Title 34A — ENVIRONMENTAL PROTECTION

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 …

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 …

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.

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 v…

34A-2-77 False representation or tampering with monitoring device prohibited--Violation. 34A-2-78 Alternative remedies not barred by invoking penalties. 34A-2-79 Remedies under chapter alternative to remedies under other law. 34A-2-80 34A-2-80 to 34A-2-81. Repealed by SL 2013, ch…

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 …

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.

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 civ…

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. 34A-2-83 to 34A-2-85. Repealed by SL 1986, ch 291 , §§ 7 to 9. 34A-2-86, 34A-2-87. Repealed…

34A-2-10 Classification of waters. 34A-2-11 Water quality standards--Factors considered--Objectives--Violation. 34A-2-11.1 Presumption favoring existing quality standards. 34A-2-12 Regulation of public water supplies--Violation. 34A-2-12.1

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 includ…

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 t…

34A-2-96 Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation. 34A-2-97 Petroleum substances discharged into state waters--Notice to secretary required--Restriction on use of information in criminal proceeding--Violation. 34A-…

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 and incurred by the state as a result of a discharge of the petroleum substances into state waters. Any …

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 inv…

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…

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 th…