Title 34A — ENVIRONMENTAL PROTECTION

In any administrative, licensing, or other proceedings, as described in § 34A-10-2 , and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determ…

When the plaintiff in the action has made a prima facie showing that the conduct of the defendant is polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein, the defendant may rebut the prima facie showing by the submission of ev…

It is the public policy of this state to regulate the control and generation, transportation, treatment, storage, and disposal of hazardous wastes to protect the public health, safety, and welfare, protect the environment, prevent pollution of air, water, soil, and other natural …

Repealed by SL 2012, ch 215 , § 32.

Any person generating, transporting, treating, storing, or disposing of a hazardous waste shall file with the secretary of agriculture and natural resources a notification of hazardous waste activities. The notification shall be in accordance with rules promulgated pursuant to ch…

Any person may file a complaint with the secretary of agriculture and natural resources regarding a violation of this chapter. The secretary may conduct an investigation of the alleged violation and make a written report of the investigation to the person. If the secretary determ…

No hazardous waste treatment, storage, or disposal management facility may be owned, constructed, modified, or operated except in accordance with a permit issued by the Board of Minerals and Environment. A violation of this section is subject to a civil penalty not to exceed ten …

The department shall assess an initial application fee of fifty thousand dollars for the processing of all hazardous waste disposal facility applications. The department shall assess a fee of twenty - five thousand dollars for the processing of all hazardous waste disposal facili…

The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , governing the application for permits to own, construct, modify, or operate a hazardous waste treatment, storage, or disposal facility. The rules may require the submission of plans, specificat…

Any permit issued pursuant to this chapter may prescribe terms and conditions for record keeping, reporting, monitoring, sampling, inspections, compliance schedules, and such other terms and conditions as may be necessary to ensure compliance with this chapter and rules adopted p…

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 misrepresenting or failing to disclose fully all rel…

The secretary of agriculture and natural resources may: (1) Enter and have access at reasonable times to any facility used for generation, transportation, treatment, storage, or disposal of hazardous waste and monitoring equipment related thereto; (2) Inspect and obtain samples f…

The department shall assess an annual fee of twenty - five thousand dollars for the inspection, investigation, and monitoring of each hazardous waste disposal facility disposing of more than five hundred tons of hazardous waste per annum. The fee shall be payable to the departmen…

If the secretary of agriculture and natural resources determines that a person is in violation of this chapter, or any rule promulgated pursuant to this chapter, the secretary may cause written notice and an order to be served personally or by mail upon the alleged violator or th…

The notice of violation and order is final thirty days after the order is served unless the person named submits a written request for hearing to the secretary of agriculture and natural resources before the thirtieth day. If a request is submitted by mail, it is considered to ha…

In lieu of, or in addition to, issuance of a notice of violation and order, the secretary of agriculture and natural resources may bring an action in the circuit court of the county where the violation occurred, or is threatening to occur, for injunctive or other appropriate reli…

Terms as used in this chapter mean: (1) "Board," the Board of Minerals and Environment; (2) "Department," the Department of Agriculture and Natural Resources; (3) "Disposal," the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or …

Any person who knowingly transports a hazardous waste to an unpermitted facility; who knowingly treats, stores, or disposes of hazardous waste without a permit or in violation of a permit term or condition; or who makes any false statement or representation in any application, la…

Any records, reports, or information obtained from any person under this chapter shall be available to the public. If the secretary of agriculture and natural resources determines that a record, report, or information reveals methods or processes entitled to protection as trade s…

Nothing in this chapter abridges or alters any rights of action or remedies in equity or under the common law or statutory law, criminal or civil. Nothing in this chapter may be construed as estopping any person in the exercise of the person's rights in equity or under the common…

There is hereby established in the state treasury a special revolving fund to be designated as the hazardous waste revolving fund. This fund shall consist of all moneys from all lawful public and private sources including legislative appropriations, federal grants, gifts, fees re…

Because of the additional environmental risks attending hazardous waste disposal facilities, a hazardous waste disposal fee of fifty dollars per ton or part thereof of any hazardous waste is hereby levied and imposed upon the disposal of hazardous waste at any hazardous waste dis…

In addition to the hazardous waste disposal fee assessed by the state under § 34A-11-25 , a county or municipality may impose and levy a hazardous waste disposal fee upon the disposal of hazardous waste at any hazardous waste disposal facility within, or operated under, its juris…

The Department of Agriculture and Natural Resources is designated as the agency for all state purposes of the Federal Resource Conservation Recovery Act as amended to January 1, 2011, and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), as amended to January …

The Department of Agriculture and Natural Resources shall perform all the functions of the former public health advisory committee, the former state health officer, and the Department of Health with respect to the control of hazardous waste management pursuant to this chapter. Ho…

The Department of Agriculture and Natural Resources may advise, consult, and cooperate with other agencies of the state, other states, the federal government, and affected groups and industries in the formulation of plans for, and implementation of, hazardous waste management. So…

