Obtaining voluntary compliance--Administrative settlement agreements

Nothing in this chapter prevents the department from obtaining voluntary compliance with the provisions of this chapter through a conference, settlement, or any other appropriate means. The secretary may enter into an administrative settlement agreement regarding any violation of the provisions of this chapter including stipulated settlements of any civil penalty or administrative sanction authorized under this title. Source: SL 2020, ch 174 , § 16. 38-21-45. Pesticide damage--Liability. Nothing in this chapter may be construed to relieve any person from liability for any damage to another caused by the use of pesticides even though the use conforms to the rules promulgated under the authority of this chapter. Source: SL 1974, ch 255 , § 34; SL 2020, ch 174 , § 17. 38-21-46. Notice of damage--Requirements--Exception. Any person claiming damages from any use of a pesticide shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of: (1) Thirty days after the date that the damages were observed or should have been observed; or (2) If a growing crop is alleged to have been damaged, before the time that twenty - five percent of the crop has been harvested or destroyed. This section does not apply if the person seeking reimbursement for damage was the applicator of the pesticide. Source: SL 1974, ch 255 , § 20; SL 1991, ch 326 , § 18; SL 2020, ch 174 , § 18. 38-21-47. Inspection of damages--Requirements. Upon notifying the applicator as required under § 38-21-46 , the person seeking reimbursement for the alleged damage shall permit the applicator and up to four representatives of the applicator to enter the person's property during reasonable hours for the purpose of observing and examining the alleged damage. If the person fails to allow entry, the person is barred from asserting a claim against the applicator. Source: SL 1974, ch 255 , § 20; SL 2020, ch 174 , § 19.