The right to apply for reimbursement and the receipt of reimbursement does not limit the liability of a covered party for damages or costs incurred by any person as a result of a release.

Terms Used In South Dakota Codified Laws 34A-13-33

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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, § 33; SL 1992, ch 260, § 26.