2011 South Dakota Code
Title 1 STATE AFFAIRS AND GOVERNMENT
Chapter 40. Department of Environment and Natural Resources
§1-40-37 Removal of regulated entity from environmental audit provisions.
1-40-37. Removal of regulated entity from environmental audit provisions. If abuses of §§ 1-40-33 to 1-40-37, inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-40-33 to 1-40-37, inclusive, upon entering a finding that the regulated entity has:
(1) Intentionally misrepresented material facts concerning violations disclosed under §§ 1-40-33 to 1-40-37, inclusive, or the nature or extent of any damage to human health or the environment;
(2) Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or
(3) Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery.
Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26. The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26.
Source: SL 1996, ch 18, § 5A.
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