34A-13-8.5. Reimbursement to covered party.
Reimbursement from the fund may be made to a covered party only if:
(1)The department and fund were given notice of the release as provided by rule;
(2)At the time the release was discovered, the tank or other container was in substantial compliance with state rules and federal regulations applicable to the tank or other container;
(3)The tank was used primarily or exclusively to contain petroleum;
(4)The covered party applying to the fund, if subject to the tank inspection fee established in this chapter, has paid the fee and is current, or the petroleum involved in the release was supplied by a person who is subject to the tank inspection fee, or the release site is determined to be an abandoned site;
(5)The covered party has satisfied the deductible;
(6)The covered party is cooperating with the director and department in responding to the release;
(7)In a corrective action, the covered party has received funding approval for a site assessment plan from the director prior to incurring costs for the assessment except as provided in §34A-13-9.1;
(8)In a corrective action, the covered party has conducted a site assessment, except as provided in §34A-13-9.1;
(9)In a corrective action, the covered party has submitted a corrective action plan and the director has authorized funding prior to the incurring of costs under the plan except as provided in §34A-13-9.1;
(10)In a corrective action, if the department has declared that an emergency exists and immediate abatement is necessary as provided in §34A-13-4, even though the requirements of subdivisions (7), (8), and (9) of this section are not met until the factors causing the emergency have been addressed to the satisfaction of the department; and
(11)The covered party has submitted his claim on forms provided by the fund and has supplied the information in the manner required by the fund.
Source: SL 1992, ch 260, §9.
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.