting and coordinating an eligible training;
(2)Per diem for food and lodging, at the rate established under § 3-9-2, for each full day a person provides or participates in a training funded under this grant; and
(3) Mileage, at the rate established under § 3-9-1, to and from the training for each person that provides or participates in a training funded under this grant.
Source:
SL 2021, ch 160, § 5, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-1 - Policy of state--Purpose of chapter.

34A-1-1. Policy of state--Purpose of chapter.
It is hereby declared to be the public policy of the state to achieve and maintain reasonable levels of air quality which will protect human health and safety, prevent injury to plant and animal life and property, foster the comfort and convenience of its inhabitants, promote the economic and social development of the state and, to the greatest degree practicable, facilitate the enjoyment of the natural attractions of the state. It is also declared that local and regional air pollution control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality. To these ends it is the purpose of this chapter to provide for a coordinated state-wide program of air pollution prevention, abatement and control, for an appropriate distribution of responsibilities among the state and local units of government, and to facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions, and to provide a framework within which all values may be balanced in the public interest.
Source:
SL 1970, ch 203, §1; SDCL Supp, §34-16A-1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-2 - Definition of terms.

34A-1-2. Definition of terms.
Terms used in this chapter mean:
(1)"Air contaminant," dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, radioactive materials as defined in chapter 34-21, or any combination thereof;
(2)"Air pollution," the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is or tend to be injurious to human health or welfare, animals or plant life, or property, or would interfere with the enjoyment of life or property;
(3)"Board," the Board of Minerals and Environment;
(4)"Department," the Department of Agriculture and Natural Resources;
(5)"Emission," a release into the outdoor atmosphere of air contaminants;
(6)"Person," any individual, partnership, limited liability company, firm, association, municipality, public or private corporation, subdivision or agency of the state, trust, estate, or any other legal entity;
(7)"Secretary," the secretary of agriculture and natural resources.
Source: SL 1970, ch 203, §2; SDCL Supp, §34-16A-2; SL 1973, ch 222, §1; SL 1978, ch 250, §6; SL 1994, ch 351, §66; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-4 - Technical and operational services secured by secretary.

34A-1-4. Technical and operational services secured by secretary.
The secretary may secure necessary scientific, technical, administrative, and operational services, including laboratory facilities by contract or otherwise.
Source:
SL 1970, ch 203, §5 (5); SDCL Supp, §34-16A-8; SL 1977, ch 280, §2; SL 2011, ch 165, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-5 - Administration of chapter--Board functions--Enforcement as to radioactive substances.

34A-1-5. Administration of chapter--Board functions--Enforcement as to radioactive substances.
The administration of this chapter is the responsibility of the secretary except that the Board of Minerals and Environment shall perform any quasi-judicial, quasi-legislative, advisory, and special budgetary functions set out in this chapter. The board, with the concurrence of the secretary may enforce those regulations promulgated pursuant to chapter 34-21 which pertain to the release of radioactive substances into the atmosphere.
Source:
SL 1970, ch 203, §3; SDCL Supp, §34-16A-11; SL 1971, ch 204, §1; SL 1977, ch 280, §3; SL 1978, ch 250, §7; SL 2011, ch 165, §7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-6 - Promulgation of rules--Purpose--Violation.

34A-1-6. Promulgation of rules--Purpose--Violation.
The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26:
(1)To establish ambient air quality standards;
(2)To specify kind and composition of fuel sold, stored, or used;
(3)To establish requirements for open burning;
(4)To require records and maintenance of records, reports, install, use, and maintain monitoring equipment;
(5)To establish methods including sampling of emissions for air pollution sources;
(6)To establish requirements for methods and installation of machines or devices to prevent or significantly reduce air emissions;
(7)To establish procedures for attainment and maintenance of ambient air quality standards;
(8)To monitor ambient air quality;
(9)To establish procedures for variances and renewal of variances; and
(10)To establish air quality standards, requirements and procedures related to incinerators for municipal solid waste.
A violation of the rules promulgated pursuant to this section is subject to §34A-1-39.
Source:
SL 1970, ch 203, §5 (1); SDCL Supp, §34-16A-12; SL 1977, ch 280, §4; SL 1980, ch 238, §10; SL 1990, ch 283, §1; SL 1992, ch 158, §6A.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-9 - Studies, investigations and educational activities of department.

