1-41-9. Repealed.

Source: SL 1985, ch 399, § 19; SL 2021, ch 1 (Ex. Ord. 21-3), § 49, eff. Apr. 19, 2021.

1-41-10. Repealed.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 33; SL 2021, ch 1 (Ex. Ord. 21-3), § 50, eff. Apr. 19, 2021.

1-41-11. Board of Water and Natural Resources created--Functions--Appointment and terms of members.

The Board of Natural Resource Development is abolished. There is created a Board of Water and Natural Resources. The board shall perform all functions exercised by the former Board of Natural Resource Development. The Board of Water and Natural Resources shall consist of seven members not all of the same political party and appointed by the Governor for four-year terms. The terms of members of the Board of Water and Natural Resources who are first appointed after the effective date of this order shall be: one appointed for a term of one year; two appointed for a term of two years; two for a term of three years; and two for a term of four years, and such initial terms shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1973, ch 2, § 120; SL 1979, ch 354, §§ 18, 19; SDCL § 1-40-5; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-11.1. Officers of board--Quorum--Removal of members.

The Board of Water and Natural Resources shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The members are removable for cause only.

Source: SL 1973, ch 2, § 120; SL 1974, ch 3, § 37; SL 2011, ch 165, § 1; SDCL § 1-40-6; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-11.2. Water Management Board--Transfer of certain functions to Board of Water and Natural Resources.

The functions of the Water Management Board relating to water pollution control grants, community water systems grants, and lake protection grants, respectively, are transferred to the Board of Water and Natural Resources.

Source: SL 1981, ch 374, § 17; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1993, ch 34, § 2; SDCL § 1-40-20.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021; SL 2021, ch 163, § 1.

1-41-12. State geologist--Duties.

The secretary of the Department of Agriculture and Natural Resources may employ a geologist with an advanced degree in geology or related physical science as the state geologist. The state geologist shall act as advisor to the secretary in all matters pertaining to geology, hydrology, and natural history. The state geologist shall primarily conduct research to evaluate the natural resources of the state.

Source: SL 1973, ch 2, § 119; SL 1991, ch 17 (Ex. Ord. 91-4), § 20; SL 2017, ch 10, § 1; SDCL § 1-40-7; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-12.1. Performance of functions of state geologist relating to oil and gas conservation.

The functions of the state geologist relative to oil and gas conservation, pursuant to chapter 45-9, are transferred to the Department of Agriculture and Natural Resources and the secretary of agriculture and natural resources.

Source: SL 1984, ch 343, § 24; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-7.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-13. Performance of administrative functions of conservancy district board.

Except as provided in § 1-41-13.1, the Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the former board of directors of the South Dakota Conservancy District, created by chapter 46A-2.

Source: SL 1973, ch 2, §§ 122, 123; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-9; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.

1-41-13.1. Performance of nonadministrative functions of conservancy district board.

The Board of Water and Natural Resources created by this chapter shall perform all quasi-legislative, quasi-judicial, advisory, and special budgetary functions (as defined in § 1-32-1) of the former board of directors of the South Dakota Conservancy District, created by chapter 46A-2.

Source: SL 1973, ch 2, §§ 122, 123; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2004, ch 17, § 5; SDCL § 1-40-10; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-14. Performance of administrative development functions of Water Resources Commission.

Except as provided in § 1-41-14.1, the Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the former Water Resources Commission relating to assisting and joining in arrangements or activities to promote water and related land development.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-11; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.

1-41-14.1. Performance of nonadministrative development functions of former Water Resources Commission.

The Board of Water and Natural Resources created by this chapter shall perform all quasi-legislative, quasi-judicial, advisory, and special budgetary functions (as defined in § 1-32-1) of the former Water Resources Commission relating to assisting and joining in arrangements or activities to promote water and related land development.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2005, ch 10, § 38; SDCL § 1-40-12; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-15. Water Management Board created--Appointment and terms of members.

There is created a Water Management Board within the Department of Agriculture and Natural Resources. The board shall consist of seven members to be appointed by the Governor for a term of four years, and no more than four members shall be of the same political party. The terms of members of the Water Management Board who are first appointed after the effective date of this order shall be: two appointed for a term of one year; two appointed for a term of two years; two for a term of three years; and one for a term of four years, and such initial terms are to be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1979, ch 354, §§ 24, 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-15; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-15.1. Qualifications of Water Management Board members.

