reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-53 - Notice to correct violations--Contents--Civil penalty.

34A-2-53. Notice to correct violations--Contents--Civil penalty.
If the secretary has reason to believe that a violation of this chapter or any rule made or permit issued under it is threatened or has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice shall state the provisions alleged to be violated, the facts alleged to constitute a violation, the nature of any corrective action proposed to be required, and the time within which such action is to be taken. For the purpose of this chapter, service by mail is deemed complete on the date of mailing.
Any person who violates an order issued pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
Source:
SDC 1939, §61.0112; SL 1955, ch 430, §1; SDC Supp 1960, §61.0148; SL 1966, ch 260, §3; SDCL §46-25-12; SL 1973, ch 280, §11 (1); SDCL Supp, §46-25-69; SL 1988, ch 285, §18; SL 1992, ch 158, §26; SL 2011, ch 165, §49.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-54 - Hearing on violation--Notice.

34A-2-54. Hearing on violation--Notice.
In a notice given under §34A-2-53, the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against the alleged violator. In such event, the notice shall also meet the requirements of §1-26-17, and notice shall be given in a manner which will reasonably inform the public.
Source:
SDC 1939, §61.0112; SL 1955, ch 430, §1; SDC Supp 1960, §61.0148; SL 1966, ch 260, §3; SDCL §46-25-12; SL 1973, ch 280, §11 (2); SDCL Supp, §46-25-70; SL 1988, ch 285, §19; SL 2011, ch 165, §50.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-55 - Time of hearing on violation--Respondent's request for change of time.

34A-2-55. Time of hearing on violation--Respondent's request for change of time.
A hearing pursuant to §34A-2-54 shall be held no sooner than fifteen days after service of the notice, except that the board may set an earlier date for the hearing if they are requested to do so by the alleged violator. The board may set a later date for the hearing at the request of the alleged violator, if the alleged violator shows good cause for delay.
Source:
SDC 1939, §61.0112; SL 1955, ch 430, §1; SDC Supp 1960, §61.0148; SL 1966, ch 260, §3; SDCL, §46-25-12; SL 1973, ch 280, §11 (2); SDCL Supp, §46-25-71; SL 1988, ch 285, §20.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-56 - Respondent's request for hearing on violation--Time of filing--Time of hearing.

34A-2-56. Respondent's request for hearing on violation--Time of filing--Time of hearing.
If the secretary does not require an alleged violator to appear for a public hearing pursuant to §34A-2-54, the alleged violator may request the board to conduct such a hearing. Such request shall be in writing and shall be filed with the board no later than thirty days after service of a notice under §34A-2-53. If such a request is filed, a hearing shall be held within forty-five days.
Source:
SL 1973, ch 280, §11 (3); SDCL Supp, §46-25-72; SL 1988, ch 285, §21.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-57 - Procedure in hearing on violation--Venue.

34A-2-57. Procedure in hearing on violation--Venue.
If a hearing is held pursuant to the provisions of §34A-2-54 or 34A-2-56, it shall be treated as a contested case in accordance with chapter 1-26 and may be held in any county in which the violation is alleged to have occurred.
Source:
SDC 1939, §61.0112; SL 1955, ch 430, §1; SDC Supp 1960, §61.0148; SL 1966, ch 260, §3; SDCL, §46-25-12; SL 1973, ch 280, §11 (4); SDCL Supp, §46-25-73.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-58 - Parties permitted to appear and present evidence at hearing on violation.

34A-2-58. Parties permitted to appear and present evidence at hearing on violation.
The board shall permit all parties to respond to the notice served under §34A-2-53, and all other interested parties, to present evidence and argument on all issues, and to conduct cross-examination required for full disclosure of the facts.
Source:
SL 1973, ch 280, §11 (4); SDCL Supp, §46-25-74; SL 1988, ch 285, §22.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-59 - Record of hearing on violation.

