34A-10-2.6 . Cleanup and remediation of environmental problems--Use of oil and gas well security.
If necessary cleanup and remediation of environmental problems related to the site-specific activity for which security was provided in accordance with § 45-9-15 is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursuant to a site-specific, board-approved remedial action plan, the state may use the remaining security for environmental cleanup or remediation of any lands or resources regulated under chapter 45-9 if forfeiture of the security was ordered solely or in part due to the failure of the operator to perform in accordance with the provisions of §§ 45-9 -5 to 45-9 -18, inclusive.
Source: SL 2020, ch 154, § 2.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 10 - Remedies For Protection Of Environment
Section 34A-10-1 - Parties entitled to maintain actions against pollution.
Section 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.
Section 34A-10-2.2 - Right and title in bond or security--Form and amount.
Section 34A-10-2.3 - Cleanup and remediation of environmental problems--Use of security.
Section 34A-10-2.5 - Failure to comply with order--Injunctive relief.
Section 34A-10-3 - Security required of plaintiff.
Section 34A-10-4 - Appointment of master or referee--Qualifications.
Section 34A-10-6 - Judicial review by court originally taking jurisdiction.
Section 34A-10-7 - Adjudication by court after administrative proceedings--Additional evidence.
Section 34A-10-8 - Detrimental conduct prohibited when reasonable alternative available.
Section 34A-10-9 - Defendant rebutting evidence of pollution.
Section 34A-10-11 - Equitable relief against detrimental conduct--Conditions imposed on defendant.
Section 34A-10-12 - Apportionment of costs.
Section 34A-10-13 - Collateral estoppel--Res judicata.
Section 34A-10-14 - Chapter supplementary to other procedures.
Section 34A-10-15 - Citation of chapter.
Section 34A-10-16 - Enforcement action by department.
Section 34A-10-17 - Obtaining voluntary compliance--Administrative settlement agreements.