reglab/housing_qa huggingface dataset:
SD Codified L § 34A-13-8.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-8.1 - Reimbursement by fund for corrective action costs--Limitation--Costs for releases.

34A-13-8.1. Reimbursement by fund for corrective action costs--Limitation--Costs for releases.The fund may provide reimbursement of reasonable and necessary costs to an eligible covered party for an approved corrective action in excess of ten thousand dollars and not to exceed one million dollars for releases reported after April 1, 1988. Costs incurred for releases reported prior to April 1, 1988, are eligible for reimbursement only to the extent the costs were incurred after that date. Reimbursement to an eligible covered party may not exceed one million nine hundred ninety thousand dollars within any fiscal year as provided in §4-10-10. Reimbursement may include costs of an approved corrective action and third-party claims for releases reported after April 1, 1990. Reimbursement may not exceed the reasonable and necessary costs of cleanup under the risk-based cleanup method approved by the water management board pursuant to subdivisions 34A-2-93(13) and 34A-2-99(4). Source: SL 1992, ch 260, §5; SL 1995, ch 204, §3.
SD Codified L § 34A-13-8.2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-8.2 - Percentage of deductible waived for certain releases.

34A-13-8.2. Percentage of deductible waived for certain releases.The board may waive any percentage it deems appropriate of the deductible if the release is reported after April 1, 1990, and is discovered as a result of an action designed to bring existing equipment into compliance with environmental legal requirements as set forth in §§34A-2-99 and 34A-2-101. Source: SL 1992, ch 260, §6.
SD Codified L § 34A-13-8.3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-8.3 - Limitation on reimbursement for release sites.

34A-13-8.3. Limitation on reimbursement for release sites.Regardless of the number of releases involved, locations involved, covered parties involved, claims made, suits brought, or persons filing claims or bringing legal action, in no event may the amount of reimbursement for any release site exceed nine hundred ninety thousand dollars unless the director has determined a new occurrence has taken place and all claims for prior occurrences have been established or settled. The provisions of this chapter do not authorize the board to pay any exemplary and noneconomic damages, including damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of society and companionship, hedonic damages, or punitive damages on behalf of any covered party. Source: SL 1992, ch 260, §7.
SD Codified L § 34A-13-8.4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-8.4 - Defense costs of certain third-party claims.

34A-13-8.4. Defense costs of certain third-party claims.In addition to the amounts set forth in this chapter, the board shall provide the defense of third-party claims and all costs related thereto for claims of covered parties arising under this chapter, including attorneys' fees. However, the board may not provide the defense of third-party claims and costs relating thereto, including attorneys' fees, if the coverage limit under this section is exhausted by judgments, settlements, or corrective action costs prior to the commencement of a civil action by the third-party claimant against the covered party. Source: SL 1992, ch 260, §8.
SD Codified L § 34A-13-8.5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-8.5 - Reimbursement to covered party.

34A-13-8.5. Reimbursement to covered party.Reimbursement from the fund may be made to a covered party only if:(1)The department and fund were given notice of the release as provided by rule;(2)At the time the release was discovered, the tank or other container was in substantial compliance with state rules and federal regulations applicable to the tank or other container;(3)The tank was used primarily or exclusively to contain petroleum;(4)The covered party applying to the fund, if subject to the tank inspection fee established in this chapter, has paid the fee and is current, or the petroleum involved in the release was supplied by a person who is subject to the tank inspection fee, or the release site is determined to be an abandoned site;(5)The covered party has satisfied the deductible;(6)The covered party is cooperating with the director and department in responding to the release;(7)In a corrective action, the covered party has received funding approval for a site assessment plan from the director prior to incurring costs for the assessment except as provided in §34A-13-9.1;(8)In a corrective action, the covered party has conducted a site assessment, except as provided in §34A-13-9.1;(9)In a corrective action, the covered party has submitted a corrective action plan and the director has authorized funding prior to the incurring of costs under the plan except as provided in §34A-13-9.1;(10)In a corrective action, if the department has declared that an emergency exists and immediate abatement is necessary as provided in §34A-13-4, even though the requirements of subdivisions (7), (8), and (9) of this section are not met until the factors causing the emergency have been addressed to the satisfaction of the department; and(11)The covered party has submitted his claim on forms provided by the fund and has supplied the information in the manner required by the fund. Source: SL 1992, ch 260, §9.
SD Codified L § 34A-13-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-9 - Cost of corrective action--Amount of reimbursement--Exceptions.