The Department of Agriculture and Natural Resources may accept and administer any loans and grants from the federal government or other sources which are made available to the Department for Hazardous Waste Management. Source: SL 1983, ch 262 , § 6; SL 2021, ch 1 (Ex. Ord. 21-3 )…

In accordance with the laws of the state, the Department of Agriculture and Natural Resources may employ, compensate, and prescribe the powers and duties of those persons necessary to execute the provisions of this chapter. Source: SL 1983, ch 262 , § 7; SL 2021, ch 1 (Ex. Ord. 2…

The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , which identify the characteristics of hazardous wastes considering the toxicity, persistence, degradability in nature, potential for accumulation in tissue, flammability, corrosiveness, reactiv…

The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , governing the generation, transportation, treatment, storage, and disposal of hazardous wastes necessary to execute the provisions of this chapter. The rules may include ownership, location, de…

[Repealed or reserved.]

Terms used in §§ 23A-27-25 , 34A-1-39 , 34A-12-1 to 34A-12-1 5, inclusive, 38-20A-9 , 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 mean: (1) "Corrective action," any action taken to minimize, contain, eliminate, remediate, mitigate, and clean up a discharge, including any necessa…

If a discharge in violation of § 34A-12-8 has occurred, or the department has reason to believe that a discharge in violation of § 34A-12-8 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 whenever the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge. Source: SL 1988, ch 291 , § 12.

Any person who has caused a discharge of a regulated substance in violation of § 34A-12-8 is strictly liable for the corrective action costs expended by the department pursuant to §§ 23A-27-25 , 34A-1-39 , 34A-12-1 to 34A-12-1 5, inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and

All corrective action costs expended pursuant to §§ 23A-27-25 , 34A-1-39 , 34A-2-75 , 34A-6-1.4 , 34A-6-1.31 , 34A-11-9 , 34A-11-10 , 34A-11-12 , 34A-11-14 , 34A-12-1 to 34A-12-1 5, inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 shall constitute a lien on all property ow…

Nothing in this chapter limits the authority of the department to establish environmental standards for remediation of air, soil, or water pollution pursuant to Title 34A, or to enforce site specific environmental remediation requirements in particular cases. This section does no…

Nothing in §§ 23A-27-25 , 34A-1-39 , 34A-2-75 , 34A-6-1.4 , 34A-6-1.31 , 34A-11-9 , 34A-11-10 , 34A-11-12 , 34A-11-14 , 34A-12-1 to 34A-12-1 5, inclusive, 38-20A-9 , 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 precludes the pursuit of any other administrative, civil, injunctive,…

All money collected by the department in the enforcement of the provisions of Titles 34A and 45, or in any other action, proceeding or settlement based upon damage to the environment or a violation of the state's environmental laws, excluding criminal proceedings for criminal fin…

If the department has determined that a discharge 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 shall attempt to designate as the responsible person the pe…

Transferred to §

Source: SL 1988, ch 291 , § 3; SL 1989, ch 306 , § 55; SL 2021, ch 163 , § 5.

There is hereby established in the state treasury an operating fund to be known as the regulated substance response fund for the purpose of providing funds for the clean up of regulated substance discharges. Funds from the following sources shall be deposited into the response fu…

A subfund of the regulated substances response fund is hereby created for recovered leaking underground storage tank trust fund moneys. The subfund shall be separately maintained and administered in the manner required by the Superfund Amendments and Reauthorization Act of 1986 a…

34A-12-4 Expenditure of funds by secretary--Grounds for expenditures. 34A-12-5 Department to perform administrative functions and corrective actions--Disbursements. 34A-12-6 Civil action by department for corrective action costs--Recovery of other costs. 34A-12-7 Promulgation of …

When necessary in the performance of the secretary's duties under §§ 23A-27-25 , 34A-1-39 , 34A-2-75 , 34A-6-1.4 , 34A-6-1.31 , 34A-11-9 , 34A-11-10 , 34A-11-12 , 34A-11-14 , 34A-12-1 to 34A-12-15 , inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 and Title 34A relative to…

The department shall perform all administrative functions relative to the response fund and corrective actions funded by it. Disbursements from the response fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary. Source: SL 1988, ch 29…

The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the response fund pursuant to §§ 23A-27-25 , 34A-1-39 , 34A-2-75 , 34A-6-1.4 , 34A-6-1.31 , 34A-11-9 , 34A-11-10 , 34A-11-12 , 34A-…

The secretary shall promulgate rules pursuant to chapter 1-26 to provide for a list of regulated substances whose discharge harms, or threatens harm to, the public health, safety, welfare, or natural resources of the state. Source: SL 1988, ch 291 , § 8.

The discharge of a regulated substance is prohibited. This section does not apply to discharges of regulated substances pursuant to and in compliance with the conditions of a federal or state permit. Source: SL 1988, ch 291 , § 9.