Title 34A, ENVIRONMENTAL PROTECTION

The state, under various statutes, has the established authority to provide for groundwater protection and pollution control. Under this chapter, the state has initiated a groundwater protection strategy that encompasses all waters below the surface of the land in a zone of satur…

The Legislature finds that groundwater is a resource of immeasurable value to public health and welfare, critical for the provision of water supply needs for domestic, agricultural, industrial, mining, recreational and other beneficial uses of water, and that pollution of groundw…

Whenever the board has established groundwater discharge limitations pursuant to § 34A-2-24 , 34A-2-27 , or 34A-2-36 , and monitoring data indicate that the ambient groundwater quality has been degraded up to one - half of any permitted increase in pollutant concentration above t…

The secretary shall develop and administer ongoing programs relating to comprehensive evaluation and management of groundwater quantity and quality to further the goals of §§ 34A-2-1 , 34A-2-103 , and 34A-2-104 . The programs shall include the identification of the general locati…

The secretary shall use the groundwater quality standards promulgated pursuant to §§ 34A-2-10 and 34A-2-11 in prioritizing the groundwater prevention and protection efforts for the state. Other factors that may be considered by the secretary include, but are not limited to, benef…

In conjunction with state universities and other interested parties, the secretary shall annually review new studies and data that relate to the relationships between fertilizer and pesticide use practices and the quality of waters of the state. From this review, the state shall …

The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish water quality standards and to classify water according to its beneficial uses. The board shall consider environmental, technical, social, and economic factors and present use, persons adverse…

For the purpose of §§ 34A-2-10 and 34A-2-11 , existing valid water quality standards shall be presumed to be in accordance with such sections and the presumption shall be rebuttable. Source: SL 1978, ch 260 , § 3.

No inspection or other action pursuant to § 34A-2-40 , 34A-2-44 , or 34A-2-45 that is based on, or is the result of, a complaint or the provision of information by a member of the general public may be carried out unless the person making the complaint or providing the informatio…

After public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the secretary may issue a general permit for a category of water pollution control. A gener…

The board, by rules adopted in compliance with chapter 1-26 , shall provide for the issuance, suspension, revocation and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a con…

In order to enhance economic development, provide improved coordination between governmental agencies, and safeguard the public health, safety, welfare, and the environment of this state through a customer service approach, the department is delegated authority to administer the …

For purposes of administering the provisions of this chapter, the term, sewage sludge, means any solid, semisolid, or liquid residue removed during the treatment of municipal waste water or domestic sewage. Sewage sludge includes solids removed during primary, secondary, or advan…

A pretreatment program shall be developed for any publicly owned treatment works or combination of publicly owned treatment works operated by the same authority as required by section 307 of the Federal Water Pollution Control Act as amended to January 1, 2011. The owner of any p…

There is hereby imposed an annual fee on each facility permitted under the national pollutant discharge elimination system program provisions of section 402 of the Federal Water Pollution Control Act, 33 U.S. C. 1342, as amended to January 1, 2018. The fee shall be assessed as pr…

For publicly-owned treatment works including municipalities, housing subdivisions, trailer parks, and sanitary districts owned by the state or a political subdivision of the state; privately-owned treatment works including housing subdivisions and trailer parks that treat primari…

For industrial and governmental treatment works with significant water quality loadings, the fee imposed in § 34A-2-117 is as follows: (1) Meat products processing as defined by 40 CFR 432 as amended to January 1, 2011: (a) Process water (0.50 mgd or greater)--$30,000 per year; (…

There is hereby imposed an annual stormwater fee on each construction and industrial site that is required to operate under a general water pollution control permit issued under chapter 34A-2 . The annual fee imposed in § 34A-2-117 is as follows: (1) The fee payable by the Depart…

The Board of Water Management shall promulgate rules pursuant to chapter 1-26 regulating public water supplies. A violation of rules promulgated pursuant to this section is subject to § 34A-2-75 . Source: SL 1974, ch 245 , § 10; SDCL Supp, § 46-25-33.1; SL 1985, ch 283 , § 24; SL…

For the entities listed below, the fee imposed in § 34A-2-117 is as follows: (1) Other industrial and governmental treatment works not including treatment systems that will be assessed a fee based upon the population categories in § 34A-2-118 or the industrial and governmental sy…

There is hereby established in the environmental fee fund established in § 1-41-23 , the surface water discharge and pretreatment permit administrative subfund. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal gran…

The obligation to pay the annual fee imposed by §§ 34A-2-117 to 34A-2-120 , inclusive, is on the owner or operator of a surface water discharge or pretreatment system and accrues on July first, for all nonpublicly-owned facilities. The fee is due and payable by July thirty-first …

The board shall promulgate rules pursuant to chapter 1-26 to establish requirements for proper disposal of sewage sludge. Source: SL 1992, ch 254 , § 90.

