1-41-25.3. Use of environmental audit as defense.
An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity:
(1)Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;
(2)Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure;
(3)Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§1-41-25 to 1-41-25.4, inclusive; or
(4)Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.
Source: SL 1996, ch 18, §4; SDCL §1-40-36; SL 2021, ch 1 (Ex. Ord. 21-3), §56, eff. Apr. 19, 2021.