reglab/housing_qa huggingface dataset:
SD Codified L § 34A-11-24 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 11 - Hazardous Waste Management|Section 34A-11-24 - Hazardous waste revolving fund--Administration--Use of funds.

34A-11-24. Hazardous waste revolving fund--Administration--Use of funds.There is hereby established in the state treasury a special revolving fund to be designated as the hazardous waste revolving fund. This fund shall consist of all moneys from all lawful public and private sources including legislative appropriations, federal grants, gifts, fees received pursuant to §§34A-11-12.1 and 34A-11-16.1 and interest on investments made on money in the fund. The fund shall be maintained separately and be administered by the Department of Agriculture and Natural Resources in order to retain consulting and legal services and to defray such other expenses as are reasonable and necessary in order to process applications for hazardous waste disposal facilities and to monitor their operations. Fees not expended on a facilities application or monitoring shall remain a part of the fund but may not be expended for any purpose except the investigation and inspection of hazardous waste management facilities or the processing of hazardous waste management facilities permit applications or modifications. Moneys may be deposited in this fund on an ongoing basis and this fund shall constitute a continuing appropriation of these moneys to be expended for the purposes of §§34A-11-12.1 and 34A-11-16.1. Source: SL 1990, ch 289, §4; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-11-25 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 11 - Hazardous Waste Management|Section 34A-11-25 - Disposal fee levied by state--Records.

34A-11-25. Disposal fee levied by state--Records.Because of the additional environmental risks attending hazardous waste disposal facilities, a hazardous waste disposal fee of fifty dollars per ton or part thereof of any hazardous waste is hereby levied and imposed upon the disposal of hazardous waste at any hazardous waste disposal facility permitted under this chapter, excluding the disposal of hazardous waste disposed of in a process of energy recovery. The fee imposed by this section shall be in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of a hazardous waste disposal facility. The incineration or thermal destruction of hazardous waste shall be considered disposal for the purpose of this fee.The hazardous waste disposal fee imposed by this section shall be paid by the owner of the hazardous waste disposal facility and remitted to the state treasury. The obligation of the owner to pay the fee accrues at the time hazardous waste is disposed of at a hazardous waste disposal facility. The fee imposed by this section shall be payable on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on such form or forms as may be prescribed by the secretary of revenue. Each owner of a facility who is required to pay the fee imposed by this section shall keep complete and accurate records in such form as the board or the secretary of revenue, by rules promulgated pursuant to chapter 1-26, may require.Fees collected under this section shall be deposited in the South Dakota environment and water resources trust fund established pursuant to §46A-1-82. Source: SL 1990, ch 289, §5.
SD Codified L § 34A-11-26 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 11 - Hazardous Waste Management|Section 34A-11-26 - County or municipal disposal fee--Distribution of fee shares.

34A-11-26. County or municipal disposal fee--Distribution of fee shares.In addition to the hazardous waste disposal fee assessed by the state under §34A-11-25, a county or municipality may impose and levy a hazardous waste disposal fee upon the disposal of hazardous waste at any hazardous waste disposal facility within, or operated under, its jurisdiction excluding those facilities disposing of hazardous waste in a process of energy recovery. Fees imposed under this section are in addition to all other fees and taxes levied by law. The incineration or thermal destruction of hazardous waste is considered disposal for the purpose of this fee.The fee imposed by this section shall be paid by the owner of the hazardous waste disposal facility and remitted to the county or municipal treasurer. The obligation of the owner to pay the fee accrues at the time hazardous waste is disposed of at a hazardous waste disposal facility. The owner of the facility may collect these fees from persons disposing of hazardous waste at the owner's facility. The fee imposed by this section is payable on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on forms prescribed by the county or municipal treasurer. Each person required to pay the fee imposed by this section shall keep complete and accurate records in a form required by the county or municipal treasurer.The county or municipality may distribute shares of this fee to the municipalities and school districts within its boundary as it deems appropriate considering the location of the facility and the impacts on the representation jurisdiction. Source: SL 1990, ch 289, §6; SL 2011, ch 165, §151.
SD Codified L § 34A-12-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-3 - Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual legislative review.

