South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:36 - Air pollution control program
Chapter 74:36:20 - Construction permits for new sources or modifications
Section 74:36:20:22 - Notice of constructing or operating noncompliance - Contents

Universal Citation: SD Admin Rules 74:36:20:22
Current through Register Vol. 50, page 114, March 25, 2024

If the department determines that the construction or operation of a source is not in compliance with this article, the Clean Air act, or permit conditions, the department may issue a notice of such a finding to the permit holder or operator of the source. The notice must contain citations to the rules, statues, or permit conditions violated 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 entering into a compliance agreement with the source that specifies the date for final compliance of the source and any penalties under SDCL 34A-1-39. If a compliance agreement is not 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.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-20, 34A-1-53.

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