After public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue a general permit for a category of water pollution control. A general p…

In addition to any other tax or fee levied by law, there is hereby imposed on any concentrated animal feeding operation or any operation that processes or stores manure or process wastewater and is required to operate under a water pollution control permit pursuant to § 34A-2-36.…

The annual fee for a permitted livestock auction or an operation required to obtain a water pollution control permit by § 34A-2-36.3 without a nutrient management plan is one thousand dollars. The annual fee for a permitted large concentrated animal feeding operation that is loca…

The concentrated animal feeding operation administrative subfund is established within the environment and natural resources fee fund, as created in § 1-41-23 . The subfund consists of moneys from public and private sources, including legislative appropriations, federal grants, g…

In addition to any other tax or fee levied by law, there is hereby imposed a water pollution control permit application fee of six hundred dollars on an operation that is required to obtain a water pollution control permit under § 34A-2-36.2 or 34A-2-36.3 . The fee is applicable …

The legal force and effect of the underground injection control Class III rules promulgated under subdivision 34A-2-93(15) are tolled until the department obtains primary enforcement authority for underground injection control Class III wells from the United States Environmental …

The board shall promulgate rules pursuant to chapter 1-26 to formulate effluent standards, which include as a minimum all categories for which the federal government has set standards pursuant to the Federal Water Pollution Control Act, as amended to January 1, 2011. The state st…

The board shall promulgate rules pursuant to chapter 1-26 governing pretreatment standards to be applied against industrial users of publicly owned treatment works for the introduction of pollutants into publicly owned treatment works which interfere with, pass through, or otherw…

Any industrial user of publicly owned treatment works who violates pretreatment standards is subject to § 34A-2-75 . The secretary or the owner of a publicly owned treatment works shall implement all provisions of section 307 of the Federal Water Pollution Control Act as amended …

The secretary and owners of publicly owned treatment works may enforce pretreatment standards for pollutants introduced into its publicly owned treatment works, pursuant to the compliance and enforcement procedures of this chapter, by industrial users of such treatment works. Sou…

The board shall review from time to time, at intervals of not more than three years, established classification of waters, water quality standards, and effluent standards. Source: SL 1973, ch 280 , § 4 (5); SDCL Supp, § 46-25-35.

Before waters are classified or standards established or modified, or rules made, revoked, or modified, the board shall follow the procedures established by chapter 1-26 . Source: SDC Supp 1960, § 61.0145 as enacted by SL 1966, ch 260 , § 1; SL 1967, ch 340 ; SDCL, § 46-25-8; SL …

Terms used in this chapter mean: (1) "Board," the Water Management Board; (2) "Disposal system," a system for disposing of wastes, either by surface or underground methods, and includes sewerage systems, treatment works, disposal wells, septic tanks, and other systems; (3) "Perso…

The board shall establish minimum requirements for the treatment of wastes. Source: SL 1973, ch 280 , § 4 (11); SDCL Supp, § 46-25-38.

No person may cause pollution of any waters of the state, or place or cause to be placed any wastes in a location where they are likely to cause pollution of any waters of the state. A violation of this section is subject to § 34A-2-75 and may be abated as a public nuisance. Sour…

No person may discharge any wastes into any waters of the state which reduce the quality of such waters below the water quality level existing on March 27, 1973. A violation of this section is subject to § 34A-2-75 and may be abated as a public nuisance. Source: SL 1973, ch 280 ,…

Notwithstanding § 34A-2-22 , discharge of wastes into waters of the state which reduce the quality of such waters below the water quality level existing on March 27, 1973, will be allowed if it is affirmatively demonstrated to the board and the board finds by a majority vote of i…

In determining the justification for economic development under § 34A-2-24 , the board shall consider and require in its decision, technology reasonably available for all discharges into that segment of state waters affected by the decision, which will result in further progress …

A decision issued pursuant to § 34A-2-24 shall be reviewed at least every two years. Source: SL 1973, ch 280 , § 8 (2); SDCL Supp, § 46-25-44; SL 1988, ch 285 , § 6.

No person may carry on any of the following activities without a valid construction permit from the water management board for the disposal of all wastes which are, or may be, discharged thereby into the groundwaters of the state, nor may any person carry on any of the following …

The board shall promulgate rules pursuant to chapter 1-26 governing application, public notice, and public participation for permits to discharge sewage, industrial wastes, or other wastes into state waters, including rules requiring the filing of plans and specifications relatin…

The secretary, under such conditions as the secretary may prescribe, may require the submission of such plans, specifications, and other information as the secretary deems necessary to carry out the provisions of this chapter or to carry out rules promulgated pursuant to the prov…

The board shall promulgate rules pursuant to chapter 1-26 regarding the issuance, denial, modification, or revocation of permits governed by this chapter. Source: SL 1973, ch 280 , § 4 (7); SDCL Supp, § 46-25-48; SL 1993, ch 256 , § 13.