South Dakota Codified Laws 34A-13-11. Recovery of expenses in civil action–Prima facie evidence of reasonable expenses–Disposition of recovered funds
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Any reasonable and necessary expenses incurred by the fund in taking a corrective action, including costs of investigating a release, third–party claims, administrative and legal expenses including attorney’s fees for prosecuting any action, and defense costs including attorney’s fees for any claims, may be recovered in a civil action in circuit court brought by the director against a covered party. The certification of expenses by an approved agent of the fund is prima facie evidence that the expenses are reasonable and necessary. Any expenses that are recovered under this section shall be deposited in the fund.
Terms Used In South Dakota Codified Laws 34A-13-11
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Release: is a ny unintentional spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum from a tank into the environment occurring in South Dakota, but does not include discharges or designed venting allowed under adopted rules or under federal or state law or discharges arising out of war, invasion, act of a foreign enemy, hostilities, revolution, earthquake, flood, or other catastrophic disaster occurring due to nature. See South Dakota Codified Laws 34A-13-1
Source: SL 1988, ch 290, § 11; SL 1990, ch 292, § 6; SL 1991, ch 294, § 5; SL 1992, ch 260, § 14.