34A-12-3. Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual legislative review. There is hereby established in the state treasury an operating fund to be known as the regulated substance response fund for the purpose of providing funds for the clean up of regulated substance discharges. Funds from the following sources shall be deposited into the response fund:(1)Direct appropriations to the response fund from the general fund;(2)Money, other than criminal fines assessed in criminal actions, recovered by the state in any action or administrative proceeding based upon violation of the state's environmental statutes or upon damage to the environment, including actions for administrative expense recoveries, civil penalties, compensatory damages, and money paid pursuant to any agreement, stipulation, or settlement in such actions or proceedings;(3)Interest attributable to investment of the money in the response fund;(4)Money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of the response fund.All money in the response fund is continuously appropriated for the purposes specified in §34A-12-4. All money received by the department for the response fund shall be set forth in an informational budget pursuant to §4-7-7.2 and be annually reviewed by the Legislature. Source: SL 1988, ch 291, §4; SL 2021, ch 163, § 6.
SD Codified L § 34A-12-3.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-3.1 - Subfund created--Disbursement and use of funds.

34A-12-3.1. Subfund created--Disbursement and use of funds.A subfund of the regulated substances response fund is hereby created for recovered leaking underground storage tank trust fund moneys. The subfund shall be separately maintained and administered in the manner required by the Superfund Amendments and Reauthorization Act of 1986 as amended as of January 1, 2011. Moneys deposited in the subfund may be disbursed and used only for the purposes authorized under subtitle I of the Resources Conservation Recovery Act as amended to January 1, 2011. Source: SL 1990, ch 283, §4; SL 2011, ch 165, §153.
SD Codified L § 34A-12-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-4 - Expenditure of funds by secretary--Grounds for expenditures.

34A-12-4. Expenditure of funds by secretary--Grounds for expenditures.When necessary in the performance of the secretary's duties under §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 and Title 34A relative to discharges, the secretary may expend funds from the response fund to provide for the costs of investigations, emergency remedial efforts, corrective actions, and managerial or administrative activities associated with such activities. The secretary's use of the response fund shall be based upon the following:(1)In the case of an investigation, when the secretary determines that a discharge requiring an emergency remedial effort may have occurred and that the general operating budget of the department for such purposes is not adequate to cover the costs of the necessary investigatory activities;(2)In the case of an emergency remedial effort, when the secretary determines that a discharge has occurred and that corrective actions shall be immediately undertaken to protect an imminent threat to the public health or safety or to contain a discharge which, if not immediately contained, shall in time pose a significantly greater threat to public health or safety or to the environment of this state than if such action is not immediately taken;(3)In the case of a discharge not of an emergency nature when the secretary determines that a discharge has occurred, that a responsible party or liability fund capable of performing the corrective actions either cannot be identified or refuses to undertake corrective actions, and that corrective actions shall be undertaken to protect the public health, safety, welfare, or environment of the state. Source: SL 1988, ch 291, §5; SL 1992, ch 158, §55A; SL 1999, ch 182, §3.
SD Codified L § 34A-12-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-5 - Department to perform administrative functions and corrective actions--Disbursements.

34A-12-5. Department to perform administrative functions and corrective actions--Disbursements.The department shall perform all administrative functions relative to the response fund and corrective actions funded by it. Disbursements from the response fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary. Source: SL 1988, ch 291, §6.
SD Codified L § 34A-12-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-6 - Civil action by department for corrective action costs--Recovery of other costs.

34A-12-6. Civil action by department for corrective action costs--Recovery of other costs.The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the response fund pursuant to §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68. The secretary may seek recovery of other funds expended by the department as a result of a discharge through actions brought under the provisions of Title 34A. Source: SL 1988, ch 291, §7; SL 1992, ch 158, §55A.
SD Codified L § 34A-12-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-7 - Promulgation of rules--List of regulated substances.

