34A-10-8. Detrimental conduct prohibited when reasonable alternative available.
In any administrative, licensing, or other proceedings, as described in §34A-10-2, and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determined. No conduct may be authorized or approved which does, or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in the resources, if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.
Source: SL 1973, ch 144, §6 (2); SDCL Supp, §21-10A-8; SL 2011, ch 165, §144.
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.