34A-11-18. Hearing on violation--Time for request--Notice--Action by board.
The notice of violation and order is final thirty days after the order is served unless the person named submits a written request for hearing to the secretary of agriculture and natural resources before the thirtieth day. If a request is submitted by mail, it is considered to have been submitted on the date of mailing. The secretary shall notify the Board of Minerals and Environment of receipt of a request for a hearing. The board shall conduct a public hearing. Notice of the hearing consistent with §1-26-17 shall be sent to the alleged violator and published in a newspaper of general circulation in the county where the violation is alleged to have occurred. The board may affirm, reverse, or modify the notice of violation or order following a contested case hearing.
Source: SL 1983, ch 262, §18; SL 2005, ch 10, §31; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
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.