South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:06 - Reimbursement for third-party claims › Section 74:32:06:04 - Exclusions from reimbursement for third-party claims

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the exclusion allowed in SDCL chapter 34A-13, the
	 reimbursement for third-party claims authorized by this chapter does not apply
	 to and may not be provided for the following:
(1) Bodily injury or property damage costs
  for which the covered party is obligated to pay because of the express
  assumption of liability in a written contract or agreement;
(2) A release which was expected or intended
  from the standpoint of the covered party except for such releases ordered by
  governmental regulatory entities or law enforcement agencies having
  jurisdiction to order such a release;
(3) Obligation of the covered party for
  workers' compensation benefits, disability benefits, or unemployment insurance
  benefits;
(4) Bodily injury to an
  employee of the covered party or to the spouse, child, parent, brother, or
  sister of that employee arising out of and in the course of the employee's
  employment by the covered party. This exclusion applies whether the covered
  party may be liable as an employer or in any other capacity and to any
  obligation of the covered party to share damages with or repay someone else who
  must pay damages because of the injury;
(5) Property damage to property a responsible
  person owns, borrows, rents, or occupies;
(6) Property damage to a waste
  facility;
(7) Property damage to
  personal property in the care, custody, or control of a responsible
  person;
(8) Loss of value to a
  third party claimant's property if, after corrective action, the property is in
  compliance with state environmental standards;
(9) A release at a waste facility;
(10) A release attributable to a covered
  party's willful or deliberate failure to comply with an applicable statute,
  regulation, ordinance, directive, or order relating to the protection of the
  environment and promulgated by a governmental body having jurisdiction over the
  release;
(11) Fines or
  penalties;
(12) A release if the
  responsible person was not in substantial compliance with state and federal
  regulations applicable to the tank or has failed to comply with any provisions
  of SDCL chapters 34A-13 and 34A-14 or rules promulgated under them;
(13) Bodily injury or property damage caused
  by a release from any of the following:
(a) A
  tank that meets any of the following conditions:
(i) Situated in an underground area, such as
  a basement, cellar, mineworking, drift, shaft, or tunnel, if the tank is
  situated upon or above the surface of the floor;
(ii)Owned or operated by the state, its
  political subdivisions, or federal government entities whose debts and
  liabilities are the state's or the United States government's;
(iii) Used in conjunction with electrical or
  hydraulic equipment;
(iv) With a
  capacity of 110 gallons or less;
(v) Used for storing heating oil for use on
  the premises where it is situated; or
(vi) Used to store motor fuel for
  noncommercial purposes on a farm or residence and with a capacity of 1,100
  gallons or less;