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Chapter 01 - Air Pollution Control
Section 34A-1-1 - Policy of state--Purpose of chapter. - 34A-1-1. Policy of state--Purpose of chapter. It is hereby declared...
Section 34A-1-2 - Definition of terms. - 34A-1-2. Definition of terms. Terms used in this chapter mean:...
Section 34A-1-4 - Technical and operational services secured by secretary. - 34A-1-4. Technical and operational services secured by secretary. The secretary...
Section 34A-1-5 - Administration of chapter--Board functions--Enforcement as to radioactive substances. - 34A-1-5. Administration of chapter--Board functions--Enforcement as to radioactive substances. The...
Section 34A-1-6 - Promulgation of rules--Purpose--Violation. - 34A-1-6. Promulgation of rules--Purpose--Violation. The Board of Minerals and Environment...
Section 34A-1-9 - Studies, investigations and educational activities of department. - 34A-1-9. Studies, investigations and educational activities of department. The department...
Section 34A-1-10 - Cooperation by department with other agencies, persons, and groups. - 34A-1-10. Cooperation by department with other agencies, persons, and groups....
Section 34A-1-11 - Classification of air contaminant sources--Reporting requirements. - 34A-1-11. Classification of air contaminant sources--Reporting requirements. The Board of...
Section 34A-1-12 - Records and reports required on air contaminant sources--Monitoring and sampling methods--Other information--Violation. - 34A-1-12. Records and reports required on air contaminant sources--Monitoring and...
Section 34A-1-13 - Access to records relating to air pollution emissions. - 34A-1-13. Access to records relating to air pollution emissions. The...
Section 34A-1-14 - Records and information available to public--Exception to protect trade secrets--Authorized use--Violation as misdemeanor. - 34A-1-14. Records and information available to public--Exception to protect trade...
Section 34A-1-15 - Establishment of ambient air quality standards--Violation. - 34A-1-15. Establishment of ambient air quality standards--Violation. The Board of...
Section 34A-1-16 - Specification of fuels permitted in state--Violation. - 34A-1-16. Specification of fuels permitted in state--Violation. The Board of...
Section 34A-1-17 - Contamination within plant excluded from jurisdiction. - 34A-1-17. Contamination within plant excluded from jurisdiction. Nothing in this...
Section 34A-1-18 - Emission control and open burning requirements--Local control--Nonconformance as violation. - 34A-1-18. Emission control and open burning requirements--Local control--Nonconformance as violation....
Section 34A-1-19 - Emission control methods and devices required--Permission to use alternative methods--Violation. - 34A-1-19. Emission control methods and devices required--Permission to use alternative...
Section 34A-1-20 - Maintenance of motor vehicle emission control devices--Violation. - 34A-1-20. Maintenance of motor vehicle emission control devices--Violation. The Board...
Section 34A-1-21 - Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without a permit or in violation of permit conditions as misdemeanors. - 34A-1-21. Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations...
Section 34A-1-22 - Prevention of stationary pollution sources not in compliance. - 34A-1-22. Prevention of stationary pollution sources not in compliance. The...
Section 34A-1-23 - Particular manufacturer not to be favored by requirements. - 34A-1-23. Particular manufacturer not to be favored by requirements. Nothing...
Section 34A-1-36 - Municipal and county programs approved by board--Application to state facilities. - 34A-1-36. Municipal and county programs approved by board--Application to state...
Section 34A-1-37 - Municipal and county cooperation with other agencies. - 34A-1-37. Municipal and county cooperation with other agencies. Any municipality...
Section 34A-1-38 - Control of air contaminant sources beyond capability of local authority. - 34A-1-38. Control of air contaminant sources beyond capability of local...
Section 34A-1-39 - Civil action for violation--Penalty. - 34A-1-39. Civil action for violation--Penalty. Any person subject to this...
Section 34A-1-40 - Investigations on board's own initiative--Petition by local board or electors. - 34A-1-40. Investigations on board's own initiative--Petition by local board or...
Section 34A-1-41 - Entry for inspection to determine compliance--Refusal of access prohibited. - 34A-1-41. Entry for inspection to determine compliance--Refusal of access prohibited....
Section 34A-1-42 - Report of inspection furnished to owner or operator. - 34A-1-42. Report of inspection furnished to owner or operator. If...
Section 34A-1-43 - Hearings by board--Procedural powers. - 34A-1-43. Hearings by board--Procedural powers. In addition to any other...
Section 34A-1-44 - Issuance and enforcement of orders. - 34A-1-44. Issuance and enforcement of orders. In addition to any...
Section 34A-1-45 - Emergency order for immediate reduction or discontinuance of emissions. - 34A-1-45. Emergency order for immediate reduction or discontinuance of emissions....
Section 34A-1-46 - Hearing requested on emergency order--Action by board. - 34A-1-46. Hearing requested on emergency order--Action by board. Upon the...
Section 34A-1-47 - Notice of violation--Order for corrective action--Civil penalty. - 34A-1-47. Notice of violation--Order for corrective action--Civil penalty. If the...
Section 34A-1-48 - Hearing requested on order for corrective action--Time allowed. - 34A-1-48. Hearing requested on order for corrective action--Time allowed. Any...
Section 34A-1-49 - Contested case proceeding in lieu of order--Consent agreement. - 34A-1-49. Contested case proceeding in lieu of order--Consent agreement. In...
Section 34A-1-50 - Board orders after hearing. - 34A-1-50. Board orders after hearing. If, after proceedings held pursuant...
Section 34A-1-51 - Time allowed for corrective action in board order. - 34A-1-51. Time allowed for corrective action in board order. Any...
Section 34A-1-52 - Enforcement remedies not barred by actions for penalties. - 34A-1-52. Enforcement remedies not barred by actions for penalties. Action...
Section 34A-1-53 - Voluntary compliance effort not precluded. - 34A-1-53. Voluntary compliance effort not precluded. Nothing in this chapter...
Section 34A-1-54 - Private remedies unimpaired. - 34A-1-54. Private remedies unimpaired. Nothing in this chapter abridges, limits,...
Section 34A-1-56 - General permits for categories of air pollution sources--Terms and conditions--Modification, suspension or revocation--Violation. - 34A-1-56. General permits for categories of air pollution sources--Terms and...
Section 34A-1-57 - State administration of air pollution control program--Imposition of fees. - 34A-1-57. State administration of air pollution control program--Imposition of fees....
Section 34A-1-58 - Annual fee--Calculation--Annual adjustment of fee--Use of proceeds--Existing sources of pollution--Written notice from department. - 34A-1-58. Annual fee--Calculation--Annual adjustment of fee--Use of proceeds--Existing sources of...
Section 34A-1-58.1 - Ethanol production plants--Application and annual fees. - 34A-1-58.1. Ethanol production plants--Application and annual fees. Ethanol production plants...
Section 34A-1-59 - Establishment of air quality subfund--Source of subfund--Administration--Expenditures--Unexpended funds. - 34A-1-59. Establishment of air quality subfund--Source of subfund--Administration--Expenditures--Unexpended funds. There...
Section 34A-1-60 - Owner or operator to pay annual fee--Date due. - 34A-1-60. Owner or operator to pay annual fee--Date due. The...
Section 34A-1-61 - Permit revocation, modification, or suspension--Fees. - 34A-1-61. Permit revocation, modification, or suspension--Fees. Any permit issued pursuant...
Section 34A-1-62 - Additional penalty for knowingly violating provisions of this chapter. - 34A-1-62. Additional penalty for knowingly violating provisions of this chapter....
Section 34A-1-63 - Definitions pertaining to clean air act settlement fund. - 34A-1-63. Definitions pertaining to clean air act settlement fund ....
Section 34A-1-64 - Clean air act settlement fund created. - 34A-1-64. Clean air act settlement fund created . Any funds...
Chapter 02 - Water Pollution Control
Section 34A-2-1 - Legislative findings and policy. - 34A-2-1. Legislative findings and policy. Whereas the pollution of the...
Section 34A-2-2 - Definition of terms. - 34A-2-2. Definition of terms. Terms used in this chapter mean:...
Section 34A-2-6 - Planning consistent with federal requirements--Maximum daily loads. - 34A-2-6. Planning consistent with federal requirements--Maximum daily loads. The secretary...
Section 34A-2-10 - Classification of waters. - 34A-2-10. Classification of waters. The Water Management Board shall promulgate...
Section 34A-2-11 - Water quality standards--Factors considered--Objectives--Violation. - 34A-2-11. Water quality standards--Factors considered--Objectives--Violation. The Water Management Board shall...
Section 34A-2-11.1 - Presumption favoring existing quality standards. - 34A-2-11.1. Presumption favoring existing quality standards. For the purpose of...
Section 34A-2-12 - Regulation of public water supplies--Violation. - 34A-2-12. Regulation of public water supplies--Violation. The Board of Water...
Section 34A-2-13 - Effluent standards--Minimum requirements--Violation. - 34A-2-13. Effluent standards--Minimum requirements--Violation. The board shall promulgate rules pursuant...
Section 34A-2-14 - Pretreatment standards for industrial users of inadequate public treatment works--Violation. - 34A-2-14. Pretreatment standards for industrial users of inadequate public treatment...
Section 34A-2-15 - Violation of pretreatment standards for industrial user--Implementation of Federal Water Pollution Control Act. - 34A-2-15. Violation of pretreatment standards for industrial user--Implementation of Federal...
