reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-19 - Certifications--Fees--Deposit and use of funds.

34A-3-19. Certifications--Fees--Deposit and use of funds.
The secretary may charge each applicant a fee not to exceed sixty dollars which shall accompany the application. The fees shall be deposited in the state treasury to be credited to the Board of Certification fund, which shall be used to pay expenses, and to administer the provisions, of this chapter. Any surplus at the end of the fiscal year shall be retained by the board for future expenditures.
Source:
SL 1970, ch 217, §10; SDCL Supp, §36-22A-18; SL 2011, ch 165, §74; SL 2021, ch 162, § 3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-20 - Agreements for reciprocal certification.

34A-3-20. Agreements for reciprocal certification.
Agreements for reciprocity with other states having an act requiring the certification of operators similar to this chapter, may be executed by the secretary under appropriate rules and regulations promulgated by the secretary in compliance with chapter 1-26.
Source:
SL 1970, ch 217, §12; SDCL Supp, §36-22A-19; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-21 - Suspension or revocation of certificate for violations.

34A-3-21. Suspension or revocation of certificate for violations.
The secretary may suspend or revoke a certificate issued under this chapter on violation of any of the provisions of this chapter or any rules promulgated pursuant to this chapter.
Source:
SL 1970, ch 217, §13; SDCL Supp, §36-22A-20; SL 2011, ch 165, §75.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-22 - Procedure for suspension or revocation.

34A-3-22. Procedure for suspension or revocation.
No certificate may be suspended or revoked except in compliance with chapter 1-26.
Source:
SL 1970, ch 217, §13; SDCL Supp, §36-22A-21; revised pursuant to SL 1972, ch 15, §4; SL 2011, ch 165, §76.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-23 - New certificate after suspension or revocation--Judicial review.

34A-3-23. New certificate after suspension or revocation--Judicial review.
If a certificate is suspended or revoked as provided in §§34A-3-21 and 34A-3-22, a new application for certification may be considered by the secretary if, when and after the conditions upon which suspension or revocation was based has been corrected and evidence of this fact has been satisfactorily submitted to the secretary. A new certificate may then be granted after all provisions of this chapter and the rules and regulations adopted hereunder have been complied with. The determination of the secretary is subject to review as provided by chapter 1-26.
Source:
SL 1970, ch 217, §13; SDCL Supp, §36-22A-22; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-24 - Rules promulgated by secretary--Contents.

34A-3-24. Rules promulgated by secretary--Contents.
The secretary, with the advice of the Board of Certification and in accordance with chapter 1-26, shall promulgate rules to establish the basis for classification of water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, to establish qualifications of applicants and procedures for examination of candidates, membership of and duties of the Board of Certification and such other provisions as are necessary for the administration of this chapter.
Source:
SL 1970, ch 217, §5; SDCL Supp, §36-22A-23; revised pursuant to SL 1972, ch 15, §4; SL 1977, ch 280, §41; SL 1993, ch 256, §23.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03 - Water Supply And Treatment System Operators › Section 34A-3-26 - Civil fine for supervision of water treatment plant by uncertified operator.

34A-3-26. Civil fine for supervision of water treatment plant by uncertified operator.
Any system or operator who violates the provisions of §34A-3-4 is subject to a civil penalty not to exceed one thousand dollars per day of violation.
Source:
SL 1992, ch 254, §91; SL 1993, ch 34, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-1 - Public policy.

34A-3A-1. Public policy.
It is hereby declared to be the public policy of the state to achieve and maintain safe drinking water for the public which will protect human health and safety and prevent the creation of public nuisances. To these ends it is the purpose of this chapter to ensure that public water systems in the state meet or exceed minimum standards for drinking water quality and to foster cooperation and coordination with other state and local agencies, other states, and the federal government pursuant to the Federal Safe Drinking Water Act, Public Law 93-523, as amended to January 1, 2011.
Source:
SL 1983, ch 260, §1; SL 1986, ch 27, §36; SL 2011, ch 165, §78.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-2 - Definitions.

