1-41-25.3. Use of environmental audit as defense.
An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity:
(1)Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;
(2)Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure;
(3)Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§1-41-25 to 1-41-25.4, inclusive; or
(4)Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.
Source: SL 1996, ch 18, §4; SDCL §1-40-36; 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.