§ 34A-2-1 Legislative findings and policy
§ 34A-2-2 Definition of terms
§ 34A-2-6 Planning consistent with federal requirements–Maximum daily loads
§ 34A-2-10 Classification of waters
§ 34A-2-11 Water quality standards–Factors considered–Objectives–Violation
§ 34A-2-11.1 Presumption favoring existing quality standards
§ 34A-2-12 Regulation of public water supplies–Violation
§ 34A-2-13 Effluent standards–Minimum requirements–Violation
§ 34A-2-14 Pretreatment standards for industrial users of inadequate public treatment works–Violation
§ 34A-2-15 Violation of pretreatment standards for industrial user–Implementation of Federal Water Pollution Control Act
§ 34A-2-16 Enforcement of pretreatment standards for industrial users
§ 34A-2-17 Periodic review of classification and standards
§ 34A-2-18 Procedure for establishment of classification, standards or rules
§ 34A-2-20 Establishment of waste treatment requirements
§ 34A-2-21 Causing pollution of waters prohibited–Placement of wastes–Violation
§ 34A-2-22 Reduction of existing water quality by discharge of waste prohibited–Violation as nuisance
§ 34A-2-24 Discharge of wastes allowed when economic or social necessity found–Exception
§ 34A-2-25 Technology considered in determining economic justification for waste
§ 34A-2-26 Biennial review of decisions to allow discharge waste
§ 34A-2-27 Construction permits required for activities discharging wastes into water–Violation
§ 34A-2-28 Rules for permits to discharge wastes–Plans and specifications for disposal systems–Violation
§ 34A-2-29 Plans, specifications, and information required by secretary
§ 34A-2-30 Rules regarding permit procedure
§ 34A-2-31 Issuance, revocation, or denial of permits to discharge waste
§ 34A-2-32 Examination and approval or disapproval of plans for discharge of waste–Changes in plans
§ 34A-2-33 Certification of compliance with federal pollution control requirements
§ 34A-2-34 Rules for grant or denial of certification–Procedural requirements of rules
§ 34A-2-35 Public hearing on permit to discharge waste–Notice–Uncontested recommendation
§ 34A-2-36 Permit to discharge waste into surface waters required–Issuance–Maximum duration–Standards to be met–Violation
§ 34A-2-36.1 Permit to discharge waste into underground waters–Issuance–Maximum duration–Standards to be met–Violation
§ 34A-2-36.2 Concentrated animal feeding operation–Permit
§ 34A-2-36.3 Permit required for large operations
§ 34A-2-37 Effluent limitations enforced in issuance of permits
§ 34A-2-38 Limitations on volume and strength of waste discharged under permit–Specification of limitations and conditions
§ 34A-2-39 Schedules of compliance in permits for discharge
§ 34A-2-39.1 Extension of time to meet quality and effluent standards
§ 34A-2-40 Recording, reporting and inspection conditions in permit to discharge
§ 34A-2-41 Conditions in permits issued for publicly owned treatment works
§ 34A-2-42 Changes to be reported under permit for publicly owned treatment works
§ 34A-2-43 Discharges which may not be authorized by permit
§ 34A-2-44 Records, monitoring and reporting required on pollution sources
§ 34A-2-45 Inspection powers with respect to pollution sources
§ 34A-2-46 Right of entry on premises where pollution produced
§ 34A-2-48 Orders to clean up material spilled–Violation
§ 34A-2-49 Grounds for revocation, suspension, or modification of permit
§ 34A-2-50 Notice of denial, revocation, suspension, or modification of permit–Hearing–Decision by secretary
§ 34A-2-51 Effective date of revocation, suspension, or modification of permit
§ 34A-2-52 Procedural requirements in dealing with violations
§ 34A-2-53 Notice to correct violations–Contents–Civil penalty
§ 34A-2-54 Hearing on violation–Notice
§ 34A-2-55 Time of hearing on violation–Respondent’s request for change of time
§ 34A-2-56 Respondent’s request for hearing on violation–Time of filing–Time of hearing
§ 34A-2-57 Procedure in hearing on violation–Venue
§ 34A-2-58 Parties permitted to appear and present evidence at hearing on violation
§ 34A-2-59 Record of hearing on violation
§ 34A-2-60 Board’s decision and order to abate pollution–Times prescribed in order–Civil penalty for violation
§ 34A-2-64 Order not stayed by appeal–Findings required to grant stay
