74:34:01:01.  Definitions. Terms used in this article mean:

 

          (1)  "CERCLA," the Comprehensive Emergency Response, Compensation and Liability Act of 1980;

 

          (2)  "Department," the Department of Agriculture and Natural Resources;

 

          (3)  "Hazardous chemical," any chemical which is a physical or health hazard, but not the following substances:

 

               (a)  Any food, food additive, color additive, drug, or cosmetic regulated by the U.S. Food and Drug Administration; or

               (b)  Any substance present as a solid in any manufactured item if exposure to the substance does not occur under normal conditions of use;

 

          (4)  "Hazardous waste," as defined in 40 C.F.R. § 261.3 (July 1, 1988);

 

          (5)  "Mixture," a heterogeneous association of substances in which the various individual substances retain their identities and can usually be separated by mechanical means;

 

          (6)  "Reportable quantity," a discharge of a regulated substance to the environment in sufficient quantity to harm or threaten to harm the public health, safety, welfare, property, or natural resources of the state, or a regulated substance discharged in a quantity reportable according to the provisions of SARA, Title III, § 304 (1986);

 

          (7)  "Responsible person," as defined in SDCL 34A-12-1;

 

          (8)  "SARA," the Superfund Amendments and Reauthorization Act of 1986

 

          Source: 17 SDR 48, effective October 3, 1990; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

          General Authority: SDCL 34A-12-7, 34A-12-9.

          Law Implemented: SDCL 34A-12-7, 34A-12-9.