S.D. Admin. R. 74:32:01:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:32:01:01 - Definitions

Terms defined in SDCL 34A-13-1 have the same meaning when used in this article except as otherwise indicated. In addition, terms used in this article mean:

(1) "Board," the Petroleum Release Compensation Board or its authorized representative;

(2) "Bodily injury," bodily injury, sickness, or disease sustained by an individual, including death resulting from any of these at any time;

(3) "Claim," the demand for money or services, including the service of suit made upon the covered party;

(4) "Cleanup," necessary and reasonable expenses incurred by a covered party for the removal or neutralization of petroleum, including necessary and reasonable costs, charges, and expenses incurred by geotechnical or environmental firms and their personnel to investigate, assess, remediate, or monitor the effects of any covered release;

(5) "Covered party," a responsible person, an employee of a responsible person, or a responsible person's agent who has custody of a responsible person's real property;

(6) "Defense costs," reasonable fees charged by the secretary's attorney, court costs, prejudgment interest, postjudgment interest, and other reasonable fees, costs, and expenses attributed to the secretary's investigation, defense, or appeal of a claim;

(7) "Fiscal year," the period of time beginning July 1 and ending June 30;

(8) "Legal obligation," an obligation forming the basis of a judgment against the covered party in a court of applicable jurisdiction;

(9) "Pathway and fate analysis," a study conducted to determine the mechanisms and routes by which contaminants may enter a specific environment, the specific environments potentially affected by the contaminants, and the full final disposition and chemical form of the contaminants in those environments;

(10) "Property damage," physical injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property, proximately caused by a release; or loss of use of tangible property that is not physically injured, destroyed, or contaminated, but has been evacuated, withdrawn from use, or rendered inaccessible as a proximate result of a release;

(11) "Risk assessment," a scientific evaluation of the properties of petroleum products and the conditions of environmental and human exposure to petroleum products in order to ascertain the likelihood of adverse effects to the environment and exposed humans and the nature of such effects;

(12) "Secretary," the secretary of the Department of Revenue and Regulation;

(13) Suit," a civil proceeding filed in a court of applicable jurisdiction in which compensatory damages are alleged because of bodily injury or property damage to which the reimbursement provisions of this chapter and SDCL chapter 34A-13 apply, including an arbitration proceeding alleging such damages, to which a covered party must submit or submit with the secretary's consent;

(14) "Waste facility," any site to which petroleum-contaminated material is consigned for delivery or delivered for storage, disposal, processing, or treatment.

S.D. Admin. R. 74:32:01:01

15 SDR 72, effective 11/17/1988; 17 SDR 94, effective 1/6/1991; 18 SDR 62, effective 10/10/1991; 23 SDR 220, effective 6/25/1997; 30 SDR 58, effective 11/5/2003.

General Authority: SDCL 34A-13-16, 34A-13-40, 34A-13-42.

Law Implemented: SDCL 1-47-12, 34A-13-1, 34A-13-13, 34A-13-16, 34A-13-40, 34A-13-42.