S.D. Admin. R. 74:12:08:04

Current through Register Vol. 51, page 67, December 16, 2024
Section 74:12:08:04 - Inspections - Search warrants

The secretary shall obtain a search warrant from the magistrate court in the area of the involved well before conducting an inspection if an operator has withdrawn permission to inspect, unless the involved violation can be discerned by the secretary without entering the operator's property. If the secretary is investigating a complaint alleging waste, pollution, or noncompliance with the provisions of SDCL chapter 45-9 or this article, an inspection may be conducted by the secretary only if the operator consents to the inspection or if a search warrant is obtained.

S.D. Admin. R. 74:12:08:04

38 SDR 117, effective 1/12/2012.

General Authority: SDCL 45-9-13.

Law Implemented: SDCL 45-9-53, 45-9-54, 45-9-55.