{"data":{"id":"us-sd/sdcl-34a-15-6.1","jurisdiction":"us-sd","citation":"SDCL § 34A-15-6.1","heading":"State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation.","body":"Notwithstanding the provisions of § 34A-15-6, a lender-owner is not liable for environmental, response, cleanup, or remediation costs at a brownfields site approved by the Department of Agriculture and Natural Resources for participation in the state brownfields revitalization and economic development program unless:\n(1) The lender-owner, its employees, or agents directly cause an immediate release or directly exacerbate a release of the regulated substances on or from the property or directly violate any environmental statute or regulation; or\n(2) The lender-owner, its employees, or agents knowingly and willfully compelled the borrower to:\n(a) Perform an action that caused an immediate release of regulated substances in excess of reportable quantities; or\n(b) Violate any environmental statute or regulation.\nLiability pursuant to this section is limited to the cost for a response action or remediation that is directly attributable to the lender-owner's activities set forth in subdivisions (1) and (2) of this section. Liability arises only if the lender-owner's actions were the proximate cause of the release or violation. Ownership or control of the property pursuant to a security interest during or after foreclosure does not by itself result in liability. No lender-owner is liable for any response action or remediation if the response action or remediation arises solely from a release of regulated substances in excess of reportable quantities that occurred before or commences before and continues after foreclosure. However, the lender-owner is responsible for the portion of the response action or remediation that is directly attributable to the lender-owner's aggravation of a release. A release of regulated substances in excess of reportable quantities discovered in the course of conducting environmental due diligence is presumed to be a prior or continuing release on the property.\nSource: SL 2004, ch 228, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.","path":["TITLE 34A. ENVIRONMENTAL PROTECTION","CHAPTER 34A-15. LIMITATION ON LIABILITY OF LENDERS FOR ENVIRONMENTAL DAMAGE"],"source_url":"https://sdlegislature.gov/Statutes/34A-15-6.1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"37c9f7de991cf62d9080b1c120a2811f23f3ecaed3a3db5f7ebad53f5f52b054","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-34a-15-6","next":"us-sd/sdcl-34a-15-7"},"notice":"GroundRules: Original legal text. Not legal advice."}