Public hearing on permit to discharge waste--Notice--Uncontested recommendation.

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34A-2-35. Public hearing on permit to discharge waste--Notice--Uncontested recommendation.

Before issuing any permit pursuant to §34A-2-36, the secretary shall provide an opportunity for public hearing, with notice of the opportunity for hearing, in accordance with applicable laws, rules, and regulations. If the recommendation of the department pursuant to §34A-2-24, 34A-2-27, or 34A-2-36, 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 the recommendation.

Source: SL 1973, ch 280, §9 (1); SDCL Supp, §46-25-51; SL 1991, ch 288, §14; SL 2011, ch 165, §42.


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