South Dakota Codified Laws
Chapter 12 - Regulated Substance Discharges
Section 34A-12-6 - Civil action by department for corrective action costs--Recovery of other costs.

34A-12-6. Civil action by department for corrective action costs--Recovery of other costs.
The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the response fund pursuant to §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68. The secretary may seek recovery of other funds expended by the department as a result of a discharge through actions brought under the provisions of Title 34A.

Source: SL 1988, ch 291, §7; SL 1992, ch 158, §55A.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34A - Environmental Protection

Chapter 12 - Regulated Substance Discharges

Section 34A-12-1 - Definition of terms.

Section 34A-12-3 - Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual legislative review.

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-12-5 - Department to perform administrative functions and corrective actions--Disbursements.

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 - Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority.

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.