34A-12-7. Promulgation of rules--List of regulated substances.The secretary shall promulgate rules pursuant to chapter 1-26 to provide for a list of regulated substances whose discharge harms, or threatens harm to, the public health, safety, welfare, or natural resources of the state. Source: SL 1988, ch 291, §8.
SD Codified L § 34A-12-8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-8 - Discharge of regulated substance prohibited--Exception.

34A-12-8. Discharge of regulated substance prohibited--Exception.The discharge of a regulated substance is prohibited. This section does not apply to discharges of regulated substances pursuant to and in compliance with the conditions of a federal or state permit. Source: SL 1988, ch 291, §9.
SD Codified L § 34A-12-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-9 - Report of discharge--Rules for reporting.

34A-12-9. Report of discharge--Rules for reporting.Any person who has caused a discharge of a regulated substance shall immediately report the discharge to the department. The department may promulgate rules pursuant to chapter 1-26 to provide for the procedures to be followed in reporting a discharge. Source: SL 1988, ch 291, §10.
SD Codified L § 34A-12-10 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-10 - Order to take corrective action--Injunctive action--Cease and desist order.

34A-12-10. Order to take corrective action--Injunctive action--Cease and desist order.If a discharge in violation of §34A-12-8 has occurred, or the department has reason to believe that a discharge in violation of §34A-12-8 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. If the responsible person fails to comply with the department's order, the department may file an injunctive action in the circuit court of the county wherein the discharge has occurred seeking such corrective action. If the discharge occurs at any operation permitted under Title 34A or 45 and constitutes a violation of such permit, the department may order the operation to cease and desist further activity for the duration of the corrective action. Source: SL 1988, ch 291, §11.
SD Codified L § 34A-12-11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-11 - Injunctive action for emergency remedial efforts.

34A-12-11. Injunctive action for emergency remedial efforts.The department may file an action in circuit court for preliminary and permanent injunctive relief whenever the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge. Source: SL 1988, ch 291, §12.
SD Codified L § 34A-12-12 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-12 - Strict liability for costs of corrective action.

34A-12-12. Strict liability for costs of corrective action.Any person who has caused a discharge of a regulated substance in violation of §34A-12-8 is strictly liable for the corrective action costs expended by the department pursuant to §§23A-27-25, 34A-1-39, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68. Source: SL 1988, ch 291, §13.
SD Codified L § 34A-12-13 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-13 - Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority.

34A-12-13. Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority.All corrective action costs expended pursuant to §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 shall constitute a lien on all property owned by the responsible person when a notice of lien is filed with the register of deeds in the county in which such property is located. The notice of lien shall contain a description of the property of the responsible person upon which the lien is made, a description of the property upon which corrective action or emergency remedial efforts were made, and a statement of the corrective action costs expended from the response fund. Upon entry, the lien shall attach to all real property of the responsible person. The lien has priority over all other claims or liens on the property, except those which had been perfected prior to the department's filing of the notice of lien. Source: SL 1988, ch 291, §14; SL 1992, ch 158, §55A.
SD Codified L § 34A-12-13.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-13.1 - Authority to establish and enforce remediation requirements.

34A-12-13.1. Authority to establish and enforce remediation requirements.Nothing in this chapter limits the authority of the department to establish environmental standards for remediation of air, soil, or water pollution pursuant to Title 34A, or to enforce site specific environmental remediation requirements in particular cases. This section does not limit the fund's authority to determine what constitutes reasonable and necessary expense in a corrective action. Source: SL 1992, ch 260, §25.
SD Codified L § 34A-12-14 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-14 - Additional remedies.

