Section 34A-1-60 – Owner or operator to pay annual fee–Date due.
34A-1-60. Owner or operator to pay annual fee–Date due. The obligation to pay the annual fee imposed by §34A-1-58 is upon the owner or operator of a regulated air contaminant source and shall accrue on July first for all facilities. The fee is due and payable by July thirty-first and shall be remitted to the […]
Section 34A-1-61 – Permit revocation, modification, or suspension–Fees.
34A-1-61. Permit revocation, modification, or suspension–Fees. 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 misrepresentation or failure to disclose fully all relevant facts; or (3)Change in […]
Section 34A-1-62 – Additional penalty for knowingly violating provisions of this chapter.
34A-1-62. Additional penalty for knowingly violating provisions of this chapter. In addition to any other civil or criminal penalty imposed by this chapter, any person who knowingly violates any applicable requirement, any permit condition, or any fee or filing requirement of this chapter, or who knowingly makes any false material statement, representation, or certification in […]
Section 34A-1-63 – Definitions pertaining to clean air act settlement fund.
34A-1-63. Definitions pertaining to clean air act settlement fund . Terms used in §34A-1-64 mean: (1)”Board,” the Board of Minerals and Environment; (2)”Clean air act settlement fund,” South Dakota’s share of the mitigation fund as a designated state beneficiary; (3)”Department,” the Department of Agriculture and Natural Resources; (4)”Mitigation fund,” the Volkswagen Diesel Emissions Environmental Mitigation […]
Section 34A-1-64 – Clean air act settlement fund created.
34A-1-64. Clean air act settlement fund created . Any funds received by the state from the mitigation fund shall be deposited into the clean air act settlement fund that is hereby created. The funds shall be administered by the secretary for the purpose of facilitating the improvement and protection of the ambient air quality throughout […]
Section 34A-1-52 – Enforcement remedies not barred by actions for penalties.
34A-1-52. Enforcement remedies not barred by actions for penalties. Action pursuant to §34A-1-39 or the second paragraph of §34A-1-14 is not a bar to enforcement of this chapter or rules in force pursuant to this chapter, and orders made pursuant to this chapter by injunction or other appropriate remedy. Source: SL 1970, ch 203, §15; […]
Section 34A-1-53 – Voluntary compliance effort not precluded.
34A-1-53. Voluntary compliance effort not precluded. Nothing in this chapter prevents the department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means. Source: SL 1970, ch 203, §10; SDCL Supp, §34-16A-61; SL 2011, ch 165, §30.
Section 34A-1-54 – Private remedies unimpaired.
34A-1-54. Private remedies unimpaired. Nothing in this chapter abridges, limits, or otherwise impairs the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceedings for damages or other relief. Source: SL 1970, ch 203, §15; SDCL Supp, §34-16A-62; SL […]
Section 34A-1-56 – General permits for categories of air pollution sources–Terms and conditions–Modification, suspension or revocation–Violation.
34A-1-56. General permits for categories of air pollution sources–Terms and conditions–Modification, suspension or revocation–Violation. Upon the recommendation of the secretary and after public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue general permits […]
Section 34A-1-57 – State administration of air pollution control program–Imposition of fees.
34A-1-57. State administration of air pollution control program–Imposition of fees. In order to enhance economic development, provide increased customer service, protect the public health, safety, welfare, and the environment of this state, the state shall retain state administration of the air pollution control program as provided under Title V of the Federal Clean Air Act […]