Section 1-41-25.3 - Use of environmental audit as defenseAn 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.SL 1996, ch 18, § 4; SDCL § 1-40-36; SL 2021, ch 1 (Ex. Ord. 21-3), §56, eff. Apr. 19, 2021.Transferred from § 1-40-36 by S.L. 2021, ch. 1,s. 56, eff. 4/19/2021.