Petroleum Inspection And Release Compensation

  1. Law
  2. South Dakota Codified Laws
  3. Environmental Protection
  4. Petroleum Inspection And Release Compensation

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Section
34A-13-1

Definition of terms.

Section
34A-13-2

34A-13-2, 34A-13-3.Repealed by SL 2013, ch 166, §§33, 34.

Section
34A-13-4

Immediate corrective action by department.

Section
34A-13-5

Joint adoption of response procedure.

Section
34A-13-6

34A-13-6.Repealed by SL 2013, ch 166, §35.

Section
34A-13-7

Furnishing of information to director--Denial of benefits based on failure to furnish information.

Section
34A-13-8

Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

Section
34A-13-8.1

Reimbursement by fund for corrective action costs--Limitation--Costs for releases.

Section
34A-13-8.2

Percentage of deductible waived for certain releases.

Section
34A-13-8.3

Limitation on reimbursement for release sites.

Section
34A-13-8.4

Defense costs of certain third-party claims.

Section
34A-13-8.5

Reimbursement to covered party.

Section
34A-13-9

Cost of corrective action--Amount of reimbursement--Exceptions.

Section
34A-13-9.1

Conditions for reimbursement.

Section
34A-13-9.2

Subrogation of fund--Right to recover.

Section
34A-13-10

Avoidance of liability by conveyance or agreement prohibited--Exceptions.

Section
34A-13-11

Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds.

Section
34A-13-12

Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required.

Section
34A-13-12.1

Administrative, civil, injunctive, and criminal remedies allowed where pursued by director--Exhaustion of administrative remedies not required.

Section
34A-13-13

34A-13-13.Repealed by SL 2013, ch 166, §37.

Section
34A-13-14

Petroleum Release Compensation Board--Appointment of members--Terms.

Section
34A-13-15

Employment of staff--Costs and appropriations--Delegation of authority.

Section
34A-13-16

Adoption of rules and procedures.

Section
34A-13-16.1

Training and testing of persons who perform services to be reimbursed.

Section
34A-13-17

Attachment of fund to Department of Agriculture and Natural Resources--Reimbursement of costs.

Section
34A-13-18

Deposit and crediting of revenue.

Section
34A-13-19

34A-13-19.Repealed by SL 1993, ch 48, §19.

Section
34A-13-20

Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue.

Section
34A-13-20.1

Transfer of funds to and from state highway fund.

Section
34A-13-21

34A-13-21.Repealed by SL 2013, ch 166, §38.

Section
34A-13-22

Payment of fee on monthly basis--Rules.

Section
34A-13-23

Audits of persons subject to fee.

Section
34A-13-24

Failure to pay fee as misdemeanor--Subsequent violation as felony.

Section
34A-13-25

Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements.

Section
34A-13-26

Administration of provisions.

Section
34A-13-27

Fund expenditures.

Section
34A-13-28

34A-13-28 to 34A-13-30.Repealed by SL 1992, ch 260, §§21 to 23.

Section
34A-13-31

Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements--Reduction for ineligible claims.

Section
34A-13-32

Continuous appropriation to board for making reimbursements and other purposes--Submission of administrative budget for approval.

Section
34A-13-33

Liability of covered party not limited by reimbursement.

Section
34A-13-34

Reimbursement paid to third party who performed cleanup not subject to attachment--Board and fund not subject to legal process, attachment.

Section
34A-13-35

34A-13-35.Repealed by SL 1992, ch 260, §27.

Section
34A-13-36

34A-13-36.Repealed by SL 1990, ch 292, §22.

Section
34A-13-37

34A-13-37.Repealed by SL 2013, ch 166, §40.

Section
34A-13-38

34A-13-38.Repealed by SL 1991, ch 294, §20.

Section
34A-13-39

Short title.

Section
34A-13-40

Limits of reimbursement for corrective action and third party claims.

Section
34A-13-41

Reimbursement to licensed petroleum marketers and other tank owners.

Section
34A-13-42

Rules for amount, terms and period of third-party reimbursement.

Section
34A-13-43

34A-13-43.Repealed by SL 1992, ch 260, §30.

Section
34A-13-44

34A-13-44.Repealed by SL 2013, ch 166, §41.

Section
34A-13-44.1

Third-party damages--Benefits intended in or on behalf of covered party.

Section
34A-13-45

Damage prior to April 1, 1990.

Section
34A-13-46

Tanks at abandoned sites.

Section
34A-13-47

Time limit for third-party claim.

Section
34A-13-48

Private insurance as risktaker--Annual report identifying potential companies.

Section
34A-13-49

Abandoned tank removal program created--Eligibility for participation.

Section
34A-13-50

Scope of program.

Section
34A-13-51

34A-13-51.Repealed by SL 2001, ch 192, §1.

Section
34A-13-52

Department responsible for tank removal and corrective actions under program--Director to make payments from fund.

Section
34A-13-53

Promulgation of rules.

Section
34A-13-54

Director to suspend payments except at high-risk sites when fund balance is two million dollars or less.