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 […]
Section 34A-1-58 – Annual fee–Calculation–Annual adjustment of fee–Use of proceeds–Existing sources of pollution–Written notice from department.
34A-1-58. Annual fee–Calculation–Annual adjustment of fee–Use of proceeds–Existing sources of pollution–Written notice from department. Concurrent with the submittal of a permit application pursuant to this chapter and annually for the duration of the permit, the applicant shall submit to the department a fee not to exceed twenty-five dollars per ton of each regulated pollutant as […]
Section 34A-1-58.1 – Ethanol production plants–Application and annual fees.
34A-1-58.1. Ethanol production plants–Application and annual fees. Ethanol production plants are exempt from the fees established in §34A-1-58 and, in lieu thereof, are subject to the fees established by this section. Concurrent with the submittal of a permit application pursuant to this chapter, the applicant for an air quality permit for an ethanol production plant […]
Section 34A-1-59 – Establishment of air quality subfund–Source of subfund–Administration–Expenditures–Unexpended funds.
34A-1-59. Establishment of air quality subfund–Source of subfund–Administration–Expenditures–Unexpended funds. There is hereby established in the environmental fee fund created in §1-41-23, the air quality subfund. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to §34A-1-58. The subfund shall be maintained separately and […]
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 […]