CHAPTER 34-21
RADIATION AND URANIUM RESOURCES EXPOSURE CONTROL
34-21-1 State policy as to uses of radiation and uranium resources.
34-21-1.1 Waste disposal--Approval required--Uranium ore and mine tailings excepted.
34-21-2 Definition of terms.
34-21-3 Governor's agreement for discontinuance of federal responsibility--Nuclear Regulatory Commission--Conditioned.
34-21-4.1 Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all healing arts to secretary of Department of Health.
34-21-5 Employment of personnel by agency--Delegation of functions.
34-21-6 Training programs to qualify personnel--Participation in federal and interstate programs.
34-21-7 Development of comprehensive policies and programs.
34-21-8 Investigations and research in radiation problems and monitoring.
34-21-9 Consultation and cooperation with federal, public and other agencies.
34-21-10 Acceptance and administration of loans and grants.
34-21-11 Collection and dissemination of information.
34-21-12 Adoption and enforcement of rules and regulations.
34-21-13 Programs for regulation and inspection--Preoperational environmental radiological monitoring plans.
34-21-14 Incidental powers of agency.
34-21-15 Rules and regulations for control of radiation.
34-21-16 Unauthorized use of radioactive materials as misdemeanor.
34-21-17 Opinions on construction plans--Information from federal and private entities.
34-21-18 Licensing of ionizing radiation sources--Fees.
34-21-19 Rules and regulations for licensing of nuclear materials and equipment.
34-21-20 Registration or licensing required for handling of radioactive materials--Misdemeanor--Exemption of materials without hazard.
34-21-21 Recognition of other state or federal licenses--Previously issued federal license.
34-21-22 Notice to secretary of extension or alteration of program by registrant or licensee--Failure to notify as misdemeanor.
34-21-23 Unauthorized exposure to diagnostic or therapeutic radiation as misdemeanor.
34-21-24 Records required with respect to ionizing radiation sources and environmental monitoring.
34-21-25 Individual exposure records for ionizing radiation.
34-21-26 Records submitted to agency on request.
34-21-27 Individual exposure records furnished to employees.
34-21-28 Access of agency personnel to premises for inspection and investigations--Examination and maintenance of records.
34-21-29 Inspection of radiation sources to evaluate compliance--Upgrading monitoring program.
34-21-30 Inspections for radiation hazards--Report to operator.
34-21-31 Orders abating discharge of radioactive material.
34-21-32 Impounding of radiation sources for violations.
34-21-33 Files maintained by agency.
34-21-34 Procedure on license matters.
34-21-35 Notice of suspected violations--Opportunity for hearing.
34-21-36 Order finding violation--Forwarding to violator.
34-21-37 Hearing on suspected violation--Hearing officers.
34-21-38 Findings and decision.
34-21-39 Emergency order to protect public health and safety--Immediate effect.
34-21-40 Hearing on emergency order--Finality of order.
34-21-41 Appeal from agency order or determination.
34-21-42 34-21-42, 34-21-43. Omitted.
34-21-44 Violation as misdemeanor--Injunction--Each day as separate violation.
34-21-45 Injunction proceedings brought by attorney general.
34-21-46 Chapter supplementary to other legislation.
34-21-47 Notice by federal agency prior to transmitting waste.
34-21-48 Time for notice.
34-21-49 Transportation without timely notice prohibited.
34-21-50 Investigation of waste disposal applicants located within fifty miles of state borders.
34-21-51 Investigation objectives.
34-21-52 Felony convictions or permit violations by applicant may result in legal actions.
34-21-1. State policy as to uses of radiation and uranium resources.
Whereas radiation and uranium resources can be instrumental in the improvement of health, welfare, and productivity of the public if properly utilized and developed, and may impair the health of the people and the industrial and agricultural potentials of the state if improperly utilized or developed, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation, proper development of uranium resources, and control of any associated harmful effects.
Source: SL 1957, ch 122, § 1; SDC Supp 1960, § 27.17A01; SL 1980, ch 242, § 1.
34-21-1.1. Waste disposal--Approval required--Uranium ore and mine tailings excepted.
The containment, disposal, or deposit of high level and nuclear fuel cycle wastes, defense wastes, nuclear wastes, radioactive substances, or radioactively contaminated materials or the processing of high level nuclear wastes may not be established, allowed or permitted within the boundaries of the State of South Dakota, unless prior approval has been granted by the Governor and the Legislature, except that uranium ore or uranium mine tailings are not affected by this section. Low level nuclear wastes may not be disposed of without approval of the department and secretary of agriculture and natural resources and in accordance with regulations promulgated according to this chapter and chapter 34A-6.
