19-6-105. DIRECTOR TO ISSUE REGULATIONS GOVERNING POINT AND NONPOINT SOURCES OF POLLUTION.

  1. Point Source Regulations. Within 360 days of passage of this Title, the Director of Water Resources shall promulgate final regulations, in accordance with the inform hearing procedure set forth in Title 18, Chapter 21, setting forth management practices to control all point sources of pollution within the boundaries of the Rosebud Reservation.
  2. Nonpoint Source Regulations.
    1. Within 360 days of passage of this Title, the Director of Water Resources shall promulgate final regulations, in accordance with the informal hearing procedures set forth in Title 18, Chapter 21, setting forth management practices to control nonpoint sources pollution from livestock grazing and agricultural activities.
    2. From time to time after he has issued the final regulations required by §§ 19-6-105 (1) and 19-6-105 (2) (a), the Director may promulgate or amend in the same manner other regulations setting forth management practices to control point and nonpoint source pollution from agricultural practices, grazing, or other activities.
  3. Effect of Regulations.
    1. Upon promulgation of regulations pursuant to §§ 19-6-105 (1) and 19-6-105 (2) (a), no person who complies with those regulations may be found liable for illegal pollution as the result of an activity conducted consistent with such regulations.
    2. If conduct of an operation consistent with the regulations results in a violation of the water quality standards established by this Chapter, including its antidegradation policy, the Director shall order the person responsible for the violation to alter his operation in a manner to prevent the violation and shall give him a reasonable time, the person responsible shall be fully liable for illegal pollution under the terms of this Chapter.
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