Section 34A-13-9 - Cost of corrective action--Amount of reimbursement--Exceptions. - South Dakota Statutes

34A-13-9. Cost of corrective action--Amount of reimbursement--Exceptions. A responsible person is liable for the cost of the corrective action taken by the board or the department, including the cost of investigating the release and administrative and legal expenses of the fund. This chapter does not create any new cause of action for damages on behalf of third parties for release of petroleum products against the fund, petroleum marketer, or covered parties. Reimbursement shall be made to a covered party who qualifies pursuant to the criteria set forth in this chapter.
No reimbursement from the fund may be made to a covered party if:
(1) Corrective action has been taken in an emergency pursuant to §§ 34A-13-3 and 34A-13-4, and the responsible person failed to report the existence of the emergency;
(2) The board has taken corrective action because a responsible person could not be identified or a tank has not been registered as required by law;
(3) The person has defaulted in the repayment of any loan or other obligation due or owing to the authority or to a lender and undertaken in accordance with the provisions of §§ 34A-14-3 to 34A-14-26, inclusive; or
(4) The conditions of § 34A-13-8.5 have not been met.

Source: SL 1988, ch 290, § 9; SL 1989, ch 310, § 2; SL 1990, ch 292, § 4; SL 1991, ch 294, § 4; SL 1992, ch 260, § 10; SL 1995, ch 71, § 190.