34A-13-27. Fund expenditures.
Money in the fund may only be expended or obligated:
(1)To administer the petroleum release compensation program established in this chapter;
(2)For any administrative costs and costs of corrective action taken by the fund, including investigations, legal actions, consulting costs, and other necessary costs;
(3)For any costs of recovering any expenses associated with corrective actions;
(4)For training, testing, and certification of those who perform services to be reimbursed under this chapter;
(5)For any costs paid to any state agency for services;
(6)For research and studies designed to reduce releases and improve petroleum industry methods for storage and to develop information and knowledge to aid in cleanup;
(7)To carry out inspections of tanks and to certify inspection persons who may perform approved inspections of tanks;
(8)To purchase insurance for the purpose of limiting certain risks associated with providing fund coverage as deemed appropriate by the secretary of agriculture and natural resources;
(9)For any service provider unless the director has determined that a conflict of interest exists between the consultant and the contractor that could affect the integrity of the cleanup activities;
(10)For rule making; and
(11)For training of board members and staff employed by the secretary of agriculture and natural resources.
Source: SL 1988, ch 290, §27; SL 1989, ch 310, §7; SL 1990, ch 292, §9; SL 1991, ch 294, §14; SL 1992, ch 260, §20; SL 1995, ch 321 (Ex. Ord. 95-5), §17; SL 2011, ch 1 (Ex. Ord. 11-1), §155, eff. Apr. 12, 2011; SL 2013, ch 166, §39; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
Structure 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-13-8.2 - 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-13-14 - 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-13-18 - Deposit and crediting 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-13-26 - Administration of provisions.
Section 34A-13-27 - Fund expenditures.
Section 34A-13-33 - Liability of covered party not limited by reimbursement.
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.