34A-13-49. Abandoned tank removal program created--Eligibility for participation.
There is hereby created within the petroleum release compensation fund, a new program to be known as the abandoned tank removal program. Under this program, the director may provide payments for tank pulling and corrective action at abandoned sites where the owner or the person having legal custody of an abandoned site has voluntarily requested such action in the manner and time established by the secretary of the Department of Agriculture and Natural Resources and if the following criteria are met:
(1)The owner or person having legal custody of the abandoned site has submitted to the director a written request to have the tank removed. The request shall be made in the manner established by the secretary of the Department of Agriculture and Natural Resources to include documentation of eligibility for the site to participate in the abandoned tank removal program, proof of ownership, and legal description;
(2)The owner or person having legal custody of the abandoned site has, in writing, waived all claims against the state, its officers, agents, and employees for damages resulting directly or indirectly from the tank pulling or corrective action;
(3)If the abandoned site is on private property, all property taxes are current; and
(4)The owner or person having legal custody of the abandoned site has agreed to transfer ownership of the removed tank and its contents to the state.
No tank is eligible for coverage under this program if the tank is located at the site of a commercially operational motor fuel vendor in service on or after April 1, 1988.
Source: SL 2000, ch 175, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §31; SL 2011, ch 1 (Ex. Ord. 11-1), §156, eff. Apr. 12, 2011; 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.