S.D. Codified Laws ch. 34A-13 – Petroleum Inspection and Release Compensation | Midpage

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South Dakota Codified Laws

Chapter 34A-13

S.D. Codified Laws ch. 34A-13

Petroleum Inspection and Release Compensation

34A-13-1Definition of terms.34A-13-234A-13-2, 34A-13-3. Repealed by SL 2013, ch 166, §§ 33, 34.34A-13-4Immediate corrective action by department.34A-13-5Response procedure--Promulgation of rules.34A-13-7Furnishing of information to director--Denial of benefits based on failure to furnish information.34A-13-8Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.34A-13-8.1Reimbursement by fund for corrective action costs--Limitation--Costs for releases.34A-13-8.2Percentage of deductible waived for certain releases.34A-13-8.3Limitation on reimbursement for release sites.34A-13-8.4Defense costs of certain third-party claims.34A-13-8.5Reimbursement to covered party.34A-13-9Cost of corrective action--Amount of reimbursement--Exceptions.34A-13-9.1Conditions for reimbursement.34A-13-9.2Subrogation of fund--Right to recover.34A-13-10Avoidance of liability by conveyance or agreement prohibited--Exceptions.34A-13-11Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds.34A-13-12Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required.34A-13-12.1Remedies allowed--Administrative exhaustion not required.34A-13-15Employment of staff--Costs and appropriations--Delegation of authority.34A-13-16Practices and procedures--Promulgation of rules.34A-13-16.1Training and testing of persons who perform services to be reimbursed.34A-13-17Attachment of fund to Department of Agriculture and Natural Resources--Reimbursement of costs.34A-13-18Deposit and crediting of revenue.34A-13-20Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue.34A-13-20.1Transfer of funds to and from state highway fund.34A-13-22Monthly fee--Promulgation of rules.34A-13-23Audits of persons subject to fee.34A-13-24Failure to pay fee as misdemeanor--Subsequent violation as felony.34A-13-25Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements.34A-13-26Administration of provisions--Hearing waiver.34A-13-27Fund expenditures.34A-13-2834A-13-28 to 34A-13-30. Repealed by SL 1992, ch 260, §§ 21 to 23.34A-13-31Determination of cost--Petroleum remediation requirements--Reduction for ineligible claims--Promulgation of rules.34A-13-32Continuous appropriation--Administrative budget submitted to Legislature.34A-13-33Liability of covered party not limited by reimbursement.34A-13-34Third party cleanup reimbursement--Department and fund--No legal process or attachment.34A-13-39Short title.34A-13-40Limits of reimbursement--Promulgation of rules.34A-13-41Reimbursement to licensed petroleum marketers and other tank owners--Promulgation of rules.34A-13-42Rules for amount, terms, and period of third-party reimbursement.34A-13-44.1Third-party damages--Benefits intended in or on behalf of covered party.34A-13-45Damage prior to April 1, 1990.34A-13-46Tanks at abandoned sites.34A-13-47Time limit for third-party claim.34A-13-49Abandoned tank removal program created--Eligibility for participation.34A-13-50Scope of program.34A-13-52Department responsible for tank removal and corrective actions under program--Director to make payments from fund.34A-13-53Promulgation of rules.34A-13-54Director to suspend payments except at high-risk sites when fund balance is two million dollars or less.