Home/South Dakota/Statutes/Title 34A: ENVIRONMENTAL PROTECTION/Ch. 34A-1: AIR POLLUTION CONTROL/§ 34A-1-39
South Dakota Statutes

§ 34A-1-39 — Civil action for violation--Penalty.

South Dakota § 34A-1-39
JurisdictionSouth Dakota
Title 34AENVIRONMENTAL PROTECTION
Ch. 34A-1AIR POLLUTION CONTROL

This text of South Dakota § 34A-1-39 (Civil action for violation--Penalty.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 34A-1-39 (2026).

Text

Any person subject to this section, as provided in this chapter, is liable for a civil penalty not to exceed ten thousand dollars per day of violation or for damages to the environment of the state, or both. An action for the recovery of a civil penalty shall, upon demand, be tried to a jury.

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Legislative History

SL 1970, ch 203, § 15; SDCL Supp, § 34-16A-44; SL 1973, ch 222, § 7; SL 1977, ch 190, § 31; SL 1977, ch 280, § 13; SL 1988, ch 291, § 17; SL 1990, ch 283, § 2; SL 1992, ch 158, § 15; SL 2011, ch 165, § 21.

Nearby Sections

15
§ 34A-1-1
Policy of state--Purpose of chapter.
§ 34A-1-10
Cooperation by department with other agencies, persons, and groups.
§ 34A-1-11
Classification of air contaminant sources--Reporting requirements.
§ 34A-1-12
Records and reports required on air contaminant sources--Monitoring and sampling methods--Other information--Violation.
§ 34A-1-13
Access to records relating to air pollution emissions.
§ 34A-1-14
Records and information available to public--Exception to protect trade secrets--Authorized use--Violation as misdemeanor.
§ 34A-1-15
Establishment of ambient air quality standards--Violation.
§ 34A-1-16
Specification of fuels permitted in state--Violation.
§ 34A-1-17
Contamination within plant excluded from jurisdiction.
§ 34A-1-18
Emission control and open burning requirements--Local control--Nonconformance as violation.
§ 34A-1-19
Emission control methods and devices required--Permission to use alternative methods--Violation.
§ 34A-1-2
Definition of terms.
§ 34A-1-20
Maintenance of motor vehicle emission control devices--Violation.
§ 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-1-22
Prevention of stationary pollution sources not in compliance.
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Bluebook (online)
South Dakota § 34A-1-39, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/34A-1-39.