Source: SL 1977, ch 283; SL 1980, ch 242, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2017, ch 159, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34-21-2. Definition of terms.
Terms used in this chapter mean:
(1) By-product material, any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2) General license, a license effective pursuant to regulations promulgated by the agency, without the filing of any application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially;
(3) Nuclear energy, all forms of energy released in the course of nuclear fission or nuclear transformation;
(4) Person, any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto;
(5) Radiation machine, any device that produces radiations when the associated control devices are activated;
(6) Radiation or ionizing radiation, gamma rays or X rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light;
(7) Radioactive material, any material, solid, liquid, or gas which emits radiation spontaneously;
(8) Source material:
(a) Uranium, thorium, or any other material which the agency declares by order to be source material. United States Nuclear Regulatory Commission determination that a material is a source material shall be considered as evidence in the agency declaration; or
(b) Ores containing one or more of the foregoing materials, in such concentration as the agency declares by order to be source material. United States Nuclear Regulatory Commission determination that a material is a source material shall be considered as evidence in the agency declaration;
(9) Sources of ionizing radiation, any radioactive materials or any device or equipment emitting or capable of producing ionizing radiation;
(10) Special nuclear material:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the agency declares by order to be special nuclear material. United States Nuclear Regulatory Commission determination that a material is special nuclear material shall be considered as evidence in the agency declaration; or
(b) Any material artificially enriched by any of the foregoing, but does not include source material;
(11) Specific license, a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.
Source: SL 1957, ch 122, § 2; SDC Supp 1960, § 27.17A02; SL 1967, ch 107, § 1; SL 1978, ch 250, §§ 1, 2; SL 1994, ch 351, § 62.
34-21-3. Governor's agreement for discontinuance of federal responsibility--Nuclear Regulatory Commission--Conditioned.
The Governor, on behalf of this state, is authorized to enter into agreements with the United States Nuclear Regulatory Commission providing for the discontinuance of certain regulatory authority of the Commission and the assumption thereof by this state, as provided for in 42 U.S.C. § 2021(b) (August 8, 2005). This authority is granted only under the condition that moneys are made available for the establishment of an adequate radiation protection program prior to the signing of this agreement.
Source: SDC Supp 1960, § 27.17A09 as added by SL 1967, ch 107, § 4; SL 2024, ch 141, § 1.
34-21-4.1. Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all healing arts to secretary of Department of Health.
The authority and function of the Department of Water and Natural Resources and the Board of Minerals and Environment as it related to the enforcement of radiation safety control activities and measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of medicine, chiropractic, podiatry, dentistry, veterinary, and all the healing arts are transferred to the secretary of the Department of Health. The secretary of health shall perform and carry out all the functions and duties relative to the enforcement of radiation safety control activities and measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of medicine, chiropractic, podiatry, dentistry, veterinary, and all the healing arts including, but not limited to, the authority for requiring the taking out of licenses for devices and sources and the authority to adopt, promulgate and enforce rules as may be necessary to implement or effectuate the powers and duties of the department.
Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 18.
34-21-5. Employment of personnel by agency--Delegation of functions.
In accordance with the laws of the state, the agency may employ, compensate, and prescribe the powers and duties of such persons as may be necessary to carry out the provisions of this chapter.
The secretary may delegate to officers and employees of the agency such functions, duties, and authority as are vested in the agency by this chapter; except the authority to adopt and promulgate standards, rules, and regulations, and to issue or modify orders.
Source: SL 1957, ch 122, § 3; SDC Supp 1960, § 27.17A03.
34-21-6. Training programs to qualify personnel--Participation in federal and interstate programs.
The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter, and may make personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.
Source: SDC Supp 1960, § 27.17A04 (11) as added by SL 1967, ch 107, § 2.
34-21-7. Development of comprehensive policies and programs.
The agency shall develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation, the development of uranium resources, and the natural occurrences of radiation and for their mitigation.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (1); SL 1967, ch 107, § 2; SL 1980, ch 242, § 3.
34-21-8. Investigations and research in radiation problems and monitoring.
The agency may encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation hazards, measurement of radiation, effects on health of exposure to radiation, monitoring of radiation levels in the environment and related problems as it may deem necessary or advisable for the discharge of its duties under this chapter.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (4); SL 1967, ch 107, § 2; SL 1980, ch 242, § 4.
