S.D. Admin. R. 74:32:03:06.01

Current through Register Vol. 51, page 64, December 9, 2024

Section 74:32:03:06.01 - Exclusion from reimbursement for cleanup costs

In addition to the exclusions allowed in SDCL 34A-13, the reimbursement for cleanup costs authorized by this chapter does not apply to and may not be provided for the following:

(1) The upgrading or repair of tanks or the replacement of their contents;

(2) The upgrading or repair of piping, connections, and valves used in conjunction with subdivision (1) of this section;

(3) Backfilling done in conjunction with subdivision (1) or (2) of this section;

(4) Testing for a suspected release where no cleanup is required by state regulation;

(5) Costs associated with preparing a claim;

(6) Costs associated with property damage incurred by the responsible person or a third party except those costs authorized for reimbursement under chapter 74:32:06;

(7) A release which was expected or intended from the standpoint of the covered party except for such releases ordered by governmental regulatory entities or law enforcement agencies having jurisdiction to order such a release;

(8) A release at a waste facility;

(9) A release attributable to a covered party's willful or deliberate failure to comply with an applicable statute, regulation, ordinance, directive, or order relating to the protection of the environment and promulgated by a governmental body having jurisdiction over the covered party;

(10) Fines or penalties imposed upon the responsible person;

(11) The covered party has failed to comply with any provisions of SDCL chapters 34A-13 and 34A-14 or the rules promulgated under them.

S.D. Admin. R. 74:32:03:06.01

18 SDR 62, effective 10/10/1991.

General Authority: SDCL 34A-13-16, 34A-13-40, 34A-13-42.

Law Implemented: SDCL 34A-13-9, 34A-13-9.1, 34A-13-25, 34A-13-28, 34A-13-29, 34A-13-41, 34A-13-45, 34A-13-46.