One member of the Water Management Board shall be appointed to represent the public at large. One member shall be a person who holds a valid South Dakota well driller's license and is a South Dakota resident. One member shall be experienced in municipal government and operations. One member shall be experienced in irrigation methods and techniques. One member shall have knowledge of the concerns of domestic water users. One member shall be experienced in the area of industrial uses of water. One member shall represent fish and wildlife interests.

Source: SL 1979, ch 354, § 26; SL 1995, ch 11, § 1; SDCL § 1-40-16; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-15.2. Quorum of Water Management Board.

A majority of the appointed members of the Water Management Board constitutes a quorum. A majority of those present and voting is sufficient to perform official functions of the board.

Source: SL 1979, ch 354, § 27; SL 2011, ch 165, § 2; SDCL § 1-40-17; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-15.3. Officers of Water Management Board--Meetings.

The Water Management Board shall annually elect a chair, vice chair, and secretary. A prehearing officer may be appointed by the board as needed to conduct prehearing matters. The board shall meet at least four times a year upon the call of the chair or the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1979, ch 354, § 28; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-18; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021; SL 2021, ch 13, § 1.

1-41-15.4. Functions of Water Management Board.

The Water Management Board shall perform all functions exercised by the former State Water Rights Commission. The Water Management Board shall perform the quasi-legislative, quasi-judicial, and special budgetary functions pursuant to chapters 34A-2 and 34A-3, and all advisory functions relating to water quality and water hygiene, except such functions as are specifically conferred by law upon the secretary.

Source: SL 1979, ch 354, §§ 24, 29; SL 1993, ch 257, § 10; SDCL § 1-40-19; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-15.5. Water pollution control powers.

The secretary of agriculture and natural resources and the Water Management Board shall, respectively, exercise the powers vested in the secretary of environmental protection and the Board of Environmental Protection by chapter 34A-2 with respect to control of water pollution.

Source: SL 1973, ch 280, § 7; SDCL Supp, § 1-38-7; SL 1979, ch 354, §§ 20, 24; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL 1-40-20; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-16. Environmental protection functions of department and secretary.

The Department of Agriculture and Natural Resources and the secretary of agriculture and natural resources shall perform the functions of the former Department of Environmental Protection and the former secretary of environmental protection pursuant to chapters 34A-2, 34A-3, and 34A-9.

Source: SL 1979, ch 354, § 20; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-22; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-17. Water quality and hygiene functions.

The secretary of the Department of Agriculture and Natural Resources shall perform the functions of the former secretary of the Department of Environmental Protection, relating to the divisions of water quality and water hygiene, pursuant to chapters 34A-2, 34A-3, and 34A-9.

Source: SL 1979, ch 354, § 21; SL 1991, ch 17 (Ex. Ord. 91-4), § 19; SDCL § 1-41-17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-18. Transfer of functions relating to air quality and solid waste, radiation monitoring, mineral exploration, and control of hazardous materials and wastes.

The functions of the Department of Health, the secretary of health, and the director of the Division of Environmental Health pursuant to chapters 34A-1 and 34A-6, their functions relating to radiation monitoring and control for mineral exploration, mining, milling, and processing pursuant to chapter 34-21, and their functions dealing with the generation, transportation, treatment, storage, and disposal of hazardous materials and wastes are transferred to the department and secretary of agriculture and natural resources. The personnel and budget of the Division of Environmental Health are transferred to the Department of Agriculture and Natural Resources.

Source: SL 1981, ch 374, § 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-24; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-19. Board of Minerals and Environment--Composition--Appointment and terms of members.

The Board of Minerals and Environment consists of nine members appointed by the Governor, not all of whom may be from the same political party. The terms of the members of the board are for four years. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1981, ch 374, §§ 19 to 22; SDCL Supp, § 1-43-7.1; SL 2011, ch 165, § 3; SDCL § 1-40-25; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-19.1. Board of Minerals and Environment composed in conformance with Clean Air Act.

In addition to the provisions of § 1-41-19, the Board of Minerals and Environment shall be composed in conformance with the requirement of the Clean Air Act § 128 (42 USC § 7428) as amended to January 1, 1995, for all permits and enforcement orders initiated under chapter 34A-1.

