Sections 38-19-36.2, 38-19-36.3 - Operation of bulk commercial fertilizer storage facility without permit prohibited--Rules--Revocation of permit--Violation as misdemeanor. Civil penalty--Injunctive r - South Dakota Statutes

38-19-36.2. Operation of bulk commercial fertilizer storage facility without permit prohibited--Rules--Revocation of permit--Violation as misdemeanor. No person may establish or operate a bulk commercial fertilizer storage facility without obtaining a bulk commercial fertilizer storage facility permit from the secretary. The secretary may establish by rule, promulgated pursuant to chapter 1-26, a bulk commercial fertilizer storage facility permit system and operational requirements necessary for secondary containment of bulk commercial fertilizer for the protection of the environment and human health. The secretary may require that appropriate plans and specifications for construction and operation of a bulk commercial fertilizer storage facility be submitted for approval prior to the issuance, modification, suspension, or revocation of a permit. If a bulk commercial fertilizer storage facility is operating in violation of the permit requirements established pursuant to rules promulgated under this section, the secretary may grant a reasonable period of time for the facility to comply with the rules. If the facility does not comply with the rules in the prescribed period of time, the secretary shall revoke the operating permit pursuant to chapter 1-26. Any person operating a bulk commercial fertilizer storage facility without a permit issued pursuant to this section, or operating with a revoked permit, is guilty of a Class 1 misdemeanor.

Source: SL 1988, ch 315, § 3.