South Dakota Codified Laws 1-41-25.4. Removal of regulated entity from environmental audit provisions
If abuses of §§ 1-41-25 to 1-41-25.4, inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4, inclusive, upon entering a finding that the regulated entity has:
(1) Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4, inclusive, or the nature or extent of any damage to human health or the environment;
Terms Used In South Dakota Codified Laws 1-41-25.4
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
(2) Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or
(3) Initiated a self audit to intentionally avoid liability for violations after the regulated entity’s knowledge of imminent discovery.
Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26. The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26.
Source: SL 1996, ch 18, § 5A; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.