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South Dakota Codified Laws

Chapter 34A-2

S.D. Codified Laws ch. 34A-2

Water Pollution Control

34A-2-1Legislative findings and policy.34A-2-2Definition of terms.34A-2-334A-2-3 to 34A-2-5. Repealed by SL 2013, ch 166, §§ 16 to 18.34A-2-6Planning consistent with federal requirements--Maximum daily loads.34A-2-734A-2-7, 34A-2-8. Repealed by SL 2013, ch 166, §§ 19, 20.34A-2-9SupersededRepealed 34A-2-10Classification of waters.34A-2-11Water quality standards--Factors considered--Objectives--Violation.34A-2-11.1Presumption favoring existing quality standards.34A-2-12Regulation of public water supplies--Violation.34A-2-12.1RepealedRepealed 34A-2-13Effluent standards--Minimum requirements--Violation.34A-2-14Pretreatment standards for industrial users of inadequate public treatment works--Violation.34A-2-15Violation of pretreatment standards for industrial user--Implementation of Federal Water Pollution Control Act.34A-2-16Enforcement of pretreatment standards for industrial users.34A-2-17Periodic review of classification and standards.34A-2-18Procedure for establishment of classification, standards or rules.34A-2-19RepealedRepealed 34A-2-20Establishment of waste treatment requirements.34A-2-21Causing pollution of waters prohibited--Placement of wastes--Violation.34A-2-22Reduction of existing water quality by discharge of waste prohibited--Violation as nuisance.34A-2-23RepealedRepealed 34A-2-24Discharge of wastes allowed when economic or social necessity found--Exception.34A-2-25Technology considered in determining economic justification for waste.34A-2-26Biennial review of decisions to allow discharge waste.34A-2-27Construction permits required for activities discharging wastes into water--Violation.34A-2-28Rules for permits to discharge wastes--Plans and specifications for disposal systems--Violation.34A-2-29Plans, specifications, and information required by secretary.34A-2-30Rules regarding permit procedure.34A-2-31Issuance, revocation, or denial of permits to discharge waste.34A-2-32Examination and approval or disapproval of plans for discharge of waste--Changes in plans.34A-2-33Certification of compliance with federal pollution control requirements.34A-2-34Rules for grant or denial of certification--Procedural requirements of rules.34A-2-35Public hearing on permit to discharge waste--Notice--Uncontested recommendation.34A-2-36Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation.34A-2-36.1Permit to discharge waste into underground waters--Issuance--Maximum duration--Standards to be met--Violation.34A-2-36.2Concentrated animal feeding operation--Permit.34A-2-36.3Permit required for large operations.34A-2-37Effluent limitations enforced in issuance of permits.34A-2-38Limitations on volume and strength of waste discharged under permit--Specification of limitations and conditions.34A-2-39Schedules of compliance in permits for discharge.34A-2-39.1Extension of time to meet quality and effluent standards.34A-2-40Recording, reporting and inspection conditions in permit to discharge.34A-2-41Conditions in permits issued for publicly owned treatment works.34A-2-42Changes to be reported under permit for publicly owned treatment works.34A-2-43Discharges which may not be authorized by permit.34A-2-44Records, monitoring and reporting required on pollution sources.34A-2-45Inspection powers with respect to pollution sources.34A-2-46Right of entry on premises where pollution produced.34A-2-47RepealedRepealed 34A-2-48Orders to clean up material spilled--Violation.34A-2-49Grounds for revocation, suspension, or modification of permit.34A-2-50Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision by secretary.34A-2-51Effective date of revocation, suspension, or modification of permit.34A-2-52Procedural requirements in dealing with violations.34A-2-53Notice to correct violations--Contents--Civil penalty.34A-2-54Hearing on violation--Notice.34A-2-55Time of hearing on violation--Respondent's request for change of time.34A-2-56Respondent's request for hearing on violation--Time of filing--Time of hearing.34A-2-57Procedure in hearing on violation--Venue.34A-2-58Parties permitted to appear and present evidence at hearing on violation.34A-2-59Record of hearing on violation.34A-2-60Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation.34A-2-6134A-2-61 to 34A-2-63. Repealed by SL 1988, ch 285, §§ 25 to 27.34A-2-64Order not stayed by appeal--Findings required to grant stay.34A-2-65Judicial enforcement of order pending appeal.34A-2-66Legal