South Dakota Codified Laws 34A-13-8.5. Reimbursement to covered party
Reimbursement from the fund may be made to a covered party only if:
(1) The department and fund were given notice of the release as provided by rule;
Terms Used In South Dakota Codified Laws 34A-13-8.5
- 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
(2) At the time the release was discovered, the tank or other container was in substantial compliance with state rules and federal regulations applicable to the tank or other container;
(3) The tank was used primarily or exclusively to contain petroleum;
(4) The covered party applying to the fund, if subject to the tank inspection fee established in this chapter, has paid the fee and is current, or the petroleum involved in the release was supplied by a person who is subject to the tank inspection fee, or the release site is determined to be an abandoned site;
(5) The covered party has satisfied the deductible;
(6) The covered party is cooperating with the director and department in responding to the release;
(7) In a corrective action, the covered party has received funding approval for a site assessment plan from the director prior to incurring costs for the assessment except as provided in § 34A-13-9.1;
(8) In a corrective action, the covered party has conducted a site assessment, except as provided in § 34A-13-9.1;
(9) In a corrective action, the covered party has submitted a corrective action plan and the director has authorized funding prior to the incurring of costs under the plan except as provided in § 34A-13-9.1;
(10) In a corrective action, if the department has declared that an emergency exists and immediate abatement is necessary as provided in § 34A-13-4, even though the requirements of subdivisions (7), (8), and (9) of this section are not met until the factors causing the emergency have been addressed to the satisfaction of the department; and
(11) The covered party has submitted his claim on forms provided by the fund and has supplied the information in the manner required by the fund.
Source: SL 1992, ch 260, § 9.