34A-6-1.31. Operation of facility without or in violation of permit--Penalties--Civil penalty. Any person who knowingly and intentionally operates a solid waste facility without a permit is guilty of a Class 5 felony. Any person who knowingly and intentionally violates a permit term or condition or who intentionally makes any false statement or representation in any application, record, report, permit, or other document filed, maintained, or used for ensuring compliance with §§ 34A-6-1.1 to 34A-6-1.38, inclusive, is guilty of a Class 1 misdemeanor. The violator is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten thousand dollars per day per violation, for damages to compensate the state for impairment of the environment of this state, or both. An action for the recovery of a civil penalty or compensatory damages shall, upon demand, be tried by a jury.
Source: SL 1989, ch 306, § 31; SL 1992, ch 158, § 41; SL 1992, ch 254, § 50P.
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