34A-10-2. Parties entitled to intervene in proceedings involving pollution.

If administrative, licensing, or other proceedings, and judicial review thereof are available by law, the agency may permit the attorney general, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity to intervene as a party on the filing of a pleading with the agency asserting that the proceeding or action for judicial review involves conduct which has the effect of polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein. Such pleading shall be filed at least three days before the last agency evidentiary hearing conducted before the issuance of a final decision.

Source: SL 1973, ch 144, § 6 (1); SDCL Supp, § 21-10A-2; SL 1981 (2d SS), ch 1, § 23; SL 1994, ch 351, § 70.



SDLRC - Codified Law 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.

34A-10-2.1. Activity which could result in pollution, contamination, or degradation--Financial assurance concerning corrective action--Form and amount.

Any person making application to the Water Management Board or the Board of Minerals and Environment for a permit, a license, or an extension, amendment, or renewal of an existing permit or license, which authorizes activity that could result in a significant risk of pollution, contamination, or degradation of the environment and that is not covered by a performance or damage bond or other financial assurance instrument, may be required, as a condition of the permit, to provide financial assurance guaranteeing the performance of corrective actions to contain, mitigate, and remediate all pollution, contamination, or degradation which may be caused by the activity. The financial assurance in a reasonable and proper amount shall be in a form and an amount approved by the board, and may include insurance, company net worth considerations, a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit.

Source: SL 1989, ch 306, § 68; SL 2011, ch 165, § 137.



SDLRC - Codified Law 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.

34A-10-2.2. Right and title in bond or security--Form and amount.

All right and title in any bond or other security required by the Water Management Board or the Board of Minerals and Environment under any provision of this title, Title 45, or Title 46 for the protection of the environment or reclamation of lands or other resources shall be in the state until the board by order releases the security. The bond or other security does not constitute an asset of the person required to provide it, and may not be cancelled, assigned, revoked, disbursed, replaced, or allowed to terminate without board approval. The bond or other security shall be in a form and a reasonable and proper amount approved by the board, and may include a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit. The board may permit the use of financial assurance other than a bond, including company net worth considerations. Interest earned on any bond or deposit made under § 34A-10-2.1 shall be returned annually to the person required to provide the bond.

Source: SL 1989, ch 306, § 69; SL 2011, ch 165, § 138.



SDLRC - Codified Law 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.

34A-10-2.3. Cleanup and remediation of environmental problems--Use of security.

The state, with any board or court approval necessary, as provided in the permit or security instrument required under § 34A-10-2.1 or 34A-10-2.2, may use the security as necessary for the cleanup and remediation of environmental problems related to the activity for which the security was provided. If security is forfeited in accordance with § 45-9-15 due to the failure of an oil and gas well operator to perform according to the provisions of §§ 45-9-5 to 45-9-18, inclusive, the state may use the security for environmental cleanup or remediation of any lands or resources regulated under chapter 45-9. When the cleanup and remediation is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursuant to a site-specific, board-approved remedial action plan, the state may proceed against any remaining security for the purpose of collecting any properly recoverable cost incurred by the state in pursuing the cleanup, environmental damages, or penalties. Until the environmental cleanup or remediation is complete, any state cost, environmental damage, and penalty judgments have been satisfied and the security has been released by the board, the security may not be assigned for the benefit of creditors, attached, garnished, levied, or executed on, or subject to process issued from any court; except for the purpose of enabling the state to effectuate the environmental cleanup or remediation.

Source: SL 1989, ch 306, § 70; SL 2020, ch 154, § 1.



SDLRC - Codified Law 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.

34A-10-2.4. Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license.

The Water Management Board and the Board of Minerals and Environment shall establish, by rules promulgated pursuant to chapter 1-26:

(1)    Criteria to determine the amount of security required and other terms as necessary to define the respective obligation of the parties;

(2)    The procedure to follow and the circumstances under which the state or applicant may obtain board approval for the release of the security; and

(3)    Conditions under which the security may be held by the state after the expiration of the permit or license.

Source: SL 1989, ch 306, § 71.



SDLRC - Codified Law 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.

34A-10-2.5. Failure to comply with order--Injunctive relief.

The secretary of the Department of Agriculture and Natural Resources may bring an action without furnishing of bond, for an injunction against any person who fails to comply with an order issued by the secretary or any official under the secretary's supervision having authority to issue such order by virtue of this title, Title 45, or Title 46. The court to which the department applies for an injunction may issue a temporary injunction, if it finds there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.

Source: SL 1989, ch 306, § 72; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2011, ch 165, § 139; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.



SDLRC - Codified Law 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.

34A-10-2.6 . Cleanup and remediation of environmental problems--Use of oil and gas well security.

If necessary cleanup and remediation of environmental problems related to the site-specific activity for which security was provided in accordance with §  45-9-15 is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursuant to a site-specific, board-approved remedial action plan, the state may use the remaining security for environmental cleanup or remediation of any lands or resources regulated under chapter 45-9 if forfeiture of the security was ordered solely or in part due to the failure of the operator to perform in accordance with the provisions of §§  45-9 -5 to 45-9 -18, inclusive.

Source: SL 2020, ch 154, § 2.