Section 34A-2-16 - Enforcement of pretreatment standards for industrial users. - 34A-2-16. Enforcement of pretreatment standards for industrial users. The secretary...
Section 34A-2-17 - Periodic review of classification and standards. - 34A-2-17. Periodic review of classification and standards. The board shall...
Section 34A-2-18 - Procedure for establishment of classification, standards or rules. - 34A-2-18. Procedure for establishment of classification, standards or rules. Before...
Section 34A-2-20 - Establishment of waste treatment requirements. - 34A-2-20. Establishment of waste treatment requirements. The board shall establish...
Section 34A-2-21 - Causing pollution of waters prohibited--Placement of wastes--Violation. - 34A-2-21. Causing pollution of waters prohibited--Placement of wastes--Violation. No person...
Section 34A-2-22 - Reduction of existing water quality by discharge of waste prohibited--Violation as nuisance. - 34A-2-22. Reduction of existing water quality by discharge of waste...
Section 34A-2-24 - Discharge of wastes allowed when economic or social necessity found--Exception. - 34A-2-24. Discharge of wastes allowed when economic or social necessity...
Section 34A-2-25 - Technology considered in determining economic justification for waste. - 34A-2-25. Technology considered in determining economic justification for waste. In...
Section 34A-2-26 - Biennial review of decisions to allow discharge waste. - 34A-2-26. Biennial review of decisions to allow discharge waste. A...
Section 34A-2-27 - Construction permits required for activities discharging wastes into water--Violation. - 34A-2-27. Construction permits required for activities discharging wastes into water--Violation....
Section 34A-2-28 - Rules for permits to discharge wastes--Plans and specifications for disposal systems--Violation. - 34A-2-28. Rules for permits to discharge wastes--Plans and specifications for...
Section 34A-2-29 - Plans, specifications, and information required by secretary. - 34A-2-29. Plans, specifications, and information required by secretary. The secretary,...
Section 34A-2-30 - Rules regarding permit procedure. - 34A-2-30. Rules regarding permit procedure. The board shall promulgate rules...
Section 34A-2-31 - Issuance, revocation, or denial of permits to discharge waste. - 34A-2-31. Issuance, revocation, or denial of permits to discharge waste....
Section 34A-2-32 - Examination and approval or disapproval of plans for discharge of waste--Changes in plans. - 34A-2-32. Examination and approval or disapproval of plans for discharge...
Section 34A-2-33 - Certification of compliance with federal pollution control requirements. - 34A-2-33. Certification of compliance with federal pollution control requirements. The...
Section 34A-2-34 - Rules for grant or denial of certification--Procedural requirements of rules. - 34A-2-34. Rules for grant or denial of certification--Procedural requirements of...
Section 34A-2-35 - Public hearing on permit to discharge waste--Notice--Uncontested recommendation. - 34A-2-35. Public hearing on permit to discharge waste--Notice--Uncontested recommendation. Before...
Section 34A-2-36 - Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation. - 34A-2-36. Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards...
Section 34A-2-36.1 - Permit to discharge waste into underground waters--Issuance--Maximum duration--Standards to be met--Violation. - 34A-2-36.1. Permit to discharge waste into underground waters--Issuance--Maximum duration--Standards to...
Section 34A-2-36.2 - Permit for concentrated animal feeding operations. - 34A-2-36.2. Permit for concentrated animal feeding operations. Each concentrated animal...
Section 34A-2-37 - Effluent limitations enforced in issuance of permits. - 34A-2-37. Effluent limitations enforced in issuance of permits. The secretary...
Section 34A-2-38 - Limitations on volume and strength of waste discharged under permit--Specification of limitations and conditions. - 34A-2-38. Limitations on volume and strength of waste discharged under...
Section 34A-2-39 - Schedules of compliance in permits for discharge. - 34A-2-39. Schedules of compliance in permits for discharge. The secretary...
Section 34A-2-39.1 - Extension of time to meet quality and effluent standards. - 34A-2-39.1. Extension of time to meet quality and effluent standards....
Section 34A-2-40 - Recording, reporting and inspection conditions in permit to discharge. - 34A-2-40. Recording, reporting and inspection conditions in permit to discharge....
Section 34A-2-41 - Conditions in permits issued for publicly owned treatment works. - 34A-2-41. Conditions in permits issued for publicly owned treatment works....
Section 34A-2-42 - Changes to be reported under permit for publicly owned treatment works. - 34A-2-42. Changes to be reported under permit for publicly owned...
Section 34A-2-43 - Discharges which may not be authorized by permit. - 34A-2-43. Discharges which may not be authorized by permit. No...
Section 34A-2-44 - Records, monitoring and reporting required on pollution sources. - 34A-2-44. Records, monitoring and reporting required on pollution sources. The...
Section 34A-2-45 - Inspection powers with respect to pollution sources. - 34A-2-45. Inspection powers with respect to pollution sources. The secretary...
Section 34A-2-46 - Right of entry on premises where pollution produced. - 34A-2-46. Right of entry on premises where pollution produced. The...
Section 34A-2-48 - Orders to clean up material spilled--Violation. - 34A-2-48. Orders to clean up material spilled--Violation. The secretary shall...
Section 34A-2-49 - Grounds for revocation, suspension, or modification of permit. - 34A-2-49. Grounds for revocation, suspension, or modification of permit. Any...
Section 34A-2-50 - Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision by secretary. - 34A-2-50. Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision...
Section 34A-2-51 - Effective date of revocation, suspension, or modification of permit. - 34A-2-51. Effective date of revocation, suspension, or modification of permit....
Section 34A-2-52 - Procedural requirements in dealing with violations. - 34A-2-52. Procedural requirements in dealing with violations. The procedures set...
Section 34A-2-53 - Notice to correct violations--Contents--Civil penalty. - 34A-2-53. Notice to correct violations--Contents--Civil penalty. If the secretary has...
Section 34A-2-54 - Hearing on violation--Notice. - 34A-2-54. Hearing on violation--Notice. In a notice given under §34A-2-53,...
Section 34A-2-55 - Time of hearing on violation--Respondent's request for change of time. - 34A-2-55. Time of hearing on violation--Respondent's request for change of...
Section 34A-2-56 - Respondent's request for hearing on violation--Time of filing--Time of hearing. - 34A-2-56. Respondent's request for hearing on violation--Time of filing--Time of...
Section 34A-2-57 - Procedure in hearing on violation--Venue. - 34A-2-57. Procedure in hearing on violation--Venue. If a hearing is...
Section 34A-2-58 - Parties permitted to appear and present evidence at hearing on violation. - 34A-2-58. Parties permitted to appear and present evidence at hearing...
Section 34A-2-59 - Record of hearing on violation. - 34A-2-59. Record of hearing on violation. The board shall keep...
Section 34A-2-60 - Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation. - 34A-2-60. Board's decision and order to abate pollution--Times prescribed in...
Section 34A-2-64 - Order not stayed by appeal--Findings required to grant stay. - 34A-2-64. Order not stayed by appeal--Findings required to grant stay....
Section 34A-2-65 - Judicial enforcement of order pending appeal. - 34A-2-65. Judicial enforcement of order pending appeal. If the court...
Section 34A-2-66 - Legal representation of board in appeal. - 34A-2-66. Legal representation of board in appeal. In any appeal...
Section 34A-2-67 - Appeal bond not required of state or board. - 34A-2-67. Appeal bond not required of state or board. Neither...
Section 34A-2-68 - Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation. - 34A-2-68. Emergency order by secretary to stop pollution--Effective immediately--Preventive action...
Section 34A-2-69 - Notice of emergency order. - 34A-2-69. Notice of emergency order. Notice of an order pursuant...
Section 34A-2-70 - Hearing on emergency order--Time and procedure for hearing. - 34A-2-70. Hearing on emergency order--Time and procedure for hearing. Upon...
Section 34A-2-71.1 - Investigation of discharge polluting state waters--Responsible person. - 34A-2-71.1. Investigation of discharge polluting state waters--Responsible person. If the...
Section 34A-2-72 - Action in circuit court for immediate restraint of pollution. - 34A-2-72. Action in circuit court for immediate restraint of pollution....
Section 34A-2-73 - Action by department to enjoin violations--Temporary injunction and restraining order. - 34A-2-73. Action by department to enjoin violations--Temporary injunction and restraining...
Section 34A-2-74 - Initiation of action to recover penalties. - 34A-2-74. Initiation of action to recover penalties. In addition to...
Section 34A-2-75 - Violations classified as misdemeanor--Criminal and civil penalties. - 34A-2-75. Violations classified as misdemeanor--Criminal and civil penalties. Any person...
Section 34A-2-77 - False representation or tampering with monitoring device prohibited--Violation. - 34A-2-77. False representation or tampering with monitoring device prohibited--Violation. No...
Section 34A-2-78 - Alternative remedies not barred by invoking penalties. - 34A-2-78. Alternative remedies not barred by invoking penalties. Any action...
Section 34A-2-79 - Remedies under chapter alternative to remedies under other law. - 34A-2-79. Remedies under chapter alternative to remedies under other law....
Section 34A-2-82 - Acceptance of grants for water pollution control. - 34A-2-82. Acceptance of grants for water pollution control. The secretary...
Section 34A-2-93 - Promulgation of rules by board. - 34A-2-93. Promulgation of rules by board. The board may promulgate...
