34A-2-27. Construction permits required for activities discharging wastes into water--Violation. No person may carry on any of the following activities without a valid construction permit from the water management board for the disposal of all wastes which are, or may be, discharged thereby into the groundwaters of the state, nor may any person carry on any of the following activities without approval of plans and specifications from the secretary of the department pursuant to § 34A-2-29 for the disposal of all wastes which are, or may be, discharged thereby into surface waters of the state:

(1) The construction, installation, modification, or operation of any disposal system or part thereof, or any extension or addition thereto;

(2) The increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit;

(3) The construction, installation, or operation of any industrial, commercial, or other establishment, or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of wastes into the groundwaters of the state or would otherwise alter the physical, chemical, or biological properties of any groundwaters of the state in any manner not already lawfully authorized; or

(4) The construction or use of any new outlet for the discharge of any waters into the waters of the state.

A violation of this section is subject to § 34A-2-75.

Source: SDC 1939, § 61.0109 as added by SL 1947, ch 416; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0145; repealed by omission from SL 1966, ch 260, § 1; re-enacted by SL 1967, ch 340; SDCL, § 46-25-6; SL 1973, ch 280, § 8 (4); SDCL Supp, § 46-25-45; SL 1977, ch 190, § 637; SL 1984, ch 243, § 5; SL 1991, ch 288, § 15; SL 1992, ch 158, § 23.