S.D. Admin. R. 74:27:16:06
Upon a written finding by the board or secretary that the owner or operator of a facility has failed to perform any of the obligations imposed by this article, SDCL chapter 34A-6, or the other environmental laws of this state in regard to operational performance, closure, postclosure, corrective action, or environmental remediation, the board or secretary shall have access to the resources provided by the financial assurance provided for under this chapter. The finding and a summary of the actions of the secretary in regard to the financial assurance shall be served on the owner or operator. The secretary may spend the amounts of the financial assurance that are reasonable and necessary in order to perform the obligations of the owner or operator. The owner or operator may contest the secretary's finding and the actions of the secretary in accessing the financial assurance by filing a petition with the board as provided for under article 74:09. Within 30 days after receipt of a petition contesting access to the financial assurance, the board shall hold a hearing regarding the secretary's finding and the action of the secretary. The determination of the board or secretary may be appealed as provided for under chapter 1-26.
S.D. Admin. R. 74:27:16:06
General Authority: SDCL 34A-6-1.6.
Law Implemented: SDCL 34A-6-1.6, 34A-6-1.11, 34A-6-1.12.