Section 34A-2-94 - Public availability of records and information obtained under chapter--Trade secrets exception. - 34A-2-94. Public availability of records and information obtained under chapter--Trade...
Section 34A-2-96 - Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation. - 34A-2-96. Petroleum substances discharged into state waters--Liability for containment and...
Section 34A-2-97 - Petroleum substances discharged into state waters--Notice to secretary required--Restriction on use of information in criminal proceeding--Violation. - 34A-2-97. Petroleum substances discharged into state waters--Notice to secretary required--Restriction...
Section 34A-2-98 - Underground storage tanks--Definitions. - 34A-2-98. Underground storage tanks--Definitions. Terms used in this section and...
Section 34A-2-99 - Underground storage tanks--Promulgation of rules--Violation. - 34A-2-99. Underground storage tanks--Promulgation of rules--Violation. The board shall promulgate...
Section 34A-2-100 - Above ground stationary storage tank defined. - 34A-2-100. Above ground stationary storage tank defined. The term, above...
Section 34A-2-101 - Promulgation of rules to safeguard public health and prevent water pollution--Violation. - 34A-2-101. Promulgation of rules to safeguard public health and prevent...
Section 34A-2-102 - Installation of above ground stationary storage tank for storage of regulated substances prohibited--Exceptions--Violation. - 34A-2-102. Installation of above ground stationary storage tank for storage...
Section 34A-2-103 - Statement of groundwater protection strategy--Coordination of activities. - 34A-2-103. Statement of groundwater protection strategy--Coordination of activities. The state...
Section 34A-2-104 - Legislative findings--Declaration of public policy. - 34A-2-104. Legislative findings--Declaration of public policy. The Legislature finds that...
Section 34A-2-105 - Conditions requiring submission of preventative action plan--Contents--Violation. - 34A-2-105. Conditions requiring submission of preventative action plan--Contents--Violation. Whenever the...
Section 34A-2-106 - Development and administration of certain ongoing programs--Review and revision by secretary. - 34A-2-106. Development and administration of certain ongoing programs--Review and revision...
Section 34A-2-107 - Standards used in prioritizing groundwater prevention efforts--Other factors for consideration. - 34A-2-107. Standards used in prioritizing groundwater prevention efforts--Other factors for...
Section 34A-2-109 - Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution. - 34A-2-109. Formation of state management plans for use of fertilizers...
Section 34A-2-111 - Complaint required to be signed. - 34A-2-111. Complaint required to be signed. No inspection or other...
Section 34A-2-112 - General permit for category of water pollution control--Secretary issued--Terms and conditions--Suspension, revocation or modification--Violation. - 34A-2-112. General permit for category of water pollution control--Secretary issued--Terms...
Section 34A-2-113 - Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation. - 34A-2-113. Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested...
Section 34A-2-114 - Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee. - 34A-2-114. Administration of national pollutant discharge elimination system permit program...
Section 34A-2-115 - Sewage sludge, toxic pollutants, and significant industrial user defined. - 34A-2-115. Sewage sludge, toxic pollutants, and significant industrial user defined....
Section 34A-2-116 - Development of pretreatment programs for publicly owned treatment works--Assumption of local responsibilities by secretary on request. - 34A-2-116. Development of pretreatment programs for publicly owned treatment works--Assumption...
Section 34A-2-117 - Annual fee on facilities permitted under the national pollutant discharge elimination system. - 34A-2-117.Annual fee on facilities permitted under the national pollutant discharge...
Section 34A-2-118 - Publicly-owned treatment works fee schedule. - 34A-2-118. Publicly-owned treatment works fee schedule. For publicly-owned treatment works...
Section 34A-2-119 - Industrial and governmental treatment works fee schedule. - 34A-2-119. Industrial and governmental treatment works fee schedule. For industrial...
Section 34A-2-119.1 - Annual stormwater fees on construction and industrial sites. - 34A-2-119.1. Annual stormwater fees on construction and industrial sites. There...
Section 34A-2-120 - Fee schedule for other entities. - 34A-2-120. Fee schedule for other entities. For the entities listed...
Section 34A-2-121 - Establishment of surface water discharge and pretreatment administrative subfund--Source of funds--Administration--Expenditures--Unexpended funds. - 34A-2-121. Establishment of surface water discharge and pretreatment administrative subfund--Source...
Section 34A-2-122 - Owner or operator of surface water discharge or pretreatment system to pay annual fees--Application fee--Dates due. - 34A-2-122. Owner or operator of surface water discharge or pretreatment...
Section 34A-2-123 - Promulgation of rules on disposal of sewage sludge. - 34A-2-123. Promulgation of rules on disposal of sewage sludge. The...
Section 34A-2-124 - General permit for category of water pollution control--Effective period--Modification, suspension, or revocation--Violation. - 34A-2-124. General permit for category of water pollution control--Effective period--Modification,...
Section 34A-2-125 - Fee on certain concentrated animal feeding operations--Subfund created. - 34A-2-125. Fee on certain concentrated animal feeding operations--Subfund created. In...
Section 34A-2-126 - Administrative rules on underground injection control Class III wells and in situ leach mining tolled. - 34A-2-126. Administrative rules on underground injection control Class III wells...
Chapter 02A - Chemigation
Section 34A-2A-1 - Definition of terms. - 34A-2A-1. Definition of terms. Terms used in this chapter mean:...
Section 34A-2A-2 - Use of irrigation system for chemigation--Compliance with standards and requirements--Penalties for violation. - 34A-2A-2. Use of irrigation system for chemigation--Compliance with standards and...
Section 34A-2A-3 - Promulgation of rules regarding standards and requirements. - 34A-2A-3. Promulgation of rules regarding standards and requirements. The Water...
Section 34A-2A-4 - Entry by chief engineer to determine compliance. - 34A-2A-4. Entry by chief engineer to determine compliance. The chief...
Chapter 02B - Livestock Discharge Control
Section 34A-2B-1 - Definitions. - 34A-2B-1. Definitions. Terms used in this section mean: (1)"Corrective action,"...
Section 34A-2B-2 - Environmental livestock cleanup fund--Sources of funding. - 34A-2B-2. Environmental livestock cleanup fund--Sources of funding. There is hereby...
Section 34A-2B-3 - Expenditure of funds by secretary. - 34A-2B-3. Expenditure of funds by secretary. If necessary in the...
Section 34A-2B-4 - Disbursement of funds. - 34A-2B-4. Disbursement of funds. The department shall perform all administrative...
Section 34A-2B-5 - Reimbursement for corrective actions. - 34A-2B-5. Reimbursement for corrective actions. The department may bring an...
Section 34A-2B-6 - Compliance with conditions of permits--Discharge. - 34A-2B-6. Compliance with conditions of permits--Discharge. The discharge of manure...
Section 34A-2B-7 - Violation--Corrective action. - 34A-2B-7. Violation--Corrective action. If a discharge in violation of §34A-2B-6...
Section 34A-2B-8 - Judicial remedies. - 34A-2B-8. Judicial remedies. The department may file an action in...
Section 34A-2B-9 - Violator's liability for expenses. - 34A-2B-9. Violator's liability for expenses. Any person who has caused...
Section 34A-2B-10 - Lien on property--Notice--Priority of lien--Exceptions. - 34A-2B-10. Lien on property--Notice--Priority of lien--Exceptions. All corrective action costs...
Section 34A-2B-11 - Other remedies. - 34A-2B-11. Other remedies. Nothing in this section precludes the pursuit...
Chapter 03 - Water Supply And Treatment System Operators
Section 34A-3-1 - Definition of terms. - 34A-3-1. Definition of terms. Terms used in this chapter, unless...
Section 34A-3-2 - Classification of plants and systems according to skill required. - 34A-3-2. Classification of plants and systems according to skill required....
Section 34A-3-3 - Certification of qualifications to supervise plants and systems. - 34A-3-3. Certification of qualifications to supervise plants and systems. The...
Section 34A-3-4 - Plants and systems for which certified operators required. - 34A-3-4. Plants and systems for which certified operators required. All...
Section 34A-3-4.1 - Operator certification to comply with federal Safe Drinking Water Act. - 34A-3-4.1. Operator certification to comply with federal Safe Drinking Water...
Section 34A-3-5 - Board of Certification created--Functions--Composition of board. - 34A-3-5. Board of Certification created--Functions--Composition of board. There is hereby...
Section 34A-3-7 - Terms of office of appointive members of board. - 34A-3-7. Terms of office of appointive members of board. The...
Section 34A-3-8 - Vacancy in appointive membership--Termination of membership. - 34A-3-8. Vacancy in appointive membership--Termination of membership. If a vacancy...
Section 34A-3-9 - Chairman and officers of board--Secretary. - 34A-3-9. Chairman and officers of board--Secretary. Each year the board...
Section 34A-3-11 - Duties of secretary. - 34A-3-11. Duties of secretary. The secretary shall: (1)Hold at least...
Section 34A-3-12 - Functions performed by Department of Agriculture and Natural Resources and Board of Water Management. - 34A-3-12. Functions performed by Department of Agriculture and Natural Resources...
Section 34A-3-13 - Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor. - 34A-3-13. Certified operators required for plants and systems--Time allowed to...
Section 34A-3-14 - Application for certification--Proof of fitness. - 34A-3-14. Application for certification--Proof of fitness. Application for certification shall...
Section 34A-3-15 - Examination and certification of applicants. - 34A-3-15. Examination and certification of applicants. Each applicant shall be...
