1-41-25.3. Use of environmental audit as defense.

An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity:

(1)    Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;

(2)    Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure;

(3)    Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§ 1-41-25 to 1-41-25.4, inclusive; or

(4)    Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.

Source: SL 1996, ch 18, § 4; SDCL § 1-40-36; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.