SDCL § 34A-2-96: Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation.

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.

Source: SL 1984, ch 244, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 158, § 31A; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.