Section 34A-3-18 - Certifications--Expiration--Renewal. - 34A-3-18. Certifications--Expiration--Renewal. All certifications shall expire on the first day...
Section 34A-3-19 - Certifications--Fees--Deposit and use of funds. - 34A-3-19. Certifications--Fees--Deposit and use of funds. The secretary may charge...
Section 34A-3-20 - Agreements for reciprocal certification. - 34A-3-20. Agreements for reciprocal certification. Agreements for reciprocity with other...
Section 34A-3-21 - Suspension or revocation of certificate for violations. - 34A-3-21. Suspension or revocation of certificate for violations. The secretary...
Section 34A-3-22 - Procedure for suspension or revocation. - 34A-3-22. Procedure for suspension or revocation. No certificate may be...
Section 34A-3-23 - New certificate after suspension or revocation--Judicial review. - 34A-3-23. New certificate after suspension or revocation--Judicial review. If a...
Section 34A-3-24 - Rules promulgated by secretary--Contents. - 34A-3-24. Rules promulgated by secretary--Contents. The secretary, with the advice...
Section 34A-3-26 - Civil fine for supervision of water treatment plant by uncertified operator. - 34A-3-26. Civil fine for supervision of water treatment plant by...
Chapter 03A - Safe Drinking Water
Section 34A-3A-1 - Public policy. - 34A-3A-1. Public policy. It is hereby declared to be the...
Section 34A-3A-2 - Definitions. - 34A-3A-2. Definitions. Terms used in this chapter mean: (1)"Area of...
Section 34A-3A-3 - Promulgation of rules establishing standards and compliance procedures--Violation. - 34A-3A-3. Promulgation of rules establishing standards and compliance procedures--Violation. The...
Section 34A-3A-4 - Enforcement powers of secretary. - 34A-3A-4. Enforcement powers of secretary. The secretary may: (1)Review and...
Section 34A-3A-5 - Variances of standards--Grounds for authorizing. - 34A-3A-5. Variances of standards--Grounds for authorizing. The secretary may authorize...
Section 34A-3A-6 - Exemption of public water supply systems--Requirements. - 34A-3A-6. Exemption of public water supply systems--Requirements. The secretary may...
Section 34A-3A-7 - Action for variance or exemption--Notice--Hearing. - 34A-3A-7. Action for variance or exemption--Notice--Hearing. Action to consider a...
Section 34A-3A-12 - Notice of variance, exemption, or violation of compliance schedule. - 34A-3A-12. Notice of variance, exemption, or violation of compliance schedule....
Section 34A-3A-13 - Notice by secretary on failure of supplier. - 34A-3A-13. Notice by secretary on failure of supplier. Notice to...
Section 34A-3A-14 - Application to public water systems. - 34A-3A-14. Application to public water systems. This chapter applies to...
Section 34A-3A-15 - Injunctive and declaratory relief. - 34A-3A-15. Injunctive and declaratory relief. The secretary may enforce the...
Section 34A-3A-16 - Approval and certification of laboratory facilities and personnel. - 34A-3A-16. Approval and certification of laboratory facilities and personnel. The...
Section 34A-3A-17 - Prevention of pollution of water supply systems--Development of voluntary wellhead protection program--Specifications. - 34A-3A-17. Prevention of pollution of water supply systems--Development of voluntary...
Section 34A-3A-18 - Water quality sample collected upon completion of well--Submission to department--Time period--Minimum analyzation requirements. - 34A-3A-18. Water quality sample collected upon completion of well--Submission to...
Section 34A-3A-19 - State administration of the public water system supervision program--Fee. - 34A-3A-19. State administration of the public water system supervision program--Fee....
Section 34A-3A-20 - Annual fee schedule for public water systems. - 34A-3A-20.Annual fee schedule for public water systems. There is hereby...
Section 34A-3A-22 - Establishment of the drinking water administrative subfund--Source of subfund--Administration--Expenditures--Unexpended funds. - 34A-3A-22. Establishment of the drinking water administrative subfund--Source of subfund--Administration--Expenditures--Unexpended...
Section 34A-3A-23 - Owner or operator to pay fee imposed on public drinking water system--Date due. - 34A-3A-23. Owner or operator to pay fee imposed on public...
Section 34A-3A-24 - Certain animal feeding operations prohibited from locating over shallow aquifer. - 34A-3A-24. Certain animal feeding operations prohibited from locating over shallow...
Section 34A-3A-25 - Promulgation of rules to carry out requirements of Federal Safe Drinking Water Act--Violation. - 34A-3A-25. Promulgation of rules to carry out requirements of Federal...
Section 34A-3A-26 - Penalties for violation of chapter--Factors considered in determining penalty--Disposition of funds collected. - 34A-3A-26. Penalties for violation of chapter--Factors considered in determining penalty--Disposition...
Section 34A-3A-27 - Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing on order. - 34A-3A-27. Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing...
Section 34A-3A-28 - Administrative penalty for violation of chapter. - 34A-3A-28. Administrative penalty for violation of chapter. Any violation of...
Chapter 05 - Sanitary Districts
Section 34A-5-1 - Areas subject to incorporation as districts. - 34A-5-1. Areas subject to incorporation as districts. If any populated...
Section 34A-5-2 - Minimum population of district. - 34A-5-2. Minimum population of district. No sanitary district may be...
Section 34A-5-3 - Map of proposed district. - 34A-5-3. Map of proposed district. Any person making application for...
Section 34A-5-5 - Survey, map, and census made available for public examination. - 34A-5-5. Survey, map, and census made available for public examination....
Section 34A-5-6 - Application for incorporation of district--Number of signatures required--Filing. - 34A-5-6. Application for incorporation of district--Number of signatures required--Filing. The...
Section 34A-5-7 - Commissioners' order to incorporate district upon assent of electors--Name of district. - 34A-5-7. Commissioners' order to incorporate district upon assent of electors--Name...
Section 34A-5-11 - Ballot form on question of incorporation--Majority required for approval. - 34A-5-11. Ballot form on question of incorporation--Majority required for approval....
Section 34A-5-12 - Canvass and return of election results--Order of county commissioners declaring incorporation. - 34A-5-12. Canvass and return of election results--Order of county commissioners...
Section 34A-5-13 - Expenditure of county funds for preliminary and election expenses--State funds. - 34A-5-13. Expenditure of county funds for preliminary and election expenses--State...
Section 34A-5-14 - District as governmental subdivision and public body. - 34A-5-14. District as governmental subdivision and public body. Any sanitary...
Section 34A-5-14.1 - Districts to be governed by board of trustees--Number of members. - 34A-5-14.1. Districts to be governed by board of trustees--Number of...
Section 34A-5-16 - Number and terms of office of district trustees--Inspectors' certificate as to persons elected. - 34A-5-16. Number and terms of office of district trustees--Inspectors' certificate...
Section 34A-5-17 - Election on increase in number of trustees. - 34A-5-17. Election on increase in number of trustees. The board...
Section 34A-5-18 - Notice of election--Separate ballots. - 34A-5-18. Notice of election--Separate ballots. The board of trustees shall...
Section 34A-5-19 - Election of additional trustees if increase approved--Terms of office--Certification. - 34A-5-19. Election of additional trustees if increase approved--Terms of office--Certification....
Section 34A-5-20 - Annual election of district officers. - 34A-5-20. Annual election of district officers. Each sanitary district shall...
Section 34A-5-21 - Nomination petitions for district trustee. - 34A-5-21. Nomination petitions for district trustee. Any trustee to be...
Section 34A-5-21.1 - Vacancies on board of trustees. - 34A-5-21.1. Vacancies on board of trustees. If a vacancy occurs...
Section 34A-5-21.2 - Residency of district trustees. - 34A-5-21.2. Residency of district trustees. To serve as a trustee...
Section 34A-5-21.3 - Published notice of vacancies--Content--Timeliness. - 34A-5-21.3. Published notice of vacancies--Content--Timeliness. The board of trustees shall...
Section 34A-5-22 - Organization of board of trustees--President--Meetings. - 34A-5-22. Organization of board of trustees--President--Meetings. The members of the...
Section 34A-5-23 - Expense reimbursement and compensation of trustees. - 34A-5-23. Expense reimbursement and compensation of trustees. Each sanitary district...
Section 34A-5-24 - Policies and regulations for business of board--Time of meetings--Quorum. - 34A-5-24. Policies and regulations for business of board--Time of meetings--Quorum....
Section 34A-5-25 - Office of sanitary district--Record of proceedings. - 34A-5-25. Office of sanitary district--Record of proceedings. The board of...
Section 34A-5-26 - General powers of trustees. - 34A-5-26. General powers of trustees. The board of trustees shall...
Section 34A-5-27 - Employment of personnel for district--Professional assistance. - 34A-5-27. Employment of personnel for district--Professional assistance. The board of...
Section 34A-5-28 - Trustees and employees not to be interested in district transactions. - 34A-5-28. Trustees and employees not to be interested in district...
Section 34A-5-28.1 - Trustee permitted to contract with district under certain conditions. - 34A-5-28.1. Trustee permitted to contract with district under certain conditions....
Section 34A-5-29 - Ordinances, resolutions, orders and regulations for district. - 34A-5-29. Ordinances, resolutions, orders and regulations for district. The board...
Section 34A-5-29.1 - Adoption by reference of ordinances of contracting municipality. - 34A-5-29.1. Adoption by reference of ordinances of contracting municipality. If...
