S.D. Codified Laws § 34A-2-53

Current through the 2024 Legislative Session

Section 34A-2-53 - Notice to correct violations-Contents-Civil penalty

If the secretary has reason to believe that a violation of this chapter or any rule made or permit issued under it is threatened or has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice shall state the provisions alleged to be violated, the facts alleged to constitute a violation, the nature of any corrective action proposed to be required, and the time within which such action is to be taken. For the purpose of this chapter, service by mail is deemed complete on the date of mailing.

Any person who violates an order issued pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.

SDCL 34A-2-53

SDC 1939, § 61.0112; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0148; SL 1966, ch 260, § 3; SDCL § 46-25-12; SL 1973, ch 280, § 11 (1); SDCL Supp, § 46-25-69; SL 1988, ch 285, § 18; SL 1992, ch 158, § 26; SL 2011, ch 165, §49.