South Dakota Codified Laws
Chapter 21 - Radiation And Uranium Resources Exposure Control
Section 34-21-44 - Violation as misdemeanor--Injunction--Each day as separate violation.

34-21-44. Violation as misdemeanor--Injunction--Each day as separate violation.
Any person who violates any of the provisions of, or who fails to perform any duty imposed by this chapter, or who violates any order or rule of the secretary promulgated pursuant to this chapter, shall be guilty of a Class 1 misdemeanor, and in addition thereto may be enjoined in a civil action by a court of competent jurisdiction from continuing such violation. Each day upon which such violation occurs shall constitute a separate violation.

Source: SL 1957, ch 122, §9; SDC Supp 1960, §27.9959; SL 1977, ch 190, §56.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 21 - Radiation And Uranium Resources Exposure Control

Section 34-21-1 - State policy as to uses of radiation and uranium resources.

Section 34-21-1.1 - Waste disposal--Approval required--Uranium ore and mine tailings excepted.

Section 34-21-2 - Definition of terms.

Section 34-21-3 - Governor's agreement for discontinuance of federal responsibility--Funds available for establishment of protection program.

Section 34-21-4.1 - Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all healing arts to se...

Section 34-21-5 - Employment of personnel by agency--Delegation of functions.

Section 34-21-6 - Training programs to qualify personnel--Participation in federal and interstate programs.

Section 34-21-7 - Development of comprehensive policies and programs.

Section 34-21-8 - Investigations and research in radiation problems and monitoring.

Section 34-21-9 - Consultation and cooperation with federal, public and other agencies.

Section 34-21-10 - Acceptance and administration of loans and grants.

Section 34-21-11 - Collection and dissemination of information.

Section 34-21-12 - Adoption and enforcement of rules and regulations.

Section 34-21-13 - Programs for regulation and inspection--Preoperational environmental radiological monitoring plans.

Section 34-21-14 - Incidental powers of agency.

Section 34-21-15 - Rules and regulations for control of radiation.

Section 34-21-16 - Unauthorized use of radioactive materials as misdemeanor.

Section 34-21-17 - Opinions on construction plans--Information from federal and private entities.

Section 34-21-18 - Licensing of ionizing radiation sources--Fees.

Section 34-21-19 - Rules and regulations for licensing of nuclear materials and equipment.

Section 34-21-20 - Registration or licensing required for handling of radioactive materials--Misdemeanor--Exemption of materials without hazard.

Section 34-21-21 - Recognition of other state or federal licenses--Previously issued federal license.

Section 34-21-22 - Notice to secretary of extension or alteration of program by registrant or licensee--Failure to notify as misdemeanor.

Section 34-21-23 - Unauthorized exposure to diagnostic or therapeutic radiation as misdemeanor.

Section 34-21-24 - Records required with respect to ionizing radiation sources and environmental monitoring.

Section 34-21-25 - Individual exposure records for ionizing radiation.

Section 34-21-26 - Records submitted to agency on request.

Section 34-21-27 - Individual exposure records furnished to employees.

Section 34-21-28 - Access of agency personnel to premises for inspection and investigations--Examination and maintenance of records.

Section 34-21-29 - Inspection of radiation sources to evaluate compliance--Upgrading monitoring program.

Section 34-21-30 - Inspections for radiation hazards--Report to operator.

Section 34-21-31 - Orders abating discharge of radioactive material.

Section 34-21-32 - Impounding of radiation sources for violations.

Section 34-21-33 - Files maintained by agency.

Section 34-21-34 - Procedure on license matters.

Section 34-21-35 - Notice of suspected violations--Opportunity for hearing.

Section 34-21-36 - Order finding violation--Forwarding to violator.

Section 34-21-37 - Hearing on suspected violation--Hearing officers.

Section 34-21-38 - Findings and decision.

Section 34-21-39 - Emergency order to protect public health and safety--Immediate effect.

Section 34-21-40 - Hearing on emergency order--Finality of order.

Section 34-21-41 - Appeal from agency order or determination.

Section 34-21-44 - Violation as misdemeanor--Injunction--Each day as separate violation.

Section 34-21-45 - Injunction proceedings brought by attorney general.

Section 34-21-46 - Chapter supplementary to other legislation.

Section 34-21-47 - Notice by federal agency prior to transmitting waste.

Section 34-21-48 - Time for notice.

Section 34-21-49 - Transportation without timely notice prohibited.

Section 34-21-50 - Investigation of waste disposal applicants located within fifty miles of state borders.

Section 34-21-51 - Investigation objectives.

Section 34-21-52 - Felony convictions or permit violations by applicant may result in legal actions.