§ 34A-10-2.3 Use of security for cleanup and remediation of environmental problems.

SD Codified L § 34A-10-2.3 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

34A-10-2.3. Use of security for cleanup and remediation of environmental problems. The state, with such board or court approval, if any, as is provided in the permit or security instrument required pursuant to § 34A-10-2.1 or 34A-10-2.2, may use the security as necessary for the cleanup and remediation of environmental problems related to the activity for which the security was provided. When such cleanup and remediation is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursuant to a site-specific, board-approved remedial action plan, the state may proceed against any remaining security for the purpose of collecting any properly recoverable cost incurred by the state in pursuing the cleanup, environmental damages, or penalties. Until the environmental cleanup or remediation is complete, any state cost, environmental damage, and penalty judgments have been satisfied and the security has been released by the board, the security may not be assigned for the benefit of creditors, attached, garnished, levied, or executed on, or subject to process issued from any court; except for the purpose of enabling the state to effectuate the environmental cleanup or remediation.

Source: SL 1989, ch 306, § 70.

Previous Section

§ 34A-10-2.2 Right and title in bond or security--Form and amount.

Next Section

§ 34A-10-2.4 Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license.