SDCL § 34A-2-39.1: Extension of time to meet quality and effluent standards.

The secretary may issue an extension to a point source or nonpoint source discharger, in which to meet state water quality standards or effluent standards if the extension is not in conflict with federal law, and if it is determined that:

(1) The violation was the result of actions or conditions outside the control of the discharger;

(2) The discharger has acted in good faith;

(3) There has been a commitment of necessary resources to achieve compliance at the earliest date probable;

(4) The extension would not result in imposition of any additional controls on any other point or nonpoint source;

(5) Facilities necessary for compliance are under construction and will be completed at the earliest date probable.

Source: SL 1978, ch 261; SL 1988, ch 285, § 9; SL 2011, ch 165, § 44.