reglab/housing_qa huggingface dataset:
SD Codified L § 34A-15-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage|Section 34A-15-2 - Definition of terms.

34A-15-2. Definition of terms.Terms used in this chapter mean:(1)"Contaminate or pollute," "contaminating or polluting," or "contamination or pollution," contamination or pollution of air, water, real or personal property, livestock, wild animals, birds, fish, other aquatic life, or human beings from a location within the State of South Dakota, including contamination or pollution from hazardous waste, as defined in §34A-11-2;(2)"Lender-owner," any person, partnership, limited liability company, corporation, association, organization, or other legal entity which by virtue of foreclosure, whether by action, advertisement, or voluntary, nonjudicial foreclosure, or upon receipts of an assignment, bill of sale, or deed in lieu of foreclosure, becomes the owner of real or personal property;(3)"Representative," any person, partnership, limited liability company, corporation, association, organization, or other legal entity acting in the capacity of a receiver, conservator, guardian ad litem, personal representative of a deceased person, or trustee or fiduciary of real or personal property. However, the terms trustee and fiduciary are limited to entities acting as trustee or fiduciary and which are charted by the State Division of Banking, the office of the United States comptroller of the currency, or the office of thrift supervision;(4)"Third parties," persons, partnerships, limited liability companies, corporations, associations, organizations, or legal entities other than governmental entities seeking to enforce federal, state, or local environmental statutes, ordinances, regulations, permits, or orders; and(5)"Third-party liability," liability to third parties for any claims arising out of or resulting from contamination or pollution, including claims for personal injury, consequential damages, lost profits, exemplary damages, or property damages. Source: SL 1992, ch 261, §2; SL 1994, ch 351, §75; SL 2011, ch 165, §160.
SD Codified L § 34A-15-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage|Section 34A-15-3 - Determination of owner or operator.

34A-15-3. Determination of owner or operator.No person, partnership, limited liability company, corporation, association, organization, or other legal entity may be deemed to be an owner or operator of real or personal property who, without participating in the management of the subject real or personal property, holds indicia of ownership primarily to protect a security or lien hold interest in the subject real or personal property or in the property in which the subject real or personal property is located. Source: SL 1992, ch 261, §3; SL 1994, ch 351, §76.
SD Codified L § 34A-15-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage|Section 34A-15-4 - Limitation on third-party liability for damage to property--Vesting of title.

34A-15-4. Limitation on third-party liability for damage to property--Vesting of title.No lender-owner or representative may by virtue of becoming the owner of real or personal property be liable for any third-party liability arising from contamination or pollution emanating from the property before the date the title vests in the lender-owner or representative. For the purposes of this chapter, the issuance of a sheriff's certificate of sale is not sufficient to vest title in the lender-owner or representative. Source: SL 1992, ch 261, §4.
SD Codified L § 34A-15-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage|Section 34A-15-5 - Conditions of limitations--Efforts to resell property.

34A-15-5. Conditions of limitations--Efforts to resell property.No lender-owner or representative may, by virtue of becoming the owner of real or personal property, be liable for any third-party liability arising from contamination or pollution emanating from the property during the period of ownership so long as, and to the extent that:(1)The lender-owner or representative does not knowingly cause new contamination or pollution or does not knowingly allow others to cause new contamination or pollution;(2)The lender-owner has caused an environmental professional to conduct a visual inspection of the property and a record search of the recorded chain of title documents regarding the real property for the prior fifty years to determine the presence and condition of hazardous wastes or substances, obvious contamination, or pollution; and(3)The lender-owner found by the enforcing agency to be in noncompliance with federal or state laws, takes steps to assure compliance with applicable laws.This section applies to a lender-owner or representative as long as he makes reasonable efforts to resell the property. Source: SL 1992, ch 261, §5.
SD Codified L § 34A-15-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage|Section 34A-15-6 - Exclusion for liability expressly created under federal or state laws.

34A-15-6. Exclusion for liability expressly created under federal or state laws.Sections 34A-15-3 to 34A-15-5, inclusive, do not affect any liability expressly created under federal or state health or environmental statutes, regulations, rules, permits, or orders. Source: SL 1992, ch 261, §6.
SD Codified L § 34A-15-6.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage|Section 34A-15-6.1 - State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation.

34A-15-6.1. State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation.Notwithstanding the provisions of §34A-15-6, a lender-owner is not liable for environmental, response, cleanup, or remediation costs at a brownfields site approved by the Department of Agriculture and Natural Resources for participation in the state brownfields revitalization and economic development program unless:(1)The lender-owner, its employees, or agents directly cause an immediate release or directly exacerbate a release of the regulated substances on or from the property or directly violate any environmental statute or regulation; or(2)The lender-owner, its employees, or agents knowingly and willfully compelled the borrower to:(a)Perform an action that caused an immediate release of regulated substances in excess of reportable quantities; or(b)Violate any environmental statute or regulation.Liability pursuant to this section is limited to the cost for a response action or remediation that is directly attributable to the lender-owner's activities set forth in subdivisions (1) and (2) of this section. Liability arises only if the lender-owner's actions were the proximate cause of the release or violation. Ownership or control of the property pursuant to a security interest during or after foreclosure does not by itself result in liability. No lender-owner is liable for any response action or remediation if the response action or remediation arises solely from a release of regulated substances in excess of reportable quantities that occurred before or commences before and continues after foreclosure. However, the lender-owner is responsible for the portion of the response action or remediation that is directly attributable to the lender-owner's aggravation of a release. A release of regulated substances in excess of reportable quantities discovered in the course of conducting environmental due diligence is presumed to be a prior or continuing release on the property. Source: SL 2004, ch 228, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-15-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage|Section 34A-15-7 - Effective date.

