Title 34A, ENVIRONMENTAL PROTECTION

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…

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 29…

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-…

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.

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.

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 , §…

Terms used in this chapter mean: (1) "Abandoned site," any release site on which none of the tanks have been used for the intentional storage of petroleum after April 1, 1988; (2) "Asset value," with respect to valuation of amounts on deposit in or credited to any account or fund…

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 …

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…

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 le…

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. Source: SL 1991, ch 294 , § 25; SL 2024, ch 146 , § 8.

The department shall hire and provide staff to support its activities. The staff must be employees of the executive branch of state government and subject to the statutes, rules, and other conditions of employment that are applied to employees in the executive branch of state gov…

The department may adopt, pursuant to chapter 1-26 , rules regarding its practices and procedures, the form and procedure for applications for compensation from the fund, procedures for investigation of claims, procedures and criteria for determining the amount and type of costs …

The director and the department, jointly, separately, or in cooperation with private organizations, may conduct training seminars for those who perform services to be reimbursed under this chapter, administer voluntary tests to seminar participants and publish or withhold the res…

The fund is attached to the Department of Agriculture and Natural Resources for budgeting and administrative support. All necessary costs of the Department of Agriculture and Natural Resources for these services shall be reimbursed from the inspection fees collected pursuant to t…

Revenue from the following sources shall be deposited in the state treasury and credited to a petroleum release compensation fund: (1) Any fees imposed by § 34A-13-20 ; (2) Any money recovered by the fund pursuant to § 34A-13-9 , including administrative expenses, and any money p…

A petroleum release compensation and tank inspection fee is imposed upon any petroleum products upon which the fuel excise tax is imposed by §§ 10-47B-5 to 10-47B-10 , inclusive, 10-47B-9.1 , and 10-47B-13 . None of the exemptions from fuel excise tax allowed in § 10-47B-19 apply…

If the balance of the petroleum release compensation fund falls below two million dollars and has additional accounts payable that exceed projected monthly deposits pursuant to § 34A-13-20 , a transfer shall be made from the state highway fund to the petroleum release compensatio…

The fee required by § 34A-13-20 must be paid on a monthly basis by all parties subject to the fee. The department shall establish, by rules promulgated pursuant to chapter 1-26 , the time and method of collection, interest on past due amounts, forms and other matters necessary fo…

The department may conduct audits upon persons subject to the fee. Source: SL 1988, ch 290 , § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 44, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2024, ch 146 , § 12.

If a party required to pay the fee imposed by § 34A-13-20 on the date due fails to do so, the party is guilty of a Class 1 misdemeanor. Each subsequent violation of this section is a Class 6 felony if the violation occurs within eighteen months of a previous violation. Source: SL…

If any party required to pay the fee fails to do so, the director must notify that party in writing that failure to pay the fee within fifteen days shall result in the suspension of all benefits under this chapter. The director shall also notify the department, by copy, of the pa…

The requirements of chapter 1-26 govern the administration of this chapter. Any decision made by the director becomes final unless appealed to the department within thirty days of the date of that decision. The secretary may, upon agreement with all affected parties, waive any he…

Money in the fund may only be expended or obligated: (1) To administer the petroleum release compensation program established in this chapter; (2) For any administrative costs and costs of corrective action taken by the fund, including investigations, legal actions, consulting co…

Reimbursement may be made from the fund only if the department has determined that the costs for which reimbursement is requested were actually incurred, reasonable, and necessary as determined under rules promulgated by the department according to chapter 1-26 , and were for act…

Money in the fund is continuously appropriated to the department for the purpose of making reimbursements under and for the other purposes described in this chapter. The department shall annually submit its administrative budget to the Legislature for approval as provided in § 4-…

The right to apply for reimbursement and the receipt of reimbursement does not limit the liability of a covered party for damages or costs incurred by any person as a result of a release. Source: SL 1988, ch 290 , § 33; SL 1992, ch 260 , § 26.

The amount of reimbursement to be paid for cleanup which was performed by a third party is not subject to legal process or attachment. The department and the fund are not subject to legal process, attachment, lien, or lien foreclosure action by any persons having performed cleanu…

This chapter may be cited as the "Petroleum Inspection and Release Compensation Act." Source: SL 1988, ch 290 , § 39.

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 …

The department may provide by rules, promulgated pursuant to chapter 1-26 , the limits of reimbursement for corrective action and third - party claims. These limits may not exceed those set forth in § 34A-13-8.1 , but may consist of any amount equal to or less than the amounts au…

The department shall provide reimbursement to licensed petroleum marketers, and other tank owners as defined by the department pursuant to rule for liability to third parties. Coverage may only be extended to tanks that are regulated in §§ 34A-2-98 and 34A-2-100 , excluding tanks…

Prior to providing third - party reimbursement, the department may promulgate rules pursuant to chapter 1-26 which state the amount of reimbursement, the terms and conditions of reimbursement, the period of reimbursement, and the tanks or occurrence covered by reimbursement. Sour…

The provisions of this chapter relating to third - party damages are not intended to confer any benefit or create any rights or entitlements in or on behalf of any person other than a covered party. Source: SL 1991, ch 294 , § 24; SL 1992, ch 260 , § 31.

No reimbursement may be made for third - party claims if the damage was allegedly caused by a petroleum release reported prior to April 1, 1990. Source: SL 1990, ch 292 , § 16; SL 1992, ch 260 , § 32.

No reimbursement may be provided for third - party claims resulting from tanks at abandoned sites. Source: SL 1990, ch 292 , § 17; SL 1992, ch 260 , § 33.

No action for recovery from the fund for any third - party claim may be maintained unless it is commenced within the time permitted by chapter 15-2 for the commencement of an action against the covered party. Source: SL 1990, ch 292 , § 18; SL 1992, ch 260 , § 34.

There is hereby created within the petroleum release compensation fund, a new program to be known as the abandoned tank removal program. Under this program, the director may provide payments for tank pulling and corrective action at abandoned sites where the owner or the person h…

The department shall develop 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; SL 2024, ch 146 , § 3.

Payments made from the director for tank pulling and corrective action under the abandoned tank removal program may include: (1) Tank pulling, as defined in this chapter, including the disposal of tank contents and specifically excluding the replacement of surface above the backf…

The Department of Agriculture and Natural Resources shall be responsible for the tank removal and corrective actions subject to §§ 34A-13-49 to

The secretary of the Department of Agriculture and Natural Resources may promulgate, pursuant to chapter 1-26 , rules regarding practices and procedures necessary to carry out the provisions of the abandoned tank removal program including the form and procedure for application fo…

After receiving itemized documentation of all actual costs from the department, the director of the petroleum release compensation fund shall make payment within thirty days of receipt. All tank removals, pollution assessments, and corrective actions taken under §§ 34A-13-49 to 3…

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 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…

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…