34A-1-9. Studies, investigations and educational activities of department.
The department may:
(1)Encourage and conduct studies, investigations and research relating to air pollution and its causes, effects, prevention, abatement, and control;
(2)Determine by means of field studies and sampling the degree of air pollution in the state;
(3)Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of this state and make recommendations to appropriate public and private bodies with respect to such effects; and
(4)Collect and disseminate information and conduct educational and training programs relating to air pollution.
Source:
SL 1970, ch 203, §5 (9) to (11), (13); SDCL Supp, §34-16A-16; SL 1977, ch 280, §5; SL 2011, ch 165, §8.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-10 - Cooperation by department with other agencies, persons, and groups.

34A-1-10. Cooperation by department with other agencies, persons, and groups.
The department may:
(1)Advise, consult, and cooperate with agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups;
(2)Encourage local units of government to handle air pollution problems within their respective jurisdictions and on a cooperative basis, and provide them with technical and consultative assistance;
(3)Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter; and
(4)Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control of the source, device, or system, concerning the efficacy of the device or system, or the air pollution problem that may be related to the source, device, or system. Nothing in any such consultation relieves any person from compliance with this chapter, any rules in force pursuant to this chapter, or any other provisions of law.
Source:
SL 1970, ch 203, §5(6) to (8), (14), (15); SDCL Supp, §34-16A-17; SL 1977, ch 280, §6; SL 1986, ch 295, §6; SL 2011, ch 165, §9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-11 - Classification of air contaminant sources--Reporting requirements.

34A-1-11. Classification of air contaminant sources--Reporting requirements.
The Board of Minerals and Environment, by rules promulgated pursuant to chapter 1-26, may classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution, and may require reporting for any such class or classes. Classifications made pursuant to this section may be for application to the state as a whole or to any designated area of the state, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property.
Source:
SL 1970, ch 203, §6; SDCL Supp, §34-16A-18; SL 1977, ch. 280, §7; SL 1980, ch 238, §11; SL 1993, ch 256, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-12 - Records and reports required on air contaminant sources--Monitoring and sampling methods--Other information--Violation.

34A-1-12. Records and reports required on air contaminant sources--Monitoring and sampling methods--Other information--Violation.
The department or board may require the owner or operator of any air contaminant source to establish and maintain such records; make such reports; install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods, at such locations, intervals, and procedures as the department or board shall prescribe; and provide such other information relative to compliance with this chapter and rules and regulations in force pursuant thereto as the department or board may require, including the location, size of and height of contaminant outlets, processes employed, fuels used and the nature and time periods or duration of emissions. Any violator of this section is subject to §34A-1-39.
Source:
SL 1970, ch 203, §6; SDCL Supp, §34-16A-19; SL 1973, ch 222, §4; SL 1992, ch 158, §7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-13 - Access to records relating to air pollution emissions.

34A-1-13. Access to records relating to air pollution emissions.
The board may require access to records relating to emissions which cause or contribute to air pollution.
Source:
SL 1970, ch 203, §5 (4); SDCL Supp, §34-16A-20; SL 1977, ch 280, §8; SL 2011, ch 165, §10.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-14 - Records and information available to public--Exception to protect trade secrets--Authorized use--Violation as misdemeanor.

34A-1-14. Records and information available to public--Exception to protect trade secrets--Authorized use--Violation as misdemeanor.
Any records, reports, or information obtained by the department or board from owners or operators of an air contaminant source or sources shall be available to the public, except that upon a showing satisfactory to the board by the owners or operators of an air contaminant source that the records, reports, or information obtained by the department or board regarding processes or production technique are sufficiently unique to affect adversely the competitive position of the owner or operator by revealing trade secrets, the department and board shall consider the record, report, or information or particular portion thereof confidential in the administration of this chapter. Nothing in this section prevents the disclosure of otherwise confidential records or information by the department or board, or any department, agency, or officer of state government if necessary for the prosecution of violations of the chapter or rules promulgated pursuant to this chapter. Nothing in this section prevents the use of such records or information by the department, or any department, agency, or officer of the state government in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere if the analyses or summaries do not identify, directly or indirectly, any owner or operator or reveal any information otherwise confidential under this section. Notwithstanding the provisions of this section, all data relating to air pollution emissions as defined in §34A-1-2, are public records, and subject to public disclosure as provided in §1-41-24.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 1970, ch 203, §§13, 15; SDCL Supp, §34-16A-21; SL 1973, ch 222, §5; SL 1977, ch 190, §30; SL 1995, ch 203, §1.; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 52, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-15 - Establishment of ambient air quality standards--Violation.

