South Dakota § 34A-2-72 Action in circuit court for immediate restraint of pollution.

South Dakota Statutes

§ 34A-2-72 — Action in circuit court for immediate restraint of pollution.

South Dakota § 34A-2-72

Title 34AENVIRONMENTAL PROTECTION

Ch. 34A-1WATER POLLUTION CONTROL

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Bluebook

S.D. Codified Laws § 34A-2-72 (2026).

Text

In the alternative, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment to welfare is to the livelihood of such persons, or that a person is violating or threatening to violate any of the provisions of this chapter, the secretary may bring suit on behalf of the state in the circuit court in which the violation is taking place to immediately restrain any person violating or threatening to violate this chapter, or causing or contributing to the alleged pollution, or to take such other action as may be necessary.

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In the alternative, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment to welfare is to the livelihood of such persons, or that a person is violating or threatening to violate any of the provisions of this chapter, the secretary may bring suit on behalf of the state in the circuit court in which the violation is taking place to immediately restrain any person violating or threatening to violate this chapter, or causing or contributing to the alleged pollution, or to take such other action as may be necessary.

Legislative History

SDC 1939, § 61.0115; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0151; SL 1966, ch 260, § 5; SDCL, § 46-25-15; SL 1973, ch 280, § 15; SDCL Supp, § 46-25-88; SL 1988, ch 285, § 32.