Title 34A, ENVIRONMENTAL PROTECTION

Before issuing any permit pursuant to § 34A-2-36 , the secretary shall provide an opportunity for public hearing, with notice of the opportunity for hearing, in accordance with applicable laws, rules, and regulations. If the recommendation of the department pursuant to § 34A-2-24…

No person may discharge any waste, pollutant, or combination of pollutants, into surface waters from a point source without a permit consistent with rules promulgated by the board pursuant to chapter 1-26 and this chapter. A violation of this section is subject to § 34A-2-75 . Th…

The secretary may, after notice and opportunity for public hearing, issue a permit for the discharge of any waste, pollutant, or combination of pollutants into underground waters, for a period not to exceed five years, upon condition that such discharge meets or will meet all app…

Each concentrated animal feeding operation, as defined by 40 C.F.R. § 122.23 (January 1, 2023), shall operate under a general or individual water pollution control permit, issued pursuant to § 34A-2-36 . Source: SL 2007, ch 203 , § 1; SL 2023, ch 131 , § 1.

If an operation processes or stores manure, or processes or stores process wastewater, as those terms are defined in 40 C.F.R. § 122.23 (January 1, 2023), without coverage under a concentrated animal feeding operation's general or individual water pollution control permit issued …

The secretary shall require as permit conditions under § 34A-2-36 the achievement of: (1) Effluent limitations based upon the application of such levels of treatment, technology, and processes as are required under the Federal Water Pollution Control Act, as amended to January 1,…

The secretary shall clearly specify in any permit any limitations imposed as to the volume, strength, and other significant characteristics of the waste to be discharged consistent with provisions of §§ 34A-2-35 to 34A-2-43 , inclusive. The secretary shall specify in the permit a…

The secretary may set and revise schedules of compliance and include such schedules within the terms and conditions of permits for discharge of wastes. Source: SL 1973, ch 280 , § 9 (3) (a); SDCL Supp, § 46-25-55; SL 1988, ch 285 , § 8.

The secretary may issue an extension to a point source or nonpoint source discharger, in which to meet state water quality standards or effluent standards if the extension is not in conflict with federal law, and if it is determined that: (1) The violation was the result of actio…

The secretary, in accordance with rules promulgated by the board pursuant to chapter 1-26 , may prescribe terms and conditions for permits issued under this chapter to ensure compliance with applicable state and federal effluent standards and water quality standards, including re…

The secretary, in accordance with rules promulgated by the board pursuant to chapter 1-26 , may impose as conditions in permits for the discharge of wastes from publicly owned treatment works appropriate measures to establish and ensure compliance by industrial users with pretrea…

The secretary may impose as conditions in permits for the discharge of wastes from publicly owned treatment works requirements for information to be provided by the permittee concerning new introductions of wastes or substantial changes in the volume or character of wastes being …

No permit may be issued authorizing any of the following discharges: (1) The discharge of any radiological, chemical, or biological warfare agent or high level radioactive waste; (2) Any discharge which the secretary of the army, acting through the chief of engineers, finds would…

The secretary may require the owner or operator of any point source, including an industrial user of a publicly owned treatment works, to: (1) Establish and maintain records; (2) Prepare and submit reports; (3) Install, use, and maintain monitoring equipment or methods, including…

The secretary shall, at reasonable times, have access to any point source, including an industrial user of a publicly owned treatment works, and copy any records, inspect any monitoring equipment or method required under § 34A-2-44 , to sample any effluents being discharged into …

The secretary may enter, upon presentation of proper credentials upon any premises in which a point source, including an industrial user of a publicly owned treatment works, is located, or in which any records required to be maintained pursuant to § 34A-2-44 are located. Source: …

The secretary shall issue orders to any person to clean up any material which the person or the person's employee, agent, or subcontractor had accidentally or purposely dumped, spilled, or otherwise deposited in or in such proximity to state waters that they may pollute state wat…

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…

If the secretary recommends denial of an application for a permit, or revokes, suspends, or modifies a permit, the secretary shall give written notice of the action to the applicant or holder, who may request a hearing before the secretary. The hearing shall be held within thirty…

Modification, revocation, or suspension of a permit shall be effective thirty days after issuance, unless a later date is specified. If the holder requests a hearing before the secretary, the order of modification, revocation, or suspension shall be effective twenty days after fi…

The procedures set forth in §§ 34A-2-53 to 34A-2-60 , inclusive, shall be followed in addition to the procedures outlined by chapter 1-26 . Source: SL 1973, ch 280 , § 11; SDCL Supp, § 46-25-68.

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.…

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…

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 requ…

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 s…

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…

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)…

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.

The secretary may establish and conduct a continuing planning process consistent with the requirements of the Federal Water Pollution Control Act, as amended to January 1, 2011, including the establishment and application of maximum daily loads of pollutants. Source: SL 1973, ch …

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 …

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 vio…

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.

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.

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.

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…

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.

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…

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 …

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…

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.