South Dakota § 34A-13-9 Cost of corrective action--Amount of reimbursement--Exceptions.

South Dakota Statutes

§ 34A-13-9 — Cost of corrective action--Amount of reimbursement--Exceptions.

South Dakota·Title 34A ENVIRONMENTAL PROTECTION·Ch. 34A-11 PETROLEUM INSPECTION AND RELEASE COMPENSATION

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 parties for release of petroleum products against the fund, petroleum marketer, or covered parties. Reimbursement must be made to a covered party who qualifies pursuant to the criteria set forth in this chapter. No reimbursement from the fund may be made to a covered party if:

(1)Corrective action has been taken in an emergency pursuant to § 34A-13-4 , and the responsible person failed to report the existence of the emergency;

(2)The department has taken corrective action because a responsible person could not

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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 parties for release of petroleum products against the fund, petroleum marketer, or covered parties. Reimbursement must be made to a covered party who qualifies pursuant to the criteria set forth in this chapter. No reimbursement from the fund may be made to a covered party if: (1) Corrective action has been taken in an emergency pursuant to § 34A-13-4 , and the responsible person failed to report the existence of the emergency; (2) The department has taken corrective action because a responsible person could not be identified or a tank has not been registered as required by law; or (3) The conditions of § 34A-13-8.5 have not been met.

South Dakota § 34A-13-9 (Cost of corrective action--Amount of reimbursement--Exceptions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 1988, ch 290, § 9; SL 1989, ch 310, § 2; SL 1990, ch 292, § 4; SL 1991, ch 294, § 4; SL 1992, ch 260, § 10; SL 1995, ch 71, § 190; SL 2013, ch 166, § 36; SL 2024, ch 146, § 7.