No person may discharge any waste, pollutant, or combination of pollutants, into surface waters from a point source without a permit consistent with rules promulgated by the board pursuant to chapter 1-26 and this chapter. A violation of this section is subject to § 34A-2-75. The secretary may, after notice and opportunity for public hearing, issue a permit for the discharge of any waste, pollutant, or combination of pollutants into surface waters, for a period not to exceed five years, or for a period not to exceed ten years for a concentrated animal operation that is not required to have a permit under 40 C.F.R. § 122.23(d)(1), as of January 1, 2021, upon condition that such discharge meets or will meet all applicable state and federal water quality standards and effluent standards and all other requirements of this chapter. A violation of a condition of a permit issued pursuant to this section is subject to § 34A-2-75.

Source: SDC 1939, § 61.0109 as added by SL 1947, ch 416 ; SL 1955, ch 430 , § 1; SDC Supp 1960, § 61.0145; repealed by omission from SL 1966, ch 260 , § 1; re-enacted by SL 1967, ch 340 ; SDCL, § 46-25-6; SL 1973, ch 280 , § 9; SDCL Supp, § 46-25-52; SL 1988, ch 285 , § 7; SL 1992, ch 158 , § 25; SL 1993, ch 256 , § 17; SL 2021, ch 161 , § 1.