34A-10-2. Parties entitled to intervene in proceedings involving pollution.
If administrative, licensing, or other proceedings, and judicial review thereof are available by law, the agency may permit the attorney general, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity to intervene as a party on the filing of a pleading with the agency asserting that the proceeding or action for judicial review involves conduct which has the effect of polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein. Such pleading shall be filed at least three days before the last agency evidentiary hearing conducted before the issuance of a final decision.
Source: SL 1973, ch 144, §6 (1); SDCL Supp, §21-10A-2; SL 1981 (2d SS), ch 1, §23; SL 1994, ch 351, §70.
Structure 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-10-2.2 - 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-10-2.5 - Failure to comply with order--Injunctive relief.
Section 34A-10-3 - Security required of plaintiff.
Section 34A-10-4 - Appointment of master or referee--Qualifications.
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-10-11 - 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.