34A-12-12. Strict liability for costs of corrective action.
Any person who has caused a discharge of a regulated substance in violation of §34A-12-8 is strictly liable for the corrective action costs expended by the department pursuant to §§23A-27-25, 34A-1-39, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68.
Source: SL 1988, ch 291, §13.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 12 - Regulated Substance Discharges
Section 34A-12-1 - Definition of terms.
Section 34A-12-3.1 - Subfund created--Disbursement and use of funds.
Section 34A-12-4 - Expenditure of funds by secretary--Grounds for expenditures.
Section 34A-12-6 - Civil action by department for corrective action costs--Recovery of other costs.
Section 34A-12-7 - Promulgation of rules--List of regulated substances.
Section 34A-12-8 - Discharge of regulated substance prohibited--Exception.
Section 34A-12-9 - Report of discharge--Rules for reporting.
Section 34A-12-10 - Order to take corrective action--Injunctive action--Cease and desist order.
Section 34A-12-11 - Injunctive action for emergency remedial efforts.
Section 34A-12-12 - Strict liability for costs of corrective action.
Section 34A-12-13.1 - Authority to establish and enforce remediation requirements.
Section 34A-12-14 - Additional remedies.
Section 34A-12-15 - Deposit of certain moneys in response fund.
Section 34A-12-16 - Determination of person responsible for discharge.