34A-2-59. Record of hearing on violation.
The board shall keep a record of the hearing as required by chapter 1-26, and at least one copy of any written exhibits put in evidence.
Source:
SL 1973, ch 280, §11 (4); SDCL Supp, §46-25-75; SL 1988, ch 285, §23.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-60 - Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation.

34A-2-60. Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation.
After a hearing, or on the failure of an alleged violator to make a timely request for a hearing, the board may issue an appropriate decision in compliance with §1-26-25 and an order for the prevention, abatement, or control of pollution. The order shall state the date or dates by which any violation shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the pollution.
Any person who violates an order issued pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
Source:
SDC 1939, §61.0113; SL 1955, ch 430, §1; SDC Supp 1960, §61.0149; SL 1966, ch 260, §4; SDCL, §46-25-13; SL 1973, ch 280, §11 (5); SDCL Supp, §46-25-76; SL 1988, ch 285, §24; SL 1992, ch 158, §27.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-64 - Order not stayed by appeal--Findings required to grant stay.

34A-2-64. Order not stayed by appeal--Findings required to grant stay.
Notwithstanding the provisions of §1-26-32, an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause serious harm to the affected party, and that the threatened violation or violation will not continue or, if it does continue, any harmful effects on waters will be remedied immediately on the cessation of the violation.
Source:
SL 1973, ch 280, §12 (3); SDCL Supp, §46-25-80; SL 1988, ch 285, §28.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-65 - Judicial enforcement of order pending appeal.

34A-2-65. Judicial enforcement of order pending appeal.
If the court does not stay the effectiveness of an order of the board, it may enforce compliance with that order by issuing a temporary restraining order or an injunction at the request of the board.
Source:
SL 1973, ch 280, §12; SDCL Supp, §46-25-81.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-66 - Legal representation of board in appeal.

34A-2-66. Legal representation of board in appeal.
In any appeal from the board, the attorney general shall represent the board, if requested, or the board may appoint special counsel for the proceedings, subject to the approval of the attorney general.
Source:
SL 1973, ch 280, §12 (1); SDCL Supp, §46-25-82.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-67 - Appeal bond not required of state or board.

34A-2-67. Appeal bond not required of state or board.
Neither the state nor the board need give a bond or make a deposit for costs upon an action for judicial review or upon any subsequent appeal.
Source:
SL 1973, ch 280, §12 (2); SDCL Supp, §46-25-83.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-68 - Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.

34A-2-68. Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.
No person may violate this chapter or any rule issued pursuant to this chapter, or commit an act which will cause substantial pollution, the harmful effects of which cannot be remedied immediately after the commission or cessation of the act. The secretary may order the person to stop, avoid, or moderate the act so that it is in compliance with this chapter or the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the secretary provides otherwise. If the order is not complied with in a timely manner, the secretary may contain and recover pollutants to limit or prevent pollution of any state waters. A violation of an order issued pursuant to this section is subject to §34A-2-75.
Source:
SL 1973, ch 280, §15; SDCL Supp, §46-25-84; SL 1984, ch 244, §1; SL 1988, ch 285, §29; SL 1992, ch 158, §27A.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-69 - Notice of emergency order.

34A-2-69. Notice of emergency order.
Notice of an order pursuant to §34A-2-68 shall conform to the requirements of §§34A-2-53 to 34A-2-60, inclusive, so far as practicable; the notice shall indicate that the order is an emergency order.
Source:
SL 1973, ch 280, §15; SDCL Supp, §46-25-85.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-70 - Hearing on emergency order--Time and procedure for hearing.

34A-2-70. Hearing on emergency order--Time and procedure for hearing.
Upon issuing an order pursuant to §34A-2-68, the secretary shall fix a place and time for a hearing before the board, not later than five days thereafter, unless the person to whom the order is directed requests a later time. The secretary may deny a request for a later time if the secretary finds that the person to whom the order is directed is not complying with the order. The hearing shall be conducted by the board in the manner specified in §§34A-2-53 to 34A-2-60, inclusive.
Source:
SL 1973, ch 280, §15; SDCL Supp, §46-25-86; SL 1988, ch 285, §30; SL 2011, ch 165, §51.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-71.1 - Investigation of discharge polluting state waters--Responsible person.

