Title 34A, ENVIRONMENTAL PROTECTION

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.

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 § 34A-2B-1 . Money from the following sources shall be deposited into the env…

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…

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…

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…

All water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, serving a demand equal to five hundred or more persons and all water treatment plants using surface water or groundwater under the direct influence of surface water, in …

All water treatment plants and water distribution systems required by section 1419 of the federal Safe Drinking Water Act, as amended to January 1, 2000, shall be under the supervision of an operator whose competency is certified by the secretary in a grade corresponding to the c…

There is hereby created a Board of Certification to advise and assist the secretary of agriculture and natural resources in the administration of the program of certification. The board shall consist of six members appointed by the secretary of the Department of Agriculture and N…

The appointed members' terms of office on the board shall be three years and until their successors are selected and qualified. Source: SL 1970, ch 217 , § 6; SDCL Supp, § 36-22A-6.

If a vacancy occurs in the appointed membership of the board, the secretary may appoint a member for the remaining portion of the unexpired term created by the vacancy. The membership of any board member who leaves his or her field of employment or who moves from the State of Sou…

Each year the board shall select from its membership a chairman and such other officers as may be needed to conduct business. The secretary shall designate a member of the department staff as secretary of the board without power to vote. Source: SL 1970, ch 217 , § 7; SDCL Supp, …

It is hereby declared to be the public policy of the state to achieve and maintain safe drinking water for the public which will protect human health and safety and prevent the creation of public nuisances. To these ends it is the purpose of this chapter to ensure that public wat…

If a variance or exemption is granted or if a compliance schedule contained in a variance or exemption is violated, public notification as required by § 34A-3A-3 shall be given by the supplier of water. Source: SL 1983, ch 260 , § 12; SL 1988, ch 285 , § 42.

Notice to the public required by this chapter may be given by the secretary on behalf of the supplier of water if the supplier of water fails to comply with the public notification requirements of this chapter. Source: SL 1983, ch 260 , § 13.

This chapter applies to each public water system unless the system consists only of distribution and storage facilities; obtains all of its water from, but is not owned or operated by a public water system to which this chapter applies; does not sell water to any person; and is n…

The secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court. Source: SL 1983, ch 260 , § 15; SL 1992, ch 158 , § 38.

The director of laboratories shall establish and carry out a program for approval and certification of laboratory facilities and personnel which conduct analytical measurements required by any rules promulgated pursuant to this chapter. Source: SL 1983, ch 260 , § 16.

The department shall develop procedures necessary to safeguard public health and welfare and prevent pollution of public water supply systems. The department shall develop a voluntary wellhead protection program which will specify the following: (1) Guidelines for a wellhead prot…