S.D. Codified Laws § 1-41-25.4

Current through the 2024 Legislative Session

Section 1-41-25.4 - Removal of regulated entity from environmental audit provisions

If abuses of §§ 1-41-25 to 1-41-25.4, inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4, inclusive, upon entering a finding that the regulated entity has:

(1) Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4, inclusive, or the nature or extent of any damage to human health or the environment;

(2) Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or

(3) Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery.

Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26. The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26.

SDCL 1-41-25.4

SL 1996, ch 18, § 5A; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 56, eff. Apr. 19, 2021.

Transferred from § 1-40-37 by S.L. 2021, ch. 1,s. 14, eff. 4/19/2021.

Transferred from § 1-40-37 by S.L. 2021, ch. 1,s. 56, eff. 4/19/2021.