There is a newer version of the South Dakota Codified Laws
2014 South Dakota Codified Laws
Title 34A - ENVIRONMENTAL PROTECTION
Chapter 13 - Petroleum Inspection And Release Compensation
- § 34A-13-1 Definition of terms.
- § 34A-13-2 , 34A-13-3. Repealed.
- § 34A-13-4 Immediate corrective action by department.
- § 34A-13-5 Joint adoption of response procedure.
- § 34A-13-6 Repealed.
- § 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 Conditions for reimbursement.
- § 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- § 34A-13-13 Repealed.
- § 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 Environment and NaturalResources--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- § 34A-13-19 Repealed.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- § 34A-13-21 Repealed.
- § 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 Fund expenditures.
- § 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 Repealed.
- § 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 Repealed.
- § 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 tank removal program created--Eligibility for participation.
- § 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.
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