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 Repealed by SL 2013, ch…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 Repealed by SL 1986, ch 291 , §§ 7 to 9. 34A-2-86, 34A-2-87.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…

Terms used in this chapter mean: (1) "Antipollution devices," any mechanical equipment used to reduce hazard to the environment in cases of malfunction or shutdown of chemigation equipment during chemigation and may include, but is not limited to, interlock, waterline check valve…

Any person who uses an irrigation system for chemigation who fails to comply with the standards and requirements established pursuant to § 34A-2A-3 is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation…

The Water Management Board, with the assistance of the chief engineer, shall establish, by rules promulgated pursuant to chapter 1-26 : (1) Chemigation equipment standards, performance standards, and installation requirements; and (2) Requirements regarding the use and location o…

The chief engineer may enter upon the land of a person as provided in § 46-2-19 for the purpose of determining whether such person is in compliance with the provisions of this chapter and any rules promulgated pursuant to this chapter. Source: SL 1988, ch 286 , § 4. 34A-2A-5. Rep…

Terms used in this section mean: (1) "Corrective action," any action taken to minimize, contain, eliminate, remediate, mitigate, and clean up a discharge from a livestock operation, including any necessary emergency remedial action; (2) "Corrective action cost," any cost incurred…

All corrective action costs expended pursuant to this section constitute a lien on the property where the discharge occurs when a notice of lien is filed with the register of deeds in the county in which the property is located. The notice of lien shall contain a description of t…

Nothing in this section precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department or any other person. Administrative remedies need not be exhausted in order to proceed under this section. The remedies provided by this section ar…

There is hereby established in the state treasury an operating fund to be known as the environmental livestock cleanup fund for the purpose of providing funds for the cleanup of discharges as defined in §

If necessary in the performance of duties under the environmental statutes in Title 34A, the secretary may expend money from the environmental livestock cleanup fund to provide for the costs of investigations, emergency remedial efforts, corrective actions, and managerial or admi…

The department shall perform all administrative functions relative to the environmental livestock cleanup fund and corrective actions funded by it. Disbursements from the environmental livestock cleanup fund shall be on warrants drawn by the state auditor pursuant to vouchers app…

The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the environmental livestock cleanup fund. The secretary may seek recovery of other funds expended by the department as a result of …

The discharge of manure and other materials or wastes associated with livestock operations is prohibited unless pursuant to and in compliance with the conditions of permits issued in accordance with environmental statutes in Title 34A. Source: SL 1998, ch 216 , § 9.

If a discharge in violation of § 34A-2B-6 has occurred, or the department has reason to believe that a discharge in violation of § 34A-2B-6 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. …

The department may file an action in circuit court for preliminary and permanent injunctive relief if the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge. Source: SL 1998, ch 216 , § 11.

Any person who has caused a discharge in violation of § 34A-2B-6 is strictly liable for the corrective action costs expended by the department. Source: SL 1998, ch 216 , § 12.

Terms used in this chapter, unless the context otherwise requires, mean: (1) "Board," the Board of Certification. (2) "Certificate," a certificate of competency issued by the Department of Agriculture and Natural Resources stating that the operator has met the requirements for th…

34A-3-11 Duties of secretary. 34A-3-12 Functions performed by Department of Agriculture and Natural Resources and Board of Water Management. 34A-3-13 Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor. 34A-3-14 Application for certification-…

The secretary shall: (1) Hold at least one examination each year at the designated time and place for the purpose of examining candidates for certification; (2) Advertise and promote the program of certification of water and wastewater works operators; (3) Encourage other operato…

The Department of Agriculture and Natural Resources shall perform all the functions of the former Department of Environment and Natural Resources, and the Public Health Advisory Committee, the former state health officer, and the Department of Health with respect to water hygiene…

It is a Class 2 misdemeanor for any person, firm, or corporation, municipal or private, operating a water supply system or wastewater system to operate the water treatment plant, wastewater treatment plant, water distribution and wastewater collection systems unless the competenc…

Application for certification shall be made in writing by the applicant at such time, in such form and accompanied by such proof of the applicant's fitness as an operator as the secretary may prescribe. Source: SL 1970, ch 217 , § 10; SDCL Supp, § 36-22A-13.

Each applicant shall be examined by the department. The examination shall consist of such questions and such phases of the practice as may be prescribed from time to time by the department. If the applicant satisfactorily passes the examination required, and demonstrates possessi…

All certifications shall expire on the first day of February of each year, at which time all certifications shall have been renewed. Source: SL 1970, ch 217 , § 10; SDCL Supp, § 36-22A-17; SL 2021, ch 162 , § 2.

The secretary may charge each applicant a fee not to exceed sixty dollars which shall accompany the application. The fees shall be deposited in the state treasury to be credited to the Board of Certification fund, which shall be used to pay expenses, and to administer the provisi…

The secretary shall classify all water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, and according to the skill, knowledge, and experience that the operator must have to supervise successfully the operation of such water trea…

Agreements for reciprocity with other states having an act requiring the certification of operators similar to this chapter, may be executed by the secretary under appropriate rules and regulations promulgated by the secretary in compliance with chapter 1-26 . Source: SL 1970, ch…

The secretary may suspend or revoke a certificate issued under this chapter on violation of any of the provisions of this chapter or any rules promulgated pursuant to this chapter. Source: SL 1970, ch 217 , § 13; SDCL Supp, § 36-22A-20; SL 2011, ch 165 , § 75.

No certificate may be suspended or revoked except in compliance with chapter 1-26 . Source: SL 1970, ch 217 , § 13; SDCL Supp, § 36-22A-21; revised pursuant to SL 1972, ch 15 , § 4; SL 2011, ch 165 , § 76.

If a certificate is suspended or revoked as provided in §§ 34A-3-21 and 34A-3-22 , a new application for certification may be considered by the secretary if, when and after the conditions upon which suspension or revocation was based has been corrected and evidence of this fact h…

The secretary, with the advice of the Board of Certification and in accordance with chapter 1-26 , shall promulgate rules to establish the basis for classification of water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, to est…

34A-3-26 Civil fine for supervision of water treatment plant by uncertified operator.

Any system or operator who violates the provisions of § 34A-3-4 is subject to a civil penalty not to exceed one thousand dollars per day of violation. Source: SL 1992, ch 254 , § 91; SL 1993, ch 34 , § 5.

The secretary shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems after considering the recommendations of the Board of Certifica…