34A-12-10. Order to take corrective action--Injunctive action--Cease and desist order.
If a discharge in violation of §34A-12-8 has occurred, or the department has reason to believe that a discharge in violation of §34A-12-8 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. If the responsible person fails to comply with the department's order, the department may file an injunctive action in the circuit court of the county wherein the discharge has occurred seeking such corrective action. If the discharge occurs at any operation permitted under Title 34A or 45 and constitutes a violation of such permit, the department may order the operation to cease and desist further activity for the duration of the corrective action.
Source: SL 1988, ch 291, §11.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 12 - Regulated Substance Discharges
Section 34A-12-1 - Definition of terms.
Section 34A-12-3.1 - Subfund created--Disbursement and use of funds.
Section 34A-12-4 - Expenditure of funds by secretary--Grounds for expenditures.
Section 34A-12-6 - Civil action by department for corrective action costs--Recovery of other costs.
Section 34A-12-7 - Promulgation of rules--List of regulated substances.
Section 34A-12-8 - Discharge of regulated substance prohibited--Exception.
Section 34A-12-9 - Report of discharge--Rules for reporting.
Section 34A-12-10 - Order to take corrective action--Injunctive action--Cease and desist order.
Section 34A-12-11 - Injunctive action for emergency remedial efforts.
Section 34A-12-12 - Strict liability for costs of corrective action.
Section 34A-12-13.1 - Authority to establish and enforce remediation requirements.
Section 34A-12-14 - Additional remedies.
Section 34A-12-15 - Deposit of certain moneys in response fund.
Section 34A-12-16 - Determination of person responsible for discharge.