Source: SL 1995, ch 318 (Ex. Ord. 95-2), § 15; SDCL § 1-40-25.1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.

1-41-19.2. Officers of Board of Minerals and Environment--Quorum--Meetings.

The Board of Minerals and Environment shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The board shall hold meetings at the call of the chair or a majority of the members, but at least one meeting shall be held every three months.

Source: SL 1973, ch 2, § 100; SL 1974, ch 3, § 37; SDCL Supp, §§ 1-38-5, 1-43-8; SL 2011, ch 165, § 4; SDCL § 1-40-26; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-20. Rejection of applications for certain environmental protection, mining, oil, and gas permits.

The secretary may reject an application for any permit filed pursuant to Title 34A or 45, including any application by any concentrated swine feeding operation for authorization to operate under a general permit, upon making a specific finding that:

(1)    The applicant is unsuited or unqualified to perform the obligations of a permit holder based upon a finding that the applicant, any officer, director, partner, or resident general manager of the facility for which application has been made:

(a)    Has intentionally misrepresented a material fact in applying for a permit;

(b)    Has been convicted of a felony or other crime involving moral turpitude;

(c)    Has habitually and intentionally violated environmental laws of any state or the United States which have caused significant and material environmental damage;

(d)    Has had any permit revoked under the environmental laws of any state or the United States; or

(e)    Has otherwise demonstrated through clear and convincing evidence of previous actions that the applicant lacks the necessary good character and competency to reliably carry out the obligations imposed by law upon the permit holder; or

(2)    The application substantially duplicates an application by the same applicant denied within the past five years which denial has not been reversed by a court of competent jurisdiction. Nothing in this subdivision may be construed to prohibit an applicant from submitting a new application for a permit previously denied, if the new application represents a good faith attempt by the applicant to correct the deficiencies that served as the basis for the denial in the original application.

All applications filed pursuant to Titles 34A and 45 shall include a certification, sworn to under oath and signed by the applicant, that he is not disqualified by reason of this section from obtaining a permit. In the absence of evidence to the contrary, that certification shall constitute a prima facie showing of the suitability and qualification of the applicant. If at any point in the application review, recommendation or hearing process, the secretary finds the applicant has intentionally made any material misrepresentation of fact in regard to this certification, consideration of the application may be suspended and the application may be rejected as provided for under this section.

Applications rejected pursuant to this section constitute final agency action upon that application and may be appealed to circuit court as provided for under chapter 1-26.

Source: SL 1991, ch 288, § 1; SL 1993, ch 257, § 3; SL 1997, ch 15, § 1; SDCL § 1-40-27; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-21. Registration for individual permits required by holders of certain general permits.

General permits issued pursuant to chapter 34A-1, 34A-2, or 34A-6 which, after public notice and opportunity for hearing before the board, are used to regulate a specific category of activities which are conducted statewide, which are similar in design and operation, and which pose relatively low risks to public health and the environment. The secretary and the board shall have the authority to require any person authorized under a general permit to apply for and obtain an individual permit if an operation cannot comply with all the terms of the general permit, if an operation is significantly different from the industry standard in design or operation, if an operation is causing or has the potential to cause a threat to public health or the environment or if a change has occurred in the availability of demonstrated technology for that activity. The secretary shall maintain a list of interested persons for each general permit issued, and shall provide notice to such persons concerning any proposed changes to the terms, content, or conditions of that general permit.

Source: SL 1991, ch 288, § 1A; SDCL § 1-40-28; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-22. Report required following the issuance of uncontested permits.

Following the issuance of any uncontested permit by the secretary pursuant to chapter 34A-1, 34A-2, 34A-6, 34A-11, 45-6B, 45-6D, or 45-9, the secretary shall give the board having jurisdiction over the permit a report. The report shall identify the activity for which the permit was issued and its location, operator, and proposed duration.

Source: SL 1991, ch 288, § 18; SDCL § 1-40-29; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-23. Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds.

There is hereby established in the state treasury the environment and natural resources fee fund. Unless otherwise provided by law, this fund shall consist of all fees imposed pursuant to Titles 34A, 45, 46, and 46A, and chapters 1-41, 10-39B, and 34-44 and legislative appropriations, federal grants, gifts, and civil penalties designated for deposit in the fund. The fund shall be maintained separately and administered by the department to defray the expenses associated with the programs administered by the department and any other purpose authorized by law. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 95; SL 1994, ch 23, § 1; SDCL § 1-40-30; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

1-41-23.1. Transfer of funds to environment and natural resources fee fund from water and environment fund.