34A-15-7. Effective date.This chapter applies to civil actions filed on or after July 1, 1992. Source: SL 1992, ch 261, §7.
SD Codified L § 34A-16-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-1 - Creation of a regional recycling and waste management district.

34A-16-1. Creation of a regional recycling and waste management district.Any municipality, county, or portion of a county within this state and any one or more other municipalities, counties, or portions of counties within this state may create a regional recycling and waste management district, which may provide facilities and services pursuant to this chapter for the management of solid waste as defined in §34A-6-1.3. A district may exercise its powers upon filing with the secretary of state a notice of incorporation pursuant to chapter 6-10. A county may be divided into more than one regional recycling and waste management district; however, a municipality may only be included in a district if the entire area of the municipality lies within the district. No geographical area may be included in more than one regional recycling and waste management district, and the lands within a district need not be contiguous, provided that no more than one hundred twenty miles may intervene between noncontiguous areas. The creation of a regional recycling and waste management district shall be authorized by approval of the district's proposed articles of incorporation through a resolution of the governing body of each county and municipality listed in the proposed articles as being necessary for incorporation of the district. No county or municipality may be included in a district unless its governing body has adopted an authorizing resolution pursuant to this chapter. Source: SL 1993, ch 259, §1.
SD Codified L § 34A-16-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-2 - Notice of public hearing.

34A-16-2. Notice of public hearing.No county or municipality may adopt a resolution authorized by §34A-16-1 or 34A-16-9 without a public hearing on the resolution. Notice of the hearing shall be given at least ten days before the hearing in the official newspapers of the county or municipality. Any resolution authorized pursuant to §34A-16-1 or §34A-16-9 is subject to initiative and referendum as provided by chapters 7-18A and 9-20. Source: SL 1993, ch 259, §2.
SD Codified L § 34A-16-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-3 - Governing body--Composition--Terms--Vacancy.

34A-16-3. Governing body--Composition--Terms--Vacancy.The governing body of the regional recycling and waste management district shall consist of commissioners elected or appointed as specified in the proposed articles of incorporation. The commissioners of the regional recycling and waste management district shall be composed solely of elected officials from the local governments that are included in the district. There shall be at least one commissioner from each county or fraction thereof. The names of the initial board of commissioners shall be designated in the articles of incorporation. The initial commissioners' terms shall be at least one year, and shall end on December thirty-first of the year during which a general election is held. The articles of incorporation may provide for the appointment of additional commissioners to represent areas that may be added to the district pursuant to §34A-16-9. The addition of any new municipality or county may not be deemed an amendment to the articles of incorporation of the district. The total number of commissioners in a district shall be established in the articles of incorporation. The terms of commissioners who are first elected shall be: at least one-half but no more than sixty percent of the commissioners for terms of four years, and the remainder of the commissioners for terms of two years. Except for the commissioners first elected or appointed, all commissioners shall be elected or appointed for terms of four years each. However, if a vacancy occurs other than by expiration of a term, the district board shall fill the unexpired term by appointment. Each commissioner shall hold office until his successor has been elected or appointed and has qualified. Source: SL 1993, ch 259, §3.
SD Codified L § 34A-16-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-4 - Articles of incorporation.

34A-16-4. Articles of incorporation.Upon the appointment and qualification of the initial commissioners of the board of a regional recycling and waste management district, the board shall submit to the secretary of state the district's proposed articles of incorporation. The district shall be incorporated as provided in chapter 6-10. Source: SL 1993, ch 259, §4.
SD Codified L § 34A-16-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-5 - Actions involving the validity or enforcement of any contract.

34A-16-5. Actions involving the validity or enforcement of any contract.In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional recycling and waste management district, the district is conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon compliance with §34A-16-4. Source: SL 1993, ch 259, §5.
SD Codified L § 34A-16-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-6 - Amendment of articles of incorporation.

34A-16-6. Amendment of articles of incorporation.The articles of incorporation of a regional recycling and waste management district may be amended by a resolution approved by at least two-thirds of the governing bodies of the municipalities and counties included in the district. Source: SL 1993, ch 259, §6.
SD Codified L § 34A-16-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-7 - Powers of each district.

