reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.