reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-13 - Application for permits--Rules--Hearings.

34A-11-13. Application for permits--Rules--Hearings.
The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26, governing the application for permits to own, construct, modify, or operate a hazardous waste treatment, storage, or disposal facility. The rules may require the submission of plans, specifications, and other information as may be necessary to execute the provisions of this chapter. The board may promulgate rules allowing the issuance or denial of a permit by the Department of Agriculture and Natural Resources following notice and opportunity for a hearing before the board on the department's proposed decision.
Source: SL 1983, ch 262, §13; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-14 - Terms and conditions of permits--Civil penalty for violation.

34A-11-14. Terms and conditions of permits--Civil penalty for violation.
Any permit issued pursuant to this chapter may prescribe terms and conditions for record keeping, reporting, monitoring, sampling, inspections, compliance schedules, and such other terms and conditions as may be necessary to ensure compliance with this chapter and rules adopted pursuant to this chapter. A violation of the terms of the permit is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.
Source:
SL 1983, ch 262, §14; SL 1992, ch 158, §54.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-15 - Revocation, modification, or suspension of permit--Grounds.

34A-11-15. Revocation, modification, or suspension of permit--Grounds.
Any permit issued pursuant to this chapter may be revoked, modified, or suspended, in whole or in part, during its term for cause, including the following:
(1)Violation of any condition of the permit;
(2)Obtaining a permit by misrepresenting or failing to disclose fully all relevant facts; or
(3)A change in condition or discovery of new information which requires a temporary or permanent reduction, or termination of the permitted activity.
Source:
SL 1983, ch 262, §15; SL 2011, ch 165, §148.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-16 - Inspection of facilities and records--Monitoring equipment--Reports.

34A-11-16. Inspection of facilities and records--Monitoring equipment--Reports.
The secretary of agriculture and natural resources may:
(1)Enter and have access at reasonable times to any facility used for generation, transportation, treatment, storage, or disposal of hazardous waste and monitoring equipment related thereto;
(2)Inspect and obtain samples from any person of any hazardous wastes or suspected hazardous wastes, and of any containers or labeling for such wastes; a receipt for any samples and a copy of any analysis performed shall be provided to the owner or operator;
(3)Inspect and copy any records relating to any known or suspected or hazardous wastes;
(4)Require the installation and use of monitoring equipment or methods necessary to ensure compliance with this chapter;
(5)Require the preparation and submission of reports or other information by any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes.
Source: SL 1983, ch 262, §16; SL 2005, ch 10, §29; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-16.1 - Annual fee for inspection and monitoring.

34A-11-16.1. Annual fee for inspection and monitoring.
The department shall assess an annual fee of twenty-five thousand dollars for the inspection, investigation, and monitoring of each hazardous waste disposal facility disposing of more than five hundred tons of hazardous waste per annum. The fee shall be payable to the department one year from the date of the issuance of the permit of the facility and on that same date each year thereafter until operations under the permit cease and the facility is properly closed with the exception of those years where a facility has made application for renewal and paid the required renewal application fee. The department shall deposit the fee in the hazardous waste revolving fund established pursuant to §34A-11-24. The incineration or thermal destruction of hazardous wastes shall be considered disposal for the purpose of this section.
Source:
SL 1990, ch 289, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-17 - Notice and order for correction of violation.

34A-11-17. Notice and order for correction of violation.
If the secretary of agriculture and natural resources determines that a person is in violation of this chapter, or any rule promulgated pursuant to this chapter, the secretary may cause written notice and an order to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice and order shall state the statute or rule allegedly violated, the pertinent facts, the nature of any corrective action that may be required and the time within which the action is to be taken. A notice and order may include a suspension or revocation of a permit issued under this chapter. For purposes of this chapter, service by mail is considered complete on the date of mailing.
Source: SL 1983, ch 262, §17; SL 2005, ch 10, §30; SL 2011, ch 165, §149; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-18 - Hearing on violation--Time for request--Notice--Action by board.

34A-11-18. Hearing on violation--Time for request--Notice--Action by board.
The notice of violation and order is final thirty days after the order is served unless the person named submits a written request for hearing to the secretary of agriculture and natural resources before the thirtieth day. If a request is submitted by mail, it is considered to have been submitted on the date of mailing. The secretary shall notify the Board of Minerals and Environment of receipt of a request for a hearing. The board shall conduct a public hearing. Notice of the hearing consistent with §1-26-17 shall be sent to the alleged violator and published in a newspaper of general circulation in the county where the violation is alleged to have occurred. The board may affirm, reverse, or modify the notice of violation or order following a contested case hearing.
Source: SL 1983, ch 262, §18; SL 2005, ch 10, §31; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-19 - Circuit court action against violator--Injunction.

34A-11-19. Circuit court action against violator--Injunction.
In lieu of, or in addition to, issuance of a notice of violation and order, the secretary of agriculture and natural resources may bring an action in the circuit court of the county where the violation occurred, or is threatening to occur, for injunctive or other appropriate relief.
Source:
SL 1983, ch 262, §19; SL 2021, ch 1 (Ex. Ord. 21-3), § 63, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-21 - Violations classified as felonies.