representation of board in appeal.34A-2-67Appeal bond not required of state or board.34A-2-68Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.34A-2-69Notice of emergency order.34A-2-70Hearing on emergency order--Time and procedure for hearing.34A-2-71RepealedRepealed 34A-2-71.1Investigation of discharge polluting state waters--Responsible person.34A-2-72Action in circuit court for immediate restraint of pollution.34A-2-73Action by department to enjoin violations--Temporary injunction and restraining order.34A-2-74Initiation of action to recover penalties.34A-2-75Violations classified as misdemeanor--Criminal and civil penalties.34A-2-76RepealedRepealed 34A-2-77False representation or tampering with monitoring device prohibited--Violation.34A-2-78Alternative remedies not barred by invoking penalties.34A-2-79Remedies under chapter alternative to remedies under other law.34A-2-8034A-2-80 to 34A-2-81. Repealed by SL 2013, ch 166, §§ 22 to 24.34A-2-82Acceptance of grants for water pollution control.34A-2-8334A-2-83 to 34A-2-85. Repealed by SL 1986, ch 291, §§ 7 to 9.34A-2-8634A-2-86, 34A-2-87. Repealed by SL 2013, ch 166, §§ 25, 26.34A-2-87.134A-2-87.1 to 34A-2-92.4. Repealed by SL 1986, ch 291, §§ 10 to 25.34A-2-93Promulgation of rules by board.34A-2-94Public availability of records and information obtained under chapter--Trade secrets exception.34A-2-95RepealedRepealed 34A-2-96Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation.34A-2-97Petroleum substances discharged into state waters--Notice to secretary required--Restriction on use of information in criminal proceeding--Violation.34A-2-98Underground storage tanks--Definitions.34A-2-99Underground storage tanks--Promulgation of rules--Violation.34A-2-100Above ground stationary storage tank defined.34A-2-101Promulgation of rules--Public health and water protection--Violation.34A-2-102Installation of above ground stationary storage tank for storage of regulated substances prohibited--Exceptions--Violation.34A-2-103Statement of groundwater protection strategy--Coordination of activities.34A-2-104Legislative findings--Declaration of public policy.34A-2-104.1RepealedRepealed 34A-2-105Conditions requiring submission of preventative action plan--Contents--Violation.34A-2-106Development and administration of certain ongoing programs--Review and revision by secretary.34A-2-107Standards used in prioritizing groundwater prevention efforts--Other factors for consideration.34A-2-108RepealedRepealed 34A-2-109Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution.34A-2-110RepealedRepealed 34A-2-111Complaint required to be signed.34A-2-112General permit for category of water pollution control--Secretary issued--Terms and conditions--Suspension, revocation or modification--Violation.34A-2-113Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation.34A-2-114Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee.34A-2-115Sewage sludge, toxic pollutants, and significant industrial user defined.34A-2-116Development of pretreatment programs for publicly owned treatment works--Assumption of local responsibilities by secretary on request.34A-2-117Annual fee on facilities permitted under the national pollutant discharge elimination system.34A-2-118Publicly-owned treatment works fee schedule.34A-2-119Industrial and governmental treatment works fee schedule.34A-2-119.1Annual stormwater fees on construction and industrial sites.34A-2-120Fee schedule for other entities.34A-2-121Establishment of surface water discharge and pretreatment administrative subfund--Source of funds--Administration--Expenditures--Unexpended funds.34A-2-122Owner or operator of surface water discharge or pretreatment system to pay annual fees--Application fee--Dates due.34A-2-123Promulgation of rules on disposal of sewage sludge.34A-2-124General permit for category of water pollution control--Effective period--Modification, suspension, or revocation--Violation.34A-2-125RepealedRepealed 34A-2-125.1Concentrated animal feeding operation--Operation with water pollution control permit--Nutrient management plan--Annual fee.34A-2-125.2Permitted livestock auction or other operations--Annual fee--Billing, payment deadlines for fees.34A-2-125.3Concentrated animal feeding operation administrative subfund--Source of moneys--Administration--Appropriation.34A-2-125.4Water pollution control permit--Application fee for submissions--Exclusion--Deposit.34A-2-126Administrative rules on underground injection control Class III wells and in situ leach mining tolled.