34A-3A-2. Definitions.
Terms used in this chapter mean:
(1)"Area of influence," the area surrounding a pumping or recharging well within which the potentiometric surface or the water table has been changed;
(2)"Board," the Water Management Board;
(3)"Cone of depression," the shape of the area of influence in cross section;
(4)"Critical aquifer protection area," all or part of an area located within an area for which an application or designation as a sole source aquifer has been submitted and approved by the administrator of the United States Environmental Protection Agency;
(5)"Department," the Department of Agriculture and Natural Resources;
(6)"Maximum contaminant level," the maximum permissible level of a contaminant in water which is delivered to any user of a public water system;
(7)"Potentiometric surface," an imaginary surface representing the total head of groundwater in a confined aquifer and defined by the level to which water will rise in a well;
(8)"Public water system," a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and as provided for in 40 CFR sections 141.2 and 142.2 as amended to January 1, 2011;
(9)"Recharge area," the area through which water may percolate to the aquifer and eventually reach the well;
(10)"Secretary," the secretary of the Department of Agriculture and Natural Resources;
(11)"Sole source aquifer," an aquifer which provides fifty percent or more of the drinking water for an area and which if contaminated, would create a significant hazard to public health;
(12)"Supplier of water," any person who owns or operates a public water system;
(13)"Water table," that surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere;
(14)"Wellhead protection area," the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield.
Source: SL 1983, ch 260, §2; SL 1987, ch 259, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1999, ch 181, §1; SL 2011, ch 165, §79; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-3 - Promulgation of rules establishing standards and compliance procedures--Violation.

34A-3A-3. Promulgation of rules establishing standards and compliance procedures--Violation.
The Water Management Board shall promulgate rules, pursuant to chapter 1-26, establishing:
(1)Safe drinking water standards with maximum contaminant levels necessary to protect public health and safety. No maximum contaminant level may be more stringent than those established under the Federal Safe Drinking Water Act, as amended to January 1, 2011; and
(2)Procedures to ensure compliance with this chapter including quality control, testing, monitoring, record keeping, reporting, and public notice.
A violation of the rules adopted pursuant to this section is subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty not to exceed five hundred dollars for each day of violation.
Source:
SL 1983, ch 260, §3; SL 1987, ch 259, §2; SL 1988, ch 285, §37; SL 1992, ch 158, §37; SL 2011, ch 165, §80.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-4 - Enforcement powers of secretary.

34A-3A-4. Enforcement powers of secretary.
The secretary may:
(1)Review and approve the location, design, plans, and specifications for the construction or modification of public water systems;
(2)Conduct compliance investigations, including but not limited to, entering and inspecting systems and records of any supplier of water, to take samples and to take or to require the supplier to take all other reasonable steps necessary to ensure compliance with this chapter and rules adopted pursuant thereto;
(3)Require plans to provide safe drinking water under emergency circumstances and issue emergency orders requiring a supplier to take immediate action to prevent or eliminate an immediate hazard to public health or safety; and
(4)Receive financial and technical assistance from the federal government and other public or private agencies.
Source:
SL 1983, ch 260, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-5 - Variances of standards--Grounds for authorizing.

34A-3A-5. Variances of standards--Grounds for authorizing.
The secretary may authorize a variance from any maximum contaminant level established in §34A-3A-3 if:
(1)The raw water sources which are available to a specific system cannot meet the maximum contaminant level specified despite application of the best technology, treatment techniques, or other means which the secretary finds are generally and reasonably available, taking cost into consideration;
(2)The concentration of the contaminant or contaminants, for which the maximum contaminant level is exceeded by granting such variance, will not result in unreasonable risk to health;
(3)Within one year of the date of variance authorization, a schedule for compliance is issued and the owner of the supply agrees to implement the compliance schedule.
Source:
SL 1983, ch 260, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-6 - Exemption of public water supply systems--Requirements.

34A-3A-6. Exemption of public water supply systems--Requirements.
The secretary may exempt any public water supply system from any maximum contaminant level upon finding that:
(1)Due to compelling factors, including economic, the public water system is unable to comply with the contaminant level. In assessing the compelling factors the secretary shall consider such factors as construction, installation, or modification of treatment equipment or systems, and the time needed to replace an existing noncomplying facility with a new treatment system;
(2)The public water system was in operation on the effective date of the maximum contaminant level regulations;
(3)The granting of the exemption will not result in an unreasonable risk to health; and
(4)Within one year of the date of exemption authorization, a schedule for compliance be issued and the owner of the supply agree to implement the schedule.
Source:
SL 1983, ch 260, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-7 - Action for variance or exemption--Notice--Hearing.

