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§ 1-40-36 Use of environmental audit as defense.

SD Codified L § 1-40-36 (2019) (N/A)
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1-40-36. Use of environmental audit as defense. An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity:

(1) Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;

(2) Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure;

(3) Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§ 1-40-33 to 1-40-37, inclusive; or

(4) Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.Source: SL 1996, ch 18, § 4.

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§ 1-40-35 Environmental audit subject to discovery--Summary of disclosed violation.
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§ 1-40-37 Removal of regulated entity from environmental audit provisions.