34A-13-9. Cost of corrective action--Amount of reimbursement--Exceptions.A responsible person is liable for the cost of the corrective action taken by the board or the department, including the cost of investigating the release and administrative and legal expenses of the fund. This chapter does not create any new cause of action for damages on behalf of third parties for release of petroleum products against the fund, petroleum marketer, or covered parties. Reimbursement shall be made to a covered party who qualifies pursuant to the criteria set forth in this chapter.No reimbursement from the fund may be made to a covered party if:(1)Corrective action has been taken in an emergency pursuant to §34A-13-4, and the responsible person failed to report the existence of the emergency;(2)The board has taken corrective action because a responsible person could not be identified or a tank has not been registered as required by law; or(3)The conditions of §34A-13-8.5 have not been met. Source: SL 1988, ch 290, §9; SL 1989, ch 310, §2; SL 1990, ch 292, §4; SL 1991, ch 294, §4; SL 1992, ch 260, §10; SL 1995, ch 71, §190; SL 2013, ch 166, §36.
SD Codified L § 34A-13-9.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-9.1 - Conditions for reimbursement.

34A-13-9.1. Conditions for reimbursement.Reimbursement, without a corrective action plan, may be allowed for tank pulling if petroleum contamination in the backfill area exceeds standards established by the department and if the tank pulling removes petroleum contamination to department standards. No reimbursement may be provided for upgrade of a release site taken during a corrective action. Source: SL 1990, ch 292, §2; SL 1992, ch 260, §11; SL 2011, ch 165, §157.
SD Codified L § 34A-13-9.2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-9.2 - Subrogation of fund--Right to recover.

34A-13-9.2. Subrogation of fund--Right to recover.The fund shall be subrogated to any insurer, risk retention group, or third-party payor. The fund has the right to recover, under any pollution liability insurance contract available to a covered party, any applicable contract involving the covered party, or from any tort-feasor liable to a covered party for a release or an intentional release, or any third-party payor and that right may not be waived by contract. In any action by the fund to recover under this section, the fund may recover all its costs and, in the discretion of the court, its reasonable attorney's fees involved in the action provided demand for payment has been made at least thirty days prior to commencement of an action. Demand for payment under this section shall stay the running of any statute of limitations for thirty days. This section applies to any claim filed after April 1, 1988. Source: SL 1990, ch 292, §5; SL 1992, ch 260, §12.
SD Codified L § 34A-13-10 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-10 - Avoidance of liability by conveyance or agreement prohibited--Exceptions.

34A-13-10. Avoidance of liability by conveyance or agreement prohibited--Exceptions.No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement.However, the provisions of this chapter do not:(1)Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability;(2)Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or(3)Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise. Source: SL 1988, ch 290, §10; SL 1992, ch 260, §13.
SD Codified L § 34A-13-11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-11 - Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds.

34A-13-11. Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds.Any reasonable and necessary expenses incurred by the fund in taking a corrective action, including costs of investigating a release, third-party claims, administrative and legal expenses including attorney's fees for prosecuting any action, and defense costs including attorney's fees for any claims, may be recovered in a civil action in circuit court brought by the director against a covered party. The certification of expenses by an approved agent of the fund is prima facie evidence that the expenses are reasonable and necessary. Any expenses that are recovered under this section shall be deposited in the fund. Source: SL 1988, ch 290, §11; SL 1990, ch 292, §6; SL 1991, ch 294, §5; SL 1992, ch 260, §14.
SD Codified L § 34A-13-12 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-12 - Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required.

34A-13-12. Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required.Nothing in this chapter limits the powers of the department, or precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department. The department need not exhaust administrative remedies under this chapter in order to pursue any other legal remedy.The remedies provided by this chapter are in addition to those provided under existing statutory or common law. Source: SL 1988, ch 290, §12; SL 1991, ch 294, §6.
SD Codified L § 34A-13-12.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-12.1 - Administrative, civil, injunctive, and criminal remedies allowed where pursued by director--Exhaustion of administrative remedies not required.