34A-3A-7. Action for variance or exemption--Notice--Hearing.
Action to consider a variance or exemption may be initiated by the secretary or by the owner of the supply through a formal request submitted to the secretary. Public notice and hearing on the application for a variance or exemption shall comply with the provisions of chapter 1-26.
Source:
SL 1983, ch 260, §7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-12 - Notice of variance, exemption, or violation of compliance schedule.

34A-3A-12. Notice of variance, exemption, or violation of compliance schedule.
If a variance or exemption is granted or if a compliance schedule contained in a variance or exemption is violated, public notification as required by §34A-3A-3 shall be given by the supplier of water.
Source:
SL 1983, ch 260, §12; SL 1988, ch 285, §42.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-13 - Notice by secretary on failure of supplier.

34A-3A-13. Notice by secretary on failure of supplier.
Notice to the public required by this chapter may be given by the secretary on behalf of the supplier of water if the supplier of water fails to comply with the public notification requirements of this chapter.
Source:
SL 1983, ch 260, §13.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-14 - Application to public water systems.

34A-3A-14. Application to public water systems.
This chapter applies to each public water system unless the system consists only of distribution and storage facilities; obtains all of its water from, but is not owned or operated by a public water system to which this chapter applies; does not sell water to any person; and is not a carrier which conveys passengers in interstate commerce.
Source:
SL 1983, ch 260, §14.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-15 - Injunctive and declaratory relief.

34A-3A-15. Injunctive and declaratory relief.
The secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court.
Source:
SL 1983, ch 260, §15; SL 1992, ch 158, §38.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-16 - Approval and certification of laboratory facilities and personnel.

34A-3A-16. Approval and certification of laboratory facilities and personnel.
The director of laboratories shall establish and carry out a program for approval and certification of laboratory facilities and personnel which conduct analytical measurements required by any rules promulgated pursuant to this chapter.
Source:
SL 1983, ch 260, §16.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-17 - Prevention of pollution of water supply systems--Development of voluntary wellhead protection program--Specifications.

34A-3A-17. Prevention of pollution of water supply systems--Development of voluntary wellhead protection program--Specifications.
The department shall develop procedures necessary to safeguard public health and welfare and prevent pollution of public water supply systems. The department shall develop a voluntary wellhead protection program which will specify the following:
(1)Guidelines for a wellhead protection program to protect the public water supplies from new and existing facilities which may be potential or actual pollution sources, including, but not limited to, the design of new facilities and modification of existing facilities, the department approval or denial under existing authority of plans and specifications for new facilities or modifications to existing facilities, the construction and the installation of release detection and containment systems, siting criteria for new facilities, operation and maintenance criteria, contingency plans for pollutant release containment and cleanup, technical assistance, and education and training;
(2)Guidelines specifying the duties of the department and local governments in developing and implementing the wellhead protection program;
(3)Guidelines for determining the extent of wellhead protection areas. Factors for consideration may include, but are not limited to, the cone of depression, the area of influence, the area of contribution and the recharge area;
(4)Guidelines for determining all potential and actual pollution sources which may have an adverse effect on public health;
(5)Guidelines for taking into consideration potential sources of pollution when siting new wells for public water supplies; and
(6)Guidelines for developing contingency plans for pollution release containment, cleanup and the provision of alternative drinking water supplies for each public water system in the event of well or wellfield pollution.
Source:
SL 1989, ch 306, §42.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-18 - Water quality sample collected upon completion of well--Submission to department--Time period--Minimum analyzation requirements.

34A-3A-18. Water quality sample collected upon completion of well--Submission to department--Time period--Minimum analyzation requirements.
Following completion of any new well for domestic use, a water quality sample shall be collected and submitted to the Department of Health Laboratory or another laboratory approved by the department. If the well flows or if the well driller installs the pump, the well driller shall collect and submit the water quality sample. If the pump is not installed by the well driller, the owner shall collect and submit the water sample. The completed analysis shall be submitted to the department by the well driller or owner within thirty days after the submittal of the well completion report which is filed with the department pursuant to §46-6-11. At a minimum, the water sample shall be analyzed for nitrate, coliform bacteria, sodium, conductivity, and sulfate. Other contaminants may be analyzed for at the option of the well owner or driller. The owner or well driller shall pay for the cost of all analyses.
Source:
SL 1989, ch 306, §46.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-19 - State administration of the public water system supervision program--Fee.

