1-41-25.2. Environmental audit subject to discovery--Summary of disclosed violation.
The department may not request results of an environmental audit. However, an environmental audit is subject to discovery according to the rules of civil or criminal procedure. If a regulated entity discloses a violation found during an environmental audit, the section of the environmental audit report pertaining to a violation of environmental law, rule, regulation, or permit enforced by the department may be summarized for the purposes of disclosure to the department secretary. The summary shall include the date the violation was found and the entity that conducted the environmental audit.
Documents, communications, compliance data, reports, or other information required to be collected, developed, maintained, or reported to the department according to state law, rule, regulation, or permit are not covered by the provisions of §§1-41-25 to 1-41-25.4, inclusive.
Source: SL 1996, ch 18, §3; SDCL §1-40-35; 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.