Section 34A-5-29.2 - Notice requirement for passage of new ordinance or resolution. - 34A-5-29.2. Notice requirement for passage of new ordinance or resolution....
Section 34A-5-30 - Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain. - 34A-5-30. Operation of sewers and disposal plants--Tax levies, assessments and...
Section 34A-5-31 - Proceedings governed by municipal laws--Eminent domain proceedings. - 34A-5-31. Proceedings governed by municipal laws--Eminent domain proceedings. All proceedings...
Section 34A-5-32 - Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation. - 34A-5-32. Abandonment of pending condemnation action--Reconveyance to original owner on...
Section 34A-5-33 - Sale of surplus real property held by sanitary district--Conduct of sale--Employment of agents--Offer to prior owner. - 34A-5-33. Sale of surplus real property held by sanitary district--Conduct...
Section 34A-5-34 - Contracts with municipalities for sewage treatment and disposal. - 34A-5-34. Contracts with municipalities for sewage treatment and disposal. The...
Section 34A-5-35 - Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems. - 34A-5-35. Requiring connections with sewers--Assessments and charges--Construction and inspection standards...
Section 34A-5-36 - Rates and charges for sanitary services--Measures for protection of bondholders. - 34A-5-36. Rates and charges for sanitary services--Measures for protection of...
Section 34A-5-37 - Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds. - 34A-5-37. Rates and charges to be sufficient for operation of...
Section 34A-5-38 - Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements. - 34A-5-38. Rates and charges for retirement of bonds in lieu...
Section 34A-5-39 - Sanitary districts not subject to certain municipal sewer system requirements. - 34A-5-39. Sanitary districts not subject to certain municipal sewer system...
Section 34A-5-40 - Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales. - 34A-5-40. Certification of unpaid charges and tax levies--Collection with real...
Section 34A-5-41 - Election on acquisition and operation of water system--Board powers on approval. - 34A-5-41. Election on acquisition and operation of water system--Board powers...
Section 34A-5-42 - Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing. - 34A-5-42. Petition for annexation or exclusion of territory--Resolution of intention--Notice...
Section 34A-5-43 - Hearing and resolution to annex or exclude territory--County commissioners' approval required. - 34A-5-43. Hearing and resolution to annex or exclude territory--County commissioners'...
Section 34A-5-44 - Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court. - 34A-5-44. Appeal to circuit court from denial of annexation or...
Section 34A-5-45 - Recording of map and resolution after annexation or exclusion of territory. - 34A-5-45. Recording of map and resolution after annexation or exclusion...
Section 34A-5-46 - Formation of consolidated district authorized--Resolutions of governing bodies proposing formation. - 34A-5-46. Formation of consolidated district authorized--Resolutions of governing bodies proposing...
Section 34A-5-47 - Election on formation of consolidated district--Form of ballot. - 34A-5-47. Election on formation of consolidated district--Form of ballot. The...
Section 34A-5-48 - Resolutions after approval of consolidated district by voters--Filing of proceedings. - 34A-5-48. Resolutions after approval of consolidated district by voters--Filing of...
Section 34A-5-49 - Property not acquired nor debts assumed by incorporation of consolidated district. - 34A-5-49. Property not acquired nor debts assumed by incorporation of...
Section 34A-5-50 - Board of trustees for consolidated district. - 34A-5-50. Board of trustees for consolidated district. Forthwith upon the...
Section 34A-5-51 - Contracts of consolidated district for purchase or use of sanitary facilities. - 34A-5-51. Contracts of consolidated district for purchase or use of...
Section 34A-5-52 - Validation of prior proceedings of sanitary districts--Deadline for enforcing rights. - 34A-5-52. Validation of prior proceedings of sanitary districts--Deadline for enforcing...
Section 34A-5-53 - Dissolution of district on voters' petition. - 34A-5-53. Dissolution of district on voters' petition. A majority of...
Section 34A-5-54 - Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal. - 34A-5-54. Dissolution of district by directors' resolution on annexation to...
Section 34A-5-54.1 - Assumption of bonded indebtedness of district by municipality--Election. - 34A-5-54.1. Assumption of bonded indebtedness of district by municipality--Election. The...
Section 34A-5-56 - Certified copy of budget to county auditors and secretary of revenue. - 34A-5-56. Certified copy of budget to county auditors and secretary...
Chapter 06 - Solid Waste Management
Section 34A-6-1.1 - Legislative findings. - 34A-6-1.1. Legislative findings. The Legislature finds that other states have...
Section 34A-6-1.2 - Solid waste management policy established. - 34A-6-1.2. Solid waste management policy established. The protection of the...
Section 34A-6-1.3 - Definition of terms. - 34A-6-1.3. Definition of terms. The terms used in §§34A-6-1.1 to...
Section 34A-6-1.4 - Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation. - 34A-6-1.4. Unauthorized construction or operation of site or facility prohibited--Unauthorized...
Section 34A-6-1.6 - Promulgation of rules--Factors for consideration--Scope--Open burning. - 34A-6-1.6. Promulgation of rules--Factors for consideration--Scope--Open burning. The board shall...
Section 34A-6-1.7 - Groundwater monitoring system required--Exception. - 34A-6-1.7. Groundwater monitoring system required--Exception. The board shall require that,...
Section 34A-6-1.8 - Areas addressed in application--Exception. - 34A-6-1.8. Areas addressed in application--Exception. Each of the following specific...
Section 34A-6-1.9 - Perpetual responsibility for solid waste and liability for pollution. - 34A-6-1.9. Perpetual responsibility for solid waste and liability for pollution....
Section 34A-6-1.10 - Responsibility and liability of owner or operator. - 34A-6-1.10. Responsibility and liability of owner or operator. The owner...
Section 34A-6-1.11 - Financial assurance instrument--Condition for permit. - 34A-6-1.11. Financial assurance instrument--Condition for permit. The board may require...
Section 34A-6-1.12 - Maintenance of closure and post-closure accounts--Requirements. - 34A-6-1.12. Maintenance of closure and post-closure accounts--Requirements. In addition to...
Section 34A-6-1.13 - Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial. - 34A-6-1.13. Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for...
Section 34A-6-1.14 - Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing. - 34A-6-1.14. Promulgation of rules specifying procedure for permit issuance, amendment,...
Section 34A-6-1.15 - Amendment of permit--Procedure--Grounds. - 34A-6-1.15. Amendment of permit--Procedure--Grounds. The procedure to amend a permit...
Section 34A-6-1.16 - Initial validity period of permits--Renewal--Assessment of fees. - 34A-6-1.16. Initial validity period of permits--Renewal--Assessment of fees. Permits granted...
Section 34A-6-1.17 - Additional fee imposed upon disposal of certain solid waste. - 34A-6-1.17. Additional fee imposed upon disposal of certain solid waste....
Section 34A-6-1.18 - Sections not applicable. - 34A-6-1.18. Sections not applicable. Sections 34A-6-1.7, 34A-6-1.9, and 34A-6-1.17 do...
Section 34A-6-1.19 - Requirements relating to board's inability to inspect out-of-state solid waste at point of origin--Maintenance and filing of certain records. - 34A-6-1.19. Requirements relating to board's inability to inspect out-of-state solid...
Section 34A-6-1.20 - Periodic inspections--On-site investigations. - 34A-6-1.20. Periodic inspections--On-site investigations. The secretary shall make periodic inspections...
Section 34A-6-1.21 - Suspension or revocation of permit--Grounds--Notice and hearing. - 34A-6-1.21. Suspension or revocation of permit--Grounds--Notice and hearing. A permit...
Section 34A-6-1.22 - Notice of violation--Contents. - 34A-6-1.22. Notice of violation--Contents. If the secretary has reason to...
Section 34A-6-1.23 - Secretary may require appearance for public hearing--Alternative procedures. - 34A-6-1.23. Secretary may require appearance for public hearing--Alternative procedures. In...
Section 34A-6-1.24 - Decision by board--Scope and content of order. - 34A-6-1.24. Decision by board--Scope and content of order. After a...
Section 34A-6-1.25 - Effect of appeal upon order. - 34A-6-1.25. Effect of appeal upon order. Notwithstanding the provisions of...
Section 34A-6-1.26 - Issuance of emergency order--Purpose--Noncompliance. - 34A-6-1.26. Issuance of emergency order--Purpose--Noncompliance. The secretary may issue an...
Section 34A-6-1.27 - Hearing upon emergency order--Time and place--Procedure. - 34A-6-1.27. Hearing upon emergency order--Time and place--Procedure. Upon issuing an...
Section 34A-6-1.28 - Suit by secretary on behalf of state. - 34A-6-1.28. Suit by secretary on behalf of state. In the...
Section 34A-6-1.29 - Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available. - 34A-6-1.29. Department may seek to enjoin threatened or actual violation--Bond...
Section 34A-6-1.31 - Operation of facility without or in violation of permit--Penalties--Civil penalty. - 34A-6-1.31. Operation of facility without or in violation of permit--Penalties--Civil...
Section 34A-6-1.33 - Exhaustion of administrative remedies not required. - 34A-6-1.33. Exhaustion of administrative remedies not required. The department need...
Section 34A-6-1.34 - Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws. - 34A-6-1.34. Enforcement of rules by board through permit procedures--Department as...
Section 34A-6-1.35 - Functions of department--Delegation of duties and authority--Power to accept and administer grants and loans. - 34A-6-1.35. Functions of department--Delegation of duties and authority--Power to accept...
