S.D. Codified Laws § 34A-13-9

Current through the 2024 Legislative Session

Section 34A-13-9 - Cost of corrective action-Amount of reimbursement-Exceptions

A responsible person is liable for the cost of the corrective action taken by the department, including the cost of investigating the release and administrative and legal expenses of the fund. This chapter does not create any new cause of action for damages on behalf of third parties for release of petroleum products against the fund, petroleum marketer, or covered parties. Reimbursement must be made to a covered party who qualifies pursuant to the criteria set forth in this chapter.

No reimbursement from the fund may be made to a covered party if:

(1) Corrective action has been taken in an emergency pursuant to § 34A-13-4, and the responsible person failed to report the existence of the emergency;

(2) The department has taken corrective action because a responsible person could not be identified or a tank has not been registered as required by law; or

(3) The conditions of § 34A-13-8.5 have not been met.

SDCL 34A-13-9

SL 1988, ch 290, § 9; SL 1989, ch 310, § 2; SL 1990, ch 292, § 4; SL 1991, ch 294, § 4; SL 1992, ch 260, § 10; SL 1995, ch 71, § 190; SL 2013, ch 166, §36; SL 2024, ch 146, §7.

Amended by S.L. 2024, ch. 146,s. 7, eff. 7/1/2024.