2023 South Dakota Legislature

Senate Bill 92

ENROLLED

An Act

ENTITLED An Act to require that certain operations obtain their own general or individual water pollution permits.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   34A-2-36.2 be AMENDED:

34A-2-36.2. Each concentrated animal feeding operation, as defined by 40 C.F.R.   122.23 (January 1, 2023), shall operate under a general or individual water pollution control permit, issued pursuant to   34A-2-36.

Section 2. That chapter 34A-2 be amended with a NEW SECTION:

If an operation processes or stores manure, or processes or stores process wastewater, as those terms are defined in 40 C.F.R.   122.23 (January 1, 2023), without coverage under a concentrated animal feeding operation's general or individual water pollution control permit issued pursuant to    34A-2-36 and 34A-2-36.2, and if the maximum number of permitted or unpermitted animals from which manure or process wastewater is processed or stored would meet the definition of a large concentrated animal feeding operation, under 40 C.F.R.   122.23 (January 1, 2023), that operation must obtain its own general or individual water pollution permit pursuant to   34A-2-36.

An Act to require that certain operations obtain their own general or individual water pollution permits.

I certify that the attached Act originated in the:

Senate as Bill No. 92

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 92

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2023 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2023

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2023

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State

Statutes affected:
Introduced, 01/23/2023: 34A-2-36.2
Enrolled, 02/15/2023: 34A-2-36.2