Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.

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34A-2-68. Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.

No person may violate this chapter or any rule issued pursuant to this chapter, or commit an act which will cause substantial pollution, the harmful effects of which cannot be remedied immediately after the commission or cessation of the act. The secretary may order the person to stop, avoid, or moderate the act so that it is in compliance with this chapter or the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the secretary provides otherwise. If the order is not complied with in a timely manner, the secretary may contain and recover pollutants to limit or prevent pollution of any state waters. A violation of an order issued pursuant to this section is subject to §34A-2-75.

Source: SL 1973, ch 280, §15; SDCL Supp, §46-25-84; SL 1984, ch 244, §1; SL 1988, ch 285, §29; SL 1992, ch 158, §27A.


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