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CHAPTER 1-50

STATE EMERGENCY RESPONSE COMMISSION

1-50-1      State emergency response commission--Membership--Compensation and reimbursement.
1-50-2      Commission responsibilities.
1-50-3      Promulgation of rules and procedures.
1-50-4      Funds of the Department of Environment and Natural Resources.
1-50-5      State Emergency Response Commission duties.
1-50-6      Legislative findings--State Emergency Response Commission and fees on facilities reporting hazardous substances.
1-50-7      SERC and SARA defined.
1-50-8      Annual reporting fee schedules for SARA facilities--Maximum fee.
1-50-9      SARA fee subfund--Agency activities.
1-50-10      SERC report--Contents--Appropriations--Distribution of grants.
1-50-11      Facility owner or operator to pay annual fee--Date due--Late fee--Failure to submit forms or submission of fraudulent forms.


     1-50-1.   State emergency response commission--Membership--Compensation and reimbursement. There is created the South Dakota State Emergency Response Commission. The commission shall consist of ten members. The secretary of the Department of Environment and Natural Resources, the secretary of the Department of Transportation, the director of the Division of Emergency and Disaster Services, and the secretary of public safety or their designees shall be members. Six members shall be appointed by the Governor and shall serve at the pleasure of the Governor. One of the six members appointed by the Governor shall be a member of the chemical industry, one shall be an elected or appointed member of a political subdivision, one shall be actively engaged in an agricultural business, one shall be a health professional, one shall be a member of a fire department, and one shall be a member of a local emergency planning committee. A majority is a quorum and a majority of a quorum may take official action. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for all time actually spent while attending commission meetings. However, no per diem may be paid to commission members who are state employees. Per diem compensation and expense reimbursement shall be paid from funds appropriated to the Department of Environment and Natural Resources.

Source: SL 1991, ch 14, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 105.


     1-50-2.   Commission responsibilities. The South Dakota State Emergency Response Commission shall:
             (1)      Coordinate and implement the requirements placed on the state by 42 U.S.C. § 11001 et seq. as in effect on January 1, 1991;
             (2)      Designate local emergency planning districts and supervise and coordinate the activities of the local emergency planning committees; and
             (3)      Coordinate and implement federal grants for training of local emergency planning committees and public sector employees.

Source: SL 1991, ch 14, § 2.


     1-50-3.   Promulgation of rules and procedures. The South Dakota State Emergency Response Commission may promulgate rules pursuant to chapter 1-26 to establish procedures for local emergency planning committees to apply for and receive grants from the commission for training and planning. The rules may include provisions to evaluate and enforce compliance with the grant requirements.

Source: SL 1991, ch 14, § 3.


     1-50-4.   Funds of the Department of Environment and Natural Resources. The Department of Environment and Natural Resources may accept and expend for the purpose of this chapter any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10.

Source: SL 1991, ch 14, § 5; SL 1991, ch 17 (Ex. Ord. 91-4), § 17.


     1-50-5.   State Emergency Response Commission duties. In accordance with the requirements imposed on the State Emergency Response Commission by 42 U.S.C. § 11001 et seq. as in effect on January 1, 1990, the commission shall assist with local emergency planning committee plan development and review local plans for completeness. In addition, the commission shall:
             (1)      Review local plans to determine the level of threat from an accidental release of dangerous chemicals and the local capability to adequately respond to those releases;
             (2)      Prepare recommendations for action to be taken to develop and coordinate emergency response capabilities, including the feasibility of regional emergency response;
             (3)      Evaluate various options and prepare a recommendation concerning funding based on user fees to support on-going emergency planning activities and incident response preparedness; and
             (4)      Develop a recommendation for a future state emergency response commission structure.

Source: SL 1990, ch 291, § 1; SDCL, § 34A-12-18; SL 1993, ch 257, § 1.


     1-50-6.   Legislative findings--State Emergency Response Commission and fees on facilities reporting hazardous substances. The Legislature finds that in order to protect the public health, safety, welfare, and the environment of this state, it is in the public interest of the state to have a strong state emergency response commission with such resources as are necessary to fully implement the provisions of the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992. The Legislature further finds it to be in the public interest and good public policy to impose a reasonable fee upon facilities required to report hazardous substances as provided in that act in order to defray the costs to the state of administering this program.

Source: SL 1992, ch 254, § 61; SDCL, § 34A-12-19; SL 1993, ch 257, § 1.


     1-50-7.   SERC and SARA defined. For purposes of this chapter, "SERC" means State Emergency Response Commission and "SARA" means the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992.

Source: SL 1992, ch 254, § 62; SDCL § 34A-12-20; SL 1993, ch 257, § 1.


     1-50-8.   Annual reporting fee schedules for SARA facilities--Maximum fee. There is hereby imposed an annual reporting fee upon each facility required to report hazardous substances as provided in SARA, title III, sections 312 and 313 in accordance with the following schedule:
             (1)      SARA, title III, section 312--any facility required to report under this section shall submit only tier II forms to the State of South Dakota and the fee shall be based upon the number of chemicals or mixtures reported according to the following schedule:

