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South Dakota Department of Natural Resources

In South Dakota, the South Dakota Department of Environment and Natural Resources (“Department”) is the state agency that protects the public health and environment by providing environmental monitoring and natural resource assessment, technical and financial assistance for environmental projects, and environmental regulatory services.  The Department protects South Dakota’s environment and natural resources for the present and future.  The Department was established pursuant to S.D. Codified Laws § 1-40-1.  The head of the Department is the secretary of environment and natural resources (“secretary”)[i].  Pursuant to S.D. Codified Laws § 1-40-3, the secretary of the Department should be qualified by training and experience to administer the programs of the department of environment and natural resources.

The secretary may employ a geologist with an advanced degree in geology as a state geologist.  The state geologist also acts as an advisor to the secretary in all matters pertaining to geology, hydrology, and natural history and, particularly, conducts research to evaluate the natural resources of the state[ii].

The Department establishes a Board of Water and Natural Resources (“Board”).  The Board performs all functions exercised by the former board of natural resource development.  The Board consists of seven members not all of the same political party and appointed by the Governor for four-year terms[iii].

The Department establishes a Board of Minerals and Environment (“board”) consisting of nine members appointed by the Governor, not all of whom will be from the same political party.  The terms of the members of the board will be for four years.  Each present member of the former board of environmental protection, however, continues his/her existing term on the board without this order affecting the length or conditions of the present term[iv].

The Department establishes an environmental audit that is a written, voluntary, internal assessment, evaluation, or review, not required by law, rule, regulation, or permit, that is conducted by a regulated entity or its agent, and initiated by the regulated entity for the purpose of determining compliance with environmental law, rule, regulation, or permit enforced by the Department.

However, an environmental audit may not be used as a defense to a civil or criminal action if a regulated entity[v]:

  • Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;
  • Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure.

 

South Dakota Department of Environment and Natural Resources

[i] S.D. Codified Laws § 1-40-2.

[ii] S.D. Codified Laws § 1-40-7.

[iii] S.D. Codified Laws § 1-40-5.

[iv] S.D. Codified Laws § 1-40-25.

[v] S.D. Codified Laws § 1-40-36.


Inside South Dakota Department of Natural Resources