reglab/housing_qa huggingface dataset:
SD Codified L § 34A-13-22 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-22 - Payment of fee on monthly basis--Rules.

34A-13-22. Payment of fee on monthly basis--Rules.The fee required by §34A-13-20 shall be paid on a monthly basis by all parties subject to the fee. The board shall establish, by rules promulgated pursuant to chapter 1-26, the time and method of collection, interest on past due amounts, forms and other matters necessary for the collection of the fee. Source: SL 1988, ch 290, §22; SL 1995, ch 71, §192.
SD Codified L § 34A-13-23 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-23 - Audits of persons subject to fee.

34A-13-23. Audits of persons subject to fee.The board may conduct audits or, by agreement, have the Department of Agriculture and Natural Resources conduct audits upon persons subject to the fee. Source: SL 1988, ch 290, §23; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §44, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-13-24 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-24 - Failure to pay fee as misdemeanor--Subsequent violation as felony.

34A-13-24. Failure to pay fee as misdemeanor--Subsequent violation as felony.If a party required to pay the fee imposed by §34A-13-20 on the date due fails to do so, the party is guilty of a Class 1 misdemeanor. Each subsequent violation of this section is a Class 6 felony if the violation occurs within eighteen months of a previous violation. Source: SL 1988, ch 290, §24; SL 1991, ch 294, §11; SL 1995, ch 71, §193.
SD Codified L § 34A-13-25 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-25 - Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements.

34A-13-25. Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements.If any party required to pay the fee fails to do so, the director shall notify that party in writing that failure to pay the fee within fifteen days shall result in the suspension of all benefits under this chapter. The director shall also notify the department, by copy, of the party's failure, and the department may require additional proof of financial responsibility. If the past due fee is paid in full after benefits are suspended, the party may appeal to the board for reinstatement of benefits in a contested case proceeding pursuant to chapter 1-26. The board may deny reinstatement of benefits or grant partial or complete reinstatement of benefits. Any suspension or reinstatement undertaken by the board upon which no judicial action has been commenced prior to January 1, 1992, is hereby ratified. Source: SL 1988, ch 290, §25; SL 1991, ch 294, §12; SL 1992, ch 260, §18; SL 1995, ch 71, §194.
SD Codified L § 34A-13-26 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-26 - Administration of provisions.

34A-13-26. Administration of provisions.The requirements of chapter 1-26 govern the administration of this chapter. Any decision made by the director becomes final unless appealed to the board within thirty days of the date of that decision. The board may, upon agreement with all affected parties, waive any hearing requirements of chapter 1-26 in order to provide for summary disposition of claims. Source: SL 1988, ch 290, §26; SL 1991, ch 294, §13; SL 1992, ch 260, §19.
SD Codified L § 34A-13-27 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-27 - Fund expenditures.

34A-13-27. Fund expenditures.Money in the fund may only be expended or obligated:(1)To administer the petroleum release compensation program established in this chapter;(2)For any administrative costs and costs of corrective action taken by the fund, including investigations, legal actions, consulting costs, and other necessary costs;(3)For any costs of recovering any expenses associated with corrective actions;(4)For training, testing, and certification of those who perform services to be reimbursed under this chapter;(5)For any costs paid to any state agency for services;(6)For research and studies designed to reduce releases and improve petroleum industry methods for storage and to develop information and knowledge to aid in cleanup;(7)To carry out inspections of tanks and to certify inspection persons who may perform approved inspections of tanks;(8)To purchase insurance for the purpose of limiting certain risks associated with providing fund coverage as deemed appropriate by the secretary of agriculture and natural resources;(9)For any service provider unless the director has determined that a conflict of interest exists between the consultant and the contractor that could affect the integrity of the cleanup activities;(10)For rule making; and(11)For training of board members and staff employed by the secretary of agriculture and natural resources. Source: SL 1988, ch 290, §27; SL 1989, ch 310, §7; SL 1990, ch 292, §9; SL 1991, ch 294, §14; SL 1992, ch 260, §20; SL 1995, ch 321 (Ex. Ord. 95-5), §17; SL 2011, ch 1 (Ex. Ord. 11-1), §155, eff. Apr. 12, 2011; SL 2013, ch 166, §39; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-13-31 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-31 - Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements--Reduction for ineligible claims.