34-21-9. Consultation and cooperation with federal, public and other agencies.
The agency shall advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter and to avoid duplication of effort.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (2); SL 1967, ch 107, § 2; SL 1980, ch 242, § 5.
34-21-10. Acceptance and administration of loans and grants.
The agency may accept and administer loans, grants, or gifts from the federal government and from other sources, public or private, for carrying out of any of its functions.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (3); SL 1967, ch 107, § 2.
34-21-11. Collection and dissemination of information.
The agency shall collect and disseminate information relating to the determination and control of radiation exposure hazards.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (5); SL 1967, ch 107, § 2.
34-21-12. Adoption and enforcement of rules and regulations.
The agency shall, in compliance with chapter 1-26, and upon recommendation of the Board of Minerals and Environment, adopt, promulgate, and enforce any rules and regulations as may be necessary to implement or effectuate the powers and duties of the agency under this chapter.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (6); SL 1967, ch 107, § 2; SL 1980, ch 242, § 6.
34-21-13. Programs for regulation and inspection--Preoperational environmental radiological monitoring plans.
The agency shall develop programs, with due regard for compatibility with federal programs, for regulation and inspection of by-product, source, and special nuclear materials and other sources of radiation. The agency may require persons responsible for facilities which may release radiation to the environment to monitor those facilities for radiation releases to the environment. The agency may require that any government agency, person, private business, industry, or corporation involved in uranium exploration, mining, milling, or processing activities shall develop a preoperational environmental radiological monitoring plan which must be approved by the agency prior to the commencement of any such activity. The preoperational environmental monitoring plan must include background radiological monitoring. Any such plan developed to comply with federal law may be used to comply with this section.
Source: SDC Supp 1960, § 27.17A04 (17) as added by SL 1967, ch 107, § 2; SL 1980, ch 242, § 7.
34-21-14. Incidental powers of agency.
The agency may exercise all incidental powers necessary to carry out the purposes of this chapter.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (10); SL 1967, ch 107, § 2.
34-21-15. Rules and regulations for control of radiation.
The agency shall, in compliance with chapter 1-26, prescribe rules or regulations necessary for the control of radiation.
Source: SDC Supp 1960, § 27.17A04 (12) as added by SL 1967, ch 107, § 2; SL 1972, ch 15, § 4.
34-21-16. Unauthorized use of radioactive materials as misdemeanor.
It is a Class 1 misdemeanor for any person to produce radiation, or to produce, use, store, or dispose of radioactive materials, except in accordance with the provisions of this chapter and rules and regulations promulgated thereunder.
Source: SL 1957, ch 122, § 5; SDC Supp 1960, § 27.17A05; SL 1967, ch 107, § 3; SL 1977, ch 190, § 52.
34-21-17. Opinions on construction plans--Information from federal and private entities.
The agency, upon request, shall render opinions concerning plans and specifications on the design and shielding for radiation sources that may be submitted before or after construction, for the purpose of determining the possible radiation hazard. The agency shall request that the United States Nuclear Regulatory Commission or other federal agencies submit information pertinent to uranium mining, milling, and exploratory activities to the Department of Agriculture and Natural Resources before those activities commence for the purposes of evaluating the potential for release of radiation to the environment. This information may also be submitted by any person, private business, industry, or corporation involved in uranium mining, milling, and exploration.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (8); SL 1967, ch 107, § 2; SL 1980, ch 242, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34-21-18. Licensing of ionizing radiation sources--Fees.
The Department of Health may require licensing of all sources of ionizing radiation. The annual license shall be accompanied by an annual license fee. The annual license fee shall be as follows:
(1) One diagnostic X ray system, one hundred dollars;
(2) Two to five diagnostic X ray systems, inclusive, one hundred fifty dollars;
(3) Six to ten diagnostic X ray systems, inclusive, two hundred dollars;
(4) Eleven to twenty diagnostic X ray systems, inclusive, two hundred fifty dollars; and
(5) Twenty-one or more diagnostic X ray systems, three hundred dollars.
For the purposes of this section, diagnostic X ray system means an X ray system designed for irradiation of any part of the human or animal body for the purpose of diagnosis or visualization.
Source: SDC Supp 1960, § 27.17A04 (18) as added by SL 1967, ch 107, § 2; SL 2004, ch 233, § 1; SL 2009, ch 164, § 5.
34-21-19. Rules and regulations for licensing of nuclear materials and equipment.
