34A-12-3. Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual legislative review.
There is hereby established in the state treasury an operating fund to be known as the regulated substance response fund for the purpose of providing funds for the clean up of regulated substance discharges. Funds from the following sources shall be deposited into the response fund:
(1)Direct appropriations to the response fund from the general fund;
(2)Money, other than criminal fines assessed in criminal actions, recovered by the state in any action or administrative proceeding based upon violation of the state's environmental statutes or upon damage to the environment, including actions for administrative expense recoveries, civil penalties, compensatory damages, and money paid pursuant to any agreement, stipulation, or settlement in such actions or proceedings;
(3)Interest attributable to investment of the money in the response fund;
(4)Money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of the response fund.
All money in the response fund is continuously appropriated for the purposes specified in §34A-12-4. All money received by the department for the response fund shall be set forth in an informational budget pursuant to §4-7-7.2 and be annually reviewed by the Legislature.
Source: SL 1988, ch 291, §4; SL 2021, ch 163, § 6.
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.