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 social development of the state and, to the greatest degree practicable, facilitate the enjoyment of the natural attractions of the state. It is also declared that local and regional air pollution control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality. To these ends it is the purpose of this chapter to provide for a coordinated state-wide program of air pollution prevention, abatement and control, for an appropriate distribution of responsibilities among the state and local units of government, and to facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions, and to provide a framework within which all values may be balanced in the public interest.
Source: SL 1970, ch 203, §1; SDCL Supp, §34-16A-1.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 01 - Air Pollution Control
Section 34A-1-1 - Policy of state--Purpose of chapter.
Section 34A-1-2 - Definition of terms.
Section 34A-1-4 - Technical and operational services secured by secretary.
Section 34A-1-6 - Promulgation of rules--Purpose--Violation.
Section 34A-1-9 - Studies, investigations and educational activities of department.
Section 34A-1-10 - Cooperation by department with other agencies, persons, and groups.
Section 34A-1-11 - Classification of air contaminant sources--Reporting requirements.
Section 34A-1-13 - Access to records relating to air pollution emissions.
Section 34A-1-15 - Establishment of ambient air quality standards--Violation.
Section 34A-1-16 - Specification of fuels permitted in state--Violation.
Section 34A-1-17 - Contamination within plant excluded from jurisdiction.
Section 34A-1-20 - Maintenance of motor vehicle emission control devices--Violation.
Section 34A-1-22 - Prevention of stationary pollution sources not in compliance.
Section 34A-1-23 - Particular manufacturer not to be favored by requirements.
Section 34A-1-36 - Municipal and county programs approved by board--Application to state facilities.
Section 34A-1-37 - Municipal and county cooperation with other agencies.
Section 34A-1-38 - Control of air contaminant sources beyond capability of local authority.
Section 34A-1-39 - Civil action for violation--Penalty.
Section 34A-1-40 - Investigations on board's own initiative--Petition by local board or electors.
Section 34A-1-41 - Entry for inspection to determine compliance--Refusal of access prohibited.
Section 34A-1-42 - Report of inspection furnished to owner or operator.
Section 34A-1-43 - Hearings by board--Procedural powers.
Section 34A-1-44 - Issuance and enforcement of orders.
Section 34A-1-45 - Emergency order for immediate reduction or discontinuance of emissions.
Section 34A-1-46 - Hearing requested on emergency order--Action by board.
Section 34A-1-47 - Notice of violation--Order for corrective action--Civil penalty.
Section 34A-1-48 - Hearing requested on order for corrective action--Time allowed.
Section 34A-1-49 - Contested case proceeding in lieu of order--Consent agreement.
Section 34A-1-50 - Board orders after hearing.
Section 34A-1-51 - Time allowed for corrective action in board order.
Section 34A-1-52 - Enforcement remedies not barred by actions for penalties.
Section 34A-1-53 - Voluntary compliance effort not precluded.
Section 34A-1-54 - Private remedies unimpaired.
Section 34A-1-57 - State administration of air pollution control program--Imposition of fees.
Section 34A-1-58.1 - Ethanol production plants--Application and annual fees.
Section 34A-1-60 - Owner or operator to pay annual fee--Date due.
Section 34A-1-61 - Permit revocation, modification, or suspension--Fees.
Section 34A-1-62 - Additional penalty for knowingly violating provisions of this chapter.
Section 34A-1-63 - Definitions pertaining to clean air act settlement fund.