34A-1-15. Establishment of ambient air quality standards--Violation.
The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 to establish ambient air quality standards for the state as a whole or for any part of the state. Any person who violates these standards is subject to §34A-1-39.
Source:
SL 1970, ch 203, §5 (12); SDCL Supp, §34-16A-22; SL 1977, ch 280, §9; SL 1980, ch 238, §12; SL 1992, ch 158, §8; SL 1993, ch 256, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-16 - Specification of fuels permitted in state--Violation.

34A-1-16. Specification of fuels permitted in state--Violation.
The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 that specify the kind or composition of fuels permitted to be sold, stored or used within the state if it is deemed by the board to be necessary for the achievement of ambient air quality standards. Any person who violates these rules is subject to §34A-1-39.
Source:
SDCL, §34-16A-16 as added by SL 1973, ch 222, §2; SDCL Supp, §34-16A-22.1; SL 1980, ch 238, §13; SL 1992, ch 158, §9; SL 1993, ch 256, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-17 - Contamination within plant excluded from jurisdiction.

34A-1-17. Contamination within plant excluded from jurisdiction.
Nothing in this chapter shall be construed to grant to the department or board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops.
Source:
SL 1970, ch 203, §17; SDCL Supp, §34-16A-23.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-18 - Emission control and open burning requirements--Local control--Nonconformance as violation.

34A-1-18. Emission control and open burning requirements--Local control--Nonconformance as violation.
The Board of Minerals and Environment, for the purpose of controlling pollution, shall by rules promulgated pursuant to chapter 1-26 establish emission control requirements and reasonable requirements for open burning. The requirements may vary from area to area, as may be appropriate to facilitate accomplishment of the purposes of this chapter, and in order to take necessary or desirable account of varying local conditions. Any general prohibition against all open burning shall be determined by each municipality or by each county for areas outside the boundaries of the municipalities. The board may not adopt any rule generally prohibiting all open burning, but any board rule regulating open burning shall be only as is necessary to address a specific problem. Any person who allows an emission which does not conform to a requirement in force pursuant to this section is subject to §34A-1-39.
Source:
SL 1970, ch 203, §9; SDCL Supp, §34-16A-24; SL 1977, ch 280, §10; SL 1977, ch 281, §1; SL 1980, ch 238, §14; SL 1992, ch 158, §10; SL 1993, ch 256, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-19 - Emission control methods and devices required--Permission to use alternative methods--Violation.

34A-1-19. Emission control methods and devices required--Permission to use alternative methods--Violation.
If the board finds that there are methods, machines, devices, or construction features which are reasonably feasible that will prevent or significantly reduce the emission of air resulting in pollution and that the public interest will be served by preventing or reducing the emission, it may require the use of such methods and the installation of such features, machines, or devices. However, the owner or operator of an air contaminant source may use any methods, construction features, machines, or devices which are as effective as those required by the board. The owner or operator of an air contaminant source may apply to the board for permission to use alternative methods, construction features, machines, or devices upon a showing by the owner or operator that the alternative methods, construction features, machines, or devices are as effective as those required by the board. Any person who violates this section is subject to §34A-1-39.
Source:
SL 1970, ch 203, §7; SDCL Supp, §34-16A-26; SL 1973, ch 222, §6; SL 1992, ch 158, §11; SL 2011, ch 165, §11.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-20 - Maintenance of motor vehicle emission control devices--Violation.

