The use of EPA-registered pesticides in accordance with the individual label requirements specifying handling and application to aquatic sites is presumed not to cause long-term damage to the environment. The application of all registered pesticides must comply with SDCL chapter 38-21, 7 U.S.C.A. § 136 et seq. (October 25, 1988), and §§ 74:51:01:60 and 74:51:01:61. This section does not exempt any person from the penalty provisions of SDCL 34A-2-75 if misapplication results in impairment of a designated beneficial use.

Source: Transferred from § 74:03:02:47.01, 21 SDR 214, effective June 21, 1995; transferred from § 74:03:02:47.01.01, July 1, 1996; 31 SDR 29, effective September 13, 2004.

General Authority: SDCL 34A-2-11 , 34A-2-93.

Law Implemented: SDCL 34A-2-10 , 34A-2-11.