34A-3A-19. State administration of the public water system supervision program--Fee.
In order to safeguard the public health, safety, and welfare of this state through a customer service approach, the state shall retain administration of the public water system supervision program as provided in the Federal Safe Drinking Water Act as amended to January 1, 2011. In order to meet the increasing delegation requirements the result of the 1986 amendments to the Federal Safe Drinking Water Act, a fee shall be imposed upon the users of drinking water facilities as provided in §34A-3A-20 to defray the costs to the state of administering the program.
Source:
SL 1992, ch 254, §67; SL 2011, ch 165, §81.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-20 - Annual fee schedule for public water systems.

34A-3A-20.Annual fee schedule for public water systems.
There is hereby imposed an annual fee upon all public water systems under the provisions of section 1411 of the Federal Safe Drinking Water Act, 42 U.S. C. 300F et seq. as amended to January 1, 2011. The fee is assessed as follows:
(1)For community water systems including municipalities, rural water systems, housing subdivisions, trailer parks, sanitary districts, religious colonies, and government operated water systems, the fee shall be based upon 1990 census data for municipalities, population served for nonmunicipalities, and the following fee table:
Population Range
Fee ($)
25 to 50
15
51 to 100
30
101 to 200
60
201 to 300
100
301 to 400
140
401 to 500
180
501 to 600
220
601 to 700
260
701 to 800
300
801 to 900
340
901 to 1,000
380
1,001 to 2,000
600
2,001 to 3,000
1,000
3,001 to 4,000
1,400
4,001 to 5,000
1,800
5,001 to 6,000
2,200
6,001 to 7,000
2,600
7,001 to 8,000
3,000
8,001 to 9,000
3,400
9,001 to 10,000
3,800
10,001 to 11,000
4,200
11,001 to 12,000
4,600
12,001 to 13,000
5,000
13,001 to 14,000
5,400
14,001 to 15,000
5,800
15,001 to 16,000
6,200
16,001 to 17,000
6,600
17,001 to 18,000
7,000
18,001 to 19,000
7,400
19,001 to 20,000
7,800
20,001 to 30,000
10,000
30,001 to 40,000
14,000
40,001 to 50,000
18,000
50,001 to 60,000
22,000
60,001 to 70,000
26,000
70,001 to 80,000
30,000
80,001 to 90,000
34,000
90,001 to 100,000
38,000
100,001 or more
41,000
(2)For noncommunity water systems including private campgrounds, government-operated campgrounds, interstate highway rest areas, tourist attractions, gas stations, motels, public and private schools, and other systems providing drinking water to the public--$10.00 minimum.
The fee imposed by this section is in addition to any other fee or tax.
Source:
SL 1992, ch 254, §68; SL 2011, ch 165, §82.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-22 - Establishment of the drinking water administrative subfund--Source of subfund--Administration--Expenditures--Unexpended funds.

34A-3A-22. Establishment of the drinking water administrative subfund--Source of subfund--Administration--Expenditures--Unexpended funds.
There is hereby established in the environmental fee fund created in §1-41-23, the drinking water administrative subfund. This subfund shall consist of legislative appropriations, federal grants, gifts, civil penalties received for any drinking water standards violations, and fees received pursuant to §34A-3A-20. The fund shall be maintained separately and be administered by the department in order to defray expenses of all activities associated with administering the drinking water program. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.
Source:
SL 1992, ch 254, §70; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-23 - Owner or operator to pay fee imposed on public drinking water system--Date due.

34A-3A-23. Owner or operator to pay fee imposed on public drinking water system--Date due.
The obligation to pay the fee imposed by §34A-3A-20 shall be upon the owner and operator of a public drinking water system and shall accrue on July first. The fee is due and payable by July thirty-first and shall be remitted to the Department of Agriculture and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26.
Source: SL 1992, ch 254, §71; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord.
11-1
), §161, eff. Apr. 12, 2011; SL 2019, ch 158, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-24 - Certain animal feeding operations prohibited from locating over shallow aquifer.