34A-1-20. Maintenance of motor vehicle emission control devices--Violation.
The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 to control emissions from motor vehicles by the proper maintenance of all emission control equipment with which the vehicle was equipped at the time of original purchase. Any violation of these rules is subject to §34A-1-39.
Source:
SL 1973, ch 222, §3; SDCL Supp, §34-16A-26.1; SL 1980, ch 238, §15; SL 1992, ch 158, §12; SL 1993, ch 256, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-21 - Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without a permit or in violation of permit conditions as misdemeanors.

34A-1-21. Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without a permit or in violation of permit conditions as misdemeanors.
The board may prohibit, by rules promulgated pursuant to chapter 1-26, the installation, alteration, or use of any machine, equipment, device, or other article which it finds may cause or contribute to air pollution or is intended primarily to prevent or control the emission of air pollutants, unless a permit therefor has been obtained from the board or the secretary. Any person in violation of these rules is subject to §34A-1-39.
The board may require that applications for such permits shall be accompanied by plans, specifications, and such other information as the board deems necessary.
The board, by rules promulgated pursuant to chapter 1-26, shall provide for the issuance, suspension, revocation, and renewal of any permits which it may reasonably require pursuant to this section. Procedures shall provide for a recommendation on such a permit matter by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or an adversely affected person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation.
A violation of a condition of a permit issued pursuant to this section is subject to §34A-1-39.
Any person who, without a permit, commits an action for which a permit is required is guilty of a Class 1 misdemeanor. Any violation of a permit condition is a Class 2 misdemeanor and is subject to §34A-1-39.
Source:
SL 1970, ch 203, §7; SDCL Supp, §34-16A-27; SL 1977, ch 280, §11; SL 1980, ch 238, §16; SL 1991, ch 288, §5; SL 1992, ch 158, §13; SL 1992, ch 254, §94.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-22 - Prevention of stationary pollution sources not in compliance.

34A-1-22. Prevention of stationary pollution sources not in compliance.
The department may enjoin the construction, modification, or operation of any stationary source of air pollution at any location where the emissions from such sources will prevent the attainment and maintenance of compliance with rules and regulations adopted by the board.
Source:
SDCL, §34-16A-16 as added by SL 1973, ch 222, §2; SDCL Supp, §34-16A-27.1; SL 1992, ch 158, §14.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-23 - Particular manufacturer not to be favored by requirements.

34A-1-23. Particular manufacturer not to be favored by requirements.
Nothing in §34A-1-19 or 34A-1-21 authorizes the board to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices, or equipment otherwise available.
Source:
SL 1970, ch 203, §7; SDCL Supp, §34-16A-28; SL 2011, ch 165, §12.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-36 - Municipal and county programs approved by board--Application to state facilities.

34A-1-36. Municipal and county programs approved by board--Application to state facilities.
Each municipality and each county may, with the approval of the Board of Minerals and Environment, establish and thereafter administer within its jurisdiction an air pollution control program which provides by ordinance or local law for requirements as strict or more strict and more extensive than those imposed by this chapter and rules issued under this chapter, or, upon prior review and approval by the board, less restrictive requirements. The air pollution control jurisdiction authorized pursuant to this section applies to state facilities located within the boundaries of the municipality or county if the municipality or county has been found to be in violation of National Ambient Air Quality Standards.
Source:
SL 1970, ch 203, §§9, 14; SDCL Supp, §§34-16A-25, 34-16A-41; SL 1979, ch 241; SL 2011, ch 165, §20.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-37 - Municipal and county cooperation with other agencies.

34A-1-37. Municipal and county cooperation with other agencies.
Any municipality or county may administer all or part of its air pollution control program in cooperation with one or more municipalities or counties of this state or of other states provided that the requirements of other statutes relating to cooperative agreements are met.
Source:
SL 1970, ch 203, §14; SDCL Supp, §34-16A-42.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-38 - Control of air contaminant sources beyond capability of local authority.

34A-1-38. Control of air contaminant sources beyond capability of local authority.
If the board finds that the control of a particular class of air contaminant source is beyond the reasonable capability of the local or county air pollution control authorities, the department may assume and retain jurisdiction over that class of air contaminant source.
Source:
SL 1970, ch 203, §14; SDCL Supp, §34-16A-43.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-39 - Civil action for violation--Penalty.

