Title 34A — ENVIRONMENTAL PROTECTION

Source: SL 1970, ch 203 , §§ 13, 15; SDCL Supp, § 34-16A-21; SL 1973, ch 222 , § 5; SL 1977, ch 190 , § 30; SL 1995, ch 203 , § 1.; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 52, eff. Apr. 19, 2021.

It is hereby declared to be the public policy of the state to achieve and maintain reasonable levels of air quality which will protect human health and safety, prevent injury to plant and animal life and property, foster the comfort and convenience of its inhabitants, promote the…

The department may: (1) Advise, consult, and cooperate with agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups; (2) Encourage local units of government to handle …

The Board of Minerals and Environment, by rules promulgated pursuant to chapter 1-26 , may classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution, and may require reporting for any such class or classes.…

The department or board may require the owner or operator of any air contaminant source to establish and maintain such records; make such reports; install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods, at such locat…

The board may require access to records relating to emissions which cause or contribute to air pollution. Source: SL 1970, ch 203 , § 5 (4); SDCL Supp, § 34-16A-20; SL 1977, ch 280 , § 8; SL 2011, ch 165 , § 10.

Any records, reports, or information obtained by the department or board from owners or operators of an air contaminant source or sources shall be available to the public, except that upon a showing satisfactory to the board by the owners or operators of an air contaminant source…

The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 to establish ambient air quality standards for the state as a whole or for any part of the state. Any person who violates these standards is subject to §

The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 that specify the kind or composition of fuels permitted to be sold, stored or used within the state if it is deemed by the board to be necessary for the achievement of ambient air quality standard…

Nothing in this chapter shall be construed to grant to the department or board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops. Source: SL 1970, ch 203 , § 17; SDCL Supp, § 34-16A-23.

The Board of Minerals and Environment, for the purpose of controlling pollution, shall by rules promulgated pursuant to chapter 1-26 establish emission control requirements and reasonable requirements for open burning. The requirements may vary from area to area, as may be approp…

If the board finds that there are methods, machines, devices, or construction features which are reasonably feasible that will prevent or significantly reduce the emission of air resulting in pollution and that the public interest will be served by preventing or reducing the emis…

Terms used in this chapter mean: (1) "Air contaminant," dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, radioactive materials as defined in chapter 34-21 , or any combination thereof; (2) "Air pollution," the presence in the outdoor atmosphere …

The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 to control emissions from motor vehicles by the proper maintenance of all emission control equipment with which the vehicle was equipped at the time of original purchase. Any violation of these ru…

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 affect…

The department may enjoin the construction, modification, or operation of any stationary source of air pollution at any location where the emissions from such sources will prevent the attainment and maintenance of compliance with rules and regulations adopted by the board. Source…

Nothing in § 34A-1-19 or 34A-1-21 authorizes the board to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices, or equipment otherwise availa…

Each municipality and each county may, with the approval of the Board of Minerals and Environment, establish and thereafter administer within its jurisdiction an air pollution control program which provides by ordinance or local law for requirements as strict or more strict and m…

Any municipality or county may administer all or part of its air pollution control program in cooperation with one or more municipalities or counties of this state or of other states provided that the requirements of other statutes relating to cooperative agreements are met. Sour…

If the board finds that the control of a particular class of air contaminant source is beyond the reasonable capability of the local or county air pollution control authorities, the department may assume and retain jurisdiction over that class of air contaminant source. Source: S…

The board, by rules promulgated pursuant to chapter 1-26 , shall provide for the issuance, suspension, revocation, and renewal of any permits which it may reasonably require pursuant to this section. Procedures shall provide for a recommendation on such a permit matter by the sec…

The secretary may secure necessary scientific, technical, administrative, and operational services, including laboratory facilities by contract or otherwise. Source: SL 1970, ch 203 , § 5 (5); SDCL Supp, § 34-16A-8; SL 1977, ch 280 , § 2; SL 2011, ch 165 , § 6.

The board may upon its own initiative cause to be investigated the alleged pollution of the air or any other violation of this chapter including the violation of any regulations issued pursuant to this chapter, or such investigation shall be made upon the verified petition of the…

Any duly authorized officer, employee, or representative of the department may enter and inspect that part of any property, premise, or place in which the officer, employee, or representative has reasonable grounds to believe is the source of air pollution at any reasonable time …

If requested, the owner or operator of the premises inspected pursuant to § 34A-1-41 shall receive a report setting forth all the facts found which relate to compliance status. Source: SL 1970, ch 203 , § 8; SDCL Supp, § 34-16A-47.