34A-3A-24. Certain animal feeding operations prohibited from locating over shallow aquifer.
No concentrated animal feeding operation that includes a number of animals equal to or greater than one thousand animal units may be located over a shallow aquifer unless a groundwater discharge permit has been approved in accordance with chapter 34A-2. For purposes of this section, a shallow aquifer is any aquifer having the following characteristics:
(1)The aquifer is within fifty feet or less below the land surface with fifteen feet or less of continuous, overlying, extremely low permeability geologic material, such as clayey till or shale. Weathered till or highly fractured weathered shale is not an extremely low permeability material for purposes of this section; or
(2)The aquifer is greater than fifty feet but less than one hundred feet below the land surface with thirty feet or less of continuous overlying low to extremely low permeability geologic material that may be a combination of weathered and unweathered till, shale, or till and shale.
This section does not apply to any concentrated animal feeding operation that was operating on or before July 1, 1997. This section does not limit or prohibit the expansion of any concentrated animal feeding operation that was operating on or before July 1, 1997.
The provisions of this section do not apply to any county which has officially adopted a comprehensive plan and zoning ordinances pursuant to chapter 11-2 and wellhead protection ordinances pursuant to §7-18-20.
Source:
SL 1997, ch 210, §§1, 2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-25 - Promulgation of rules to carry out requirements of Federal Safe Drinking Water Act--Violation.

34A-3A-25. Promulgation of rules to carry out requirements of Federal Safe Drinking Water Act--Violation.
In order to carry out the requirements of the Federal Safe Drinking Water Act as amended to January 1, 2011, the secretary of agriculture and natural resources shall promulgate rules, pursuant to chapter 1-26, establishing:
(1)Procedures for a supplier of water to demonstrate that a new system intended to be a public water system has the technical, managerial, and financial capacity to achieve and maintain compliance with all relevant local, state, and federal requirements;
(2)Procedures for the department to issue certificates of approval to new water suppliers once a technical, managerial, and financial capacity review, consistent with provisions of this chapter, is completed. The rules shall provide that a new system intended to be a public water system, after October 1, 1999, may not operate until it has been issued a certificate of approval;
(3)The development and implementation of a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity to comply with all relevant local, state, and federal requirements; and
(4)Such other rules as may be necessary to implement the provisions of the Federal Safe Drinking Water Act as amended to January 1, 2011, in a state drinking water program approved by the United States Environmental Protection Agency.
A violation of any rule adopted pursuant to this section is subject to the penalties provided for in §34A-3A-3.
Source: SL 1998, ch 217, §1; SL 2011, ch 165, §84; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-26 - Penalties for violation of chapter--Factors considered in determining penalty--Disposition of funds collected.

34A-3A-26. Penalties for violation of chapter--Factors considered in determining penalty--Disposition of funds collected.
A violation of any provision of this chapter or any rule promulgated pursuant to this chapter is subject to an administrative penalty assessed by the secretary, after notice and opportunity for hearing, pursuant to chapter 1-26. In the case of a public water system serving a population of more than ten thousand, the maximum penalty amount may be no more than one thousand dollars per day per violation. In the case of a public water system serving a population of less than ten thousand, the penalty may not exceed five hundred dollars per day per violation. The maximum penalty, assessed by the secretary, may not exceed five thousand dollars per violation. In determining the amount of the penalty upon finding a violation, or the amount of a settlement, the secretary shall consider the gravity of the violation, prior violations and compliance history, damage caused by the violation, the willfulness of the violation, and good faith attempts to achieve compliance. All penalties collected pursuant to this section shall be deposited in the regulated substance response fund, established pursuant to §34A-12-3.
Source:
SL 1999, ch 181, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-27 - Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing on order.

34A-3A-27. Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing on order.
A monetary penalty issued under §34A-3A-26 shall be assessed against a violator by an administrative order of the secretary. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to be violated. The order shall contain a statement that the violator may request a contested case hearing on the violation and penalty pursuant to chapter 1-26, by filing a written request with the secretary no later than twenty days after the receipt of the order. The order shall state that a request for contested case hearing must state the specific part or parts of the order being contested along with relevant facts and supporting legal authorities. The secretary shall serve the order and assessment by certified mail. If not contested within twenty days of receipt, an administrative order assessing a monetary penalty under this section shall constitute a judgment and may be executed by delivery of a true and correct copy certified by the secretary in the manner provided for the execution of money judgments in chapter 15-18.
If a hearing is requested, the matter shall be scheduled for a hearing before the secretary or a designee within thirty days from the receipt of the request. The department shall provide notice of the hearing consistent with the provisions of §1-26-17. Hearings shall be conducted pursuant to chapter 1-26. A final determination by the secretary may be appealed to the circuit and Supreme Court as provided in chapter 1-26. After a final determination, when the time to take an appeal has lapsed, the administrative order assessing a monetary penalty under this section shall constitute a judgment and may be executed by delivery of a true and correct copy certified by the secretary in the manner provided for the execution of judgments in chapter 15-18.
Source:
SL 1999, ch 181, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 03A - Safe Drinking Water › Section 34A-3A-28 - Administrative penalty for violation of chapter.

