South Dakota Codified Laws
Chapter 10 - Remedies For Protection Of Environment
Section 34A-10-17 - Obtaining voluntary compliance--Administrative settlement agreements.

34A-10-17. Obtaining voluntary compliance--Administrative settlement agreements.
Nothing in this chapter prevents the Department of Agriculture and Natural Resources from obtaining voluntary compliance with the provisions of Title 34A, 45, or 46, through warning, conference, settlement, or any other appropriate means. The secretary may enter into administrative settlement agreements in regard to violations of the provisions of Title 34A, 45, or 46, including stipulated settlements of any civil penalty authorized under that title.

Source: SL 1992, ch 26, §9; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34A - Environmental Protection

Chapter 10 - Remedies For Protection Of Environment

Section 34A-10-1 - Parties entitled to maintain actions against pollution.

Section 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.

Section 34A-10-2.1 - Activity which could result in pollution, contamination, or degradation--Financial assurance concerning corrective action--Form and amount.

Section 34A-10-2.2 - Right and title in bond or security--Form and amount.

Section 34A-10-2.3 - Cleanup and remediation of environmental problems--Use of security.

Section 34A-10-2.4 - Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license.

Section 34A-10-2.5 - Failure to comply with order--Injunctive relief.

Section 34A-10-2.6 - Cleanup and remediation of environmental problems--Use of oil and gas well security.

Section 34A-10-3 - Security required of plaintiff.

Section 34A-10-4 - Appointment of master or referee--Qualifications.

Section 34A-10-5 - Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction.

Section 34A-10-6 - Judicial review by court originally taking jurisdiction.

Section 34A-10-7 - Adjudication by court after administrative proceedings--Additional evidence.

Section 34A-10-8 - Detrimental conduct prohibited when reasonable alternative available.

Section 34A-10-9 - Defendant rebutting evidence of pollution.

Section 34A-10-10 - Affirmative defense of no reasonable alternative--Burden of proof and weight of evidence.

Section 34A-10-11 - Equitable relief against detrimental conduct--Conditions imposed on defendant.

Section 34A-10-12 - Apportionment of costs.

Section 34A-10-13 - Collateral estoppel--Res judicata.

Section 34A-10-14 - Chapter supplementary to other procedures.

Section 34A-10-15 - Citation of chapter.

Section 34A-10-16 - Enforcement action by department.

Section 34A-10-17 - Obtaining voluntary compliance--Administrative settlement agreements.