§ 34A-2-65 Judicial enforcement of order pending appeal
§ 34A-2-66 Legal representation of board in appeal
§ 34A-2-67 Appeal bond not required of state or board
§ 34A-2-68 Emergency order by secretary to stop pollution–Effective immediately–Preventive action by secretary–Violation
§ 34A-2-69 Notice of emergency order
§ 34A-2-70 Hearing on emergency order–Time and procedure for hearing
§ 34A-2-71.1 Investigation of discharge polluting state waters–Responsible person
§ 34A-2-72 Action in circuit court for immediate restraint of pollution
§ 34A-2-73 Action by department to enjoin violations–Temporary injunction and restraining order
§ 34A-2-74 Initiation of action to recover penalties
§ 34A-2-75 Violations classified as misdemeanor–Criminal and civil penalties
§ 34A-2-77 False representation or tampering with monitoring device prohibited–Violation
§ 34A-2-78 Alternative remedies not barred by invoking penalties
§ 34A-2-79 Remedies under chapter alternative to remedies under other law
§ 34A-2-82 Acceptance of grants for water pollution control
§ 34A-2-93 Promulgation of rules by board
§ 34A-2-94 Public availability of records and information obtained under chapter–Trade secrets exception
§ 34A-2-96 Petroleum substances discharged into state waters–Liability for containment and recovery costs–Violation
§ 34A-2-97 Petroleum substances discharged into state waters–Notice to secretary required–Restriction on use of information in criminal proceeding–Violation
§ 34A-2-98 Underground storage tanks–Definitions
§ 34A-2-99 Underground storage tanks–Promulgation of rules–Violation
§ 34A-2-100 Above ground stationary storage tank defined
§ 34A-2-101 Promulgation of rules to safeguard public health and prevent water pollution–Violation
§ 34A-2-102 Installation of above ground stationary storage tank for storage of regulated substances prohibited–Exceptions–Violation
§ 34A-2-103 Statement of groundwater protection strategy–Coordination of activities
§ 34A-2-104 Legislative findings–Declaration of public policy
§ 34A-2-105 Conditions requiring submission of preventative action plan–Contents–Violation
§ 34A-2-106 Development and administration of certain ongoing programs–Review and revision by secretary
§ 34A-2-107 Standards used in prioritizing groundwater prevention efforts–Other factors for consideration
§ 34A-2-109 Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution
§ 34A-2-111 Complaint required to be signed
§ 34A-2-112 General permit for category of water pollution control–Secretary issued–Terms and conditions–Suspension, revocation or modification–Violation
§ 34A-2-113 Procedure for issuance, suspension, revocation and renewal of permits–Hearing–Uncontested recommendation
§ 34A-2-114 Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems–Fee
§ 34A-2-115 Sewage sludge, toxic pollutants, and significant industrial user defined
§ 34A-2-116 Development of pretreatment programs for publicly owned treatment works–Assumption of local responsibilities by secretary on request
§ 34A-2-117 Annual fee on facilities permitted under the national pollutant discharge elimination system
§ 34A-2-118 Publicly-owned treatment works fee schedule
§ 34A-2-119 Industrial and governmental treatment works fee schedule
§ 34A-2-119.1 Annual stormwater fees on construction and industrial sites
§ 34A-2-120 Fee schedule for other entities
§ 34A-2-121 Establishment of surface water discharge and pretreatment administrative subfund–Source of funds–Administration–Expenditures–Unexpended funds
§ 34A-2-122 Owner or operator of surface water discharge or pretreatment system to pay annual fees–Application fee–Dates due
§ 34A-2-123 Promulgation of rules on disposal of sewage sludge
§ 34A-2-124 General permit for category of water pollution control–Effective period–Modification, suspension, or revocation–Violation
§ 34A-2-125 Fee on certain concentrated animal feeding operations–Subfund created
§ 34A-2-126 Administrative rules on underground injection control Class III wells and in situ leach mining tolled
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Terms Used In South Dakota Codified Laws > Title 34A > Chapter 2 - Water Pollution Control

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2