There is a newer version of the South Dakota Codified Laws
2016 South Dakota Codified Laws
Title 34A - ENVIRONMENTAL PROTECTION
Chapter 02 - Water Pollution Control
- § 34A-2-1 Legislative findings and policy.
- § 34A-2-2 Definition of terms.
- § 34A-2-3 to 34A-2-5. Repealed.
- § 34A-2-6 Planning consistent with federal requirements--Maximum daily loads.
- § 34A-2-7 , 34A-2-8. Repealed.
- § 34A-2-9. Superseded.
- § 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- § 34A-2-12.1 Repealed.
- § 34A-2-13 Effluent standards--Minimum requirements--Violation.
- § 34A-2-14 Pretreatment standards for industrial users of inadequate public treatment works--Violation.
- § 34A-2-15 Violation of pretreatment standards for industrial user--Implementation of Federal Water Pollution Control Act.
- § 34A-2-16 Enforcement of pretreatment standards for industrial users.
- § 34A-2-17 Periodic review of classification and standards.
- § 34A-2-18 Procedure for establishment of classification, standards or rules.
- § 34A-2-19 Repealed.
- § 34A-2-20 Establishment of waste treatment requirements.
- § 34A-2-21 Causing pollution of waters prohibited--Placement of wastes--Violation.
- § 34A-2-22 Reduction of existing water quality by discharge of waste prohibited--Violation as nuisance.
- § 34A-2-23 Repealed.
- § 34A-2-24 Discharge of wastes allowed when economic or social necessity found--Exception.
- § 34A-2-25 Technology considered in determining economic justification for waste.
- § 34A-2-26 Biennial review of decisions to allow discharge waste.
- § 34A-2-27 Construction permits required for activities discharging wastes into water--Violation.
- § 34A-2-28 Rules for permits to discharge wastes--Plans and specifications for disposal systems--Violation.
- § 34A-2-29 Plans, specifications, and information required by secretary.
- § 34A-2-30 Rules regarding permit procedure.
- § 34A-2-31 Issuance, revocation, or denial of permits to discharge waste.
- § 34A-2-32 Examination and approval or disapproval of plans for discharge of waste--Changes in plans.
- § 34A-2-33 Certification of compliance with federal pollution control requirements.
- § 34A-2-34 Rules for grant or denial of certification--Procedural requirements of rules.
- § 34A-2-35 Public hearing on permit to discharge waste--Notice--Uncontested recommendation.
- § 34A-2-36 Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation.
- § 34A-2-36.1 Permit to discharge waste into underground waters--Issuance-- Maximum duration--Standards to be met--Violation.
- § 34A-2-36.2 Permit for concentrated animal feeding operations.
- § 34A-2-37 Effluent limitations enforced in issuance of permits.
- § 34A-2-38 Limitations on volume and strength of waste discharged under permit--Specification of limitations and conditions.
- § 34A-2-39 Schedules of compliance in permits for discharge.
- § 34A-2-39.1 Extension of time to meet quality and effluent standards.
- § 34A-2-40 Recording, reporting and inspection conditions in permit to discharge.
- § 34A-2-41 Conditions in permits issued for publicly owned treatment works.
- § 34A-2-42 Changes to be reported under permit for publicly owned treatment works.
- § 34A-2-43 Discharges which may not be authorized by permit.
- § 34A-2-44 Records, monitoring and reporting required on pollution sources.
- § 34A-2-45 Inspection powers with respect to pollution sources.
- § 34A-2-46 Right of entry on premises where pollution produced.
- § 34A-2-47 Repealed.
- § 34A-2-48 Orders to clean up material spilled--Violation.
- § 34A-2-49 Grounds for revocation, suspension, or modification of permit.
- § 34A-2-50 Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision by secretary.
- § 34A-2-51 Effective date of revocation, suspension, or modification of permit.
- § 34A-2-52 Procedural requirements in dealing with violations.
- § 34A-2-53 Notice to correct violations--Contents--Civil penalty.
- § 34A-2-54 Hearing on violation--Notice.
- § 34A-2-55 Time of hearing on violation--Respondent's request for change of time.
- § 34A-2-56 Respondent's request for hearing on violation--Time of filing--Time of hearing.
