Section 34A-13-2 - Order to take corrective action--Notice--Conflicting orders. - South Dakota Statutes

34A-13-2. Order to take corrective action--Notice--Conflicting orders. If a release is discovered, the director may order or join, subject to § 34A-13-3, in an order of the department directing a responsible person to take reasonable and necessary corrective actions. The director shall notify the owner of real property where corrective action is ordered. If the department or other political subdivision has pursuant to statute, rule, or ordinance ordered a responsible person to take a corrective action or undertake a corrective plan of action, no other governmental unit may give an order to a responsible person that conflicts with or alters the original order or corrective plan. If an order is given which does conflict, the representatives of the governmental unit shall give notice to the responsible person of the conflict. The notice given shall be actual notice and may be an oral notice if an emergency exists. The representatives of the governmental units in conflict and the responsible person or his representative shall meet at an agreed time at the site. The responsible person shall follow the order of the governmental unit that was first in time unless, by agreement of the parties at the site, the original order is altered and the original order is not less stringent than would be required by the department. If the governmental unit that did not make the original order or corrective plan requires additional work to be done, the responsible person may not be required to pay the cost of the additional work required by the governmental unit that was second in time to give an order. The governmental unit that was first to assume jurisdiction of the site shall direct all work at the site including if necessary additional requirements of the secondary governmental units who have required additional work beyond that required of the governmental unit which has jurisdiction of the site.

Source: SL 1988, ch 290, § 2; SL 1990, ch 292, § 3; SL 1993, ch 256, § 37.