South Dakota 13 — Petroleum Inspection And Release Compensation
- 34A-13-1 — Definition of terms.
- 34A-13-2 — Order to take corrective action--Notice--Conflicting orders.
- 34A-13-3 — Legal action to compel performance of corrective action.
- 34A-13-4 — Immediate corrective action by department.
- 34A-13-5 — Joint adoption of response procedure.
- 34A-13-6 — Notice of release to department--Investigations by director.
- 34A-13-7 — Furnishing of information to director--Denial of benefits based on failureto furnish information.
- 34A-13-8 — Examination of records--Entering upon public or private property--Denialof benefits based upon failure to allow access to property and documents.
- 34A-13-8.1 — Reimbursement by fund for corrective action costs--Limitation--Costs forreleases.
- 34A-13-8.2 — Percentage of deductible waived for certain releases.
- 34A-13-8.3 — Limitation on reimbursement for release sites.
- 34A-13-8.4 — Defense costs of certain third-party claims.
- 34A-13-8.5 — Reimbursement to covered party.
- 34A-13-9 — Cost of corrective action--Amount of reimbursement--Exceptions.
- 34A-13-9.1 — Reimbursement contingent on use of tank.
- 34A-13-9.2 — Subrogation of fund--Right to recover.
- 34A-13-10 — Avoidance of liability by conveyance or agreement prohibited--Exceptions.
- 34A-13-11 — Recovery of expenses in civil action--Prima facie evidence of reasonableexpenses--Disposition of recovered funds.
- 34A-13-12 — Administrative, civil, injunctive, and criminal remedies allowed wherepursued by department--Exhaustion of administrative remedies notrequired.
- 34A-13-12.1 — Administrative, civil, injunctive, and criminal remedies allowed wherepursued by director--Exhaustion of administrative remedies not required.
- 34A-13-13 — Duty to notify department and take action not limited--Application ofprovisions to reimbursement for corrective actions--Proration when fundsinsufficient.
- 34A-13-14 — Petroleum Release Compensation Board--Appointment of members--Terms.
- 34A-13-15 — Employment of staff--Costs and appropriations--Delegation of authority.
- 34A-13-16 — Adoption of rules and procedures.
- 34A-13-16.1 — Training and testing of persons who perform services to be reimbursed.
- 34A-13-17 — Attachment of fund to Department of Revenue and Regulation--Reimbursement of costs.
- 34A-13-18 — Deposit and crediting of revenue.
- 34A-13-19 — Repealed.
- 34A-13-20 — Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue.
- 34A-13-21 — Agreements with secretary for services to collect fee--Exchange ofinformation.
- 34A-13-22 — Payment of fee on monthly basis--Rules.
- 34A-13-23 — Audits of persons subject to fee.
- 34A-13-24 — Failure to pay fee as misdemeanor--Subsequent violation as felony.
- 34A-13-25 — Notice of suspension of benefits--Notice to department--Appeal forreinstatement of benefits--Ratification of certain suspensions andreinstatements.
- 34A-13-26 — Administration of provisions.
- 34A-13-27 — Spending of fund.
- 34A-13-28 — to 34A-13-30. Repealed.
- 34A-13-31 — Determination of cost as actual, reasonable, and not in excess ofpetroleum remediation requirements--Reduction for ineligible claims.
- 34A-13-32 — Continuous appropriation to board for making reimbursements and otherpurposes--Submission of administrative budget for approval.
- 34A-13-33 — Liability of covered party not limited by reimbursement.
- 34A-13-34 — Reimbursement paid to third party who performed cleanup not subject toattachment--Board and fund not subject to legal process, attachment.
- 34A-13-35 — Repealed.
- 34A-13-36 — Repealed.
- 34A-13-37 — Cooperation in actions necessary to obtain federal funding.
- 34A-13-38 — Repealed.
- 34A-13-39 — Short title.
- 34A-13-40 — Limits of reimbursement for corrective action and third party claims.
- 34A-13-41 — Reimbursement to licensed petroleum marketers and other tank owners.
- 34A-13-42 — Rules for amount, terms and period of third-party reimbursement.
- 34A-13-43 — Repealed.
- 34A-13-44 — Administration and defense of third-party claims.
- 34A-13-44.1 — Third-party damages--Benefits intended in or on behalf of covered party.
- 34A-13-45 — Damage prior to April 1, 1990.
- 34A-13-46 — Tanks at abandoned sites.
- 34A-13-47 — Time limit for third-party claim.
- 34A-13-48 — Private insurance as risktaker--Annual report identifying potentialcompanies.
- 34A-13-49 — Abandoned underground tank removal program created--Eligibility forcoverage.
- 34A-13-50 — Scope of program.
- 34A-13-51 — Repealed.
- 34A-13-52 — Department responsible for tank removal and corrective actions underprogram--Director to make payments from fund.
- 34A-13-53 — Promulgation of rules.
- 34A-13-54 — Director to suspend payments except at high-risk sites when fund balanceis two million dollars or less.