The owner or operator of a facility or vehicle that stores or transports petroleum substances is responsible for the costs of containment and recovery ordered by the secretary and incurred by the state as a result of a discharge of the petroleum substances into state waters. Any person causing the discharge shall be strictly liable to the owner or operator for all costs and proximate damages resulting from the discharge. A violation of an order issued pursuant to this section is subject to § 34A-2-75.
S.D. Codified Laws § 34A-2-96
Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation
Applied in 1 court decision — leading case S.D. Petroleum Release Compensation Fund v. Bp (2020)
Most recently applied in S.D. Petroleum Release Compensation Fund v. Bp (August 2020)
Source: SL 1984, ch 244, § 2; SL 1991, ch 17 (Ex
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.