Title 34A — ENVIRONMENTAL PROTECTION
22 chapters · 699 sections in this title.
SDCL § 34A-11-1 Public policy
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It is the public policy of this state to regulate the control and generation, transportation, treatment, storage, and disposal of hazardous wastes to protect the public health, safety, and welfare, protect the environment, prevent pollution of air, water, soil, and other natural …
SDCL § 34A-11-1.1 SDCL 34A-11-1.1
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Repealed by SL 2012, ch 215 , § 32.
SDCL § 34A-11-10 Notification of hazardous waste activity required--Civil penalty for violation
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Any person generating, transporting, treating, storing, or disposing of a hazardous waste shall file with the secretary of agriculture and natural resources a notification of hazardous waste activities. The notification shall be in accordance with rules promulgated pursuant to ch…
SDCL § 34A-11-11 Complaint alleging violation--Investigation--Report--Enforcement action
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Any person may file a complaint with the secretary of agriculture and natural resources regarding a violation of this chapter. The secretary may conduct an investigation of the alleged violation and make a written report of the investigation to the person. If the secretary determ…
SDCL § 34A-11-12 Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation
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No hazardous waste treatment, storage, or disposal management facility may be owned, constructed, modified, or operated except in accordance with a permit issued by the Board of Minerals and Environment. A violation of this section is subject to a civil penalty not to exceed ten …
SDCL § 34A-11-12.1 Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees
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The department shall assess an initial application fee of fifty thousand dollars for the processing of all hazardous waste disposal facility applications. The department shall assess a fee of twenty - five thousand dollars for the processing of all hazardous waste disposal facili…
SDCL § 34A-11-13 Application for permits--Rules--Hearings
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The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , governing the application for permits to own, construct, modify, or operate a hazardous waste treatment, storage, or disposal facility. The rules may require the submission of plans, specificat…
SDCL § 34A-11-14 Terms and conditions of permits--Civil penalty for violation
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Any permit issued pursuant to this chapter may prescribe terms and conditions for record keeping, reporting, monitoring, sampling, inspections, compliance schedules, and such other terms and conditions as may be necessary to ensure compliance with this chapter and rules adopted p…
SDCL § 34A-11-15 Revocation, modification, or suspension of permit--Grounds
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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 misrepresenting or failing to disclose fully all rel…
SDCL § 34A-11-16 Inspection of facilities and records--Monitoring equipment--Reports
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The secretary of agriculture and natural resources may: (1) Enter and have access at reasonable times to any facility used for generation, transportation, treatment, storage, or disposal of hazardous waste and monitoring equipment related thereto; (2) Inspect and obtain samples f…
SDCL § 34A-11-16.1 Annual fee for inspection and monitoring
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The department shall assess an annual fee of twenty - five thousand dollars for the inspection, investigation, and monitoring of each hazardous waste disposal facility disposing of more than five hundred tons of hazardous waste per annum. The fee shall be payable to the departmen…
SDCL § 34A-11-17 Notice and order for correction of violation
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If the secretary of agriculture and natural resources determines that a person is in violation of this chapter, or any rule promulgated pursuant to this chapter, the secretary may cause written notice and an order to be served personally or by mail upon the alleged violator or th…
SDCL § 34A-11-18 Hearing on violation--Time for request--Notice--Action by board
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The notice of violation and order is final thirty days after the order is served unless the person named submits a written request for hearing to the secretary of agriculture and natural resources before the thirtieth day. If a request is submitted by mail, it is considered to ha…
SDCL § 34A-11-19 Circuit court action against violator--Injunction
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In lieu of, or in addition to, issuance of a notice of violation and order, the secretary of agriculture and natural resources may bring an action in the circuit court of the county where the violation occurred, or is threatening to occur, for injunctive or other appropriate reli…
SDCL § 34A-11-2 Definitions
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Terms as used in this chapter mean: (1) "Board," the Board of Minerals and Environment; (2) "Department," the Department of Agriculture and Natural Resources; (3) "Disposal," the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or …
SDCL § 34A-11-21 Violations classified as felonies
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Any person who knowingly transports a hazardous waste to an unpermitted facility; who knowingly treats, stores, or disposes of hazardous waste without a permit or in violation of a permit term or condition; or who makes any false statement or representation in any application, la…
SDCL § 34A-11-22 Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor
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Any records, reports, or information obtained from any person under this chapter shall be available to the public. If the secretary of agriculture and natural resources determines that a record, report, or information reveals methods or processes entitled to protection as trade s…
SDCL § 34A-11-23 Other rights to abate nuisances and pollution unaffected
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Nothing in this chapter abridges or alters any rights of action or remedies in equity or under the common law or statutory law, criminal or civil. Nothing in this chapter may be construed as estopping any person in the exercise of the person's rights in equity or under the common…
SDCL § 34A-11-24 Hazardous waste revolving fund--Administration--Use of funds
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There is hereby established in the state treasury a special revolving fund to be designated as the hazardous waste revolving fund. This fund shall consist of all moneys from all lawful public and private sources including legislative appropriations, federal grants, gifts, fees re…
SDCL § 34A-11-25 Disposal fee levied by state--Records
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Because of the additional environmental risks attending hazardous waste disposal facilities, a hazardous waste disposal fee of fifty dollars per ton or part thereof of any hazardous waste is hereby levied and imposed upon the disposal of hazardous waste at any hazardous waste dis…
SDCL § 34A-11-26 County or municipal disposal fee--Distribution of fee shares
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In addition to the hazardous waste disposal fee assessed by the state under § 34A-11-25 , a county or municipality may impose and levy a hazardous waste disposal fee upon the disposal of hazardous waste at any hazardous waste disposal facility within, or operated under, its juris…
SDCL § 34A-11-3 Department designated as state agency under federal law
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The Department of Agriculture and Natural Resources is designated as the agency for all state purposes of the Federal Resource Conservation Recovery Act as amended to January 1, 2011, and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), as amended to January …
SDCL § 34A-11-4 Functions of department and board
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The Department of Agriculture and Natural Resources shall perform all the functions of the former public health advisory committee, the former state health officer, and the Department of Health with respect to the control of hazardous waste management pursuant to this chapter. Ho…
SDCL § 34A-11-5 Cooperation with other agencies and groups
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The Department of Agriculture and Natural Resources may advise, consult, and cooperate with other agencies of the state, other states, the federal government, and affected groups and industries in the formulation of plans for, and implementation of, hazardous waste management. So…
SDCL § 34A-11-6 Acceptance of loans and grants
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The Department of Agriculture and Natural Resources may accept and administer any loans and grants from the federal government or other sources which are made available to the Department for Hazardous Waste Management. Source: SL 1983, ch 262 , § 6; SL 2021, ch 1 (Ex. Ord. 21-3 )…
SDCL § 34A-11-7 Employment of personnel
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In accordance with the laws of the state, the Department of Agriculture and Natural Resources may employ, compensate, and prescribe the powers and duties of those persons necessary to execute the provisions of this chapter. Source: SL 1983, ch 262 , § 7; SL 2021, ch 1 (Ex. Ord. 2…
SDCL § 34A-11-8 Rules identifying characteristics and listing hazardous wastes
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The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , which identify the characteristics of hazardous wastes considering the toxicity, persistence, degradability in nature, potential for accumulation in tissue, flammability, corrosiveness, reactiv…
SDCL § 34A-11-9 Promulgation of rules governing hazardous wastes--Civil penalty for violation
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The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , governing the generation, transportation, treatment, storage, and disposal of hazardous wastes necessary to execute the provisions of this chapter. The rules may include ownership, location, de…