South Dakota § 1-41-25.3 - Use of environmental audit as defense.
Full text of South Dakota South Dakota Codified Laws § 1-41-25.3 — Use of environmental audit as defense., with citation guidance and answers to common questions.
§ 1-41-25.3. Use of environmental audit as defense.
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.
Source: SL 1996, ch 18, § 4; SDCL § 1-40-36; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 1-41-25.3
What does South Dakota Codified Laws § 1-41-25.3 cover?
Section 1-41-25.3 ("Use of environmental audit as defense.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 1-41-25.3?
A common citation format is "South Dakota Codified Laws § 1-41-25.3" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 1-41-25.3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.