On the first of July each year, six hundred thousand dollars or all the interest deposited for the previous year in the water and environment fund established pursuant to § 46A-1-60, whichever is less, shall be transferred from the water and environment fund to the environment and natural resources fee fund established pursuant to § 1-41-23.

Source: SL 1994, ch 23, § 2; SL 2009, ch 13, § 1; SL 2017, ch 38, § 8, eff. Mar. 8, 2017; SDCL § 1-40-32; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

1-41-24. Full public disclosure of nonconfidential public records--Reproduction--Fee--Waiver--Response time to written requests--Denial of disclosure--Appeals--Promulgation of rules--Attorney's fees and costs for denial of access to hazardous waste public records.

Full public inspection and disclosure of all nonconfidential public records relating to the Department of Agriculture and Natural Resources and those activities within its jurisdiction shall be allowed. The department shall make available for public inspection and disclosure all public records subject to inspection pursuant to § 1-26-2 and chapter 1-27. The department shall provide for the reproduction of all public records subject to inspection and reasonably capable of being reproduced and may impose a fee to recover the reasonable cost of reproduction. Any fee imposed for records reproduction shall be promulgated pursuant to chapter 1-26 and shall provide for fee waiver for public records requests from the press or communications media, public interest groups, educational organizations, and institutions of government. The department shall respond to all written requests for public records within twenty working days of the date when the request was received. The department may deny inspection and disclosure of any public record not subject to inspection under chapter 1-27, or held confidential pursuant to statute or court order. Written notice of denial of inspection or disclosure shall be provided to the person making the request. Such denial or failure by the department to respond within twenty working days shall be considered final agency action and may be appealed to circuit court as provided in chapter 1-26. The secretary, pursuant to chapter 1-26, may promulgate rules to implement the provisions of this section.

    Any person denied access to any hazardous waste public record required under chapter 34A-11 may recover in circuit court reasonable attorney's fees and other litigation costs reasonably incurred in an action against the state if the requestor substantially prevails on judicial review.

Source: SL 1992, ch 254, § 96; SDCL § 1-40-31; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-25. Voluntary environmental audits--Assumption against civil or criminal penalties.

An environmental audit is a written, voluntary, internal assessment, evaluation, or review, not required by law, rule, regulation, or permit, that is conducted by a regulated entity or its agent, and initiated by the regulated entity for the purpose of determining compliance with environmental law, rule, regulation, or permit enforced by the department. By completing an environmental audit in compliance with the terms and conditions of §§ 1-41-25 to 1-41-25.4, inclusive, there shall be a presumption against the imposition of civil or criminal penalties for violations found and disclosed. Nothing in this section authorizes uninterrupted or continuous auditing. An environmental audit may not be used to prevent the department from carrying out its statutory or regulatory functions.

Source: SL 1996, ch 18, § 1; SDCL § 1-40-33; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.

1-41-25.1. Application of environmental audit provisions--Discovery of violations.

The department may not pursue civil penalties or criminal prosecution for violations found during an environmental audit that are disclosed to the department secretary in writing within thirty days after the violation is found. Violations found by the department prior to the time a regulated entity has disclosed these violations in writing to the department secretary are not covered by the provisions of §§ 1-41-25 to 1-41-25.4, inclusive. If a state program is required in writing by a federal agency to assess penalties for a violation in order to maintain primacy over a federally-delegated program, or if violations caused damage to human health or the environment, the provisions of §§ 1-41-25 to 1-41-25.4, inclusive do not apply. If violations are found during an audit and disclosed in writing to the department secretary, the violations must be corrected within sixty days of discovery. If correction is not possible within sixty days, a written compliance schedule shall be negotiated between the department and the regulated entity to correct violations disclosed, unless the violation has been resolved to the satisfaction of the department at the time of the disclosure.

Source: SL 1996, ch 18, § 2; SDCL § 1-40-34; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-25.2. Environmental audit subject to discovery--Summary of disclosed violation.