34A-2-71.1. Investigation of discharge polluting state waters--Responsible person.
If the department has determined that a discharge that may cause or has caused the pollution of state waters has occurred, the department shall conduct an investigation to determine the responsible person. The investigation may include a title search of the affected property and shall attempt to designate as the responsible person the person deemed to be the most responsible for the occurrence of the discharge. If the identity of the person who caused the discharge can be determined, that person shall be designated as the responsible person. If the identity of the person who caused the discharge cannot be determined, the owner of the property or operator of the tank at the time of the discharge shall be designated as the responsible person. If the person deemed responsible for the discharge contests the department's decision, a title search of the affected property shall be done.
Source:
SL 1989, ch 309, §2; SL 1990, ch 290, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-72 - Action in circuit court for immediate restraint of pollution.

34A-2-72. Action in circuit court for immediate restraint of pollution.
In the alternative, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment to welfare is to the livelihood of such persons, or that a person is violating or threatening to violate any of the provisions of this chapter, the secretary may bring suit on behalf of the state in the circuit court in which the violation is taking place to immediately restrain any person violating or threatening to violate this chapter, or causing or contributing to the alleged pollution, or to take such other action as may be necessary.
Source:
SDC 1939, §61.0115; SL 1955, ch 430, §1; SDC Supp 1960, §61.0151; SL 1966, ch 260, §5; SDCL, §46-25-15; SL 1973, ch 280, §15; SDCL Supp, §46-25-88; SL 1988, ch 285, §32.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-73 - Action by department to enjoin violations--Temporary injunction and restraining order.

34A-2-73. Action by department to enjoin violations--Temporary injunction and restraining order.
The department may bring an action without furnishing of bond, for an injunction against the continuation of any threatened or actual violation, or against any person who fails to comply with an emergency order issued by the secretary by virtue of §34A-2-68, or any final order of the secretary or board. The court to which the department applies for an injunction may issue a temporary injunction, if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.
Source:
SL 1973, ch 280, §16; SDCL Supp, §46-25-89; SL 1988, ch 285, §33.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-74 - Initiation of action to recover penalties.

34A-2-74. Initiation of action to recover penalties.
In addition to or instead of issuing an order, the secretary or board may initiate appropriate action for recovery of a penalty, pursuant to §§34A-2-75 to 34A-2-79, inclusive.
Source:
SL 1973, ch 280, §11 (8); SDCL Supp, §46-25-90.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-75 - Violations classified as misdemeanor--Criminal and civil penalties.

34A-2-75. Violations classified as misdemeanor--Criminal and civil penalties.
Any person subject to this section, as provided in this chapter, is guilty of a Class 1 misdemeanor. In addition to a jail sentence authorized by §22-6-2, a Class 1 misdemeanor imposed by this chapter is subject to a criminal fine not to exceed ten thousand dollars per day of violation. The violator is also subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
Source:
SDC 1939, §61.0115; SL 1955, ch 430, §1; SDC Supp 1960, §61.0151; SL 1966, ch 260, §5; SDCL §46-25-16; SL 1973, ch 280, §14 (1); SDCL Supp, §46-25-91; SL 1977, ch 190, §638; SL 1984, ch 243, §6; SL 1988, ch 285, §34; SL 1992, ch 158, §28; SL 2011, ch 165, §52.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-77 - False representation or tampering with monitoring device prohibited--Violation.

34A-2-77. False representation or tampering with monitoring device prohibited--Violation.
No person may make any false statement, representation, or certification in any document filed or required to be maintained under this chapter, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter. A violation of this section is subject to §34A-2-75.
Source:
SL 1973, ch 280, §14 (2); SDCL Supp, §46-25-93; SL 1977, ch 190, §639; SL 1984, ch 243, §7; SL 1992, ch 158, §30.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-78 - Alternative remedies not barred by invoking penalties.

