34A-13-8. Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

The director may, upon presentation of official fund credentials:

(1)    Examine and copy books, papers, records, memoranda, or data of any person who has a duty to provide information to the director under § 34A-13-7; and

(2)    Enter upon public or private property for the purpose of taking action authorized by this section, including obtaining information from any person who has a duty to provide the information under § 34A-13-7, conducting surveys and investigations, and taking corrective action.

Failure by the covered party to allow access to the property and examination or copying of the documents authorized in this section allows denial of benefits under this chapter pursuant to subdivision § 34A-13-8.5(6).

Source: SL 1988, ch 290, § 8; SL 1991, ch 294, § 3; SL 1992, ch 260, § 4; SL 2011, ch 165, § 156.



SDLRC - Codified Law 34A-13-8 - Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

34A-13-8.1. Reimbursement by fund for corrective action costs--Limitation--Costs for releases.

The fund may provide reimbursement of reasonable and necessary costs to an eligible covered party for an approved corrective action in excess of ten thousand dollars and not to exceed one million dollars for releases reported after April 1, 1988. Costs incurred for releases reported prior to April 1, 1988, are eligible for reimbursement only to the extent the costs were incurred after that date. Reimbursement to an eligible covered party may not exceed one million nine hundred ninety thousand dollars within any fiscal year as provided in § 4-10-10. Reimbursement may include costs of an approved corrective action and third-party claims for releases reported after April 1, 1990. Reimbursement may not exceed the reasonable and necessary costs of cleanup under the risk-based cleanup method approved by the water management board pursuant to subdivisions 34A-2-93(13) and 34A-2-99(4).

Source: SL 1992, ch 260, § 5; SL 1995, ch 204, § 3.



SDLRC - Codified Law 34A-13-8 - Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

34A-13-8.2. Percentage of deductible waived for certain releases.

The department may waive any percentage it deems appropriate of the deductible if the release is reported after April 1, 1990, and is discovered as a result of an action designed to bring existing equipment into compliance with environmental legal requirements as set forth in §§ 34A-2-99 and 34A-2-101.

Source: SL 1992, ch 260, § 6; SL 2024, ch 146, § 4.



SDLRC - Codified Law 34A-13-8 - Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

34A-13-8.3. Limitation on reimbursement for release sites.

Regardless of the number of releases involved, locations involved, covered parties involved, claims made, suits brought, or persons filing claims or bringing legal action, in no event may the amount of reimbursement for any release site exceed nine hundred ninety thousand dollars unless the director has determined a new occurrence has taken place and all claims for prior occurrences have been established or settled. The provisions of this chapter do not authorize the department to pay any exemplary and noneconomic damages, including damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of society and companionship, hedonic damages, or punitive damages on behalf of any covered party.

Source: SL 1992, ch 260, § 7; SL 2024, ch 146, § 5.



SDLRC - Codified Law 34A-13-8 - Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

34A-13-8.4. Defense costs of certain third-party claims.

In addition to the amounts set forth in this chapter, the department shall provide the defense of third-party claims and all costs related thereto for claims of covered parties arising under this chapter, including attorneys' fees. However, the department may not provide the defense of third-party claims and costs relating thereto, including attorneys' fees, if the coverage limit under this section is exhausted by judgments, settlements, or corrective action costs prior to the commencement of a civil action by the third-party claimant against the covered party.

Source: SL 1992, ch 260, § 8; SL 2024, ch 146, § 6.



SDLRC - Codified Law 34A-13-8 - Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.

34A-13-8.5. Reimbursement to covered party.

Reimbursement from the fund may be made to a covered party only if:

(1)    The department and fund were given notice of the release as provided by rule;

(2)    At the time the release was discovered, the tank or other container was in substantial compliance with state rules and federal regulations applicable to the tank or other container;

(3)    The tank was used primarily or exclusively to contain petroleum;

(4)    The covered party applying to the fund, if subject to the tank inspection fee established in this chapter, has paid the fee and is current, or the petroleum involved in the release was supplied by a person who is subject to the tank inspection fee, or the release site is determined to be an abandoned site;

(5)    The covered party has satisfied the deductible;

(6)    The covered party is cooperating with the director and department in responding to the release;

(7)    In a corrective action, the covered party has received funding approval for a site assessment plan from the director prior to incurring costs for the assessment except as provided in § 34A-13-9.1;

(8)    In a corrective action, the covered party has conducted a site assessment, except as provided in § 34A-13-9.1;

(9)    In a corrective action, the covered party has submitted a corrective action plan and the director has authorized funding prior to the incurring of costs under the plan except as provided in § 34A-13-9.1;

(10)    In a corrective action, if the department has declared that an emergency exists and immediate abatement is necessary as provided in § 34A-13-4, even though the requirements of subdivisions (7), (8), and (9) of this section are not met until the factors causing the emergency have been addressed to the satisfaction of the department; and

(11)    The covered party has submitted his claim on forms provided by the fund and has supplied the information in the manner required by the fund.

Source: SL 1992, ch 260, § 9.