34A-1-1. Policy of state–Purpose of chapter. It is hereby declared to be the public policy of the state to achieve and maintain reasonable levels of air quality which will protect human health and safety, prevent injury to plant and animal life and property, foster the comfort and convenience of its inhabitants, promote the economic and […]
34A-1-10. Cooperation by department with other agencies, persons, and groups. The department may: (1)Advise, consult, and cooperate with agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups; (2)Encourage local units of government to handle air pollution problems within their respective jurisdictions […]
34A-1-11. Classification of air contaminant sources–Reporting requirements. The Board of Minerals and Environment, by rules promulgated pursuant to chapter 1-26, may classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution, and may require reporting for any such class or classes. Classifications made pursuant to this […]
34A-1-12. Records and reports required on air contaminant sources–Monitoring and sampling methods–Other information–Violation. The department or board may require the owner or operator of any air contaminant source to establish and maintain such records; make such reports; install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods, at […]
34A-1-13. Access to records relating to air pollution emissions. The board may require access to records relating to emissions which cause or contribute to air pollution. Source: SL 1970, ch 203, §5 (4); SDCL Supp, §34-16A-20; SL 1977, ch 280, §8; SL 2011, ch 165, §10.
34A-1-14. Records and information available to public–Exception to protect trade secrets–Authorized use–Violation as misdemeanor. Any records, reports, or information obtained by the department or board from owners or operators of an air contaminant source or sources shall be available to the public, except that upon a showing satisfactory to the board by the owners or […]
34A-1-15. Establishment of ambient air quality standards–Violation. The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 to establish ambient air quality standards for the state as a whole or for any part of the state. Any person who violates these standards is subject to §34A-1-39. Source: SL 1970, ch 203, §5 […]
34A-1-16. Specification of fuels permitted in state–Violation. The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 that specify the kind or composition of fuels permitted to be sold, stored or used within the state if it is deemed by the board to be necessary for the achievement of ambient air quality […]
34A-1-17. Contamination within plant excluded from jurisdiction. Nothing in this chapter shall be construed to grant to the department or board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops. Source: SL 1970, ch 203, §17; SDCL Supp, §34-16A-23.
34A-1-18. Emission control and open burning requirements–Local control–Nonconformance as violation. The Board of Minerals and Environment, for the purpose of controlling pollution, shall by rules promulgated pursuant to chapter 1-26 establish emission control requirements and reasonable requirements for open burning. The requirements may vary from area to area, as may be appropriate to facilitate accomplishment […]
34A-1-19. Emission control methods and devices required–Permission to use alternative methods–Violation. If the board finds that there are methods, machines, devices, or construction features which are reasonably feasible that will prevent or significantly reduce the emission of air resulting in pollution and that the public interest will be served by preventing or reducing the emission, […]
34A-1-2. Definition of terms. Terms used in this chapter mean: (1)”Air contaminant,” dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, radioactive materials as defined in chapter 34-21, or any combination thereof; (2)”Air pollution,” the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is […]
34A-1-20. Maintenance of motor vehicle emission control devices–Violation. The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 to control emissions from motor vehicles by the proper maintenance of all emission control equipment with which the vehicle was equipped at the time of original purchase. Any violation of these rules is subject […]
34A-1-21. Permits required for air pollutant equipment and control devices–Applications–Rules–Recommendations by secretary–Hearings–Violation–Actions taken without a permit or in violation of permit conditions as misdemeanors. The board may prohibit, by rules promulgated pursuant to chapter 1-26, the installation, alteration, or use of any machine, equipment, device, or other article which it finds may cause or contribute […]
34A-1-22. Prevention of stationary pollution sources not in compliance. The department may enjoin the construction, modification, or operation of any stationary source of air pollution at any location where the emissions from such sources will prevent the attainment and maintenance of compliance with rules and regulations adopted by the board. Source: SDCL, §34-16A-16 as added […]
34A-1-23. Particular manufacturer not to be favored by requirements. Nothing in §34A-1-19 or 34A-1-21 authorizes the board to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices, or equipment otherwise available. Source: SL 1970, ch […]
34A-1-36. Municipal and county programs approved by board–Application to state facilities. Each municipality and each county may, with the approval of the Board of Minerals and Environment, establish and thereafter administer within its jurisdiction an air pollution control program which provides by ordinance or local law for requirements as strict or more strict and more […]
34A-1-37. Municipal and county cooperation with other agencies. Any municipality or county may administer all or part of its air pollution control program in cooperation with one or more municipalities or counties of this state or of other states provided that the requirements of other statutes relating to cooperative agreements are met. Source: SL 1970, […]
34A-1-38. Control of air contaminant sources beyond capability of local authority. If the board finds that the control of a particular class of air contaminant source is beyond the reasonable capability of the local or county air pollution control authorities, the department may assume and retain jurisdiction over that class of air contaminant source. Source: […]
34A-1-39. Civil action for violation–Penalty. Any person subject to this section, as provided in this chapter, is liable for a civil penalty not to exceed ten thousand dollars per day of violation or for damages to the environment of the state, or both. An action for the recovery of a civil penalty shall, upon demand, […]
