Title 34A — ENVIRONMENTAL PROTECTION

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…

Except at sites determined to be high risk by the secretary of the Department of Agriculture and Natural Resources using risk - based corrective action criteria, the director shall suspend payments for tank pulling and corrective action at abandoned sites eligible for the abandon…

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…

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…

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 §§ …

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…

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…

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…

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…

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…

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…

Source: SL 1992, ch 260 , § 6; SL 2024, ch 146 , § 4.

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.

Source: SL 1988, ch 290 , § 32; SL 1989, ch 310 , § 9; SL 1991, ch 294 , § 27; SL 2024, ch 146 , § 17.

The Legislature hereby finds, and declare to be the public policy of this state, that: (1) Environmental laws of the United States and this state provide that the owner of the real property is liable for the cleanup of property contamination and define who is the owner of such pr…

Terms used in this chapter mean: (1) "Contaminate or pollute," "contaminating or polluting," or "contamination or pollution," contamination or pollution of air, water, real or personal property, livestock, wild animals, birds, fish, other aquatic life, or human beings from a loca…

No person, partnership, limited liability company, corporation, association, organization, or other legal entity may be deemed to be an owner or operator of real or personal property who, without participating in the management of the subject real or personal property, holds indi…

No lender - owner or representative may by virtue of becoming the owner of real or personal property be liable for any third - party liability arising from contamination or pollution emanating from the property before the date the title vests in the lender - owner or representati…

No lender - owner or representative may, by virtue of becoming the owner of real or personal property, be liable for any third - party liability arising from contamination or pollution emanating from the property during the period of ownership so long as, and to the extent that: …

Sections 34A-15-3 to 34A-15-5 , inclusive, do not affect any liability expressly created under federal or state health or environmental statutes, regulations, rules, permits, or orders. Source: SL 1992, ch 261 , § 6.

Notwithstanding the provisions of § 34A-15-6 , a lender - owner is not liable for environmental, response, cleanup, or remediation costs at a brownfields site approved by the Department of Agriculture and Natural Resources for participation in the state brownfields revitalization…

This chapter applies to civil actions filed on or after July 1, 1992. Source: SL 1992, ch 261 , § 7.

Any municipality, county, or portion of a county within this state and any one or more other municipalities, counties, or portions of counties within this state may create a regional recycling and waste management district, which may provide facilities and services pursuant to th…

A regional recycling and waste management district may be reduced in size if the governing body of a county or municipality submits to the district a resolution requesting release of a specified area from the district and the board of commissioners of the district adopts a resolu…

If a regional recycling and waste management district is expanded or reduced in size pursuant to § 34A-16-9 or 34A-16-10 , the district shall forward to the secretary of state a certified copy of each resolution adopted by the board of commissioners governing the expansion or red…

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of solid waste facilities pursuant to this chapter, any county or municipality included in a district may, upon such terms, with or without consideration, as it may determine: (1) L…

Any county or municipality may enter into a contract for any term of years not to exceed ten years as the governing body may determine with any regional recycling and waste management district for provision by the district of solid waste facilities or services. If any contract en…

A regional recycling and waste management district is hereby granted all powers necessary or convenient to perform its duties, including the ability to enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes. Source: SL 199…

A district may sue and be sued, and is a public corporation and political subdivision of the State of South Dakota. Source: SL 1993, ch 259 , § 15.

A district may acquire by purchase, lease, condemnation, gift, or grant, any right, title, and interest in and to any real or personal property deemed necessary for the exercise of its powers or the accomplishment of its purposes, including easements. Any public agency as defined…

The district may apply for and accept gifts, loans, or other property from the United States, the state, any public agency as defined in § 1-24-1 , or any person for any of its purposes, may enter into any agreement required in connection therewith, and may hold, use, and dispose…

Any real or personal property owned, leased, used, or occupied by the district for any authorized purpose is acquired, owned, used, and occupied for public and governmental purposes, and is exempted from taxation by the state or any political subdivision of the state. However, th…

The district may construct, equip, develop, enlarge, improve, and operate solid waste facilities and services as it deems necessary and may negotiate contracts for the use of public or private facilities and services. The district may contract with any person, municipality, count…

No county or municipality may adopt a resolution authorized by § 34A-16-1 or 34A-16-9 without a public hearing on the resolution. Notice of the hearing shall be given at least ten days before the hearing in the official newspapers of the county or municipality. Any resolution aut…

The district may establish and collect general rates and charges for the generation of solid waste and for the facilities and services provided by the district and may negotiate and collect payments for facilities and services contracted by the district. Before establishing or ra…

The rates and charges may be billed and collected in a manner the board shall determine. The board may impose a fee as a deposit for the service provided by the district. The district may, with notice, discontinue service to any person who fails to pay for the service provided by…

A regional recycling and waste management district may: (1) Charge or require any person who collects solid waste in the district to charge solid waste generators rates for collection or disposal that vary depending on the volume or nature of waste generated and the potential for…

The district may use, sell, or otherwise dispose of all of the products and energy produced by its facilities under such terms as the board of commissioners may determine. Source: SL 1993, ch 259 , § 25.

The district may enter into joint - powers agreements under the provisions of chapter 1-24 , or any other law providing for joint or cooperative action between public agencies or Indian tribes. Nothing in this chapter limits the powers of any county or municipality to create sepa…

The district may conduct research studies and programs, collect and analyze data, prepare reports, maps, charts, and tables and conduct all necessary hearings and investigations in connection with its work and may advise and assist other government units on planning matters withi…

The district may require any employee to obtain and file with it an individual bond or fidelity insurance policy. It may procure insurance in amounts it deems necessary to insure against liability of the district, the board of commissioners or employees, for personal injury or de…

The provisions of chapter 5-18A apply to purchases by the district. Source: SL 1993, ch 259 , § 29; SL 2011, ch 2 , § 142.

A regional recycling and waste management district may issue revenue bonds for the acquisition or betterment of facilities for the district's solid waste management program, for closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from…

Any county or municipality, by resolution, may authorize the issuance of bonds to provide funds for the closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid waste facilities or for refunding any outstanding bonds issued for …

The governing body of the regional recycling and waste management district shall consist of commissioners elected or appointed as specified in the proposed articles of incorporation. The commissioners of the regional recycling and waste management district shall be composed solel…

The proceeds of county or municipal bonds issued under § 34A-16-29 for closure, postclosure, and contingency costs and noncapital responses to releases may be used only for publicly - owned solid waste facilities in existence on, or closed prior to, March 14, 1993. Source: SL 199…

Any district owning or operating solid waste management property or facilities shall continuously maintain a special account on its official books and records designated as the solid waste management fund, to which it shall credit all receipts from the contracts, rates, and charg…

For purposes of this chapter, the term "designation" means a requirement by a regional recycling and waste management district that all or any portion of the solid waste that is generated within its boundaries or any service area of the district be delivered to a processing or di…