S.D. Admin. R. 74:36:05:47
If the department determines that the operation of a source is not in compliance with the rules, statutory requirements, or permit conditions, the department may issue a notice of such findings to the permit holder or operator of the source. The notice must contain citations to the rules, statutes, or permit conditions violated, reference to this section, and the alleged facts upon which the determination is based. The secretary, with the concurrence of the alleged violator, may settle an issue of noncompliance by specifying a compliance agreement, which may include a penalty under SDCL 34A-1-39 and the date for final compliance of the source. If a compliance agreement can not be negotiated, the department may petition the chairman of the board for a contested case hearing or may file a civil penalty or injunctive action in circuit court.
S.D. Admin. R. 74:36:05:47
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 1-26-20, 34A-1-39, 34A-1-53.