The agency, upon recommendation of the Board of Minerals and Environment, shall, in compliance with chapter 1-26, provide by rules or regulations for general or specific licensing of by-product, source, and special nuclear materials, or devices or equipment utilizing those materials. The rules or regulations shall provide for amendment, suspension, or revocation of licenses, subject to chapter 1-26.
Source: SDC Supp 1960, § 27.17A04 (16) as added by SL 1967, ch 107, § 2; SL 1980, ch 242, § 9.
34-21-20. Registration or licensing required for handling of radioactive materials--Misdemeanor--Exemption of materials without hazard.
It is a Class 1 misdemeanor for any person to produce radiation, or to produce, transport, transfer, receive, acquire, possess, use, store, or dispose of radioactive materials, unless the person registers in writing with the secretary or obtains a license from the secretary in accordance with the procedures prescribed by such secretary. The secretary may exempt from registration or licensing radiation machines or radioactive materials known to be without hazard.
Source: SL 1957, ch 122, § 5; SDC Supp 1960, § 27.17A05; SL 1967, ch 107, § 3; SL 1977, ch 190, § 53.
34-21-21. Recognition of other state or federal licenses--Previously issued federal license.
The agency may provide for recognition of other state or federal licenses as the agency may deem desirable. Any person who, on the effective date of an agreement under § 34-21-3, possesses a radiation license issued by the federal government shall be deemed to possess the same pursuant to a license issued under this chapter, which shall expire either ninety days after receipt from the agency of a notice of expiration or on the date of expiration specified in the federal license, whichever is earlier.
Source: SDC Supp 1960, § 27.17A04 (13) as added by SL 1967, ch 107, § 2; SDC Supp 1960, § 27.17A09 as added by SL 1967, ch 107, § 4.
34-21-22. Notice to secretary of extension or alteration of program by registrant or licensee--Failure to notify as misdemeanor.
It is a Class 1 misdemeanor for any person registered or licensed with the agency pursuant to § 34-21-20 to modify, extend, or alter programs involving the production of radiation or the production, use, storage, or disposal of radioactive materials unless he notifies the secretary in accordance with procedures prescribed by the secretary.
Source: SL 1957, ch 122, § 5; SDC Supp 1960, § 27.17A05; SL 1967, ch 107, § 3; SL 1977, ch 190, § 54.
34-21-23. Unauthorized exposure to diagnostic or therapeutic radiation as misdemeanor.
It is a Class 1 misdemeanor for any person to expose any other person to diagnostic or therapeutic radiation unless:
(1) The person giving diagnostic or therapeutic radiation is licensed to practice the healing art or is a duly licensed dentist in the State of South Dakota;
(2) The person gives diagnostic or therapeutic radiation exposure upon the direction of a person licensed to practice the healing art or a duly licensed dentist in the State of South Dakota.
Source: SL 1957, ch 122, § 6; SDC Supp 1960, § 27.17A06; SL 1977, ch 190, § 55.
34-21-24. Records required with respect to ionizing radiation sources and environmental monitoring.
The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and any other records as the agency may require subject to any exemptions provided by rules or regulations. Records shall be kept relating to any environmental monitoring of radiation and shall be submitted to the agency on request.
Source: SDC Supp 1960, § 27.17A04 (19) as added by SL 1967, ch 107, § 2; SL 1980, ch 242, § 10.
34-21-25. Individual exposure records for ionizing radiation.
The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules and regulations of the agency.
Source: SDC Supp 1960, § 27.17A04 (20) as added by SL 1967, ch 107, § 2.
34-21-26. Records submitted to agency on request.
Copies of the records required to be kept by §§ 34-21-24 and 34-21-25 shall be submitted to the agency on request.
Source: SDC Supp 1960, § 27.17A04 (20) as added by SL 1967, ch 107, § 2.
34-21-27. Individual exposure records furnished to employees.
Any person possessing or using a source of ionizing radiation shall furnish to each employee, for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, at any time such employee has received excessive exposure, and upon termination of employment.
Source: SDC Supp 1960, § 27.17A04 (20) as added by SL 1967, ch 107, § 2.
34-21-28. Access of agency personnel to premises for inspection and investigations--Examination and maintenance of records.
The agency or its authorized representative may enter at reasonable times upon any private or public property for the purpose of inspecting, monitoring, and investigating conditions relative to the purposes of this chapter.
Any authorized representative of the agency may examine any records or memoranda pertaining to the operation of radiation machines, exposure to radioactive materials, and exposures to radiation related to uranium mining and milling. The agency shall require the maintenance of records relating to the operation of disposal systems which may include mining and milling wastes. Copies of those records must be submitted to the agency.
