§ 1-40-34 Application of environmental audit provisions--Discovery of violations.

SD Codified L § 1-40-34 (2019) (N/A)

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1-40-34. Application of environmental audit provisions--Discovery of violations. The department may not pursue civil penalties or criminal prosecution for violations found during an environmental audit that are disclosed to the department secretary in writing within thirty days after the violation is found. Violations found by the department prior to the time a regulated entity has disclosed these violations in writing to the department secretary are not covered by the provisions of §§ 1-40-33 to 1-40-37, inclusive. If a state program is required in writing by a federal agency to assess penalties for a violation in order to maintain primacy over a federally-delegated program, or if violations caused damage to human health or the environment, the provisions of §§ 1-40-33 to 1-40-37, inclusive do not apply. If violations are found during an audit and disclosed in writing to the department secretary, the violations must be corrected within sixty days of discovery. If correction is not possible within sixty days, a written compliance schedule shall be negotiated between the department and the regulated entity to correct violations disclosed, unless the violation has been resolved to the satisfaction of the department at the time of the disclosure.

Source: SL 1996, ch 18, § 2.

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§ 1-40-33 Voluntary environmental audits--Assumption against civil or criminal penalties.

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§ 1-40-35 Environmental audit subject to discovery--Summary of disclosed violation.