34A-3A-28. Administrative penalty for violation of chapter.
Any violation of this chapter and the rules promulgated thereunder is subject to the administrative penalty provisions of §§34A-3A-26 and 34A-3A-27 and enforcement under §34A-3A-15.
Source:
SL 1999, ch 181, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-1 - Areas subject to incorporation as districts.

34A-5-1. Areas subject to incorporation as districts.
If any populated area outside the boundary of any municipality is situated so that the sewage of the populated area becomes, or may become, a menace to the residents of the populated area or to the residents of any municipality adjacent to the populated area, the populated area may be incorporated as a sanitary district as provided in this chapter.
Source:
SL 1947, ch 226, §1; SDC Supp 1960, §45.3801; SDCL §34-17-1; SL 1992, ch 60, §2; SL 2011, ch 165, §85.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-2 - Minimum population of district.

34A-5-2. Minimum population of district.
No sanitary district may be incorporated which contains less than thirty legal residents, including minors, or less than ten landowners within the proposed district who are also registered voters in the proposed district.
Source:
SL 1947, ch 226, §3; SDC Supp 1960, §45.3803; SL 1964, ch 144, §1; SDCL, §34-17-2; SL 1973, ch 224; SL 1998, ch 36, §38.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-3 - Map of proposed district.

34A-5-3. Map of proposed district.
Any person making application for the organization of a sanitary district shall first cause an accurate map to be made of the territory intended to be included in the sanitary district, showing the boundaries and area of the district. The accuracy of the map shall be verified by the affidavit of a surveyor. The map may be completed by reviewing records and legal descriptions at a county register of deeds office.
Source:
SL 1947, ch 226, §2; SDC Supp 1960, §45.3802; SDCL §34-17-3; SL 2001, ch 190, §1; SL 2011, ch 165, §86.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-5 - Survey, map, and census made available for public examination.

34A-5-5. Survey, map, and census made available for public examination.
The survey and map when completed shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within the territory for a period of not less than twenty days for examination by any person having an interest in the application.
Source:
SL 1947, ch 226, §4; SDC Supp 1960, §45.3804; SL 1964, ch 144, §2; SDCL, §34-17-5; SL 1998, ch 36, §40.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-6 - Application for incorporation of district--Number of signatures required--Filing.

34A-5-6. Application for incorporation of district--Number of signatures required--Filing.
The application for organization shall be as provided in §6-16-2 and shall be filed with the county auditor and presented to the board of county commissioners for consideration at the board's next meeting.
Source:
SL 1947, ch 226, §5; SDC Supp 1960, §45.3805; SL 1964, ch 144, §3; SDCL, §34-17-6; SL 1998, ch 36, §41.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-7 - Commissioners' order to incorporate district upon assent of electors--Name of district.

34A-5-7. Commissioners' order to incorporate district upon assent of electors--Name of district.
If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the electors as specified in §6-16-2, in an election as provided in §§6-16-4 to 6-16-6, inclusive, be an incorporated sanitary district by the name specified in the application. The name shall be different from that of any other sanitary district in this state.
Source:
SL 1947, ch 226, §6; SDC Supp 1960, §45.3806; SL 1964, ch 144, §4; SDCL §34-17-7; SL 1998, ch 36, §42; SL 2011, ch 165, §87.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-11 - Ballot form on question of incorporation--Majority required for approval.