34A-11-21. Violations classified as felonies.
Any person who knowingly transports a hazardous waste to an unpermitted facility; who knowingly treats, stores, or disposes of hazardous waste without a permit or in violation of a permit term or condition; or who makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for purposes of ensuring compliance with this chapter is guilty of a Class 4 felony.
Source:
SL 1983, ch 262, §21.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-22 - Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor.

34A-11-22. Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor.
Any records, reports, or information obtained from any person under this chapter shall be available to the public. If the secretary of agriculture and natural resources determines that a record, report, or information reveals methods or processes entitled to protection as trade secrets, the secretary may consider such record, report, or information confidential. However, the record, report, or information may be disclosed to other officers, employees, or authorized representatives of the state or federal government concerned with executing the provisions of this chapter, or if relevant, in any proceeding under this chapter. Any person who knowingly and willfully divulges or discloses any information entitled to protection under this section is guilty of a Class 1 misdemeanor.
Source: SL 1983, ch 262, §22; SL 2005, ch 10, §32; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 11 - Hazardous Waste Management › Section 34A-11-23 - Other rights to abate nuisances and pollution unaffected.

34A-11-23. Other rights to abate nuisances and pollution unaffected.
Nothing in this chapter abridges or alters any rights of action or remedies in equity or under the common law or statutory law, criminal or civil. Nothing in this chapter may be construed as estopping any person in the exercise of the person's rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
Source:
SL 1983, ch 262, §23; SL 2011, ch 165, §150.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-8.1 - Reimbursement by fund for corrective action costs--Limitation--Costs for releases.

34A-13-8.1. Reimbursement by fund for corrective action costs--Limitation--Costs for releases.
The fund may provide reimbursement of reasonable and necessary costs to an eligible covered party for an approved corrective action in excess of ten thousand dollars and not to exceed one million dollars for releases reported after April 1, 1988. Costs incurred for releases reported prior to April 1, 1988, are eligible for reimbursement only to the extent the costs were incurred after that date. Reimbursement to an eligible covered party may not exceed one million nine hundred ninety thousand dollars within any fiscal year as provided in §4-10-10. Reimbursement may include costs of an approved corrective action and third-party claims for releases reported after April 1, 1990. Reimbursement may not exceed the reasonable and necessary costs of cleanup under the risk-based cleanup method approved by the water management board pursuant to subdivisions 34A-2-93(13) and 34A-2-99(4).
Source:
SL 1992, ch 260, §5; SL 1995, ch 204, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-8.2 - Percentage of deductible waived for certain releases.

34A-13-8.2. Percentage of deductible waived for certain releases.
The board may waive any percentage it deems appropriate of the deductible if the release is reported after April 1, 1990, and is discovered as a result of an action designed to bring existing equipment into compliance with environmental legal requirements as set forth in §§34A-2-99 and 34A-2-101.
Source:
SL 1992, ch 260, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-8.3 - Limitation on reimbursement for release sites.

34A-13-8.3. Limitation on reimbursement for release sites.
Regardless of the number of releases involved, locations involved, covered parties involved, claims made, suits brought, or persons filing claims or bringing legal action, in no event may the amount of reimbursement for any release site exceed nine hundred ninety thousand dollars unless the director has determined a new occurrence has taken place and all claims for prior occurrences have been established or settled. The provisions of this chapter do not authorize the board to pay any exemplary and noneconomic damages, including damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of society and companionship, hedonic damages, or punitive damages on behalf of any covered party.
Source:
SL 1992, ch 260, §7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-8.4 - Defense costs of certain third-party claims.

34A-13-8.4. Defense costs of certain third-party claims.
In addition to the amounts set forth in this chapter, the board shall provide the defense of third-party claims and all costs related thereto for claims of covered parties arising under this chapter, including attorneys' fees. However, the board may not provide the defense of third-party claims and costs relating thereto, including attorneys' fees, if the coverage limit under this section is exhausted by judgments, settlements, or corrective action costs prior to the commencement of a civil action by the third-party claimant against the covered party.
Source:
SL 1992, ch 260, §8.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-8.5 - Reimbursement to covered party.

34A-13-8.5. Reimbursement to covered party.
Reimbursement from the fund may be made to a covered party only if:
(1)The department and fund were given notice of the release as provided by rule;
(2)At the time the release was discovered, the tank or other container was in substantial compliance with state rules and federal regulations applicable to the tank or other container;
(3)The tank was used primarily or exclusively to contain petroleum;
(4)The covered party applying to the fund, if subject to the tank inspection fee established in this chapter, has paid the fee and is current, or the petroleum involved in the release was supplied by a person who is subject to the tank inspection fee, or the release site is determined to be an abandoned site;
(5)The covered party has satisfied the deductible;
(6)The covered party is cooperating with the director and department in responding to the release;
(7)In a corrective action, the covered party has received funding approval for a site assessment plan from the director prior to incurring costs for the assessment except as provided in §34A-13-9.1;
(8)In a corrective action, the covered party has conducted a site assessment, except as provided in §34A-13-9.1;
(9)In a corrective action, the covered party has submitted a corrective action plan and the director has authorized funding prior to the incurring of costs under the plan except as provided in §34A-13-9.1;
(10)In a corrective action, if the department has declared that an emergency exists and immediate abatement is necessary as provided in §34A-13-4, even though the requirements of subdivisions (7), (8), and (9) of this section are not met until the factors causing the emergency have been addressed to the satisfaction of the department; and
(11)The covered party has submitted his claim on forms provided by the fund and has supplied the information in the manner required by the fund.
Source:
SL 1992, ch 260, §9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-9 - Cost of corrective action--Amount of reimbursement--Exceptions.