34A-13-31. Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements--Reduction for ineligible claims.Reimbursement may be made from the fund only if the board has determined that the costs for which reimbursement is requested were actually incurred, reasonable, and necessary as determined under rules promulgated by the board, and were for actions that did not exceed petroleum remediation requirements established by state statutes and regulations. In establishing what constitutes reasonable and necessary costs, the board shall consider trade usage, local labor and material costs, local conditions and practices, experience of the fund, and shall make allowance for site specific conditions.Any attempt by a covered party to claim reimbursement under circumstances when the covered party knew or should have known that the claimed reimbursement was not allowable under this chapter or rules promulgated hereunder authorizes the board to reduce otherwise allowable claims submitted by the covered party. Any reduction imposed under this section is equal to the amount of the ineligible claim. Source: SL 1988, ch 290, §31; SL 1991, ch 294, §18; SL 1992, ch 260, §24.
SD Codified L § 34A-13-32 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-32 - Continuous appropriation to board for making reimbursements and other purposes--Submission of administrative budget for approval.

34A-13-32. Continuous appropriation to board for making reimbursements and other purposes--Submission of administrative budget for approval.Money in the fund is continuously appropriated to the board for the purpose of making reimbursements under and for the other purposes described in this chapter. The board shall annually submit its administrative budget to the Legislature for approval as provided in §4-8-1. Source: SL 1988, ch 290, §32; SL 1989, ch 310, §9; SL 1991, ch 294, §27.
SD Codified L § 34A-13-33 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-33 - Liability of covered party not limited by reimbursement.

34A-13-33. Liability of covered party not limited by reimbursement.The right to apply for reimbursement and the receipt of reimbursement does not limit the liability of a covered party for damages or costs incurred by any person as a result of a release. Source: SL 1988, ch 290, §33; SL 1992, ch 260, §26.
SD Codified L § 34A-13-34 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-34 - Reimbursement paid to third party who performed cleanup not subject to attachment--Board and fund not subject to legal process, attachment.

34A-13-34. Reimbursement paid to third party who performed cleanup not subject to attachment--Board and fund not subject to legal process, attachment.The amount of reimbursement to be paid for cleanup which was performed by a third party is not subject to legal process or attachment. The board and the fund are not subject to legal process, attachment, lien, or lien foreclosure action by any persons having performed cleanup work or provided materials, supplies, or services for a cleanup project. Source: SL 1988, ch 290, §34; SL 1991, ch 294, §19.
SD Codified L § 34A-13-39 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-39 - Short title.

34A-13-39. Short title.This chapter may be cited as the "Petroleum Inspection and Release Compensation Act." Source: SL 1988, ch 290, §39.
SD Codified L § 34A-13-40 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-40 - Limits of reimbursement for corrective action and third party claims.

34A-13-40. Limits of reimbursement for corrective action and third party claims.The board may provide by rules, promulgated pursuant to chapter 1-26, the limits of reimbursement for corrective action and third-party claims. These limits may not exceed those set forth in §34A-13-8.1, but may consist of any amount equal to or less than the amounts authorized for releases discovered after April 1, 1990. Any limits provided pursuant to this section shall be in addition to reasonable defense costs, including attorneys' fees, for third-party claims. Source: SL 1990, ch 292, §11; SL 1991, ch 294, §21; SL 1992, ch 260, §28.
SD Codified L § 34A-13-41 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-41 - Reimbursement to licensed petroleum marketers and other tank owners.

