An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity: (1) Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit; (2) Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure; (3) Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§ 1-41-25 to 1-41-25 .4, inclusive; or (4) Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.
‹ Prev All South Dakota sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.