34A-1-21 Permits required for air pollutant equipment and control devices--Applications--Rules--Rec...
Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without a permit or in
violation of permit conditions as misdemeanors.
The board may prohibit, by rules promulgated
pursuant to chapter 1-26, the installation, alteration, or use of any machine, equipment, device, or
other article which it finds may cause or contribute to air pollution or is intended primarily to prevent
or control the emission of air pollutants, unless a permit therefor has been obtained from the board
or the secretary. Any person in violation of these rules is subject to § 34A-1-39.
The board may require that applications for such permits shall be accompanied by plans,
specifications, and such other information as the board deems necessary.
The board, by rules promulgated pursuant to chapter 1-26, shall provide for the issuance,
suspension, revocation, and renewal of any permits which it may reasonably require pursuant to this
section. Procedures shall provide for a recommendation on such a permit matter by the secretary with
an opportunity for a contested case hearing by the board on its own motion or upon protest by the
applicant or an adversely affected person. If the recommendation of the secretary is not contested,
that recommendation shall become a final determination on the application. If an uncontested
recommendation is for approval or conditional approval of the application, the permit shall be issued
by the secretary consistent with his recommendation.
A violation of a condition of a permit issued pursuant to this section is subject to § 34A-1-39.
Any person who, without a permit, commits an action for which a permit is required is guilty of
a Class 1 misdemeanor. Any violation of a permit condition is a Class 2 misdemeanor and is subject
to § 34A-1-39.
Source: SL 1970, ch 203, § 7; SDCL Supp, § 34-16A-27; SL 1977, ch 280, § 11; SL 1980, ch 238,
§ 16; SL 1991, ch 288, § 5; SL 1992, ch 158, § 13; SL 1992, ch 254, § 94.