The department may not request results of an environmental audit. However, an environmental audit is subject to discovery according to the rules of civil or criminal procedure. If a regulated entity discloses a violation found during an environmental audit, the section of the environmental audit report pertaining to a violation of environmental law, rule, regulation, or permit enforced by the department may be summarized for the purposes of disclosure to the department secretary. The summary shall include the date the violation was found and the entity that conducted the environmental audit.

Documents, communications, compliance data, reports, or other information required to be collected, developed, maintained, or reported to the department according to state law, rule, regulation, or permit are not covered by the provisions of §§ 1-41-25 to 1-41-25.4, inclusive.

Source: SL 1996, ch 18, § 3; SDCL § 1-40-35; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-25.3. Use of environmental audit as defense.

An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity:

(1)    Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;

(2)    Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure;

(3)    Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§ 1-41-25 to 1-41-25.4, inclusive; or

(4)    Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.

Source: SL 1996, ch 18, § 4; SDCL § 1-40-36; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-25.4. Removal of regulated entity from environmental audit provisions.

If abuses of §§ 1-41-25 to 1-41-25.4, inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4, inclusive, upon entering a finding that the regulated entity has:

(1)    Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4, inclusive, or the nature or extent of any damage to human health or the environment;

(2)    Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or

(3)    Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery.

Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26. The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26.

Source: SL 1996, ch 18, § 5A; SDCL § 1-40-37; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.

1-41-26. Promulgation of rules governing inspection of certain concentrated animal feeding operations.

The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to establish an inspection and enforcement program or system for any concentrated animal feeding operation that is required to operate under a general or individual water pollution control permit issued under chapter 34A-2 or required to obtain approval of plans and specifications pursuant to § 34A-2-27.

Source: SL 1997, ch 207, § 1; SDCL § 1-40-38; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-27. Electronic signatures permitted on certain documents.

The department may accept a document with an electronic signature if submitted in that form by the signatory to comply with state environmental regulatory requirements. The department shall provide for the authenticity of each electronic signature by adhering to any standards established by the Bureau of Information and Telecommunications pursuant to §§ 53-12-47 and 53-12-50 or any other standards the department may establish by rules promulgated pursuant to chapter 1-26. Any entity submitting a report to the department as required by the United States Environmental Protection Agency or a state environmental program approved by the United States Environmental Protection Agency may satisfy reporting requirements by cross-media electronic reporting in lieu of paper-based reporting as provided for by the United States Environmental Protection Agency pursuant to the standards promulgated in the Federal Register, Vol. 70, No. 197 (October 13, 2005--40 CFR Parts 3, 9, 51 et al.--Cross-Media Electronic Reporting; Final Rule).

Source: SL 2010, ch 12, § 1; SDCL § 1-40-39; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

1-41-28. Establishment of program to separate and recover recyclable materials--Inclusion of local government.

The Department of Agriculture and Natural Resources shall establish a program to reduce the amount of solid waste generated by state agencies and to promote the separation and recovery of recyclable materials and the procurement of recycled materials and recovered materials by state agencies to include such items as paper, oil, plastics, compost, aggregate, insulation, solvents, and rubber products. Each agency shall participate in the source reduction and recycling program. The Department of Agriculture and Natural Resources shall also investigate opportunities for the inclusion of local governmental units in the program and shall permit participation of local governmental units in the program if feasible.

Source: SL 1992, ch 254, § 42; SDCL § 5-23-38; SL 2010, ch 31, § 118; SDCL § 1-40-40; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

1-41-28.1. Promulgation of rules for state agency recycling programs.

The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to require each state agency to establish a program for the separation for recycling of all materials listed in § 34A-6-67 or whose disposal is prohibited by rule under §§ 34A-6-59 to 34A-6-92, inclusive, which are generated as waste by the agency. In addition, the rules shall require each agency, in accordance with recommendations made by the Department of Agriculture and Natural Resources, to establish an agency wastepaper recycling program by July 1, 1993, to ensure the recycling of the wastepaper generated by the agency. All state employees shall practice conservation of paper materials. For the purposes of this section, the term, agency wastepaper, means wastepaper or wastepaper products generated by the agency. The rules promulgated under this section shall provide for the continuation of existing state agency contracts which provide for alternative waste management not including incineration or land burial of agency wastepaper.

Source: SL 1992, ch 254, § 43; SDCL 5-23-39; SL 2010, ch 31, § 118; SDCL § 1-40-41; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.