34A-2-78. Alternative remedies not barred by invoking penalties.
Any action pursuant to §34A-2-75 or 34A-2-77 does not bar enforcement of the chapter, or of rules or orders issued pursuant to it by injunctive or other appropriate remedy.
Source:
SL 1973, ch 280, §14 (4); SDCL Supp, §46-25-94; SL 1992, ch 158, §31.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-79 - Remedies under chapter alternative to remedies under other law.

34A-2-79. Remedies under chapter alternative to remedies under other law.
A purpose of this chapter is to provide additional and cumulative remedies to prevent, abate, and control the pollution of state waters. Nothing in this chapter abridges or alters any rights or action of remedies in equity or under the common law or statutory law, criminal or civil, nor may any provision of this chapter be construed as estopping the state or any municipality or person as owners of water rights or otherwise in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
Source:
SL 1973, ch 280, §14 (5); SDCL Supp, §46-25-95; SL 2011, ch 165, §53.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-82 - Acceptance of grants for water pollution control.

34A-2-82. Acceptance of grants for water pollution control.
The secretary shall accept grants from the federal government and from other sources to carry out the provisions of this chapter.
Source:
SL 1973, ch 280, §6 (10); SDCL Supp, §46-25-98.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-93 - Promulgation of rules by board.

34A-2-93. Promulgation of rules by board.
The board may promulgate rules pursuant to chapter 1-26:
(1)To establish surface and ground water quality standards;
(2)To establish design and installation requirements for on-site wastewater systems;
(3)To establish criteria for water pollution control facilities, to include facilities constructed for the protection and monitoring of groundwater;
(4)To establish the present and future beneficial uses of all waters under this chapter;
(5)To establish procedures for granting variances from water quality standards;
(6)To establish procedures for conducting inspections;
(7)To establish contested case procedures;
(8)To establish secondary treatment standards for wastewater facilities;
(9)To establish standards for surface water discharge permits;
(10)To establish pretreatment standards and requirements for local pretreatment programs;
(11)To establish standards for aboveground and underground storage tanks;
(12)To establish financial responsibility requirements for owners of underground and aboveground storage tanks;
(13)To establish standards for the remediation and cleanup of contaminated soils. The standards relating to cleanup of petroleum contamination shall be based upon risk to human health and safety as determined by the board. The board may adopt standards relating to cleanup of contamination consistent with the American Society for Testing and Materials Standard ES38-94, entitled Emergency Standard Guide for Risk Based Corrective Action Applied at Petroleum Release Sites, as in effect on January 1, 2011, or other generally accepted risk-based cleanup methods;
(14)To establish standards for bulk chemical storage facilities;
(15)To establish requirements for underground injection control;
(16)To establish a groundwater discharge permit program;
(17)To establish a delegated national pollutant discharge elimination system program as provided for under 40 CFR Part 123 as amended to January 1, 2011, and wastewater pretreatment program as provided for under 40 CFR Part 403 as amended to January 1, 2011;
(18)To establish a priority listing for projects funded under the construction grant program; and
(19)To establish requirements for approval of plans for water pollution control facilities and water supply systems.
The board shall also hold any hearings necessary for the proper administration of this chapter and initiate any action in court for the enforcement of this chapter.
Source:
SL 1971, ch 209, §5; SDCL Supp, §46-25-22; SL 1973, ch 280, §4 (8) to (10); SL 1973, ch 281, §4; SDCL Supp, §46-25-107; SL 1993, ch 256, §22; SL 1995, ch 204, §1; SL 2011, ch 165, §57.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-94 - Public availability of records and information obtained under chapter--Trade secrets exception.

