34A-1-18 Emission control and open burning requirements--Local control--Nonconformance as violation...
Emission control and open burning requirements--Local control--Nonconformance
The Board of Minerals and Environment, for the purpose of controlling pollution, shall
by rules promulgated pursuant to chapter 1-26 establish emission control requirements and
reasonable requirements for open burning. The requirements may vary from area to area, as may be
appropriate to facilitate accomplishment of the purposes of this chapter, and in order to take
necessary or desirable account of varying local conditions. Any general prohibition against all open
burning shall be determined by each municipality or by each county for areas outside the boundaries
of the municipalities. The board may not adopt any rule generally prohibiting all open burning, but
any board rule regulating open burning shall be only as is necessary to address a specific problem.
Any person who allows an emission which does not conform to a requirement in force pursuant to
this section is subject to § 34A-1-39.
Source: SL 1970, ch 203, § 9; SDCL Supp, § 34-16A-24; SL 1977, ch 280, § 10; SL 1977, ch 281,
§ 1; SL 1980, ch 238, § 14; SL 1992, ch 158, § 10; SL 1993, ch 256, § 5.