South Dakota Codified Laws
Chapter 11 - Hazardous Waste Management
Section 34A-11-16 - Inspection of facilities and records--Monitoring equipment--Reports.

34A-11-16. Inspection of facilities and records--Monitoring equipment--Reports.
The secretary of agriculture and natural resources may:
(1)Enter and have access at reasonable times to any facility used for generation, transportation, treatment, storage, or disposal of hazardous waste and monitoring equipment related thereto;
(2)Inspect and obtain samples from any person of any hazardous wastes or suspected hazardous wastes, and of any containers or labeling for such wastes; a receipt for any samples and a copy of any analysis performed shall be provided to the owner or operator;
(3)Inspect and copy any records relating to any known or suspected or hazardous wastes;
(4)Require the installation and use of monitoring equipment or methods necessary to ensure compliance with this chapter;
(5)Require the preparation and submission of reports or other information by any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes.

Source: SL 1983, ch 262, §16; SL 2005, ch 10, §29; 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 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-11-12 - Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation.

Section 34A-11-12.1 - Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees.

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-11-22 - Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor.

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.