Source: SL 1957, ch 122, § 8; SDC Supp 1960, § 27.17A08; SL 1980, ch 242, § 11.
34-21-29. Inspection of radiation sources to evaluate compliance--Upgrading monitoring program.
Designated representatives of the agency shall inspect and examine any sources of radiation it desires, in order to evaluate compliance with the adopted radiation-protection and monitoring standards of the agency. If it is determined that environmental monitoring standards of the agency are not being met, the agency shall commence a monitoring program at that site and shall require the site owner to upgrade its monitoring program or cease operations.
Source: SL 1957, ch 122, § 7; SDC Supp 1960, § 27.17A07; SL 1980, ch 242, § 12.
34-21-30. Inspections for radiation hazards--Report to operator.
The agency may make inspections of radiation sources, shielding, and immediate surroundings for the determination of any possible radiation hazard; and shall provide the owner, user, or operator thereof with a report of any known or suspected deficiencies.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (9); SL 1967, ch 107, § 2.
34-21-31. Orders abating discharge of radioactive material.
The agency may, subject to chapter 1-26, issue, modify or revoke orders prohibiting or abating the discharge of radioactive material or waste into the ground, air, or waters of the state in accordance with the provisions of this chapter and rules and regulations adopted thereunder.
Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (7); SL 1967, ch 107, § 2; SL 1972, ch 15, § 4.
34-21-32. Impounding of radiation sources for violations.
The agency shall have authority, subject to chapter 1-26, to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provision of this chapter or any rules or regulations issued hereunder.
Source: SDC Supp 1960, § 27.17A04 (15) as added by SL 1967, ch 107, § 2; SL 1972, ch 15, § 4.
34-21-33. Files maintained by agency.
The agency shall maintain a file of:
(1) All license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, revocations, and any administrative or judicial action pertaining thereto;
(2) Registrants possessing sources of ionizing radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto;
(3) All rules and regulations relating to regulation of sources of ionizing radiation, pending, or promulgated, and proceedings thereon; and
(4) All monitoring data gathered by or submitted to the agency.
Source: SDC Supp 1960, § 27.17A04 (14) as added by SL 1967, ch 107, § 2; SL 1980, ch 242, § 13.
34-21-34. Procedure on license matters.
In any proceeding under this chapter for the granting, suspending, revoking, or amending any license, the agency shall be subject to chapter 1-26.
Source: SL 1967, ch 107, § 5 (a); SL 1972, ch 15, § 4.
34-21-35. Notice of suspected violations--Opportunity for hearing.
When the agency, or any of its duly authorized agents, determines that there are reasonable grounds to believe a violation of the provisions of this chapter or of the rules and regulations of the agency has occurred, the director of the agency shall give notice and opportunity for hearing pursuant to chapter 1-26.
Source: SL 1967, ch 107, § 5 (b); SL 1972, ch 15, § 4.
34-21-36. Order finding violation--Forwarding to violator.
If a hearing is not requested within fifteen days after the receipt of the notice given pursuant to § 34-21-35, the agency shall issue its order finding that the violation of the chapter or the rules and regulations of the agency has or has not occurred, and shall forthwith forward a copy of such order by registered or certified mail to said person. Such order shall be final and may not be appealed from.
Source: SL 1967, ch 107, § 5 (b); SL 1972, ch 15, § 3.
34-21-37. Hearing on suspected violation--Hearing officers.
If a hearing is requested after notice given pursuant to § 34-21-35, such hearing shall be held in compliance with chapter 1-26 within thirty days after the receipt of the request for hearing. Hearings may be conducted by the secretary or hearing officers appointed by the agency. Such hearing officers shall be persons who are not regular employees of the agency.
Source: SL 1967, ch 107, § 5 (b); SL 1972, ch 15, § 4.
34-21-38. Findings and decision.
On the basis of the evidence produced at a hearing pursuant to § 34-21-37, the secretary or hearing officer shall, in compliance with chapter 1-26, make and promulgate findings, a decision and, if appropriate, an order.
Source: SL 1967, ch 107, § 5 (b); SL 1972, ch 15, §§ 3, 4.
34-21-39. Emergency order to protect public health and safety--Immediate effect.
