If the department issues a notice of violation or order under SDCL 34A-13-2 or initiates other administrative or legal proceedings concerning a release, the notice of violation, order, or other administrative or legal proceedings shall determine the procedures to be followed in investigating, containing, and remedying the release. If the department does not issue a notice of violation or an order or pursue other administrative or legal proceedings, response procedures are those contained in §§ 74:32:05:08 to 74:32:05:14, inclusive.

Source: 15 SDR 72, effective November 17, 1988; 17 SDR 94, effective January 6, 1991.

General Authority: SDCL 34A-13-5.

Law Implemented: SDCL 34A-13-5 , 34A-13-13.