Title 34A — ENVIRONMENTAL PROTECTION
22 chapters · 699 sections in this title.
SDCL § 34A-10-1 Parties entitled to maintain actions against pollution
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The attorney general, any political subdivision of the state, any instrumentality, or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity may maintain an actio…
SDCL § 34A-10-10 Affirmative defense of no reasonable alternative--Burden of proof and weight of evidence
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The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that such conduct is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for t…
SDCL § 34A-10-11 Equitable relief against detrimental conduct--Conditions imposed on defendant
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The court may grant temporary and permanent equitable relief, or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust therein from pollution, impairment, or destruction. Source: SL 1973, ch 144 , § 5 (…
SDCL § 34A-10-12 Apportionment of costs
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Costs may be apportioned to the parties if the interests of justice require. Source: SL 1973, ch 144 , § 4 (3); SDCL Supp, § 21-10A-12.
SDCL § 34A-10-13 Collateral estoppel--Res judicata
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The doctrines of collateral estoppel and res judicata shall be applied by the court to prevent multiplicity of suits. Source: SL 1973, ch 144 , § 6 (3); SDCL Supp, § 21-10A-13.
SDCL § 34A-10-14 Chapter supplementary to other procedures
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This chapter shall be supplementary to existing administrative and regulatory procedures. Source: SL 1973, ch 144 , § 7; SDCL Supp, § 21-10A-14.
SDCL § 34A-10-15 Citation of chapter
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This chapter shall be known and may be cited as the "South Dakota Environmental Protection Act of 1973." Source: SL 1973, ch 144 , § 1; SDCL Supp, § 21-10A-15.
SDCL § 34A-10-16 Enforcement action by department
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The department need not exhaust its administrative remedies, if any exist, before commencing any action to enforce the provisions of Title 34A, 45, or 46. Source: SL 1991, ch 288 , § 17.
SDCL § 34A-10-2 Parties entitled to intervene in proceedings involving pollution
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If administrative, licensing, or other proceedings, and judicial review thereof are available by law, the agency may permit the attorney general, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, …
SDCL § 34A-10-2.1 Activity which could result in pollution, contamination, or degradation--Financial assurance concerning corrective action--Form and amount
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Any person making application to the Water Management Board or the Board of Minerals and Environment for a permit, a license, or an extension, amendment, or renewal of an existing permit or license, which authorizes activity that could result in a significant risk of pollution, c…
SDCL § 34A-10-2.2 Right and title in bond or security--Form and amount
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All right and title in any bond or other security required by the Water Management Board or the Board of Minerals and Environment under any provision of this title, Title 45, or Title 46 for the protection of the environment or reclamation of lands or other resources shall be in …
SDCL § 34A-10-2.3 Cleanup and remediation of environmental problems--Use of security
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The state, with any board or court approval necessary, as provided in the permit or security instrument required under § 34A-10-2.1 or 34A-10-2.2 , may use the security as necessary for the cleanup and remediation of environmental problems related to the activity for which the se…
SDCL § 34A-10-2.4 Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license
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The Water Management Board and the Board of Minerals and Environment shall establish, by rules promulgated pursuant to chapter 1-26 : (1) Criteria to determine the amount of security required and other terms as necessary to define the respective obligation of the parties; (2) The…
SDCL § 34A-10-2.5 Failure to comply with order--Injunctive relief
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The secretary of the Department of Agriculture and Natural Resources may bring an action without furnishing of bond, for an injunction against any person who fails to comply with an order issued by the secretary or any official under the secretary's supervision having authority t…
SDCL § 34A-10-2.6 Cleanup and remediation of environmental problems--Use of oil and gas well security
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If necessary cleanup and remediation of environmental problems related to the site-specific activity for which security was provided in accordance with § 45-9-15 is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursua…
SDCL § 34A-10-3 Security required of plaintiff
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If the court has reasonable ground to doubt the solvency of the plaintiff or the plaintiff's ability to pay any cost or judgment which might be rendered against the plaintiff in an action brought under this chapter, the court may order the plaintiff to post a surety bond or cash …
SDCL § 34A-10-4 Appointment of master or referee--Qualifications
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The court may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a record and a report of his or her findings to the court in the action. Source: SL 1973, ch 144 , § 4 (2); SDCL Supp, § 21-10A-4; SL 2011, ch 165 …
SDCL § 34A-10-5 Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction
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If, in an action pursuant to § 34A-10-1 , administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings. The proceedings shall be conducted in accordance with a…
SDCL § 34A-10-6 Judicial review by court originally taking jurisdiction
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If judicial review of any administrative, licensing, or other proceeding is available, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review. Source: SL 1973, ch 144 , § 5 (4); SDCL Supp, § 21-10A-6; SL 2011, ch 165 , § 143.
SDCL § 34A-10-7 Adjudication by court after administrative proceedings--Additional evidence
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Upon completion of proceedings under § 34A-10-5 , the court shall adjudicate the impact of the defendant's conduct on the air, water, or other natural resources and on the public trust therein in accordance with this chapter. In such adjudication the court may order that addition…
SDCL § 34A-10-8 Detrimental conduct prohibited when reasonable alternative available
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In any administrative, licensing, or other proceedings, as described in § 34A-10-2 , and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determ…
SDCL § 34A-10-9 Defendant rebutting evidence of pollution
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When the plaintiff in the action has made a prima facie showing that the conduct of the defendant is polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein, the defendant may rebut the prima facie showing by the submission of ev…