34A-13-41. Reimbursement to licensed petroleum marketers and other tank owners.The board shall provide reimbursement to licensed petroleum marketers, and other tank owners as defined by the board pursuant to rule for liability to third parties. Coverage may only be extended to tanks which are regulated in §§34A-2-98 and 34A-2-100, excluding tanks which are exempted from coverage requirements by rules promulgated pursuant to chapter 1-26 by the Board of Water Management, in any amount not to exceed nine hundred ninety thousand dollars as described in §§34A-13-8.1 and 34A-13-40 and set forth in §§34A-13-42 to 34A-13-46, inclusive. Source: SL 1990, ch 292, §12; SL 1992, ch 260, §29; SL 1993, ch 256, §39; SL 1995, ch 71, §195; SL 2011, ch 165, §158.
SD Codified L § 34A-13-42 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-42 - Rules for amount, terms and period of third-party reimbursement.

34A-13-42. Rules for amount, terms and period of third-party reimbursement.Prior to providing such third-party reimbursement, the board may promulgate rules pursuant to chapter 1-26 which state the amount of reimbursement, the terms and conditions of reimbursement, the period of reimbursement, and the tanks or occurrence covered by reimbursement. Source: SL 1990, ch 292, §13; SL 1991, ch 294, §22.
SD Codified L § 34A-13-44.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-44.1 - Third-party damages--Benefits intended in or on behalf of covered party.

34A-13-44.1. Third-party damages--Benefits intended in or on behalf of covered party.The provisions of this chapter relating to third-party damages are not intended to confer any benefit or create any rights or entitlements in or on behalf of any person other than a covered party. Source: SL 1991, ch 294, §24; SL 1992, ch 260, §31.
SD Codified L § 34A-13-45 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-45 - Damage prior to April 1, 1990.

34A-13-45. Damage prior to April 1, 1990.No reimbursement may be made for third-party claims if the damage was allegedly caused by a petroleum release reported prior to April 1, 1990. Source: SL 1990, ch 292, §16; SL 1992, ch 260, §32.
SD Codified L § 34A-13-46 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-46 - Tanks at abandoned sites.

34A-13-46. Tanks at abandoned sites.No reimbursement may be provided for third-party claims resulting from tanks at abandoned sites. Source: SL 1990, ch 292, §17; SL 1992, ch 260, §33.
SD Codified L § 34A-13-47 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-47 - Time limit for third-party claim.

34A-13-47. Time limit for third-party claim.No action for recovery from the fund for any third-party claim may be maintained unless it is commenced within the time permitted by chapter 15-2 for the commencement of an action against the covered party. Source: SL 1990, ch 292, §18; SL 1992, ch 260, §34.
SD Codified L § 34A-13-48 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-48 - Private insurance as risktaker--Annual report identifying potential companies.

34A-13-48. Private insurance as risktaker--Annual report identifying potential companies.The board shall endeavor to integrate private insurance as the primary or secondary risktaker. The board and insurance industry officials representing pollution coverage who have registered with the board shall meet at least annually to determine the availability, affordability, and progress made to identify potential private companies to provide insurance coverage for resident businesses or individuals for pollution coverage. A report of these findings shall be submitted by the board to the Legislature by January tenth of each year. Source: SL 1990, ch 292, §31A.
SD Codified L § 34A-13-49 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-49 - Abandoned tank removal program created--Eligibility for participation.

34A-13-49. Abandoned tank removal program created--Eligibility for participation.There is hereby created within the petroleum release compensation fund, a new program to be known as the abandoned tank removal program. Under this program, the director may provide payments for tank pulling and corrective action at abandoned sites where the owner or the person having legal custody of an abandoned site has voluntarily requested such action in the manner and time established by the secretary of the Department of Agriculture and Natural Resources and if the following criteria are met:(1)The owner or person having legal custody of the abandoned site has submitted to the director a written request to have the tank removed. The request shall be made in the manner established by the secretary of the Department of Agriculture and Natural Resources to include documentation of eligibility for the site to participate in the abandoned tank removal program, proof of ownership, and legal description;(2)The owner or person having legal custody of the abandoned site has, in writing, waived all claims against the state, its officers, agents, and employees for damages resulting directly or indirectly from the tank pulling or corrective action;(3)If the abandoned site is on private property, all property taxes are current; and(4)The owner or person having legal custody of the abandoned site has agreed to transfer ownership of the removed tank and its contents to the state.No tank is eligible for coverage under this program if the tank is located at the site of a commercially operational motor fuel vendor in service on or after April 1, 1988. Source: SL 2000, ch 175, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §31; SL 2011, ch 1 (Ex. Ord. 11-1), §156, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-13-50 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-50 - Scope of program.

