South Dakota Codified Laws
Chapter 13 - Petroleum Inspection And Release Compensation
Section 34A-13-24 - Failure to pay fee as misdemeanor--Subsequent violation as felony.

34A-13-24. Failure to pay fee as misdemeanor--Subsequent violation as felony.
If a party required to pay the fee imposed by §34A-13-20 on the date due fails to do so, the party is guilty of a Class 1 misdemeanor. Each subsequent violation of this section is a Class 6 felony if the violation occurs within eighteen months of a previous violation.

Source: SL 1988, ch 290, §24; SL 1991, ch 294, §11; SL 1995, ch 71, §193.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34A - Environmental Protection

Chapter 13 - Petroleum Inspection And Release Compensation

Section 34A-13-1 - Definition of terms.

Section 34A-13-4 - Immediate corrective action by department.

Section 34A-13-5 - Joint adoption of response procedure.

Section 34A-13-7 - Furnishing of information to director--Denial of benefits based on failure to furnish information.

Section 34A-13-8 - Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

Section 34A-13-8.1 - Reimbursement by fund for corrective action costs--Limitation--Costs for releases.

Section 34A-13-8.2 - Percentage of deductible waived for certain releases.

Section 34A-13-8.3 - Limitation on reimbursement for release sites.

Section 34A-13-8.4 - Defense costs of certain third-party claims.

Section 34A-13-8.5 - Reimbursement to covered party.

Section 34A-13-9 - Cost of corrective action--Amount of reimbursement--Exceptions.

Section 34A-13-9.1 - Conditions for reimbursement.

Section 34A-13-9.2 - Subrogation of fund--Right to recover.

Section 34A-13-10 - Avoidance of liability by conveyance or agreement prohibited--Exceptions.

Section 34A-13-11 - Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds.

Section 34A-13-12 - Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required.

Section 34A-13-12.1 - Administrative, civil, injunctive, and criminal remedies allowed where pursued by director--Exhaustion of administrative remedies not required.

Section 34A-13-14 - Petroleum Release Compensation Board--Appointment of members--Terms.

Section 34A-13-15 - Employment of staff--Costs and appropriations--Delegation of authority.

Section 34A-13-16 - Adoption of rules and procedures.

Section 34A-13-16.1 - Training and testing of persons who perform services to be reimbursed.

Section 34A-13-17 - Attachment of fund to Department of Agriculture and Natural Resources--Reimbursement of costs.

Section 34A-13-18 - Deposit and crediting of revenue.

Section 34A-13-20 - Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue.

Section 34A-13-20.1 - Transfer of funds to and from state highway fund.

Section 34A-13-22 - Payment of fee on monthly basis--Rules.

Section 34A-13-23 - Audits of persons subject to fee.

Section 34A-13-24 - Failure to pay fee as misdemeanor--Subsequent violation as felony.

Section 34A-13-25 - Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements.

Section 34A-13-26 - Administration of provisions.

Section 34A-13-27 - Fund expenditures.

Section 34A-13-31 - Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements--Reduction for ineligible claims.

Section 34A-13-32 - Continuous appropriation to board for making reimbursements and other purposes--Submission of administrative budget for approval.

Section 34A-13-33 - Liability of covered party not limited by reimbursement.

Section 34A-13-34 - Reimbursement paid to third party who performed cleanup not subject to attachment--Board and fund not subject to legal process, attachment.

Section 34A-13-39 - Short title.

Section 34A-13-40 - Limits of reimbursement for corrective action and third party claims.

Section 34A-13-41 - Reimbursement to licensed petroleum marketers and other tank owners.

Section 34A-13-42 - Rules for amount, terms and period of third-party reimbursement.

Section 34A-13-44.1 - Third-party damages--Benefits intended in or on behalf of covered party.

Section 34A-13-45 - Damage prior to April 1, 1990.

Section 34A-13-46 - Tanks at abandoned sites.

Section 34A-13-47 - Time limit for third-party claim.

Section 34A-13-48 - Private insurance as risktaker--Annual report identifying potential companies.

Section 34A-13-49 - Abandoned tank removal program created--Eligibility for participation.

Section 34A-13-50 - Scope of program.

Section 34A-13-52 - Department responsible for tank removal and corrective actions under program--Director to make payments from fund.

Section 34A-13-53 - Promulgation of rules.

Section 34A-13-54 - Director to suspend payments except at high-risk sites when fund balance is two million dollars or less.