34A-12-16. Determination of person responsible for discharge.
If the department has determined that a discharge has occurred, the department shall conduct an investigation to determine the responsible person. The investigation may include a title search of the affected property and shall attempt to designate as the responsible person the person deemed to be the most responsible for the occurrence of the discharge. If the identity of the person who caused the discharge can be determined, that person shall be designated as the responsible person. If the identity of the person who caused the discharge cannot be determined, the owner of the property or operator of the tank at the time of the discharge shall be designated as the responsible person. If the person deemed responsible for the discharge contests the department's decision, a title search of the affected property shall be done.
Source: SL 1989, ch 309, §1; SL 1990, ch 290, §1.
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.