ENVIRONMENTAL LAWS AFFECTING

SOUTH DAKOTA AGRICULTURE

A Joint Project of the

National Association of State Departments of Agriculture Research Foundation

through the

National Center for Agricultural Law Research and Information

Website: http://www.nasda-hq.org/ under the NASDA Research Foundation Section

The entire guide in PDF format

Table of Contents

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The Project Participants
Disclaimer
Quick Reference Guide

  1. Water Quality
    1. Federal Clean Water Act
      1. Overview
      2. Water Quality Standards
      3. NPDES Permits
      4. Wetlands
      5. Nonpoint Source Pollution
      6. Oil Spill Liability
      7. Enforcement and Judicial Review
    2. State Water Quality Laws and Regulations
      1. SWD Permit Programs
      2. Renovation, Suspension, or Modification
      3. Permit Violations
      4. Public Access to Information
      5. Concentrated Animal Feeding Operations
      6. General Permit Programs
      7. Exclusions
      8. Nonpoint Sources of Pollution
      9. South Dakota Wetlands Law
  2. Groundwater
    1. Federal Groundwater Laws and Regulations
      1. Safe Drinking Water Act
        1. Safe Drinking Water Act
        2. State Groundwater Management Plans
      2. State Groundwater Laws and Regulations
        1. Goundwater Quality
        2. Construction Standards for Wells
  3. Air Quality
    1. Federal Clean Air Act
    2. State Air Quality Laws and Regulations
      1. Air Pollution Statutory Provisions
      2. Permits and Violations
      3. General Permits
      4. Variances
      5. Open Burning
  4. Solid Waste and Hazardous Waste
    1. Federal Resource Conservation and Recovery Act
      1. Disposal
      2. Underground Storage Tanks
      3. Used Oil
      4. Farming
      5. Penalties
    2. Federal Comprehensive Environmental Response, Compensation and Liability Act
    3. Federal Toxic Substances Control Act
    4. Federal Emergency Planning & Community Right to Know Act
    5. Occupational Safety and Health Administration
    6. State Solid Waste and Hazardous Waste Laws and Regulations
      1. Solid Waste
      2. Hazardous Waste Management
      3. Underground Storage Tanks
      4. Emergency Planning and Management
      5. Infectious Waste
  5. Pesticides and Chemigation
    1. Federal Insecticide, Fungicide, and Rodenticide Act
      1. Use of Pesticides
      2. Reporting Requirements
      3. Disposal Pesticide Containers
      4. Worker Protection Standards
    2. State Pesticide and Chemigation Laws and Regulations
      1. Pesticides
        1. Applicators and Distributors
        2. Pesticide Worker Training
      2. Chemigation
  6. Protection of Wildlife
    1. Federal Endangered Species Act
    2. Federal Migratory Bird Treaty Act
    3. State Wildlife Protection Laws and Regulations
  7. 1996 Farm Bill
    1. Environmental Conservation Acreage Reserve Program
      1. Conservation Reserve Program
      2. Wetlands Reserve Program
      3. Environmental Quality Incentives Program
    2. Swampbuster, Sodbuster, and Conservation Compliance Programs
      1. Swampbuster
      2. Sodbuster
      3. Conservation Compliance
    3. Other Conservation Programs
      1. Conservation Farm Option
      2. Flood Risk Reduction
      3. Farmland Protection Program
      4. Wildlife Habitat Incentives Program
      5. Conservation of Private Grazing Land
      6. Commodity Credit Corporation Uses
      7. Air Quality
      8. Other Miscellaneous Provisions
  8. Other State Statutes Affecting Agriculture
    1. Farmland Preservation
      1. Planning and Zoning
      2. Municipal Environmental Powers
    2. Nuisance and Right-to-Farm
      1. Nuisance
      2. Right-to-Farm Statute and Interference with an Animal Facility
    3. Land Application of Livestock Waste
    4. Pest Control
    5. Soil and Water Conservation
      1. Conservation Districts
      2. Land Disturbing Activities
    6. Aquaculture and Breeding of Domesticated Fur Bearing Animals
    7. Dead Animal Disposal
    8. Environmental Audits

Appendix A - Agencies
Appendix B - Glossary
Appendix C - Authors

The Project Participants

National Association of State Departments of Agriculture Research Foundation

The National Association of State Departments of Agriculture (NASDA) is a nonprofit association of public officials representing the Commissioners, Secretaries, and Directors of Agriculture in the fifty states and four territories. The NASDA Research Foundation is a 501(c)(3) nonprofit, tax-exempt corporation for education and scientific purposes.

National Center for Agricultural Law Research and Information
The National Center for Agricultural Law Research and Information (the Center) was created in 1987 under Public Law 100-202, 101 Stat. 1329-30 to address the complex legal issues that affect American agriculture. The Center focuses its efforts on research, writing, publishing, the development of its library services, and the dissemination of information to the public. The Center is located at the University of Arkansas School of Law in Fayetteville, Arkansas.

Natural Resources Conservation Service

The Natural Resources Conservation Service (NRCS), formerly known as the Soil Conservation Service (SCS), is a federal agency within the U.S. Department of Agriculture (USDA). NRCS conservationists work with private landowners and operators to help them protect their natural resources.

U.S. Environmental Protection Agency

The Environmental Protection Agency (EPA) is a federal agency with primary responsibility for implementation of most federal laws designed to protect, enhance, and conserve the nation's natural resources.

Disclaimer

This guide is designed for use by farmers, ranchers, landowners, and their consultants in understanding the effect environmental laws have on agricultural operations. It is not a substitute for individual legal advice. Producers should always consult with their own attorneys, as well as federal, state, and local authorities responsible for the applicable environmental laws.

This guide has been prepared in part with funding from the Natural Resources Conservation Service Cooperative Agreement number NRCS 68-75-5-174 and the United States Environmental Protection Agency Grant number CX-825088-01-0.

The contents and use expressed in this guide are those of the authors and do not necessarily reflect the policies or positions of the United States Department of Agriculture Natural Resources Conservation Service or the United States Environmental Protection Agency.

Although every effort has been made to ensure the accuracy of the information contained in this book, environmental statutes, regulations, and ordinances are constantly changing. In addition, the overwhelming complexity and extent of environmental law makes it impossible for a single book to describe in complete detail and depth all of the environmental laws and regulations impacting agricultural operations. The following material is simply a basic primer on environmental law for agricultural producers. For these reasons, the utilization of these materials by any person constitutes an agreement to hold harmless the authors, the National Center for Agricultural Law Research and Information, the University of Arkansas, the United States Department of Agriculture, the National Association of State Departments of Agriculture Research Foundation, the Natural Resources Conservation Service, and the United States Environmental Protection Agency for any liability, claims, damages, or expenses that may be incurred by any person or organization as a result of reference to, or reliance on, the information contained in this book.

The background research and final documents were completed in January of 1997. Updates of the information contained in the guide will occur on an annual basis and be made available on the internet.

Anyone with comments concerning the guide should contact the NASDA Research Foundation at 1156 15th Street, N.W., Suite 1020, Washington, D.C. 20005.


©1997 The National Association of State Departments of Agriculture
15th Street, N.W., Suite 1020, Washington, D.C. 20005, 202/296-9680