34A-2-36. Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation. No person may discharge any waste, pollutant, or combination of pollutants, into surface waters from a point source without a permit consistent with rules promulgated by the board pursuant to chapter 1-26 and this chapter. A violation of this section is subject to §34A-2-75.The secretary may, after notice and opportunity for public hearing, issue a permit for the discharge of any waste, pollutant, or combination of pollutants into surface waters, for a period not to exceed five years, or for a period not to exceed ten years for a concentrated animal operation that is not required to have a permit under 40 C.F.R. § 122.23(d)(1), as of January 1, 2021, upon condition that such discharge meets or will meet all applicable state and federal water quality standards and effluent standards and all other requirements of this chapter. A violation of a condition of a permit issued pursuant to this section is subject to §34A-2-75. Source: SDC 1939, §61.0109 as added by SL 1947, ch 416; SL 1955, ch 430, §1; SDC Supp 1960, §61.0145; repealed by omission from SL 1966, ch it issued pursuant to this section is subject to §34A-2-75. Source: SDC 1939, §61.0109 as added by SL 1947, ch 416; SL 1955, ch 430, §1; SDC Supp 1960, §61.0145; repealed by omission from SL 1966, ch 260, §1; re-enacted by SL 1967, ch 340; SDCL, §46-25-6; SL 1973, ch 280, §9; SDCL Supp, §46-25-52; SL 1988, ch 285, §7; SL 1992, ch 158, §25; SL 1993, ch 256, §17; SL 2021, ch 161, § 1.
South Dakota Legal Code