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South Dakota Asbestos Regulations

While asbestos use may have been halted since it was discovered that inhaling the fibers can lead to lung cancer and other respiratory diseases in humans, but the after-effects continue to live on today in South Dakota. Perhaps you’ve been employed in the construction business, working with drywall and concrete materials, and regularly exposed to asbestos. Years later you learn that you’ve contracted a rare form of cancer known as “mesothelioma,” a disease which can appear in the human body anywhere from 10 to 50 years after exposure.

South Dakota Asbestos Regulations at a Glance

South Dakota has a number of regulations in place to help ensure the safest possible handling of asbestos materials. Below you will find a list of statutes, regulatory agencies, and forms you may need if you are planning to work with asbestos materials on a construction project or otherwise.

South Dakota State Statutes

  • South Dakota Codified Law 34-44 (General asbestos statute)
  • Administrative Rules of South Dakota 74:31 (Emission standards for asbestos during remodeling or demolition projects)

Asbestos Regulatory Agencies

Federal:

  • U.S. Environmental Protection Agency (USEPA) (responsible for developing and enforcing regulations necessary to protect the general public from exposure to airborne contaminants that are known to be hazardous to human health)
  • 42 U.S.C. § 7401 et. seq
  • Occupational Safety and Health Administration(OSHA)

South Dakota:

  • South Dakota Department of Environment & Natural Resources

Applicability of Asbestos Regulations

Compliance with asbestos regulations apply when:

  • Remodeling or demolishing projects which occur in public or commercial buildings.
  • Private residences and apartment buildings with four or fewer dwellings are exempt from the regulations.
  • Any project that is subject to these regulations requires a notification to the department within 10 working days prior to the start of the project.

Asbestos Project Notification Forms

  • Notification Form for Demolition and Renovation Projects
  • Application Form for Certification to Perform Work in South Dakota

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

South Dakota Codes and Court of Appeals Opinions

  • South Dakota Legal Research
  • Supreme Court of South Dakota Cases

Additional Resources: South Dakota Asbestos Regulations

Have you or someone you loved been harmed by exposure to asbestos and you want to learn more? Continue your research with FindLaw by clicking on the links below:

Filing a South Dakota Asbestos Claim? An Attorney Can Help

Being diagnosed with a serious lung condition because of asbestos exposure can be devastating, but you may be able to collect monetary damages for your illness. The best course of action is to speak with a skilled professional with asbestos claim experience. Get started today and reach out to a South Dakota injury lawyer near you.

From FindLaw  Created by FindLaw's team of legal writers and editors.

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