34A-13-9. Cost of corrective action--Amount of reimbursement--Exceptions.
A responsible person is liable for the cost of the corrective action taken by the board or the department, including the cost of investigating the release and administrative and legal expenses of the fund. This chapter does not create any new cause of action for damages on behalf of third parties for release of petroleum products against the fund, petroleum marketer, or covered parties. Reimbursement shall be made to a covered party who qualifies pursuant to the criteria set forth in this chapter.
No reimbursement from the fund may be made to a covered party if:
(1)Corrective action has been taken in an emergency pursuant to §34A-13-4, and the responsible person failed to report the existence of the emergency;
(2)The board has taken corrective action because a responsible person could not be identified or a tank has not been registered as required by law; or
(3)The conditions of §34A-13-8.5 have not been met.
Source:
SL 1988, ch 290, §9; SL 1989, ch 310, §2; SL 1990, ch 292, §4; SL 1991, ch 294, §4; SL 1992, ch 260, §10; SL 1995, ch 71, §190; SL 2013, ch 166, §36.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-9.1 - Conditions for reimbursement.

34A-13-9.1. Conditions for reimbursement.
Reimbursement, without a corrective action plan, may be allowed for tank pulling if petroleum contamination in the backfill area exceeds standards established by the department and if the tank pulling removes petroleum contamination to department standards. No reimbursement may be provided for upgrade of a release site taken during a corrective action.
Source:
SL 1990, ch 292, §2; SL 1992, ch 260, §11; SL 2011, ch 165, §157.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-9.2 - Subrogation of fund--Right to recover.

34A-13-9.2. Subrogation of fund--Right to recover.
The fund shall be subrogated to any insurer, risk retention group, or third-party payor. The fund has the right to recover, under any pollution liability insurance contract available to a covered party, any applicable contract involving the covered party, or from any tort-feasor liable to a covered party for a release or an intentional release, or any third-party payor and that right may not be waived by contract. In any action by the fund to recover under this section, the fund may recover all its costs and, in the discretion of the court, its reasonable attorney's fees involved in the action provided demand for payment has been made at least thirty days prior to commencement of an action. Demand for payment under this section shall stay the running of any statute of limitations for thirty days. This section applies to any claim filed after April 1, 1988.
Source:
SL 1990, ch 292, §5; SL 1992, ch 260, §12.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-10 - Avoidance of liability by conveyance or agreement prohibited--Exceptions.

34A-13-10. Avoidance of liability by conveyance or agreement prohibited--Exceptions.
No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement.
However, the provisions of this chapter do not:
(1)Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability;
(2)Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or
(3)Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.
Source:
SL 1988, ch 290, §10; SL 1992, ch 260, §13.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-11 - Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds.

34A-13-11. Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds.
Any reasonable and necessary expenses incurred by the fund in taking a corrective action, including costs of investigating a release, third-party claims, administrative and legal expenses including attorney's fees for prosecuting any action, and defense costs including attorney's fees for any claims, may be recovered in a civil action in circuit court brought by the director against a covered party. The certification of expenses by an approved agent of the fund is prima facie evidence that the expenses are reasonable and necessary. Any expenses that are recovered under this section shall be deposited in the fund.
Source:
SL 1988, ch 290, §11; SL 1990, ch 292, §6; SL 1991, ch 294, §5; SL 1992, ch 260, §14.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-12 - Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required.

34A-13-12. Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required.
Nothing in this chapter limits the powers of the department, or precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department. The department need not exhaust administrative remedies under this chapter in order to pursue any other legal remedy.
The remedies provided by this chapter are in addition to those provided under existing statutory or common law.
Source:
SL 1988, ch 290, §12; SL 1991, ch 294, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-12.1 - Administrative, civil, injunctive, and criminal remedies allowed where pursued by director--Exhaustion of administrative remedies not required.

34A-13-12.1. Administrative, civil, injunctive, and criminal remedies allowed where pursued by director--Exhaustion of administrative remedies not required.
The director need not exhaust administrative remedies under this chapter in order to pursue any other administrative, civil, injunctive, or criminal remedies on behalf of the fund or the board.
Source:
SL 1991, ch 294, §25.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 13 - Petroleum Inspection And Release Compensation › Section 34A-13-14 - Petroleum Release Compensation Board--Appointment of members--Terms.

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