34A-13-12.1. Administrative, civil, injunctive, and criminal remedies allowed where pursued by director--Exhaustion of administrative remedies not required.The director need not exhaust administrative remedies under this chapter in order to pursue any other administrative, civil, injunctive, or criminal remedies on behalf of the fund or the board. Source: SL 1991, ch 294, §25.
SD Codified L § 34A-13-14 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-14 - Petroleum Release Compensation Board--Appointment of members--Terms.

34A-13-14. Petroleum Release Compensation Board--Appointment of members--Terms.The Petroleum Release Compensation Board consists of five persons appointed by the Governor as follows: one with experience in insurance or claims adjusting; one with experience in banking or a finance related business; one engineer or one person with experience in a technical field; and two persons from the petroleum marketing industry. Not all members of the board may be of the same political party. The term of an appointment shall be five years. Two members shall originally be appointed for five years, two persons for four years and one person for three years.All functions of the Petroleum Release Compensation Board under chapter 34A-13 are hereby transferred to the secretary of the Department of Agriculture and Natural Resources. The Petroleum Release Compensation Board shall continue as an advisory board to the secretary of the Department of Agriculture and Natural Resources as provided for by §1-32-4.1, on issues concerning petroleum inspection and release compensation. Source: SL 1988, ch 290, §14; SL 1995, ch 321 (Ex. Ord. 95-5), §17; SL 2003, ch 272 (Ex. Ord. 03-1), §31; SL 2011, ch 1 (Ex. Ord. 11-1), §154, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-13-15 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-15 - Employment of staff--Costs and appropriations--Delegation of authority.

34A-13-15. Employment of staff--Costs and appropriations--Delegation of authority.The board shall hire and provide staff to support its activities. The staff shall be employees of the executive branch of state government and subject to the statutes, rules, and other conditions of employment that are applied to employees in the executive branch of state government. All necessary costs and appropriations shall be paid from the inspection fees collected pursuant to this chapter. Reimbursements previously made by the board, upon which no contested case was requested prior to January 1, 1992, are hereby ratified except to the extent the state or federal constitution may require judicial review. The board may delegate to the director such duties and authority necessary to complete the daily operation and administration of the fund. Source: SL 1988, ch 290, §15; SL 1990, ch 292, §7; SL 1991, ch 294, §7; SL 1992, ch 260, §16.
SD Codified L § 34A-13-16 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-16 - Adoption of rules and procedures.

34A-13-16. Adoption of rules and procedures.The board may adopt, pursuant to chapter 1-26, rules regarding its practices and procedures, the form and procedure for applications for compensation from the fund, procedures for investigation of claims, procedures and criteria for determining the amount and type of costs that are eligible for reimbursement from the fund, procedures for acceptable methods of payment from the fund, procedures for persons to perform services for the fund, the method and forms necessary for the collection of the fee, procedures for conducting training and testing, including standards for identifying acceptable performance on a test, of those who perform services to be reimbursed under this chapter, and other provisions necessary to carry out this chapter. Source: SL 1988, ch 290, §16; SL 1989, ch 310, §3; SL 1990, ch 292, §8; SL 1991, ch 294, §8; SL 1992, ch 260, §34A.
SD Codified L § 34A-13-16.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-16.1 - Training and testing of persons who perform services to be reimbursed.

34A-13-16.1. Training and testing of persons who perform services to be reimbursed.The director and the department, jointly, separately, or in cooperation with private organizations, may conduct training seminars for those who perform services to be reimbursed under this chapter, administer voluntary tests to seminar participants and publish or withhold the results of such tests to any interested members of the public. Source: SL 1992, ch 260, §34B.
SD Codified L § 34A-13-17 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-17 - Attachment of fund to Department of Agriculture and Natural Resources--Reimbursement of costs.

34A-13-17. Attachment of fund to Department of Agriculture and Natural Resources--Reimbursement of costs.The fund is attached to the Department of Agriculture and Natural Resources for budgeting and administrative support. All necessary costs of the Department of Agriculture and Natural Resources for these services shall be reimbursed from the inspection fees collected pursuant to this chapter. Source: SL 1988, ch 290, §17; SL 1991, ch 294, §26; SL 2003, ch 272 (Ex. Ord. 03-1), §31; SL 2011, ch 1 (Ex. Ord. 11-1), §154, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-13-18 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-18 - Deposit and crediting of revenue.

