§ 34A-13-1 Definition of terms
§ 34A-13-4 Immediate corrective action by department
§ 34A-13-5 Joint adoption of response procedure
§ 34A-13-7 Furnishing of information to director–Denial of benefits based on failure to furnish information
§ 34A-13-8 Examination of records–Entering upon public or private property–Denial of benefits based upon failure to allow access to property and documents
§ 34A-13-8.1 Reimbursement by fund for corrective action costs–Limitation–Costs for releases
§ 34A-13-8.2 Percentage of deductible waived for certain releases
§ 34A-13-8.3 Limitation on reimbursement for release sites
§ 34A-13-8.4 Defense costs of certain third-party claims
§ 34A-13-8.5 Reimbursement to covered party
§ 34A-13-9 Cost of corrective action–Amount of reimbursement–Exceptions
§ 34A-13-9.1 Conditions for reimbursement
§ 34A-13-9.2 Subrogation of fund–Right to recover
§ 34A-13-10 Avoidance of liability by conveyance or agreement prohibited–Exceptions
§ 34A-13-11 Recovery of expenses in civil action–Prima facie evidence of reasonable expenses–Disposition of recovered funds
§ 34A-13-12 Administrative, civil, injunctive, and criminal remedies allowed where pursued by department–Exhaustion of administrative remedies not required
§ 34A-13-12.1 Administrative, civil, injunctive, and criminal remedies allowed where pursued by director–Exhaustion of administrative remedies not required
§ 34A-13-14 Petroleum Release Compensation Board–Appointment of members–Terms
§ 34A-13-15 Employment of staff–Costs and appropriations–Delegation of authority
§ 34A-13-16 Adoption of rules and procedures
§ 34A-13-16.1 Training and testing of persons who perform services to be reimbursed
§ 34A-13-17 Attachment of fund to Department of Agriculture and Natural Resources–Reimbursement of costs
§ 34A-13-18 Deposit and crediting of revenue
§ 34A-13-20 Petroleum release compensation and tank inspection fee–Amount of fee–Allocation of revenue
§ 34A-13-20.1 Transfer of funds to and from state highway fund
§ 34A-13-22 Payment of fee on monthly basis–Rules
§ 34A-13-23 Audits of persons subject to fee
§ 34A-13-24 Failure to pay fee as misdemeanor–Subsequent violation as felony
§ 34A-13-25 Notice of suspension of benefits–Notice to department–Appeal for reinstatement of benefits–Ratification of certain suspensions and reinstatements
§ 34A-13-26 Administration of provisions
§ 34A-13-27 Fund expenditures
§ 34A-13-31 Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements–Reduction for ineligible claims
§ 34A-13-32 Continuous appropriation to board for making reimbursements and other purposes–Submission of administrative budget for approval
§ 34A-13-33 Liability of covered party not limited by reimbursement
§ 34A-13-34 Reimbursement paid to third party who performed cleanup not subject to attachment–Board and fund not subject to legal process, attachment
§ 34A-13-39 Short title
§ 34A-13-40 Limits of reimbursement for corrective action and third party claims
§ 34A-13-41 Reimbursement to licensed petroleum marketers and other tank owners
§ 34A-13-42 Rules for amount, terms and period of third-party reimbursement
§ 34A-13-44.1 Third-party damages–Benefits intended in or on behalf of covered party
§ 34A-13-45 Damage prior to April 1, 1990
§ 34A-13-46 Tanks at abandoned sites
§ 34A-13-47 Time limit for third-party claim
§ 34A-13-48 Private insurance as risktaker–Annual report identifying potential companies
§ 34A-13-49 Abandoned tank removal program created–Eligibility for participation
§ 34A-13-50 Scope of program
§ 34A-13-52 Department responsible for tank removal and corrective actions under program–Director to make payments from fund
§ 34A-13-53 Promulgation of rules
§ 34A-13-54 Director to suspend payments except at high-risk sites when fund balance is two million dollars or less

Terms Used In South Dakota Codified Laws > Title 34A > Chapter 13 - Petroleum Inspection and Release Compensation

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2