34A-1-39. Civil action for violation--Penalty.
Any person subject to this section, as provided in this chapter, is liable for a civil penalty not to exceed ten thousand dollars per day of violation or for damages to the environment of the state, or both. An action for the recovery of a civil penalty shall, upon demand, be tried to a jury.
Source:
SL 1970, ch 203, §15; SDCL Supp, §34-16A-44; SL 1973, ch 222, §7; SL 1977, ch 190, §31; SL 1977, ch 280, §13; SL 1988, ch 291, §17; SL 1990, ch 283, §2; SL 1992, ch 158, §15; SL 2011, ch 165, §21.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-40 - Investigations on board's own initiative--Petition by local board or electors.

34A-1-40. Investigations on board's own initiative--Petition by local board or electors.
The board may upon its own initiative cause to be investigated the alleged pollution of the air or any other violation of this chapter including the violation of any regulations issued pursuant to this chapter, or such investigation shall be made upon the verified petition of the governing body of any municipality or any municipal or county board of health or any fifteen electors of the state.
Source:
SDCL, §34-16A-11 as added by SL 1971, ch 204, §1; SDCL Supp, §34-16A-44.1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-41 - Entry for inspection to determine compliance--Refusal of access prohibited.

34A-1-41. Entry for inspection to determine compliance--Refusal of access prohibited.
Any duly authorized officer, employee, or representative of the department may enter and inspect that part of any property, premise, or place in which the officer, employee, or representative has reasonable grounds to believe is the source of air pollution at any reasonable time for the purpose of investigating the air pollution or of ascertaining the state of compliance with this chapter and rules promulgated pursuant to this chapter. No person may refuse entry or access to any authorized representative of the department who requests entry for the purpose of investigation, and who presents appropriate credentials; nor may any person obstruct, hamper, or interfere with any such investigation.
Source:
SL 1970, ch 203, §8; SDCL Supp, §34-16A-46; SL 1973, ch 222, §8; SL 2011, ch 165, §22.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-42 - Report of inspection furnished to owner or operator.

34A-1-42. Report of inspection furnished to owner or operator.
If requested, the owner or operator of the premises inspected pursuant to §34A-1-41 shall receive a report setting forth all the facts found which relate to compliance status.
Source:
SL 1970, ch 203, §8; SDCL Supp, §34-16A-47.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-43 - Hearings by board--Procedural powers.

34A-1-43. Hearings by board--Procedural powers.
In addition to any other powers conferred on it by law the board may hold hearings relating to any aspect of or matter in the administration of this chapter, and in connection with the hearings, exercise the powers granted by chapter 1-26.
Source:
SL 1970, ch 203, §5 (2); SDCL Supp, §34-16A-48; revised pursuant to SL 1972, ch 15, §4; SL 2011, ch 165, §23.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-44 - Issuance and enforcement of orders.

34A-1-44. Issuance and enforcement of orders.
In addition to any other powers conferred on it by law the board may issue orders necessary to effectuate the purposes of this chapter and enforce the provisions of this chapter by all appropriate administrative and judicial proceedings.
Source:
SL 1970, ch 203, §5 (3); SDCL Supp, §34-16A-49; SL 2011, ch 165, §24.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-45 - Emergency order for immediate reduction or discontinuance of emissions.

34A-1-45. Emergency order for immediate reduction or discontinuance of emissions.
If the secretary finds that any person is causing or contributing to air pollution and that such pollution creates an emergency by causing imminent danger to human health or safety and requires immediate action to protect human health or safety, the secretary shall order the person to reduce or discontinue immediately the emission of air contaminants. The emergency order is effective immediately on service upon the person responsible for the emission, and any person to whom such an order is directed shall comply with the order immediately.
Source:
SL 1970, ch 203, §11; SDCL Supp, §34-16A-50; SL 2011, ch 165, §25.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-46 - Hearing requested on emergency order--Action by board.

