South Dakota Statutes

§ 34A-1-49 — Contested case proceeding in lieu of order--Consent agreement.

South Dakota § 34A-1-49

JurisdictionSouth Dakota

Title 34AENVIRONMENTAL PROTECTION

Ch. 34A-1AIR POLLUTION CONTROL

This text of South Dakota § 34A-1-49 (Contested case proceeding in lieu of order--Consent agreement.) 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-1-49 (2026).

Text

In lieu of an order, the board chair may schedule a contested case under chapter 1-26 before the board. Nothing in this chapter prevents the department from notifying an alleged violator of violations and negotiating a consent agreement instead of initiating proceedings under § 34A-1-47 . Any consent agreement shall be approved by the board.

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Legislative History

SL 1970, ch 203, § 10; SDCL Supp, § 34-16A-55; revised pursuant to SL 1972, ch 15, § 4; SL 1977, ch 280, § 16; SL 2011, ch 165, § 28.

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-1-49, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/34A-1-49.