34A-1-4. Technical and operational services secured by secretary. The secretary may secure necessary scientific, technical, administrative, and operational services, including laboratory facilities by contract or otherwise. Source: SL 1970, ch 203, §5 (5); SDCL Supp, §34-16A-8; SL 1977, ch 280, §2; SL 2011, ch 165, §6.
34A-1-40. Investigations on board’s own initiative–Petition by local board or electors. The board may upon its own initiative cause to be investigated the alleged pollution of the air or any other violation of this chapter including the violation of any regulations issued pursuant to this chapter, or such investigation shall be made upon the verified […]
34A-1-41. Entry for inspection to determine compliance–Refusal of access prohibited. Any duly authorized officer, employee, or representative of the department may enter and inspect that part of any property, premise, or place in which the officer, employee, or representative has reasonable grounds to believe is the source of air pollution at any reasonable time for […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
34A-1-49. Contested case proceeding in lieu of order–Consent agreement. In lieu of an order, the board chair may schedule a contested case under chapter 1-26 before the board. Nothing in this chapter prevents the department from notifying an alleged violator of violations and negotiating a consent agreement instead of initiating proceedings under §34A-1-47. Any consent […]
34A-1-5. Administration of chapter–Board functions–Enforcement as to radioactive substances. The administration of this chapter is the responsibility of the secretary except that the Board of Minerals and Environment shall perform any quasi-judicial, quasi-legislative, advisory, and special budgetary functions set out in this chapter. The board, with the concurrence of the secretary may enforce those regulations […]
34A-1-50. Board orders after hearing. If, after proceedings held pursuant to §34A-1-48 or 34A-1-49, the board finds that a violation or violations have occurred, it shall affirm or modify any order previously issued under §34A-1-47 by the board chairman, or issue an appropriate order or orders for the prevention, abatement, or control of the emissions […]
34A-1-51. Time allowed for corrective action in board order. Any order issued as part of a notice or after proceedings under chapter 1-26 shall prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the emissions of air pollution. Source: […]
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; […]
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.
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 […]
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 […]
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 […]
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 […]