34A-1-46. Hearing requested on emergency order--Action by board.
Upon the request for a hearing by any person or persons named in an order served pursuant to §34A-1-45, the secretary shall proceed under chapter 1-26. Following the completion of such proceedings, the board shall affirm, modify or set aside the order of the secretary.
Source:
SL 1970, ch 203, §11; SDCL Supp, §34-16A-51; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-47 - Notice of violation--Order for corrective action--Civil penalty.

34A-1-47. Notice of violation--Order for corrective action--Civil penalty.
If the secretary has reason to believe that a violation of any provision of this chapter or rule promulgated pursuant to this chapter has occurred, the secretary may cause written notice to be served upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, and the facts alleged to constitute a violation of this chapter, and may include an order that necessary corrective action be taken within a reasonable time. Any person who violates an order 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, or both.
Source:
SL 1970, ch 203, §10; SDCL Supp, §34-16A-53; SL 1977, ch 280, §14; SL 1990, ch 283, §3; SL 1992, ch 158, §15A; SL 2011, ch 165, §26.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-48 - Hearing requested on order for corrective action--Time allowed.

34A-1-48. Hearing requested on order for corrective action--Time allowed.
Any order issued pursuant to §34A-1-47 becomes final unless, no later than twenty days after the date the notice and order are served, the person named in the order requests in writing a hearing before the board. Upon such request, the board shall proceed in compliance with chapter 1-26.
Source:
SL 1970, ch 203, §10; SDCL Supp, §34-16A-54; revised pursuant to SL 1972, ch 15, §4; SL 1977, ch 280, §15; SL 2011, ch 165, §27.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-49 - Contested case proceeding in lieu of order--Consent agreement.

34A-1-49. Contested case proceeding in lieu of order--Consent agreement.
In lieu of an order, the board chair may schedule a contested case under chapter 1-26 before the board. Nothing in this chapter prevents the department from notifying an alleged violator of violations and negotiating a consent agreement instead of initiating proceedings under §34A-1-47. Any consent agreement shall be approved by the board.
Source:
SL 1970, ch 203, §10; SDCL Supp, §34-16A-55; revised pursuant to SL 1972, ch 15, §4; SL 1977, ch 280, §16; SL 2011, ch 165, §28.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-50 - Board orders after hearing.

34A-1-50. Board orders after hearing.
If, after proceedings held pursuant to §34A-1-48 or 34A-1-49, the board finds that a violation or violations have occurred, it shall affirm or modify any order previously issued under §34A-1-47 by the board chairman, or issue an appropriate order or orders for the prevention, abatement, or control of the emissions or air pollution involved. If, after proceedings on an order contained in a notice the board finds that no violation is occurring, it shall rescind the order.
Source:
SL 1970, ch 203, §10; SDCL Supp, §34-16A-57; SL 1977, ch 280, §17.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-51 - Time allowed for corrective action in board order.

34A-1-51. Time allowed for corrective action in board order.
Any order issued as part of a notice or after proceedings under chapter 1-26 shall prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the emissions of air pollution.
Source:
SL 1970, ch 203, §10; SDCL Supp, §34-16A-58.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-52 - Enforcement remedies not barred by actions for penalties.

34A-1-52. Enforcement remedies not barred by actions for penalties.
Action pursuant to §34A-1-39 or the second paragraph of §34A-1-14 is not a bar to enforcement of this chapter or rules in force pursuant to this chapter, and orders made pursuant to this chapter by injunction or other appropriate remedy.
Source:
SL 1970, ch 203, §15; SDCL Supp, §34-16A-59; SL 1977, ch 280, §18; SL 2011, ch 165, §29.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-53 - Voluntary compliance effort not precluded.

34A-1-53. Voluntary compliance effort not precluded.
Nothing in this chapter prevents the department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.
Source:
SL 1970, ch 203, §10; SDCL Supp, §34-16A-61; SL 2011, ch 165, §30.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 01 - Air Pollution Control › Section 34A-1-54 - Private remedies unimpaired.

34A-1-54. Private remedies unimpaired.
Nothing in this chapter abridges, limits, or otherwise impairs the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceedings for damages or other relief.
Source:
SL 1970, ch 203, §15; SDCL Supp, §34-16A-62; SL 2011, ch 165, §31.