34A-13-18. Deposit and crediting of revenue. Revenue from the following sources shall be deposited in the state treasury and credited to a petroleum release compensation fund:(1)Any fees imposed by §34A-13-20;(2)Any money recovered by the fund pursuant to §34A-13-9, including administrative expenses, and any money paid under an agreement, stipulation, or settlement;(3)Any interest attributable to investment of money in the fund;(4)Any money received by the secretary of agriculture and natural resources in the form of gifts, grants other than federal grants, reimbursements, or appropriations from any source intended to be used for the purposes of the fund;(5)Any money or other assets received by the secretary of agriculture and natural resources in connection with any loan from the fund or any account in the fund. Source: SL 1988, ch 290, § 18; SL 1989, ch 310, § 4; SL 1993, ch 48, § 20; SL 1995, ch 321 (Ex. Ord. 95-5), § 17; SL 2011, ch 1 (Ex. Ord. 11-1), § 155, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2021, ch 163, § 7.
SD Codified L § 34A-13-20 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-20 - Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue.

34A-13-20. Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue.A petroleum release compensation and tank inspection fee is imposed upon any petroleum products upon which the fuel excise tax is imposed by §§10-47B-5 to 10-47B-10, inclusive, 10-47B-9.1, and 10-47B-13. None of the exemptions from fuel excise tax allowed in §10-47B-19 apply to this fee. The parties required to pay the fuel excise tax pursuant to the provisions of §§10-47B-21 to 10-47B-26, inclusive, and 10-47B-29 and 10-47B-31 are liable for payment of the petroleum release and tank inspection fee. In cases where the fuel is exempt from the fuel excise tax under the provisions of subdivisions 10-47B-19(1), (3), and (5), the supplier shall pay the fee. Responsibility for payment of the fee ceases if the petroleum product is sold and delivered by a licensed exporter outside of the state. The amount of the fee imposed is twenty dollars per one thousand gallons of petroleum. The revenue collected pursuant to this section shall be distributed monthly in the following manner:(1)In fiscal year 2019, fifty-five percent shall be deposited in the state capital construction fund, twenty-five percent shall be deposited in the ethanol fuel fund, and twenty percent shall be deposited in the petroleum release compensation fund;(2)In fiscal year 2020, sixty percent shall be deposited in the state capital construction fund, twenty percent shall be deposited in the ethanol fuel fund, nineteen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund as created in §10-47B-164.1;(3)In fiscal year 2021, sixty-six percent shall be deposited in the state capital construction fund, fifteen percent shall be deposited in the ethanol fuel fund, eighteen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund;(4)In fiscal year 2022, seventy-two percent shall be deposited in the state capital construction fund, ten percent shall be deposited in the ethanol fuel fund, seventeen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund; and(5)Beginning in fiscal year 2023, eighty-one and one-half percent shall be deposited in the state capital construction fund, seventeen percent shall be deposited in the petroleum release compensation fund, and one and one-half percent shall be deposited in the ethanol infrastructure incentive fund. Source: SL 1988, ch 290, §20; SL 1989, ch 310, §6; SL 1991, ch 294, §10; SL 1992, ch 260, §17; SL 1993, ch 48, §18; SL 1995, ch 71, §191; SL 1998, ch 218, §1; SL 2002, ch 170, §1; SL 2009, ch 55, §33; SL 2018, ch 124, §1.
SD Codified L § 34A-13-20.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-20.1 - Transfer of funds to and from state highway fund.

34A-13-20.1. Transfer of funds to and from state highway fund.If the balance of the petroleum release compensation fund falls below two million dollars and has additional accounts payable that exceed projected monthly deposits pursuant to §34A-13-20, a transfer shall be made from the state highway fund to the petroleum release compensation fund in an amount that brings the balance of the petroleum release compensation fund to five million dollars.Any balance in the petroleum release compensation fund in excess of six million dollars, after any monthly deposit made pursuant to §34A-13-20, shall be transferred to the state highway fund. Source: SL 2018, ch 124, §2.