34A-13-50. Scope of program.Payments made from the director for tank pulling and corrective action under the abandoned tank removal program may include:(1)Tank pulling, as defined in this chapter, including the disposal of tank contents and specifically excluding the replacement of surface above the backfill area; and(2)Removal of abandoned waste oil tanks and corrective action of a waste oil release located on an abandoned site. Source: SL 2000, ch 175, §2.
SD Codified L § 34A-13-52 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-52 - Department responsible for tank removal and corrective actions under program--Director to make payments from fund.

34A-13-52. Department responsible for tank removal and corrective actions under program--Director to make payments from fund.The Department of Agriculture and Natural Resources shall be responsible for the tank removal and corrective actions subject to §§34A-13-49 to 34A-13-54, inclusive. The department may contract directly with consultants, contractors, other service providers, state agencies, subdivisions of government, counties, cities, townships, and tribes to carry out the provisions of §§34A-13-49 to 34A-13-54, inclusive. After receiving itemized documentation of all actual costs from the department, the director of the petroleum release compensation fund shall make payment within thirty days of receipt. All tank removals, pollution assessments, and corrective actions taken under §§34A-13-49 to 34A-13-54, inclusive, shall comply with chapters 34A-2 and 34A-12 and the rules promulgated thereunder. Source: SL 2000, ch 175, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-13-53 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-53 - Promulgation of rules.

34A-13-53. Promulgation of rules.The secretary of the Department of Agriculture and Natural Resources may promulgate, pursuant to chapter 1-26, rules regarding practices and procedures necessary to carry out the provisions of the abandoned tank removal program including the form and procedure for application for qualifying for tank pulling and corrective action. Source: SL 2000, ch 175, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §157, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-13-54 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 13 - Petroleum Inspection And Release Compensation|Section 34A-13-54 - Director to suspend payments except at high-risk sites when fund balance is two million dollars or less.

34A-13-54. Director to suspend payments except at high-risk sites when fund balance is two million dollars or less.Except at sites determined to be high risk by the secretary of the Department of Agriculture and Natural Resources using risk-based corrective action criteria, the director shall suspend payments for tank pulling and corrective action at abandoned sites eligible for the abandoned tank removal program if the balance of the fund is two million dollars or below. The director shall resume payments for tank pulling and corrective action at abandoned sites eligible for the abandoned tank removal program if the fund balance exceeds two million dollars. Except as provided in §§34A-13-49 to 34A-13-54, inclusive, all other limits of coverage, conditions, and criteria in this chapter apply to tank pulling and corrective action taken at abandoned sites. Source: SL 2000, ch 175, §6; SL 2002, ch 170, §6; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-15-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage|Section 34A-15-1 - Legislative findings.

34A-15-1. Legislative findings.The Legislature hereby finds, and declare to be the public policy of this state, that:(1)Environmental laws of the United States and this state provide that the owner of the real property is liable for the cleanup of property contamination and define who is the owner of such property;(2)If a borrower defaults on a loan, a lender must decide whether to foreclose and potentially become the owner. For fear of becoming liable for conditions they did not create, lenders are showing a reluctance to foreclose, thus leaving no one responsible for the cleanup. Additionally, lenders are reluctant to lend to certain types of businesses because of this potential liability;(3)So that lenders can predict with more certainty what the costs will be if they foreclose, it is the intent of the Legislature to limit third-party liability for lenders who comply with certain conditions. Source: SL 1992, ch 261, §1.