In addition to any other powers conferred on it by law the board may hold hearings relating to any aspect of or matter in the administration of this chapter, and in connection with the hearings, exercise the powers granted by chapter 1-26 . Source: SL 1970, ch 203 , § 5 (2); SDCL…

In addition to any other powers conferred on it by law the board may issue orders necessary to effectuate the purposes of this chapter and enforce the provisions of this chapter by all appropriate administrative and judicial proceedings. Source: SL 1970, ch 203 , § 5 (3); SDCL Su…

If the secretary finds that any person is causing or contributing to air pollution and that such pollution creates an emergency by causing imminent danger to human health or safety and requires immediate action to protect human health or safety, the secretary shall order the pers…

Upon the request for a hearing by any person or persons named in an order served pursuant to § 34A-1-45 , the secretary shall proceed under chapter 1-26 . Following the completion of such proceedings, the board shall affirm, modify or set aside the order of the secretary. Source:…

If the secretary has reason to believe that a violation of any provision of this chapter or rule promulgated pursuant to this chapter has occurred, the secretary may cause written notice to be served upon the alleged violator. The notice shall specify the provision of this chapte…

Any order issued pursuant to § 34A-1-47 becomes final unless, no later than twenty days after the date the notice and order are served, the person named in the order requests in writing a hearing before the board. Upon such request, the board shall proceed in compliance with chap…

In lieu of an order, the board chair may schedule a contested case under chapter 1-26 before the board. Nothing in this chapter prevents the department from notifying an alleged violator of violations and negotiating a consent agreement instead of initiating proceedings under §

The administration of this chapter is the responsibility of the secretary except that the Board of Minerals and Environment shall perform any quasi-judicial, quasi-legislative, advisory, and special budgetary functions set out in this chapter. The board, with the concurrence of t…

If, after proceedings held pursuant to § 34A-1-48 or 34A-1-49 , the board finds that a violation or violations have occurred, it shall affirm or modify any order previously issued under § 34A-1-47 by the board chairman, or issue an appropriate order or orders for the prevention, …

Any order issued as part of a notice or after proceedings under chapter 1-26 shall prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the emissions of air pollution.…

Action pursuant to § 34A-1-39 or the second paragraph of § 34A-1-14 is not a bar to enforcement of this chapter or rules in force pursuant to this chapter, and orders made pursuant to this chapter by injunction or other appropriate remedy. Source: SL 1970, ch 203 , § 15; SDCL Sup…

Nothing in this chapter prevents the department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means. Source: SL 1970, ch 203 , § 10; SDCL Supp, § 34-16A-61; SL 2011, ch 165 , § 30.

Nothing in this chapter abridges, limits, or otherwise impairs the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceedings for damages or other relief. Source: SL 1970, ch 203 , § 15; S…

Upon the recommendation of the secretary and after public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue general permits for catego…

In order to enhance economic development, provide increased customer service, protect the public health, safety, welfare, and the environment of this state, the state shall retain state administration of the air pollution control program as provided under Title V of the Federal C…

Concurrent with the submittal of a permit application pursuant to this chapter and annually for the duration of the permit, the applicant shall submit to the department a fee not to exceed twenty-five dollars per ton of each regulated pollutant as determined by the provisions of …

Ethanol production plants are exempt from the fees established in § 34A-1-58 and, in lieu thereof, are subject to the fees established by this section. Concurrent with the submittal of a permit application pursuant to this chapter, the applicant for an air quality permit for an e…

There is hereby established in the environmental fee fund created in § 1-41-23 , the air quality subfund. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to §

The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 : (1) To establish ambient air quality standards; (2) To specify kind and composition of fuel sold, stored, or used; (3) To establish requirements for open burning; (4) To require records and main…

The obligation to pay the annual fee imposed by § 34A-1-58 is upon the owner or operator of a regulated air contaminant source and shall accrue on July first for all facilities. The fee is due and payable by July thirty-first and shall be remitted to the Department of Agriculture…

Any permit issued pursuant to this chapter may be revoked, modified, or suspended, in whole or in part, during its term for cause, including the following: (1) Violation of any condition of the permit; (2) Obtaining a permit by misrepresentation or failure to disclose fully all r…

In addition to any other civil or criminal penalty imposed by this chapter, any person who knowingly violates any applicable requirement, any permit condition, or any fee or filing requirement of this chapter, or who knowingly makes any false material statement, representation, o…

Terms used in § 34A-1-64 mean: (1) "Board," the Board of Minerals and Environment; (2) "Clean air act settlement fund," South Dakota's share of the mitigation fund as a designated state beneficiary; (3) "Department," the Department of Agriculture and Natural Resources; (4) "Mitig…

Any funds received by the state from the mitigation fund shall be deposited into the clean air act settlement fund that is hereby created. The funds shall be administered by the secretary for the purpose of facilitating the improvement and protection of the ambient air quality th…

The department may: (1) Encourage and conduct studies, investigations and research relating to air pollution and its causes, effects, prevention, abatement, and control; (2) Determine by means of field studies and sampling the degree of air pollution in the state; (3) Make a cont…