Section 34A-6-1.38 - County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares. - 34A-6-1.38. County or municipal imposition and levy of disposal fee--Payment...
Section 34A-6-1.40 - Removal of improperly disposed solid waste--Alternative means of disposal. - 34A-6-1.40. Removal of improperly disposed solid waste--Alternative means of disposal....
Section 34A-6-17 - Plans for county systems--Submission to state board. - 34A-6-17. Plans for county systems--Submission to state board. The board...
Section 34A-6-18 - County grant of franchises--Approval by voters--Maximum period. - 34A-6-18. County grant of franchises--Approval by voters--Maximum period. Any county...
Section 34A-6-19 - Municipal procedure applied to counties--General election laws apply. - 34A-6-19. Municipal procedure applied to counties--General election laws apply. The...
Section 34A-6-20 - County agreements with other political subdivisions and persons. - 34A-6-20. County agreements with other political subdivisions and persons. The...
Section 34A-6-21 - County assumption of responsibility for wastes within municipalities. - 34A-6-21. County assumption of responsibility for wastes within municipalities. By...
Section 34A-6-22 - Sanitary districts and counties to have municipal rights and responsibilities. - 34A-6-22. Sanitary districts and counties to have municipal rights and...
Section 34A-6-24 - Municipal grant of franchises--Maximum period. - 34A-6-24. Municipal grant of franchises--Maximum period. Any municipality may grant...
Section 34A-6-25 - Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election. - 34A-6-25. Vote required for municipal grant of franchise--General or special...
Section 34A-6-26 - Municipal agreements with other political subdivisions and persons--Maximum duration. - 34A-6-26. Municipal agreements with other political subdivisions and persons--Maximum duration....
Section 34A-6-27 - City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions. - 34A-6-27. City-county combinations to grant franchises--Approval by voters--Approval or rejection...
Section 34A-6-28 - Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election. - 34A-6-28. Municipal procedure applied to combined city-county grants of franchises--General...
Section 34A-6-29 - Subdivision fees, charges, and license requirements--Collection of delinquent charges. - 34A-6-29. Subdivision fees, charges, and license requirements--Collection of delinquent charges....
Section 34A-6-37 - Acceptance and disbursement of funds for solid waste or recycling facility or system. - 34A-6-37. Acceptance and disbursement of funds for solid waste or...
Section 34A-6-38 - Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority. - 34A-6-38. Municipal acquisition of property--Maximum duration of contract--Shares of parties...
Section 34A-6-39 - Appropriations for long-term contracts. - 34A-6-39. Appropriations for long-term contracts. If the term of any...
Section 34A-6-40 - Policies and requirements for operation of system. - 34A-6-40. Policies and requirements for operation of system. The governing...
Section 34A-6-41 - Local standards for sites and facilities. - 34A-6-41. Local standards for sites and facilities. Any local governing...
Section 34A-6-53 - Legislative approval required for large-scale solid waste facilities--Requirements--Exception. - 34A-6-53. Legislative approval required for large-scale solid waste facilities--Requirements--Exception. No...
Section 34A-6-54 - Definition of large-scale solid waste facility. - 34A-6-54. Definition of large-scale solid waste facility. A large-scale solid...
Section 34A-6-55 - Existing facilities to cease until legislative approval is obtained. - 34A-6-55. Existing facilities to cease until legislative approval is obtained....
Section 34A-6-56 - Approval requirements are retroactive. - 34A-6-56. Approval requirements are retroactive. The provisions of §§34A-6-53 to...
Section 34A-6-58 - General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification. - 34A-6-58. General permit for category of solid waste treatment, storage...
Section 34A-6-59 - Legislative findings. - 34A-6-59.Legislative findings. The Legislature finds that the implementation of federal...
Section 34A-6-60 - Legislative intent to reduce amount of solid waste disposed in landfills. - 34A-6-60. Legislative intent to reduce amount of solid waste disposed...
Section 34A-6-61 - Definitions. - 34A-6-61. Definitions. Terms used in §§34A-6-59 to 34A-6-92, inclusive, mean:...
Section 34A-6-62 - Waste reduction and recycling program established. - 34A-6-62. Waste reduction and recycling program established. The department shall...
Section 34A-6-63 - Elements of waste reduction and recycling program. - 34A-6-63. Elements of waste reduction and recycling program. The elements...
Section 34A-6-63.1 - Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program. - 34A-6-63.1. Policies and requirements for purchase, sale, or transfer of...
Section 34A-6-64 - Disposal of tires. - 34A-6-64. Disposal of tires. Disposal of tires at sanitary landfills...
Section 34A-6-66 - Waste tire stockpiling and processing facilities—Promulgation of rules. - 34A-6-66. Waste tire stockpiling and processing facilities—Promulgation of rules. The...
Section 34A-6-67 - Landfill waste reduction targets--Implementation dates. - 34A-6-67. Landfill waste reduction targets--Implementation dates. In order to achieve...
Section 34A-6-68 - Code required for rigid plastic bottle or rigid plastic container. - 34A-6-68. Code required for rigid plastic bottle or rigid plastic...
Section 34A-6-69 - Inspection of facilities. - 34A-6-69. Inspection of facilities. The department may inspect, as provided...
Section 34A-6-70 - Solid waste evaluation. - 34A-6-70. Solid waste evaluation. Each county and first class municipality...
Section 34A-6-71 - Regionalization of recycling and solid waste operations. - 34A-6-71. Regionalization of recycling and solid waste operations. Regionalization of...
Section 34A-6-73 - Responsible units of governments--Evaluation of capacity. - 34A-6-73. Responsible units of governments--Evaluation of capacity. Each county and...
Section 34A-6-74 - Filing of solid waste source reduction and recycling plan--Department review and aid in development--Hearings--Updating of plans. - 34A-6-74. Filing of solid waste source reduction and recycling plan--Department...
Section 34A-6-75 - Plan required for issuance of new or renewed permit. - 34A-6-75. Plan required for issuance of new or renewed permit....
Section 34A-6-76 - Documentation of beginning implementation of plan required for new or renewed permit. - 34A-6-76. Documentation of beginning implementation of plan required for new...
Section 34A-6-77 - Documentation of alternatives to landfills required for reissued or renewed permit. - 34A-6-77. Documentation of alternatives to landfills required for reissued or...
Section 34A-6-78 - Certification of landfill as necessary part of alternative solid waste management required for new permit. - 34A-6-78. Certification of landfill as necessary part of alternative solid...
Section 34A-6-79 - Assistance to individuals, businesses, government with regard to solid waste management--Specifications. - 34A-6-79. Assistance to individuals, businesses, government with regard to solid...
Section 34A-6-80 - Educational and training programs on solid waste management--Training program audiences. - 34A-6-80. Educational and training programs on solid waste management--Training program...
Section 34A-6-81 - Solid waste management disposal fee--Calculation. - 34A-6-81. Solid waste management disposal fee--Calculation. There is hereby imposed...
Section 34A-6-82 - Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records. - 34A-6-82. Payment of disposal fee by landfill owner--Accrual of obligation--Date...
Section 34A-6-83 - Tire solid waste management fee on motor vehicles--Collection. - 34A-6-83. Tire solid waste management fee on motor vehicles--Collection. There...
Section 34A-6-84 - Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property. - 34A-6-84. Payment of tire management fee by owner of motor...
Section 34A-6-85 - Deposit of fees in environment and natural resources fee fund and water and environment fund--Expenditures, grants, and loans from water and environment fund--Preferences. - 34A-6-85. Deposit of fees in environment and natural resources fee...
Section 34A-6-85.1 - Financial assistance for statewide cleanup of waste tires. - 34A-6-85.1. Financial assistance for statewide cleanup of waste tires. In...
Section 34A-6-87 - Illegal dumping penalties. - 34A-6-87. Illegal dumping penalties. It is unlawful to willfully dispose...
Section 34A-6-87.1 - Disposal of tire waste--Collection or processing sites--Penalties for violations. - 34A-6-87.1. Disposal of tire waste--Collection or processing sites--Penalties for violations....
Section 34A-6-89 - Scale device required--Records--Report--Contents--Permit for longer capacity disposal. - 34A-6-89. Scale device required--Records--Report--Contents--Permit for longer capacity disposal. Any solid...
Section 34A-6-91 - Wholesaler or retailer exchange of lead acid batteries. - 34A-6-91. Wholesaler or retailer exchange of lead acid batteries. Any...
Section 34A-6-92 - Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated garbage bags. - 34A-6-92. Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated...
Section 34A-6-93 - Infectious waste defined. - 34A-6-93. Infectious waste defined. For purposes of this chapter, the...
Section 34A-6-93.1 - Medical waste defined. - 34A-6-93.1. Medical waste defined. For purposes of this chapter, medical...
Section 34A-6-94 - Unlawful possession of infectious waste in the second degree--Violation as misdemeanor. - 34A-6-94. Unlawful possession of infectious waste in the second degree--Violation...
Section 34A-6-95 - First degree unlawful possession of infectious waste--Felony. - 34A-6-95. First degree unlawful possession of infectious waste--Felony. Except as...
Section 34A-6-96 - Unlawful release of infectious waste in fourth degree. - 34A-6-96. Unlawful release of infectious waste in fourth degree. A...
Section 34A-6-97 - Unlawful release of infectious waste in third degree. - 34A-6-97. Unlawful release of infectious waste in third degree. A...