34A-2-94. Public availability of records and information obtained under chapter--Trade secrets exception.
Any records, reports, or information obtained under this chapter shall, in the case of effluent data, be related to any applicable effluent limitations, pretreatment, or new source performance standards, and shall be available to the public. However, upon a showing satisfactory to the secretary by any person that records, information, or particular part thereof (other than effluent data, permit applications, and permits) to which the secretary has access under this chapter, if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the secretary shall consider the record, report, or information, or particular portion of the record, report, or information, confidential, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the state or federal government concerned with carrying out this chapter, or when relevant, in any proceeding under this chapter.
Source:
SL 1973, ch 280, §13; SDCL Supp, §46-25-108; SL 1988, ch 285, §36; SL 2011, ch 165, §58.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-96 - Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation.

34A-2-96. Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation.
The owner or operator of a facility or vehicle that stores or transports petroleum substances is responsible for the costs of containment and recovery ordered by the secretary of water and natural resources and incurred by the state as a result of a discharge of the petroleum substances into state waters. Any person causing the discharge shall be strictly liable to the owner or operator for all costs and proximate damages resulting from the discharge. A violation of an order issued pursuant to this section is subject to §34A-2-75.
Source:
SL 1984, ch 244, §2; SL 1992, ch 158, §31A.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-97 - Petroleum substances discharged into state waters--Notice to secretary required--Restriction on use of information in criminal proceeding--Violation.

34A-2-97. Petroleum substances discharged into state waters--Notice to secretary required--Restriction on use of information in criminal proceeding--Violation.
The owner or operator of a facility or vehicle that discharges a petroleum substance into state waters shall notify the secretary of agriculture and natural resources upon knowledge of the release. Notification received pursuant to this section and information obtained in the investigation of the notification may not be used in a criminal proceeding filed against the owner or operator, except in a prosecution for perjury or for giving a false statement. A violation of this section is subject to §34A-2-75.
Source: SL 1984, ch 244, §3; SL 1992, ch 158, §31B; SL 2005, ch 10, §26; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-98 - Underground storage tanks--Definitions.

34A-2-98. Underground storage tanks--Definitions.
Terms used in this section and §34A-2-99 mean:
(1)"Department," Department of Agriculture and Natural Resources;
(2)"Local designated agencies," agencies of subdivisions of state government which are designated by the Governor to carry out specific portions of this section and §34A-2-99;
(3)"Nonoperational storage tank," any underground storage tank in which regulated substances may not be deposited or from which regulated substances may not be dispensed;
(4)"Regulated substance," any substance defined in section 101(4) of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended to January 1, 2011, but not including any substance regulated as a hazardous waste under subtitle (C), and petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, 60 degrees fahrenheit and 14.7 pounds per square inch absolute;
(5)"Underground storage tank," any tank or combination of tanks including connected underground pipes which contains an accumulation of regulated substances, and the volume of which, including the volume of the connected underground pipes, is ten percent or more beneath the surface of the ground. This term does not include:
(a)A farm or residential tank with a capacity of one thousand one hundred gallons or less used for storing motor fuel for noncommercial purposes;
(b)A tank used for storing heating oil for consumptive use on the premises where stored;
(c)A septic tank;
(d)A pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, as amended to January 1, 2011, the Hazardous Liquid Pipeline Safety Act of 1979, as amended to January 1, 2011, or a pipeline which is an intrastate pipeline facility regulated under state laws comparable to the provisions of law referred to above;
(e)A surface impoundment, pit, pond or lagoon;
(f)A storm water or wastewater collection system;
(g)A flow-through process tank;
(h)A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;
(i)A storage tank situated in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor; and
(j)Any pipes connected to any tank which is described in subsections (a) to (i), inclusive, of this subdivision.
Source: SL 1985, ch 284, §1; SL 2011, ch 165, §60; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-99 - Underground storage tanks--Promulgation of rules--Violation.

