1-41-25.1. Application of environmental audit provisions--Discovery of violations.
The department may not pursue civil penalties or criminal prosecution for violations found during an environmental audit that are disclosed to the department secretary in writing within thirty days after the violation is found. Violations found by the department prior to the time a regulated entity has disclosed these violations in writing to the department secretary are not covered by the provisions of §§1-41-25 to 1-41-25.4, inclusive. If a state program is required in writing by a federal agency to assess penalties for a violation in order to maintain primacy over a federally-delegated program, or if violations caused damage to human health or the environment, the provisions of §§1-41-25 to 1-41-25.4, inclusive do not apply. If violations are found during an audit and disclosed in writing to the department secretary, the violations must be corrected within sixty days of discovery. If correction is not possible within sixty days, a written compliance schedule shall be negotiated between the department and the regulated entity to correct violations disclosed, unless the violation has been resolved to the satisfaction of the department at the time of the disclosure.
Source: SL 1996, ch 18, §2; SDCL §1-40-34; SL 2021, ch 1 (Ex. Ord. 21-3), §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.