Section 34A-6-98 - Unlawful release of infectious waste in second degree. - 34A-6-98. Unlawful release of infectious waste in second degree. A...
Section 34A-6-99 - Unlawful release of infectious waste in first degree. - 34A-6-99. Unlawful release of infectious waste in first degree. A...
Section 34A-6-100 - Unlawful dealing in infectious waste. - 34A-6-100. Unlawful dealing in infectious waste. No person may, with...
Section 34A-6-101 - Court-imposed monetary penalties. - 34A-6-101. Court-imposed monetary penalties. If a person is convicted of...
Section 34A-6-102 - Disposition of fines. - 34A-6-102. Disposition of fines. All fines and penalties collected pursuant...
Section 34A-6-102.1 - Unlawful release of medical waste to recycling disposal destination--Misdemeanor. - 34A-6-102.1. Unlawful release of medical waste to recycling disposal destination--Misdemeanor....
Section 34A-6-102.2 - Actual knowledge of hauler or transporter required. - 34A-6-102.2. Actual knowledge of hauler or transporter required. No hauler...
Section 34A-6-103 - County approval required for solid waste or medical waste transportation, storage, treatment or disposal. - 34A-6-103. County approval required for solid waste or medical waste...
Section 34A-6-103.1 - Board of commissioners' meetings required before approval of solid waste facility--Applicant to provide information--Preliminary approval--Notice--Costs of notice. - 34A-6-103.1. Board of commissioners' meetings required before approval of solid...
Section 34A-6-104 - Promulgation of certain rules in state solid waste programs. - 34A-6-104. Promulgation of certain rules in state solid waste programs....
Section 34A-6-105 - Big Stone power plant approved. - 34A-6-105. Big Stone power plant approved. Pursuant to the provisions...
Section 34A-6-106 - Sioux Falls/Regional Sanitary Landfill approved. - 34A-6-106. Sioux Falls/Regional Sanitary Landfill approved. Pursuant to the provisions...
Section 34A-6-107 - Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited--Violation as misdemeanor. - 34A-6-107. Purchase of certain beer kegs by recycler, scrap metal...
Section 34A-6-108 - Definition of terms. - 34A-6-108. Definition of terms. Terms used in this section and...
Section 34A-6-109 - Scrap metal business--Recordkeeping requirements. - 34A-6-109. Scrap metal business--Recordkeeping requirements. Each scrap metal business shall...
Section 34A-6-109.1 - Purchases to be made by check or electronic funds transfer. - 34A-6-109.1. Purchases to be made by check or electronic funds...
Section 34A-6-109.2 - Purchase of catalytic converters--Limitations. - 34A-6-109.2. Purchase of catalytic converters--Limitations. Only a scrap metal business...
Section 34A-6-110 - Scrap metal business records open to inspection by law enforcement officers. - 34A-6-110. Scrap metal business records open to inspection by law...
Section 34A-6-111 - Copies of scrap metal business records--Report of lost or stolen nonferrous metal property. - 34A-6-111. Copies of scrap metal business records--Report of lost or...
Section 34A-6-112 - Hold on nonferrous metal item suspected to be lost or stolen. - 34A-6-112. Hold on nonferrous metal item suspected to be lost...
Section 34A-6-113 - Disposal of certain oil and gas field liquid wastes prohibited. - 34A-6-113. Disposal of certain oil and gas field liquid wastes...
Section 34A-6-114 - Disposal of certain radionuclides at solid waste facility prohibited. - 34A-6-114. Disposal of certain radionuclides at solid waste facility prohibited....
Chapter 07 - Litter Disposal And Control
Section 34A-7-1 - Definition of terms. - 34A-7-1. Definition of terms. Terms used in this chapter mean:...
Section 34A-7-2 - Receptacles in public places. - 34A-7-2. Receptacles in public places. In order to assist the...
Section 34A-7-3 - Property where receptacles required. - 34A-7-3. Property where receptacles required. For purposes of §34A-7-2, the...
Section 34A-7-6 - Littering prohibited--Exceptions--Violation as misdemeanor. - 34A-7-6. Littering prohibited--Exceptions--Violation as misdemeanor. No person may dump, deposit,...
Section 34A-7-7 - Littering from motor vehicle prohibited--Transporting litter to highway or rest area receptacles prohibited--Violation as misdemeanor. - 34A-7-7. Littering from motor vehicle prohibited--Transporting litter to highway or...
Section 34A-7-8 - Motor vehicle littering as traffic violation--Forwarding of conviction report--Penalties not exclusive. - 34A-7-8. Motor vehicle littering as traffic violation--Forwarding of conviction report--Penalties...
Section 34A-7-9 - Accumulation of litter on property prohibited--Violation as misdemeanor. - 34A-7-9. Accumulation of litter on property prohibited--Violation as misdemeanor. No...
Section 34A-7-10 - Enforced removal of litter upon conviction of accumulation violation--Costs taxed against violator. - 34A-7-10. Enforced removal of litter upon conviction of accumulation violation--Costs...
Section 34A-7-11 - Injunction against continuing violators. - 34A-7-11. Injunction against continuing violators. The attorney general may file...
Section 34A-7-12 - Injunction of violations--Citizens' suits--Alternative or in addition to criminal proceedings. - 34A-7-12. Injunction of violations--Citizens' suits--Alternative or in addition to criminal...
Section 34A-7-13 - Application of chapter throughout state--Home rule ordinances permitted. - 34A-7-13. Application of chapter throughout state--Home rule ordinances permitted. This...
Section 34A-7-14 - Ordinances to regulate litter authorized. - 34A-7-14. Ordinances to regulate litter authorized. Municipalities and counties may...
Section 34A-7-15 - Arrest for violation of municipal litter ordinance--Notice to appear--Time--Refusal to give written promise to appear. - 34A-7-15. Arrest for violation of municipal litter ordinance--Notice to appear--Time--Refusal...
Section 34A-7-16 - Enforcement and prosecution. - 34A-7-16. Enforcement and prosecution. This chapter shall be enforced by...
Section 34A-7-17 - Punishment for litter with aggregate weight of over five pounds. - 34A-7-17. Punishment for litter with aggregate weight of over five...
Chapter 08 - Endangered And Threatened Species
Section 34A-8-1 - Definition of terms. - 34A-8-1. Definition of terms. Terms as used in this chapter,...
Section 34A-8-2 - Investigation of wildlife by secretary--Information developed. - 34A-8-2. Investigation of wildlife by secretary--Information developed. The game, fish...
Section 34A-8-3 - Lists of endangered and threatened species promulgated--Basis for determination. - 34A-8-3. Lists of endangered and threatened species promulgated--Basis for determination....
Section 34A-8-4 - Biennial review of lists of endangered and threatened species--Amendments. - 34A-8-4. Biennial review of lists of endangered and threatened species--Amendments....
Section 34A-8-5 - Lists of endangered or threatened species--Add or remove species. - 34A-8-5. Lists of endangered or threatened species--Add or remove species....
Section 34A-8-6 - Departments to manage, protect, and restore endangered and threatened species. - 34A-8-6. Departments to manage, protect, and restore endangered and threatened...
Section 34A-8-7 - Programs and agreements for management of endangered species--Prairie dog control on private lands. - 34A-8-7. Programs and agreements for management of endangered species--Prairie dog...
Section 34A-8-8 - Permitting capture of endangered and threatened species--Authorized purposes. - 34A-8-8. Permitting capture of endangered and threatened species--Authorized purposes. The...
Section 34A-8-9 - Possession, transportation and sale of endangered and threatened species prohibited--Violation as misdemeanor. - 34A-8-9. Possession, transportation and sale of endangered and threatened species...
Section 34A-8-10 - Importation, possession, sale, or purchase of endangered or threatened species under permit, license, or other documentation--Violation as misdemeanor. - 34A-8-10. Importation, possession, sale, or purchase of endangered or threatened...
Section 34A-8-11 - Permits for capture or destruction of, wildlife to protect life or property--Violation of permit--Emergency protection of human life. - 34A-8-11. Permits for capture or destruction of, wildlife to protect...
Section 34A-8-13 - Legislative approval required for reintroduction of species. - 34A-8-13. Legislative approval required for reintroduction of species. No species...
Chapter 08A - Species Of Management Concern
Section 34A-8A-1 - Definitions of terms in §§ 34A-8A-2 to 34A-8A-7. - 34A-8A-1. Definitions of terms in §§34A-8A-2 to 34A-8A-7. Terms used...
Section 34A-8A-2 - Promulgation of list of species of management concern--Factors considered. - 34A-8A-2. Promulgation of list of species of management concern--Factors considered....
Section 34A-8A-3 - Joint promulgation of rules. - 34A-8A-3. Joint promulgation of rules. Rules promulgated pursuant to §34A-8A-2...
Section 34A-8A-4 - Departments authorized to render assistance regarding species of management concern. - 34A-8A-4. Departments authorized to render assistance regarding species of management...
Section 34A-8A-5 - Acts or omissions constituting nuisances. - 34A-8A-5. Acts or omissions constituting nuisances. The following acts or...
Section 34A-8A-6 - Remedies for nuisances. - 34A-8A-6. Remedies for nuisances. In addition to any other remedies...
Section 34A-8A-7 - Abrogation of certain previous designations. - 34A-8A-7. Abrogation of certain previous designations. Designation as a species...
Section 34A-8A-8 - Prairie dog management plan. - 34A-8A-8. Prairie dog management plan. The Department of Game, Fish...
