South Dakota Codified Laws
Chapter 13 - Petroleum Inspection And Release Compensation
Section 34A-13-9.2 - Subrogation of fund--Right to recover.

34A-13-9.2. Subrogation of fund--Right to recover.
The fund shall be subrogated to any insurer, risk retention group, or third-party payor. The fund has the right to recover, under any pollution liability insurance contract available to a covered party, any applicable contract involving the covered party, or from any tort-feasor liable to a covered party for a release or an intentional release, or any third-party payor and that right may not be waived by contract. In any action by the fund to recover under this section, the fund may recover all its costs and, in the discretion of the court, its reasonable attorney's fees involved in the action provided demand for payment has been made at least thirty days prior to commencement of an action. Demand for payment under this section shall stay the running of any statute of limitations for thirty days. This section applies to any claim filed after April 1, 1988.

Source: SL 1990, ch 292, §5; SL 1992, ch 260, §12.

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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.