Whenever the secretary finds that an emergency exists requiring immediate action to protect the public health and safety, he may without notice issue an emergency order reciting that an emergency exists and requiring that such action be taken as is necessary to meet the emergency. Such an order may be issued orally to the person or persons whose operation constitutes the emergency by the secretary or his duly authorized representative and confirmed by a copy of such order mailed within twenty-four hours after the issuance of such oral order. Such emergency order shall be effective immediately and any person to whom such order is directed shall comply therewith immediately.
Source: SL 1967, ch 107, § 5 (c).
34-21-40. Hearing on emergency order--Finality of order.
Any person aggrieved by the issuance of any emergency order pursuant to § 34-21-39 shall be entitled to a hearing in the same manner as is provided in §§ 34-21-35 to 34-21-38, inclusive. On the basis of such hearing the emergency order may be continued, revoked, or modified as the circumstances may require. Time limits for giving notice and for such order to become final as provided in §§ 34-21-35 to 34-21-38, inclusive, shall apply.
Source: SL 1967, ch 107, § 5 (c).
34-21-41. Appeal from agency order or determination.
An appeal may be taken from any final order or final determination of the agency as provided by chapter 1-26.
Source: SL 1967, ch 107, § 5 (d); SL 1972, ch 15, § 4.
34-21-44. Violation as misdemeanor--Injunction--Each day as separate violation.
Any person who violates any of the provisions of, or who fails to perform any duty imposed by this chapter, or who violates any order or rule of the secretary promulgated pursuant to this chapter, shall be guilty of a Class 1 misdemeanor, and in addition thereto may be enjoined in a civil action by a court of competent jurisdiction from continuing such violation. Each day upon which such violation occurs shall constitute a separate violation.
Source: SL 1957, ch 122, § 9; SDC Supp 1960, § 27.9959; SL 1977, ch 190, § 56.
34-21-45. Injunction proceedings brought by attorney general.
It shall be the duty of the attorney general on the request of the agency to bring any action for an injunction against any person violating the provisions of this chapter, or violating any rule or order of the agency.
Source: SL 1957, ch 122, § 9; SDC Supp 1960, § 27.9959.
34-21-46. Chapter supplementary to other legislation.
This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary thereto, except to the extent that the same are in direct conflict herewith.
Source: SL 1957, ch 122, § 10; SDC Supp 1960, § 27.17A09; SL 1967, ch 107, § 4.
34-21-47. Notice by federal agency prior to transmitting waste.
Any agency of the United States government shall notify the Governor before transporting any radioactive waste through the state.
Source: SL 1980, ch 243, § 1.
34-21-48. Time for notice.
The notice required in § 34-21-47 shall be delivered, in writing, at least seventy-two hours before the transporting occurs.
Source: SL 1980, ch 243, § 2.
34-21-49. Transportation without timely notice prohibited.
Unless the terms of §§ 34-21-47 and 34-21-48 are complied with no radioactive waste may be transported through the state.
Source: SL 1980, ch 243, § 3.
34-21-50. Investigation of waste disposal applicants located within fifty miles of state borders.
If any application is filed with any local, state, or federal agency for a permit for any facility or operation for the transportation, storage, treatment, or disposal of radioactive waste or hazardous waste within fifty miles of the borders of the State of South Dakota, which may pose a threat to the natural or financial resources of the state, the attorney general, with the assistance of the Department of Agriculture and Natural Resources, shall investigate the background of the applicant pursuant to § 34-21-51.
Source: SL 1990, ch 272, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34-21-51. Investigation objectives.
The investigation required in § 34-21-50 shall ascertain whether the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has, during the previous ten years:
(1) Been convicted of or pled guilty to any violation of federal or state law pertaining to the transportation, storage, treatment, or disposal of low-level radioactive waste or hazardous waste; or
(2) Violated the conditions of any permit granted by a state or federal agency for the transportation, storage, treatment, or disposal of low-level radioactive waste or hazardous waste.
The investigation shall also ascertain to the extent reasonably possible whether the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has demonstrated its inability to safely provide for the transportation, storage, treatment, or disposal of low-level radioactive waste or hazardous waste.
Source: SL 1990, ch 272, §§ 2, 2A.
34-21-52. Felony convictions or permit violations by applicant may result in legal actions.
If the investigation required in §§ 34-21-50 and 34-21-51 finds that the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has been convicted of a felony as provided in § 34-21-50, or has violated any permit, as provided in § 34-21-51, the attorney general shall take steps to ensure that the information is brought to the attention of the appropriate board or commission and shall take such legal action he believes to be appropriate.
Source: SL 1990, ch 272, § 3.