Section 34A-8A-9 - Changes or amendments to the state prairie dog management plan--Approval by Legislature. - 34A-8A-9. Changes or amendments to the state prairie dog management...
Chapter 09 - Environmental Impact Of Governmental Actions
Section 34A-9-1 - Definition of terms. - 34A-9-1. Definition of terms. Terms as used in this chapter,...
Section 34A-9-2 - Actions subject to chapter. - 34A-9-2. Actions subject to chapter. As used in this chapter,...
Section 34A-9-3 - Actions not subject to chapter. - 34A-9-3. Actions not subject to chapter. As used in this...
Section 34A-9-4 - Environmental impact statement authorized--Fee--Purpose. - 34A-9-4. Environmental impact statement authorized--Fee--Purpose. All agencies may prepare, or...
Section 34A-9-4.1 - Selection of contractor to prepare statement. - 34A-9-4.1. Selection of contractor to prepare statement. Any agency, other...
Section 34A-9-4.2 - Continuous appropriation of environmental impact statement file. - 34A-9-4.2. Continuous appropriation of environmental impact statement file. Any environmental...
Section 34A-9-5 - Draft impact statement--Contents. - 34A-9-5. Draft impact statement--Contents. As early as possible in the...
Section 34A-9-6 - Purpose of draft impact statement--Scoping meetings--Form and contents. - 34A-9-6. Purpose of draft impact statement--Scoping meetings--Form and contents. The...
Section 34A-9-7 - Contents of environmental impact statement. - 34A-9-7. Contents of environmental impact statement. An environmental impact statement...
Section 34A-9-8 - Circulation of draft statement for comment. - 34A-9-8. Circulation of draft statement for comment. The draft statement...
Section 34A-9-9 - Filing of impact statement and comments before taking action--Responses to comments. - 34A-9-9. Filing of impact statement and comments before taking action--Responses...
Section 34A-9-10 - Findings required as to compliance and actions to minimize environmental problems. - 34A-9-10. Findings required as to compliance and actions to minimize...
Section 34A-9-11 - Impact statement not required if federal statement required. - 34A-9-11. Impact statement not required if federal statement required. To...
Section 34A-9-12 - Prospective application of chapter. - 34A-9-12. Prospective application of chapter. The requirements of this chapter...
Section 34A-9-12.1 - Establishment of environmental impact statement preparation fund--Source of fund--Administration--Appropriation and expenditures. - 34A-9-12.1. Establishment of environmental impact statement preparation fund--Source of fund--Administration--Appropriation...
Section 34A-9-13 - Citation of chapter. - 34A-9-13. Citation of chapter. This chapter may be cited as...
Chapter 10 - Remedies For Protection Of Environment
Section 34A-10-1 - Parties entitled to maintain actions against pollution. - 34A-10-1. Parties entitled to maintain actions against pollution. The attorney...
Section 34A-10-2 - Parties entitled to intervene in proceedings involving pollution. - 34A-10-2. Parties entitled to intervene in proceedings involving pollution. If...
Section 34A-10-2.1 - Activity which could result in pollution, contamination, or degradation--Financial assurance concerning corrective action--Form and amount. - 34A-10-2.1. Activity which could result in pollution, contamination, or degradation--Financial...
Section 34A-10-2.2 - Right and title in bond or security--Form and amount. - 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. - 34A-10-2.3. Cleanup and remediation of environmental problems--Use of security. The...
Section 34A-10-2.4 - Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license. - 34A-10-2.4. Authority to promulgate rules regarding terms and release of...
Section 34A-10-2.5 - Failure to comply with order--Injunctive relief. - 34A-10-2.5. Failure to comply with order--Injunctive relief. The secretary of...
Section 34A-10-2.6 - Cleanup and remediation of environmental problems--Use of oil and gas well security. - 34A-10-2.6 . Cleanup and remediation of environmental problems--Use of oil...
Section 34A-10-3 - Security required of plaintiff. - 34A-10-3. Security required of plaintiff. If the court has reasonable...
Section 34A-10-4 - Appointment of master or referee--Qualifications. - 34A-10-4. Appointment of master or referee--Qualifications. The court may appoint...
Section 34A-10-5 - Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction. - 34A-10-5. Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction. If,...
Section 34A-10-6 - Judicial review by court originally taking jurisdiction. - 34A-10-6. Judicial review by court originally taking jurisdiction. If judicial...
Section 34A-10-7 - Adjudication by court after administrative proceedings--Additional evidence. - 34A-10-7. Adjudication by court after administrative proceedings--Additional evidence. Upon completion...
Section 34A-10-8 - Detrimental conduct prohibited when reasonable alternative available. - 34A-10-8. Detrimental conduct prohibited when reasonable alternative available. In any...
Section 34A-10-9 - Defendant rebutting evidence of pollution. - 34A-10-9. Defendant rebutting evidence of pollution. When the plaintiff in...
Section 34A-10-10 - Affirmative defense of no reasonable alternative--Burden of proof and weight of evidence. - 34A-10-10. Affirmative defense of no reasonable alternative--Burden of proof and...
Section 34A-10-11 - Equitable relief against detrimental conduct--Conditions imposed on defendant. - 34A-10-11. Equitable relief against detrimental conduct--Conditions imposed on defendant. The...
Section 34A-10-12 - Apportionment of costs. - 34A-10-12. Apportionment of costs. Costs may be apportioned to the...
Section 34A-10-13 - Collateral estoppel--Res judicata. - 34A-10-13. Collateral estoppel--Res judicata. The doctrines of collateral estoppel and...
Section 34A-10-14 - Chapter supplementary to other procedures. - 34A-10-14. Chapter supplementary to other procedures. This chapter shall be...
Section 34A-10-15 - Citation of chapter. - 34A-10-15. Citation of chapter. This chapter shall be known and...
Section 34A-10-16 - Enforcement action by department. - 34A-10-16. Enforcement action by department. The department need not exhaust...
Section 34A-10-17 - Obtaining voluntary compliance--Administrative settlement agreements. - 34A-10-17. Obtaining voluntary compliance--Administrative settlement agreements. Nothing in this chapter...
Chapter 11 - Hazardous Waste Management
Section 34A-11-1 - Public policy. - 34A-11-1. Public policy. It is the public policy of this...
Section 34A-11-2 - Definitions. - 34A-11-2. Definitions. Terms as used in this chapter mean: (1)"Board,"...
Section 34A-11-3 - Department designated as state agency under federal law. - 34A-11-3. Department designated as state agency under federal law. The...
Section 34A-11-4 - Functions of department and board. - 34A-11-4. Functions of department and board. The Department of Agriculture...
Section 34A-11-5 - Cooperation with other agencies and groups. - 34A-11-5. Cooperation with other agencies and groups. The Department of...
Section 34A-11-6 - Acceptance of loans and grants. - 34A-11-6. Acceptance of loans and grants. The Department of Agriculture...
Section 34A-11-7 - Employment of personnel. - 34A-11-7. Employment of personnel. In accordance with the laws of...
Section 34A-11-8 - Rules identifying characteristics and listing hazardous wastes. - 34A-11-8. Rules identifying characteristics and listing hazardous wastes. The Board...
Section 34A-11-9 - Promulgation of rules governing hazardous wastes--Civil penalty for violation. - 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. - 34A-11-10. Notification of hazardous waste activity required--Civil penalty for violation....
Section 34A-11-11 - Complaint alleging violation--Investigation--Report--Enforcement action. - 34A-11-11. Complaint alleging violation--Investigation--Report--Enforcement action. Any person may file a...
Section 34A-11-12 - Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation. - 34A-11-12. Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty...
Section 34A-11-12.1 - Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees. - 34A-11-12.1. Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs...
Section 34A-11-13 - Application for permits--Rules--Hearings. - 34A-11-13. Application for permits--Rules--Hearings. The Board of Minerals and Environment...
Section 34A-11-14 - Terms and conditions of permits--Civil penalty for violation. - 34A-11-14. Terms and conditions of permits--Civil penalty for violation. Any...
Section 34A-11-15 - Revocation, modification, or suspension of permit--Grounds. - 34A-11-15. Revocation, modification, or suspension of permit--Grounds. Any permit issued...
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...
Section 34A-11-16.1 - Annual fee for inspection and monitoring. - 34A-11-16.1. Annual fee for inspection and monitoring. The department shall...
Section 34A-11-17 - Notice and order for correction of violation. - 34A-11-17. Notice and order for correction of violation. If the...
Section 34A-11-18 - Hearing on violation--Time for request--Notice--Action by board. - 34A-11-18. Hearing on violation--Time for request--Notice--Action by board. The notice...
Section 34A-11-19 - Circuit court action against violator--Injunction. - 34A-11-19. Circuit court action against violator--Injunction. In lieu of, or...
Section 34A-11-21 - Violations classified as felonies. - 34A-11-21. Violations classified as felonies. Any person who knowingly transports...
Section 34A-11-22 - Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor. - 34A-11-22. Public access to information--Confidential information excepted--Disclosure of protected information...
Section 34A-11-23 - Other rights to abate nuisances and pollution unaffected. - 34A-11-23. Other rights to abate nuisances and pollution unaffected. Nothing...
Section 34A-11-24 - Hazardous waste revolving fund--Administration--Use of funds. - 34A-11-24. Hazardous waste revolving fund--Administration--Use of funds. There is hereby...