Title 34A — ENVIRONMENTAL PROTECTION
22 chapters · 699 sections in this title.
SDCL § 34A-13-6 Repealed by SL 2013, ch 166 , § 35
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34A-13-7 Furnishing of information to director--Denial of benefits based on failure to furnish information. 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-13-8.1 Reimb…
SDCL § 34A-13-7 Furnishing of information to director--Denial of benefits based on failure to furnish information
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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 …
SDCL § 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
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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 o…
SDCL § 34A-13-8.1 Reimbursement by fund for corrective action costs--Limitation--Costs for releases
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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 repor…
SDCL § 34A-13-8.2 Percentage of deductible waived for certain releases
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The department 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 §§ …
SDCL § 34A-13-8.3 Limitation on reimbursement for release sites
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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…
SDCL § 34A-13-8.4 Defense costs of certain third-party claims
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In addition to the amounts set forth in this chapter, the department 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 department may not provide the de…
SDCL § 34A-13-8.5 Reimbursement to covered party
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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…
SDCL § 34A-13-9 Cost of corrective action--Amount of reimbursement--Exceptions
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A responsible person is liable for the cost of the corrective action taken by 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 par…
SDCL § 34A-13-9.1 Conditions for reimbursement
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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 b…
SDCL § 34A-13-9.2 Subrogation of fund--Right to recover
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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 - fea…
SDCL 34A-2-101
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Source: SL 1992, ch 260 , § 6; SL 2024, ch 146 , § 4.
Reimbursement may include costs of an approved corrective action and third - party claims for releases reported after April 1, 1990
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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.
SDCL 4-8-1
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Source: SL 1988, ch 290 , § 32; SL 1989, ch 310 , § 9; SL 1991, ch 294 , § 27; SL 2024, ch 146 , § 17.