South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:32 - Petroleum inspection and release compensation › Chapter 74:32:01 - General provisions › Section 74:32:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 34A-13-1 have the same meaning
	 when used in this article except as otherwise indicated. In addition, terms
	 used in this article mean:
(1)
  "Board," the Petroleum Release Compensation Board or its authorized
  representative;
(2) "Bodily
  injury," bodily injury, sickness, or disease sustained by an individual,
  including death resulting from any of these at any time;
(3) "Claim," the demand for money or
  services, including the service of suit made upon the covered party;
(4) "Cleanup," necessary and reasonable
  expenses incurred by a covered party for the removal or neutralization of
  petroleum, including necessary and reasonable costs, charges, and expenses
  incurred by geotechnical or environmental firms and their personnel to
  investigate, assess, remediate, or monitor the effects of any covered
  release;
(5) "Covered party," a
  responsible person, an employee of a responsible person, or a responsible
  person's agent who has custody of a responsible person's real
  property;
(6) "Defense costs,"
  reasonable fees charged by the secretary's attorney, court costs, prejudgment
  interest, postjudgment interest, and other reasonable fees, costs, and expenses
  attributed to the secretary's investigation, defense, or appeal of a
  claim;
(7) "Fiscal year," the
  period of time beginning July 1 and ending June 30;
(8) "Legal obligation," an obligation forming
  the basis of a judgment against the covered party in a court of applicable
  jurisdiction;
(9) "Pathway and fate
  analysis," a study conducted to determine the mechanisms and routes by which
  contaminants may enter a specific environment, the specific environments
  potentially affected by the contaminants, and the full final disposition and
  chemical form of the contaminants in those environments;
(10) "Property damage," physical injury to,
  destruction of, or contamination of tangible property, including all resulting
  loss of use of that property, proximately caused by a release; or loss of use
  of tangible property that is not physically injured, destroyed, or
  contaminated, but has been evacuated, withdrawn from use, or rendered
  inaccessible as a proximate result of a release;
(11) "Risk assessment," a scientific
  evaluation of the properties of petroleum products and the conditions of
  environmental and human exposure to petroleum products in order to ascertain
  the likelihood of adverse effects to the environment and exposed humans and the
  nature of such effects;
(12)
  "Secretary," the secretary of the Department of Revenue and
  Regulation;
(13) Suit," a civil
  proceeding filed in a court of applicable jurisdiction in which compensatory
  damages are alleged because of bodily injury or property damage to which the
  reimbursement provisions of this chapter and SDCL chapter 34A-13 apply,
  including an arbitration proceeding alleging such damages, to which a covered
  party must submit or submit with the secretary's consent;
(14) "Waste facility," any site to which
  petroleum-contaminated material is consigned for delivery or delivered for
  storage, disposal, processing, or treatment.
General Authority:
SDCL
		34A-13-16,
		34A-13-40,
		34A-13-42.
Law Implemented:
SDCL
		1-47-12,
		34A-13-1,
		34A-13-13,
		34A-13-16,
		34A-13-40,
		34A-13-42.