Money in the fund may only be expended or obligated:

(1) To administer the petroleum release compensation program established in this chapter;

Terms Used In South Dakota Codified Laws 34A-13-27

  • 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

(2) For any administrative costs and costs of corrective action taken by the fund, including investigations, legal actions, consulting costs, and other necessary costs;

(3) For any costs of recovering any expenses associated with corrective actions;

(4) For training, testing, and certification of those who perform services to be reimbursed under this chapter;

(5) For any costs paid to any state agency for services;

(6) For research and studies designed to reduce releases and improve petroleum industry methods for storage and to develop information and knowledge to aid in cleanup;

(7) To carry out inspections of tanks and to certify inspection persons who may perform approved inspections of tanks;

(8) To purchase insurance for the purpose of limiting certain risks associated with providing fund coverage as deemed appropriate by the secretary of agriculture and natural resources;

(9) For any service provider unless the director has determined that a conflict of interest exists between the consultant and the contractor that could affect the integrity of the cleanup activities;

(10) For rule making; and

(11) For training of board members and staff employed by the secretary of agriculture and natural resources.

Source: SL 1988, ch 290, § 27; SL 1989, ch 310, § 7; SL 1990, ch 292, § 9; SL 1991, ch 294, § 14; SL 1992, ch 260, § 20; SL 1995, ch 321 (Ex. Ord. 95-5), § 17; SL 2011, ch 1 (Ex. Ord. 11-1), § 155, eff. Apr. 12, 2011; SL 2013, ch 166, § 39; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.