Section 45-9-71 – Action for injunction–Service–Order.
45-9-71. Action for injunction–Service–Order. If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bring suit against the person […]
Section 45-9-72 – Failure of board to enjoin violation on request of person adversely affected–Action for injunction by affected person.
45-9-72. Failure of board to enjoin violation on request of person adversely affected–Action for injunction by affected person. If the Board of Minerals and Environment fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the board within ten days after receipt […]
Section 45-9-73 – Procedure for issuance, suspension, revocation, and renewal of permits–Hearing–Uncontested recommendation.
45-9-73. Procedure for issuance, suspension, revocation, and renewal of permits–Hearing–Uncontested recommendation. The board, by rules adopted in compliance with chapter 1-26, may provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested […]
Section 45-9-74 – Hearing on application for order under chapter–Notice–Contested case hearing–Procedure.
45-9-74. Hearing on application for order under chapter–Notice–Contested case hearing–Procedure. The Board of Minerals and Environment shall provide an opportunity for public hearing, through public notice, on any application made for an order under this chapter. The notice shall comply with the provisions of chapter 1-26 and indicate, unless a person files a petition requesting […]
Section 45-9-60 – Noncompliance with subpoena–Refusal of witness to testify–Court order–Contempt.
45-9-60. Noncompliance with subpoena–Refusal of witness to testify–Court order–Contempt. If any person refuses to comply with the subpoena issued by the Board of Minerals and Environment, or if any witness refuses to testify to any matter on which the witness may be interrogated and which is pertinent to the hearing or investigation, any circuit court […]
Section 45-9-64 – Emergency order of board–Issuance without notice or hearing–Promulgation–Termination.
45-9-64. Emergency order of board–Issuance without notice or hearing–Promulgation–Termination. When an emergency requiring immediate action is found to exist the Board of Minerals and Environment is authorized to issue an emergency order without notice or hearing, which shall be effective upon promulgation. No emergency order shall remain effective for more than fifteen days. Source: SL […]
Section 45-9-67 – Appeal from rule, regulation, or order of board–Persons adversely affected–Procedure.
45-9-67. Appeal from rule, regulation, or order of board–Persons adversely affected–Procedure. Any person adversely affected by any rule, regulation, or order of the Board of Minerals and Environment issued in pursuance to this chapter, may appeal therefrom by following the procedure set forth in chapter 1-26. Source: SL 1943, ch 153, §§9, 12; SDC Supp […]
Section 45-9-68 – Violation of law, rule, regulation, or order–Civil penalty–Liability for damages to environment.
45-9-68. Violation of law, rule, regulation, or order–Civil penalty–Liability for damages to environment. Any person who violates any provision of this chapter, or any rule, regulation, or order of the Board of Minerals and Environment is subject to a civil penalty of not more than five hundred dollars for each act of violation and for […]
Section 45-9-69 – Action by attorney general to recover civil penalties–Venue.
45-9-69. Action by attorney general to recover civil penalties–Venue. The penalties provided in §45-9-68 shall be recoverable by suit filed by the attorney general in the name and on behalf of the State of South Dakota in the circuit court for the county in which the defendant resides, or if there be more than one […]
Section 45-9-70 – Shutting down and sealing property or equipment by secretary for violation–Cancelation of lease or bond forfeiture.
45-9-70. Shutting down and sealing property or equipment by secretary for violation–Cancelation of lease or bond forfeiture. The secretary of agriculture and natural resources, acting for the Board of Minerals and Environment, may shut down any operation and place under seal any property or equipment for failure to comply with the oil and gas law […]