34A-11-12. Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation.
No hazardous waste treatment, storage, or disposal management facility may be owned, constructed, modified, or operated except in accordance with a permit issued by the Board of Minerals and Environment. A violation of this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
The board may issue, modify, suspend, revoke, or deny permits, in accordance with chapter 1-26, for the ownership, construction, modification, and operation of hazardous waste treatment, storage, and disposal management facilities. Any permit granted by the board under this section is initially valid for two years from the date of issuance and may be renewed for periods of five years.
Source: SL 1983, ch 262, §12; SL 1990, ch 289, §1; SL 1992, ch 158, §53.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 11 - Hazardous Waste Management
Section 34A-11-1 - Public policy.
Section 34A-11-2 - Definitions.
Section 34A-11-3 - Department designated as state agency under federal law.
Section 34A-11-4 - Functions of department and board.
Section 34A-11-5 - Cooperation with other agencies and groups.
Section 34A-11-6 - Acceptance of loans and grants.
Section 34A-11-7 - Employment of personnel.
Section 34A-11-8 - Rules identifying characteristics and listing hazardous wastes.
Section 34A-11-9 - Promulgation of rules governing hazardous wastes--Civil penalty for violation.
Section 34A-11-10 - Notification of hazardous waste activity required--Civil penalty for violation.
Section 34A-11-11 - Complaint alleging violation--Investigation--Report--Enforcement action.
Section 34A-11-13 - Application for permits--Rules--Hearings.
Section 34A-11-14 - Terms and conditions of permits--Civil penalty for violation.
Section 34A-11-15 - Revocation, modification, or suspension of permit--Grounds.
Section 34A-11-16 - Inspection of facilities and records--Monitoring equipment--Reports.
Section 34A-11-16.1 - Annual fee for inspection and monitoring.
Section 34A-11-17 - Notice and order for correction of violation.
Section 34A-11-18 - Hearing on violation--Time for request--Notice--Action by board.
Section 34A-11-19 - Circuit court action against violator--Injunction.
Section 34A-11-21 - Violations classified as felonies.
Section 34A-11-23 - Other rights to abate nuisances and pollution unaffected.
Section 34A-11-24 - Hazardous waste revolving fund--Administration--Use of funds.
Section 34A-11-25 - Disposal fee levied by state--Records.
Section 34A-11-26 - County or municipal disposal fee--Distribution of fee shares.