34A-2-99. Underground storage tanks--Promulgation of rules--Violation.
The board shall promulgate rules, pursuant to chapter 1-26 to develop:
(1)Requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;
(2)Requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system;
(3)Requirements for the reporting of any releases and corrective action taken in response to a release from an underground storage tank;
(4)Requirements for taking corrective action in response to a release from an underground storage tank. The standards relating to cleanup of petroleum contamination shall be based upon risk to human health and safety as determined by the board. The board may adopt standards relating to cleanup of contamination consistent with the American Society for Testing and Materials Standard ES38-94, entitled Emergency Standard Guide for Risk Based Corrective Action Applied at Petroleum Release Sites, as in effect on January 1, 2011, or other generally accepted risk-based cleanup methods;
(5)Requirements for the closure of tanks to prevent future releases of regulated substances to the environment;
(6)Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank;
(7)Standards of performance for new underground storage tanks;
(8)Requirements for notifying the department or local designated agency of the existence of any operational or nonoperational underground storage tank;
(9)Requirements for providing the information required on the form issued pursuant to section 9002(b)(2) of the Federal Resource Conservation Recovery Act reauthorization of 1984, as amended to January 1, 2011.
A violation of rules promulgated pursuant to this section is subject to §34A-2-75.
Source:
SL 1985, ch 284, §2; SL 1992, ch 158, §31C; SL 1995, ch 204, §2; SL 2011, ch 165, §61.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-100 - Above ground stationary storage tank defined.

34A-2-100. Above ground stationary storage tank defined.
The term, above ground stationary storage tank, as used in this section and §§34A-2-101 and 34A-2-102 means any stationary tank or combination of stationary tanks above ground, including connected pipes, which stores an accumulation of regulated substances as defined in §34A-2-98.
This term does not include:
(1)Any farm or residential tank used for storing motor fuels for noncommercial purposes;
(2)Any tank used for storing heating oil or motor fuels for consumptive use on the premises where stored;
(3)Any septic tank;
(4)Any pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, as amended to January 1, 2011;
(5)Any surface impoundment, pit, pond, or lagoon;
(6)Any storm water or wastewater collection system;
(7)Any flow-through process tank;
(8)Any liquid trap or associated gathering lines directly related to oil and gas production and gathering operations;
(9)Any storage tank situated in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor;
(10)Any pipes connected to any tank which is exempted in this subdivision; and
(11)Any tanks used for storing pesticides regulated under chapter 38-21, except those regulated pursuant to Subtitle I of the Federal Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), as amended to January 1, 2011.
Source:
SL 1987, ch 258, §1; SL 2011, ch 165, §62.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-101 - Promulgation of rules to safeguard public health and prevent water pollution--Violation.

34A-2-101. Promulgation of rules to safeguard public health and prevent water pollution--Violation.
The board shall promulgate rules pursuant to chapter 1-26 to develop procedures necessary to safeguard the public health and welfare and prevent pollution of the waters of the state from the leakage, spillage, release, or discharge of regulated substances from above ground stationary storage tanks. These rules shall be exercised in substantial conformity with the current codes and standards recommended by the National Fire Protection Association for the storage of flammable and combustible liquids as contained in NFPA30 in effect on January 1, 2011. The rules shall provide the following:
(1)Requirements for maintaining a leak detection system, an inventory system, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;
(2)Requirements for maintaining records of any monitoring or leak detection system or inventory control system;
(3)Requirements for the reporting of any releases and corrective action taken in response to a release from any above ground stationary storage tank;
(4)Requirements for taking corrective action in response to a release from any above ground stationary storage tank;
(5)Requirements for the closure of tanks to prevent future releases of regulated substances to the environment;
(6)Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating any above ground stationary storage tank;
(7)Standards of performance, including design, construction, installation, and compatibility standards for new above ground stationary storage tanks;
(8)Requirements for notifying the department or local designated agency of the existence of any operational or nonoperational above ground stationary storage tank; and
(9)Requirements for providing tank information required on the form provided by the department.
A violation of these rules is subject to §34A-2-75.
Source:
SL 1987, ch 258, §2; SL 1992, ch 158, §32; SL 2011, ch 165, §63.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-102 - Installation of above ground stationary storage tank for storage of regulated substances prohibited--Exceptions--Violation.