34A-5-11. Ballot form on question of incorporation--Majority required for approval.
If a majority vote in favor of the incorporation, the territory shall be deemed a sanitary district by the name and style specified in the order of incorporation by the board of county commissioners; otherwise, no further proceedings may be taken.
Source:
SL 1947, ch 226, §10; SDC Supp 1960, §45.3810; SDCL, §34-17-11; SL 1998, ch 36, §46.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-12 - Canvass and return of election results--Order of county commissioners declaring incorporation.

34A-5-12. Canvass and return of election results--Order of county commissioners declaring incorporation.
If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the sanitary district has been incorporated by the name adopted. The order shall be conclusive of the fact of incorporation in all suits by or against the sanitary district.
Source:
SL 1947, ch 226, §11; SDC Supp 1960, §45.3811; SDCL, §34-17-12; SL 1998, ch 36, §47.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-13 - Expenditure of county funds for preliminary and election expenses--State funds.

34A-5-13. Expenditure of county funds for preliminary and election expenses--State funds.
The county board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of the holding of elections on the incorporation of sanitary districts hereunder. The county board may accept and expend any funds appropriated to the State Department of Agriculture and Natural Resources and allocated by that department to the county for these purposes.
Source: SDC Supp 1960, §45.3806 as added by SL 1964, ch 144, §4; SDCL, §34-17-13; SL 1986, ch 295, §20; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-14 - District as governmental subdivision and public body.

34A-5-14. District as governmental subdivision and public body.
Any sanitary district established under this chapter is a governmental subdivision of this state and a public body, corporate and politic.
Source:
SL 1947, ch 226, §17; SDC Supp 1960, §45.3817; SDCL §34-17-14; SL 2011, ch 165, §88.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-14.1 - Districts to be governed by board of trustees--Number of members.

34A-5-14.1. Districts to be governed by board of trustees--Number of members.
Each sanitary district shall be governed by a board of trustees elected at large, as provided in this chapter. Each board of trustees shall consist of an odd number of members and shall have at least three but not more than eleven members, as provided in this section.
If a sanitary district provides or is proposed to provide sewer or water facility connections to more than one thousand five hundred households, farms, businesses, or other entities, the board of trustees shall consist of at least five but not more than eleven members. If a sanitary district provides or is proposed to provide at least one thousand but not more than one thousand five hundred sewer or water facility connections, the board of trustees shall consist of at least five but not more than nine members. If a sanitary district provides or is proposed to provide at least five hundred but not more than one thousand sewer or water facility connections, the board of trustees shall consist of at least three but not more than seven members. If a sanitary district provides or is proposed to provide fewer than five hundred sewer or water facility connections, the board of trustees shall consist of at least three but not more than five members.
The number of trustees for a newly incorporated or consolidated sanitary district shall be specified in the order of incorporation issued under §34A-5-7 or in the consolidation resolution issued under §34A-5-46.
Source:
SL 1993, ch 258, §5; SL 2019, ch 160, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-16 - Number and terms of office of district trustees--Inspectors' certificate as to persons elected.

34A-5-16. Number and terms of office of district trustees--Inspectors' certificate as to persons elected.
There shall be elected at the first election of a sanitary district three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and one for a term of three years. The person having the highest number of votes shall serve for a term of three years, the person receiving the second highest number of votes shall serve for a term of two years, and the person receiving the third highest number of votes shall serve for a term of one year, and such persons shall be declared elected to such offices; thereafter, there shall be elected annually one trustee for a term of three years. The inspectors shall subscribe and certify a statement of the persons elected to fill the offices of trustees in such sanitary district and file the same with the county auditor within ten days after the date of such election.
Source:
SL 1947, ch 226, §12; SDC Supp 1960, §45.3812; SL 1964, ch 144, §5; SDCL, §34-17-16; SL 1969, ch 185, §1; revised pursuant to SL 1972, ch 15, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-17 - Election on increase in number of trustees.

34A-5-17. Election on increase in number of trustees.
The board of trustees may by resolution submit to the voters the question of whether the number of trustees shall be increased to five at a special election called for that purpose, or at the next regular election.
Source:
SL 1975, ch 220, §1; SDCL Supp, §34-17-16.1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-18 - Notice of election--Separate ballots.

34A-5-18. Notice of election--Separate ballots.
The board of trustees shall give notice pursuant to §6-16-4 of the election provided for in §34A-5-17. The question shall be submitted to the voters on a separate ballot and shall enable each voter to vote for or against the proposed question.
Source:
SL 1975, ch 220, §2; SDCL Supp, §34-17-16.2; SL 2000, ch 32, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-19 - Election of additional trustees if increase approved--Terms of office--Certification.

