§ 38-19-36.5 Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty.

SD Codified L § 38-19-36.5 (2019) (N/A)

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38-19-36.5. Mishandling anhydrous ammonia or tampering with equipment and facilities prohibited--Violation as felony--Civil penalty. No person may:

(1) Place, have placed, or possess anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to contain or transport anhydrous ammonia;

(2) Transport anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to transport anhydrous ammonia;

(3) Use, deliver, receive, sell, or transport a container designed and constructed to contain anhydrous ammonia without the express consent of the owner or authorized custodian of the container; or

(4) Tamper with any equipment or facility used to contain, store, or transport anhydrous ammonia.

For the purposes of this section, containers designed and constructed for the storage and transport of anhydrous ammonia are described in the Code of Federal Regulations, title 49 as of January 1, 2001. Any person who violates the provisions of this section is guilty of a Class 5 felony or is subject to a civil penalty not to exceed fifty thousand dollars or both.

Source: SL 2001, ch 216, § 2.

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§ 38-19-36.4 "Anhydrous ammonia" defined.

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§ 38-19-36.6 Action for damages against certain persons unavailable to person who tampers with equipment.