34A-12-14. Additional remedies.Nothing in §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 38-20A-9, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department or any other person. Administrative remedies need not be exhausted in order to proceed under §§23A-27-25, 34A-1-39, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68. The remedies provided by §§23A-27-25, 34A-1-39, 34A-12-1 to 34A-12-15, inclusive, 38-20A-9, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 are in addition to those provided by existing statutory or common law. Source: SL 1988, ch 291, §15; SL 1992, ch 158, §55A.
SD Codified L § 34A-12-15 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-15 - Deposit of certain moneys in response fund.

34A-12-15. Deposit of certain moneys in response fund.All money collected by the department in the enforcement of the provisions of Titles 34A and 45, or in any other action, proceeding or settlement based upon damage to the environment or a violation of the state's environmental laws, excluding criminal proceedings for criminal fines, shall be deposited into the response fund. Source: SL 1988, ch 291, §16.
SD Codified L § 34A-12-16 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 12 - Regulated Substance Discharges|Section 34A-12-16 - Determination of person responsible for discharge.

34A-12-16. Determination of person responsible for discharge.If the department has determined that a discharge has occurred, the department shall conduct an investigation to determine the responsible person. The investigation may include a title search of the affected property and shall attempt to designate as the responsible person the person deemed to be the most responsible for the occurrence of the discharge. If the identity of the person who caused the discharge can be determined, that person shall be designated as the responsible person. If the identity of the person who caused the discharge cannot be determined, the owner of the property or operator of the tank at the time of the discharge shall be designated as the responsible person. If the person deemed responsible for the discharge contests the department's decision, a title search of the affected property shall be done. Source: SL 1989, ch 309, §1; SL 1990, ch 290, §1.
SD Codified L § 34A-13-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-4 - Immediate corrective action by department.

34A-13-4. Immediate corrective action by department. To assure an adequate response to a release, the director may take corrective action if the department determines that the release constitutes a clear and immediate danger requiring immediate action to prevent, minimize, or mitigate damage to the public health and welfare or the environment. Before taking any action pursuant to this section, the department shall make all reasonable efforts, taking into consideration the urgency of the situation, to order and permit a responsible person to take a corrective action and notify the owner of real property where the corrective action is to be taken. Source: SL 1988, ch 290, §4; SL 2021, ch 163, § 4.
SD Codified L § 34A-13-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-5 - Joint adoption of response procedure.

34A-13-5. Joint adoption of response procedure.The board and the department shall develop jointly, and adopt by rules promulgated pursuant to chapter 1-26, a response procedure for emergency and other corrective actions. Source: SL 1988, ch 290, §5.
SD Codified L § 34A-13-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-7 - Furnishing of information to director--Denial of benefits based on failure to furnish information.

34A-13-7. Furnishing of information to director--Denial of benefits based on failure to furnish information.Any person who the director has reason to believe is a covered party, or the owner of real property where corrective action is ordered to be taken, or any person who may have information concerning a release or a corrective action, shall, if requested by the director, furnish to the director any information that person has or may reasonably obtain that is relevant to the release. Failure on the part of the covered party to do so allows denial of benefits under this chapter pursuant to subdivision 34A-13-8.5(6). Source: SL 1988, ch 290, §7; SL 1991, ch 294, §2; SL 1992, ch 260, §3; SL 2011, ch 165, §155.
SD Codified L § 34A-13-8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-8 - Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

34A-13-8. Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.The director may, upon presentation of official fund credentials:(1)Examine and copy books, papers, records, memoranda, or data of any person who has a duty to provide information to the director under §34A-13-7; and(2)Enter upon public or private property for the purpose of taking action authorized by this section, including obtaining information from any person who has a duty to provide the information under §34A-13-7, conducting surveys and investigations, and taking corrective action.Failure by the covered party to allow access to the property and examination or copying of the documents authorized in this section allows denial of benefits under this chapter pursuant to subdivision §34A-13-8.5(6). Source: SL 1988, ch 290, §8; SL 1991, ch 294, §3; SL 1992, ch 260, §4; SL 2011, ch 165, §156.