34A-16-7. Powers of each district.The powers of each regional recycling and waste management district are vested in the commissioners of the district. Each district shall adopt procedures for its own operation not inconsistent with its articles of incorporation and this chapter. The articles of incorporation may provide for an executive board with the power to conduct the business of the district. The issuance of bonds and the adoption or modification of ordinances shall be approved by the full governing body. Each regional recycling and waste management district shall organize and elect officers for terms of office to be fixed by the board of commissioners. There shall be elected a chairman and vice-chairman from among the commissioners. A district may employ an executive director, secretary, technical experts or such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. A district may employ or contract for its own legal counsel, legal staff, engineering, or other professional services. Source: SL 1993, ch 259, §7.
SD Codified L § 34A-16-8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-8 - Travel and subsistence expenses--Per diem.

34A-16-8. Travel and subsistence expenses--Per diem.Each commissioner shall receive travel and subsistence expense in accordance with the rules established by the State Board of Finance. In addition, per diem at rates established by the Board of Finance shall be paid each member for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the board of commissioners. Travel, subsistence, and per diem shall be paid on vouchers duly verified and approved according to the rules determined by the Board of Finance. Source: SL 1993, ch 259, §8.
SD Codified L § 34A-16-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-9 - Expansion of district.

34A-16-9. Expansion of district.A regional recycling and waste management district may expand to include additional areas not provided for in the articles of incorporation if the governing body of the county or municipality in which such additional areas are located, after the public hearing required in §34A-16-2, adopts a resolution requesting inclusion in the district and the commissioners of the district adopt a resolution consenting to the expansion. If a municipality included within a district annexes territory, the annexed area shall be included in the same district as the municipality. Source: SL 1993, ch 259, §9.
SD Codified L § 34A-16-10 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-10 - Reduction in size of district.

34A-16-10. Reduction in size of district.A regional recycling and waste management district may be reduced in size if the governing body of a county or municipality submits to the district a resolution requesting release of a specified area from the district and the board of commissioners of the district adopts a resolution consenting to the reduction and makes provisions for the retention or disposition of its assets and liabilities. However, if the district has any bonds outstanding, no reduction in size may release any county or municipality from its obligations, if any, with respect to such bonds. Source: SL 1993, ch 259, §10.
SD Codified L § 34A-16-11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-11 - Expansion or reduction in size--Certified copy of governing resolution.

34A-16-11. Expansion or reduction in size--Certified copy of governing resolution.If a regional recycling and waste management district is expanded or reduced in size pursuant to §34A-16-9 or 34A-16-10, the district shall forward to the secretary of state a certified copy of each resolution adopted by the board of commissioners governing the expansion or reduction. Source: SL 1993, ch 259, §11.
SD Codified L § 34A-16-12 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-12 - County or municipality cooperation in the planning, construction, or operation of solid waste facilities.

34A-16-12. County or municipality cooperation in the planning, construction, or operation of solid waste facilities.For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of solid waste facilities pursuant to this chapter, any county or municipality included in a district may, upon such terms, with or without consideration, as it may determine:(1)Lend or donate money to the district;(2)Cause water, sewer, or drainage facilities or any other facilities which it is empowered to provide, to be furnished adjacent to or in connection with solid waste facilities;(3)Dedicate, sell, convey, or lease any of its interest in property or grant easements, licenses, or any other rights or privileges therein to the district without regard to public bidding or any other restrictions on disposition of public property;(4)Furnish, dedicate, close, pave, install, grade, regrade, plan, plat, or replat streets, roads, roadways, and walks to such solid waste facilities;(5)Do all things that counties and municipalities singly or in combination are allowed by law to do relating to the management of solid waste and that are necessary or convenient to aid and cooperate with the district in the planning, undertaking, construction, or operation of solid waste facilities, including providing labor or services to the district; and(6)Enter into agreements with the district regarding action to be taken by the county or municipality pursuant to the provisions of this section. Source: SL 1993, ch 259, §12.
SD Codified L § 34A-16-13 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-13 - County or municipality contracts with district for provision of waste facilities and services--Terms.

34A-16-13. County or municipality contracts with district for provision of waste facilities and services--Terms.Any county or municipality may enter into a contract for any term of years not to exceed ten years as the governing body may determine with any regional recycling and waste management district for provision by the district of solid waste facilities or services. If any contract entered into pursuant to this section extends for more than one year, an appropriation need not have been previously made concerning such expense, except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof. Any such contract shall bind all future governing bodies of the county or municipality and thereafter each such governing body shall annually appropriate an amount sufficient to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year. Source: SL 1993, ch 259, §13.
SD Codified L § 34A-16-14 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-14 - Powers of district.

34A-16-14. Powers of district.A regional recycling and waste management district is hereby granted all powers necessary or convenient to perform its duties, including the ability to enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes. Source: SL 1993, ch 259, §14.
SD Codified L § 34A-16-15 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-15 - District's capacity to sue or be sued.

34A-16-15. District's capacity to sue or be sued.A district may sue and be sued, and is a public corporation and political subdivision of the State of South Dakota. Source: SL 1993, ch 259, §15.