1-41-25. Voluntary environmental audits--Assumption against civil or criminal penalties.
An environmental audit is a written, voluntary, internal assessment, evaluation, or review, not required by law, rule, regulation, or permit, that is conducted by a regulated entity or its agent, and initiated by the regulated entity for the purpose of determining compliance with environmental law, rule, regulation, or permit enforced by the department. By completing an environmental audit in compliance with the terms and conditions of §§1-41-25 to 1-41-25.4, inclusive, there shall be a presumption against the imposition of civil or criminal penalties for violations found and disclosed. Nothing in this section authorizes uninterrupted or continuous auditing. An environmental audit may not be used to prevent the department from carrying out its statutory or regulatory functions.
Source: SL 1996, ch 18, §1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 41 - Department Of Agriculture And Natural Resources
Section 1-41-1 - Department continued.
Section 1-41-2 - Secretary as head of department.
Section 1-41-2.1 - Qualifications of secretary.
Section 1-41-3.2 - Office of agricultural and natural resources policy created--Responsibilities.
Section 1-41-3.3 - Divisions constituting department.
Section 1-41-3.4 - Limitation on stringency of certain rules.
Section 1-41-4 - Performance of functions of former department.
Section 1-41-4.1 - Performance of functions of abolished agencies.
Section 1-41-11.1 - Officers of board--Quorum--Removal of members.
Section 1-41-12 - State geologist--Duties.
Section 1-41-13 - Performance of administrative functions of conservancy district board.
Section 1-41-13.1 - Performance of nonadministrative functions of conservancy district board.
Section 1-41-14 - Performance of administrative development functions of Water Resources Commission.
Section 1-41-15 - Water Management Board created--Appointment and terms of members.
Section 1-41-15.1 - Qualifications of Water Management Board members.
Section 1-41-15.2 - Quorum of Water Management Board.
Section 1-41-15.3 - Officers of Water Management Board--Meetings.
Section 1-41-15.4 - Functions of Water Management Board.
Section 1-41-15.5 - Water pollution control powers.
Section 1-41-16 - Environmental protection functions of department and secretary.
Section 1-41-17 - Water quality and hygiene functions.
Section 1-41-19 - Board of Minerals and Environment--Composition--Appointment and terms of members.
Section 1-41-19.1 - Board of Minerals and Environment composed in conformance with Clean Air Act.
Section 1-41-19.2 - Officers of Board of Minerals and Environment--Quorum--Meetings.
Section 1-41-22 - Report required following the issuance of uncontested permits.
Section 1-41-25 - Voluntary environmental audits--Assumption against civil or criminal penalties.
Section 1-41-25.1 - Application of environmental audit provisions--Discovery of violations.
Section 1-41-25.2 - Environmental audit subject to discovery--Summary of disclosed violation.
Section 1-41-25.3 - Use of environmental audit as defense.
Section 1-41-25.4 - Removal of regulated entity from environmental audit provisions.
Section 1-41-27 - Electronic signatures permitted on certain documents.
Section 1-41-28.1 - Promulgation of rules for state agency recycling programs.