34A-2-102. Installation of above ground stationary storage tank for storage of regulated substances prohibited--Exceptions--Violation.
No person may install any above ground stationary storage tank for the purpose of storing regulated substances unless the tank will prevent releases due to corrosion or structural failure for the operational life of the tank, is designed in a manner to prevent the release or threatened release of any stored substance, and the material used in the construction or lining of the tank is compatible with the substance to be stored. A violation of this section is subject to §34A-2-75.
Source:
SL 1987, ch 258, §3; SL 1992, ch 158, §33.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-104 - Legislative findings--Declaration of public policy.

34A-2-104. Legislative findings--Declaration of public policy.
The Legislature finds that groundwater is a resource of immeasurable value to public health and welfare, critical for the provision of water supply needs for domestic, agricultural, industrial, mining, recreational and other beneficial uses of water, and that pollution of groundwater of this state from both point and nonpoint sources constitutes a menace to public health, welfare and the environment, and that there has been an increasing awareness on the part of the public, local governments and the state that groundwater must be protected, that once groundwater is polluted, it is extremely difficult and expensive to clean up, that both strong enforcement and public education are important and necessary components of the state strategy for minimizing and reducing potential pollution sources, and that effective preventive measures and swift response to releases of pollutants minimize groundwater pollution. It is hereby declared to be the public policy of this state to conserve the groundwaters of the state and to protect, maintain and improve the quality thereof for present and future beneficial uses through the prevention of pollution, correction of groundwater pollution problems and close control of limited degradation perimeters permitted for necessary economic or social development.
Source:
SL 1989, ch 306, §40.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-105 - Conditions requiring submission of preventative action plan--Contents--Violation.

34A-2-105. Conditions requiring submission of preventative action plan--Contents--Violation.
Whenever the board has established groundwater discharge limitations pursuant to §34A-2-24, 34A-2-27, or 34A-2-36, and monitoring data indicate that the ambient groundwater quality has been degraded up to one-half of any permitted increase in pollutant concentration above the ambient concentration, the operator shall submit to the board a preventative action plan which includes an analysis of the discharge in relation to the increasing pollutant concentrations and any preventative actions to be taken to ensure that groundwater limitations will not be violated. A violation of this section is subject to §34A-2-75.
Source:
SL 1989, ch 306, §40A; SL 1992, ch 158, §33A.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-106 - Development and administration of certain ongoing programs--Review and revision by secretary.

34A-2-106. Development and administration of certain ongoing programs--Review and revision by secretary.
The secretary shall develop and administer ongoing programs relating to comprehensive evaluation and management of groundwater quantity and quality to further the goals of §§34A-2-1, 34A-2-103, and 34A-2-104. The programs shall include the identification of the general location, quantity, and quality of the state's groundwater. The secretary shall periodically review and revise as necessary the groundwater protection strategy to reflect additional knowledge concerning the extent, if any, of groundwater contamination resulting from fertilizers, pesticides, petroleum products and other pollutants, nonpoint sources of groundwater pollution, any practices or sources which may contribute to contamination of groundwater from both point and nonpoint sources, measures to minimize degradation of groundwater quality by pollutants, vulnerability of specific groundwater supplies to pollution, various analytical methods for analyzing petroleum products and other pollutants, nitrate and other pollutant fate and transport mechanisms, and best available and practicable remedial and disposal methods. The secretary shall incorporate this information in public education and technology transfer activities as appropriate.
Source:
SL 1989, ch 306, §41.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-107 - Standards used in prioritizing groundwater prevention efforts--Other factors for consideration.

34A-2-107. Standards used in prioritizing groundwater prevention efforts--Other factors for consideration.
The secretary shall use the groundwater quality standards promulgated pursuant to §§34A-2-10 and 34A-2-11 in prioritizing the groundwater prevention and protection efforts for the state. Other factors that may be considered by the secretary include, but are not limited to, beneficial uses of water, the extent to which a groundwater source supplies or might feasibly supply public water systems or wellhead protection areas established pursuant to §34A-3A-17, the degree of hazard to public health and welfare, the dependence of local citizens upon groundwater supplies, and the vulnerability of groundwater supplies to contamination.
Source:
SL 1989, ch 306, §45.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-109 - Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution.