        facilities that report for 1-3 chemicals or mixtures .................... $50;
                 facilities that report for 4-9 chemicals or mixtures ................... $100;
                 facilities that report for 10-18 chemicals or mixtures ................. $200;
                 facilities that report for 19 or more chemicals or mixtures ... $300; and
             (2)      Toxics release inventory reporting facilities--any facility required to submit release information pursuant to section 313 of SARA title III shall be subject to a fee for each chemical reported. The amount shall be based upon the total amount of each chemical released to the air, land, water and off-site facilities in accordance with the following schedule:
                 0 -- 9,999 lbs per year ................................................ $ 250
                 10,000 -- 19,999 lbs per year .......................................... $ 350
                 20,000 -- 29,999 lbs per year .......................................... $ 450
                 30,000 -- 39,999 lbs per year .......................................... $ 550
                 40,000 -- 49,999 lbs per year .......................................... $ 650
                 50,000 -- 74,999 lbs per year .......................................... $ 800
                 75,000 -- 99,999 lbs per year ........................................ $ 1,000
                 100,000 -- 249,999 lbs per year ...................................... $ 1,300
                 250,000 -- 499,999 lbs per year ...................................... $ 1,600
                 500,000 -- 749,999 lbs per year ...................................... $ 2,000
                 750,000 -- 999,999 lbs per year ...................................... $ 2,500
                 1,000,000 lbs or more per year ...................................... $ 3,000
     The fee for all toxics release inventory chemicals reported may not exceed $3,000 per facility.

Source: SL 1992, ch 254, § 63; SDCL, § 34A-12-21; SL 1993, ch 257, § 1.


     1-50-9.   SARA fee subfund--Agency activities. There is hereby created the SARA fee subfund of the environmental fee fund established in § 1-40-30. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts and fees received pursuant to § 1-50-8. The subfund shall be separately maintained and be administered by the secretary in order to defray expenses of all activities associated with administering the state emergency response commission including the use of such funds as a match for any grants the commission may receive. Expenditures from the subfund shall be appropriated through the normal budget process.
     These activities shall be conducted by the Department of Environment and Natural Resources, the Department of the Military or any other agency designated as staff for the State Emergency Response Commission by the Governor. These activities shall include the following:
             (1)      Establish a toll-free number to obtain reporting information or assistance;
             (2)      Assist local and county governments in establishing viable local emergency planning committees;
             (3)      Assist local emergency planning committees in preparing, exercising and updating emergency response plans required by this program;
             (4)      Organize or conduct appropriate training activities for representatives of government entities and first responders in accordance with accepted practice as funding is available;
             (5)      Develop procedures to apply for and distribute grant funding available through any appropriate federal or other nonstate sources;
             (6)      Produce a compliance package to assist facilities with the requirements of SARA title III, sections 302, 311 and 312;
             (7)      Deliver the reporting package to known facilities no later than six weeks before the March first reporting deadline;
             (8)      Identify possible reporting facilities and provide them with the documents necessary to comply with SARA title III, section 313 - the toxics release inventory; and
             (9)      Develop an educational program including any of the following:
             (a)      A video detailing facility compliance and illustrating completion of the appropriate forms;
             (b)      Meeting for facility representatives in various locations around the state before the reporting deadlines to assist with compliance; or
             (c)      Assistance to local emergency planning committees to improve their ability to identify and provide information to the facilities in their communities.
     Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 64; SDCL § 34A-12-22; SL 1993, ch 257, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.


     1-50-10.   SERC report--Contents--Appropriations--Distribution of grants. At the end of the budget year the SERC shall submit a report to the Legislature detailing any fees collected pursuant to § 1-50-8 which are in excess of the amount appropriated for these purposes and request a budget appropriation to remit this amount to the local emergency planning committees in the form of grants to support emergency planning and community right-to-know activities at the local level. Grants shall be distributed according to the following schedule:
             (1)      An amount not to exceed sixteen thousand five hundred dollars shall be distributed equally to all active local emergency planning committees if the active committees have addressed the minimum requirements of the program including:
             (a)      Annually submit a membership roster which meets the requirements of this section to the SERC for approval;
             (b)      Elect officers and adopt bylaws;
             (c)      Hold regular meetings at least once per quarter;
             (d)      Develop a procedure to provide information to the public on request;
             (e)      Provide public notice of meetings and of the availability of right-to-know information;
             (f)      Submit a draft emergency response plan; and
             (g)      Exercise and update the plan as required; and
             (2)      Any additional excess funds shall be included in the next year's legislative budget to be appropriated to be divided by the total number of facilities reporting statewide and the funds shall be disbursed to the local emergency planning committees on a per-facility basis.
     Grants distributed under this program shall be expended by the local emergency planning committees to defray the expenses of operating the SARA title III program and for related SARA title I activities.

Source: SL 1992, ch 254, § 65; SDCL, § 34A-12-23; SL 1993, ch 257, § 1.


     1-50-11.   Facility owner or operator to pay annual fee--Date due--Late fee--Failure to submit forms or submission of fraudulent forms. The obligation to pay the fee imposed by § 1-50-8 shall be upon the owner or operator of any facility required to make notification and shall accrue upon the appropriate SARA reporting deadline each year. The fee is due and payable within thirty days and shall be remitted to the Department of Environment and Natural Resources along with the forms that may be prescribed by the secretary of environment and natural resources in rules promulgated pursuant to chapter 1-26. A late reporting fee of ten percent of the amount due under this section or of fifteen dollars, whichever amount is greater, shall be assessed for any fee or portion of a fee not timely paid in accordance with this section.
     Any facility that knowingly fails to submit the appropriate forms, or that knowingly submits fraudulent forms, shall be reported to the appropriate local emergency planning committee and county commission, and shall be referred to the United States Environmental Protection Agency for appropriate enforcement under section 325 of the Emergency Planning and Community Right-to-Know Act of 1986 as amended to January 1, 1992.

Source: SL 1992, ch 254, § 66; SDCL § 34A-12-24; SL 1993, ch 257, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2019, ch 158, § 1.


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