34A-5-19. Election of additional trustees if increase approved--Terms of office--Certification.
If a majority of the voters approve the question to increase the board of trustees to five, the voters shall elect one additional trustee for a three-year term and one additional trustee for a two-year term at the next regular election and the trustees shall be certified in the same manner as provided by law.
Source:
SL 1975, ch 220, §3; SDCL Supp, §34-17-16.3; SL 1998, ch 36, §49.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-20 - Annual election of district officers.

34A-5-20. Annual election of district officers.
Each sanitary district shall annually elect officers on any Tuesday in the month following the anniversary date of the first election. The board of trustees shall designate a location in the district where the election shall be held. If one or more of the corporate bodies making up a sanitary district is a municipality, and the anniversary date falls within three months prior to or within one month after the annual election of the municipality, the annual election of officers shall be held on the same day as the annual municipal election. The annual election, whether or not it is held in conjunction with the annual municipal election, shall be conducted in accordance with the municipal election laws pursuant to chapter 9-13, except as provided in this chapter.
Source:
SL 1947, ch 226, §14; SDC Supp 1960, §§45.3812, 45.3814; SL 1964, ch 144, §5; SL 1967, ch 228, SDCL, §34-17-17; SL 1969, ch 185, §2; SL 1974, ch 236, §1; SL 1988, ch 287; SL 1990, ch 284, §1; SL 1994, ch 281, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-21 - Nomination petitions for district trustee.

34A-5-21. Nomination petitions for district trustee.
Any trustee to be elected at the initial election shall be nominated by any person in attendance at the meeting at which the organizational election is held. Any trustee to be elected at a subsequent election shall be nominated by filing with the district clerk, not more than forty nor less than twenty days before any subsequent election, a nomination petition for office of trustee. The petition shall be in writing and shall contain the candidate's name, residence, business address, and the office for which the candidate is named. The petition shall be signed by at least twenty-five qualified voters or five percent of the qualified voters, whichever is less.
Source:
SL 1947, ch 226, §13; SDC Supp 1960, §45.3813; SL 1964, ch 144, §6; SDCL §34-17-18; SL 1970, ch 198; SL 1983, ch 261; SL 1988, ch 288, §1; SL 1994, ch 281, §2; SL 1998, ch 36, §50; SL 2015, ch 191, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-21.1 - Vacancies on board of trustees.

34A-5-21.1. Vacancies on board of trustees.
If a vacancy occurs on a sanitary district board of trustees, the remaining members shall appoint a replacement to serve the remainder of such term.
Source:
SL 1984, ch 245; SL 1990, ch 284, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-21.2 - Residency of district trustees.

34A-5-21.2. Residency of district trustees.
To serve as a trustee of a sanitary district that has one hundred or more residents, the person shall be a resident of the sanitary district.
To serve as a trustee of a sanitary district with less than one hundred residents, a person shall be a resident of the sanitary district or a United States citizen who owns real property within the boundaries of the sanitary district.
Source:
SL 1988, ch 288, §2; SL 2011, ch 165, §89; SL 2019, ch 160, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-21.3 - Published notice of vacancies--Content--Timeliness.

34A-5-21.3. Published notice of vacancies--Content--Timeliness.
The board of trustees shall publish a notice in the official newspaper of the sanitary district setting forth the vacancies which will occur by termination of the terms of office of elective officers. The notice shall also state the time and place where nominating petitions may be filed for such offices. The notice shall be published once each week for two consecutive weeks. The first notice shall be published not less than thirty days prior to the deadline for filing nominating petitions.
Source:
SL 1990, ch 284, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-22 - Organization of board of trustees--President--Meetings.

34A-5-22. Organization of board of trustees--President--Meetings.
The members of the board of trustees shall organize by electing one of the members to serve as president. The president shall preside over all meetings of the board and shall call all special meetings of the board if the president or a majority of the board deems such a meeting necessary. If the president fails or refuses to call a special meeting, a special meeting may be called by a majority of the board.
Source:
SL 1947, ch 226, §16; SDC Supp 1960, §45.3816; SDCL §34-17-19; SL 1976, ch 215, §1; SL 2011, ch 165, §90.