34A-2-109. Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution.
In conjunction with state universities and other interested parties, the secretary shall annually review new studies and data that relate to the relationships between fertilizer and pesticide use practices and the quality of waters of the state. From this review, the state shall formulate and revise as necessary state management plans for the use of fertilizers and pesticides that are based on protecting water quality and preventing groundwater pollution. These management plans will be based on use practices within the state as a whole or in specific areas within the state depending on hydrogeological differences, and shall be used by the state in regulating fertilizers and pesticides pursuant to chapters 38-19, 38-20A, and 38-21 in developing future contingency plans, and in performing public education.
Source:
SL 1989, ch 306, §49; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-111 - Complaint required to be signed.

34A-2-111. Complaint required to be signed.
No inspection or other action pursuant to §34A-2-40, 34A-2-44, or 34A-2-45 that is based on, or is the result of, a complaint or the provision of information by a member of the general public may be carried out unless the person making the complaint or providing the information signs a complaint. The complaint shall remain confidential with the board and the secretary.
Source:
SL 1991, ch 290.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-112 - General permit for category of water pollution control--Secretary issued--Terms and conditions--Suspension, revocation or modification--Violation.

34A-2-112. General permit for category of water pollution control--Secretary issued--Terms and conditions--Suspension, revocation or modification--Violation.
After public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the secretary may issue a general permit for a category of water pollution control. A general permit issued by the secretary may be subject to such terms and conditions for installation, establishment, modification, operation, or abandonment of a category of water pollution control as the secretary finds reasonably necessary to adequately protect the public health, safety, welfare, and the environment of this state. Water pollution control activities conducted in conformity with a general permit do not require a permit issued under §34A-2-36.
A general permit shall remain in effect for a period of five years, or for a period of ten years for a concentrated animal feeding operation that is not required to have a permit under 40 C.F.R. § 122.23(d)(1), as of January 1, 2021, from the date of issuance or until suspended, revoked, or modified by the secretary. A general permit may be modified after public notice and opportunity for public hearing. A general permit may be suspended or revoked after publication of notice and order of suspension and revocation in at least three newspapers of general circulation in this state. If an affected facility or interested party wishes to contest the order, a request for hearing shall be filed with the department within twenty days. A hearing on the matter shall be held as soon thereafter as practicable. Notice of hearing shall be published in at least three newspapers of general circulation in this state. Any facility operating under a general permit pursuant to this section, upon the filing of a complaint to the secretary, and upon action by the secretary in accordance with the contested case provisions of chapter 1-26, may be removed from the jurisdiction of the general permit and required to obtain an individual permit. Any violation of a condition of a general permit issued pursuant to this section is subject to §34A-2-75.
Source:
SL 1991, ch 288, §3; SL 1992, ch 254, §97; SL 1993, ch 257, §12; SL 1999, ch 180, §1; SL 2021, ch 161, § 2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-113 - Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation.

34A-2-113. Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation.
The board, by rules adopted in compliance with chapter 1-26, shall provide for the issuance, suspension, revocation and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing upon protest by the applicant or any 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.
Source:
SL 1991, ch 288, §10; SL 1993, ch 257, §11.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 02 - Water Pollution Control › Section 34A-2-114 - Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee.

34A-2-114. Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee.
In order to enhance economic development, provide improved coordination between governmental agencies, and safeguard the public health, safety, welfare, and the environment of this state through a customer service approach, the department is delegated authority to administer the national pollutant discharge elimination system permit program for all direct and indirect pretreatment surface water discharge systems as provided in section 402 of the Federal Water Pollution Control Act as amended to January 1, 2011. A reasonable fee upon these systems shall be imposed, as provided in §§34A-2-117 to 34A-2-120, inclusive, in order to defray the department's costs of administering this program.
Source:
SL 1992, ch 254, §51; SL 2011, ch 165, §64.