There is hereby established in the environmental fee fund established in § 1-41-23, the surface water discharge and pretreatment permit administrative subfund. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to §§ 34A-2-117 to 34A-2-120, inclusive. The subfund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the surface water discharge and pretreatment industrial user permit programs. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.
SDCL 34A-2-121