- § 34A-2-57 Procedure in hearing on violation--Venue.
- § 34A-2-58 Parties permitted to appear and present evidence at hearing on violation.
- § 34A-2-59 Record of hearing on violation.
- § 34A-2-60 Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation.
- § 34A-2-61 to 34A-2-63. Repealed.
- § 34A-2-64 Order not stayed by appeal--Findings required to grant stay.
- § 34A-2-65 Judicial enforcement of order pending appeal.
- § 34A-2-66 Legal representation of board in appeal.
- § 34A-2-67 Appeal bond not required of state or board.
- § 34A-2-68 Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.
- § 34A-2-69 Notice of emergency order.
- § 34A-2-70 Hearing on emergency order--Time and procedure for hearing.
- § 34A-2-71 Repealed.
- § 34A-2-71.1 Investigation of discharge polluting state waters--Responsible person.
- § 34A-2-72 Action in circuit court for immediate restraint of pollution.
- § 34A-2-73 Action by department to enjoin violations--Temporary injunction and restraining order.
- § 34A-2-74 Initiation of action to recover penalties.
- § 34A-2-75 Violations classified as misdemeanor--Criminal and civil penalties.
- § 34A-2-76 Repealed.
- § 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 to 34A-2-81. Repealed.
- § 34A-2-82 Acceptance of grants for water pollution control.
- § 34A-2-83 to 34A-2-85. Repealed.
- § 34A-2-86 , 34A-2-87. Repealed.
- § 34A-2-87.1 to 34A-2-92.4. Repealed.
- § 34A-2-93 Promulgation of rules by board.
- § 34A-2-94 Public availability of records and information obtained under chapter--Trade secrets exception.
- § 34A-2-95 Repealed.
- § 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-2-98 Underground storage tanks--Definitions.
- § 34A-2-99 Underground storage tanks--Promulgation of rules--Violation.
- § 34A-2-100 Above ground stationary storage tank defined.
- § 34A-2-101 Promulgation of rules to safeguard public health and prevent water pollution--Violation.
- § 34A-2-102 Installation of above ground stationary storage tank for storage of regulated substances prohibited--Exceptions--Violation.
- § 34A-2-103 Statement of groundwater protection strategy--Coordination of activities.
- § 34A-2-104 Legislative findings--Declaration of public policy.
- § 34A-2-104.1 Repealed.
- § 34A-2-105 Conditions requiring submission of preventative action plan--Contents--Violation.
- § 34A-2-106 Development and administration of certain ongoing programs--Review and revision by secretary.
- § 34A-2-107 Standards used in prioritizing groundwater prevention efforts--Other factors for consideration.
- § 34A-2-108 Certification of individuals responsible for the supervision of the alteration, repair, construction and installation of certain systems--Violation.
- § 34A-2-109 Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution.
- § 34A-2-110 Repealed.
- § 34A-2-111 Complaint required to be signed.
- § 34A-2-112 General permit for a category of water pollution control--Terms and conditions--Suspension, revocation or modification--Violation.
- § 34A-2-113 Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation.
- § 34A-2-114 Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee.
- § 34A-2-115 Sewage sludge, toxic pollutants, and significant industrial user defined.
- § 34A-2-116 Development of pretreatment programs for publicly owned treatment works--Assumption of local responsibilities by secretary on request.
- § 34A-2-117 Annual fee for facilities permitted under the national pollutant discharge elimination system--Exceptions.
- § 34A-2-118 Publicly-owned treatment works fee schedule.
- § 34A-2-119 Industrial and governmental treatment works fee schedule.
- § 34A-2-120 Fee schedule for other entities.
- § 34A-2-121 Establishment of surface water discharge and pretreatment administrative subfund--Source of funds--Administration--Expenditures--Unexpended funds.
- § 34A-2-122 Obligation of owner to pay annual fees on surface water discharge or pretreatment system--Date due.
- § 34A-2-123 Promulgation of rules on disposal of sewage sludge.
- § 34A-2-124 General permit for category of water pollution control--Effective period--Modification, suspension, or revocation--Violation.
- § 34A-2-125 Fee on certain concentrated animal feeding operations--Subfund created.
- § 34A-2-126 Administrative rules on underground injection control Class III wells and in situ leach mining tolled.
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