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-1-42 – Report of inspection furnished to owner or operator.
34A-1-42. Report of inspection furnished to owner or operator. If requested, the owner or operator of the premises inspected pursuant to §34A-1-41 shall receive a report setting forth all the facts found which relate to compliance status. Source: SL 1970, ch 203, §8; SDCL Supp, §34-16A-47.
Section 34A-1-43 – Hearings by board–Procedural powers.
34A-1-43. Hearings by board–Procedural powers. In addition to any other powers conferred on it by law the board may hold hearings relating to any aspect of or matter in the administration of this chapter, and in connection with the hearings, exercise the powers granted by chapter 1-26. Source: SL 1970, ch 203, §5 (2); SDCL […]
Section 34A-1-44 – Issuance and enforcement of orders.
34A-1-44. Issuance and enforcement of orders. In addition to any other powers conferred on it by law the board may issue orders necessary to effectuate the purposes of this chapter and enforce the provisions of this chapter by all appropriate administrative and judicial proceedings. Source: SL 1970, ch 203, §5 (3); SDCL Supp, §34-16A-49; SL […]
Section 34A-1-45 – Emergency order for immediate reduction or discontinuance of emissions.
34A-1-45. Emergency order for immediate reduction or discontinuance of emissions. If the secretary finds that any person is causing or contributing to air pollution and that such pollution creates an emergency by causing imminent danger to human health or safety and requires immediate action to protect human health or safety, the secretary shall order the […]
Section 34A-1-46 – Hearing requested on emergency order–Action by board.
34A-1-46. Hearing requested on emergency order–Action by board. Upon the request for a hearing by any person or persons named in an order served pursuant to §34A-1-45, the secretary shall proceed under chapter 1-26. Following the completion of such proceedings, the board shall affirm, modify or set aside the order of the secretary. Source: SL […]
Section 34A-1-47 – Notice of violation–Order for corrective action–Civil penalty.
34A-1-47. Notice of violation–Order for corrective action–Civil penalty. If the secretary has reason to believe that a violation of any provision of this chapter or rule promulgated pursuant to this chapter has occurred, the secretary may cause written notice to be served upon the alleged violator. The notice shall specify the provision of this chapter […]
Section 34A-1-48 – Hearing requested on order for corrective action–Time allowed.
34A-1-48. Hearing requested on order for corrective action–Time allowed. Any order issued pursuant to §34A-1-47 becomes final unless, no later than twenty days after the date the notice and order are served, the person named in the order requests in writing a hearing before the board. Upon such request, the board shall proceed in compliance […]