Board of Minerals and Environment
The Board of Minerals and Environment is a quasi-legislative and quasi-judicial citizen's board consisting of nine members appointed by the Governor. Appointments are for four year terms and not all of the members can be from the same political party. Various public interests represented by the board members include attorneys, business persons, engineers, agriculture, and regulated industries. As required by the federal Clean Air Act, a majority of the members cannot represent a business or industry which is regulated by the board. The Board of Minerals and Environment usually meets the third Thursday of each month in Pierre and is required to hold at least one meeting every three months. However, the board may conduct additional board meetings and meet in other South Dakota communities as needed. Anyone interested in attending a Board of Minerals and Environment meeting may check our web site for a board meeting time, location and agenda. Board meetings are open to the public and everyone is welcome to attend.
The Board of Minerals and Environment is responsible for promulgating and enforcing rules and issuing permits for the following department programs:
- Air Quality;
- Solid Waste;
- Hazardous Waste;
- Mineral Exploration;
- Mining; and
- Oil and Gas Exploration and Production.
In addition to adopting rules, the Board of Minerals and Environment is also responsible for conducting contested case hearings. The procedural rules for contested case hearings before the board are found in ARSD 74:09. During a contested case hearing, the board will consider the evidence presented by all interested parties and by the staff of the Department of Environment and Natural Resources. A contested case hearing may be very formal or informal. Individuals may represent themselves but all other parties must be represented by legal counsel. During the contested case hearing, individuals representing themselves and legal counsel present testimony and evidence to the board, call witnesses to testify, and cross-examine other parties or their witnesses. Decisions of the board may be appealed to circuit court and the state Supreme Court.
Additional information related to organization of the Board of Minerals and Environment and the board's regulatory authority may be found in South Dakota Codified Laws Chapter 1-40-25 and 26.